HomeMy WebLinkAboutResolution No. R17-03 RESOLUTION NO. R17-03
A RESOLUTION OF THE CITY COUNCIL AUTHORIZING
THE MAYOR TO SIGN A LEASE AGREEMENT WITH YELLOWSTONE COUNTY
TO PROVIDE A LOCATION AND SITE FOR THE CITY'S PUBLIC
SAFETY COMMUNICATION EQUIPMENT.
BE IT RESOLVED by the City Council of the City of Laurel, Montana:
Section 1: Approval. The Lease Agreement for the use of a portion of the Greeno Radio
Site between the City of Laurel and Yellowstone County, a copy attached hereto, is hereby
approved and rent shall be calculated and paid pursuant to the Rent Provision contained in the
Lease Agreement as Section 6.
Section 2: Execution. The Mayor and City Clerk of the City of Laurel are hereby given
authority to execute the Lease Agreement on behalf of the City.
Introduced at a regular meeting of the City Council on March 7, 2017, by Council
Member Dickerson .
PASSED and ADOPTED by the City Council of the City of Laurel, Montana, this 7th day
of March.
APPROVED by the Mayor this 7th day of March, 2017.
CITY OF LAUREL
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Mark A. Mace, Mayor
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Bethany e= er, Clerk/Treasurer
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Sam S. Painter, Civil City Attorney
R17-03 Approve Lease Agreement City/Yellowstone County Greeno Radio Site
Greeno Radio Site
LEASE AGREEMENT
This agreement is entered into between YEI LOWSTONE COUNTY, herein referred to as the
'Lessor", and City of Laurel herein referred to as the "Lessee".
WHEREAS, the Lessor has a Site Agreement dated October l'';2009 for the use of the real
property described in this agreement and attached hereto, and;
WHEREAS, the Lessee desires to sub-lease the real property under the terms of this agreement.
NOW,THEREFORE, in consideration of the terms set forth in this agreement, the parties agree
as follows:
I. DESCRIPTION: This agreement governs the sub-lease of the following described real
property referred to in this agreement as the "SI IL". The building within the SI IL will
be referred to as the "FACILITY".
SITE Description: The communications site known as Greeno Radio Site, tract of land
(200 feet by 200 feet) in the SW 1/4, and SE 1/4 of Section 28, Township 3 South, Range 25
East, P.M.M., Yellowstone County, Montana, Latitude 45*, 32',I5.9" N, Longitude
108*,38',27.4" W, owned by the Landlord together with the right of ingress and egress
on established roads and trails owned by the Landlord. The Landlord does not grant to
the Tenant ingress and egress across any other lands owned or leased by the Landlord.
This tract of land is referred to in this Agreement as "the Premises".
The existing improvements at the site consist of a radio tower and a building; future
improvements may include a generator, propane tank, microwave dish(s), other radio
equipment and antennas.
2. PURPOSE: The purpose of this Lease Agreement is to provide a SI lb to locate and
operate public safety radio communications equipment that serves the Lessee.
3. SPECIAL CONDITIONS: The Lessee will utilize existing utilities and services
provided at the SI lb. It is understood that the co-located public safety equipment will
utilize a section of the FACILITY and its equipment will be housed and maintained in a
professional manner. Lessee shall reimburse the Lessor for any damage resulting from
misuse of the site, other than ordinary wear and tear. Lessee will be responsible for a
pro-rata share of the utility payments, annual rent and maintenance costs for the radio
communications co-located at the SI LL. See"RENT" section below.
4. TERM: The term of this agreement shall begin on the day of
for an initial term of ten (10) years. After the initial term, if parties agree,
they may continue with this existing lease or enter into a new contract if conditions have
changed.
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5. NOTICE: Any notice required or given pursuant to this agreement shall be deemed
effective on the day it is personally received by an agent of the Lessor or Lessee. The
notice shall be made by United States Mail, Certified Mail, Return Receipt Requested,
Postage Prepaid and addressed to the party at the address set forth herein.
6. RENT: The annual rent assessed to the Lessee for the term of this agreement is the pro-
rata share of the annual utilities paid by Lessor, the pro-rata share of maintenance costs
paid by the Lessor and the pro-rata share of the annual rent paid by the Lessor for the
previous term (April 1St—April 19.The pro-rata share is defined as the "actual" annual
costs to operate the SI lb divided equally by the users of the STHE. The Lessor will
invoice the Lessee by May 1 of each year for the annual rent. Lessor reserves the right,
due to unforeseen circumstances, to determine the need for an annual maintenance fee
after the first year of this agreement. The fee shall only be used to provide for SI lb and
FACILITY maintenance or improvements that benefit all users. Fees shall not be used for
the repair of an individual user's equipment. Repair and maintenance of individual user
equipment is the sole responsibility of the user- in this lease, the Lessee. The pro-rata
share of the annual costs will be recalculated when new users are added to the site.
7. CONDITION OF PROPERTY: The Lessee agrees to maintain the SI lb in a neat
manner at all times and shall not permit any waste or debris to be accumulated on the
property. The Lessee agrees to obtain approval from the Lessor for any alteration of the
site other than routine maintenance and repair, or for any change or installation of new
equipment. The parties agree that if the LESSEE stops using the SI lb, that the Lessee
shall remove their equipment from the SI l'b and restore the SITE to its original condition
within a time period agreed upon by both parties. The annual rent will be prorated from
the previous year's payment to the termination date.
8. FREQUENCIES: The Lessee shall complete and keep current the frequencies of all the
pubic safety radio equipment at the SI 1E listed on Attachment A to this agreement.
9. TECHNICAL STANDARDS: All equipment must adhere to R56 grounding standards
and each transmitter must be labeled showing the user name, the transmit, the receive and
the tone control frequency. All batteries must be the sealed gel-cell type. Any new feed
line for antennas between the entrance port and the antenna mounted on the tower must
be minimally LMR 400 or V2 inch Jacketed Heli-ax, terminated with "N" or DIN type
connectors and properly installed grounding kits. Mounting clips must follow EIA/TIA
568 standards. No RG-8 or 213 transmission line is allowed. Adapters or mixed
connections are highly discouraged as they can be a source of generated interference.
10. ACCESS AND QUIET ENJOYMENT: The Lessee acknowledges that the SI1E and
its access road are on private property and the Lessor is not obligated to maintain the
access road to fit the Lessee's needs or requirements. Access shall be limited to Lessee's
members, its radio maintenance euy,loyees or contractors who install or maintain the
public safety radio equipment. Access to the SI l'b by the Lessee or other user employees
or contractors, shall be limited to daylight hours; unless an emergency arises that makes
access at other times necessary to remedy the delivery of emergency services to the
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public. The Lessee agrees to require radio maintenance employees or contractors to sign
in and out by contacting the Lessor's Site Manager by phone or email on each visit to the
site. In the event the Lessor is not available, a message will be left detailing the time and
purpose for the site visit.
11. INTERFERENCE WITH OTHER EQUIPMENT: The Lessee understands that its
equipment must not interfere with other public safety equipment located at this SI lb. If
interference is detected, and determined to be caused by the Lessee, the Lessor will
coordinate with the Lessee to address the issues and fix the problem in a timely manner.
Failure to fix the problem may require replacement or removal of the Lessee's radio
equipment, if deemed necessary by the Lessor, to address the interference issues.
12. SUCCESSORS IN INTEREST: This Lease Agreement shall be binding upon the heirs,
successors and assigns of the parties hereto.
13. COUNTERPARTS: At least two copies of this agreement shall be signed by the parties
and each copy shall be deemed an original.
14. INDEMNITY: The Lessee assumes all risk of and shall indemnify and hold harmless
Lessor for any claims, or legal actions for personal injury to or death of any person, or
damage to or destruction of property of anyone, including the Lessee resulting directly or
indirectly, from the Lessee's use of the SI Ib, excepting such claims or legal actions
which are caused by the sole negligence of the Lessor. Applicable Montana statutory
provisions limit liability to Seven Hundred Fifty Thousand Dollars and No Cents
($750,000) per claim/per person or One Million Five Hundred Thousand Dollars and No
Cents ($1,500,000) per occurrence.
15. CONTACTS/SITE MANAGER: The following persons will be the contact persons for
each party.
YELLOWSTONE COUNTY (Lessor)
Yellowstone County DES
Bradley Shoemaker, Director DES*
PO Box 35004
Billings, MT 59107
Phone: (406) -256-2775
Email: bshoemakerAco.vellowstone.mt.gov
*Site Manager for Yellowstone County, to include any successor.
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City of Laurel (Lessee)
P.O. Box 10
Laurel, MT 59044
If changes in the contact persons occur in the future, either party is to notify the other
party by mail or email of the change.
IN WITNESS WHEREOF, the parties hereto have affixed their signatures on the date appearing
beside their respective signatures.
YELLOWSTONE COUNTY (LESSOR):
Board of County Commissioners
Dated this an) day of re,braa yk/ , 2017.
• 4 727,0 be, Ori'scoil-
Chairman ProTe-r
STATE OF MONTANA )
County of Yellowstone
On the day day of itkrilary , 2017 before me, a Notary Public in and for the State of
Montana, personally appeared John Ostlund, known to me to be the Chairman of the Board of
County Commissioners of Yellowstone County, Montana who signed the foregoing
instrument and who acknowledged to me that they executed the same. WITNESS my hand
and seal the day and year hereinabove written.
1 .1.t
TeriReitz (SEAL)
Notary Public for the State 4 Montana
Residing at
My Commission expir- ATVIg.i.P‘a TFAI REITZ
..;otA1y4i,. NOTARY PUBUC for the
Residing at Billings,Montane
•
: SEAL stem of Montana
My Commission Expires
F•bruary 27,2018
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City of Laurel (LESSEE)
Name (printed): Mark A. Mace
Title: Mayor
Signature: 07,(?//----21 Date 03/07/2017
STA IE OF MONTANA
City of Laurel
Acknowledged before me this 97'day of 7Z7/ikizzit-- , 2017 by /ay fc /5 /ki
in the capacity as theMet/e r- of
City of Laurel (LESSEE).
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WmPotary1bhc for the State of Montana
Alt Stam ofTARY PUeLluolliteeridirg at Lett-ere
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SEA
Residing at Laurel,=41c-mmiss io n Expires yam ,2c2
My Commission
NI*NOV' Januar/20.2019
Reviewed for Legal Content by
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4tit4, Date 3
County Attorneys Office
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Attachment A
Frequency List— LESSEE:
TX Tone RX Tone
TX Tone RX Tone
TX Tone RX Tone
TX Tone RX Tone 1
TX Tone RX Tone
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