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HomeMy WebLinkAboutItem 06.dMay 2, 2011 Item No. LICENSE USE AGREEMENT WITH ISD 194 FOR OUTDOOR WARNING SIRENS Proposed Action Motion to enter into a license agreement with Independent School District #194 for the placement of three (3) outdoor warning sirens on school district property. Overview The City of Lakeville is in the process of upgrading and replacing outdoor warning sirens. Sirens at Orchard Lake Elementary and Kenwood Trail Middle School have been on site since 1980 and will be replaced. A siren will be relocated to Oak Hills Elementary School. Primary Issues to Consider • Sirens have been on school district property since 1980 and earlier. • Due to the use of the locations, the placement of outdoor warning sirens are advantageous to the school and the city. • The license agreement was prepared by the City of Lakeville Attorney. Supporting Information • License agreement signed by ISD 194 Representatives gt. John Kornmann, Administrative Sergeant/EMD Financial Impact: $ 0 Budgeted: Y/N Source: Related Documents (CIP, ERP, etc.): Notes: LICENSE AGREEMENT THIS LICENSE AGREEMENT is made, executed and entered into this day of , 2011, by between the CITY OF LAKEVILLE ( "City") and INDEPENDENT SCHOOL DISTRICT 194 (hereinafter "District 194 ") WITNESSETH WHEREAS, the City will be-upgrading, replacing and installing new outdoor warning sirens in 2011. The sirens benefit students and the general public; and WHEREAS, the City desires to obtain a license over and across certain property owned by District 194 on which to locate warning sirens; and WHEREAS, District 194 agrees to grant the license subject to the terms and conditions hereinafter described. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, the parties agree as follows: 1. Grant of License. District 194 grants the City a non - exclusive, non- transferable license to construct, maintain, and utilize the following warning sirens: Siren Location #1 — Orchard Lake Elementary School Orchard Lake Elementary will receive anew siren mounted on a new 55' class 2 wooden pole. The siren will be moved 10 feet from its current location and a telephone line used to service this siren during the 1960's and 70's will be removed. This siren site provides coverage to the northwest corner of the City. District 194 will pay for the electrical power for the siren. Siren Location #S — Kenwood Trail Junior High School The siren on the roof on Kenwood Trail Junior High will be replaced with new siren. The new unit will be "sky gray" in color and mounted on existing hardware. The new siren will be monitored electronically for mechanical problems by radio equipment mounted in the siren. Two stainless steel cabinets containing batteries and radio equipment similar to the painted cabinets currently in use will be replaced as well. District 194 will pay for the electrical power for the siren. Siren Location #3 — Oak Hills Elementary School Siren #3 is currently located on the east side of Highview Avenue at the site of a former lift station. Since the lift station was removed, access t the site with repair trucks is no longer possible. The City Emergency Manager and the City's siren repair vendor identified a site on the south side of the Oak Hills Elementary School lot line. The City will place a new Federal Signal 2001-130 DC siren on a class 2 55' wooden pole on 156867v01 RNK:03 /25/2011 156867v01 RNK:03 /25!201 1 District 194 property. Power for the siren will be provided by solar panels: Other than the drilling for the hole, the area will not be disturbed. The area is away from the playground area and is not normally travelled by students or staff. The trees in the area will minimize visual impact of the siren. The siren head is sky gray. Work at the site will not take place until it can be done so without disturbing grass or other vegetation. Weather permitting, the work will be accomplished during June, July or August. While) the purpose of the siren is to warn residents and students of bad weather, the siren also serves as an example of how alternative energy can be used to power devices in our community and save money while being used. A sketch of the site is attached as Exhibit 2. Construction and maintenance. The City shall be obligated at its sole cost and expense to construct and maintain the warning sirens in a good and workmanlike manner and in accordance with all applicable codes and regulations 3. Conditions. The City and District 194 agree that District 194 will use the Property subject to the following conditions: A. The City has inspected the Property and is fully satisfied with its physical condition and agrees to accept the Property in its present "as is condition. District 194 has not made any warranties or representations upon which the City relies with respect to the physical condition of the Property. B. The City accepts the Property subject to such conditions, restrictions, and (imitations, if any, that presently appear of record in regard to the Property. 4. Term. The term of this License Agreement shall be indefinite unless sooner terminated as hereinafter provided. 5. Termination. District 194 may terminate this License at any time upon five year advance written notice to the City. CITY OF LAKEVILLE BY: Mark Bellows, Mayor AND Charlene Friedges, City Clerk INDEPENDENT SCHOOL DISTRICT 194 Exhibit "A"