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00-239council File # 8 �� o�3g Green Sheet # ��t3y Presented By Referred to Committee: Date 1 WHEREAS, the City has operated Watergate Marina, located at 2500 Crosby Farm Road, since the late 2 1970's, and 3 WHBREAS, the City desires to determine a long term solution for the mana�ement and operation of the 4 Marina, and 5 WHEREAS, the City desires to have the Marina operated for the 2000 boating season, and 6 WHEREAS, the City Council at its March 1, 2000 meeting requested that the administration present a 7 proposal for the operation of the Marina for the 2000 boating season as detailed in Council Resolutio�� 8 00-217, and 9 WHEREAS, the City has received seven proposals from private vendors to provide this service, and 10 WHEREAS, the Division of parks and Recreation Division staff, after analyzing the proposals is 11 recommending that Allied Management Company will do the best job of filling the CiTy's needs at 12 WatergateMarina, 13 NOW, THEREFORE BE IT RESOLVED that the City's Division of Parks and Recreation is hereby 14 authorized to enter into the attached agreement with Allied Management Company for the operation and 15 management of the Marina for the 2000 boating season, and that the requirements of CF 99-694 are 16 waived for this short term agreement. Yeas Nays Absent Benanav � Blakey � Bostrom f Coleman �/ Harris f Lantry � Reiter i/ r"J o� Q Adopted by Council: Date �� Adoption Certified by Council Secretary BY � .— �— 'f� n Approved by Ma < k�gs. } �te: �c��(G!/G�[ �5 Z�� $Y � '��,/� RESOLUT{ON CITY OF SAINT PAUL, MINNESOTA Requested by: Division of Parks and Recreation By: Form Approved by City Attorney BY: � � Approved by Mayor for Submission to Council By: oo-�3q DEPAFTMENT(OFFIGE/COUNC�I DATEINITIATED GREEN SHEET NO. 100134 Parks and Recreation CONTACT PERSON AND PHONE INITIAVDATE INITIAL/DqTE ASSI6N — d`PARTMENT DiRECTOR _C[iY CWNGfL NUMBEfl FO CITV ATTOFNEY _CIN CLERK MUST BE ON COUNCIL AGENDA BV IDAiEI POUTING OFDEP FINANCIAL SERVICES DIR. _ MAVOR(ORASSISTAN'� _ TOTAL E OF SIGNATURE PAGES (CLIP ALL IOCAilONS FOR SIGNATURE) ACTION REQUESTED: Resolution waiving the requirements of CF 99-694 for up to one year and auThorizing the Division of Parks and Recreation to enter into an agreement with Allied Management Company for the management and operation of Watergate Marina. RECOMMENDATIONS: Approve 1A� or Reiec[ fR1 PERSONAL SERVICE CONTRACTS MUST ANSWERTHE FOLLOWING QUESTIONS: _PLANNING COMMISSION _dVIL SEflVICE COMMISSION 7, Has [M1is persoNfrtm ever worketl under a con[ract for this departmen[? _CIB COMMITTEE _ �'ES ND A STAFF 2. Has tM1�s person/fvm ever been a ciry employee? DISTRICTCOUNCIL VES NO -- — 3. Ooes th�s person(firm possess a skdl not norma{{y possessed by any current city employee? SUPPORTS WHICH COUNCIL OBJECTIVE? YES NO Explain all yes answers on separate sheet antl attacM1 to green sheat. INITIATING PROBLEM, ISSUE, OPPORTUNITV IWho, What, When, Where, Why): ADVANTAGES IF APPpOVED: DISADVANTAGES IF APPROVED: DISA�VANTAGES IF NOT APPqOVED: TOTAL AMOUNT OF TRANSACTION � COSTlREVENUE BUUGEfED (CIRCLE ONE) YES NO FUNDING SOURCE pCTNITY NUMBER FINANCIAL INFORMATION� (EXPLAfN) oo-a39 MANAGEMENT AGREEMENT This AGREEMENT, effective as of , 2000 by and between: CITY OF SAINT PAUL, hereinafter called "CITY" F�l ALLIED MANAGEMENT COMPANY, hereinafter called "ALLIED", hereinafter jointly calied "Parties", and also individually called "Party". WITNESSETH: WHEREAS, the CITY is the owner of public park land adjoining the Mississippi River commonly known as Crosby Fann Regional Park which contains a marina hereinafter called "WATERGATE' ; and WHEREAS, the CITY desires to offer public marina services as a recreational amenity at WATERGATE for the 2000 boating season, and WHEREAS, the CITY believes that such services should be provided at a minimal financial risk to the CITY, and WHEREAS, ALLIED has proposed to the CITY that it manage and operate WATERGATE on behalf of the CITY for the 2000 boating season, and WHEREAS, both parties believe it is in their mutual best interest to enter into the within AGREEMENT for the provision of marina services at WATERGATE. NOW, THEREFORE, in consideration of the promises and mutual covenants herein contained, it is agreed as follows: ARTICLE I TERM 11 Term. The term of this AGREEMENT shall consist of the 2000 boating season, beginning upon execution, and ending September 30, 2000. 1.2 Extension O tions. The Parties may extend the term of this AGREEMENT for an additional period from October 1, 2000 to March 31, 2001. This extension may only be exercised in the event that the City has not yet enacted a long-term agreement that includes the time specified. All terms and conditions of this AGREEMENT applicable to the Initial Term (1.1) shall remain in effect for the Extended Term (1.2), except to the extent othenvise agreed to by the parties in writing. vo-a3°� ARTICLE II MARINA PROPERTY DEFINED 2.1 The WATERGATE marina property adjoins the Mississippi River at a location commonly known as Crosby Farm Regional Pazk. The mazina property is indicated by a biack dashed line on attached E�ibit A. 2.2 All other park lands other than those defined as WATERGATE marina property are not govemed in any way, implied or otherwise, by AGREEMENT and remain under the sole control and jurisdiction of the CITY. ARTICLE III OPERATION & MANAGEMENT 3.1 ALLIED shall operate and manage a public mazina facility at WATERGATE; and to engage in normal activities which are incidental to the operation of the marina. 3.2 ALLIED will staff WATERGATE mazina for regular hours that shall be posted at the facility. It is expected that beginning May 1, 2000, that WATERGATE will be routinely staffed at least during the listed times. Monday-Friday 9 a.m. - 6 p.m. Saturday-Sunday 7:30 a.m. - 7:30 p.m. 3.3 ALLIED will operate and staff the gas dock and pump out during the term of this AGREEMENT. 3.4 ALLIED will launch boats at WATERGATE that have a 1999/2000 storage lease with the CITY. ALLIED will only be responsible to launch boats that are known to CITY and have been represented to ALLIED as being in this category as of the date of execution of the AGREEMENT. 3.5 ALLIED will use the CITY's 1999 Siip and Launching Rates with 5% increases as a basis for 2000 WATERGATE rates. A copy of these rates are attached to the AGREEMENT as Exhibit "B". The CITY reserves the right to review and approve all rates. 3.5.1 In the event of an extension in the AGREEMENT as provided in sectionl.2, and ALLIED is to provide services related to 2000/2001 winter haul-out and/or storage, rates shall be agreed to between the CITY and ALLIED, priar to execution of the extension. 3.6 ALLIED will provide security coverage far WATERGATE at a Ievel to be determined by ALLIED and agreed to by the CITY. oo-aa°l 3.6.1 ALLIED may contract with CITY for security coverage at an agreed upon service level and rate, the rate not to be below the CITY's cost for providing such service. No arrangements related to security have been made at this time and may be negotiated and agreed to between the CITY and ALLIED at a fuhxre date. 3.7 ALLIED may choose to provide marine repair service. If ALLIED enters into any agreement or contract for the purpose of providing this service, the CITY has the right to review and approve such sub-contract or arrangement prior to its implementation. 3.8 ALLIED may not act as a boat dealership. ARTICLE IV PAYMENT 41 ALLIED will operate the WATERGATE Mazina at no cost to the CITY. The CITY will incur no new financial obligations related to ALLTED's operation and management of WATERGATE Marina. 4.2 For gross revenues that ALLIED realizes from slips and launches that are less than or equal to 80% of capacity, it will make no payment to the CITY. For the purposes of this AGREEMENT, $132,000 will be recognized as 80% of revenues from slips and launches. 43 For gross revenues that ALLIED realizes from slips and latmches that are between 80% and 90% of capacity, it will pay the CITY an amount of 10°l0 of said revenues. For the purposes of this AGREEMENT, $132,000 will be recognized as 80% of revenues from slips and launches and $147,000 will be recognized as 90% of revenues from slips and launches. 4.4 For gross revenues that ALLIED realizes from slips and launches that are over 90% of capacity, it will pay the CITY an amount of 25% of said revenues. For the purposes of this AGREEMENT, $147,000 wi11 be recognized as 90% ofrevenues from slips and launches. 4.5 The CITY has a right to inspect all books and records pertaining to the operation of Watergate Mazina by ALLIED. The CITY shall be granted inspection of said books and records by providing ALLIED with written notice, whereby ALLIED shall have fifteen (15) days to provide such information to the CITY. oo-a39 ARTICLE V CONSENT TO IMPROVEMENTS 5.1 No improvements or immovable fia�tures can be made, installed, added or constructed by ALLIED to the WATERGATE marina properry without the written consent of the CITY. The CITY may require such information to be supplied by ALLIED as will enable the CITY to determine whether to consent to any proposed improvements or immovable fixtures. 5.2 ALLIED sha11 undertake no reconstruction, alterations, repairs or replacements of existing improvements, fixtures, facilities or equipment on or in the WATERGATE marina property (or adjacent to it), which causes or constitutes a permanent change to WATERGATE mazina property, thereto, without the written consent of the CITY. 5.3 An improvement for the purpose of pazagraphs 5.1 and 5.2 shall be a permanent addition to or permanent betterment of real property that enhances its capital value, and does not include ordinary repairs or maintenance or cleanup of pre-existing conditions. 5.4 The CITY's response to a request for consent under paragraphs 5.1 and 5.2 shall be given in a reasonable time. ARTICLE VI COVENANTS AND UNDERTAKING 6.1 The Parties covenant, agree and acknowledge that each shall provide the following equipment and services: 6.1.1 The CITY shall periodically inspect the WATERGATE marina property and inform ALLIED in writing of any conditions requiring attention as may be required to comply with the obligations under this AGREEMENT. 6.1.2 ALLIED shall undertake no major improvements, construction or alterations to WATERGATE marina property without the prior review and approval of the CITY. 6.13 The CITY shall provide ALLIED with the CITY's participant accident report forms. These forms shall be completed by ALLIED representatives in instances where accidents on or near the WATERGATE marina property are reported to or witnessed by ALLIED representatives. ALLIED shall deliver completed reports to the CITY within five working (5) days following an accident on or near the WATERGATE property. DO-a3q 6.1.4 ALLIED shall act as the rental agent for transient boaters at WATERGATE. All transient fees collected by ALLIED will be retained by ALLIED. 6.1.5 This AGREEMENT does not exempt ALLIED or WATERGATE customers from pazk rules and regulations, except as may be provided elsewhere in this AGREEMENT. 6.1.6 That in cases of emergency or disaster such as flood or other natural acts, ALLIED will cacate WATERGATE marina if required and otherwise cooperate with directives from the City's Director of Pazks and Recreation, Fire Chief, Police Chief or other City official delegated such power due to the emergency. ALLIED will make no claim against the City for lost revenues or added expenses due to such event. 6.1.7 That ALLIED will assist the CITY in the identification and removal of derelict or abandoned boats from the site. That the CITY will fully pursue available options for removal and disposal of such boats. ALLIED shall assume no financial obligation related to the removal of said boats from the WATERGATE property. 61.8 That ALLIED shall have full use of the CITY equipment and materials currently at WATERGATE. That both parties understand that such use of equipment and materiais is in its current condition or on an"as is" basis, ALLIED may make repairs to such equipment and materials as to allow for its use. At the expiration of this AGREEMEI�T, CITX equipment and materials will remain the property of the CITY, returned by ALLIED allowing for normal wear and tear related to its use. 6.19 That current WATERGATE retail and parts inventories will be handled on a consignment basis. ALLIED will provide the CITY payment for any and all inventories that it sells or uses. That the specific written consignment arrangements will be mutually agreed to by ALLIED and the CITY following a mutual review of inventories that will follow the execution of the AGREEMENT. That ALLIED may otherwise assist the CITY in divesting such inventories. 6.2 ALLIED specifically covenants and agrees; 6.2.1 To maintain WATERGATE marina in a safe, clean and orderly condition. 6.2.2 To keep WATERGATE marina free of litter and accumulated trash. Cleanup of the site shall be done on a twice-weekly basis. 6.23 To provide an adequate number of trash receptacles at WATERGATE marina to accommodate debris generated by boat owners and their visitors to the marina and be responsible for the removal of that trash. oo-�a� 6.2.4 To store all ALLIED's equipment and other materials present at the WATERGATE marina premises in an orderly manner so that the appearance of the facility is clean and organized. 6.2.5 To cooperate with and provide such faciliUes that are necessary and appropriate for CITY's Fire Department Hazbor Patrol, U.S. Coast Guard, Coast Guazd Awciliary and Ramsey County Sheriff Water Patrol. 6.2.6 That ALLIED shall provide the CITY with a copy of all a�reements or contracts between the ALLIED and any party who will assist ALLIED in canying out the stipulations of this AGREEMENT. 6.2.7 To not rent space to any individual or entity whose primary purpose is to conduct business at that location, or knowingly allow any of its customers to temporarily or permanently conduct retail or commercial transactions within WATERGATE marina. This does not preclude slip holders from entertaining guests, nor does it prohibit slip holders from conducting personal business or work related to their employment while on their boat. 6.2.8 To conform to City, State and Federal safety, health, accessibility and environmental laws and to cooperate with the appropriate agencies to achieve such objectives. 6.2.9 To comply with State and Federal and Local laws and regulations prohibiting discrimination. . 6.210 That it shall not, in violation of any applicable federal, state or local laws or regulations, pollute any air, soil or ground waters, or dischar�e or release any Hazardous Wastes, in, into, on, over or adjacent to WATERGATE marina or the Mississippi River, and that it shall take reasonable steps to prevent all customers, guests, transient boaters and other users of the marina from doing so. Any such discharge or pollution, or failure to take reasonable steps to prevent such discharge or pollution, which is in vaolation of any such applicable laws or regulations, shall be a breach of this AGREEMENT. ALLIED shall also comply with all applicable federal, state and local laws and regulations, including City ordinances, relating to the control, handling, dischazge or release of said Hazardous �Uastes, and failure so to do shall be a breach of this AGREEMENT. In addition, ALLIED shall be obligated to use the Minnesota Pollution Control Agency Fact Sheet #4.24 "Managing Mazina Waste", published April 8, 1996, as a seneral guideline for its operations and shall work with its membership and slipholders to achieve compliance with the guidelines in said Fact Sheet. oo-�3q 6.2.11 Hazardous Wastes, for the purpose of paragraph 6.2.10 above, shall be and include all dangerous, toxic or hazardous contaminants, pollutants, chemical wastes or substances as defined in applicable federal, state or local laws or regulations, as those may be amended from time to time. 6.2.12 To allow previous WATERGATE customers with accounts in good standing to retain their 1999 dock positions. 6.2.13 To provide no services, including dockage, to any customers with outstanding balances due to the CITY, until such balances are confirmed by the CITY as paid in full. 6.3 The CITY specifically covenants and agrees: 63.1 To cut the grass and maintain the pazk areas adjacent to WATERGATE marina. Tree maintenance and removal throughout the WATERGATE property will remain the responsibility of the CITY. 63.2 To provide that electrical, telephone, water, and septic service are available on the WATERGATE marina property. ALLIED is responsible for payment of all related bills based on its usage and consumption of said utilities for the duration of this AGREEMENT. 6.3 3 To maintain the appropriate permits for the location and operation of a marina at the WATERGATE property that may be required by law and to transfer all appropriate rights to said permits to ALLIED for the term of this AGREEMENT. The CITY shall provide copies of all such permits to the ALLIED. 63.4 To assist ALLIED during the transition of management, including, establishing familiarity with customer accounts, WATERGATE marina facilities and equipment and initial conespondence/billings. 6.3.5 To provide ALLIED with the use of existing WATERGATE marina equipment, in "as is" condition. ARTICLE VII INSURANCE 7.1 ALLIED hereby agrees to defend, indemnify and hold the CITY and any of its officers, agents and employees harmless from any claims, damages, or causes of action arising from the use and operations of Mazina Premises by ALLIED, its agents, officers, or employees. ALLIED 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 Op.a19 amount not less than the limits of the CITY's liability as set forth in Minn. Stat. §466.01 et seq (currently $300,OQ0 individual, $1,000,000 aggregate). ALLIED shall also provide a Marina Operators Legal Liability Policy with limits not less than $300,000 for one occurrence and $1,000,000 aggregate. ALLIED shall provide evidence of such coverage to the CITY upon execution of the agreement. Nothing in this provision shall be construed in any manner as a waiver by the CITY of its statutory limits of liability, imniunities or exceptions. ALLIED 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. 7.2 ALLIED sha11 supply to CITY a current insurance certificate for the policies required in Section 7. Further, ALLIED's Insurance Agent shall provide to the City evidence the Insurance Agents's ERRORS and OMISSIONS Insurance Policy. �.3 The limits cited under the insurance requirement above establish minimums; and it is the sole responsibility of ALLIED to purchase and maintain additional insurance that may be necessary in relation to this agreement. 7.4 ALLIED shali place the insurance ��+ith responsible insurance companies authorized and licensed to do business in the State of Minnesota and approved by City, and shall deliver copies of the policies to City on the date of this AGREEMENT. The policies required in Section 7 shall be endorsed to indicate that the insurer cannot cancel or change the instuance without first giving the City 30 days writien notice. 7.5 If, for any reason, any of the insurance hereunder is void, ALLIED is responsible to the CITY for the total amount of uninsured loss. ARTICLE VIII ADMINISTRATION 8.1 For the purpose of the administration of this Lease Agreement, the CITY's representative shall be the Director of Parks and Recreation and the ALLIED's representative shall be its president. ARTICLE IX DEFAULTlREMEDY 9.1 This AGREEMENT may be terminated at any time by mutual assent of the Parties. 9.2 In the event that either party fails to perform any of the terms or conditions of this AGREEMENT, or violates any term or condition thereof, such failure or violation shall be a breach of the said AGREEMENT. In the event of such a breach, the other party m1y give written notice of the breach to the party 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 terminate this AGREEMENT in its entirety. �a-�s9 93 In the event any provision contained in this AGREEMENT should be breached by either pariy and said breach thereafter waived by the other party, such waiver shall be timited to the particular breach so waived and shall not be deemed to waive any other breach hereunder. 9.4 That neither Party will make any claim and waives any right against the other Party on account of any loss or damage caused by acts of God, such as fire, water, windstorm, floods, freezing, or other acts such as war or civil unrest which affect the leasehold property in connection with its operation under this AGREEMENT. 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 accruing upon any default shali 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 This AGREEMENT shall be construed under the laws of the State of Minnesota; and if any provision or portion thereof, or the application thereof to any person or circumstances shall, to any extent, be invalid or unenforceable, the remainder of this AGREEMENT shall not be. affected thereby, and each provision of this AGREEMENT shall be valid and enforceable to the fullest extent provided by law. 9.7 ALLIED shall post a performance bond in the amount of $50,000 to guarantee the management, performance of management and operations at WATERGATE . The bond will be forfeited to the CITY in the event that ALLIED is found in an uncured breach of this AGREEMENT as defined in article 9. ARTICLE 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 personally or sent by certified mail address to the other return-receipt postage prepaid as follows: AS TO CITY - Director of Parks and Recreation City of Saint Paul 300 City Hall Annex 25 W. 4`" Street Saint Paul. MN 55102 AS TO ALLIED - Luke Michaud, President Allied Management Company PO Box 474 Willernie, MN 55090 0 ao -a'!, or such other subsequent address as the respective Parties shall designate in writing. The time of giving such notice or communication shall be deemed to be the time when the same is actually delivered to the other Party. ARTICLE XI MISCELLANEOUS 11.1 Captions and HeadinQ. The captions and headings used herein are intended only for the convenience of the reference and aze not to be used in construing this AGREEMENT. 11.2. Entire A¢reement. This AGREEMENT constitutes the full 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 this AGREEMENT to be executed and delivered in duplicate as of the date appearing on page one hereof. APPROVED AS TO FORM: City Attorney ALLIED MANAGEMENT Luke Michaud, President Keith Dehnert, Secretary/Treasurer CITY OF SAINT PAUL: Mayor, City of Saint Paul Director of Parks and Recreation Financial5ervices Director G:\SP\ WP 1� \� � O � w � ¢ E< w O SY v� � a fnz ow �W W Q Q Z w -w� Q2'Nd'Q �rnQE O a U J Z Z F U 6 = �¢¢F-� f -°.. z 3 ��o Z W H Z U �r6�.Q . xxa¢� W U O a o I � \ QE i� �. � J Q z4w w�cc E�¢.- w� ¢ w ow K U Z � u¢a¢ ¢ � � Q�CIW Z �� C Q Q o3 x� � O � U W � Q � � O Z r d N � ¢aw.o � t�¢oro '� � �� W¢J /� ¢ K Z Z f c,K« RE � '' � 3¢C¢ s��"'i" � Exb:�wj`- � ��'' \ , � '�/ / \ � \ _ � -__—_--'_____ � -= .-____ ._— __ ".______��:�` � i , -�—� ____ �� /' .� -¢2 � [\ � ' � m " i � Vl�� W I � i � . ��1� Q � � �,� � 3 � �� ^ O � � 3 � �b ' � � �� Vt� �� • �� . ,� ` � _ ,_ _ _-� '�� /11�� _ � =��---;�°��,\: z W � W W � " � Q � m �'- J V Q � Q z � Q � LL � � Q � � � � � � � �� Q H � z X W \��O -- -- �� ' �, � � 'f �� v� .t-1 . �� '- =��0 � , � v, = \ — � � _ ��r"�\ �� \\ \�� i � � � ' � • ,, \V � ti . ° _ �' �� ,� ,�� — � \� � �� ` ' p A � m ,.? �� ' / �\'�\' i s � � � �� I ti=_ o o �� o � „�� a ---- - - - �___� `; I � , -� �. ' �` °, �---- ---_ �- ! I �---� `__ -- - _ - � �, ", �' ; �i=�� __-- -: -.' , � \ -- � ��--=;i�-=- ___ �� __ ��_----=~- �- ,� � �\� , �;,�-��, � �\ m � \ � Q .��, �� 1� �. �� , � .�\ W ��, ;`�. '� � � � ,�1�� > . �? �� —� \ -------- ,,,,�� ,,� � ___- _-.._ _ � \\.�. � � �,�, � _ ; � �'�.-I! ��, ; — — � i � I. . , LUCKb1Lt WHItK SKL CO 61242981J8 P_02 �� "a.9� WATF;RGATE MARINA 2500 Czosby Fazm Rd, St. Paul NtN 5� 1].6 {651) 698-3381 PRICE SCHEDULE SUMMER AOCKAQE (May 1- October 31) includes water and basic electricity. (BoatS must not exceed maaimuzn length or beam.) A DOCK- mazciznum length 24fr. -maacimum beam 8 ft ... .. ... . . . ... ... ... ......$885.00 B DOCK-maximum length 28ft. -maximum beam 9 tt ......... .. ... ........ ..$1150.00 C DOCK- nnaximum length 36 ft. -maximum beam 12 ft ... ... ... .. ... ...... .. ..S 1325.00 D DOCK- maximum length 45 R. -maximum beam 13 ft ... ... .. ..... ... ........$1725.Ot) END SLIPS (NO MAXZMUM BEAM) A DOCK - maxamunn length 48 ft. - 1 slip ... ... ... ... ... ... ........ . ... ... ... ... ... $2050.00 B DOCK - maximutn length 60 ft. -2 slips ....... .................. ............. ....$1325.OQ C DOCK - maximum length 38 ft. -2 slips ......... ...... ... ... ... .. D DOCK - maximwn ]ength 50 ft. -2 slips ... ... ... ...... ....... . ADDYTIONAL STORAGE TIME - per month ......... ....... ..... .. ... ........$153�.OU .. ... ... ... ... ..$1925.00 ... ... ... ... ... $5.00/f't. SUMNZER TR.AILOIZ STORAGE - 6 months May 1- Oct. 31, with tongue jack....�95.0U Without tongue jack....S95,00 TRAiLER ACCESS CHARGE, see Rule 34 ... ... ... ... ... ... .. ... ... ... ....,..�20.00 CRADLE HANDLING C�GE ... . ... ...... ... ... ......... ... ... .. .. ......... ... ....$�5.00 LAND ANA LA[TNC�3 ...... ... ... ...... .. ... ...... ............ ... ... . . ... ... ... ... .... ..�50b.00 Outside storage of boat and trailer only with unlimited use of launch ramp. Period May I- Oct 15. HALF SEASON I,ANA & LAUNCkl(May to July) Or (August to October)... ....$400.OU LULKb1Ut WHIGK bKl LV b1L4G7�lo� SUMI�IER DRY LANA STURAGE -May 1 to Oct. 3I ... ... ..... . . ... ... ...... .....$18.00/fi TEMPORARY STOKAGE - Per Day ... ... ... ... ... .. ... ... ... ... ..525.00/ Day without lease '�Soau left without lease or S ciays aftcr notification of completed �vork. SCHEDULED LAUNCH/HALJL BY WA'I'E�tGATE MARINA ...... ... ...... ... ......$7.00 ROiND TRIP- LAUNCH/HAUL BY WATERGATE MARINa ...... ... ... ... ... ... � 10.U0 Example: prop chauge, huli survey, etc EMERGENCY HAUL OIJT- Time plus ... ... ... ... ... ... ..: .. ... . .. .. ... ... ... ... ... $ l 0.U0 COMMAERCIAI. LAUNCH RA"I'�(per use oframp)......... .. ............ ...$75AP Applies to all boats over 8 Y: fi. beazn. SBLF LAUNC�/HAUL (per use of ramp) ... ... ... ... .....Mon-Thurs... ... ... ... ....... � 10.U0 Fxi - Sun ... ... ... ... ... .....$15.00 Hoildays ..................... $15.00 OVER�IIGHT PARKING- per nigbt (launch customers)... ... ... SEASO1vAL LAUNCF3 PASS ... ... ... ... ... ... ... ... ... ... ... ... . . ... ... ... ........ $10.�0 . ... ... ... ... . .. ..$200.00 Pt1MP-OUT CHARGE ... ...... ... ...... ... ...... ... ... ... ... ... ... . . ... ...... ... ........ 515.00 COIvIME�LCIAI. PL7MP-OUT CHARGE ... ... ... ...... ... ... ... ... . ... ...... ............ $65AU SET BOA7 ON BLOCKS OR TRAU.ER (most hoats)... ... .. . . ... .. ... ... ... ... . $65.00 LABOR RATE ... ... ... ... ... ... .. ... . . ... ... ... ... ... ... ... ... ... .. . . ... . ......$50.00 per hour ***ABSOLUETLY NO RBFUNDS OR 5UBSTII"U1'IONS'"** TEMPORARY DOCK RATES.....A DOCK........$12.00 Da}�... ,..... ... $72.00 WEEK B DOCK........$I4,00 L7ay... ........ $84.00 WEEK CDOCK........$16.00 Day... .......,$96.00 WEEK D DOCK........$18.00 Day. ..........$108.00 WEEK ACCOUNTS 30 DAXS PAST AUB ARE SUBJECT TO A 1.5°/u INTEREST RATF. PFR MONTH AND LOSS OF NIARINS CHARGE PRIVILEGES. r.bo 00 - **PRICES (,IST'F.D APPLY 10 TYP1CAL �QATS AND SiTUA.TtONS, ANY AADI'I'iONAI, SPECIAL HANDL,lNG PR.00EDURE, PADDINQ, BLOCKTNG; SOAK UP TIME OR ANY Iv1ECHA1VlCAL FAll.URES W7L1, �E CI ON A TIMEi arrD �rar�rar. ��sis. u��nO�LC wn�cR Jhl I..0 b1L4L' F' _ (� 4 r ' QO •d�1 WATF.RCiATE MARTNA FALI. SF,ViCE PRICF SCNEDUE�i' STORAGE RATES Outside(includeshaul andblock) ............ ........................ ...................�18.00ft Additiona] storage time, per day beginning May 1, 2000... .. .. .?�25.00 Day w/no lease CracUe FIandiing Charge ... ...... ...... ...... ... ... ...... ... ......... .. . .. ...... ..........�75.00 inside Stocage (measured overai( length + beam) ... ......... ... ... ...... ... ...... ... $21.00/ft. Inside storage includes haul aztd block. Example: 24' boat + 8'beam — 32'x $21.00 =5672.00 Trailerabie Boat Storage - Outside ... ............15-20 ft.......... .. ... ....,......,$225.00 21-25 ft..... .. . ...............$275.OQ 26-30 ft ...... ... .. ... ... ...... ... $325.OU 31-35ft ......... . ..... ............$375.00 (Prices above are storage only, other servic� is ala carte). ShrSnk Wzap Inf'ornnation Avaitable llpon Request ... ... ... ... .. . ... ... ... .... � 14.00/ft Haui Out/Launch(included in blocked winter storage) ... ... ... ... ... ... ... ...... ... ... �7.00/1't. Blocking (included in winter stotage) or ser. on trailer ... ...... ... ... ... ... ... ... .. ..$65.00 Cradle Handling Charge ................ ............................... ..... ...............$75.�0 kiaul out on your trailer (with owner running boat} ... ... . .. ... ... . .. . ... ... ... ... ... ... �65.0(i Haul out on your trailer ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... . .. ... ... ... ... ........ $95.00 PressureWash .................... .. ................................. . .. .................$4.00/ft. WE ARE NO LONGER OPFERiNG ACTI� SCRUBS AUE TO k�PA RF;STRICTIONS a fl.a�31 Proposed Watergate Marina Agreement Fact Sheet RFP Responses 7 - Total 1 - Withdrew 2- Long Term A�reement Only 4- Viable Proposals (Allied was selected because they had the most realistic proposal and a very clear understanding that this need to be free of financial risk/responsibility for the City) • 1999 Slip Rates with 5% increase (other services also increased) • Option to extend through storage season if no long term deal complete • FULL OPERATING RESPONSIBI�,ITIES - Launch boats ciu�rently in storage ($8700 value to the City} - Staffregular hours (including gas dock) - Marine Service optional • City receives percentages of revenues from slips and launches for any same revenues over 80% of capacity. City will receive no revenues from other services, however, bears no risk. • Allied prefers to contract with the City to provide some security services. • Inventories handled on consi�nment • No services to boaters with debt to the Mazina. • Allied will use City equipment in "as is" condition. • Allied will post $50,000 performance bond. • Allied will assist the City in the handling/removal of derelict boats • City will assist Allied in transition of management council File # 8 �� o�3g Green Sheet # ��t3y Presented By Referred to Committee: Date 1 WHEREAS, the City has operated Watergate Marina, located at 2500 Crosby Farm Road, since the late 2 1970's, and 3 WHBREAS, the City desires to determine a long term solution for the mana�ement and operation of the 4 Marina, and 5 WHEREAS, the City desires to have the Marina operated for the 2000 boating season, and 6 WHEREAS, the City Council at its March 1, 2000 meeting requested that the administration present a 7 proposal for the operation of the Marina for the 2000 boating season as detailed in Council Resolutio�� 8 00-217, and 9 WHEREAS, the City has received seven proposals from private vendors to provide this service, and 10 WHEREAS, the Division of parks and Recreation Division staff, after analyzing the proposals is 11 recommending that Allied Management Company will do the best job of filling the CiTy's needs at 12 WatergateMarina, 13 NOW, THEREFORE BE IT RESOLVED that the City's Division of Parks and Recreation is hereby 14 authorized to enter into the attached agreement with Allied Management Company for the operation and 15 management of the Marina for the 2000 boating season, and that the requirements of CF 99-694 are 16 waived for this short term agreement. Yeas Nays Absent Benanav � Blakey � Bostrom f Coleman �/ Harris f Lantry � Reiter i/ r"J o� Q Adopted by Council: Date �� Adoption Certified by Council Secretary BY � .— �— 'f� n Approved by Ma < k�gs. } �te: �c��(G!/G�[ �5 Z�� $Y � '��,/� RESOLUT{ON CITY OF SAINT PAUL, MINNESOTA Requested by: Division of Parks and Recreation By: Form Approved by City Attorney BY: � � Approved by Mayor for Submission to Council By: oo-�3q DEPAFTMENT(OFFIGE/COUNC�I DATEINITIATED GREEN SHEET NO. 100134 Parks and Recreation CONTACT PERSON AND PHONE INITIAVDATE INITIAL/DqTE ASSI6N — d`PARTMENT DiRECTOR _C[iY CWNGfL NUMBEfl FO CITV ATTOFNEY _CIN CLERK MUST BE ON COUNCIL AGENDA BV IDAiEI POUTING OFDEP FINANCIAL SERVICES DIR. _ MAVOR(ORASSISTAN'� _ TOTAL E OF SIGNATURE PAGES (CLIP ALL IOCAilONS FOR SIGNATURE) ACTION REQUESTED: Resolution waiving the requirements of CF 99-694 for up to one year and auThorizing the Division of Parks and Recreation to enter into an agreement with Allied Management Company for the management and operation of Watergate Marina. RECOMMENDATIONS: Approve 1A� or Reiec[ fR1 PERSONAL SERVICE CONTRACTS MUST ANSWERTHE FOLLOWING QUESTIONS: _PLANNING COMMISSION _dVIL SEflVICE COMMISSION 7, Has [M1is persoNfrtm ever worketl under a con[ract for this departmen[? _CIB COMMITTEE _ �'ES ND A STAFF 2. Has tM1�s person/fvm ever been a ciry employee? DISTRICTCOUNCIL VES NO -- — 3. Ooes th�s person(firm possess a skdl not norma{{y possessed by any current city employee? SUPPORTS WHICH COUNCIL OBJECTIVE? YES NO Explain all yes answers on separate sheet antl attacM1 to green sheat. INITIATING PROBLEM, ISSUE, OPPORTUNITV IWho, What, When, Where, Why): ADVANTAGES IF APPpOVED: DISADVANTAGES IF APPROVED: DISA�VANTAGES IF NOT APPqOVED: TOTAL AMOUNT OF TRANSACTION � COSTlREVENUE BUUGEfED (CIRCLE ONE) YES NO FUNDING SOURCE pCTNITY NUMBER FINANCIAL INFORMATION� (EXPLAfN) oo-a39 MANAGEMENT AGREEMENT This AGREEMENT, effective as of , 2000 by and between: CITY OF SAINT PAUL, hereinafter called "CITY" F�l ALLIED MANAGEMENT COMPANY, hereinafter called "ALLIED", hereinafter jointly calied "Parties", and also individually called "Party". WITNESSETH: WHEREAS, the CITY is the owner of public park land adjoining the Mississippi River commonly known as Crosby Fann Regional Park which contains a marina hereinafter called "WATERGATE' ; and WHEREAS, the CITY desires to offer public marina services as a recreational amenity at WATERGATE for the 2000 boating season, and WHEREAS, the CITY believes that such services should be provided at a minimal financial risk to the CITY, and WHEREAS, ALLIED has proposed to the CITY that it manage and operate WATERGATE on behalf of the CITY for the 2000 boating season, and WHEREAS, both parties believe it is in their mutual best interest to enter into the within AGREEMENT for the provision of marina services at WATERGATE. NOW, THEREFORE, in consideration of the promises and mutual covenants herein contained, it is agreed as follows: ARTICLE I TERM 11 Term. The term of this AGREEMENT shall consist of the 2000 boating season, beginning upon execution, and ending September 30, 2000. 1.2 Extension O tions. The Parties may extend the term of this AGREEMENT for an additional period from October 1, 2000 to March 31, 2001. This extension may only be exercised in the event that the City has not yet enacted a long-term agreement that includes the time specified. All terms and conditions of this AGREEMENT applicable to the Initial Term (1.1) shall remain in effect for the Extended Term (1.2), except to the extent othenvise agreed to by the parties in writing. vo-a3°� ARTICLE II MARINA PROPERTY DEFINED 2.1 The WATERGATE marina property adjoins the Mississippi River at a location commonly known as Crosby Farm Regional Pazk. The mazina property is indicated by a biack dashed line on attached E�ibit A. 2.2 All other park lands other than those defined as WATERGATE marina property are not govemed in any way, implied or otherwise, by AGREEMENT and remain under the sole control and jurisdiction of the CITY. ARTICLE III OPERATION & MANAGEMENT 3.1 ALLIED shall operate and manage a public mazina facility at WATERGATE; and to engage in normal activities which are incidental to the operation of the marina. 3.2 ALLIED will staff WATERGATE mazina for regular hours that shall be posted at the facility. It is expected that beginning May 1, 2000, that WATERGATE will be routinely staffed at least during the listed times. Monday-Friday 9 a.m. - 6 p.m. Saturday-Sunday 7:30 a.m. - 7:30 p.m. 3.3 ALLIED will operate and staff the gas dock and pump out during the term of this AGREEMENT. 3.4 ALLIED will launch boats at WATERGATE that have a 1999/2000 storage lease with the CITY. ALLIED will only be responsible to launch boats that are known to CITY and have been represented to ALLIED as being in this category as of the date of execution of the AGREEMENT. 3.5 ALLIED will use the CITY's 1999 Siip and Launching Rates with 5% increases as a basis for 2000 WATERGATE rates. A copy of these rates are attached to the AGREEMENT as Exhibit "B". The CITY reserves the right to review and approve all rates. 3.5.1 In the event of an extension in the AGREEMENT as provided in sectionl.2, and ALLIED is to provide services related to 2000/2001 winter haul-out and/or storage, rates shall be agreed to between the CITY and ALLIED, priar to execution of the extension. 3.6 ALLIED will provide security coverage far WATERGATE at a Ievel to be determined by ALLIED and agreed to by the CITY. oo-aa°l 3.6.1 ALLIED may contract with CITY for security coverage at an agreed upon service level and rate, the rate not to be below the CITY's cost for providing such service. No arrangements related to security have been made at this time and may be negotiated and agreed to between the CITY and ALLIED at a fuhxre date. 3.7 ALLIED may choose to provide marine repair service. If ALLIED enters into any agreement or contract for the purpose of providing this service, the CITY has the right to review and approve such sub-contract or arrangement prior to its implementation. 3.8 ALLIED may not act as a boat dealership. ARTICLE IV PAYMENT 41 ALLIED will operate the WATERGATE Mazina at no cost to the CITY. The CITY will incur no new financial obligations related to ALLTED's operation and management of WATERGATE Marina. 4.2 For gross revenues that ALLIED realizes from slips and launches that are less than or equal to 80% of capacity, it will make no payment to the CITY. For the purposes of this AGREEMENT, $132,000 will be recognized as 80% of revenues from slips and launches. 43 For gross revenues that ALLIED realizes from slips and latmches that are between 80% and 90% of capacity, it will pay the CITY an amount of 10°l0 of said revenues. For the purposes of this AGREEMENT, $132,000 will be recognized as 80% of revenues from slips and launches and $147,000 will be recognized as 90% of revenues from slips and launches. 4.4 For gross revenues that ALLIED realizes from slips and launches that are over 90% of capacity, it will pay the CITY an amount of 25% of said revenues. For the purposes of this AGREEMENT, $147,000 wi11 be recognized as 90% ofrevenues from slips and launches. 4.5 The CITY has a right to inspect all books and records pertaining to the operation of Watergate Mazina by ALLIED. The CITY shall be granted inspection of said books and records by providing ALLIED with written notice, whereby ALLIED shall have fifteen (15) days to provide such information to the CITY. oo-a39 ARTICLE V CONSENT TO IMPROVEMENTS 5.1 No improvements or immovable fia�tures can be made, installed, added or constructed by ALLIED to the WATERGATE marina properry without the written consent of the CITY. The CITY may require such information to be supplied by ALLIED as will enable the CITY to determine whether to consent to any proposed improvements or immovable fixtures. 5.2 ALLIED sha11 undertake no reconstruction, alterations, repairs or replacements of existing improvements, fixtures, facilities or equipment on or in the WATERGATE marina property (or adjacent to it), which causes or constitutes a permanent change to WATERGATE mazina property, thereto, without the written consent of the CITY. 5.3 An improvement for the purpose of pazagraphs 5.1 and 5.2 shall be a permanent addition to or permanent betterment of real property that enhances its capital value, and does not include ordinary repairs or maintenance or cleanup of pre-existing conditions. 5.4 The CITY's response to a request for consent under paragraphs 5.1 and 5.2 shall be given in a reasonable time. ARTICLE VI COVENANTS AND UNDERTAKING 6.1 The Parties covenant, agree and acknowledge that each shall provide the following equipment and services: 6.1.1 The CITY shall periodically inspect the WATERGATE marina property and inform ALLIED in writing of any conditions requiring attention as may be required to comply with the obligations under this AGREEMENT. 6.1.2 ALLIED shall undertake no major improvements, construction or alterations to WATERGATE marina property without the prior review and approval of the CITY. 6.13 The CITY shall provide ALLIED with the CITY's participant accident report forms. These forms shall be completed by ALLIED representatives in instances where accidents on or near the WATERGATE marina property are reported to or witnessed by ALLIED representatives. ALLIED shall deliver completed reports to the CITY within five working (5) days following an accident on or near the WATERGATE property. DO-a3q 6.1.4 ALLIED shall act as the rental agent for transient boaters at WATERGATE. All transient fees collected by ALLIED will be retained by ALLIED. 6.1.5 This AGREEMENT does not exempt ALLIED or WATERGATE customers from pazk rules and regulations, except as may be provided elsewhere in this AGREEMENT. 6.1.6 That in cases of emergency or disaster such as flood or other natural acts, ALLIED will cacate WATERGATE marina if required and otherwise cooperate with directives from the City's Director of Pazks and Recreation, Fire Chief, Police Chief or other City official delegated such power due to the emergency. ALLIED will make no claim against the City for lost revenues or added expenses due to such event. 6.1.7 That ALLIED will assist the CITY in the identification and removal of derelict or abandoned boats from the site. That the CITY will fully pursue available options for removal and disposal of such boats. ALLIED shall assume no financial obligation related to the removal of said boats from the WATERGATE property. 61.8 That ALLIED shall have full use of the CITY equipment and materials currently at WATERGATE. That both parties understand that such use of equipment and materiais is in its current condition or on an"as is" basis, ALLIED may make repairs to such equipment and materials as to allow for its use. At the expiration of this AGREEMEI�T, CITX equipment and materials will remain the property of the CITY, returned by ALLIED allowing for normal wear and tear related to its use. 6.19 That current WATERGATE retail and parts inventories will be handled on a consignment basis. ALLIED will provide the CITY payment for any and all inventories that it sells or uses. That the specific written consignment arrangements will be mutually agreed to by ALLIED and the CITY following a mutual review of inventories that will follow the execution of the AGREEMENT. That ALLIED may otherwise assist the CITY in divesting such inventories. 6.2 ALLIED specifically covenants and agrees; 6.2.1 To maintain WATERGATE marina in a safe, clean and orderly condition. 6.2.2 To keep WATERGATE marina free of litter and accumulated trash. Cleanup of the site shall be done on a twice-weekly basis. 6.23 To provide an adequate number of trash receptacles at WATERGATE marina to accommodate debris generated by boat owners and their visitors to the marina and be responsible for the removal of that trash. oo-�a� 6.2.4 To store all ALLIED's equipment and other materials present at the WATERGATE marina premises in an orderly manner so that the appearance of the facility is clean and organized. 6.2.5 To cooperate with and provide such faciliUes that are necessary and appropriate for CITY's Fire Department Hazbor Patrol, U.S. Coast Guard, Coast Guazd Awciliary and Ramsey County Sheriff Water Patrol. 6.2.6 That ALLIED shall provide the CITY with a copy of all a�reements or contracts between the ALLIED and any party who will assist ALLIED in canying out the stipulations of this AGREEMENT. 6.2.7 To not rent space to any individual or entity whose primary purpose is to conduct business at that location, or knowingly allow any of its customers to temporarily or permanently conduct retail or commercial transactions within WATERGATE marina. This does not preclude slip holders from entertaining guests, nor does it prohibit slip holders from conducting personal business or work related to their employment while on their boat. 6.2.8 To conform to City, State and Federal safety, health, accessibility and environmental laws and to cooperate with the appropriate agencies to achieve such objectives. 6.2.9 To comply with State and Federal and Local laws and regulations prohibiting discrimination. . 6.210 That it shall not, in violation of any applicable federal, state or local laws or regulations, pollute any air, soil or ground waters, or dischar�e or release any Hazardous Wastes, in, into, on, over or adjacent to WATERGATE marina or the Mississippi River, and that it shall take reasonable steps to prevent all customers, guests, transient boaters and other users of the marina from doing so. Any such discharge or pollution, or failure to take reasonable steps to prevent such discharge or pollution, which is in vaolation of any such applicable laws or regulations, shall be a breach of this AGREEMENT. ALLIED shall also comply with all applicable federal, state and local laws and regulations, including City ordinances, relating to the control, handling, dischazge or release of said Hazardous �Uastes, and failure so to do shall be a breach of this AGREEMENT. In addition, ALLIED shall be obligated to use the Minnesota Pollution Control Agency Fact Sheet #4.24 "Managing Mazina Waste", published April 8, 1996, as a seneral guideline for its operations and shall work with its membership and slipholders to achieve compliance with the guidelines in said Fact Sheet. oo-�3q 6.2.11 Hazardous Wastes, for the purpose of paragraph 6.2.10 above, shall be and include all dangerous, toxic or hazardous contaminants, pollutants, chemical wastes or substances as defined in applicable federal, state or local laws or regulations, as those may be amended from time to time. 6.2.12 To allow previous WATERGATE customers with accounts in good standing to retain their 1999 dock positions. 6.2.13 To provide no services, including dockage, to any customers with outstanding balances due to the CITY, until such balances are confirmed by the CITY as paid in full. 6.3 The CITY specifically covenants and agrees: 63.1 To cut the grass and maintain the pazk areas adjacent to WATERGATE marina. Tree maintenance and removal throughout the WATERGATE property will remain the responsibility of the CITY. 63.2 To provide that electrical, telephone, water, and septic service are available on the WATERGATE marina property. ALLIED is responsible for payment of all related bills based on its usage and consumption of said utilities for the duration of this AGREEMENT. 6.3 3 To maintain the appropriate permits for the location and operation of a marina at the WATERGATE property that may be required by law and to transfer all appropriate rights to said permits to ALLIED for the term of this AGREEMENT. The CITY shall provide copies of all such permits to the ALLIED. 63.4 To assist ALLIED during the transition of management, including, establishing familiarity with customer accounts, WATERGATE marina facilities and equipment and initial conespondence/billings. 6.3.5 To provide ALLIED with the use of existing WATERGATE marina equipment, in "as is" condition. ARTICLE VII INSURANCE 7.1 ALLIED hereby agrees to defend, indemnify and hold the CITY and any of its officers, agents and employees harmless from any claims, damages, or causes of action arising from the use and operations of Mazina Premises by ALLIED, its agents, officers, or employees. ALLIED 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 Op.a19 amount not less than the limits of the CITY's liability as set forth in Minn. Stat. §466.01 et seq (currently $300,OQ0 individual, $1,000,000 aggregate). ALLIED shall also provide a Marina Operators Legal Liability Policy with limits not less than $300,000 for one occurrence and $1,000,000 aggregate. ALLIED shall provide evidence of such coverage to the CITY upon execution of the agreement. Nothing in this provision shall be construed in any manner as a waiver by the CITY of its statutory limits of liability, imniunities or exceptions. ALLIED 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. 7.2 ALLIED sha11 supply to CITY a current insurance certificate for the policies required in Section 7. Further, ALLIED's Insurance Agent shall provide to the City evidence the Insurance Agents's ERRORS and OMISSIONS Insurance Policy. �.3 The limits cited under the insurance requirement above establish minimums; and it is the sole responsibility of ALLIED to purchase and maintain additional insurance that may be necessary in relation to this agreement. 7.4 ALLIED shali place the insurance ��+ith responsible insurance companies authorized and licensed to do business in the State of Minnesota and approved by City, and shall deliver copies of the policies to City on the date of this AGREEMENT. The policies required in Section 7 shall be endorsed to indicate that the insurer cannot cancel or change the instuance without first giving the City 30 days writien notice. 7.5 If, for any reason, any of the insurance hereunder is void, ALLIED is responsible to the CITY for the total amount of uninsured loss. ARTICLE VIII ADMINISTRATION 8.1 For the purpose of the administration of this Lease Agreement, the CITY's representative shall be the Director of Parks and Recreation and the ALLIED's representative shall be its president. ARTICLE IX DEFAULTlREMEDY 9.1 This AGREEMENT may be terminated at any time by mutual assent of the Parties. 9.2 In the event that either party fails to perform any of the terms or conditions of this AGREEMENT, or violates any term or condition thereof, such failure or violation shall be a breach of the said AGREEMENT. In the event of such a breach, the other party m1y give written notice of the breach to the party 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 terminate this AGREEMENT in its entirety. �a-�s9 93 In the event any provision contained in this AGREEMENT should be breached by either pariy and said breach thereafter waived by the other party, such waiver shall be timited to the particular breach so waived and shall not be deemed to waive any other breach hereunder. 9.4 That neither Party will make any claim and waives any right against the other Party on account of any loss or damage caused by acts of God, such as fire, water, windstorm, floods, freezing, or other acts such as war or civil unrest which affect the leasehold property in connection with its operation under this AGREEMENT. 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 accruing upon any default shali 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 This AGREEMENT shall be construed under the laws of the State of Minnesota; and if any provision or portion thereof, or the application thereof to any person or circumstances shall, to any extent, be invalid or unenforceable, the remainder of this AGREEMENT shall not be. affected thereby, and each provision of this AGREEMENT shall be valid and enforceable to the fullest extent provided by law. 9.7 ALLIED shall post a performance bond in the amount of $50,000 to guarantee the management, performance of management and operations at WATERGATE . The bond will be forfeited to the CITY in the event that ALLIED is found in an uncured breach of this AGREEMENT as defined in article 9. ARTICLE 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 personally or sent by certified mail address to the other return-receipt postage prepaid as follows: AS TO CITY - Director of Parks and Recreation City of Saint Paul 300 City Hall Annex 25 W. 4`" Street Saint Paul. MN 55102 AS TO ALLIED - Luke Michaud, President Allied Management Company PO Box 474 Willernie, MN 55090 0 ao -a'!, or such other subsequent address as the respective Parties shall designate in writing. The time of giving such notice or communication shall be deemed to be the time when the same is actually delivered to the other Party. ARTICLE XI MISCELLANEOUS 11.1 Captions and HeadinQ. The captions and headings used herein are intended only for the convenience of the reference and aze not to be used in construing this AGREEMENT. 11.2. Entire A¢reement. This AGREEMENT constitutes the full 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 this AGREEMENT to be executed and delivered in duplicate as of the date appearing on page one hereof. APPROVED AS TO FORM: City Attorney ALLIED MANAGEMENT Luke Michaud, President Keith Dehnert, Secretary/Treasurer CITY OF SAINT PAUL: Mayor, City of Saint Paul Director of Parks and Recreation Financial5ervices Director G:\SP\ WP 1� \� � O � w � ¢ E< w O SY v� � a fnz ow �W W Q Q Z w -w� Q2'Nd'Q �rnQE O a U J Z Z F U 6 = �¢¢F-� f -°.. z 3 ��o Z W H Z U �r6�.Q . xxa¢� W U O a o I � \ QE i� �. � J Q z4w w�cc E�¢.- w� ¢ w ow K U Z � u¢a¢ ¢ � � Q�CIW Z �� C Q Q o3 x� � O � U W � Q � � O Z r d N � ¢aw.o � t�¢oro '� � �� W¢J /� ¢ K Z Z f c,K« RE � '' � 3¢C¢ s��"'i" � Exb:�wj`- � ��'' \ , � '�/ / \ � \ _ � -__—_--'_____ � -= .-____ ._— __ ".______��:�` � i , -�—� ____ �� /' .� -¢2 � [\ � ' � m " i � Vl�� W I � i � . ��1� Q � � �,� � 3 � �� ^ O � � 3 � �b ' � � �� Vt� �� • �� . ,� ` � _ ,_ _ _-� '�� /11�� _ � =��---;�°��,\: z W � W W � " � Q � m �'- J V Q � Q z � Q � LL � � Q � � � � � � � �� Q H � z X W \��O -- -- �� ' �, � � 'f �� v� .t-1 . �� '- =��0 � , � v, = \ — � � _ ��r"�\ �� \\ \�� i � � � ' � • ,, \V � ti . ° _ �' �� ,� ,�� — � \� � �� ` ' p A � m ,.? �� ' / �\'�\' i s � � � �� I ti=_ o o �� o � „�� a ---- - - - �___� `; I � , -� �. ' �` °, �---- ---_ �- ! I �---� `__ -- - _ - � �, ", �' ; �i=�� __-- -: -.' , � \ -- � ��--=;i�-=- ___ �� __ ��_----=~- �- ,� � �\� , �;,�-��, � �\ m � \ � Q .��, �� 1� �. �� , � .�\ W ��, ;`�. '� � � � ,�1�� > . �? �� —� \ -------- ,,,,�� ,,� � ___- _-.._ _ � \\.�. � � �,�, � _ ; � �'�.-I! ��, ; — — � i � I. . , LUCKb1Lt WHItK SKL CO 61242981J8 P_02 �� "a.9� WATF;RGATE MARINA 2500 Czosby Fazm Rd, St. Paul NtN 5� 1].6 {651) 698-3381 PRICE SCHEDULE SUMMER AOCKAQE (May 1- October 31) includes water and basic electricity. (BoatS must not exceed maaimuzn length or beam.) A DOCK- mazciznum length 24fr. -maacimum beam 8 ft ... .. ... . . . ... ... ... ......$885.00 B DOCK-maximum length 28ft. -maximum beam 9 tt ......... .. ... ........ ..$1150.00 C DOCK- nnaximum length 36 ft. -maximum beam 12 ft ... ... ... .. ... ...... .. ..S 1325.00 D DOCK- maximum length 45 R. -maximum beam 13 ft ... ... .. ..... ... ........$1725.Ot) END SLIPS (NO MAXZMUM BEAM) A DOCK - maxamunn length 48 ft. - 1 slip ... ... ... ... ... ... ........ . ... ... ... ... ... $2050.00 B DOCK - maximutn length 60 ft. -2 slips ....... .................. ............. ....$1325.OQ C DOCK - maximum length 38 ft. -2 slips ......... ...... ... ... ... .. D DOCK - maximwn ]ength 50 ft. -2 slips ... ... ... ...... ....... . ADDYTIONAL STORAGE TIME - per month ......... ....... ..... .. ... ........$153�.OU .. ... ... ... ... ..$1925.00 ... ... ... ... ... $5.00/f't. SUMNZER TR.AILOIZ STORAGE - 6 months May 1- Oct. 31, with tongue jack....�95.0U Without tongue jack....S95,00 TRAiLER ACCESS CHARGE, see Rule 34 ... ... ... ... ... ... .. ... ... ... ....,..�20.00 CRADLE HANDLING C�GE ... . ... ...... ... ... ......... ... ... .. .. ......... ... ....$�5.00 LAND ANA LA[TNC�3 ...... ... ... ...... .. ... ...... ............ ... ... . . ... ... ... ... .... ..�50b.00 Outside storage of boat and trailer only with unlimited use of launch ramp. Period May I- Oct 15. HALF SEASON I,ANA & LAUNCkl(May to July) Or (August to October)... ....$400.OU LULKb1Ut WHIGK bKl LV b1L4G7�lo� SUMI�IER DRY LANA STURAGE -May 1 to Oct. 3I ... ... ..... . . ... ... ...... .....$18.00/fi TEMPORARY STOKAGE - Per Day ... ... ... ... ... .. ... ... ... ... ..525.00/ Day without lease '�Soau left without lease or S ciays aftcr notification of completed �vork. SCHEDULED LAUNCH/HALJL BY WA'I'E�tGATE MARINA ...... ... ...... ... ......$7.00 ROiND TRIP- LAUNCH/HAUL BY WATERGATE MARINa ...... ... ... ... ... ... � 10.U0 Example: prop chauge, huli survey, etc EMERGENCY HAUL OIJT- Time plus ... ... ... ... ... ... ..: .. ... . .. .. ... ... ... ... ... $ l 0.U0 COMMAERCIAI. LAUNCH RA"I'�(per use oframp)......... .. ............ ...$75AP Applies to all boats over 8 Y: fi. beazn. SBLF LAUNC�/HAUL (per use of ramp) ... ... ... ... .....Mon-Thurs... ... ... ... ....... � 10.U0 Fxi - Sun ... ... ... ... ... .....$15.00 Hoildays ..................... $15.00 OVER�IIGHT PARKING- per nigbt (launch customers)... ... ... SEASO1vAL LAUNCF3 PASS ... ... ... ... ... ... ... ... ... ... ... ... . . ... ... ... ........ $10.�0 . ... ... ... ... . .. ..$200.00 Pt1MP-OUT CHARGE ... ...... ... ...... ... ...... ... ... ... ... ... ... . . ... ...... ... ........ 515.00 COIvIME�LCIAI. PL7MP-OUT CHARGE ... ... ... ...... ... ... ... ... . ... ...... ............ $65AU SET BOA7 ON BLOCKS OR TRAU.ER (most hoats)... ... .. . . ... .. ... ... ... ... . $65.00 LABOR RATE ... ... ... ... ... ... .. ... . . ... ... ... ... ... ... ... ... ... .. . . ... . ......$50.00 per hour ***ABSOLUETLY NO RBFUNDS OR 5UBSTII"U1'IONS'"** TEMPORARY DOCK RATES.....A DOCK........$12.00 Da}�... ,..... ... $72.00 WEEK B DOCK........$I4,00 L7ay... ........ $84.00 WEEK CDOCK........$16.00 Day... .......,$96.00 WEEK D DOCK........$18.00 Day. ..........$108.00 WEEK ACCOUNTS 30 DAXS PAST AUB ARE SUBJECT TO A 1.5°/u INTEREST RATF. PFR MONTH AND LOSS OF NIARINS CHARGE PRIVILEGES. r.bo 00 - **PRICES (,IST'F.D APPLY 10 TYP1CAL �QATS AND SiTUA.TtONS, ANY AADI'I'iONAI, SPECIAL HANDL,lNG PR.00EDURE, PADDINQ, BLOCKTNG; SOAK UP TIME OR ANY Iv1ECHA1VlCAL FAll.URES W7L1, �E CI ON A TIMEi arrD �rar�rar. ��sis. u��nO�LC wn�cR Jhl I..0 b1L4L' F' _ (� 4 r ' QO •d�1 WATF.RCiATE MARTNA FALI. SF,ViCE PRICF SCNEDUE�i' STORAGE RATES Outside(includeshaul andblock) ............ ........................ ...................�18.00ft Additiona] storage time, per day beginning May 1, 2000... .. .. .?�25.00 Day w/no lease CracUe FIandiing Charge ... ...... ...... ...... ... ... ...... ... ......... .. . .. ...... ..........�75.00 inside Stocage (measured overai( length + beam) ... ......... ... ... ...... ... ...... ... $21.00/ft. Inside storage includes haul aztd block. Example: 24' boat + 8'beam — 32'x $21.00 =5672.00 Trailerabie Boat Storage - Outside ... ............15-20 ft.......... .. ... ....,......,$225.00 21-25 ft..... .. . ...............$275.OQ 26-30 ft ...... ... .. ... ... ...... ... $325.OU 31-35ft ......... . ..... ............$375.00 (Prices above are storage only, other servic� is ala carte). ShrSnk Wzap Inf'ornnation Avaitable llpon Request ... ... ... ... .. . ... ... ... .... � 14.00/ft Haui Out/Launch(included in blocked winter storage) ... ... ... ... ... ... ... ...... ... ... �7.00/1't. Blocking (included in winter stotage) or ser. on trailer ... ...... ... ... ... ... ... ... .. ..$65.00 Cradle Handling Charge ................ ............................... ..... ...............$75.�0 kiaul out on your trailer (with owner running boat} ... ... . .. ... ... . .. . ... ... ... ... ... ... �65.0(i Haul out on your trailer ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... . .. ... ... ... ... ........ $95.00 PressureWash .................... .. ................................. . .. .................$4.00/ft. WE ARE NO LONGER OPFERiNG ACTI� SCRUBS AUE TO k�PA RF;STRICTIONS a fl.a�31 Proposed Watergate Marina Agreement Fact Sheet RFP Responses 7 - Total 1 - Withdrew 2- Long Term A�reement Only 4- Viable Proposals (Allied was selected because they had the most realistic proposal and a very clear understanding that this need to be free of financial risk/responsibility for the City) • 1999 Slip Rates with 5% increase (other services also increased) • Option to extend through storage season if no long term deal complete • FULL OPERATING RESPONSIBI�,ITIES - Launch boats ciu�rently in storage ($8700 value to the City} - Staffregular hours (including gas dock) - Marine Service optional • City receives percentages of revenues from slips and launches for any same revenues over 80% of capacity. City will receive no revenues from other services, however, bears no risk. • Allied prefers to contract with the City to provide some security services. • Inventories handled on consi�nment • No services to boaters with debt to the Mazina. • Allied will use City equipment in "as is" condition. • Allied will post $50,000 performance bond. • Allied will assist the City in the handling/removal of derelict boats • City will assist Allied in transition of management council File # 8 �� o�3g Green Sheet # ��t3y Presented By Referred to Committee: Date 1 WHEREAS, the City has operated Watergate Marina, located at 2500 Crosby Farm Road, since the late 2 1970's, and 3 WHBREAS, the City desires to determine a long term solution for the mana�ement and operation of the 4 Marina, and 5 WHEREAS, the City desires to have the Marina operated for the 2000 boating season, and 6 WHEREAS, the City Council at its March 1, 2000 meeting requested that the administration present a 7 proposal for the operation of the Marina for the 2000 boating season as detailed in Council Resolutio�� 8 00-217, and 9 WHEREAS, the City has received seven proposals from private vendors to provide this service, and 10 WHEREAS, the Division of parks and Recreation Division staff, after analyzing the proposals is 11 recommending that Allied Management Company will do the best job of filling the CiTy's needs at 12 WatergateMarina, 13 NOW, THEREFORE BE IT RESOLVED that the City's Division of Parks and Recreation is hereby 14 authorized to enter into the attached agreement with Allied Management Company for the operation and 15 management of the Marina for the 2000 boating season, and that the requirements of CF 99-694 are 16 waived for this short term agreement. Yeas Nays Absent Benanav � Blakey � Bostrom f Coleman �/ Harris f Lantry � Reiter i/ r"J o� Q Adopted by Council: Date �� Adoption Certified by Council Secretary BY � .— �— 'f� n Approved by Ma < k�gs. } �te: �c��(G!/G�[ �5 Z�� $Y � '��,/� RESOLUT{ON CITY OF SAINT PAUL, MINNESOTA Requested by: Division of Parks and Recreation By: Form Approved by City Attorney BY: � � Approved by Mayor for Submission to Council By: oo-�3q DEPAFTMENT(OFFIGE/COUNC�I DATEINITIATED GREEN SHEET NO. 100134 Parks and Recreation CONTACT PERSON AND PHONE INITIAVDATE INITIAL/DqTE ASSI6N — d`PARTMENT DiRECTOR _C[iY CWNGfL NUMBEfl FO CITV ATTOFNEY _CIN CLERK MUST BE ON COUNCIL AGENDA BV IDAiEI POUTING OFDEP FINANCIAL SERVICES DIR. _ MAVOR(ORASSISTAN'� _ TOTAL E OF SIGNATURE PAGES (CLIP ALL IOCAilONS FOR SIGNATURE) ACTION REQUESTED: Resolution waiving the requirements of CF 99-694 for up to one year and auThorizing the Division of Parks and Recreation to enter into an agreement with Allied Management Company for the management and operation of Watergate Marina. RECOMMENDATIONS: Approve 1A� or Reiec[ fR1 PERSONAL SERVICE CONTRACTS MUST ANSWERTHE FOLLOWING QUESTIONS: _PLANNING COMMISSION _dVIL SEflVICE COMMISSION 7, Has [M1is persoNfrtm ever worketl under a con[ract for this departmen[? _CIB COMMITTEE _ �'ES ND A STAFF 2. Has tM1�s person/fvm ever been a ciry employee? DISTRICTCOUNCIL VES NO -- — 3. Ooes th�s person(firm possess a skdl not norma{{y possessed by any current city employee? SUPPORTS WHICH COUNCIL OBJECTIVE? YES NO Explain all yes answers on separate sheet antl attacM1 to green sheat. INITIATING PROBLEM, ISSUE, OPPORTUNITV IWho, What, When, Where, Why): ADVANTAGES IF APPpOVED: DISADVANTAGES IF APPROVED: DISA�VANTAGES IF NOT APPqOVED: TOTAL AMOUNT OF TRANSACTION � COSTlREVENUE BUUGEfED (CIRCLE ONE) YES NO FUNDING SOURCE pCTNITY NUMBER FINANCIAL INFORMATION� (EXPLAfN) oo-a39 MANAGEMENT AGREEMENT This AGREEMENT, effective as of , 2000 by and between: CITY OF SAINT PAUL, hereinafter called "CITY" F�l ALLIED MANAGEMENT COMPANY, hereinafter called "ALLIED", hereinafter jointly calied "Parties", and also individually called "Party". WITNESSETH: WHEREAS, the CITY is the owner of public park land adjoining the Mississippi River commonly known as Crosby Fann Regional Park which contains a marina hereinafter called "WATERGATE' ; and WHEREAS, the CITY desires to offer public marina services as a recreational amenity at WATERGATE for the 2000 boating season, and WHEREAS, the CITY believes that such services should be provided at a minimal financial risk to the CITY, and WHEREAS, ALLIED has proposed to the CITY that it manage and operate WATERGATE on behalf of the CITY for the 2000 boating season, and WHEREAS, both parties believe it is in their mutual best interest to enter into the within AGREEMENT for the provision of marina services at WATERGATE. NOW, THEREFORE, in consideration of the promises and mutual covenants herein contained, it is agreed as follows: ARTICLE I TERM 11 Term. The term of this AGREEMENT shall consist of the 2000 boating season, beginning upon execution, and ending September 30, 2000. 1.2 Extension O tions. The Parties may extend the term of this AGREEMENT for an additional period from October 1, 2000 to March 31, 2001. This extension may only be exercised in the event that the City has not yet enacted a long-term agreement that includes the time specified. All terms and conditions of this AGREEMENT applicable to the Initial Term (1.1) shall remain in effect for the Extended Term (1.2), except to the extent othenvise agreed to by the parties in writing. vo-a3°� ARTICLE II MARINA PROPERTY DEFINED 2.1 The WATERGATE marina property adjoins the Mississippi River at a location commonly known as Crosby Farm Regional Pazk. The mazina property is indicated by a biack dashed line on attached E�ibit A. 2.2 All other park lands other than those defined as WATERGATE marina property are not govemed in any way, implied or otherwise, by AGREEMENT and remain under the sole control and jurisdiction of the CITY. ARTICLE III OPERATION & MANAGEMENT 3.1 ALLIED shall operate and manage a public mazina facility at WATERGATE; and to engage in normal activities which are incidental to the operation of the marina. 3.2 ALLIED will staff WATERGATE mazina for regular hours that shall be posted at the facility. It is expected that beginning May 1, 2000, that WATERGATE will be routinely staffed at least during the listed times. Monday-Friday 9 a.m. - 6 p.m. Saturday-Sunday 7:30 a.m. - 7:30 p.m. 3.3 ALLIED will operate and staff the gas dock and pump out during the term of this AGREEMENT. 3.4 ALLIED will launch boats at WATERGATE that have a 1999/2000 storage lease with the CITY. ALLIED will only be responsible to launch boats that are known to CITY and have been represented to ALLIED as being in this category as of the date of execution of the AGREEMENT. 3.5 ALLIED will use the CITY's 1999 Siip and Launching Rates with 5% increases as a basis for 2000 WATERGATE rates. A copy of these rates are attached to the AGREEMENT as Exhibit "B". The CITY reserves the right to review and approve all rates. 3.5.1 In the event of an extension in the AGREEMENT as provided in sectionl.2, and ALLIED is to provide services related to 2000/2001 winter haul-out and/or storage, rates shall be agreed to between the CITY and ALLIED, priar to execution of the extension. 3.6 ALLIED will provide security coverage far WATERGATE at a Ievel to be determined by ALLIED and agreed to by the CITY. oo-aa°l 3.6.1 ALLIED may contract with CITY for security coverage at an agreed upon service level and rate, the rate not to be below the CITY's cost for providing such service. No arrangements related to security have been made at this time and may be negotiated and agreed to between the CITY and ALLIED at a fuhxre date. 3.7 ALLIED may choose to provide marine repair service. If ALLIED enters into any agreement or contract for the purpose of providing this service, the CITY has the right to review and approve such sub-contract or arrangement prior to its implementation. 3.8 ALLIED may not act as a boat dealership. ARTICLE IV PAYMENT 41 ALLIED will operate the WATERGATE Mazina at no cost to the CITY. The CITY will incur no new financial obligations related to ALLTED's operation and management of WATERGATE Marina. 4.2 For gross revenues that ALLIED realizes from slips and launches that are less than or equal to 80% of capacity, it will make no payment to the CITY. For the purposes of this AGREEMENT, $132,000 will be recognized as 80% of revenues from slips and launches. 43 For gross revenues that ALLIED realizes from slips and latmches that are between 80% and 90% of capacity, it will pay the CITY an amount of 10°l0 of said revenues. For the purposes of this AGREEMENT, $132,000 will be recognized as 80% of revenues from slips and launches and $147,000 will be recognized as 90% of revenues from slips and launches. 4.4 For gross revenues that ALLIED realizes from slips and launches that are over 90% of capacity, it will pay the CITY an amount of 25% of said revenues. For the purposes of this AGREEMENT, $147,000 wi11 be recognized as 90% ofrevenues from slips and launches. 4.5 The CITY has a right to inspect all books and records pertaining to the operation of Watergate Mazina by ALLIED. The CITY shall be granted inspection of said books and records by providing ALLIED with written notice, whereby ALLIED shall have fifteen (15) days to provide such information to the CITY. oo-a39 ARTICLE V CONSENT TO IMPROVEMENTS 5.1 No improvements or immovable fia�tures can be made, installed, added or constructed by ALLIED to the WATERGATE marina properry without the written consent of the CITY. The CITY may require such information to be supplied by ALLIED as will enable the CITY to determine whether to consent to any proposed improvements or immovable fixtures. 5.2 ALLIED sha11 undertake no reconstruction, alterations, repairs or replacements of existing improvements, fixtures, facilities or equipment on or in the WATERGATE marina property (or adjacent to it), which causes or constitutes a permanent change to WATERGATE mazina property, thereto, without the written consent of the CITY. 5.3 An improvement for the purpose of pazagraphs 5.1 and 5.2 shall be a permanent addition to or permanent betterment of real property that enhances its capital value, and does not include ordinary repairs or maintenance or cleanup of pre-existing conditions. 5.4 The CITY's response to a request for consent under paragraphs 5.1 and 5.2 shall be given in a reasonable time. ARTICLE VI COVENANTS AND UNDERTAKING 6.1 The Parties covenant, agree and acknowledge that each shall provide the following equipment and services: 6.1.1 The CITY shall periodically inspect the WATERGATE marina property and inform ALLIED in writing of any conditions requiring attention as may be required to comply with the obligations under this AGREEMENT. 6.1.2 ALLIED shall undertake no major improvements, construction or alterations to WATERGATE marina property without the prior review and approval of the CITY. 6.13 The CITY shall provide ALLIED with the CITY's participant accident report forms. These forms shall be completed by ALLIED representatives in instances where accidents on or near the WATERGATE marina property are reported to or witnessed by ALLIED representatives. ALLIED shall deliver completed reports to the CITY within five working (5) days following an accident on or near the WATERGATE property. DO-a3q 6.1.4 ALLIED shall act as the rental agent for transient boaters at WATERGATE. All transient fees collected by ALLIED will be retained by ALLIED. 6.1.5 This AGREEMENT does not exempt ALLIED or WATERGATE customers from pazk rules and regulations, except as may be provided elsewhere in this AGREEMENT. 6.1.6 That in cases of emergency or disaster such as flood or other natural acts, ALLIED will cacate WATERGATE marina if required and otherwise cooperate with directives from the City's Director of Pazks and Recreation, Fire Chief, Police Chief or other City official delegated such power due to the emergency. ALLIED will make no claim against the City for lost revenues or added expenses due to such event. 6.1.7 That ALLIED will assist the CITY in the identification and removal of derelict or abandoned boats from the site. That the CITY will fully pursue available options for removal and disposal of such boats. ALLIED shall assume no financial obligation related to the removal of said boats from the WATERGATE property. 61.8 That ALLIED shall have full use of the CITY equipment and materials currently at WATERGATE. That both parties understand that such use of equipment and materiais is in its current condition or on an"as is" basis, ALLIED may make repairs to such equipment and materials as to allow for its use. At the expiration of this AGREEMEI�T, CITX equipment and materials will remain the property of the CITY, returned by ALLIED allowing for normal wear and tear related to its use. 6.19 That current WATERGATE retail and parts inventories will be handled on a consignment basis. ALLIED will provide the CITY payment for any and all inventories that it sells or uses. That the specific written consignment arrangements will be mutually agreed to by ALLIED and the CITY following a mutual review of inventories that will follow the execution of the AGREEMENT. That ALLIED may otherwise assist the CITY in divesting such inventories. 6.2 ALLIED specifically covenants and agrees; 6.2.1 To maintain WATERGATE marina in a safe, clean and orderly condition. 6.2.2 To keep WATERGATE marina free of litter and accumulated trash. Cleanup of the site shall be done on a twice-weekly basis. 6.23 To provide an adequate number of trash receptacles at WATERGATE marina to accommodate debris generated by boat owners and their visitors to the marina and be responsible for the removal of that trash. oo-�a� 6.2.4 To store all ALLIED's equipment and other materials present at the WATERGATE marina premises in an orderly manner so that the appearance of the facility is clean and organized. 6.2.5 To cooperate with and provide such faciliUes that are necessary and appropriate for CITY's Fire Department Hazbor Patrol, U.S. Coast Guard, Coast Guazd Awciliary and Ramsey County Sheriff Water Patrol. 6.2.6 That ALLIED shall provide the CITY with a copy of all a�reements or contracts between the ALLIED and any party who will assist ALLIED in canying out the stipulations of this AGREEMENT. 6.2.7 To not rent space to any individual or entity whose primary purpose is to conduct business at that location, or knowingly allow any of its customers to temporarily or permanently conduct retail or commercial transactions within WATERGATE marina. This does not preclude slip holders from entertaining guests, nor does it prohibit slip holders from conducting personal business or work related to their employment while on their boat. 6.2.8 To conform to City, State and Federal safety, health, accessibility and environmental laws and to cooperate with the appropriate agencies to achieve such objectives. 6.2.9 To comply with State and Federal and Local laws and regulations prohibiting discrimination. . 6.210 That it shall not, in violation of any applicable federal, state or local laws or regulations, pollute any air, soil or ground waters, or dischar�e or release any Hazardous Wastes, in, into, on, over or adjacent to WATERGATE marina or the Mississippi River, and that it shall take reasonable steps to prevent all customers, guests, transient boaters and other users of the marina from doing so. Any such discharge or pollution, or failure to take reasonable steps to prevent such discharge or pollution, which is in vaolation of any such applicable laws or regulations, shall be a breach of this AGREEMENT. ALLIED shall also comply with all applicable federal, state and local laws and regulations, including City ordinances, relating to the control, handling, dischazge or release of said Hazardous �Uastes, and failure so to do shall be a breach of this AGREEMENT. In addition, ALLIED shall be obligated to use the Minnesota Pollution Control Agency Fact Sheet #4.24 "Managing Mazina Waste", published April 8, 1996, as a seneral guideline for its operations and shall work with its membership and slipholders to achieve compliance with the guidelines in said Fact Sheet. oo-�3q 6.2.11 Hazardous Wastes, for the purpose of paragraph 6.2.10 above, shall be and include all dangerous, toxic or hazardous contaminants, pollutants, chemical wastes or substances as defined in applicable federal, state or local laws or regulations, as those may be amended from time to time. 6.2.12 To allow previous WATERGATE customers with accounts in good standing to retain their 1999 dock positions. 6.2.13 To provide no services, including dockage, to any customers with outstanding balances due to the CITY, until such balances are confirmed by the CITY as paid in full. 6.3 The CITY specifically covenants and agrees: 63.1 To cut the grass and maintain the pazk areas adjacent to WATERGATE marina. Tree maintenance and removal throughout the WATERGATE property will remain the responsibility of the CITY. 63.2 To provide that electrical, telephone, water, and septic service are available on the WATERGATE marina property. ALLIED is responsible for payment of all related bills based on its usage and consumption of said utilities for the duration of this AGREEMENT. 6.3 3 To maintain the appropriate permits for the location and operation of a marina at the WATERGATE property that may be required by law and to transfer all appropriate rights to said permits to ALLIED for the term of this AGREEMENT. The CITY shall provide copies of all such permits to the ALLIED. 63.4 To assist ALLIED during the transition of management, including, establishing familiarity with customer accounts, WATERGATE marina facilities and equipment and initial conespondence/billings. 6.3.5 To provide ALLIED with the use of existing WATERGATE marina equipment, in "as is" condition. ARTICLE VII INSURANCE 7.1 ALLIED hereby agrees to defend, indemnify and hold the CITY and any of its officers, agents and employees harmless from any claims, damages, or causes of action arising from the use and operations of Mazina Premises by ALLIED, its agents, officers, or employees. ALLIED 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 Op.a19 amount not less than the limits of the CITY's liability as set forth in Minn. Stat. §466.01 et seq (currently $300,OQ0 individual, $1,000,000 aggregate). ALLIED shall also provide a Marina Operators Legal Liability Policy with limits not less than $300,000 for one occurrence and $1,000,000 aggregate. ALLIED shall provide evidence of such coverage to the CITY upon execution of the agreement. Nothing in this provision shall be construed in any manner as a waiver by the CITY of its statutory limits of liability, imniunities or exceptions. ALLIED 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. 7.2 ALLIED sha11 supply to CITY a current insurance certificate for the policies required in Section 7. Further, ALLIED's Insurance Agent shall provide to the City evidence the Insurance Agents's ERRORS and OMISSIONS Insurance Policy. �.3 The limits cited under the insurance requirement above establish minimums; and it is the sole responsibility of ALLIED to purchase and maintain additional insurance that may be necessary in relation to this agreement. 7.4 ALLIED shali place the insurance ��+ith responsible insurance companies authorized and licensed to do business in the State of Minnesota and approved by City, and shall deliver copies of the policies to City on the date of this AGREEMENT. The policies required in Section 7 shall be endorsed to indicate that the insurer cannot cancel or change the instuance without first giving the City 30 days writien notice. 7.5 If, for any reason, any of the insurance hereunder is void, ALLIED is responsible to the CITY for the total amount of uninsured loss. ARTICLE VIII ADMINISTRATION 8.1 For the purpose of the administration of this Lease Agreement, the CITY's representative shall be the Director of Parks and Recreation and the ALLIED's representative shall be its president. ARTICLE IX DEFAULTlREMEDY 9.1 This AGREEMENT may be terminated at any time by mutual assent of the Parties. 9.2 In the event that either party fails to perform any of the terms or conditions of this AGREEMENT, or violates any term or condition thereof, such failure or violation shall be a breach of the said AGREEMENT. In the event of such a breach, the other party m1y give written notice of the breach to the party 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 terminate this AGREEMENT in its entirety. �a-�s9 93 In the event any provision contained in this AGREEMENT should be breached by either pariy and said breach thereafter waived by the other party, such waiver shall be timited to the particular breach so waived and shall not be deemed to waive any other breach hereunder. 9.4 That neither Party will make any claim and waives any right against the other Party on account of any loss or damage caused by acts of God, such as fire, water, windstorm, floods, freezing, or other acts such as war or civil unrest which affect the leasehold property in connection with its operation under this AGREEMENT. 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 accruing upon any default shali 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 This AGREEMENT shall be construed under the laws of the State of Minnesota; and if any provision or portion thereof, or the application thereof to any person or circumstances shall, to any extent, be invalid or unenforceable, the remainder of this AGREEMENT shall not be. affected thereby, and each provision of this AGREEMENT shall be valid and enforceable to the fullest extent provided by law. 9.7 ALLIED shall post a performance bond in the amount of $50,000 to guarantee the management, performance of management and operations at WATERGATE . The bond will be forfeited to the CITY in the event that ALLIED is found in an uncured breach of this AGREEMENT as defined in article 9. ARTICLE 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 personally or sent by certified mail address to the other return-receipt postage prepaid as follows: AS TO CITY - Director of Parks and Recreation City of Saint Paul 300 City Hall Annex 25 W. 4`" Street Saint Paul. MN 55102 AS TO ALLIED - Luke Michaud, President Allied Management Company PO Box 474 Willernie, MN 55090 0 ao -a'!, or such other subsequent address as the respective Parties shall designate in writing. The time of giving such notice or communication shall be deemed to be the time when the same is actually delivered to the other Party. ARTICLE XI MISCELLANEOUS 11.1 Captions and HeadinQ. The captions and headings used herein are intended only for the convenience of the reference and aze not to be used in construing this AGREEMENT. 11.2. Entire A¢reement. This AGREEMENT constitutes the full 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 this AGREEMENT to be executed and delivered in duplicate as of the date appearing on page one hereof. APPROVED AS TO FORM: City Attorney ALLIED MANAGEMENT Luke Michaud, President Keith Dehnert, Secretary/Treasurer CITY OF SAINT PAUL: Mayor, City of Saint Paul Director of Parks and Recreation Financial5ervices Director G:\SP\ WP 1� \� � O � w � ¢ E< w O SY v� � a fnz ow �W W Q Q Z w -w� Q2'Nd'Q �rnQE O a U J Z Z F U 6 = �¢¢F-� f -°.. z 3 ��o Z W H Z U �r6�.Q . xxa¢� W U O a o I � \ QE i� �. � J Q z4w w�cc E�¢.- w� ¢ w ow K U Z � u¢a¢ ¢ � � Q�CIW Z �� C Q Q o3 x� � O � U W � Q � � O Z r d N � ¢aw.o � t�¢oro '� � �� W¢J /� ¢ K Z Z f c,K« RE � '' � 3¢C¢ s��"'i" � Exb:�wj`- � ��'' \ , � '�/ / \ � \ _ � -__—_--'_____ � -= .-____ ._— __ ".______��:�` � i , -�—� ____ �� /' .� -¢2 � [\ � ' � m " i � Vl�� W I � i � . ��1� Q � � �,� � 3 � �� ^ O � � 3 � �b ' � � �� Vt� �� • �� . ,� ` � _ ,_ _ _-� '�� /11�� _ � =��---;�°��,\: z W � W W � " � Q � m �'- J V Q � Q z � Q � LL � � Q � � � � � � � �� Q H � z X W \��O -- -- �� ' �, � � 'f �� v� .t-1 . �� '- =��0 � , � v, = \ — � � _ ��r"�\ �� \\ \�� i � � � ' � • ,, \V � ti . ° _ �' �� ,� ,�� — � \� � �� ` ' p A � m ,.? �� ' / �\'�\' i s � � � �� I ti=_ o o �� o � „�� a ---- - - - �___� `; I � , -� �. ' �` °, �---- ---_ �- ! I �---� `__ -- - _ - � �, ", �' ; �i=�� __-- -: -.' , � \ -- � ��--=;i�-=- ___ �� __ ��_----=~- �- ,� � �\� , �;,�-��, � �\ m � \ � Q .��, �� 1� �. �� , � .�\ W ��, ;`�. '� � � � ,�1�� > . �? �� —� \ -------- ,,,,�� ,,� � ___- _-.._ _ � \\.�. � � �,�, � _ ; � �'�.-I! ��, ; — — � i � I. . , LUCKb1Lt WHItK SKL CO 61242981J8 P_02 �� "a.9� WATF;RGATE MARINA 2500 Czosby Fazm Rd, St. Paul NtN 5� 1].6 {651) 698-3381 PRICE SCHEDULE SUMMER AOCKAQE (May 1- October 31) includes water and basic electricity. (BoatS must not exceed maaimuzn length or beam.) A DOCK- mazciznum length 24fr. -maacimum beam 8 ft ... .. ... . . . ... ... ... ......$885.00 B DOCK-maximum length 28ft. -maximum beam 9 tt ......... .. ... ........ ..$1150.00 C DOCK- nnaximum length 36 ft. -maximum beam 12 ft ... ... ... .. ... ...... .. ..S 1325.00 D DOCK- maximum length 45 R. -maximum beam 13 ft ... ... .. ..... ... ........$1725.Ot) END SLIPS (NO MAXZMUM BEAM) A DOCK - maxamunn length 48 ft. - 1 slip ... ... ... ... ... ... ........ . ... ... ... ... ... $2050.00 B DOCK - maximutn length 60 ft. -2 slips ....... .................. ............. ....$1325.OQ C DOCK - maximum length 38 ft. -2 slips ......... ...... ... ... ... .. D DOCK - maximwn ]ength 50 ft. -2 slips ... ... ... ...... ....... . ADDYTIONAL STORAGE TIME - per month ......... ....... ..... .. ... ........$153�.OU .. ... ... ... ... ..$1925.00 ... ... ... ... ... $5.00/f't. SUMNZER TR.AILOIZ STORAGE - 6 months May 1- Oct. 31, with tongue jack....�95.0U Without tongue jack....S95,00 TRAiLER ACCESS CHARGE, see Rule 34 ... ... ... ... ... ... .. ... ... ... ....,..�20.00 CRADLE HANDLING C�GE ... . ... ...... ... ... ......... ... ... .. .. ......... ... ....$�5.00 LAND ANA LA[TNC�3 ...... ... ... ...... .. ... ...... ............ ... ... . . ... ... ... ... .... ..�50b.00 Outside storage of boat and trailer only with unlimited use of launch ramp. Period May I- Oct 15. HALF SEASON I,ANA & LAUNCkl(May to July) Or (August to October)... ....$400.OU LULKb1Ut WHIGK bKl LV b1L4G7�lo� SUMI�IER DRY LANA STURAGE -May 1 to Oct. 3I ... ... ..... . . ... ... ...... .....$18.00/fi TEMPORARY STOKAGE - Per Day ... ... ... ... ... .. ... ... ... ... ..525.00/ Day without lease '�Soau left without lease or S ciays aftcr notification of completed �vork. SCHEDULED LAUNCH/HALJL BY WA'I'E�tGATE MARINA ...... ... ...... ... ......$7.00 ROiND TRIP- LAUNCH/HAUL BY WATERGATE MARINa ...... ... ... ... ... ... � 10.U0 Example: prop chauge, huli survey, etc EMERGENCY HAUL OIJT- Time plus ... ... ... ... ... ... ..: .. ... . .. .. ... ... ... ... ... $ l 0.U0 COMMAERCIAI. LAUNCH RA"I'�(per use oframp)......... .. ............ ...$75AP Applies to all boats over 8 Y: fi. beazn. SBLF LAUNC�/HAUL (per use of ramp) ... ... ... ... .....Mon-Thurs... ... ... ... ....... � 10.U0 Fxi - Sun ... ... ... ... ... .....$15.00 Hoildays ..................... $15.00 OVER�IIGHT PARKING- per nigbt (launch customers)... ... ... SEASO1vAL LAUNCF3 PASS ... ... ... ... ... ... ... ... ... ... ... ... . . ... ... ... ........ $10.�0 . ... ... ... ... . .. ..$200.00 Pt1MP-OUT CHARGE ... ...... ... ...... ... ...... ... ... ... ... ... ... . . ... ...... ... ........ 515.00 COIvIME�LCIAI. PL7MP-OUT CHARGE ... ... ... ...... ... ... ... ... . ... ...... ............ $65AU SET BOA7 ON BLOCKS OR TRAU.ER (most hoats)... ... .. . . ... .. ... ... ... ... . $65.00 LABOR RATE ... ... ... ... ... ... .. ... . . ... ... ... ... ... ... ... ... ... .. . . ... . ......$50.00 per hour ***ABSOLUETLY NO RBFUNDS OR 5UBSTII"U1'IONS'"** TEMPORARY DOCK RATES.....A DOCK........$12.00 Da}�... ,..... ... $72.00 WEEK B DOCK........$I4,00 L7ay... ........ $84.00 WEEK CDOCK........$16.00 Day... .......,$96.00 WEEK D DOCK........$18.00 Day. ..........$108.00 WEEK ACCOUNTS 30 DAXS PAST AUB ARE SUBJECT TO A 1.5°/u INTEREST RATF. PFR MONTH AND LOSS OF NIARINS CHARGE PRIVILEGES. r.bo 00 - **PRICES (,IST'F.D APPLY 10 TYP1CAL �QATS AND SiTUA.TtONS, ANY AADI'I'iONAI, SPECIAL HANDL,lNG PR.00EDURE, PADDINQ, BLOCKTNG; SOAK UP TIME OR ANY Iv1ECHA1VlCAL FAll.URES W7L1, �E CI ON A TIMEi arrD �rar�rar. ��sis. u��nO�LC wn�cR Jhl I..0 b1L4L' F' _ (� 4 r ' QO •d�1 WATF.RCiATE MARTNA FALI. SF,ViCE PRICF SCNEDUE�i' STORAGE RATES Outside(includeshaul andblock) ............ ........................ ...................�18.00ft Additiona] storage time, per day beginning May 1, 2000... .. .. .?�25.00 Day w/no lease CracUe FIandiing Charge ... ...... ...... ...... ... ... ...... ... ......... .. . .. ...... ..........�75.00 inside Stocage (measured overai( length + beam) ... ......... ... ... ...... ... ...... ... $21.00/ft. Inside storage includes haul aztd block. Example: 24' boat + 8'beam — 32'x $21.00 =5672.00 Trailerabie Boat Storage - Outside ... ............15-20 ft.......... .. ... ....,......,$225.00 21-25 ft..... .. . ...............$275.OQ 26-30 ft ...... ... .. ... ... ...... ... $325.OU 31-35ft ......... . ..... ............$375.00 (Prices above are storage only, other servic� is ala carte). ShrSnk Wzap Inf'ornnation Avaitable llpon Request ... ... ... ... .. . ... ... ... .... � 14.00/ft Haui Out/Launch(included in blocked winter storage) ... ... ... ... ... ... ... ...... ... ... �7.00/1't. Blocking (included in winter stotage) or ser. on trailer ... ...... ... ... ... ... ... ... .. ..$65.00 Cradle Handling Charge ................ ............................... ..... ...............$75.�0 kiaul out on your trailer (with owner running boat} ... ... . .. ... ... . .. . ... ... ... ... ... ... �65.0(i Haul out on your trailer ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... . .. ... ... ... ... ........ $95.00 PressureWash .................... .. ................................. . .. .................$4.00/ft. WE ARE NO LONGER OPFERiNG ACTI� SCRUBS AUE TO k�PA RF;STRICTIONS a fl.a�31 Proposed Watergate Marina Agreement Fact Sheet RFP Responses 7 - Total 1 - Withdrew 2- Long Term A�reement Only 4- Viable Proposals (Allied was selected because they had the most realistic proposal and a very clear understanding that this need to be free of financial risk/responsibility for the City) • 1999 Slip Rates with 5% increase (other services also increased) • Option to extend through storage season if no long term deal complete • FULL OPERATING RESPONSIBI�,ITIES - Launch boats ciu�rently in storage ($8700 value to the City} - Staffregular hours (including gas dock) - Marine Service optional • City receives percentages of revenues from slips and launches for any same revenues over 80% of capacity. City will receive no revenues from other services, however, bears no risk. • Allied prefers to contract with the City to provide some security services. • Inventories handled on consi�nment • No services to boaters with debt to the Mazina. • Allied will use City equipment in "as is" condition. • Allied will post $50,000 performance bond. • Allied will assist the City in the handling/removal of derelict boats • City will assist Allied in transition of management