99-306Council File # qq - 3cG
ORIG{NAL
RESOLUTION
OF SAINT �AUL, MINNESOTA
Green Sheet # __�j?',�QG
33
Presented By
Referred To
Committee: Date
1 WF�REAS, the City has a Lease Agreement with the Saint Paul Yacht Club (SPYC) that
2 allows SPYC to use public property to operate a marina at Harriet Island Regional Park (the
3 Parkj, which benefits the public by offering a range of recreational opportunities relating to
4 boating, which opporttxnities have been continuously provided by SPYC since 1912; and
WHEREAS, the redevelopment of the Park includes the relocation of SPYC facilities
within the Park and requires a new Lease Agreement between the City and SPYC to
accommodate the changes, which new Lease Agreement will supersede the current lease; and
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20
21
22
WHEREAS, the Council authorized City officials to enter into a Lease Agreement on
February 24, 1999, and after that further discussions occurred between the City and SPYC
regarding the terms of the said Agreement; now, therefore, be it
RESOLVED, Uiat the City officials, who are required by law to execute such a new Lease
Agreement, aze hereby authorized to execute only the attached Lease Agreement with SPYC as it
has been amended since Febniary 24th; and, be it
FURTHER RESOLVED, that the City Counc3l requests that the Parks and Recreation
staff report to the Council on June 1 and September 1 of each year of the Inifial Lease Term and
any Extended Lease Terms regarding the SPYC's performance on the following specific
provisions contained in such Lease Agreement: Paragraphs 7.1.4, 71.5, 7.23, 72.20, and
7.2.21.
�
by Department of:
,v � ��Cr � � �� ..J
$Y i i `
Form Ap'r� ed by City
Adoption Certified by Council Secretary
By: / /} /
Approved by v Date 'C 7<�Y �
By: >i
Adopted by Council: Date ��,__��q�
� � �!. /. / / A � l ►� �� f 4 : f � l �' /
GREEN SHEET
Chris Coleman 266-8620
NIAIBBi FOR
RWiillG
TOTAL # OF SIGNA7URE PAGES
Execution of a new lease agreement with the City of Saint Paul and the Saint Pau1 Yacht
Club, as it has been amended since February 24, 1949.
PIANNING COMMISSION
CIB COMMITPEE
CIVIL SERVICE CAMMISSION
I,ease agreemene with the City of Saint Paul and the Saint Paul Yacht Club has been
amended.
Lease agreement will be executed.
s�vawrnces
None.
ur�u,re.rw�ECrae
� CRYATfOMMEY � CRYqiRK
❑qiI�NUM1liOtVILFiWt ❑RNNG�L3�NfKCiG
�IUVORfaRASASrNrt�� ❑
(CUP ALL IOGATIONS FOR SIGNATURE)
RSONALSERYICE fANTRACfS MUST ANSWER THE FOUAWING QUES'RONS:
tiaz Nils Pe�soMrm ever wuked urxlera contract for thie departmenl?
YES NO
Has Mis P��Mrm ever hean a odY MWhYee7 �
YES NO
Daes this D�� 9� a slall not rwrmal�YP�ed bY �Y curteM cfty employeel
YES NO
Is thie per�rtn a tarpetecl vendo/1
YES NO
✓
4�t- 3oG
No s23os
arccawc�.
Lease agreement will not be executed.
'AL AM1IOUNT OF TRANSACTION S
COST/REYQlUE BUQQETED (GRCLE ONE�
YES NO
DIN6 SOURCE
tc�u tt�oatannoH (EC�wM
ACTNITY NUMBER
V�i.���.�.,'�e 5?.m�i�GYa,',i,e"�r°x�,°,f
�iq .
Siumnary of Revisions to February 24 Draft of Lease Agreement:
Term of the Lease,. p. 2
The initial term is 15 yeazs, with one 10 year extension.
The City does not have to agree to an extension of the lease (1) if the SPYC is in breach of the
lease, or has had a significant history of failure to comply with vatious material terms and
conditions of the lease, or (2) if the Mayor and Council pass a resolution indicating an intent to
change the use of the Marina, or adopt a redevelopment plan that changes the use of the Mazina.
If none of the foregoing aze present, the City must agree to the renewal.
C� Representation, �. 3
The draft affirms that there is nothing in the title restrictions which prevents the use of the
property for the purposes of the lease.
Citv Notice Rec�uirement, p 7
The draft requires the City to tell SPYC of conditions discovered in its inspections of the marina
that �couid lead to rion-renewal of the lease, so that SPYC has an oppottunity to correct them.
qg•3oG
LEASE AGREEMENT
This Lease, effective as of , 1999 by and between:
CITY OF SAINT PAiJL, hereinafter called "CITY"
m
SAINT PAUL YACHT CLUB, INC., hereinafter called "SPYC",
hereinafter yointly called "Parties", and also individually called "Party".
WITNESSETH:
VJHEREAS, the CITY is the owner of certain real estate adjoining the Mississippi River
commoniy known as Hamet Island which contains a"Lower Harbor" outlined by a black dashed
line on attached E�ibit A and "Upper Hazbor" outlined by a black dashed line on attached
Exhibit B; and
WIiEREAS, the CITY as Lessor, and the SPYC entered into a certain Lease Agreement
dated June 1, 1992 whereby the SPYC was ganted the right to operate a marina facility on said
Lower and Upper Harbors of Harriet Island ("Marina Premises"); and
WHEREAS, since June i, 1992 certain changes have occurred and aze underway which
wiil enhance Harriet Island as a recreationai facility which precipitates a new Lease Agreement
between the Parties to accommodate the changes to Haniet Island; and
WHEREAS, the Parties believe it is in their mutual best interest to enter the within Lease
Agreement for Marina Premises which wi11 replace and supersede the Lease Agreement dated
June 1, 1992.
STATEMENT OF PURPOSES
PARTIES acknowledge and co�rm:
Both Parties desire to provide safe and affordable boating to the public at Harriet Island
and have worked cooperatively ta accomplish this objeetive at Harriet Island since 1912;
and
Both Parties desire to use Hairiet Island park area as efficientiy as possible, be
environmentally sensitive and ta maintain an aesthetically beautiful public attraction; and
I:\USERSIBYRNE�COLEMAMIease fin Mazch 16, 1999
qq-3CG
The CITY is under title restriction on Harriet Island 1'uniting the use of the land for
certain permitted recreational uses; and
The CITY has been issued certain pernuts for the operation of a marina facility on Marina
Premises of Harriet Island; and
The SPYC has occupied Harriet Island since 1912, duriug which time the SPYC has
continually satisfied the public recreafional use criteria by ptoviding public access for
recreational boating, docking and boat storage for the citizens of 5aint Paul; and
The PARIIE5 believe it is in the best interest of the public for the SPYC to continue to
operate a marina facility on Marina Premises of Harriet Island.
II
TERM
21 T� The initial term of this Lease sha11 be for fifteen (15) years ("Initial Lease Term"),
commencing on the first day of the month immediately following the execution of this
Lease Agreement. By way of example, if Lease Agreement is signed on the l0t'' of
September, the "Coznmencement Date° shall be October 1.
2.2 Renewal Options. The SPYC and the CITY may extend this Lease Agreement for an
additional period of ten (10) years ("Extended Lease Term") which will automatically
rer_ew unless the SPYC and/or CITY notifies the other, in writing, of its intent not to
renew the Lease Agreement at least twelve months prior to the expiration of the then
current term. The CITY shall not be obligated to agree to such renewal if the SPYC is in
breach of any of the terms and conditions of this Lease Agreement or if there has been a
recur!ing pattern or practice by SPYC of failure to comply with the material terms and
materiai conditions of said Lease Agreement whether or not such failures were breaches
thereof or were cured; provided, however, that in the absence of such a breach or pattern
or practice of failures, the CITY shail approve the renewal request unless (a) the Councii
sha11 have passed and the Mayor approved a resolution evidencing the intent of the
Council and mayor to cl�ange tlte use of all or part of the Marina Premises, or (b) the
CTTY has adopted a development plan that changes the function or use of ali or part of
the Marina Premises. All terms and conditions of this Lease Agreement applicable to the
Initial Lease Term sha11 remain in effect far the Extended Lease Term, except to the
ea�tent othercvise agreed by the parties in writing.
23 If SPYC has installed or made improvements to the Marina Premises after the
Commencement Date of this Lease Agreement and if this Lease Agreement is not
renewed pursuant to the provisions of Section 2.2 because of an action or election on the
part of the CITY, the CITY shall assume the obligation to pay the non-delinquent balance
of the cost of such unprovements, including the non-delinquent outstanding principai
I'lUSEAS�SYRIQE.\COLEMAMIease.fin Mamh 16,1949
qq•3o�
balance of any loan incurred for the financing thereo£ "Improvement" as used herein shall
not include any movable fixtures or equipment, but shall inciude docks, stair casing,
fencing and fueling facilities.
2.4 The Lease Agreement between the CITY and SPYC dated June i, 1992, under which
SPYC has leased certain Marina Premises from the CITY, is hereby rescmded, effective
upon the Commencement Date of this Lease Agreement. All claims arising under such
1942 Lease aze hereby extinguished as between the parties herein upon the
Commencement Date of this Lease Agreement.
III
M1IRINA PRENIISE5 DEFINED
3.1 Marina Premises include azeas commonly referred to as the lower and upper harbors of
Harriet Island Regional Park as illustrated in E�ibits A and B.
3.2 The Marina Premises remain public spaces, however, the pubiids access to certain areas
may be prohibited for reasons of public safety and basic security concerns. The SPYC
shall, prohibit generai public access to its docking areas (indicated by blue lines on
Exhibits A and B) and maintenance compound (indicated by red lines on E�ibit B).
3.3 Public access to the area designated for boat storage (indicated by green lines on E�ibit
B) shall also be restricted ox limited for reasons of public safety when boats are being
stared, transported or otherwise present. In areas where boats are not stored and at times
of the ;zear when boats are not being stored, public access will not be impeded and the
azea will be availabie for use for managed pazking for special events as well as general
park use. The CITY retains the right to direct, from time to time, the SPYC as to which
specific areas within the boat starage area shall be open for general public access,
provided that any such direction shall meet the need for safe and secure boat storage.
3.4 The CITY wili wark in good faith to make auailabie an additional one-half (.5) of an acre
of land that is contiguous to the area defined in e�ibit B(upper harbor) for the purpose
expanding the Marina Premises. The CITY will make this additional area available for
SPYC use on or before October 1, 2001, provided, however, that foregoing requirement
does not obligate the City to acquire any properiy or site by pwchase or eminent domain,
nor to vary or infringe any terms or conditions imposed by title restrictions. Such
additional land sha11 be subject to the terms and conditions of this Lease Agreement as
part of the Marina Premises, specificaliy the boat storage area on Erlubit B, which shall
be re-drawn to reflect the inclusion. The CITY affirms that nothing in the title
restrictions for such property prevents its use for the forgoing purposes, and that such
property is the preferred site for the expansion referenced herein.
I:\USERS�SYRNECOLEMAMIease fin Mazoh 16, 1994
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3.5 The SPYC is awaze of the CITY's plans to make future unprovements and modifications
to the upper harbar Marina Premises as part of a lazger redevelopment of Han•i.et
Island/Lilydale Regional Park and acknowledges that such a redevelopment may involve
a reconfiguration of the d'unensions and layout of the on-land Mariva Premises as they are
illustrated in Erlubit B. In the event that an azea is reconfigured, the CITY will make
land that may be a combination of ffie park land that is occupied by the SPYC at the time
when said reconfigtuarion is initiated and adjacent public park land in substantially the
same area available to the SPYC to be used for the purposes of boat storage and its
maintenance compound in aznounts equal to the lands that aze available to the SPYC at
the time any such reconfiguration is initiated (as shown on the e�sting or a future
modification to Eachibit B). The CITY will work with the SPYC in planning and
initiating any reconfiguration. If the Marina Premises are reconfigured at any time,
Eathibit B will be r�drawn to reflect the changes. This clause is independent of 3.4, and
therefore does not in way �cuse or substitute for the CITY's obligations contained
therein. The foregoing requirement does not obligate the City to acquire any property or
site by purchase or eminent domain, nor to vary or iufi•iuge any terms or conditions
imposed by title restrictions. Land which is included within the Marina Premises under
the tertns of this paragraph shali be subject to the terms and conditions of this Lease
Agreement.
3.6 All park lands {including pazking areas) other than those defined as Marina Premises are
not governed in any way, implied or othenvise, by this Lease Agreement and remain
under the sole control and jurisdiction of the CITY.
3.7 Both Parties acknowledge that the CITY's future plans for Harriet IsIand/Lilydale
Regionai Park include a proposed bicycleJpedestrian path along the river's edge; and that
a bridge is contemplated to span the entrance of the Upper Harbar entrance to the upper
hazbar as it connects the Harriet Island path with those upstream towards Lilydale.
Cunently, this path is proposed to pass through azeas indicated on Exhibit B as Marina
Prem?ses. The CITY agrees to work with the SPYC in making provisions so that the
proposed bridge is designed and built to protect the operational functions of the Marina
Premises, specifically so that it wiil not interfere with regular access by boats moving in
and out of the upper harbor.
3.8 The area designated for boat storage includes lands above a storm sewer line that is
maintained by the CITY. If the CITY determines in its discretion that maintenance or
other work is required on such line or sewer facilities, the SPYC shall move all boats and
other equipment spec3fied by the CITY within a reasonabie time period as specified by
the CITY. In such an event, the CITY will assist the SPYC by identifying alternative
azeas for temporary boat starage within e�sting park lands, but shall incur no financial
obligation for moving such boats and equipment. No improvements or immovable
fixtures shall be constructed or placed by SPYC in any location that wouid interfere with
repair, replacement, maintenance or other work of such sewer line or related facilities.
t� I:lUSE1tS1BYRIS�IWLEMA1VVeasefin March Ib, 1999
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SPYC shall be obligated to consult with the CITY before constructing any unprovements
or fiYtures over ar near such sewer line. An itnprovement far the purpose of this
pazagraph and this Lease Agreement shall be a permanent addition to or permanent
betterment of real properry thaf enhances its capital value, and does not include ordinary
repairs or maintenance.
N
PERMITTED USE
4.1 The SPYC shall have the exclusive privilege of operating a marina facility on Marina
Premises; and to generally carry on and engage in normal activities which ate incidental
to the operation of the marina.
4.2 The SPYC may engage in activities inciuding but not limited to slip rental, launching,
hauling and winter storage of boats, sale of fuel and marine supplies and repairs.
4.3 The SPYC may not operate or engage in activities related to a commercial repair garage
nor may it act as a boat dealership or brokerage.
V
RENT
5.1 The SPYC shall pay as "Rent" an amount equal to twelve and one-half percent (12.5%) of
gross revenues received by SPYC from suumier and winter dockage and storage fees, less
the credit, if any, allowed pursuant to paragraph 5.6 of this Lease Agreement. Any unused
portion of such credit, if any, shall not be carried over from calendar year to calendar
year.
51.1 Notwithstanding the foreaoing or any other term or provision of this Lease
Aa eemettt to the contrary except 9.4, SPYC shall pay an annual minimum fee to
the CITY based on the following schedule:
Years 1-10 $24,000
Years 10-15 A sum equal to the five year average of rents (without
reduction for credits under paragraphs 5.1 and 5.6) paid in
years 6-10 of the Initial Lease Term.
Extended Lease Term A sum equai to the five year average of rents (without
reduction for credits under paragraphs 5.1 and 5.6) paid in
years 1Q-1 S of the Initial Lease Term.
The minimum fee will be payable in two installments on June 1 and December 15
of aach yeaz, prorated as and if necessary for less than full calendar years.
I'\USERSIBYRNFICOLEMAIJUease.fin March 16, 7999
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5.2 The SPYC map not increase Yhe discaunt it offers to its slipholders based on SPYC
memberslrip status past the current discounting levels of $200 for dockage rates and $100
for winter storage rates unless it receives written approval from the CITY. T'he term
"discount" includes any reduction in storage or dockage fees however described.
5.3 The CITY has a right to inspect all books and records pertaining to the operarion of the
marina by the SPYC. The CITY sha11 be granted inspection of said books and records by
providing the SPYC with written norice, whereby the SPYC shall have fifteen (15) days
to provide such information to the CITY.
5.4 The SPYC shail retain an e}rternal-auditing firm to perform an annual audit of its
fmancial operations. The audit shall be performed in accordance with generally accepted
accounting principles and shall show ali revenues received and expenses paid far the
SPYC's operations for the previous yeaz. The SPYC shall provide the CITY with a copy
of its annual audit no later than April 15 of the next year following the audit.
5.5 If an audit for the preceding year shall show a variance between the amount actually paid
and that which is due, that amount sha11 be either paid to the CITY by the SPYC no later
than Aprii 15�' of the next year following the audit period if an additional amount is due;
or the SPYC shall be entitied to a credit against Rent to be deducted from the next
payment due the CITY if an overpayment was made. Provided, however, that if the
Lease Agreement expires or is temunated and the audit sha11 determine an overpayment
the final year, the SPYC sha11 be entitled to a refund from the CITY for overpayment of
Rent. In the case of underpayment, the SPYC will pay the CTTY the amount of the
underpayment.
5.6 The parties may propose to each other that the SPYC undertake work or projects for the
betterment of Marina Premises and Harriet Island pazk azea (where the CITY has the
primary responsibility). If the CITY specifically consents in writing to the estimate and
pians for such work or project submitted by SPYC, the SPYC shall be entitled to a credit
against its annual Rent payment under paragraph 51 of this Lease Agreement for such
work perfozmed or such projects undertaken. Credits earned for this purpose shall not be
carried over from one year to the following year unless the SPYC receives written
approval from the CITY for such carryover. No credit shall be allowed by the City for
any work or project if such work ar project was solely or substanfiallp far the benefit of
SPYC or of users of the Marina Premises, ar if the benefit to the public at large is purely
incidental.
VI
CONSENT TO IMPROVEMENTS
61 No improvements or immovable fixtures can be made, instalied, added or constructed by
SPYC on or to the Marina Premises after the Commencement Date without the written
6 I:\USERS\BYRNE\COLEMAMIease.5n Mazch 16, 1999
qq-3o6
consent of the City. The City may require such informarion to be supplied by SPYC as
will enable the City to detemune whether to consent to any proposed 'unprovements or
iuunovable fia�tures.
6.2 The SPYC shall undertake no reconstrucrion, alterations, repairs or replacements of
e�sting unprovements, fixtures, facilifies or equipment on or in the Marina Premises,
which causes or constitutes a permanent change in the CITY properiy underlying the
Marina Premises or adjacent to it, thereto, without the written consent of the City.
6.3 An improvement for the purpose of pazagraphs 6.1 and 6.2 shall be a permanent addition
to or permanent betterment of real properry that enhances its capital value, and does not
include ordinary repairs or maintenance.
6.4 The CITY's response to a request for consent under paragraphs 6.1 and 6.2 shali be given
in a reasonable time. The consent of the CITY to a request under paragraph 6.2 sha11 not
be unreasonably withheld.
VII
COVENANTS AND UNDERTEIKING
71 The Parties covenant, agree and acknowledge that each shall provide the following
equipment and services:
7.11 The CTTY shall provide and maintain a travel lift well and the SPYC shall
provide, operate and maintain the travel lift.
7.1.2 The CITY shall periodically inspect the marina faciliry and inform the SPYC in
writing of any conditions requiring attention as may be required to comply with
the obligations under Lease Agreement, and of any conditions necessary to retain
eligibility for lease renewal under Section 2.2 of this Lease Agreement.
7.1.3 The SFYC shall undertake no major improvements, construction or alterations to
Mazina Premises without the prior review and approval of the CITY.
7.1.4 The SPYC shall be permitted to store boats and other water craft on the area
designated on E�ibit B. Winter storage shall be available to SPYC slip holders
only. The SPYC may, if agreed to and authorized by the written approval by the
CITY, store boats other than those of its slip holders on a space available basis.
The City shall maintain and repair the surface of the said boat storage area so that
it is suitabie for the transport and storage of boats, subject to the obligation of
SPYC to maintain the Marina Premises in a safe condition under paragraph 721
of this Lease Agreement. The foregoing obligation of the City does not create or
I:\USERS�BYRNEICOLEMANVeaze.fin Mazch 16, 1999
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vest in any third party or user of the Marina Premises a right or cause of action
against the City arising out of the condition of the boat storage area.
7.1.5 The SPYC will keep the azea designated for boat storage cleaz of boats and other
equipment in order to make it available for other uses during the period begivuing
June 10 and ending September 10 of each year. Any SPYC boats that are required
to be on land for maintenance purposes or that aze otherwise not in the hazbors
during this specified time will be confined to a portion of the boat storage area as
identified by the SPYC and the CITY.
7.1.6 The CITY shall provide the SPYC with the CITY's accident report forms. These
forms shall be completed by SPYC representatives in instances where accidents
on or near the Marina Premises are reported to or witnessed by SPYC
representatives. The SPYC shall deliver completed reports to the CITY within
five working (5) days following an accident on or neaz the Marina Premises.
7.1.7 The SPYC hereby agrees to defend, indemnify and hold the CITY and any of its
officers, agents and employees hannless from any claims, damages, or causes of
action arising from the use and operations of Marina Premises by SPYC, its
agents, officers, or employees. The SPYC shall provide at its own cost and
expense, liability insurance naming the CITY as an additional insured thereon.
Insurance shall cover injury to persons or property in an amount not less than the
limits of the CITY's liability as set forth in Minn. Stat. §466.01 et seq (currently
$300,000 individual, $750,004 aggregate, with the aggregate limit increasing to
$1,000,000 on January 1, 2000). SPYC shall provide evidence of such coverage
to Che CITY annualiy. Nothing in this provision shail be construed in any manner
as a waiver by the CITY of its statutory limits of liability, immtuuties or
exceptions. SPYC shall be obligated to maintain such coverage in full force and
effect at all times that this Lease Agreement is in effect, and failure to do so shall
be a breach thereof.
7.1.8 All assets present and future paid far and owned by the SPYC, uniess furnished as
an improvement or immovable fixture on the Marina Premises, shali always
remain the property of the SPYC unless othercvise agreed to in writing by the
Parties (i.e. docks, lifts, trailers, temporary buildings, biocking, stands, spuds,
abcve ground gas tanks and piping, and tools and equipment). Present and future
items provided by the SPYC as such improvements or immovable fixtures (i.e.
pilings, dolphins, utility fixtures, and below ground tanks and lines) sha11 remain
as such on the Marina Premises.
71.9 The SPYC shall act as the primary rental agent for transient boaters at Harriet
Island Regional Park. All transient fees collected by the SPYC will be retained by
the SPYC.
I:\USERSIBPRN6ICOLEMAN�ease.fin March 16, 1999
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7_110 The CITY will man� the Pubiic Dock in accordance with the provisions found
in Eathibit C.
7.1.11 Tlus Lease Agreement does not exempt the SPYC or its members from park rules
and regulations, except as may be provided elsewhere in this Agreement
7.112 The SPYC may neither operate nor commission the operation of vending
mz: hines that aze located on premises visible to andfor accessible by the general
public without the consent and written authorizarion of the CITY.
7.1.13 That in cases of emergency or disaster such as flood or other natural act, SPYC
will vacate Marina Premises if required and otherwise cooperate with directives
from the City's Superintendent of Parks and Recrearion, Fire Chief, Police Chief
ar other City official delegated such power due to the emergency. Related costs
shall be borne by SPYC unless otherwise negotiated. Further, SPYC will make
no claim against the City for lost revenues or added expenses due to this
temporary relocation.
7.2 The SPYC specifically covenants and agrees;
?.2.1 To maintain Marina Premises in a safe, ciean and orderly condition.
7.2.2 To inspect all docks on a regulaz basis to insure that they are in a safe condition.
The SPYC shail repair any conditions that cause the docks to be unsafe as soon as
possible.
7.23 To keep the Marina Premises free of litter and accusnulated trash. Cieanup of the
site shall be accomplished on a twice-weekly basis.
7.2.4 To store all equipment and other materials present on the Marina premises in an
orderly manner so that the appearance of the facility is clean and organized.
7.2.5 To cut the grass and maintain the immediate banks of Mississippi River to the
waterline adjacent to Marina Premises, marina parking areas and boat storage
areas as defined in E�ibit A and B. Tree maintenance and removal will remain
the responsibility of the CITY.
7.2.6 To provide an adequate number of trash receptacles in harbors of Marina Premises
to accommodate debris generated by boat owners and their visitors to the marina
and be responsible for the removal of that trash.
9 I.\USERS�SYRNh�COLEMAMIeue.fin Mazch 16, 1999
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7.2.7 To maintain in safe and good condition the steps and access to docks in both boat
harbors.
7.2.8 To provide adequate ligi�ting for docks in both hazbors.
7.2.9 To install public telephones accessible to boaters and vfsitors to the marina in
each harbor.
7.210 To furnish temporary dockage for transient boaters visiting Saint Paui and
seasonal dockage for approved applicants and SPYC members.
7�.11 To furnish a minimum of 15� and a ma�mum of 175 boat slips as determined by
the SPYC . The mvcimum number of slips may not exceed the permit as issued
to the CITY by the Minnesota Department of Natural Resources.
7.2.12 To not enter into any business of constructing motor boats or other craft in the
harbors azound Harriet Island or adjacent land. Marina leaseholders with
approved dockage may engage in minor boat repair to their watercraft in the
marina, however any major boat repair work must be approved by the SPYC.
?.2.13 To engage in dock construction, painting, sandblasting in order to paint, welding,
carpenhy and other maintenance activities incidental to operating a marina. The
SPYC and the CITY sha11 jointly determine an area where this work may occur.
In addition, the SPYC sha11 provide a weather proof building to facilitate this
work to be located as agreed to bettveen the CITY and the SPYC.
7.2.14 To cooperate with and provide such facilities that ue necessary and appropriate
for CITY's Fire Department Harbor Patrol, U.S. Coast Guazd, Coast Guard
AuYiliary and Ramsey County Sheriff Water Patrol.
7.2.15 To maintain and use a mazina fuel storage and dispensing system. Said system
shali be under the direction and control of the SPYC and the SPYC shall be
responsible for the periodic, legaliy approved, testing of the tank. The SPYC
shall be responsible for the day to day maintenance of the tank to keep it in good
operating condition. The SPYC shall provide gasoline for sale to the boaters
during regular hours during the boating season and by prior appointment. The
SPYC shall be responsible far any spill or damage to land adjacent to the tanks
andlor any subsoil cleanup ordered by appropriate authorities.
7.216 That the SPYC shall provide the CITY with a copy of a11 agreements or contracts
between the SPYC and any parry who will assist the SPYC in canying out the
stipulations of this Agreement.
I Q IIUSERS�BYRNEICOLBMAN\Iease.fin Mazoh 16,1999
°l9 -9c�
7.217 To not rent space to any individual or entity whose primary purpose is to conduct
business at that location, or allow any of its membership to temporarily or
permanently conduct retail or couunercial transactions within the marina hazbors.
This does not preclude slip holders $om entertaining guests, nor does it prohibit
slip holders from conducting personal business or work related to their
employment while on theu boat.
7.2.18 To designate safe parking areas for automobiles in the westernmost Upper Harbor
parking lot while the SPYC is moving boats.
7.2.14 To provide a pump out facility for all boaters use during regulaz hours of the
normal boating season.
7.2.20 To remove a11 marina boaters' and visitors' discarded materials, parts and various
debris to maintain the boat storage, work and pazking area in a clean and good
condition in both hazbors ali on a twice-weekly basis.
7.2.21 To conform to City, State and Federal safety, health, accessibiliry and
environmental laws and to cooperate with the appropriate agencies to achieve
such objectives.
7.2.22 To compiy with State and Federal fair employment practice laws prohibiting
discrimination on the basis of an applicant's age, sex, race or physical status. This
also applies to persons seeking membership in the SPYC.
7.2.23 To use the SPYC policy (exhibit D) which has been approved by the CITY, that
sets up critexia fox slip assignments at the Marina. Furthex, it is understood that
residents of the City of Saint Paul on the waiting list by January 15�' of each year
sha11 be offered slips at the Marina each yeaz before siips are offered to non-Saint
Paal residents on the waiting list: Pending the Saint Pau1 applicant meeting other
slip assignment requirements.
7.2.24 The SPYC will annually fiunish the CITY with a roster of its Board Members and
Lease Holders prior to June 1 of each year of this Agreement.
7.2.25 To fiunish the CTTY with its proposed rates, including any related discounting,
for dockage, starage and other services on or before March 1 S` of each calendar
year. The CITY sha11 have the right to approve or disapprove of these rates and
discounis. The CITY shall not act arbitrarily or unreasonably witl�hold its
approval of the SPYC proposed rate or discounting structute. If the CITY fails to
respond to the SPYC to either approve or disapprove of said rates and discounting
within 30 days of its receipt of the proposed rate schedule, the proposed rates and
discounts shali be deemed approved by the CITY.
1 1 I:IUSERSIBYANE\COLEMAt3Uease.fin Maroh ]6,1999
al`t - 3 4 F
7.2.26 T`he SPYC agrees that its ability to perform and fulfill all of its obligations under
this Agreement shall not be hindered or delayed by the advent of the year 2000
and that it has made all reasonable, diligent and affirmative efforts to insure the
same. SPYC specifically agrees that, in addition to all other indemnifications
obligations undertaken pursuant to this Agreement, it wi11 also indemnify the
City, its officers, empioyees or agents, from all suits, actions or claims whether
brought by the City or by third parties, in any way related to the advent of the yeaz
2000 causing failure to carry out the terms of this Agreement.
7.2.27 That it sha11 not, in violation of any appiicable federal, state or locallaws or
regulations, pollute any air, soil or ground waters, or dischazge or release any
Hazardous Wastes, in, into, on, over or adjacent to the Marina Premises or the
Mississippi River, and that it shall take reasonable steps to prevent all members,
guests, transient boaters and other users of the Marina Premises from doing so. Any
such discharge or pollution, or failure to take reasonable steps to prevent such
discharge or pollution, which is in violation of any such applicable laws or
regulations, shall be a breach of this Lease Agreement. The SPYC shall also comply
with all applicable federal, state and local laws and regulations, including City
ordinances, relating to the control, handling, discharge ar release of said Hazardous
Wastes, and failure so to do shall be a breach of this Lease Agreement. In addition,
SPYC sha11 be obligated to use the Minnesota Pollution Control Agency Fact Sheet
#4.24 "Managing Marina Waste", published Apri18, 1996, as a general guideline for
its operations and shall work with its membership and siipholders to achieve
compliance with the guidelines 3n said Fact Sheet. The SPYC will incorporate
future updates of the Fact Sheet, when published by the MPCA, as guidelines for its
operation, when said future updates are available and known.
7.2.28 Hazardous Wastes, for the purpose of paragraph 7.2.27 above, shall be and include
all dangerous, toxic or hazardous contaminants, pollutants, chemical wastes or
substances as defuied in applicable federal, state or local laws or regulations, as those
may be amended from time to time.
73 The CITY specifically covenants and agrees:
73.1 To provide material and supplies in such amounts and quantities as the CITY shall
determine adequate for trees, shrubs, benches, signage, gortable toilets, asphalt,
gravel, grass, snow removal, police security, security fences, lighting and fire and
emergency services.
7.3.2 To provide electrical, telephone, water, sewer (to be available sometime in 1944) and
natural gas service on the leased premises with available access for installation and
hook up of marina facilities The SPYC is responsible for payment of all related bills
based on its usage and consumprion of said utilities for the duration of this
I Z I:IUSERS�BIRNE\COLEMANUease fin March 16, 1999
q9-3oG
Agreement.
733 To maintain pazking within Harriet Island Regional Pazk that serves the marina
premises as well as other areas and attractions within the park. The CITY will
maintain access thereto for boat owners at aii rimes, including during speciai events,
and properly inform the SPYC of any event that could hamper in any way access to
the leased premises. The CITY will develop and aclminister a parking plan for
Harriet Island Regional Pazk that (a) reserves 25 pazking spaces for use by live-
aboard slip holders, and (b) accommodates the need for SPYC members and
authorized guests, as recognized by the CITY, to park vehicles overnight in the Pazk,
providing as well for the necessary related ingress to and egress from the Marina
Premises.
7.3.4 To allow up to 175 slips for dockage, inciuding 25 slips for year round live aboard
usage.
73.5 To maintain the appropriate pernuts for the location and operafion of a marina at the
leased premises that may be required by law and to transfer all appropriate rights to
said permits to the SPYC for the duration of this lease. The CITY shall provide
copies of all such permits to the SPYC.
?.3.6 To give the SPYC prior notification of and provide for consultation with the SPYC
concerning and CITY projects which may affect the normal operations of the SPYC,
increase the SPYC's expenses, or cause a loss of revenue to the SPYC.
VIII
ADMINISTRATION
8.1 For the purpose of the administration of this Lease Agreement, the CITY's representative
sha11 be the Superintendent of Parks and Recreation and the SPYC's representative shall be
its Commodore. No other person except the Commodore of the SPYC may bind the SPYC
to any issue or undertaking by the SPYC under this Lease Agreement.
IX
DEFAULT(REMEDY
91 This Lease Agreement may be ternunated at any time by mutual assent of the Parties.
9.2 In the event that either pariy fails to perform any of the terms or conditions of this L,ease
Agreement, or violates any term or condition thereof, such failure ar violation shall be a
breach of the said Agreement. In the event of such a breach, the other pariy may give written
notice of the breach to the parry in breach. If the breach has not been cured or remedied
within thirty (30) days following the giving of such written notice, the other party may
j 3 I:\USERS�BYRNEICOLEMANVeaze.fin March 16, 1999
�t�t -� a�
terminate this Lease Agreement in its entirety.
93 In the event any provision contained in this Agreement should be breached by either parry
and said breach thereafter waived by the other parry, such waiver shall be limited to the
particular breach so waived and shall not be deemed to waive any other breach hereunder.
4.4 That neither Party will make any claim and waives any right against the other Pariy on
account of any loss or damage caused by acts of God, such as fire, water, windstorm, floods,
freezing, waz, civil unrest and other acts of God affecting the leasehold properry in
connection with its operation. The minnnum rent specified in pazagraph 51.1 of this
agreement shall be abated in any period during which the SPYC's operations are halted on
account of such acts of God as described within this paragraph.
9.5 No remedy herein conferred upon or reserved to either party under this Agreement is
intended to be exclusive of any other available remedy or remedies, but each and every such
remedy shall be cumulative and shall be in addition to every other remedy given under this
Agreement or now or hereafter existing at law or in equity or by statute. No delay or
omission to exercise any right or power accnung upon any default shall impair any right or
power or shall be construed to be a waiver thereof, but any such right and power may be
exercised from time to time and as often as may be deemed expedient.
9.6 No provision in this Agreement shall preciude the CITY from exercising its lawful power
of eminent domain over the leasehold estate established herein, or any part thereof, provided
that any exercise of said power sha11 be in accordance with a11 statutory and constitutional
requirements pertaining thereto.
9.7 This Lease Agreement sha11 be construed under flie laws of the State of Minnesota; and if
any pruvision or portion thereof, or the application thereof to any person or circumstances
sha11, to any ea�tent, be invalid or unenforceable, the remaiuder of this Lease Agreement shall
not be affected thereby, and each provision of this Lease Agreement shall be valid and
enforceable to the fullest extent provided by law.
X
NOTICES
10.1 Any notice, statements, bills or communications provided for herein shall be deemed
sufficiently given or rendered if in writing and either delivered to the other Party personaliy
or sent by certified mail address to the other return-receipt postage prepaid as follows:
AS TO CITY - Superintendent of Parks and Recreation
City of Saint Paul
300 City Ha11 Annex
25 W. 4�` Street
Saint Paui, MN 55102
1 [� L\USERS�BYRNE\COLEMAMtease.fin Mazch 16,1999
° l9 - 3a�
AS TO SPYC - Commodore, St. Paul Yacht Club
Harriet Island
100 Yacht Club Road #B 1
Saint Paul, MN 55107-2030
or such other address as the respective Parties shall designate in writing. The time of giving
such notice or communication sha11 be deemed to be the time when the same is actually
delivered to the other Party.
YI
MISCELLANEOUS
1 L 1 Captions and Heading, The captions and headings used herein are intended only for the
convenience of the reference and are not to be used in construing this Lease.
11.2. Entire Agreement. This Lease Agreement constitutes the fixll and complete agreement
between the Parties hereto and there are no other terms, obligations, covenants,
representations, warranties or conditions other than contained herein.
IN WITNESS HEREOF, the Parties have caused tlus Lease Agreement to be executed and
delivered in dupiicate as of the date appearing on page one hereof.
APPROVED AS TO FORM: CITY OF SAINT PAUL:
City Attorney
Mayor, City of Saint Paul
Superintendent of Parks and Recreation
Financial Services Director
SAINT PAUL YACHT CLUB:
Commodore
15 I:IUSERS�BYRNE\COLEMANUease fin Mzrch 16, t999
g9•3c�
Eahibit C
(Criteria governing the management and use of the Public Dock)
11 Transient Boats The Public Dock will not function as competition for the SPYC ttansient boat
business. Overnighting boats will be located in the marina harbors whenever
possible. Overnighting boaters that aze registered overnight guests at the
floating bed & breakfast will be permitted to overnight their boats on the
Public Dock
In the event that a transient boat must overnight on the dock (late arrivals, fuil
harbors}, it will be permitted on the outside edge of the dock only.
21 Use of the
Inside of Dock
The SPYC will retain all transient fees that it collects.
Boats that may tie-up to the inside of the dock will be limited to those of
a ma�cimum width of 10 feet (see attached illustration). Larger boats may tie
up to the outside of the dock only.
Overnighting in most cases will be limited to the outside of the dock. This
is to avoid navigational conflicts with the neighboring SPYC dock.
31 Locating r acilities The CITY wili not locate a restaurant or other public facility along the inside
edge of the dock other than in the area begim�iug from where the dock meets
the shore to the point where the inside edge of the dock first drops to a lower
tier (see attached illustrafion).
4 Si na e
The City will limit the width of facilities to be located within this defined
azea to a maximum of 34 feet. This is to minimize potential navigational
conflicts with boats located along the neighboring SPYC dock.
The potential location of any facility along the outside edge of the dock is not
affected by these criteria.
The CITY will post signage reflecting the previous information as well as
dock hours (not to exceed park hours), reporting procedures for transients,
etc.
The CITY will work with the SPYC in developing and locating signage.
16 I�USERS�BYRNE\COLEMAMIease.fin March ib, 1999
ag-���
Interdepartmental Memorandum
- � _.�_. .,��
CITY OF SAINT PAUL
DATE: March 16, 1999
TO: Chris Coleman
Clayton Robinson
Tom Fabel
Vic Wittgenstein
PROM: Phil Byrne��7
�� %
RE: SPYC I,ease
�� ; 1 7 ���3
CC?rJr�G`; ;.�c�t3�R
C.h'R:'S CC�LE��4!V
Attached are copies of the I.ease with the changes after February 24, a short sununary of
those changes, and a council resolution for use in authorizing execution of the I,ease.
.. .. .,,
interdepartmenta{ Memarandum
CITY OF SAINT PAUL
September 1, 1999
T0: Council President Dan Bostrom
Council Member Jay Benanav
Council Member 7erry Blakey
Council Member Chris Coleman
Council Member Mike Harris
Council Member Kathy Lantry
Council Member Jim Reiter
FROM: Vic Wittgenstein, Director o� � v
Division of Parks and Recreation
C ,�. �,q-3c��
��1
�v-, �"/ �U
RE: Report regarding the Saint Paul Yacht Club's (SPYC) performance
on provisions 7.1.4, 7.1.5, 7.2.3, 7.2.20, and 7.2.21 of Lease
Agreement with the City of Saint Paul, Division of Parks and
Recreation (Item 21 of 9/1/99 City Conncil Agenda)
This report is being provided in response to the request from the Council of April 7,
1999, concerning regular staff updates related to certain provisions of the agreement
between the City and the SPYC.
Harriet Island is currently in the midst of a major renovation project. This renovation
included the relocation of the SPYC's on-land operations from near the lower harbor to
the upper harbor. The SPYC has been extremely cooperative and accommodating in
working with the City and our coniractors throughout the construction project this
summer. Although the appearance of Harriet Island reflects the construction work that
is proceeding, the SPYC has made changes to its operation required by its new
agreement with the Ciry. I believe the board and staff of the SPYC are committed to
abiding by the provisions in the agreement and being positive contributors to Harriet
Island.
�
c F `tq - �
The following summarizes specific SPYC performance related to the referenced provisions.
7.1.4 The SPYC shall be vermitted to store boats and other water craft on the
area de si¢nated on E�ibit B. Winter stora shall be available to SPYC
slip holders only. The SPYC mav. if aereed to and authorized by the
written a�proval b�the Cit�store boats other than those of its slip
holders on a space available basis. The Cit,�shall maintain and repair
the surface of the saad boat storage area so that it is suitable for the
transport and stora�e of boats subject to the obli�ation of SPYC to
maintain the Marina Premises in a safe condition under paraeraph 7.2.1
of this Lease Ag_reement. The foreg,oine oblieation of the City does not
create or vestin any third party or user of the Marian Premises a right or
cause of action a�ainst the Citv arisin�out of the condition of the boat
stora ee area•
Winter storage for the 99/00 season will begin shortly. This will be the
fzrst season in which boats will not be stored on land at the lower
harbor.
7.1.5 The SPYC will kee� the area desi¢nated for boat storage clear of boats
and other equipment in order to make it available for other uses durine
the period beginnin¢ June 10 and ending September 10 of each vear.
Anv SPYC boats that are required to be on land for maintenance
pumoses or that are otherwise not in the area as identified by the SPYC
and the Citv.
At the end of August the land areas were largely clear of any boats.
Boaters trailers that have been previously stored at Harriet Island have
been moved off site. Off-site storage is aiso being utilized for much of
the SPYC seasonal equipment (i.e. blocking, floats, materials).
Throughout the entire summer the south and east portions of the lot were
completely clear of boats and equipment, making parking available far
boaters and Lilydale park users.
16 boats are currently on Zand:
- 3 derelict boats (one that is scheduled to be moved off-site today;
another that has had a recent change in ownership and wilt be removed
next week)
- 7 trailered land and launch boats (land and launch to be fazed out next
season per the agreement)
- 2 boats that were removed thzs week for the season
- 4 boats temporarily on Zand for needed repairs
. y
�t�-�o�a
7.2.3 To kee�the Marina Premises free of litter and accumulated trash.
Cleanup of the site shall be accomplished on a twice-weeklv basis.
The SPYC docks and grounds are free of litter and trash. Dumpster
service is being maintained.
7.2.20 To remove all marina boaters' and visitors' discarded materials, parts
and various debris to maintain the boatstora�e. work and parkins area in
a clean and good condition in both harbors all on a twice-weekly basis.
There are no parts or other materials abandoned in the SPXC designated
storage area. The SPYC staff inspect the grounds for trash and
discarded materia[s on a daily basis during the summer season.
7.2.21 To conform to City. State and Federai safetv. health, accessibilitv and
environmental laws and to cooperate with the appropriate agencies to
achieve such objectives.
There have been no reported violations of law, furthermore, a visual
inspection revealed no suspect activities. The SPYC is curren£ly working
with various regulatory agencies related ta moving its gas dock from the
lower to the upper harbor.
Since the new agreement between the City and SPYC has been in effect, the SPYC has
been very cooperative in its compliance efforts and in responding to requests from the
City. The SPYC is continuing to take action to ensure this compliance by modifying
club rules and member agreements that will be in place for the 2000 season to reflect
the provisions of the new agreement.
Division staff will continue to work with the SPYC related to the coordination of the
Harriet Island construction during the fall and the Winter.
If you have any questions about this report, please contact me at 266-6409 or
Mike Hahm at 266-6444.
VW
cc: Susan Kimberly
Mike Hahm
Truman Howell, Commodore SPYC
G:�SPIWPICOUNCIGCauncil_SPYC repon2.wpd
ORl i AL
Presencea By �
RESOLUTION
OF SAINT �AUL, D�IINNESOTA
Council File # 99 - 30�
C:reen Sheet # �G
3�t
Refeaed To
Committee: Date
1 VJHEREAS, the City has a Lease Agreement with the Saint Paul Yacht Club (SPYC) that
2 allows SPYC to use public properiy to operate a mazina at Harriet Island Regional Park (the
3 Park), which benefits the public by offering a rauge of recreational opporlunities relating to
4 boating, wluch opportunities have been continuously provided by SPYC since 1912; and
5
6 WHEREAS, the redevelopment of the Pazk includes the reloca6on of SPYC facilities
7 within the Park and requires a new Lease Agreement between the City and SPYC to
8 accommodate the changes, which new Lease Agreement will supersede the current lease; and
4
10
ii
12
13
14
15
16
17
18
19
20
21
22
WHEREAS, the Council authorized City officials to enter into a Lease Agreement on
February 24, 1999, and after that further discussions occurred between the City and SPYC
regazding the terms of the said Agreement; now, therefore, be it
RESOLVED, that the City o�cials, who are required by law to execute such a new Lease
Agreement, aze hereby authorized to execute only the attached Lease Agreement with SPYC as it
has been amended since February 24th• and, be i�- -- —_.�_
f FURTI�lt I2ESOLVED, that the City Council requests that the Parks and Recrea'b �^
staff report to the Council on June 1 and September 1 of each yeaz of the Initial Lease Term an
any Extended Lease Terms regarding the SPYC's performance on the following specific
provisions contained in such Lease Agreement: Paragraphs 7.1.4, 7.1.5, 7.2.3, 7.2.20, and
7.2.21.
���� d by Depastme of: �--
' 71-/ .5 �'V � �l ���' r � / /t .✓
By: (�.
Form Appr�ved by City ja rney
Adopted by Council: Date
�� \�� By:
Adoption Certified by Covncil Secretazy
- 1 +► � _ �
�. - ._ -r'�•:
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a q,3a� �� f�
Interdepartmental Memorandum
CITY OF SAINT PAUL
7une 20, 2000
TO: Council President Dan Bostrom
Council Member Jay Benanav
Council Member Jerry Blakey
Council Member Chris Coleman
Council Member Pat Harris
Council Member Kathy Lanuy�
Council Member Jim Reiter
FROM: Vic Wittgenstein, Director
Division of Parks and Reci
RE: Report regarding the Saint Paul Yaeht Club's (SPYC) performance
on provisions 7.1.4, 7.1.5, 7.2.3, 7.2.24, and 7.2.21 of Lease
Agreement with the City of Saint Paul, Division of Parks and
Recreation (Item 34 of 6121(00 City Council Agenda)
This report is being provided in response to the request from the Council of Aprii 7,
1999, concerning regular staff updates related to certain provisions of the agreement
between the City and the SPYC.
Construction at Harriet Island continues as part of the extensive renovation of the park.
The board and staff of the SPYC continue to provide much cooperation and assistance
during this project. Since Che most recent report to the Council on September 1, 1999,
the SPYC:
• Moved its gas dock, inciuding coordination of all permits, from the lower
harbor to the upper harbor. This location now provides a staging area for the
Padelford boats to fuel, eliminating the need for fuel trucks to drive over and
around the new promenade areas.
• Made extensive improvements to the appearance of its workiofFice area.
Repaired and painted the garage and office.
• Financed the installation of a handicap access ta the upper harbor dock,
including a pathway from handicap parking area/drop-off point.
• Initiated improvements to the safety and security of the parking area that they
utilize, working with the Division on fencing and lighting projects.
4'
��" 3 ��'
The following summarizes specific SPYC performance related to the referenced provisions.
7.1.4 The SPYC shall be permitted to store boats and other water craft on the
area desi¢nated on E�ibit B Winter storage shall be available to SPYC
s� holders onlv. The SPYC may if aereed to and authorized by the
wrrtten aonrovai bv the Ciry store boats other than those of its sliv
holders on a snace available basis The City shall maintain and r�air
the surface of the said hoat stora�e area so that it is suitable for the
trans�ort and storaee of boats subject to the obli�ation of SPYC to
maintain the Marina Premises in a safe condition under Daraera hp 7 2 1
of this Lease Atreement. The foregoins oblieation of the Citv does not
create or vest in anv third tiarty or user of the Marian Premises a ri ng t or
cause of action aeainst the Cit arisin� out of the condition of the boat
storage area.
4Yinter stort�ge for the 99/00 season was administered without incident.
The SPYC experienced some problems witla securiry issues during the
storc�ge season and htts approached the Division about the concept of
"buying" additional security that would be dedicated to Hart Island to
aug�nent the timited coverage levels currenily provided.
7.1.5 The SPYC will keeb the area desienated for boat stora�e clear of boats
and other eauipment in order to make it available for other uses durin�
the oeriod beeinnin� 7une IO and endint September 10 of each year
Anv SPYC boats that are required to be on land for maintenance
uumoses or that are otherwise not in the area as identified b the SPYC
and the Citv.
As of June 10 the Zand areas were largely clear of any boats and those
remazning on land were there for specific reason. The SPYC is tivoPking
with its membership to completely movelphase-out the boaters traiters
that have been previous[y stored at Harriet Island to sites off-site. Off=
site and screened storage is also being utilized for much of the SPYC
seasonal equipment (i.e. blacking, floats, materiads). This parkirzg area
is used to store some boat trailers and equipment for the other Harriet
Island vendoss (Padelford, No Wake Cafe, Minnesota Boat Club) which
had previousty been stared in ather park areas.
The majority of the lot is now completely clear of boats and equipment,
making parking available for boaters park users and Lilydale trc�il
users.
4'
���3�h
18 boats are currentZy on land:
- Z derelict boat (anticipated to be moved off-site within the month -
SPYC are negotiating a partial settlement of the delinquent account in
r for release of the boat and removat from the grounds)
- 4 traiZered land and launch boats (land and [nunch is being fazed out
on a case by case basis per the agreement)
- 2 Coast Guard boats
- 3 boats with liens or other issues related to the boat owners. Ail of
these boats will be removed as soon as the vartous Zegal processes
(Sheriff's notifzcation, title posting) will allow.
- 8 boats temporarily on land for needed repairs. 6 boats were lttunched
and removed due to mechanical problems, 2 baats have yet to be
Zaunched.
7.23 To keep the Marina Premises free of litter and accumulated trash
Cleanup of the site shall be accomplished on a twice-weeki, basis
The 5FYC docks and grounds are free of litter and trash. Dumpster
service is being maintained.
7.2.20 To remove all marina boaters' and visitors' discarded materials parts
and various debris to maintain the boat storage work and parkin2 area in
a clean and good condition in both harbors ali on a twice-weekl�basis
There are no parts or other materials abarxdoned in the SPYC designated
storage area. The SPYC staff inspect the grounds for trash and
discarded materials on a daily basis during the sunzmer season.
7.2.21 To conform to Citv State and Federal safetv health accessibility and
environmental laws and to cooperate with the approoriate agencies to
achieve such objectives.
There have been no reported violations of law, furthermore, a visual
inspection revealed no suspect activities. The SPYC fully complied wtth
all jurisdictional and regulatory agencies related to moving its gas dock
from the lower to the upper harbor.
If you have any questions about this report, please contact me at 266-6409 or
Mike Hahm at 266-6444.
u��
cc: Susan Kimberly
Mike Aahm
Peter Kramer, Commodore SPYC
G9SPIWP\COUNCIL1Counni SPYC report3.wpd
�-3b�
interdepartmental. Memorandum
CITY OF SAI�IT PAUL
September 18, 2000
TO
FROM:
Councii President Dan Bostrom
Council Member Jay Benanav
Council Member Jerry Blakey
Council Member Chris C leman
Council Member Pat Harn
Council Member Kathy Lan y
Council Member Jim Reiter , /
� /
Vic Wittgenstein, Director ' {
Division of Parks and Recreati
�ig)o.
�•'. �
��
'�`�`'� k-
�,,�,�, q ��
L•F'
�: Report regarding the Saint Paul Yacht Club's (SPYC) performance
on provisions 7.1.4, 7.1.5, 7.2.3, 7.2.20, and 7.2.21 of Lease
Agreement with the City of Saint Paul, Division of Parks and
Recreation (Item 33 of 9/20/00 City Council Agenda)
This report is being provided in response to the request from the Council of Apri17,
1999, concerning regular staff updates related to certain provisions of the agreement
between the Ciry and the SPYC.
Much of the construction at Harriet Island has concluded and the resulting renovation of
the park is impressive. The grand opening celebration on September 9, was well
attended and simply calling it a success would be an understatement.
In addition to completing some finishing details throughout the park, work continues on
the levee opening project. The stage construction has yet to begin. The board and staff
of the SPYC have provided cooperation and assistance throughout the entire Harriet
Island project. Since the most recent report to the Council on June 21, 2000, the
SPYC:
Participated in the grand opening celebration; lighted boat parade, informational
booth, transient dockage.
Continued beatification efforts related to its work/office area. Installed wooden
fencing to screen storage area from remainder of park. Made modifications to
the office and garage areas, improving appearances and function.
Scheduled gas dock availability to allow for fueling of the Padelford fieet
vessels, removing this activity from the river promenade.
��'
• Facilitated improvements to the safery and securiry of the parking area that they
utilize. Instailed black vinyl coated fencing, replacin� wooden "snow fence".
The following suminarizes specific SPYC performance related to the referenced provisions.
7.1.4
sliD holders onlv. The SPYC mav if aereed to and authorized by the
written anproval bv the Citv store boats other than those of its slip
hoiders on a space available basis The Ci� shall maintain and repair
the surface of the said boat storaee area so that it is suitable for the
transport and storage of boats su�ect to the obli¢ation of SPYC to
maintain the Marina Premises in a safe condition under paraera h� 7 2 1
of this Lease Aereement The fore�oing ohli�ation of the Citv does not
create or vest in anv third partv or user of the Marian Premises a ri hp t or
cause of action aeainst the Cit arisin� out of the condition of the boat
storaae area.
Winter storage for the 00/01 season has begun, and as the weather turns
toward seasonable conditions, related activity will increase. The SPYC
has formed a committee £o address continuing problems with security of
personal property during the storage season. The SPYC has approached
the Division about the concept of "buying" additional security that would
be dedicated to Harriet Island to augment the limited coverage levels
currently provided.
7.1.5 The SPYC will keep the area desienated for boat storaee clear of boats
and other eouipment in order to make it available for other uses during
the period be i�ne June 10 and endine Seotember 10 of each vear
Anv SPYC boats that are required to be on land for maintenance
ourooses or that are otherwise not in the area as identified by the SPYC
and the Citv.
During the boating season, the Zand areas were Zargely cZear of any
boats. Boar trailers were confzned to a designated area and the SPYC is
working with its membership to completely move/phase-out the boa!ers
trailers that have been previously stored at Harriet Island to sites off-
site. Off-site and screened storage was utilized for much of the SPYC
seasonal equipment (i.e. blocking, floats, materials). This parking area
is also available for use by the other Harriet Island vendors (Padelford,
No Wake Cafe, Minnesota Boat Club) for storage of boat trailers and
equiprnent which had previously been stored in other park areas.
vl ����
l
772e majority of the Zot was available for use during the Harriet Island
grand opening celebration for event parking. Otherwise, the lot was
available for boaters, park users and LiZydale trail users.
Only 3 boats are currently on Zand for unapproved reasons:
- 1 derelict boat (considered to be abandoned during the season) SPYC
is actively participating in the process necessary to dispose of the boat.
- 2 boats that have been "impounded" by the SPYC for norz payment of
fees.
The SPYC staff have been diligent in their work to resolve these and
similar issues and remove boats in a timely manner. This has proven to
greatly improve the appearance of the storage area/parking lot from
previous circumstances.
7.2.3 To keeD the Marina Premises free of litter and accumulated trash
CleanuD of the site shall be accompiished on a twice-weekly basis
The SPYC docks and grounds are free of litter and trash. Dumpster
service is being maintained.
7.2.20 To remove all marina boaters' and visitors' discarded materiais arts
and various debris to maintain the boat storate work and arkin area in
a clean and eood condition in both harbors all on a twice weekl basis
There are no parts or other materials abandoned in the SPYC designated
storage area. The SPYC staff inspect the grounds for trash and
discarded materials on a daily basis during the summer season.
7.2.21 To conform to Citv State and Federal safetv health accessibilit �} and
environmental laws and to cooperate with the a�Qro riate a�encies to
achieve such objectives
There have been no reported violations of law, furthermore, a visual
inspection revealed no suspect activities.
If you have any questions about this report, please contact me at 266-6409 or
Mike Hahm at 266-6444.
VW
cc: Susan Kimberly
Mike Hahm
Peter Kramer, Commodore SPYC
G:�SMWP�CWNCiL\Couxii_SPYC report4.wpd
Council File # qq - 3cG
ORIG{NAL
RESOLUTION
OF SAINT �AUL, MINNESOTA
Green Sheet # __�j?',�QG
33
Presented By
Referred To
Committee: Date
1 WF�REAS, the City has a Lease Agreement with the Saint Paul Yacht Club (SPYC) that
2 allows SPYC to use public property to operate a marina at Harriet Island Regional Park (the
3 Parkj, which benefits the public by offering a range of recreational opportunities relating to
4 boating, which opporttxnities have been continuously provided by SPYC since 1912; and
WHEREAS, the redevelopment of the Park includes the relocation of SPYC facilities
within the Park and requires a new Lease Agreement between the City and SPYC to
accommodate the changes, which new Lease Agreement will supersede the current lease; and
10
11
12
13
14
15
16
17
18
19
20
21
22
WHEREAS, the Council authorized City officials to enter into a Lease Agreement on
February 24, 1999, and after that further discussions occurred between the City and SPYC
regarding the terms of the said Agreement; now, therefore, be it
RESOLVED, Uiat the City officials, who are required by law to execute such a new Lease
Agreement, aze hereby authorized to execute only the attached Lease Agreement with SPYC as it
has been amended since Febniary 24th; and, be it
FURTHER RESOLVED, that the City Counc3l requests that the Parks and Recreation
staff report to the Council on June 1 and September 1 of each year of the Inifial Lease Term and
any Extended Lease Terms regarding the SPYC's performance on the following specific
provisions contained in such Lease Agreement: Paragraphs 7.1.4, 71.5, 7.23, 72.20, and
7.2.21.
�
by Department of:
,v � ��Cr � � �� ..J
$Y i i `
Form Ap'r� ed by City
Adoption Certified by Council Secretary
By: / /} /
Approved by v Date 'C 7<�Y �
By: >i
Adopted by Council: Date ��,__��q�
� � �!. /. / / A � l ►� �� f 4 : f � l �' /
GREEN SHEET
Chris Coleman 266-8620
NIAIBBi FOR
RWiillG
TOTAL # OF SIGNA7URE PAGES
Execution of a new lease agreement with the City of Saint Paul and the Saint Pau1 Yacht
Club, as it has been amended since February 24, 1949.
PIANNING COMMISSION
CIB COMMITPEE
CIVIL SERVICE CAMMISSION
I,ease agreemene with the City of Saint Paul and the Saint Paul Yacht Club has been
amended.
Lease agreement will be executed.
s�vawrnces
None.
ur�u,re.rw�ECrae
� CRYATfOMMEY � CRYqiRK
❑qiI�NUM1liOtVILFiWt ❑RNNG�L3�NfKCiG
�IUVORfaRASASrNrt�� ❑
(CUP ALL IOGATIONS FOR SIGNATURE)
RSONALSERYICE fANTRACfS MUST ANSWER THE FOUAWING QUES'RONS:
tiaz Nils Pe�soMrm ever wuked urxlera contract for thie departmenl?
YES NO
Has Mis P��Mrm ever hean a odY MWhYee7 �
YES NO
Daes this D�� 9� a slall not rwrmal�YP�ed bY �Y curteM cfty employeel
YES NO
Is thie per�rtn a tarpetecl vendo/1
YES NO
✓
4�t- 3oG
No s23os
arccawc�.
Lease agreement will not be executed.
'AL AM1IOUNT OF TRANSACTION S
COST/REYQlUE BUQQETED (GRCLE ONE�
YES NO
DIN6 SOURCE
tc�u tt�oatannoH (EC�wM
ACTNITY NUMBER
V�i.���.�.,'�e 5?.m�i�GYa,',i,e"�r°x�,°,f
�iq .
Siumnary of Revisions to February 24 Draft of Lease Agreement:
Term of the Lease,. p. 2
The initial term is 15 yeazs, with one 10 year extension.
The City does not have to agree to an extension of the lease (1) if the SPYC is in breach of the
lease, or has had a significant history of failure to comply with vatious material terms and
conditions of the lease, or (2) if the Mayor and Council pass a resolution indicating an intent to
change the use of the Marina, or adopt a redevelopment plan that changes the use of the Mazina.
If none of the foregoing aze present, the City must agree to the renewal.
C� Representation, �. 3
The draft affirms that there is nothing in the title restrictions which prevents the use of the
property for the purposes of the lease.
Citv Notice Rec�uirement, p 7
The draft requires the City to tell SPYC of conditions discovered in its inspections of the marina
that �couid lead to rion-renewal of the lease, so that SPYC has an oppottunity to correct them.
qg•3oG
LEASE AGREEMENT
This Lease, effective as of , 1999 by and between:
CITY OF SAINT PAiJL, hereinafter called "CITY"
m
SAINT PAUL YACHT CLUB, INC., hereinafter called "SPYC",
hereinafter yointly called "Parties", and also individually called "Party".
WITNESSETH:
VJHEREAS, the CITY is the owner of certain real estate adjoining the Mississippi River
commoniy known as Hamet Island which contains a"Lower Harbor" outlined by a black dashed
line on attached E�ibit A and "Upper Hazbor" outlined by a black dashed line on attached
Exhibit B; and
WIiEREAS, the CITY as Lessor, and the SPYC entered into a certain Lease Agreement
dated June 1, 1992 whereby the SPYC was ganted the right to operate a marina facility on said
Lower and Upper Harbors of Harriet Island ("Marina Premises"); and
WHEREAS, since June i, 1992 certain changes have occurred and aze underway which
wiil enhance Harriet Island as a recreationai facility which precipitates a new Lease Agreement
between the Parties to accommodate the changes to Haniet Island; and
WHEREAS, the Parties believe it is in their mutual best interest to enter the within Lease
Agreement for Marina Premises which wi11 replace and supersede the Lease Agreement dated
June 1, 1992.
STATEMENT OF PURPOSES
PARTIES acknowledge and co�rm:
Both Parties desire to provide safe and affordable boating to the public at Harriet Island
and have worked cooperatively ta accomplish this objeetive at Harriet Island since 1912;
and
Both Parties desire to use Hairiet Island park area as efficientiy as possible, be
environmentally sensitive and ta maintain an aesthetically beautiful public attraction; and
I:\USERSIBYRNE�COLEMAMIease fin Mazch 16, 1999
qq-3CG
The CITY is under title restriction on Harriet Island 1'uniting the use of the land for
certain permitted recreational uses; and
The CITY has been issued certain pernuts for the operation of a marina facility on Marina
Premises of Harriet Island; and
The SPYC has occupied Harriet Island since 1912, duriug which time the SPYC has
continually satisfied the public recreafional use criteria by ptoviding public access for
recreational boating, docking and boat storage for the citizens of 5aint Paul; and
The PARIIE5 believe it is in the best interest of the public for the SPYC to continue to
operate a marina facility on Marina Premises of Harriet Island.
II
TERM
21 T� The initial term of this Lease sha11 be for fifteen (15) years ("Initial Lease Term"),
commencing on the first day of the month immediately following the execution of this
Lease Agreement. By way of example, if Lease Agreement is signed on the l0t'' of
September, the "Coznmencement Date° shall be October 1.
2.2 Renewal Options. The SPYC and the CITY may extend this Lease Agreement for an
additional period of ten (10) years ("Extended Lease Term") which will automatically
rer_ew unless the SPYC and/or CITY notifies the other, in writing, of its intent not to
renew the Lease Agreement at least twelve months prior to the expiration of the then
current term. The CITY shall not be obligated to agree to such renewal if the SPYC is in
breach of any of the terms and conditions of this Lease Agreement or if there has been a
recur!ing pattern or practice by SPYC of failure to comply with the material terms and
materiai conditions of said Lease Agreement whether or not such failures were breaches
thereof or were cured; provided, however, that in the absence of such a breach or pattern
or practice of failures, the CITY shail approve the renewal request unless (a) the Councii
sha11 have passed and the Mayor approved a resolution evidencing the intent of the
Council and mayor to cl�ange tlte use of all or part of the Marina Premises, or (b) the
CTTY has adopted a development plan that changes the function or use of ali or part of
the Marina Premises. All terms and conditions of this Lease Agreement applicable to the
Initial Lease Term sha11 remain in effect far the Extended Lease Term, except to the
ea�tent othercvise agreed by the parties in writing.
23 If SPYC has installed or made improvements to the Marina Premises after the
Commencement Date of this Lease Agreement and if this Lease Agreement is not
renewed pursuant to the provisions of Section 2.2 because of an action or election on the
part of the CITY, the CITY shall assume the obligation to pay the non-delinquent balance
of the cost of such unprovements, including the non-delinquent outstanding principai
I'lUSEAS�SYRIQE.\COLEMAMIease.fin Mamh 16,1949
qq•3o�
balance of any loan incurred for the financing thereo£ "Improvement" as used herein shall
not include any movable fixtures or equipment, but shall inciude docks, stair casing,
fencing and fueling facilities.
2.4 The Lease Agreement between the CITY and SPYC dated June i, 1992, under which
SPYC has leased certain Marina Premises from the CITY, is hereby rescmded, effective
upon the Commencement Date of this Lease Agreement. All claims arising under such
1942 Lease aze hereby extinguished as between the parties herein upon the
Commencement Date of this Lease Agreement.
III
M1IRINA PRENIISE5 DEFINED
3.1 Marina Premises include azeas commonly referred to as the lower and upper harbors of
Harriet Island Regional Park as illustrated in E�ibits A and B.
3.2 The Marina Premises remain public spaces, however, the pubiids access to certain areas
may be prohibited for reasons of public safety and basic security concerns. The SPYC
shall, prohibit generai public access to its docking areas (indicated by blue lines on
Exhibits A and B) and maintenance compound (indicated by red lines on E�ibit B).
3.3 Public access to the area designated for boat storage (indicated by green lines on E�ibit
B) shall also be restricted ox limited for reasons of public safety when boats are being
stared, transported or otherwise present. In areas where boats are not stored and at times
of the ;zear when boats are not being stored, public access will not be impeded and the
azea will be availabie for use for managed pazking for special events as well as general
park use. The CITY retains the right to direct, from time to time, the SPYC as to which
specific areas within the boat starage area shall be open for general public access,
provided that any such direction shall meet the need for safe and secure boat storage.
3.4 The CITY wili wark in good faith to make auailabie an additional one-half (.5) of an acre
of land that is contiguous to the area defined in e�ibit B(upper harbor) for the purpose
expanding the Marina Premises. The CITY will make this additional area available for
SPYC use on or before October 1, 2001, provided, however, that foregoing requirement
does not obligate the City to acquire any properiy or site by pwchase or eminent domain,
nor to vary or infringe any terms or conditions imposed by title restrictions. Such
additional land sha11 be subject to the terms and conditions of this Lease Agreement as
part of the Marina Premises, specificaliy the boat storage area on Erlubit B, which shall
be re-drawn to reflect the inclusion. The CITY affirms that nothing in the title
restrictions for such property prevents its use for the forgoing purposes, and that such
property is the preferred site for the expansion referenced herein.
I:\USERS�SYRNECOLEMAMIease fin Mazoh 16, 1994
°lq -306
3.5 The SPYC is awaze of the CITY's plans to make future unprovements and modifications
to the upper harbar Marina Premises as part of a lazger redevelopment of Han•i.et
Island/Lilydale Regional Park and acknowledges that such a redevelopment may involve
a reconfiguration of the d'unensions and layout of the on-land Mariva Premises as they are
illustrated in Erlubit B. In the event that an azea is reconfigured, the CITY will make
land that may be a combination of ffie park land that is occupied by the SPYC at the time
when said reconfigtuarion is initiated and adjacent public park land in substantially the
same area available to the SPYC to be used for the purposes of boat storage and its
maintenance compound in aznounts equal to the lands that aze available to the SPYC at
the time any such reconfiguration is initiated (as shown on the e�sting or a future
modification to Eachibit B). The CITY will work with the SPYC in planning and
initiating any reconfiguration. If the Marina Premises are reconfigured at any time,
Eathibit B will be r�drawn to reflect the changes. This clause is independent of 3.4, and
therefore does not in way �cuse or substitute for the CITY's obligations contained
therein. The foregoing requirement does not obligate the City to acquire any property or
site by purchase or eminent domain, nor to vary or iufi•iuge any terms or conditions
imposed by title restrictions. Land which is included within the Marina Premises under
the tertns of this paragraph shali be subject to the terms and conditions of this Lease
Agreement.
3.6 All park lands {including pazking areas) other than those defined as Marina Premises are
not governed in any way, implied or othenvise, by this Lease Agreement and remain
under the sole control and jurisdiction of the CITY.
3.7 Both Parties acknowledge that the CITY's future plans for Harriet IsIand/Lilydale
Regionai Park include a proposed bicycleJpedestrian path along the river's edge; and that
a bridge is contemplated to span the entrance of the Upper Harbar entrance to the upper
hazbar as it connects the Harriet Island path with those upstream towards Lilydale.
Cunently, this path is proposed to pass through azeas indicated on Exhibit B as Marina
Prem?ses. The CITY agrees to work with the SPYC in making provisions so that the
proposed bridge is designed and built to protect the operational functions of the Marina
Premises, specifically so that it wiil not interfere with regular access by boats moving in
and out of the upper harbor.
3.8 The area designated for boat storage includes lands above a storm sewer line that is
maintained by the CITY. If the CITY determines in its discretion that maintenance or
other work is required on such line or sewer facilities, the SPYC shall move all boats and
other equipment spec3fied by the CITY within a reasonabie time period as specified by
the CITY. In such an event, the CITY will assist the SPYC by identifying alternative
azeas for temporary boat starage within e�sting park lands, but shall incur no financial
obligation for moving such boats and equipment. No improvements or immovable
fixtures shall be constructed or placed by SPYC in any location that wouid interfere with
repair, replacement, maintenance or other work of such sewer line or related facilities.
t� I:lUSE1tS1BYRIS�IWLEMA1VVeasefin March Ib, 1999
9R - 306
SPYC shall be obligated to consult with the CITY before constructing any unprovements
or fiYtures over ar near such sewer line. An itnprovement far the purpose of this
pazagraph and this Lease Agreement shall be a permanent addition to or permanent
betterment of real properry thaf enhances its capital value, and does not include ordinary
repairs or maintenance.
N
PERMITTED USE
4.1 The SPYC shall have the exclusive privilege of operating a marina facility on Marina
Premises; and to generally carry on and engage in normal activities which ate incidental
to the operation of the marina.
4.2 The SPYC may engage in activities inciuding but not limited to slip rental, launching,
hauling and winter storage of boats, sale of fuel and marine supplies and repairs.
4.3 The SPYC may not operate or engage in activities related to a commercial repair garage
nor may it act as a boat dealership or brokerage.
V
RENT
5.1 The SPYC shall pay as "Rent" an amount equal to twelve and one-half percent (12.5%) of
gross revenues received by SPYC from suumier and winter dockage and storage fees, less
the credit, if any, allowed pursuant to paragraph 5.6 of this Lease Agreement. Any unused
portion of such credit, if any, shall not be carried over from calendar year to calendar
year.
51.1 Notwithstanding the foreaoing or any other term or provision of this Lease
Aa eemettt to the contrary except 9.4, SPYC shall pay an annual minimum fee to
the CITY based on the following schedule:
Years 1-10 $24,000
Years 10-15 A sum equal to the five year average of rents (without
reduction for credits under paragraphs 5.1 and 5.6) paid in
years 6-10 of the Initial Lease Term.
Extended Lease Term A sum equai to the five year average of rents (without
reduction for credits under paragraphs 5.1 and 5.6) paid in
years 1Q-1 S of the Initial Lease Term.
The minimum fee will be payable in two installments on June 1 and December 15
of aach yeaz, prorated as and if necessary for less than full calendar years.
I'\USERSIBYRNFICOLEMAIJUease.fin March 16, 7999
q9•3��
5.2 The SPYC map not increase Yhe discaunt it offers to its slipholders based on SPYC
memberslrip status past the current discounting levels of $200 for dockage rates and $100
for winter storage rates unless it receives written approval from the CITY. T'he term
"discount" includes any reduction in storage or dockage fees however described.
5.3 The CITY has a right to inspect all books and records pertaining to the operarion of the
marina by the SPYC. The CITY sha11 be granted inspection of said books and records by
providing the SPYC with written norice, whereby the SPYC shall have fifteen (15) days
to provide such information to the CITY.
5.4 The SPYC shail retain an e}rternal-auditing firm to perform an annual audit of its
fmancial operations. The audit shall be performed in accordance with generally accepted
accounting principles and shall show ali revenues received and expenses paid far the
SPYC's operations for the previous yeaz. The SPYC shall provide the CITY with a copy
of its annual audit no later than April 15 of the next year following the audit.
5.5 If an audit for the preceding year shall show a variance between the amount actually paid
and that which is due, that amount sha11 be either paid to the CITY by the SPYC no later
than Aprii 15�' of the next year following the audit period if an additional amount is due;
or the SPYC shall be entitied to a credit against Rent to be deducted from the next
payment due the CITY if an overpayment was made. Provided, however, that if the
Lease Agreement expires or is temunated and the audit sha11 determine an overpayment
the final year, the SPYC sha11 be entitled to a refund from the CITY for overpayment of
Rent. In the case of underpayment, the SPYC will pay the CTTY the amount of the
underpayment.
5.6 The parties may propose to each other that the SPYC undertake work or projects for the
betterment of Marina Premises and Harriet Island pazk azea (where the CITY has the
primary responsibility). If the CITY specifically consents in writing to the estimate and
pians for such work or project submitted by SPYC, the SPYC shall be entitled to a credit
against its annual Rent payment under paragraph 51 of this Lease Agreement for such
work perfozmed or such projects undertaken. Credits earned for this purpose shall not be
carried over from one year to the following year unless the SPYC receives written
approval from the CITY for such carryover. No credit shall be allowed by the City for
any work or project if such work ar project was solely or substanfiallp far the benefit of
SPYC or of users of the Marina Premises, ar if the benefit to the public at large is purely
incidental.
VI
CONSENT TO IMPROVEMENTS
61 No improvements or immovable fixtures can be made, instalied, added or constructed by
SPYC on or to the Marina Premises after the Commencement Date without the written
6 I:\USERS\BYRNE\COLEMAMIease.5n Mazch 16, 1999
qq-3o6
consent of the City. The City may require such informarion to be supplied by SPYC as
will enable the City to detemune whether to consent to any proposed 'unprovements or
iuunovable fia�tures.
6.2 The SPYC shall undertake no reconstrucrion, alterations, repairs or replacements of
e�sting unprovements, fixtures, facilifies or equipment on or in the Marina Premises,
which causes or constitutes a permanent change in the CITY properiy underlying the
Marina Premises or adjacent to it, thereto, without the written consent of the City.
6.3 An improvement for the purpose of pazagraphs 6.1 and 6.2 shall be a permanent addition
to or permanent betterment of real properry that enhances its capital value, and does not
include ordinary repairs or maintenance.
6.4 The CITY's response to a request for consent under paragraphs 6.1 and 6.2 shali be given
in a reasonable time. The consent of the CITY to a request under paragraph 6.2 sha11 not
be unreasonably withheld.
VII
COVENANTS AND UNDERTEIKING
71 The Parties covenant, agree and acknowledge that each shall provide the following
equipment and services:
7.11 The CTTY shall provide and maintain a travel lift well and the SPYC shall
provide, operate and maintain the travel lift.
7.1.2 The CITY shall periodically inspect the marina faciliry and inform the SPYC in
writing of any conditions requiring attention as may be required to comply with
the obligations under Lease Agreement, and of any conditions necessary to retain
eligibility for lease renewal under Section 2.2 of this Lease Agreement.
7.1.3 The SFYC shall undertake no major improvements, construction or alterations to
Mazina Premises without the prior review and approval of the CITY.
7.1.4 The SPYC shall be permitted to store boats and other water craft on the area
designated on E�ibit B. Winter storage shall be available to SPYC slip holders
only. The SPYC may, if agreed to and authorized by the written approval by the
CITY, store boats other than those of its slip holders on a space available basis.
The City shall maintain and repair the surface of the said boat storage area so that
it is suitabie for the transport and storage of boats, subject to the obligation of
SPYC to maintain the Marina Premises in a safe condition under paragraph 721
of this Lease Agreement. The foregoing obligation of the City does not create or
I:\USERS�BYRNEICOLEMANVeaze.fin Mazch 16, 1999
°!9 - 3pG
vest in any third party or user of the Marina Premises a right or cause of action
against the City arising out of the condition of the boat storage area.
7.1.5 The SPYC will keep the azea designated for boat storage cleaz of boats and other
equipment in order to make it available for other uses during the period begivuing
June 10 and ending September 10 of each year. Any SPYC boats that are required
to be on land for maintenance purposes or that aze otherwise not in the hazbors
during this specified time will be confined to a portion of the boat storage area as
identified by the SPYC and the CITY.
7.1.6 The CITY shall provide the SPYC with the CITY's accident report forms. These
forms shall be completed by SPYC representatives in instances where accidents
on or near the Marina Premises are reported to or witnessed by SPYC
representatives. The SPYC shall deliver completed reports to the CITY within
five working (5) days following an accident on or neaz the Marina Premises.
7.1.7 The SPYC hereby agrees to defend, indemnify and hold the CITY and any of its
officers, agents and employees hannless from any claims, damages, or causes of
action arising from the use and operations of Marina Premises by SPYC, its
agents, officers, or employees. The SPYC shall provide at its own cost and
expense, liability insurance naming the CITY as an additional insured thereon.
Insurance shall cover injury to persons or property in an amount not less than the
limits of the CITY's liability as set forth in Minn. Stat. §466.01 et seq (currently
$300,000 individual, $750,004 aggregate, with the aggregate limit increasing to
$1,000,000 on January 1, 2000). SPYC shall provide evidence of such coverage
to Che CITY annualiy. Nothing in this provision shail be construed in any manner
as a waiver by the CITY of its statutory limits of liability, immtuuties or
exceptions. SPYC shall be obligated to maintain such coverage in full force and
effect at all times that this Lease Agreement is in effect, and failure to do so shall
be a breach thereof.
7.1.8 All assets present and future paid far and owned by the SPYC, uniess furnished as
an improvement or immovable fixture on the Marina Premises, shali always
remain the property of the SPYC unless othercvise agreed to in writing by the
Parties (i.e. docks, lifts, trailers, temporary buildings, biocking, stands, spuds,
abcve ground gas tanks and piping, and tools and equipment). Present and future
items provided by the SPYC as such improvements or immovable fixtures (i.e.
pilings, dolphins, utility fixtures, and below ground tanks and lines) sha11 remain
as such on the Marina Premises.
71.9 The SPYC shall act as the primary rental agent for transient boaters at Harriet
Island Regional Park. All transient fees collected by the SPYC will be retained by
the SPYC.
I:\USERSIBPRN6ICOLEMAN�ease.fin March 16, 1999
°lq -�aG
7_110 The CITY will man� the Pubiic Dock in accordance with the provisions found
in Eathibit C.
7.1.11 Tlus Lease Agreement does not exempt the SPYC or its members from park rules
and regulations, except as may be provided elsewhere in this Agreement
7.112 The SPYC may neither operate nor commission the operation of vending
mz: hines that aze located on premises visible to andfor accessible by the general
public without the consent and written authorizarion of the CITY.
7.1.13 That in cases of emergency or disaster such as flood or other natural act, SPYC
will vacate Marina Premises if required and otherwise cooperate with directives
from the City's Superintendent of Parks and Recrearion, Fire Chief, Police Chief
ar other City official delegated such power due to the emergency. Related costs
shall be borne by SPYC unless otherwise negotiated. Further, SPYC will make
no claim against the City for lost revenues or added expenses due to this
temporary relocation.
7.2 The SPYC specifically covenants and agrees;
?.2.1 To maintain Marina Premises in a safe, ciean and orderly condition.
7.2.2 To inspect all docks on a regulaz basis to insure that they are in a safe condition.
The SPYC shail repair any conditions that cause the docks to be unsafe as soon as
possible.
7.23 To keep the Marina Premises free of litter and accusnulated trash. Cieanup of the
site shall be accomplished on a twice-weekly basis.
7.2.4 To store all equipment and other materials present on the Marina premises in an
orderly manner so that the appearance of the facility is clean and organized.
7.2.5 To cut the grass and maintain the immediate banks of Mississippi River to the
waterline adjacent to Marina Premises, marina parking areas and boat storage
areas as defined in E�ibit A and B. Tree maintenance and removal will remain
the responsibility of the CITY.
7.2.6 To provide an adequate number of trash receptacles in harbors of Marina Premises
to accommodate debris generated by boat owners and their visitors to the marina
and be responsible for the removal of that trash.
9 I.\USERS�SYRNh�COLEMAMIeue.fin Mazch 16, 1999
°lg•�cG
7.2.7 To maintain in safe and good condition the steps and access to docks in both boat
harbors.
7.2.8 To provide adequate ligi�ting for docks in both hazbors.
7.2.9 To install public telephones accessible to boaters and vfsitors to the marina in
each harbor.
7.210 To furnish temporary dockage for transient boaters visiting Saint Paui and
seasonal dockage for approved applicants and SPYC members.
7�.11 To furnish a minimum of 15� and a ma�mum of 175 boat slips as determined by
the SPYC . The mvcimum number of slips may not exceed the permit as issued
to the CITY by the Minnesota Department of Natural Resources.
7.2.12 To not enter into any business of constructing motor boats or other craft in the
harbors azound Harriet Island or adjacent land. Marina leaseholders with
approved dockage may engage in minor boat repair to their watercraft in the
marina, however any major boat repair work must be approved by the SPYC.
?.2.13 To engage in dock construction, painting, sandblasting in order to paint, welding,
carpenhy and other maintenance activities incidental to operating a marina. The
SPYC and the CITY sha11 jointly determine an area where this work may occur.
In addition, the SPYC sha11 provide a weather proof building to facilitate this
work to be located as agreed to bettveen the CITY and the SPYC.
7.2.14 To cooperate with and provide such facilities that ue necessary and appropriate
for CITY's Fire Department Harbor Patrol, U.S. Coast Guazd, Coast Guard
AuYiliary and Ramsey County Sheriff Water Patrol.
7.2.15 To maintain and use a mazina fuel storage and dispensing system. Said system
shali be under the direction and control of the SPYC and the SPYC shall be
responsible for the periodic, legaliy approved, testing of the tank. The SPYC
shall be responsible for the day to day maintenance of the tank to keep it in good
operating condition. The SPYC shall provide gasoline for sale to the boaters
during regular hours during the boating season and by prior appointment. The
SPYC shall be responsible far any spill or damage to land adjacent to the tanks
andlor any subsoil cleanup ordered by appropriate authorities.
7.216 That the SPYC shall provide the CITY with a copy of a11 agreements or contracts
between the SPYC and any parry who will assist the SPYC in canying out the
stipulations of this Agreement.
I Q IIUSERS�BYRNEICOLBMAN\Iease.fin Mazoh 16,1999
°l9 -9c�
7.217 To not rent space to any individual or entity whose primary purpose is to conduct
business at that location, or allow any of its membership to temporarily or
permanently conduct retail or couunercial transactions within the marina hazbors.
This does not preclude slip holders $om entertaining guests, nor does it prohibit
slip holders from conducting personal business or work related to their
employment while on theu boat.
7.2.18 To designate safe parking areas for automobiles in the westernmost Upper Harbor
parking lot while the SPYC is moving boats.
7.2.14 To provide a pump out facility for all boaters use during regulaz hours of the
normal boating season.
7.2.20 To remove a11 marina boaters' and visitors' discarded materials, parts and various
debris to maintain the boat storage, work and pazking area in a clean and good
condition in both hazbors ali on a twice-weekly basis.
7.2.21 To conform to City, State and Federal safety, health, accessibiliry and
environmental laws and to cooperate with the appropriate agencies to achieve
such objectives.
7.2.22 To compiy with State and Federal fair employment practice laws prohibiting
discrimination on the basis of an applicant's age, sex, race or physical status. This
also applies to persons seeking membership in the SPYC.
7.2.23 To use the SPYC policy (exhibit D) which has been approved by the CITY, that
sets up critexia fox slip assignments at the Marina. Furthex, it is understood that
residents of the City of Saint Paul on the waiting list by January 15�' of each year
sha11 be offered slips at the Marina each yeaz before siips are offered to non-Saint
Paal residents on the waiting list: Pending the Saint Pau1 applicant meeting other
slip assignment requirements.
7.2.24 The SPYC will annually fiunish the CITY with a roster of its Board Members and
Lease Holders prior to June 1 of each year of this Agreement.
7.2.25 To fiunish the CTTY with its proposed rates, including any related discounting,
for dockage, starage and other services on or before March 1 S` of each calendar
year. The CITY sha11 have the right to approve or disapprove of these rates and
discounis. The CITY shall not act arbitrarily or unreasonably witl�hold its
approval of the SPYC proposed rate or discounting structute. If the CITY fails to
respond to the SPYC to either approve or disapprove of said rates and discounting
within 30 days of its receipt of the proposed rate schedule, the proposed rates and
discounts shali be deemed approved by the CITY.
1 1 I:IUSERSIBYANE\COLEMAt3Uease.fin Maroh ]6,1999
al`t - 3 4 F
7.2.26 T`he SPYC agrees that its ability to perform and fulfill all of its obligations under
this Agreement shall not be hindered or delayed by the advent of the year 2000
and that it has made all reasonable, diligent and affirmative efforts to insure the
same. SPYC specifically agrees that, in addition to all other indemnifications
obligations undertaken pursuant to this Agreement, it wi11 also indemnify the
City, its officers, empioyees or agents, from all suits, actions or claims whether
brought by the City or by third parties, in any way related to the advent of the yeaz
2000 causing failure to carry out the terms of this Agreement.
7.2.27 That it sha11 not, in violation of any appiicable federal, state or locallaws or
regulations, pollute any air, soil or ground waters, or dischazge or release any
Hazardous Wastes, in, into, on, over or adjacent to the Marina Premises or the
Mississippi River, and that it shall take reasonable steps to prevent all members,
guests, transient boaters and other users of the Marina Premises from doing so. Any
such discharge or pollution, or failure to take reasonable steps to prevent such
discharge or pollution, which is in violation of any such applicable laws or
regulations, shall be a breach of this Lease Agreement. The SPYC shall also comply
with all applicable federal, state and local laws and regulations, including City
ordinances, relating to the control, handling, discharge ar release of said Hazardous
Wastes, and failure so to do shall be a breach of this Lease Agreement. In addition,
SPYC sha11 be obligated to use the Minnesota Pollution Control Agency Fact Sheet
#4.24 "Managing Marina Waste", published Apri18, 1996, as a general guideline for
its operations and shall work with its membership and siipholders to achieve
compliance with the guidelines 3n said Fact Sheet. The SPYC will incorporate
future updates of the Fact Sheet, when published by the MPCA, as guidelines for its
operation, when said future updates are available and known.
7.2.28 Hazardous Wastes, for the purpose of paragraph 7.2.27 above, shall be and include
all dangerous, toxic or hazardous contaminants, pollutants, chemical wastes or
substances as defuied in applicable federal, state or local laws or regulations, as those
may be amended from time to time.
73 The CITY specifically covenants and agrees:
73.1 To provide material and supplies in such amounts and quantities as the CITY shall
determine adequate for trees, shrubs, benches, signage, gortable toilets, asphalt,
gravel, grass, snow removal, police security, security fences, lighting and fire and
emergency services.
7.3.2 To provide electrical, telephone, water, sewer (to be available sometime in 1944) and
natural gas service on the leased premises with available access for installation and
hook up of marina facilities The SPYC is responsible for payment of all related bills
based on its usage and consumprion of said utilities for the duration of this
I Z I:IUSERS�BIRNE\COLEMANUease fin March 16, 1999
q9-3oG
Agreement.
733 To maintain pazking within Harriet Island Regional Pazk that serves the marina
premises as well as other areas and attractions within the park. The CITY will
maintain access thereto for boat owners at aii rimes, including during speciai events,
and properly inform the SPYC of any event that could hamper in any way access to
the leased premises. The CITY will develop and aclminister a parking plan for
Harriet Island Regional Pazk that (a) reserves 25 pazking spaces for use by live-
aboard slip holders, and (b) accommodates the need for SPYC members and
authorized guests, as recognized by the CITY, to park vehicles overnight in the Pazk,
providing as well for the necessary related ingress to and egress from the Marina
Premises.
7.3.4 To allow up to 175 slips for dockage, inciuding 25 slips for year round live aboard
usage.
73.5 To maintain the appropriate pernuts for the location and operafion of a marina at the
leased premises that may be required by law and to transfer all appropriate rights to
said permits to the SPYC for the duration of this lease. The CITY shall provide
copies of all such permits to the SPYC.
?.3.6 To give the SPYC prior notification of and provide for consultation with the SPYC
concerning and CITY projects which may affect the normal operations of the SPYC,
increase the SPYC's expenses, or cause a loss of revenue to the SPYC.
VIII
ADMINISTRATION
8.1 For the purpose of the administration of this Lease Agreement, the CITY's representative
sha11 be the Superintendent of Parks and Recreation and the SPYC's representative shall be
its Commodore. No other person except the Commodore of the SPYC may bind the SPYC
to any issue or undertaking by the SPYC under this Lease Agreement.
IX
DEFAULT(REMEDY
91 This Lease Agreement may be ternunated at any time by mutual assent of the Parties.
9.2 In the event that either pariy fails to perform any of the terms or conditions of this L,ease
Agreement, or violates any term or condition thereof, such failure ar violation shall be a
breach of the said Agreement. In the event of such a breach, the other pariy may give written
notice of the breach to the parry in breach. If the breach has not been cured or remedied
within thirty (30) days following the giving of such written notice, the other party may
j 3 I:\USERS�BYRNEICOLEMANVeaze.fin March 16, 1999
�t�t -� a�
terminate this Lease Agreement in its entirety.
93 In the event any provision contained in this Agreement should be breached by either parry
and said breach thereafter waived by the other parry, such waiver shall be limited to the
particular breach so waived and shall not be deemed to waive any other breach hereunder.
4.4 That neither Party will make any claim and waives any right against the other Pariy on
account of any loss or damage caused by acts of God, such as fire, water, windstorm, floods,
freezing, waz, civil unrest and other acts of God affecting the leasehold properry in
connection with its operation. The minnnum rent specified in pazagraph 51.1 of this
agreement shall be abated in any period during which the SPYC's operations are halted on
account of such acts of God as described within this paragraph.
9.5 No remedy herein conferred upon or reserved to either party under this Agreement is
intended to be exclusive of any other available remedy or remedies, but each and every such
remedy shall be cumulative and shall be in addition to every other remedy given under this
Agreement or now or hereafter existing at law or in equity or by statute. No delay or
omission to exercise any right or power accnung upon any default shall impair any right or
power or shall be construed to be a waiver thereof, but any such right and power may be
exercised from time to time and as often as may be deemed expedient.
9.6 No provision in this Agreement shall preciude the CITY from exercising its lawful power
of eminent domain over the leasehold estate established herein, or any part thereof, provided
that any exercise of said power sha11 be in accordance with a11 statutory and constitutional
requirements pertaining thereto.
9.7 This Lease Agreement sha11 be construed under flie laws of the State of Minnesota; and if
any pruvision or portion thereof, or the application thereof to any person or circumstances
sha11, to any ea�tent, be invalid or unenforceable, the remaiuder of this Lease Agreement shall
not be affected thereby, and each provision of this Lease Agreement shall be valid and
enforceable to the fullest extent provided by law.
X
NOTICES
10.1 Any notice, statements, bills or communications provided for herein shall be deemed
sufficiently given or rendered if in writing and either delivered to the other Party personaliy
or sent by certified mail address to the other return-receipt postage prepaid as follows:
AS TO CITY - Superintendent of Parks and Recreation
City of Saint Paul
300 City Ha11 Annex
25 W. 4�` Street
Saint Paui, MN 55102
1 [� L\USERS�BYRNE\COLEMAMtease.fin Mazch 16,1999
° l9 - 3a�
AS TO SPYC - Commodore, St. Paul Yacht Club
Harriet Island
100 Yacht Club Road #B 1
Saint Paul, MN 55107-2030
or such other address as the respective Parties shall designate in writing. The time of giving
such notice or communication sha11 be deemed to be the time when the same is actually
delivered to the other Party.
YI
MISCELLANEOUS
1 L 1 Captions and Heading, The captions and headings used herein are intended only for the
convenience of the reference and are not to be used in construing this Lease.
11.2. Entire Agreement. This Lease Agreement constitutes the fixll and complete agreement
between the Parties hereto and there are no other terms, obligations, covenants,
representations, warranties or conditions other than contained herein.
IN WITNESS HEREOF, the Parties have caused tlus Lease Agreement to be executed and
delivered in dupiicate as of the date appearing on page one hereof.
APPROVED AS TO FORM: CITY OF SAINT PAUL:
City Attorney
Mayor, City of Saint Paul
Superintendent of Parks and Recreation
Financial Services Director
SAINT PAUL YACHT CLUB:
Commodore
15 I:IUSERS�BYRNE\COLEMANUease fin Mzrch 16, t999
g9•3c�
Eahibit C
(Criteria governing the management and use of the Public Dock)
11 Transient Boats The Public Dock will not function as competition for the SPYC ttansient boat
business. Overnighting boats will be located in the marina harbors whenever
possible. Overnighting boaters that aze registered overnight guests at the
floating bed & breakfast will be permitted to overnight their boats on the
Public Dock
In the event that a transient boat must overnight on the dock (late arrivals, fuil
harbors}, it will be permitted on the outside edge of the dock only.
21 Use of the
Inside of Dock
The SPYC will retain all transient fees that it collects.
Boats that may tie-up to the inside of the dock will be limited to those of
a ma�cimum width of 10 feet (see attached illustration). Larger boats may tie
up to the outside of the dock only.
Overnighting in most cases will be limited to the outside of the dock. This
is to avoid navigational conflicts with the neighboring SPYC dock.
31 Locating r acilities The CITY wili not locate a restaurant or other public facility along the inside
edge of the dock other than in the area begim�iug from where the dock meets
the shore to the point where the inside edge of the dock first drops to a lower
tier (see attached illustrafion).
4 Si na e
The City will limit the width of facilities to be located within this defined
azea to a maximum of 34 feet. This is to minimize potential navigational
conflicts with boats located along the neighboring SPYC dock.
The potential location of any facility along the outside edge of the dock is not
affected by these criteria.
The CITY will post signage reflecting the previous information as well as
dock hours (not to exceed park hours), reporting procedures for transients,
etc.
The CITY will work with the SPYC in developing and locating signage.
16 I�USERS�BYRNE\COLEMAMIease.fin March ib, 1999
ag-���
Interdepartmental Memorandum
- � _.�_. .,��
CITY OF SAINT PAUL
DATE: March 16, 1999
TO: Chris Coleman
Clayton Robinson
Tom Fabel
Vic Wittgenstein
PROM: Phil Byrne��7
�� %
RE: SPYC I,ease
�� ; 1 7 ���3
CC?rJr�G`; ;.�c�t3�R
C.h'R:'S CC�LE��4!V
Attached are copies of the I.ease with the changes after February 24, a short sununary of
those changes, and a council resolution for use in authorizing execution of the I,ease.
.. .. .,,
interdepartmenta{ Memarandum
CITY OF SAINT PAUL
September 1, 1999
T0: Council President Dan Bostrom
Council Member Jay Benanav
Council Member 7erry Blakey
Council Member Chris Coleman
Council Member Mike Harris
Council Member Kathy Lantry
Council Member Jim Reiter
FROM: Vic Wittgenstein, Director o� � v
Division of Parks and Recreation
C ,�. �,q-3c��
��1
�v-, �"/ �U
RE: Report regarding the Saint Paul Yacht Club's (SPYC) performance
on provisions 7.1.4, 7.1.5, 7.2.3, 7.2.20, and 7.2.21 of Lease
Agreement with the City of Saint Paul, Division of Parks and
Recreation (Item 21 of 9/1/99 City Conncil Agenda)
This report is being provided in response to the request from the Council of April 7,
1999, concerning regular staff updates related to certain provisions of the agreement
between the City and the SPYC.
Harriet Island is currently in the midst of a major renovation project. This renovation
included the relocation of the SPYC's on-land operations from near the lower harbor to
the upper harbor. The SPYC has been extremely cooperative and accommodating in
working with the City and our coniractors throughout the construction project this
summer. Although the appearance of Harriet Island reflects the construction work that
is proceeding, the SPYC has made changes to its operation required by its new
agreement with the Ciry. I believe the board and staff of the SPYC are committed to
abiding by the provisions in the agreement and being positive contributors to Harriet
Island.
�
c F `tq - �
The following summarizes specific SPYC performance related to the referenced provisions.
7.1.4 The SPYC shall be vermitted to store boats and other water craft on the
area de si¢nated on E�ibit B. Winter stora shall be available to SPYC
slip holders only. The SPYC mav. if aereed to and authorized by the
written a�proval b�the Cit�store boats other than those of its slip
holders on a space available basis. The Cit,�shall maintain and repair
the surface of the saad boat storage area so that it is suitable for the
transport and stora�e of boats subject to the obli�ation of SPYC to
maintain the Marina Premises in a safe condition under paraeraph 7.2.1
of this Lease Ag_reement. The foreg,oine oblieation of the City does not
create or vestin any third party or user of the Marian Premises a right or
cause of action a�ainst the Citv arisin�out of the condition of the boat
stora ee area•
Winter storage for the 99/00 season will begin shortly. This will be the
fzrst season in which boats will not be stored on land at the lower
harbor.
7.1.5 The SPYC will kee� the area desi¢nated for boat storage clear of boats
and other equipment in order to make it available for other uses durine
the period beginnin¢ June 10 and ending September 10 of each vear.
Anv SPYC boats that are required to be on land for maintenance
pumoses or that are otherwise not in the area as identified by the SPYC
and the Citv.
At the end of August the land areas were largely clear of any boats.
Boaters trailers that have been previously stored at Harriet Island have
been moved off site. Off-site storage is aiso being utilized for much of
the SPYC seasonal equipment (i.e. blocking, floats, materials).
Throughout the entire summer the south and east portions of the lot were
completely clear of boats and equipment, making parking available far
boaters and Lilydale park users.
16 boats are currently on Zand:
- 3 derelict boats (one that is scheduled to be moved off-site today;
another that has had a recent change in ownership and wilt be removed
next week)
- 7 trailered land and launch boats (land and launch to be fazed out next
season per the agreement)
- 2 boats that were removed thzs week for the season
- 4 boats temporarily on Zand for needed repairs
. y
�t�-�o�a
7.2.3 To kee�the Marina Premises free of litter and accumulated trash.
Cleanup of the site shall be accomplished on a twice-weeklv basis.
The SPYC docks and grounds are free of litter and trash. Dumpster
service is being maintained.
7.2.20 To remove all marina boaters' and visitors' discarded materials, parts
and various debris to maintain the boatstora�e. work and parkins area in
a clean and good condition in both harbors all on a twice-weekly basis.
There are no parts or other materials abandoned in the SPXC designated
storage area. The SPYC staff inspect the grounds for trash and
discarded materia[s on a daily basis during the summer season.
7.2.21 To conform to City. State and Federai safetv. health, accessibilitv and
environmental laws and to cooperate with the appropriate agencies to
achieve such objectives.
There have been no reported violations of law, furthermore, a visual
inspection revealed no suspect activities. The SPYC is curren£ly working
with various regulatory agencies related ta moving its gas dock from the
lower to the upper harbor.
Since the new agreement between the City and SPYC has been in effect, the SPYC has
been very cooperative in its compliance efforts and in responding to requests from the
City. The SPYC is continuing to take action to ensure this compliance by modifying
club rules and member agreements that will be in place for the 2000 season to reflect
the provisions of the new agreement.
Division staff will continue to work with the SPYC related to the coordination of the
Harriet Island construction during the fall and the Winter.
If you have any questions about this report, please contact me at 266-6409 or
Mike Hahm at 266-6444.
VW
cc: Susan Kimberly
Mike Hahm
Truman Howell, Commodore SPYC
G:�SPIWPICOUNCIGCauncil_SPYC repon2.wpd
ORl i AL
Presencea By �
RESOLUTION
OF SAINT �AUL, D�IINNESOTA
Council File # 99 - 30�
C:reen Sheet # �G
3�t
Refeaed To
Committee: Date
1 VJHEREAS, the City has a Lease Agreement with the Saint Paul Yacht Club (SPYC) that
2 allows SPYC to use public properiy to operate a mazina at Harriet Island Regional Park (the
3 Park), which benefits the public by offering a rauge of recreational opporlunities relating to
4 boating, wluch opportunities have been continuously provided by SPYC since 1912; and
5
6 WHEREAS, the redevelopment of the Pazk includes the reloca6on of SPYC facilities
7 within the Park and requires a new Lease Agreement between the City and SPYC to
8 accommodate the changes, which new Lease Agreement will supersede the current lease; and
4
10
ii
12
13
14
15
16
17
18
19
20
21
22
WHEREAS, the Council authorized City officials to enter into a Lease Agreement on
February 24, 1999, and after that further discussions occurred between the City and SPYC
regazding the terms of the said Agreement; now, therefore, be it
RESOLVED, that the City o�cials, who are required by law to execute such a new Lease
Agreement, aze hereby authorized to execute only the attached Lease Agreement with SPYC as it
has been amended since February 24th• and, be i�- -- —_.�_
f FURTI�lt I2ESOLVED, that the City Council requests that the Parks and Recrea'b �^
staff report to the Council on June 1 and September 1 of each yeaz of the Initial Lease Term an
any Extended Lease Terms regarding the SPYC's performance on the following specific
provisions contained in such Lease Agreement: Paragraphs 7.1.4, 7.1.5, 7.2.3, 7.2.20, and
7.2.21.
���� d by Depastme of: �--
' 71-/ .5 �'V � �l ���' r � / /t .✓
By: (�.
Form Appr�ved by City ja rney
Adopted by Council: Date
�� \�� By:
Adoption Certified by Covncil Secretazy
- 1 +► � _ �
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b�+
,�
a q,3a� �� f�
Interdepartmental Memorandum
CITY OF SAINT PAUL
7une 20, 2000
TO: Council President Dan Bostrom
Council Member Jay Benanav
Council Member Jerry Blakey
Council Member Chris Coleman
Council Member Pat Harris
Council Member Kathy Lanuy�
Council Member Jim Reiter
FROM: Vic Wittgenstein, Director
Division of Parks and Reci
RE: Report regarding the Saint Paul Yaeht Club's (SPYC) performance
on provisions 7.1.4, 7.1.5, 7.2.3, 7.2.24, and 7.2.21 of Lease
Agreement with the City of Saint Paul, Division of Parks and
Recreation (Item 34 of 6121(00 City Council Agenda)
This report is being provided in response to the request from the Council of Aprii 7,
1999, concerning regular staff updates related to certain provisions of the agreement
between the City and the SPYC.
Construction at Harriet Island continues as part of the extensive renovation of the park.
The board and staff of the SPYC continue to provide much cooperation and assistance
during this project. Since Che most recent report to the Council on September 1, 1999,
the SPYC:
• Moved its gas dock, inciuding coordination of all permits, from the lower
harbor to the upper harbor. This location now provides a staging area for the
Padelford boats to fuel, eliminating the need for fuel trucks to drive over and
around the new promenade areas.
• Made extensive improvements to the appearance of its workiofFice area.
Repaired and painted the garage and office.
• Financed the installation of a handicap access ta the upper harbor dock,
including a pathway from handicap parking area/drop-off point.
• Initiated improvements to the safety and security of the parking area that they
utilize, working with the Division on fencing and lighting projects.
4'
��" 3 ��'
The following summarizes specific SPYC performance related to the referenced provisions.
7.1.4 The SPYC shall be permitted to store boats and other water craft on the
area desi¢nated on E�ibit B Winter storage shall be available to SPYC
s� holders onlv. The SPYC may if aereed to and authorized by the
wrrtten aonrovai bv the Ciry store boats other than those of its sliv
holders on a snace available basis The City shall maintain and r�air
the surface of the said hoat stora�e area so that it is suitable for the
trans�ort and storaee of boats subject to the obli�ation of SPYC to
maintain the Marina Premises in a safe condition under Daraera hp 7 2 1
of this Lease Atreement. The foregoins oblieation of the Citv does not
create or vest in anv third tiarty or user of the Marian Premises a ri ng t or
cause of action aeainst the Cit arisin� out of the condition of the boat
storage area.
4Yinter stort�ge for the 99/00 season was administered without incident.
The SPYC experienced some problems witla securiry issues during the
storc�ge season and htts approached the Division about the concept of
"buying" additional security that would be dedicated to Hart Island to
aug�nent the timited coverage levels currenily provided.
7.1.5 The SPYC will keeb the area desienated for boat stora�e clear of boats
and other eauipment in order to make it available for other uses durin�
the oeriod beeinnin� 7une IO and endint September 10 of each year
Anv SPYC boats that are required to be on land for maintenance
uumoses or that are otherwise not in the area as identified b the SPYC
and the Citv.
As of June 10 the Zand areas were largely clear of any boats and those
remazning on land were there for specific reason. The SPYC is tivoPking
with its membership to completely movelphase-out the boaters traiters
that have been previous[y stored at Harriet Island to sites off-site. Off=
site and screened storage is also being utilized for much of the SPYC
seasonal equipment (i.e. blacking, floats, materiads). This parkirzg area
is used to store some boat trailers and equipment for the other Harriet
Island vendoss (Padelford, No Wake Cafe, Minnesota Boat Club) which
had previousty been stared in ather park areas.
The majority of the lot is now completely clear of boats and equipment,
making parking available for boaters park users and Lilydale trc�il
users.
4'
���3�h
18 boats are currentZy on land:
- Z derelict boat (anticipated to be moved off-site within the month -
SPYC are negotiating a partial settlement of the delinquent account in
r for release of the boat and removat from the grounds)
- 4 traiZered land and launch boats (land and [nunch is being fazed out
on a case by case basis per the agreement)
- 2 Coast Guard boats
- 3 boats with liens or other issues related to the boat owners. Ail of
these boats will be removed as soon as the vartous Zegal processes
(Sheriff's notifzcation, title posting) will allow.
- 8 boats temporarily on land for needed repairs. 6 boats were lttunched
and removed due to mechanical problems, 2 baats have yet to be
Zaunched.
7.23 To keep the Marina Premises free of litter and accumulated trash
Cleanup of the site shall be accomplished on a twice-weeki, basis
The 5FYC docks and grounds are free of litter and trash. Dumpster
service is being maintained.
7.2.20 To remove all marina boaters' and visitors' discarded materials parts
and various debris to maintain the boat storage work and parkin2 area in
a clean and good condition in both harbors ali on a twice-weekl�basis
There are no parts or other materials abarxdoned in the SPYC designated
storage area. The SPYC staff inspect the grounds for trash and
discarded materials on a daily basis during the sunzmer season.
7.2.21 To conform to Citv State and Federal safetv health accessibility and
environmental laws and to cooperate with the approoriate agencies to
achieve such objectives.
There have been no reported violations of law, furthermore, a visual
inspection revealed no suspect activities. The SPYC fully complied wtth
all jurisdictional and regulatory agencies related to moving its gas dock
from the lower to the upper harbor.
If you have any questions about this report, please contact me at 266-6409 or
Mike Hahm at 266-6444.
u��
cc: Susan Kimberly
Mike Aahm
Peter Kramer, Commodore SPYC
G9SPIWP\COUNCIL1Counni SPYC report3.wpd
�-3b�
interdepartmental. Memorandum
CITY OF SAI�IT PAUL
September 18, 2000
TO
FROM:
Councii President Dan Bostrom
Council Member Jay Benanav
Council Member Jerry Blakey
Council Member Chris C leman
Council Member Pat Harn
Council Member Kathy Lan y
Council Member Jim Reiter , /
� /
Vic Wittgenstein, Director ' {
Division of Parks and Recreati
�ig)o.
�•'. �
��
'�`�`'� k-
�,,�,�, q ��
L•F'
�: Report regarding the Saint Paul Yacht Club's (SPYC) performance
on provisions 7.1.4, 7.1.5, 7.2.3, 7.2.20, and 7.2.21 of Lease
Agreement with the City of Saint Paul, Division of Parks and
Recreation (Item 33 of 9/20/00 City Council Agenda)
This report is being provided in response to the request from the Council of Apri17,
1999, concerning regular staff updates related to certain provisions of the agreement
between the Ciry and the SPYC.
Much of the construction at Harriet Island has concluded and the resulting renovation of
the park is impressive. The grand opening celebration on September 9, was well
attended and simply calling it a success would be an understatement.
In addition to completing some finishing details throughout the park, work continues on
the levee opening project. The stage construction has yet to begin. The board and staff
of the SPYC have provided cooperation and assistance throughout the entire Harriet
Island project. Since the most recent report to the Council on June 21, 2000, the
SPYC:
Participated in the grand opening celebration; lighted boat parade, informational
booth, transient dockage.
Continued beatification efforts related to its work/office area. Installed wooden
fencing to screen storage area from remainder of park. Made modifications to
the office and garage areas, improving appearances and function.
Scheduled gas dock availability to allow for fueling of the Padelford fieet
vessels, removing this activity from the river promenade.
��'
• Facilitated improvements to the safery and securiry of the parking area that they
utilize. Instailed black vinyl coated fencing, replacin� wooden "snow fence".
The following suminarizes specific SPYC performance related to the referenced provisions.
7.1.4
sliD holders onlv. The SPYC mav if aereed to and authorized by the
written anproval bv the Citv store boats other than those of its slip
hoiders on a space available basis The Ci� shall maintain and repair
the surface of the said boat storaee area so that it is suitable for the
transport and storage of boats su�ect to the obli¢ation of SPYC to
maintain the Marina Premises in a safe condition under paraera h� 7 2 1
of this Lease Aereement The fore�oing ohli�ation of the Citv does not
create or vest in anv third partv or user of the Marian Premises a ri hp t or
cause of action aeainst the Cit arisin� out of the condition of the boat
storaae area.
Winter storage for the 00/01 season has begun, and as the weather turns
toward seasonable conditions, related activity will increase. The SPYC
has formed a committee £o address continuing problems with security of
personal property during the storage season. The SPYC has approached
the Division about the concept of "buying" additional security that would
be dedicated to Harriet Island to augment the limited coverage levels
currently provided.
7.1.5 The SPYC will keep the area desienated for boat storaee clear of boats
and other eouipment in order to make it available for other uses during
the period be i�ne June 10 and endine Seotember 10 of each vear
Anv SPYC boats that are required to be on land for maintenance
ourooses or that are otherwise not in the area as identified by the SPYC
and the Citv.
During the boating season, the Zand areas were Zargely cZear of any
boats. Boar trailers were confzned to a designated area and the SPYC is
working with its membership to completely move/phase-out the boa!ers
trailers that have been previously stored at Harriet Island to sites off-
site. Off-site and screened storage was utilized for much of the SPYC
seasonal equipment (i.e. blocking, floats, materials). This parking area
is also available for use by the other Harriet Island vendors (Padelford,
No Wake Cafe, Minnesota Boat Club) for storage of boat trailers and
equiprnent which had previously been stored in other park areas.
vl ����
l
772e majority of the Zot was available for use during the Harriet Island
grand opening celebration for event parking. Otherwise, the lot was
available for boaters, park users and LiZydale trail users.
Only 3 boats are currently on Zand for unapproved reasons:
- 1 derelict boat (considered to be abandoned during the season) SPYC
is actively participating in the process necessary to dispose of the boat.
- 2 boats that have been "impounded" by the SPYC for norz payment of
fees.
The SPYC staff have been diligent in their work to resolve these and
similar issues and remove boats in a timely manner. This has proven to
greatly improve the appearance of the storage area/parking lot from
previous circumstances.
7.2.3 To keeD the Marina Premises free of litter and accumulated trash
CleanuD of the site shall be accompiished on a twice-weekly basis
The SPYC docks and grounds are free of litter and trash. Dumpster
service is being maintained.
7.2.20 To remove all marina boaters' and visitors' discarded materiais arts
and various debris to maintain the boat storate work and arkin area in
a clean and eood condition in both harbors all on a twice weekl basis
There are no parts or other materials abandoned in the SPYC designated
storage area. The SPYC staff inspect the grounds for trash and
discarded materials on a daily basis during the summer season.
7.2.21 To conform to Citv State and Federal safetv health accessibilit �} and
environmental laws and to cooperate with the a�Qro riate a�encies to
achieve such objectives
There have been no reported violations of law, furthermore, a visual
inspection revealed no suspect activities.
If you have any questions about this report, please contact me at 266-6409 or
Mike Hahm at 266-6444.
VW
cc: Susan Kimberly
Mike Hahm
Peter Kramer, Commodore SPYC
G:�SMWP�CWNCiL\Couxii_SPYC report4.wpd
Council File # qq - 3cG
ORIG{NAL
RESOLUTION
OF SAINT �AUL, MINNESOTA
Green Sheet # __�j?',�QG
33
Presented By
Referred To
Committee: Date
1 WF�REAS, the City has a Lease Agreement with the Saint Paul Yacht Club (SPYC) that
2 allows SPYC to use public property to operate a marina at Harriet Island Regional Park (the
3 Parkj, which benefits the public by offering a range of recreational opportunities relating to
4 boating, which opporttxnities have been continuously provided by SPYC since 1912; and
WHEREAS, the redevelopment of the Park includes the relocation of SPYC facilities
within the Park and requires a new Lease Agreement between the City and SPYC to
accommodate the changes, which new Lease Agreement will supersede the current lease; and
10
11
12
13
14
15
16
17
18
19
20
21
22
WHEREAS, the Council authorized City officials to enter into a Lease Agreement on
February 24, 1999, and after that further discussions occurred between the City and SPYC
regarding the terms of the said Agreement; now, therefore, be it
RESOLVED, Uiat the City officials, who are required by law to execute such a new Lease
Agreement, aze hereby authorized to execute only the attached Lease Agreement with SPYC as it
has been amended since Febniary 24th; and, be it
FURTHER RESOLVED, that the City Counc3l requests that the Parks and Recreation
staff report to the Council on June 1 and September 1 of each year of the Inifial Lease Term and
any Extended Lease Terms regarding the SPYC's performance on the following specific
provisions contained in such Lease Agreement: Paragraphs 7.1.4, 71.5, 7.23, 72.20, and
7.2.21.
�
by Department of:
,v � ��Cr � � �� ..J
$Y i i `
Form Ap'r� ed by City
Adoption Certified by Council Secretary
By: / /} /
Approved by v Date 'C 7<�Y �
By: >i
Adopted by Council: Date ��,__��q�
� � �!. /. / / A � l ►� �� f 4 : f � l �' /
GREEN SHEET
Chris Coleman 266-8620
NIAIBBi FOR
RWiillG
TOTAL # OF SIGNA7URE PAGES
Execution of a new lease agreement with the City of Saint Paul and the Saint Pau1 Yacht
Club, as it has been amended since February 24, 1949.
PIANNING COMMISSION
CIB COMMITPEE
CIVIL SERVICE CAMMISSION
I,ease agreemene with the City of Saint Paul and the Saint Paul Yacht Club has been
amended.
Lease agreement will be executed.
s�vawrnces
None.
ur�u,re.rw�ECrae
� CRYATfOMMEY � CRYqiRK
❑qiI�NUM1liOtVILFiWt ❑RNNG�L3�NfKCiG
�IUVORfaRASASrNrt�� ❑
(CUP ALL IOGATIONS FOR SIGNATURE)
RSONALSERYICE fANTRACfS MUST ANSWER THE FOUAWING QUES'RONS:
tiaz Nils Pe�soMrm ever wuked urxlera contract for thie departmenl?
YES NO
Has Mis P��Mrm ever hean a odY MWhYee7 �
YES NO
Daes this D�� 9� a slall not rwrmal�YP�ed bY �Y curteM cfty employeel
YES NO
Is thie per�rtn a tarpetecl vendo/1
YES NO
✓
4�t- 3oG
No s23os
arccawc�.
Lease agreement will not be executed.
'AL AM1IOUNT OF TRANSACTION S
COST/REYQlUE BUQQETED (GRCLE ONE�
YES NO
DIN6 SOURCE
tc�u tt�oatannoH (EC�wM
ACTNITY NUMBER
V�i.���.�.,'�e 5?.m�i�GYa,',i,e"�r°x�,°,f
�iq .
Siumnary of Revisions to February 24 Draft of Lease Agreement:
Term of the Lease,. p. 2
The initial term is 15 yeazs, with one 10 year extension.
The City does not have to agree to an extension of the lease (1) if the SPYC is in breach of the
lease, or has had a significant history of failure to comply with vatious material terms and
conditions of the lease, or (2) if the Mayor and Council pass a resolution indicating an intent to
change the use of the Marina, or adopt a redevelopment plan that changes the use of the Mazina.
If none of the foregoing aze present, the City must agree to the renewal.
C� Representation, �. 3
The draft affirms that there is nothing in the title restrictions which prevents the use of the
property for the purposes of the lease.
Citv Notice Rec�uirement, p 7
The draft requires the City to tell SPYC of conditions discovered in its inspections of the marina
that �couid lead to rion-renewal of the lease, so that SPYC has an oppottunity to correct them.
qg•3oG
LEASE AGREEMENT
This Lease, effective as of , 1999 by and between:
CITY OF SAINT PAiJL, hereinafter called "CITY"
m
SAINT PAUL YACHT CLUB, INC., hereinafter called "SPYC",
hereinafter yointly called "Parties", and also individually called "Party".
WITNESSETH:
VJHEREAS, the CITY is the owner of certain real estate adjoining the Mississippi River
commoniy known as Hamet Island which contains a"Lower Harbor" outlined by a black dashed
line on attached E�ibit A and "Upper Hazbor" outlined by a black dashed line on attached
Exhibit B; and
WIiEREAS, the CITY as Lessor, and the SPYC entered into a certain Lease Agreement
dated June 1, 1992 whereby the SPYC was ganted the right to operate a marina facility on said
Lower and Upper Harbors of Harriet Island ("Marina Premises"); and
WHEREAS, since June i, 1992 certain changes have occurred and aze underway which
wiil enhance Harriet Island as a recreationai facility which precipitates a new Lease Agreement
between the Parties to accommodate the changes to Haniet Island; and
WHEREAS, the Parties believe it is in their mutual best interest to enter the within Lease
Agreement for Marina Premises which wi11 replace and supersede the Lease Agreement dated
June 1, 1992.
STATEMENT OF PURPOSES
PARTIES acknowledge and co�rm:
Both Parties desire to provide safe and affordable boating to the public at Harriet Island
and have worked cooperatively ta accomplish this objeetive at Harriet Island since 1912;
and
Both Parties desire to use Hairiet Island park area as efficientiy as possible, be
environmentally sensitive and ta maintain an aesthetically beautiful public attraction; and
I:\USERSIBYRNE�COLEMAMIease fin Mazch 16, 1999
qq-3CG
The CITY is under title restriction on Harriet Island 1'uniting the use of the land for
certain permitted recreational uses; and
The CITY has been issued certain pernuts for the operation of a marina facility on Marina
Premises of Harriet Island; and
The SPYC has occupied Harriet Island since 1912, duriug which time the SPYC has
continually satisfied the public recreafional use criteria by ptoviding public access for
recreational boating, docking and boat storage for the citizens of 5aint Paul; and
The PARIIE5 believe it is in the best interest of the public for the SPYC to continue to
operate a marina facility on Marina Premises of Harriet Island.
II
TERM
21 T� The initial term of this Lease sha11 be for fifteen (15) years ("Initial Lease Term"),
commencing on the first day of the month immediately following the execution of this
Lease Agreement. By way of example, if Lease Agreement is signed on the l0t'' of
September, the "Coznmencement Date° shall be October 1.
2.2 Renewal Options. The SPYC and the CITY may extend this Lease Agreement for an
additional period of ten (10) years ("Extended Lease Term") which will automatically
rer_ew unless the SPYC and/or CITY notifies the other, in writing, of its intent not to
renew the Lease Agreement at least twelve months prior to the expiration of the then
current term. The CITY shall not be obligated to agree to such renewal if the SPYC is in
breach of any of the terms and conditions of this Lease Agreement or if there has been a
recur!ing pattern or practice by SPYC of failure to comply with the material terms and
materiai conditions of said Lease Agreement whether or not such failures were breaches
thereof or were cured; provided, however, that in the absence of such a breach or pattern
or practice of failures, the CITY shail approve the renewal request unless (a) the Councii
sha11 have passed and the Mayor approved a resolution evidencing the intent of the
Council and mayor to cl�ange tlte use of all or part of the Marina Premises, or (b) the
CTTY has adopted a development plan that changes the function or use of ali or part of
the Marina Premises. All terms and conditions of this Lease Agreement applicable to the
Initial Lease Term sha11 remain in effect far the Extended Lease Term, except to the
ea�tent othercvise agreed by the parties in writing.
23 If SPYC has installed or made improvements to the Marina Premises after the
Commencement Date of this Lease Agreement and if this Lease Agreement is not
renewed pursuant to the provisions of Section 2.2 because of an action or election on the
part of the CITY, the CITY shall assume the obligation to pay the non-delinquent balance
of the cost of such unprovements, including the non-delinquent outstanding principai
I'lUSEAS�SYRIQE.\COLEMAMIease.fin Mamh 16,1949
qq•3o�
balance of any loan incurred for the financing thereo£ "Improvement" as used herein shall
not include any movable fixtures or equipment, but shall inciude docks, stair casing,
fencing and fueling facilities.
2.4 The Lease Agreement between the CITY and SPYC dated June i, 1992, under which
SPYC has leased certain Marina Premises from the CITY, is hereby rescmded, effective
upon the Commencement Date of this Lease Agreement. All claims arising under such
1942 Lease aze hereby extinguished as between the parties herein upon the
Commencement Date of this Lease Agreement.
III
M1IRINA PRENIISE5 DEFINED
3.1 Marina Premises include azeas commonly referred to as the lower and upper harbors of
Harriet Island Regional Park as illustrated in E�ibits A and B.
3.2 The Marina Premises remain public spaces, however, the pubiids access to certain areas
may be prohibited for reasons of public safety and basic security concerns. The SPYC
shall, prohibit generai public access to its docking areas (indicated by blue lines on
Exhibits A and B) and maintenance compound (indicated by red lines on E�ibit B).
3.3 Public access to the area designated for boat storage (indicated by green lines on E�ibit
B) shall also be restricted ox limited for reasons of public safety when boats are being
stared, transported or otherwise present. In areas where boats are not stored and at times
of the ;zear when boats are not being stored, public access will not be impeded and the
azea will be availabie for use for managed pazking for special events as well as general
park use. The CITY retains the right to direct, from time to time, the SPYC as to which
specific areas within the boat starage area shall be open for general public access,
provided that any such direction shall meet the need for safe and secure boat storage.
3.4 The CITY wili wark in good faith to make auailabie an additional one-half (.5) of an acre
of land that is contiguous to the area defined in e�ibit B(upper harbor) for the purpose
expanding the Marina Premises. The CITY will make this additional area available for
SPYC use on or before October 1, 2001, provided, however, that foregoing requirement
does not obligate the City to acquire any properiy or site by pwchase or eminent domain,
nor to vary or infringe any terms or conditions imposed by title restrictions. Such
additional land sha11 be subject to the terms and conditions of this Lease Agreement as
part of the Marina Premises, specificaliy the boat storage area on Erlubit B, which shall
be re-drawn to reflect the inclusion. The CITY affirms that nothing in the title
restrictions for such property prevents its use for the forgoing purposes, and that such
property is the preferred site for the expansion referenced herein.
I:\USERS�SYRNECOLEMAMIease fin Mazoh 16, 1994
°lq -306
3.5 The SPYC is awaze of the CITY's plans to make future unprovements and modifications
to the upper harbar Marina Premises as part of a lazger redevelopment of Han•i.et
Island/Lilydale Regional Park and acknowledges that such a redevelopment may involve
a reconfiguration of the d'unensions and layout of the on-land Mariva Premises as they are
illustrated in Erlubit B. In the event that an azea is reconfigured, the CITY will make
land that may be a combination of ffie park land that is occupied by the SPYC at the time
when said reconfigtuarion is initiated and adjacent public park land in substantially the
same area available to the SPYC to be used for the purposes of boat storage and its
maintenance compound in aznounts equal to the lands that aze available to the SPYC at
the time any such reconfiguration is initiated (as shown on the e�sting or a future
modification to Eachibit B). The CITY will work with the SPYC in planning and
initiating any reconfiguration. If the Marina Premises are reconfigured at any time,
Eathibit B will be r�drawn to reflect the changes. This clause is independent of 3.4, and
therefore does not in way �cuse or substitute for the CITY's obligations contained
therein. The foregoing requirement does not obligate the City to acquire any property or
site by purchase or eminent domain, nor to vary or iufi•iuge any terms or conditions
imposed by title restrictions. Land which is included within the Marina Premises under
the tertns of this paragraph shali be subject to the terms and conditions of this Lease
Agreement.
3.6 All park lands {including pazking areas) other than those defined as Marina Premises are
not governed in any way, implied or othenvise, by this Lease Agreement and remain
under the sole control and jurisdiction of the CITY.
3.7 Both Parties acknowledge that the CITY's future plans for Harriet IsIand/Lilydale
Regionai Park include a proposed bicycleJpedestrian path along the river's edge; and that
a bridge is contemplated to span the entrance of the Upper Harbar entrance to the upper
hazbar as it connects the Harriet Island path with those upstream towards Lilydale.
Cunently, this path is proposed to pass through azeas indicated on Exhibit B as Marina
Prem?ses. The CITY agrees to work with the SPYC in making provisions so that the
proposed bridge is designed and built to protect the operational functions of the Marina
Premises, specifically so that it wiil not interfere with regular access by boats moving in
and out of the upper harbor.
3.8 The area designated for boat storage includes lands above a storm sewer line that is
maintained by the CITY. If the CITY determines in its discretion that maintenance or
other work is required on such line or sewer facilities, the SPYC shall move all boats and
other equipment spec3fied by the CITY within a reasonabie time period as specified by
the CITY. In such an event, the CITY will assist the SPYC by identifying alternative
azeas for temporary boat starage within e�sting park lands, but shall incur no financial
obligation for moving such boats and equipment. No improvements or immovable
fixtures shall be constructed or placed by SPYC in any location that wouid interfere with
repair, replacement, maintenance or other work of such sewer line or related facilities.
t� I:lUSE1tS1BYRIS�IWLEMA1VVeasefin March Ib, 1999
9R - 306
SPYC shall be obligated to consult with the CITY before constructing any unprovements
or fiYtures over ar near such sewer line. An itnprovement far the purpose of this
pazagraph and this Lease Agreement shall be a permanent addition to or permanent
betterment of real properry thaf enhances its capital value, and does not include ordinary
repairs or maintenance.
N
PERMITTED USE
4.1 The SPYC shall have the exclusive privilege of operating a marina facility on Marina
Premises; and to generally carry on and engage in normal activities which ate incidental
to the operation of the marina.
4.2 The SPYC may engage in activities inciuding but not limited to slip rental, launching,
hauling and winter storage of boats, sale of fuel and marine supplies and repairs.
4.3 The SPYC may not operate or engage in activities related to a commercial repair garage
nor may it act as a boat dealership or brokerage.
V
RENT
5.1 The SPYC shall pay as "Rent" an amount equal to twelve and one-half percent (12.5%) of
gross revenues received by SPYC from suumier and winter dockage and storage fees, less
the credit, if any, allowed pursuant to paragraph 5.6 of this Lease Agreement. Any unused
portion of such credit, if any, shall not be carried over from calendar year to calendar
year.
51.1 Notwithstanding the foreaoing or any other term or provision of this Lease
Aa eemettt to the contrary except 9.4, SPYC shall pay an annual minimum fee to
the CITY based on the following schedule:
Years 1-10 $24,000
Years 10-15 A sum equal to the five year average of rents (without
reduction for credits under paragraphs 5.1 and 5.6) paid in
years 6-10 of the Initial Lease Term.
Extended Lease Term A sum equai to the five year average of rents (without
reduction for credits under paragraphs 5.1 and 5.6) paid in
years 1Q-1 S of the Initial Lease Term.
The minimum fee will be payable in two installments on June 1 and December 15
of aach yeaz, prorated as and if necessary for less than full calendar years.
I'\USERSIBYRNFICOLEMAIJUease.fin March 16, 7999
q9•3��
5.2 The SPYC map not increase Yhe discaunt it offers to its slipholders based on SPYC
memberslrip status past the current discounting levels of $200 for dockage rates and $100
for winter storage rates unless it receives written approval from the CITY. T'he term
"discount" includes any reduction in storage or dockage fees however described.
5.3 The CITY has a right to inspect all books and records pertaining to the operarion of the
marina by the SPYC. The CITY sha11 be granted inspection of said books and records by
providing the SPYC with written norice, whereby the SPYC shall have fifteen (15) days
to provide such information to the CITY.
5.4 The SPYC shail retain an e}rternal-auditing firm to perform an annual audit of its
fmancial operations. The audit shall be performed in accordance with generally accepted
accounting principles and shall show ali revenues received and expenses paid far the
SPYC's operations for the previous yeaz. The SPYC shall provide the CITY with a copy
of its annual audit no later than April 15 of the next year following the audit.
5.5 If an audit for the preceding year shall show a variance between the amount actually paid
and that which is due, that amount sha11 be either paid to the CITY by the SPYC no later
than Aprii 15�' of the next year following the audit period if an additional amount is due;
or the SPYC shall be entitied to a credit against Rent to be deducted from the next
payment due the CITY if an overpayment was made. Provided, however, that if the
Lease Agreement expires or is temunated and the audit sha11 determine an overpayment
the final year, the SPYC sha11 be entitled to a refund from the CITY for overpayment of
Rent. In the case of underpayment, the SPYC will pay the CTTY the amount of the
underpayment.
5.6 The parties may propose to each other that the SPYC undertake work or projects for the
betterment of Marina Premises and Harriet Island pazk azea (where the CITY has the
primary responsibility). If the CITY specifically consents in writing to the estimate and
pians for such work or project submitted by SPYC, the SPYC shall be entitled to a credit
against its annual Rent payment under paragraph 51 of this Lease Agreement for such
work perfozmed or such projects undertaken. Credits earned for this purpose shall not be
carried over from one year to the following year unless the SPYC receives written
approval from the CITY for such carryover. No credit shall be allowed by the City for
any work or project if such work ar project was solely or substanfiallp far the benefit of
SPYC or of users of the Marina Premises, ar if the benefit to the public at large is purely
incidental.
VI
CONSENT TO IMPROVEMENTS
61 No improvements or immovable fixtures can be made, instalied, added or constructed by
SPYC on or to the Marina Premises after the Commencement Date without the written
6 I:\USERS\BYRNE\COLEMAMIease.5n Mazch 16, 1999
qq-3o6
consent of the City. The City may require such informarion to be supplied by SPYC as
will enable the City to detemune whether to consent to any proposed 'unprovements or
iuunovable fia�tures.
6.2 The SPYC shall undertake no reconstrucrion, alterations, repairs or replacements of
e�sting unprovements, fixtures, facilifies or equipment on or in the Marina Premises,
which causes or constitutes a permanent change in the CITY properiy underlying the
Marina Premises or adjacent to it, thereto, without the written consent of the City.
6.3 An improvement for the purpose of pazagraphs 6.1 and 6.2 shall be a permanent addition
to or permanent betterment of real properry that enhances its capital value, and does not
include ordinary repairs or maintenance.
6.4 The CITY's response to a request for consent under paragraphs 6.1 and 6.2 shali be given
in a reasonable time. The consent of the CITY to a request under paragraph 6.2 sha11 not
be unreasonably withheld.
VII
COVENANTS AND UNDERTEIKING
71 The Parties covenant, agree and acknowledge that each shall provide the following
equipment and services:
7.11 The CTTY shall provide and maintain a travel lift well and the SPYC shall
provide, operate and maintain the travel lift.
7.1.2 The CITY shall periodically inspect the marina faciliry and inform the SPYC in
writing of any conditions requiring attention as may be required to comply with
the obligations under Lease Agreement, and of any conditions necessary to retain
eligibility for lease renewal under Section 2.2 of this Lease Agreement.
7.1.3 The SFYC shall undertake no major improvements, construction or alterations to
Mazina Premises without the prior review and approval of the CITY.
7.1.4 The SPYC shall be permitted to store boats and other water craft on the area
designated on E�ibit B. Winter storage shall be available to SPYC slip holders
only. The SPYC may, if agreed to and authorized by the written approval by the
CITY, store boats other than those of its slip holders on a space available basis.
The City shall maintain and repair the surface of the said boat storage area so that
it is suitabie for the transport and storage of boats, subject to the obligation of
SPYC to maintain the Marina Premises in a safe condition under paragraph 721
of this Lease Agreement. The foregoing obligation of the City does not create or
I:\USERS�BYRNEICOLEMANVeaze.fin Mazch 16, 1999
°!9 - 3pG
vest in any third party or user of the Marina Premises a right or cause of action
against the City arising out of the condition of the boat storage area.
7.1.5 The SPYC will keep the azea designated for boat storage cleaz of boats and other
equipment in order to make it available for other uses during the period begivuing
June 10 and ending September 10 of each year. Any SPYC boats that are required
to be on land for maintenance purposes or that aze otherwise not in the hazbors
during this specified time will be confined to a portion of the boat storage area as
identified by the SPYC and the CITY.
7.1.6 The CITY shall provide the SPYC with the CITY's accident report forms. These
forms shall be completed by SPYC representatives in instances where accidents
on or near the Marina Premises are reported to or witnessed by SPYC
representatives. The SPYC shall deliver completed reports to the CITY within
five working (5) days following an accident on or neaz the Marina Premises.
7.1.7 The SPYC hereby agrees to defend, indemnify and hold the CITY and any of its
officers, agents and employees hannless from any claims, damages, or causes of
action arising from the use and operations of Marina Premises by SPYC, its
agents, officers, or employees. The SPYC shall provide at its own cost and
expense, liability insurance naming the CITY as an additional insured thereon.
Insurance shall cover injury to persons or property in an amount not less than the
limits of the CITY's liability as set forth in Minn. Stat. §466.01 et seq (currently
$300,000 individual, $750,004 aggregate, with the aggregate limit increasing to
$1,000,000 on January 1, 2000). SPYC shall provide evidence of such coverage
to Che CITY annualiy. Nothing in this provision shail be construed in any manner
as a waiver by the CITY of its statutory limits of liability, immtuuties or
exceptions. SPYC shall be obligated to maintain such coverage in full force and
effect at all times that this Lease Agreement is in effect, and failure to do so shall
be a breach thereof.
7.1.8 All assets present and future paid far and owned by the SPYC, uniess furnished as
an improvement or immovable fixture on the Marina Premises, shali always
remain the property of the SPYC unless othercvise agreed to in writing by the
Parties (i.e. docks, lifts, trailers, temporary buildings, biocking, stands, spuds,
abcve ground gas tanks and piping, and tools and equipment). Present and future
items provided by the SPYC as such improvements or immovable fixtures (i.e.
pilings, dolphins, utility fixtures, and below ground tanks and lines) sha11 remain
as such on the Marina Premises.
71.9 The SPYC shall act as the primary rental agent for transient boaters at Harriet
Island Regional Park. All transient fees collected by the SPYC will be retained by
the SPYC.
I:\USERSIBPRN6ICOLEMAN�ease.fin March 16, 1999
°lq -�aG
7_110 The CITY will man� the Pubiic Dock in accordance with the provisions found
in Eathibit C.
7.1.11 Tlus Lease Agreement does not exempt the SPYC or its members from park rules
and regulations, except as may be provided elsewhere in this Agreement
7.112 The SPYC may neither operate nor commission the operation of vending
mz: hines that aze located on premises visible to andfor accessible by the general
public without the consent and written authorizarion of the CITY.
7.1.13 That in cases of emergency or disaster such as flood or other natural act, SPYC
will vacate Marina Premises if required and otherwise cooperate with directives
from the City's Superintendent of Parks and Recrearion, Fire Chief, Police Chief
ar other City official delegated such power due to the emergency. Related costs
shall be borne by SPYC unless otherwise negotiated. Further, SPYC will make
no claim against the City for lost revenues or added expenses due to this
temporary relocation.
7.2 The SPYC specifically covenants and agrees;
?.2.1 To maintain Marina Premises in a safe, ciean and orderly condition.
7.2.2 To inspect all docks on a regulaz basis to insure that they are in a safe condition.
The SPYC shail repair any conditions that cause the docks to be unsafe as soon as
possible.
7.23 To keep the Marina Premises free of litter and accusnulated trash. Cieanup of the
site shall be accomplished on a twice-weekly basis.
7.2.4 To store all equipment and other materials present on the Marina premises in an
orderly manner so that the appearance of the facility is clean and organized.
7.2.5 To cut the grass and maintain the immediate banks of Mississippi River to the
waterline adjacent to Marina Premises, marina parking areas and boat storage
areas as defined in E�ibit A and B. Tree maintenance and removal will remain
the responsibility of the CITY.
7.2.6 To provide an adequate number of trash receptacles in harbors of Marina Premises
to accommodate debris generated by boat owners and their visitors to the marina
and be responsible for the removal of that trash.
9 I.\USERS�SYRNh�COLEMAMIeue.fin Mazch 16, 1999
°lg•�cG
7.2.7 To maintain in safe and good condition the steps and access to docks in both boat
harbors.
7.2.8 To provide adequate ligi�ting for docks in both hazbors.
7.2.9 To install public telephones accessible to boaters and vfsitors to the marina in
each harbor.
7.210 To furnish temporary dockage for transient boaters visiting Saint Paui and
seasonal dockage for approved applicants and SPYC members.
7�.11 To furnish a minimum of 15� and a ma�mum of 175 boat slips as determined by
the SPYC . The mvcimum number of slips may not exceed the permit as issued
to the CITY by the Minnesota Department of Natural Resources.
7.2.12 To not enter into any business of constructing motor boats or other craft in the
harbors azound Harriet Island or adjacent land. Marina leaseholders with
approved dockage may engage in minor boat repair to their watercraft in the
marina, however any major boat repair work must be approved by the SPYC.
?.2.13 To engage in dock construction, painting, sandblasting in order to paint, welding,
carpenhy and other maintenance activities incidental to operating a marina. The
SPYC and the CITY sha11 jointly determine an area where this work may occur.
In addition, the SPYC sha11 provide a weather proof building to facilitate this
work to be located as agreed to bettveen the CITY and the SPYC.
7.2.14 To cooperate with and provide such facilities that ue necessary and appropriate
for CITY's Fire Department Harbor Patrol, U.S. Coast Guazd, Coast Guard
AuYiliary and Ramsey County Sheriff Water Patrol.
7.2.15 To maintain and use a mazina fuel storage and dispensing system. Said system
shali be under the direction and control of the SPYC and the SPYC shall be
responsible for the periodic, legaliy approved, testing of the tank. The SPYC
shall be responsible for the day to day maintenance of the tank to keep it in good
operating condition. The SPYC shall provide gasoline for sale to the boaters
during regular hours during the boating season and by prior appointment. The
SPYC shall be responsible far any spill or damage to land adjacent to the tanks
andlor any subsoil cleanup ordered by appropriate authorities.
7.216 That the SPYC shall provide the CITY with a copy of a11 agreements or contracts
between the SPYC and any parry who will assist the SPYC in canying out the
stipulations of this Agreement.
I Q IIUSERS�BYRNEICOLBMAN\Iease.fin Mazoh 16,1999
°l9 -9c�
7.217 To not rent space to any individual or entity whose primary purpose is to conduct
business at that location, or allow any of its membership to temporarily or
permanently conduct retail or couunercial transactions within the marina hazbors.
This does not preclude slip holders $om entertaining guests, nor does it prohibit
slip holders from conducting personal business or work related to their
employment while on theu boat.
7.2.18 To designate safe parking areas for automobiles in the westernmost Upper Harbor
parking lot while the SPYC is moving boats.
7.2.14 To provide a pump out facility for all boaters use during regulaz hours of the
normal boating season.
7.2.20 To remove a11 marina boaters' and visitors' discarded materials, parts and various
debris to maintain the boat storage, work and pazking area in a clean and good
condition in both hazbors ali on a twice-weekly basis.
7.2.21 To conform to City, State and Federal safety, health, accessibiliry and
environmental laws and to cooperate with the appropriate agencies to achieve
such objectives.
7.2.22 To compiy with State and Federal fair employment practice laws prohibiting
discrimination on the basis of an applicant's age, sex, race or physical status. This
also applies to persons seeking membership in the SPYC.
7.2.23 To use the SPYC policy (exhibit D) which has been approved by the CITY, that
sets up critexia fox slip assignments at the Marina. Furthex, it is understood that
residents of the City of Saint Paul on the waiting list by January 15�' of each year
sha11 be offered slips at the Marina each yeaz before siips are offered to non-Saint
Paal residents on the waiting list: Pending the Saint Pau1 applicant meeting other
slip assignment requirements.
7.2.24 The SPYC will annually fiunish the CITY with a roster of its Board Members and
Lease Holders prior to June 1 of each year of this Agreement.
7.2.25 To fiunish the CTTY with its proposed rates, including any related discounting,
for dockage, starage and other services on or before March 1 S` of each calendar
year. The CITY sha11 have the right to approve or disapprove of these rates and
discounis. The CITY shall not act arbitrarily or unreasonably witl�hold its
approval of the SPYC proposed rate or discounting structute. If the CITY fails to
respond to the SPYC to either approve or disapprove of said rates and discounting
within 30 days of its receipt of the proposed rate schedule, the proposed rates and
discounts shali be deemed approved by the CITY.
1 1 I:IUSERSIBYANE\COLEMAt3Uease.fin Maroh ]6,1999
al`t - 3 4 F
7.2.26 T`he SPYC agrees that its ability to perform and fulfill all of its obligations under
this Agreement shall not be hindered or delayed by the advent of the year 2000
and that it has made all reasonable, diligent and affirmative efforts to insure the
same. SPYC specifically agrees that, in addition to all other indemnifications
obligations undertaken pursuant to this Agreement, it wi11 also indemnify the
City, its officers, empioyees or agents, from all suits, actions or claims whether
brought by the City or by third parties, in any way related to the advent of the yeaz
2000 causing failure to carry out the terms of this Agreement.
7.2.27 That it sha11 not, in violation of any appiicable federal, state or locallaws or
regulations, pollute any air, soil or ground waters, or dischazge or release any
Hazardous Wastes, in, into, on, over or adjacent to the Marina Premises or the
Mississippi River, and that it shall take reasonable steps to prevent all members,
guests, transient boaters and other users of the Marina Premises from doing so. Any
such discharge or pollution, or failure to take reasonable steps to prevent such
discharge or pollution, which is in violation of any such applicable laws or
regulations, shall be a breach of this Lease Agreement. The SPYC shall also comply
with all applicable federal, state and local laws and regulations, including City
ordinances, relating to the control, handling, discharge ar release of said Hazardous
Wastes, and failure so to do shall be a breach of this Lease Agreement. In addition,
SPYC sha11 be obligated to use the Minnesota Pollution Control Agency Fact Sheet
#4.24 "Managing Marina Waste", published Apri18, 1996, as a general guideline for
its operations and shall work with its membership and siipholders to achieve
compliance with the guidelines 3n said Fact Sheet. The SPYC will incorporate
future updates of the Fact Sheet, when published by the MPCA, as guidelines for its
operation, when said future updates are available and known.
7.2.28 Hazardous Wastes, for the purpose of paragraph 7.2.27 above, shall be and include
all dangerous, toxic or hazardous contaminants, pollutants, chemical wastes or
substances as defuied in applicable federal, state or local laws or regulations, as those
may be amended from time to time.
73 The CITY specifically covenants and agrees:
73.1 To provide material and supplies in such amounts and quantities as the CITY shall
determine adequate for trees, shrubs, benches, signage, gortable toilets, asphalt,
gravel, grass, snow removal, police security, security fences, lighting and fire and
emergency services.
7.3.2 To provide electrical, telephone, water, sewer (to be available sometime in 1944) and
natural gas service on the leased premises with available access for installation and
hook up of marina facilities The SPYC is responsible for payment of all related bills
based on its usage and consumprion of said utilities for the duration of this
I Z I:IUSERS�BIRNE\COLEMANUease fin March 16, 1999
q9-3oG
Agreement.
733 To maintain pazking within Harriet Island Regional Pazk that serves the marina
premises as well as other areas and attractions within the park. The CITY will
maintain access thereto for boat owners at aii rimes, including during speciai events,
and properly inform the SPYC of any event that could hamper in any way access to
the leased premises. The CITY will develop and aclminister a parking plan for
Harriet Island Regional Pazk that (a) reserves 25 pazking spaces for use by live-
aboard slip holders, and (b) accommodates the need for SPYC members and
authorized guests, as recognized by the CITY, to park vehicles overnight in the Pazk,
providing as well for the necessary related ingress to and egress from the Marina
Premises.
7.3.4 To allow up to 175 slips for dockage, inciuding 25 slips for year round live aboard
usage.
73.5 To maintain the appropriate pernuts for the location and operafion of a marina at the
leased premises that may be required by law and to transfer all appropriate rights to
said permits to the SPYC for the duration of this lease. The CITY shall provide
copies of all such permits to the SPYC.
?.3.6 To give the SPYC prior notification of and provide for consultation with the SPYC
concerning and CITY projects which may affect the normal operations of the SPYC,
increase the SPYC's expenses, or cause a loss of revenue to the SPYC.
VIII
ADMINISTRATION
8.1 For the purpose of the administration of this Lease Agreement, the CITY's representative
sha11 be the Superintendent of Parks and Recreation and the SPYC's representative shall be
its Commodore. No other person except the Commodore of the SPYC may bind the SPYC
to any issue or undertaking by the SPYC under this Lease Agreement.
IX
DEFAULT(REMEDY
91 This Lease Agreement may be ternunated at any time by mutual assent of the Parties.
9.2 In the event that either pariy fails to perform any of the terms or conditions of this L,ease
Agreement, or violates any term or condition thereof, such failure ar violation shall be a
breach of the said Agreement. In the event of such a breach, the other pariy may give written
notice of the breach to the parry in breach. If the breach has not been cured or remedied
within thirty (30) days following the giving of such written notice, the other party may
j 3 I:\USERS�BYRNEICOLEMANVeaze.fin March 16, 1999
�t�t -� a�
terminate this Lease Agreement in its entirety.
93 In the event any provision contained in this Agreement should be breached by either parry
and said breach thereafter waived by the other parry, such waiver shall be limited to the
particular breach so waived and shall not be deemed to waive any other breach hereunder.
4.4 That neither Party will make any claim and waives any right against the other Pariy on
account of any loss or damage caused by acts of God, such as fire, water, windstorm, floods,
freezing, waz, civil unrest and other acts of God affecting the leasehold properry in
connection with its operation. The minnnum rent specified in pazagraph 51.1 of this
agreement shall be abated in any period during which the SPYC's operations are halted on
account of such acts of God as described within this paragraph.
9.5 No remedy herein conferred upon or reserved to either party under this Agreement is
intended to be exclusive of any other available remedy or remedies, but each and every such
remedy shall be cumulative and shall be in addition to every other remedy given under this
Agreement or now or hereafter existing at law or in equity or by statute. No delay or
omission to exercise any right or power accnung upon any default shall impair any right or
power or shall be construed to be a waiver thereof, but any such right and power may be
exercised from time to time and as often as may be deemed expedient.
9.6 No provision in this Agreement shall preciude the CITY from exercising its lawful power
of eminent domain over the leasehold estate established herein, or any part thereof, provided
that any exercise of said power sha11 be in accordance with a11 statutory and constitutional
requirements pertaining thereto.
9.7 This Lease Agreement sha11 be construed under flie laws of the State of Minnesota; and if
any pruvision or portion thereof, or the application thereof to any person or circumstances
sha11, to any ea�tent, be invalid or unenforceable, the remaiuder of this Lease Agreement shall
not be affected thereby, and each provision of this Lease Agreement shall be valid and
enforceable to the fullest extent provided by law.
X
NOTICES
10.1 Any notice, statements, bills or communications provided for herein shall be deemed
sufficiently given or rendered if in writing and either delivered to the other Party personaliy
or sent by certified mail address to the other return-receipt postage prepaid as follows:
AS TO CITY - Superintendent of Parks and Recreation
City of Saint Paul
300 City Ha11 Annex
25 W. 4�` Street
Saint Paui, MN 55102
1 [� L\USERS�BYRNE\COLEMAMtease.fin Mazch 16,1999
° l9 - 3a�
AS TO SPYC - Commodore, St. Paul Yacht Club
Harriet Island
100 Yacht Club Road #B 1
Saint Paul, MN 55107-2030
or such other address as the respective Parties shall designate in writing. The time of giving
such notice or communication sha11 be deemed to be the time when the same is actually
delivered to the other Party.
YI
MISCELLANEOUS
1 L 1 Captions and Heading, The captions and headings used herein are intended only for the
convenience of the reference and are not to be used in construing this Lease.
11.2. Entire Agreement. This Lease Agreement constitutes the fixll and complete agreement
between the Parties hereto and there are no other terms, obligations, covenants,
representations, warranties or conditions other than contained herein.
IN WITNESS HEREOF, the Parties have caused tlus Lease Agreement to be executed and
delivered in dupiicate as of the date appearing on page one hereof.
APPROVED AS TO FORM: CITY OF SAINT PAUL:
City Attorney
Mayor, City of Saint Paul
Superintendent of Parks and Recreation
Financial Services Director
SAINT PAUL YACHT CLUB:
Commodore
15 I:IUSERS�BYRNE\COLEMANUease fin Mzrch 16, t999
g9•3c�
Eahibit C
(Criteria governing the management and use of the Public Dock)
11 Transient Boats The Public Dock will not function as competition for the SPYC ttansient boat
business. Overnighting boats will be located in the marina harbors whenever
possible. Overnighting boaters that aze registered overnight guests at the
floating bed & breakfast will be permitted to overnight their boats on the
Public Dock
In the event that a transient boat must overnight on the dock (late arrivals, fuil
harbors}, it will be permitted on the outside edge of the dock only.
21 Use of the
Inside of Dock
The SPYC will retain all transient fees that it collects.
Boats that may tie-up to the inside of the dock will be limited to those of
a ma�cimum width of 10 feet (see attached illustration). Larger boats may tie
up to the outside of the dock only.
Overnighting in most cases will be limited to the outside of the dock. This
is to avoid navigational conflicts with the neighboring SPYC dock.
31 Locating r acilities The CITY wili not locate a restaurant or other public facility along the inside
edge of the dock other than in the area begim�iug from where the dock meets
the shore to the point where the inside edge of the dock first drops to a lower
tier (see attached illustrafion).
4 Si na e
The City will limit the width of facilities to be located within this defined
azea to a maximum of 34 feet. This is to minimize potential navigational
conflicts with boats located along the neighboring SPYC dock.
The potential location of any facility along the outside edge of the dock is not
affected by these criteria.
The CITY will post signage reflecting the previous information as well as
dock hours (not to exceed park hours), reporting procedures for transients,
etc.
The CITY will work with the SPYC in developing and locating signage.
16 I�USERS�BYRNE\COLEMAMIease.fin March ib, 1999
ag-���
Interdepartmental Memorandum
- � _.�_. .,��
CITY OF SAINT PAUL
DATE: March 16, 1999
TO: Chris Coleman
Clayton Robinson
Tom Fabel
Vic Wittgenstein
PROM: Phil Byrne��7
�� %
RE: SPYC I,ease
�� ; 1 7 ���3
CC?rJr�G`; ;.�c�t3�R
C.h'R:'S CC�LE��4!V
Attached are copies of the I.ease with the changes after February 24, a short sununary of
those changes, and a council resolution for use in authorizing execution of the I,ease.
.. .. .,,
interdepartmenta{ Memarandum
CITY OF SAINT PAUL
September 1, 1999
T0: Council President Dan Bostrom
Council Member Jay Benanav
Council Member 7erry Blakey
Council Member Chris Coleman
Council Member Mike Harris
Council Member Kathy Lantry
Council Member Jim Reiter
FROM: Vic Wittgenstein, Director o� � v
Division of Parks and Recreation
C ,�. �,q-3c��
��1
�v-, �"/ �U
RE: Report regarding the Saint Paul Yacht Club's (SPYC) performance
on provisions 7.1.4, 7.1.5, 7.2.3, 7.2.20, and 7.2.21 of Lease
Agreement with the City of Saint Paul, Division of Parks and
Recreation (Item 21 of 9/1/99 City Conncil Agenda)
This report is being provided in response to the request from the Council of April 7,
1999, concerning regular staff updates related to certain provisions of the agreement
between the City and the SPYC.
Harriet Island is currently in the midst of a major renovation project. This renovation
included the relocation of the SPYC's on-land operations from near the lower harbor to
the upper harbor. The SPYC has been extremely cooperative and accommodating in
working with the City and our coniractors throughout the construction project this
summer. Although the appearance of Harriet Island reflects the construction work that
is proceeding, the SPYC has made changes to its operation required by its new
agreement with the Ciry. I believe the board and staff of the SPYC are committed to
abiding by the provisions in the agreement and being positive contributors to Harriet
Island.
�
c F `tq - �
The following summarizes specific SPYC performance related to the referenced provisions.
7.1.4 The SPYC shall be vermitted to store boats and other water craft on the
area de si¢nated on E�ibit B. Winter stora shall be available to SPYC
slip holders only. The SPYC mav. if aereed to and authorized by the
written a�proval b�the Cit�store boats other than those of its slip
holders on a space available basis. The Cit,�shall maintain and repair
the surface of the saad boat storage area so that it is suitable for the
transport and stora�e of boats subject to the obli�ation of SPYC to
maintain the Marina Premises in a safe condition under paraeraph 7.2.1
of this Lease Ag_reement. The foreg,oine oblieation of the City does not
create or vestin any third party or user of the Marian Premises a right or
cause of action a�ainst the Citv arisin�out of the condition of the boat
stora ee area•
Winter storage for the 99/00 season will begin shortly. This will be the
fzrst season in which boats will not be stored on land at the lower
harbor.
7.1.5 The SPYC will kee� the area desi¢nated for boat storage clear of boats
and other equipment in order to make it available for other uses durine
the period beginnin¢ June 10 and ending September 10 of each vear.
Anv SPYC boats that are required to be on land for maintenance
pumoses or that are otherwise not in the area as identified by the SPYC
and the Citv.
At the end of August the land areas were largely clear of any boats.
Boaters trailers that have been previously stored at Harriet Island have
been moved off site. Off-site storage is aiso being utilized for much of
the SPYC seasonal equipment (i.e. blocking, floats, materials).
Throughout the entire summer the south and east portions of the lot were
completely clear of boats and equipment, making parking available far
boaters and Lilydale park users.
16 boats are currently on Zand:
- 3 derelict boats (one that is scheduled to be moved off-site today;
another that has had a recent change in ownership and wilt be removed
next week)
- 7 trailered land and launch boats (land and launch to be fazed out next
season per the agreement)
- 2 boats that were removed thzs week for the season
- 4 boats temporarily on Zand for needed repairs
. y
�t�-�o�a
7.2.3 To kee�the Marina Premises free of litter and accumulated trash.
Cleanup of the site shall be accomplished on a twice-weeklv basis.
The SPYC docks and grounds are free of litter and trash. Dumpster
service is being maintained.
7.2.20 To remove all marina boaters' and visitors' discarded materials, parts
and various debris to maintain the boatstora�e. work and parkins area in
a clean and good condition in both harbors all on a twice-weekly basis.
There are no parts or other materials abandoned in the SPXC designated
storage area. The SPYC staff inspect the grounds for trash and
discarded materia[s on a daily basis during the summer season.
7.2.21 To conform to City. State and Federai safetv. health, accessibilitv and
environmental laws and to cooperate with the appropriate agencies to
achieve such objectives.
There have been no reported violations of law, furthermore, a visual
inspection revealed no suspect activities. The SPYC is curren£ly working
with various regulatory agencies related ta moving its gas dock from the
lower to the upper harbor.
Since the new agreement between the City and SPYC has been in effect, the SPYC has
been very cooperative in its compliance efforts and in responding to requests from the
City. The SPYC is continuing to take action to ensure this compliance by modifying
club rules and member agreements that will be in place for the 2000 season to reflect
the provisions of the new agreement.
Division staff will continue to work with the SPYC related to the coordination of the
Harriet Island construction during the fall and the Winter.
If you have any questions about this report, please contact me at 266-6409 or
Mike Hahm at 266-6444.
VW
cc: Susan Kimberly
Mike Hahm
Truman Howell, Commodore SPYC
G:�SPIWPICOUNCIGCauncil_SPYC repon2.wpd
ORl i AL
Presencea By �
RESOLUTION
OF SAINT �AUL, D�IINNESOTA
Council File # 99 - 30�
C:reen Sheet # �G
3�t
Refeaed To
Committee: Date
1 VJHEREAS, the City has a Lease Agreement with the Saint Paul Yacht Club (SPYC) that
2 allows SPYC to use public properiy to operate a mazina at Harriet Island Regional Park (the
3 Park), which benefits the public by offering a rauge of recreational opporlunities relating to
4 boating, wluch opportunities have been continuously provided by SPYC since 1912; and
5
6 WHEREAS, the redevelopment of the Pazk includes the reloca6on of SPYC facilities
7 within the Park and requires a new Lease Agreement between the City and SPYC to
8 accommodate the changes, which new Lease Agreement will supersede the current lease; and
4
10
ii
12
13
14
15
16
17
18
19
20
21
22
WHEREAS, the Council authorized City officials to enter into a Lease Agreement on
February 24, 1999, and after that further discussions occurred between the City and SPYC
regazding the terms of the said Agreement; now, therefore, be it
RESOLVED, that the City o�cials, who are required by law to execute such a new Lease
Agreement, aze hereby authorized to execute only the attached Lease Agreement with SPYC as it
has been amended since February 24th• and, be i�- -- —_.�_
f FURTI�lt I2ESOLVED, that the City Council requests that the Parks and Recrea'b �^
staff report to the Council on June 1 and September 1 of each yeaz of the Initial Lease Term an
any Extended Lease Terms regarding the SPYC's performance on the following specific
provisions contained in such Lease Agreement: Paragraphs 7.1.4, 7.1.5, 7.2.3, 7.2.20, and
7.2.21.
���� d by Depastme of: �--
' 71-/ .5 �'V � �l ���' r � / /t .✓
By: (�.
Form Appr�ved by City ja rney
Adopted by Council: Date
�� \�� By:
Adoption Certified by Covncil Secretazy
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The following summarizes specific SPYC performance related to the referenced provisions.
7.1.4 The SPYC shall be permitted to store boats and other water craft on the
area desi¢nated on E�ibit B Winter storage shall be available to SPYC
s� holders onlv. The SPYC may if aereed to and authorized by the
wrrtten aonrovai bv the Ciry store boats other than those of its sliv
holders on a snace available basis The City shall maintain and r�air
the surface of the said hoat stora�e area so that it is suitable for the
trans�ort and storaee of boats subject to the obli�ation of SPYC to
maintain the Marina Premises in a safe condition under Daraera hp 7 2 1
of this Lease Atreement. The foregoins oblieation of the Citv does not
create or vest in anv third tiarty or user of the Marian Premises a ri ng t or
cause of action aeainst the Cit arisin� out of the condition of the boat
storage area.
4Yinter stort�ge for the 99/00 season was administered without incident.
The SPYC experienced some problems witla securiry issues during the
storc�ge season and htts approached the Division about the concept of
"buying" additional security that would be dedicated to Hart Island to
aug�nent the timited coverage levels currenily provided.
7.1.5 The SPYC will keeb the area desienated for boat stora�e clear of boats
and other eauipment in order to make it available for other uses durin�
the oeriod beeinnin� 7une IO and endint September 10 of each year
Anv SPYC boats that are required to be on land for maintenance
uumoses or that are otherwise not in the area as identified b the SPYC
and the Citv.
As of June 10 the Zand areas were largely clear of any boats and those
remazning on land were there for specific reason. The SPYC is tivoPking
with its membership to completely movelphase-out the boaters traiters
that have been previous[y stored at Harriet Island to sites off-site. Off=
site and screened storage is also being utilized for much of the SPYC
seasonal equipment (i.e. blacking, floats, materiads). This parkirzg area
is used to store some boat trailers and equipment for the other Harriet
Island vendoss (Padelford, No Wake Cafe, Minnesota Boat Club) which
had previousty been stared in ather park areas.
The majority of the lot is now completely clear of boats and equipment,
making parking available for boaters park users and Lilydale trc�il
users.
4'
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18 boats are currentZy on land:
- Z derelict boat (anticipated to be moved off-site within the month -
SPYC are negotiating a partial settlement of the delinquent account in
r for release of the boat and removat from the grounds)
- 4 traiZered land and launch boats (land and [nunch is being fazed out
on a case by case basis per the agreement)
- 2 Coast Guard boats
- 3 boats with liens or other issues related to the boat owners. Ail of
these boats will be removed as soon as the vartous Zegal processes
(Sheriff's notifzcation, title posting) will allow.
- 8 boats temporarily on land for needed repairs. 6 boats were lttunched
and removed due to mechanical problems, 2 baats have yet to be
Zaunched.
7.23 To keep the Marina Premises free of litter and accumulated trash
Cleanup of the site shall be accomplished on a twice-weeki, basis
The 5FYC docks and grounds are free of litter and trash. Dumpster
service is being maintained.
7.2.20 To remove all marina boaters' and visitors' discarded materials parts
and various debris to maintain the boat storage work and parkin2 area in
a clean and good condition in both harbors ali on a twice-weekl�basis
There are no parts or other materials abarxdoned in the SPYC designated
storage area. The SPYC staff inspect the grounds for trash and
discarded materials on a daily basis during the sunzmer season.
7.2.21 To conform to Citv State and Federal safetv health accessibility and
environmental laws and to cooperate with the approoriate agencies to
achieve such objectives.
There have been no reported violations of law, furthermore, a visual
inspection revealed no suspect activities. The SPYC fully complied wtth
all jurisdictional and regulatory agencies related to moving its gas dock
from the lower to the upper harbor.
If you have any questions about this report, please contact me at 266-6409 or
Mike Hahm at 266-6444.
u��
cc: Susan Kimberly
Mike Aahm
Peter Kramer, Commodore SPYC
G9SPIWP\COUNCIL1Counni SPYC report3.wpd
�-3b�
interdepartmental. Memorandum
CITY OF SAI�IT PAUL
September 18, 2000
TO
FROM:
Councii President Dan Bostrom
Council Member Jay Benanav
Council Member Jerry Blakey
Council Member Chris C leman
Council Member Pat Harn
Council Member Kathy Lan y
Council Member Jim Reiter , /
� /
Vic Wittgenstein, Director ' {
Division of Parks and Recreati
�ig)o.
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�: Report regarding the Saint Paul Yacht Club's (SPYC) performance
on provisions 7.1.4, 7.1.5, 7.2.3, 7.2.20, and 7.2.21 of Lease
Agreement with the City of Saint Paul, Division of Parks and
Recreation (Item 33 of 9/20/00 City Council Agenda)
This report is being provided in response to the request from the Council of Apri17,
1999, concerning regular staff updates related to certain provisions of the agreement
between the Ciry and the SPYC.
Much of the construction at Harriet Island has concluded and the resulting renovation of
the park is impressive. The grand opening celebration on September 9, was well
attended and simply calling it a success would be an understatement.
In addition to completing some finishing details throughout the park, work continues on
the levee opening project. The stage construction has yet to begin. The board and staff
of the SPYC have provided cooperation and assistance throughout the entire Harriet
Island project. Since the most recent report to the Council on June 21, 2000, the
SPYC:
Participated in the grand opening celebration; lighted boat parade, informational
booth, transient dockage.
Continued beatification efforts related to its work/office area. Installed wooden
fencing to screen storage area from remainder of park. Made modifications to
the office and garage areas, improving appearances and function.
Scheduled gas dock availability to allow for fueling of the Padelford fieet
vessels, removing this activity from the river promenade.
��'
• Facilitated improvements to the safery and securiry of the parking area that they
utilize. Instailed black vinyl coated fencing, replacin� wooden "snow fence".
The following suminarizes specific SPYC performance related to the referenced provisions.
7.1.4
sliD holders onlv. The SPYC mav if aereed to and authorized by the
written anproval bv the Citv store boats other than those of its slip
hoiders on a space available basis The Ci� shall maintain and repair
the surface of the said boat storaee area so that it is suitable for the
transport and storage of boats su�ect to the obli¢ation of SPYC to
maintain the Marina Premises in a safe condition under paraera h� 7 2 1
of this Lease Aereement The fore�oing ohli�ation of the Citv does not
create or vest in anv third partv or user of the Marian Premises a ri hp t or
cause of action aeainst the Cit arisin� out of the condition of the boat
storaae area.
Winter storage for the 00/01 season has begun, and as the weather turns
toward seasonable conditions, related activity will increase. The SPYC
has formed a committee £o address continuing problems with security of
personal property during the storage season. The SPYC has approached
the Division about the concept of "buying" additional security that would
be dedicated to Harriet Island to augment the limited coverage levels
currently provided.
7.1.5 The SPYC will keep the area desienated for boat storaee clear of boats
and other eouipment in order to make it available for other uses during
the period be i�ne June 10 and endine Seotember 10 of each vear
Anv SPYC boats that are required to be on land for maintenance
ourooses or that are otherwise not in the area as identified by the SPYC
and the Citv.
During the boating season, the Zand areas were Zargely cZear of any
boats. Boar trailers were confzned to a designated area and the SPYC is
working with its membership to completely move/phase-out the boa!ers
trailers that have been previously stored at Harriet Island to sites off-
site. Off-site and screened storage was utilized for much of the SPYC
seasonal equipment (i.e. blocking, floats, materials). This parking area
is also available for use by the other Harriet Island vendors (Padelford,
No Wake Cafe, Minnesota Boat Club) for storage of boat trailers and
equiprnent which had previously been stored in other park areas.
vl ����
l
772e majority of the Zot was available for use during the Harriet Island
grand opening celebration for event parking. Otherwise, the lot was
available for boaters, park users and LiZydale trail users.
Only 3 boats are currently on Zand for unapproved reasons:
- 1 derelict boat (considered to be abandoned during the season) SPYC
is actively participating in the process necessary to dispose of the boat.
- 2 boats that have been "impounded" by the SPYC for norz payment of
fees.
The SPYC staff have been diligent in their work to resolve these and
similar issues and remove boats in a timely manner. This has proven to
greatly improve the appearance of the storage area/parking lot from
previous circumstances.
7.2.3 To keeD the Marina Premises free of litter and accumulated trash
CleanuD of the site shall be accompiished on a twice-weekly basis
The SPYC docks and grounds are free of litter and trash. Dumpster
service is being maintained.
7.2.20 To remove all marina boaters' and visitors' discarded materiais arts
and various debris to maintain the boat storate work and arkin area in
a clean and eood condition in both harbors all on a twice weekl basis
There are no parts or other materials abandoned in the SPYC designated
storage area. The SPYC staff inspect the grounds for trash and
discarded materials on a daily basis during the summer season.
7.2.21 To conform to Citv State and Federal safetv health accessibilit �} and
environmental laws and to cooperate with the a�Qro riate a�encies to
achieve such objectives
There have been no reported violations of law, furthermore, a visual
inspection revealed no suspect activities.
If you have any questions about this report, please contact me at 266-6409 or
Mike Hahm at 266-6444.
VW
cc: Susan Kimberly
Mike Hahm
Peter Kramer, Commodore SPYC
G:�SMWP�CWNCiL\Couxii_SPYC report4.wpd