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<br />Page 1 of2 <br /> <br />Stoick, Cindy <br /> <br />From: Johnson, Bonnie <br />Sent: Monday, January 29, 2007 4:08 PM <br />To: Stoick, Cindy <br />Subject: FW: Lease agreement for paging system transmit site <br /> <br />Cindy- Please attach this to the Rogness contract on the Monday agenda, <br /> <br />Bonnie Johnson <br />County Coordinator <br />joh nson@co.cass,nd.us <br />701-241-5720 (voice) <br />701-297 -6020 (fax) <br /> <br />From: Burdick, Birch <br />Sent: Monday, January 29, 20074:07 PM <br />To: Rogness, Dave <br />Cc: Johnson, Bonnie; Sorum, Robyn; Montplaisir, Michael <br />Subject: Lease agreement for paging system transmit site <br /> <br />Dave: here are my comments: <br /> <br />If Stuart Larson prepared this, it appears he just modified some standard lease agreement form he uses. Unless I <br />am misunderstanding what is going on here, as drafted the lease doesn't quite work for our purposes, My <br />understanding is that we are trying to lease some space for a repeater antenna (per your e-mail and the II entitled <br />"Description of Premises", Apparently the Grandin Fire Dept will also be locating some other equipment there. <br />My concerns with the current wording are as follows: <br /> <br />S Introduction (pg1): It does not define who CHS is, Perhaps you know, and if that is their business name, then <br />that is probably OK. But I don't know who they are from that language, <br /> <br />S "Use of Premises" (pg1): It refers to use of the premises solely for "meeting purposes and that any other use <br />shall be unauthorized", Well, notwithstanding the S "Description of Premises", as far as I know we do not wish to <br />use the premises for that purpose at all and it seems to disallow use of it for our intended purpose. <br /> <br />S "Destruction of Premises" (portion on pg3): The last 3 sentences don't seem appropriate. They state that if the <br />buildling suffers some destruction by multiple causes, and the insurance proceeds are insufficient to cover the <br />cost to rebuild, then the Lessees (CC and Grandin FD) shall pay all additional amounts required to complete the <br />rebuild, We do not want that responsibilityl (The part about all improvements and additions to the premises <br />made by Lessee shall be repaired at Lessee's own expense is probably OK,) <br /> <br />S "Insurance and Indemnity" (pg3): The 1 st II, last sentence, states that Lessee will maintain at its own expense <br />public liability insurance of at least $300K, Not sure that really applies, As a political subdivision we usually are <br />limited to liability of $250K/$500K, But if they wish it, then you should run that part by Mike Montplaisir (who I <br />have copied on this) blc he works with the Dawson Insurance agency on our insurance policies. <br /> <br />S "Insurance and Indemnity" (pg4): The last II, last sentence, states that Lessees (CC and GFD) release Lessor <br />(CHS) from any and all liability for damage or injury to persons of property caused by a variety of things that <br />would seem to have absolutely nothing to do with the purposes for which we are leasing the premises ... but then <br /> <br />1/29/2007 <br />