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85-1445 WHITE - CITV CLERK PINK - FINANCE GITY OF SAINT PAITL Council CANARY - DEPARTMENT File NO• ��� /��� BLUE - MAVOR Coun i Resolution Presented By �eferred o ��'�)�%�JE(,�/')'1�� Committee: Date [ �a��� Out of Committee By Date RESOLVED, that the proper City officials are hereby author- ized and directed to execute an Agreement with the St. Paul Yacht Club providing for the lease to said club of the Upper and Lower harbors in the Mississippi River and that portion of Harriet Island and other City property adjacent thereto as set forth in said Agreement, a copy of said Agreement to be kept on file and of record in the Department of Finance and Management Services . COUNCILMEN Requested by Department of: Yeas �;,t,,,� Nays � Department of Community Services Masanz In Favor �ICUS1� � scne�be; __ Against BY Sonnen TgUesCa � OCT � 9 1985 Form Approved y orne Adopted by Council: Date � Certified - d y Counc� , re BY , � sy tappro y iNavor. Date aCT 2 9 i985 Ap o d by Mayor for Sub s ' n ouncil B _ _ �,., . . ' .. -�..1r . . _ .. .,__._ ' . „ ��`iti COMMUNITY SERVICES DEPARTMENT C���-/ Sj'�� N° 2358 VIC WITTGENSTEIN CONTACT 292-�40o PHONE July 11, 1985 DATE �Q��� �Qi' / ASSIGN NUMBER FOR ROUTING ORDER Cli All Locations for Si nature : Department Director �ector of Man gement/Mayor -i Finance and Management Services Director City Clerk RECEIII/ED Budget Director City Attorney � A(�� � � � � WHAT WILL BE ACHIEVED BY TAKING ACTION ON THE ATTACHED MATERIALS? (Purpose/ CITY ATTOR�EY. �S �� Rationale) : The City shal lease to the St. Paul Yacht Club the small boat harbor commonly known as the Upper and Lower harbors in the Mississippi River and that portion of Harriet Island and other City property adjacent hereto and as more particularily set forth and outlined in exhibits � and B. COST/BENEFIT, BUDGETARY AND PERSONNEL IMPACTS ANTICIPATED: The City shall receive $3,000.00 dollars plus 10% of all revenues that the Club receives from the rental of Summer and Vdinter dockage and storage. FINANCING SOURCE AND BUDGET ACTIVITY NUMBER CHARGED OR CREDITED: (Mayor's signa- ture not re- Total Amount of Transaction: $4,000.0o quired if under Funding Source: Special Services - Concession Other ��O,OOQ� Activity Number: 23123 �_' •�'��� ATTACHMENTS (List and Number All Attachments) : � . ��ir �� 1985� � agreements.�,� , _ � �/°'��'`'�-�^'�"'�`'�'`-� ~���"°�'��- p� THE DIRECTOR R� ���.'� �_ ''�ECEIVED .... ,�! / �. -, _ �`-'U � 2AN�3 }' .iv,~',`�:v^E�J ��� � � 5 � -AUG 1G 1985 ��;�„ �, ,��� ;,. Valuati s & Assessmer's n+vision �``° - Dept Firiance& �1anag�rneni OF TNE DfRECTOR `��;���_ ��MENT OF FINANCE � DE ARTMENT REVIEW CITY ATTORNEY REVIEW � Yes �lo Council Resolution Required? Resolution Required? Yes o Yes �No Insurance Required? Insurance Sufficient? Yes No X Yes -: No Insurance Attached: ( (SEE REVERSE SIDE FOR INSTRUCTIONS) Revised 12/84 ` . , . - ���_,y�`� . 6. ) That the Club will furnish public dockage facilities and temporary dockage for transient launches and other watcrcraft not registered in the City of Saint Paul , and the charges f.or such dockages and other services shall be submitted to the City for the City' s approval . 7. ) That the stiffleg derrick and house now in place on the property leased hereunder may be operated by the Club, and the Club shall maintain the derrick and house in good condition. 8. ) That the Club agrees not to enter. into the business of constructing or reconstructing motor boats or other craft in the harbors around Harriet Island or adjacent land, and will not permit any of the premises leased' hereunder to be used by any third party engaged in watercraft repair, construction or reconstruction. However, ,painting, minor sandblasting in order to paint, limited welding and carpentry may be done at the site. 9. ) That the Club shall be permitted to store boats and other watercraft over the winter season on the area designated by the City for this purpose. (Exl�ibit C defines �his area) / 10. ) That the Club shall maintain �regular marina hours keeping an employee on duty to answer calls for service and to supervise the care and maintenance of the harbors and adjacent area used by the Club. 11 . ) That the use of the floating sheer boom by watercraft shall be under the direction and control of the Club and the Club shall - maintain the walkway of said boom with the City"having tYie responsibility to maintain the heavy floating timbers and piling of the sheer boom. 12. ) That the Club shall permit the mooring of boats and other watercraft on the outside of the main channel side of the boom, but such mooring shall be temporary. 13. ) That the Club shall cooperate with River Excursions, Inc. by making available a reasonable portion of the boat storage area for River Excursion, Inc. ' s operation during the boa�ing season. Any disputes as to responsibility, control , use of the shared area referenced in this Agreement shall be the sole perogative of the City. 14. ) That the Club shall maintain a suitable lounge and restroom facilities to serve transient boat owners whose craft are temporarily moored in the harbors. 15. ) That the Club shall cooperate with and provide such facilities . as are necessary for the activities of the City's Police Dept's. Harbor Patrol , U. S. Coast Guard Reserve, the Sea Scouts of the Boy Scouts of Americ� and the Naval Sea Cadets. 16. ) That no improvements, construction, or alterations of any kind will be undertaken by the Club as to the leased premises without the prior review and approval of the City in writing. i; � � ' � ����-���J 17 . ) That the Yacht Club may propose to the City certain Capital improvement projects for the betterment of the Park area adjacen� to the yacht Club and those areas of the Marina where the City has primary responsibility for which the Yacnt Club will be credited �t the rate of Nyne Dollars ($9.Op) per man hour worked by Yacht Club members . These credits may be deducted from the fee that the Yacht Club owes the City for� any on� calendar year. This dollar value of credits �hat may be used by Yacht club as a deauction shall not exceed Three Thousanci ($3 ,000.00) �ollars in any one calendar year. At no time will credits be carried over from cne ( 1 ) year to the nex� unless the CZub retains written approval �or carry aver from the City. It is ur�derstood that or.ly those projeczs tha� the City agrees to in writing prior to start up. shall be eligible for tizis deduction. 18. ) Tnat in the event the City constructs a municipal marina, the City will use its best efforts to relocate all boats and facilities belonging to the Club and its members in said marina, subject to a separate Iease agreement regarding said relocation and use. 19. ) That this agreement may be terminated at any t�me by either party providing that one hundred and eighty (180� days ' wr�tten notice is given from one party Lo tne otner of the intent ta terminate this agreerr�ent. 20. ) That the Club a�rees to save and hold the City harml2ss from any and all claims arising out o� the Clup' s iease, use, and operaiions granted hereunder, and in order- to give thi�s - indennification force and effect, the Club shall provide, at its own expense, public liability insurance naming the City as a co-insured thereon, and said i:�surance shalZ bz in the aggregate sum of Six Hundred Thousand ($600,000.00) Dollars. 21 . ) That in consideration for the abo�e ouzlined lease the Club shall pay the City Three Thousand ($3,000.00} DoTlars, plus ten percent ( 10%) of all revenues that the Club receives through the rental of Summer and Winter do�kage and storage. - 22. ) That the City shall receive a copy o`' all agre�ments or contracts between the Club and any party who will assist the Club in carrying out the stipulazions of this Agreement. 23. ) ;hat the Ciub and the City shall jointly determi�e the amoun� of revenue to be paid to the City by Decernber Ist of each calendar year, that this agreemen� is in force anci the paymenzs shall be r�ade as follows ; Three Thousand (�3 ,OOO.JO) Dollars on June lst of each year and the remainder by Decemoer I5th of each year. 24. ) Tha� due to the facL that the club has Ten Thousand Seven Hundred Ninety-Three ($10,793.00) Doliars in unuseci work credits from the previous lease agreement between the Club and the City ar�d because the Club s�ent over Twenty Thousand Tw.o Huncred Nineteen (�20, 219 . 00) Dollars in rega?rir.g an� � �.��=� ��..s a upgrading the derrick located at the marina, but owned by the City, the City hereby waives the Six Thousand Five Hundred ($6,500.00) Dollar fee due the City for 1984. 25. ) That for the purposes of the administration of this lease, the City's representative shall be the Manager of Special Services, and the Club ' s representative shall be the Commodore. IN WITNESS HEREOF, the parties have set their hands as follows : APPROVED AS TO FORM: CITY OF SAINT PAUL . � � � � '� � - � � � Assistant Cit Attorne ayor � , � , f,�' , ST. PAU ; YACHT CLUB .v� . ; �Department o Finance and � Managemen Services � / / ,,.i.t1�L� �'L�:' -�... , � - � � . CO1 ODORE irec or, Department Community ' Services � . , � r ~ r �or • . . . . .. -, . . . � . . .. . . . ., . . . .. , ... . : .. . : . NAME AND ADDRESS OF AGENCY COMPANIES AFFORDING COVERAGES � ��—/yy� Brandow Howard Kohler & Rosenbloom, Inc. 3601 Park Center Blvd. COMPANY A LETTER Home ZI7$. CO. Minneapolis, MN 55416 COMPANY � LETTER RLI Insurance Co. NAME AND ADDRESS OF INSURED COMPANY ^ LETfER V St. Paul Yacht Club Harriet Island COMPANV D LETTER St. Paul, MN 55107 COMPANY C LETTER G This Is to certify that policies of Insurance Iisted below have been issued to the insured named above and are in force at this time.Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate may be issued or may pertain,the insurance afforded by the policies described herein is subject to all the terms exclusions and conditions of such policies. COMPANV TYPE OF INSURANCE POLICY NUMBER pO�ICY LIMITS OF LIABILITY IN THOUSANDS(000) LETfER EXPIRATION DATE EACH AGGREGATE OCCURRENCE OENERAL LIABILITY BODI�Y INdURY s A � COMPREHENSIVE FORM � PREMISES-OPEHATIONS PROPERTY DAMAGE S � EXPLOSION AND COLLAPSE HAZARD � UNDEROROUNO HAZARD MPP1744745 $�8�8�j n PRODUCTB/COMPLETED U[ OPERATIONS HAZARD BODILY INJURY AND � CONTRACTUALINSURANCE PROPERTY DAMAOE I-'1 BFOAD FORM PROPERTY COMBINED �jOO� rjOO� L7d DAMAOE � INDEP.CONTRACTORS � PERSONAL INJURY PERSONALINJURY 500 AUTOMOBILE LIABILITY BODI�v INdURY S � COMPREHENSIVE FORM (EACH PERSON) BODILY INJURY � OWNED (EACH ACCIDENT) S � HIRED PROPERTY DAMAGE S � NON�OWNED BODILY INJURY AND PROPERTY DAMAGE COMBINED EXCESS LIABILITY UMBRELLA FORM BODILY INJURY AND C� RUL HZ'rj711 H�H�HS PROPERTY DAMAGE S 1�OOO� s 1�OOO� B � OTHER THAN UMBRELLA FORM COMBINED WORKERS'COMPENSATION STATUTORY and EMPLOYERS'LIABILITY S (EACH ACCIDEN7� OTHER DESCRIPTION OF OPERATIONSILOCATIONS/VEHICIES Additional Inaured: City of St. Paul ��� Cancellation: Should any of the above described policies be ca ell fo t xp' ion date thereof, the issuing company wili endeavor to mail ��n days written notice to the elow named rtificate holder,but failure to mail such notice shall im- pose no obligation or liability of any kind upon the mpany. NAME AND ADDRESS OF CERTIFICATE HOLDER DATE ISSUED: City of St. Paul St. Paul, MN AU ORIZ RE S IVE ACORD 25(1-79) � . � �.- ���y�s CITY OF` S3INT P�.UL �,.,...::�•:. o�c� o� � czz� co�rrczz . ..., �,^•,�� ' D a t� ; October 21 , 1985 COMM (TTEE RE PORT � - .- - - ; TO = Saint Paul Cit`y Councii F R � M : C o m m ii't e� p h C i ty Deve 1 opment and Transportat i on CHl�IR Wi 11 iam L. Wi lson 1 . Resolution approving rules governing issuance of skyway permits (Visitour) (Committee recommends . approval as amended) 2. Resolution authorizing an agreement with the Ste . Paul Yacht Club. (Small boat harbor in Mississippi • . River and part of Harriet Island. ) (Committee � recommends approval ) CITY HAL'L' SE�IENTFi FLOOR SAIlVT PAUL,MINNE50'I°A 55102 �. 1 ,._ `'"' �-� � Y ---_�__.-L.._ . . � . � . . \ � ( . •.. � � •�.. - / • '' � _ • • • .- -•i- •� . � � . . : � " —, ` �'`l �-j... '�'� i , � ' 'r' �— .- .� / � / � .._ �i / � ' �\\\ /� �\ ` • � // ..,�, � �� � ��,� '.� k . 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