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1d. Approve Utilization Agreement wit the Carver County Sheriffs Dept to Install a Radio antenna on Top of the Main Fire Stationi 1 1 1 1 1 1 1 1 1 1 1 1 1 1 CITY'OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 Rftn R CIW AdWiNW2 To: Mayor City Council City Manager /1I� From: Scott Harr, Public Safety Director" bdorW fHodlfiP+ Rejected Deer We Submitted to Comm1sa100 pate ° 6 to Council 6 -io -9 (. Subject: Utilization Agreement Between the City of Chanhassen and County of Carver Carver County has asked us for authorization to place a radio antenna on top of the main Chanhassen Fire Station on Laredo Drive. This enhance the primary Sheriffs Department frequency on which the county broadcasts. This directly benefit the City of Chanhassen; it will cost us nothing; and, it will have no negative a cts on any existing operations. The Public Safety Commission has reviewed and authorized this agreement. Staff recommendation: It is the recommendation of staff that this agreement be entered into. Rro'�1'.. 7'b S`hb • P.e &i..K.'. .:hfS: • k )'• J �4 gfM'e eq 1 t 8W(llyWIWIMM H MEMORANDUM UTILIZATION AGREEMENT THIS AGREEMENT, made this day of 1996 between the CITY OF CHANHASSEN, a Minnesota City, hereafter referred to as the "City ", and the COUNTY OF CARVER, a Minnesota County, hereafter referred to as the "County ". In the joint and mutual exercise of their powers, and in consideration of the mutual terms, conditions and covenants herein contained, the parties hereto agree as follows: 1. Premises The premises shall consist of the City's Fire Station located at 7610 Larado Dr. in the City of Chanhassen. The County requests to attach an antenna on the fire station and to house radio equipment inside the fire station. The City agrees to allow the County to place it's radio antenna and equipment at the fire station. The County shall have no right to use the property for any purpose except by the expressed consent of the City. The City ' retains the right to review all work plans by the county prior to their implementation. 2. Term ' This agreement shall be in place for the life of the fire station unless the City determines that it is in the best interest of the City for the County to discontinue placement ' of it's radio antenna and equipment at the fire station. At such time the City shall notify the County. The County shall then remove the radio antenna and related equipment within 60 days or by a date requested by the City, which ever time ' period is longer. The County may at it's election, remove said equipment before expiration of this agreement. ' 3. Access The City agrees that the County shall have free access to the premises for the purpose of installing, maintaining and ' operating the County's equipment. 4. Maintenance and Operation of the Premises The County shall have the right to operate it's equipment at , the premises in such a manner as will best enable it to fulfill it's own service requirements, but in accordance with the provisions herein. The City shall not be liable to the ' County for any interruption of service. However, if the City is aware that maintenance or operations of the fire station may cause or require interruption of service of radio ' equipment at the site, the City shall provide the County with as much advanced notification as possible. 5. Rights to equipment ' Any and all equipment installed by the County shall remain the property of the County, unless otherwise mutually agreed. , I 1 6. Mutual Indemnification The County and the City shall be liable for their own acts to the extent provided by law and hereby agree to indemnify and 1 hold harmless the other, it's officers and employees against any and all liability, loss, costs, damages, expenses, claims or actions, including attorney's fees which the other, it's 1 officers and employees may hereafter sustain, incur or be required to pay, arising out of or by reason of any act or omission of the party, its agents, servants or employees, in the execution, performance, or failure to adequately perform 1 its obligations pursuant to this agreement. 7. Consideration 1 The County shall pay all costs and expenses related to placing, maintaining and operating the radio equipment at the fire station. The County shall not be responsible for costs 1 related to maintaining or operating the fire station. The City agrees to allow antennas and equipment on the described premises at no charge to the County. The County in 1 turn agrees to provide the City and surrounding communities access to the County Sheriff's Main radio channel with improved coverage at no charge. No additional monetary 1 consideration to either party is contemplated by this agreement. 1 IN WITNESS WHEREOF, the City of Chanhassen and the County of 1 Carver execute this agreement on the day and year first written above. COUNTY OF CARVER 1 Appro ed as o for STATE OF MINNESOTA By. 1 Assi tant C u Attorney Chairman of County Board Date: By: 1 Sheriff of Carver County Attest: 1 Carver County Auditor CITY OF CHANHASSEN 1 STATE OF MINNESOTA BY: 1 Mayor BY: City Manager 1 1