275875 WHITE - CITY CLERK
PINK - FINANCE COQIICII -�^!C[�j
BLUE RY - MAYOR MENT G I T Y O F S A I N T PA U L ���. !�? t
File N 0. i•�r v►rr��
o il, Resolution
Presented By
Referred To Committee: Date
Out of Committee By Date
WHEREAS, The City of Saint Paul entered into a lease agreement
dated May l, 1978, with Svoboda Boat Works, Inc. , (Tenant) , for the
operation of a marina; and
WHEREAS, Tenant has submitted a proposal to amend said agreement
to include additional City property which would be utilized for uses
incidental or related to the operation of the marina; and
WHEREAS, The proposal presented by Tenant meets the terms and
conditions set forth by the Department of Community Services for
the lease of said additional property; now, therefore, be it
RESOLVED BY THE COUNCIL OF THE CITY OF SAINT PAUL:
l. That the Council of the City of Saint Paul does hereby
approve and authorize the lease amendment for the Watergate Marina
between the City and Svoboda Boat Works, Inc. ; and
2. That the proper City officers are hereby authorized and
directed to execute said lease amendment on behalf of the City of
Saint Paul.
COUIVCILMEN
Yeas Nays Requestgd by Department of:
Hunt COMMUNITY SERVICES
Levine In Favor
Maddox
McMahon B
snowalter - __ Against Y
Tedesco
Wilso�
O�,'T Q 1 !� Form App ed by City Attome
Ado d bv Council• Date 3 ��' �
ertified Ya• d by Co cil Secretary BY �
By
App by ;Nay r: D _ � � 1g80 App ed by Mayor for m� s�n to Council
By BY
_ �cs��� ^�d i)V 8 1980
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LEASE AMENDMENT
� THIS LEASE AMENDMENT, Made on or as of the day of
, 1980, between the CITY OF SAINT PAUL, a municipal
corporation of the State of Minnesota, hereinafter referred to as
"City", and SVOBODA BOAT WORKS, INC. , a Minnesota corporation,
hereinafter referred to as "Tenant" ;
WITNESSETH:
f
WHEREAS, The City and Tenant have heretofore entered into that
certain lease dated May 1, 1978, hereinafter called the "Lease",
wherein City has leased to Tenant those certain tracts of land
situated in the County of Ramsey, State of Minnesota, described on
Exhibits A and B attached hereto and by reference made a part here-
of, hereinafter called the "Leased Premises"; and
WHEREAS, The City and Tenant deem it desirable to amend the
Lease to provide for new terms and conditions;
NOW, THEREFORE, In consideration of the foregoing, it is
mutually agreed by the parties hereto as follows :
I.
Article I of the Lease is hereby amended by the addition of
the following language:
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City further agrees that it shall lease unto Ten-
ant the twelve cave areas more fully described in
Exhibit D attached hereto and by reference made a part
hereof. Tenant shall use said areas for uses related
to or incidental to the uses set forth in Article IV of
the Lease. The approximate area of said twelve caves
is 100, 000 square feet. Said cave area shall be consid-
ered part of the Leased Premises.
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TO HAVE AND TO HOLD THE SAME for a term commencing
upon such acceptance and ending on the 30th day of April,
1979, or the 30th day of April of any renewal term,
unless sooner terminated as hereinafter provided, subject
to all of the terms, covenants, and conditions set forth
herein.
II.
Article IX of the Lease is hereby amended by the addition of
the following language:
Tenant shall furnish City with evidence that insur-
ance coverage has been obtained with regard to that
portion of the Leased Premises described in Exhibit D.
Said insurance coverage shall be in the same amounts as
required under Lease.
2.
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III.
Except as herein amended or modified, all of the terms,
covenants and conditions of the Lease shall remain in full force
and effect and binding upon the parties hereto.
IN WITNESS HEREOF, The City and Tenant have hereunto executed
this agreement as of the day and year first above written.
C I�'Y OF SA I NT PAUL
By:
Mayor
Approved as to Form:
By:
Director, Department of
Assistant City Attorney Community Services
By:
� Director, Department of Finance
and Management Services
SVOBODA BOAT WORKS, INC.
By:
(Corporate Seal) Its
3.
STATE OF MINNESOTA )
) ss.
COi[JJNTY OF RAMSEY )
The foregoing instrument was acknowledged before me this
day of , 1980, by George Latimer,
Mayor, Thomas Kelley, Director of the Department of Community
Services, and Bernard Carlson, Director of the Department of
Finance and Management Services, respectively, of the CITY OF
SAINT PAUL, a municipal corporation, on behalf of said City.
�
Notary Public, Ramsey Co. , Minn.
(Notarial Seal) My commission expires
STATE OF MINNESOTA )
) ss.
COUNTY OF RAMSEY )
The foregoing instrument was acknowlec3ged before me this
day of , 1980, by Gary Svoboda,
President of SVOBODA BOAT WORKS, INC. , a Minnesota corporation, on
behalf of said Company.
Notary Public, Ramsey Co. , Minn.
(Notarial Seal) My commission expires
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EXHIBIT A
Legal Description of Leased Premises
(Initial Leasehold)
A tract of land situated in the County of Ramsey, State of Minnesota,
legally described as follows:
Subject to easements of record, all that part of Gov-
ernment Lot 4, Section 21, Township 28 North, Range 23
West lying southerly and easterly of the following de-
scribed line:
F
C�mmEnciny at the ilortheast coY ner �f the so�ith�;as t
quarter of Section 21, Township 28 North, Range 23
West; thence on an assumed bearing of South, alona
the East line of said Section 21, a distance of
201.27 �feet to the point of beginning; thence on a
bearing of West, a distance of 110.83 feet; thence
South 68 degrees, 00 minutes, 00 seconds West, a
distance of 330.00 feet thence South 56 degrees, 30
minutes, 00 seconds West a distance of 200.00 feet;
thence South 8 degrees, 30 minutes, 00 seconds East,
a distance of 880 feet more or less to the intersec-
tion with the southerly line of said Government Lot
4 and there terminating,
. Also all that part of Government Lot 1, Section 22,
Township 28 North, Range 23 West lying westerly of
the following described line:
Commencing at the northwest corner of the southwest
quarter of Section 22, Township 28 North, Range 23
west, thence on an assumed bearing of South, along
the West line of said Section 22, a distance of
201.27 feet to the point of beginning; thence South
18 degrees, 50 minutes, 00 seconds East, a distance
of 1050.00 feet more or less to the intersection with
the southerly line of said Government Lot 1 and there
terminating.
A-1 _
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EXHIBIT B
Legal Description of Leased Premises
(Leasehold upon acceptance of Development Plans)
PARCEL NO. 1
That part of Government Lot 4, Section 21, Township 28 North,
Range 23 West of the 4th Principal Meridian, Ramsey County,
Minnesota, lying East of the West 33.0 feet thereof, and lying
southerly of the following described line: Commencing at the in-
tersection of the southerly line of Reserve Boulevard and the East
line of said Government Lat 4, thence South along the East line of
said Government Lot 4, thence South along the East line of' said
Government Lot 4 a distance of 242.61 feet to the point of begin-
ning of the line to be herein described: thence South 90° west a
distance of 11�.83 feet; th�n�e Soutn 6�5�00 ' West a ciis•cance of
330.00 feet; thence South 56�30 ' West a distance of 736. 22 feet;
thence South 71059 ' West a distance of 266.4 feet more or less to
. the. East line of the West 33.0 feet of said Government Lot 4 and
there terminating. Subject to an easement for Storm 5ewer over
and across a strip of land 20 feet width lying northerly of the
Mississippi River and lying southerly of the southerly line of
Mississippi River Boulevard described above and lying adjacent to
and 10 feet on either side of a line 325.0 feet westerly of and
parallel to the last line of Government Lot 4, Section 21, Town-
ship 28, R�nge ^?, Ram�e�T Co:��t�� , Min:�eso�3.
also described as:
Those parts of Government Lot 4, Section 21, Township 28 North,
Range 23 West of the Fourth Principal Meridian and of Lots 1 and 2
of Snelling Out Lots, lying southeasterly of the following described
lines:
Beginning at a point on the east line of said Section 21 a distance
of 18. 19 feet south of the point at which the southerly line of
Youngman Avenue intersects the said east line of said Section 21;
thence South 57�52 ' west a distance of 1491. 33 feet to a point,
thence south 89°59 ' west a distance of 21. 19 feet to a point in the
east line of Davern Avenue; thence continuing south 89�59 ' west a
distance of 33 feet more or less to the west line of said Lot 4
and there terminating; subject to the rights conveyed to the City
B-1
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EXHIBIT B (Cont'd. )
of St. Paul by warranty deed dated July 12, 1957, filed for record
in the office of the Register of Deeds of Ramsey County, Ju1y 12,
1957, and recorded in Book 1555 of Deeds at page 303, and subject
to the rights of the City of St. Paul in the westerly 33 feet of
� said Lot 4 for Davern Avenue, including buildings and slips lo-
cated thereon, and except the following described tract:
Those parts of Government Lot 4, Section 21, Township
28 North, Range 23 West of the Fourth Prinicipal Meridian,
and Lot 1, Snelling Out Lots, bounded by the following
described lines: Beginning at the point of intersection
of the southerly line of .Re,-�erve Boulevard and the east
line of said Section 21, thence South along the east line
of Section 21, a distance of 242.61 feet to a point;
thence south 90°0 ' west a distance of 110.83 feet to a
point; thence south 88°00 ' west a distance of 330 feet to
, a point; thence south 56030 ' west a distance of 736. 22
feet to� a point; thence south 71�59 ' west a distance of
266.4 feet more or less to a point on the east line of
Davern Avenue which is 41. 3 feet south of the point of
intersection of the east line of Davern Avenue and the
southerly line of Reserve Boulevard; thence north along
the east line of Davern Avenue 41. 3 feet to an intersec-
t i�n with tr� s�utherly ) ire of Reserve Bot�leva��; ther�cP
northerly and easterly along the southerly line of
Reserve Boulevard, in its course as recorded in Document
1431385, Page 303, Book 1555 of Deeds, to the point of
• beginning.
Also subject to a permanent easement (and any appurtenant right of
ingress and egress over the area thereof) for the construction and
maintenance of a public storm sewer on, under and across, and
through the following described property: A strip of land 20 feet
in width lying northerly of the Mississippi River; southerly of
the south line of Mississippi River Boulevard as described above
and lying adjacent to and 10 feet on either side of a line 325 feet
westerly from and parallel to the east section line of Section 21,
Townsnip 28 North, Range 23 West.
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EXHIBIT B (Cont'd. )
PARCEL N0. 2
Commencing at the Northeast corner of Section 21, Township 28
North, Rar�ge 23 West thence South along the East line of said Sec-
� tion 21, a distance of 2829.30 feet to the point of beginning of
the land to be described; thence South 18�50 ' East a distance of
1180 feet, more or less to the intersection with the Northerly
shore line of the Mississippi River; thence Westerly along the
Northerly shoreline of the Mississippi River to the intersection
with the East line of Section 21, Township 28 North, Range 23 West;
thence North along the East line of said Section 21 to the point
of beginning, all in Ramsey Coun�y, Minnesota.
B-3
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•ITE - CiTV CLEN �yay� ''1�
NK � FINANCE COUIICII ��. �S�
�N�R� - DEPARTMEN (� 1 TY O� SA I NT I�AU L E`.11e NO. '��
aLUE -� MAVOR •
� � Council Resolution .�. _:��,
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Presented By
Referred To Committee: Date
Out of Committee By Daie
WHEREAS, The City of Saint Paul has acquired possession of and
itle to the prQperty known as the Wate�gate Marina for purposes of
xpanding its park and open-space area, together with certain equip-
�� ment located on said property which is usable in the operation of a
,tt�rina; and
/A �
I�I WI�REAS, The Department of Community Services has recommended
�J that it is in the best interests of the City and in furtherance of
its general plan of park and open-space development to lease said
property for operation of a marina, and to lease said equipment to
the Lessee; and
Wf�REAS, Svoboda' s Boat Works, Inc. , has submitted a proposal
to lease said property and equipment for a term of one year with the
option to renew for up to nineteen additional one-year terms in ac- �
cordance with the proposed lease agreement on file in the office of
the Department of Community Services; and
' WF�REAS, The proposal presented by Svoboda' s Boat Works meets
the terms and conditions set forth by the Department of Community
Services for the lease of said property and equipment; now, therefore,
. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SAINT PAUL:
1. ghat the Council of the City of Saint Paul does hereby
approve and authorize the lease agreement for the Watergate Marina
between the City and .Svoboda's Boat Works, Inc. , including the lease
of certain equipment located on the marina site which is usable in
the operation of the marina; and
2. That the proper City officers are hereby authorized and
directed to execute said lease agreement on behalf �of the City of Saint
COUNCILMEN _ e Dep rtment o� �
Yeas Nays _ / •'
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Hotzza [n Favor � � �
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Levine � Against BY �
Maddox
Showalter
Tedesco �� � �� Form Approved by City Attorney
Adupted b• il: Date
C if�r _ by Council Secjetary BY -o — —
By. � �
� Approved by Mayor for Sub ission to Council
App � b�� 17avor. Date � �
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L E A S E
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THIS LEASE is made as of May l, 1978, between �e CT OF ,b�AINT
PAUL, a municipal corporation of the State of Minnesota, hereinafter
referred to as "City", and SVOBODA' S BOAT WORKS, INC. , a Minnesota
corporation, hereinafter referred to as "Tenant" . �
The City and Tenant stipulate and recite that:
1. The City has acquired property located within the City of
Saint Paul commonly described as Watergate Marina;
2. The property acquired by the City includes property used
for a marina, as well as other property which is .being utilized for
the public open space and recreation purposes; and
3. The City is agreeable to leasing the operation of the ex-
isting marina facility to Tenant, and Tenant is agreeable to leas-
ing said facility under the terr�is and conditions set forth herein.
THEREFORE, THE CITY AND TENANT AGREE AS FOLLOWS:
I. _./��./��i'I
Leased Premises Descri tion a�T�rfi��
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C�ty doES h�reby lea�e uiii.o renant that cert«in trac•� o� land,
situated in the County of Ramsey and State of Minnesota, legally
described on Exhibit A, attached hereto and by reference made a
part hereof, together with easements and appurtenances thereto,
subject to existing encumbrances, and together with all buildings;
structures, and i.mprovements constructed and to be constructed on
said tract of land, which premises :(together with the additional
premises described below upon the lease thereof) are hereinafter
called the "Leased Premises" ;
TO HAVE AND TO HOLD THE SAME for a term commencing on the first
day of May, 1978, and ending on the 30th day of April, 1979, unless
sooner terminated as hereinafter provided, subject to all of the
terms, covenants, and conditions set forth herein.
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� City further agrees that upon its acceptance of the Develop-
ment Plans described in Article III, it shall lease unto Tenant
that certain tract of land situated in the County of Ramsey and
State of Minnesota legally described in Exhibit B attached hereto
and by reference made a part hereof, together with easements and
appurtenances thereto, subject to existing encumbrances, ancl to-
gether with buildings, structures, and improvements constructed
and to be constructed on said tract of land, which premises upon
the lease thereof are called the "Leased Premises" ;
TO HAVE AND TO HOLD THE SAME for a term commencing upon such
acceptance and ending on the 30th day of April, 1979, unless sooner
terminated as hereinafter provided, subject to all of the terms,
covenants, and conditions set forth herein.
II. �
Rentals �'������
Tenant hereby agrees to pay to City the sum o�T�� � and
and No/100 Dollars �
($10, 000. 00) per year, payable in a vance on
April 30 and October 30 of each year in semi-annual installments
of Five Thousand Dollars ($5, 000.00) .
Tenant further agrees to pay to City two percent (2/) of the
gross income that Tenant derives from fees, rates, rentals, charges,
�r c;,;�.n�ssior.s tr.�t �.t �hall �har3e and ccllect .fro:n us=rs of the
marina and customers of related or ancillary business activities
conducted or operated by Tenant on the Leased Premises. In comput- '
ing said percentage, the following fees, rates, rentals, charges, I
or commissions shall be excluded from the gross income: �
a) Sales tax .or excise tax based on sales imposed by
any governmental or quasi-governmental taxing
authority;
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� b) Gasoline, motor oil, and other petroleum products used
� in transportation;
�) Ci arettes ci ars
� /y � g ,
�g , and other tobacco products;
d) Uncollectible accounts receivable; and
2.
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e) Credits for exchanges, refunds, or rebates for re-
turned merchandise;
� . Said percentage shall be paid to the City on April 30 and October
30 of each year during the term of this Lease.
III. / / .� ��
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Improvements r ,
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Tenant agrees to construct in the harbors of the Le sed Premises
no less than two hundred fifty (250) boat slips of a design and
workmanship and in accordance with site development plans satisfac-
tory to the City. Said slips shall be installed in segments of. no
less than fifty (50) in number per year during the first five (5)
years of this Lease.
Tenant further agrees to construct Other Improvements which, in
the s:�le dis^_retion of the City, sha.11 make the Leased Premises usable
and safe as a marina. "Other Improvements" as used in this paragraph
means, by way of illustration and not of limitation, paved walkways,
util.�ties, paved roadways and parking areas, and public access to the
harbors. Tenant warrants and represents that it will submit to the
City for approval all site development plans, architectural drawings,
and work schedules for Other Improvements, herein called "Development
Plans" , within one year of the commencement of this Lease. The City
shall be the sole judge of the sufficiency, quantity, and quality of
the Other Improvements and shall respond to Tenant as to the suffi-
ciency of the Development Plans within forty-five (45) days after -
submittal thereof. Any deficienc:ies noted. in wr�tir,g by the City
shall be amended by Tenant to the City' s satisfaction within thirty
(30) days and, if not so amended, the deficiencies noted shall be re-
garded as a material breach of this Lease. Upon the written approval
of the Develapment Plans by the City, the Tenant shall commence the
construction and installation of the Other Improvements in identifi-
able segments in accordance with the Development Plans, and shall
complete such work within the first three (3) years of this Lease.
Upon the City' s acceptance of the Development Plans, they shall be
• individually identified and become a part of this Lease. -
Tenant acknowledges that all improvements of whatever kind or
nature authorized by the City and constructed by Tenant or under its
direction and control belong to the City with no right of lien in
. Tenant.
3.
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of providing water to the adjacent Crosby Park, Tenant may be per-
� mitted to use said well and water therefrom if in the City' s
�judgment it is of sufficient capacity to supply water to the Leased
Premises. In that event, the cost of operating and maintaining
said well shall be borne equally by Tenant and City. City shall
provide refuse removal at no cost to Tenant.
4��`/ /��7 VII.
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A roval of 4q �� �a�s Rentals Char es and Commissions
All fees, rates, rentals, charges or commissions Tenant shall
charge for its services and goods provided on the Leased Premises
shall be submitted to the City for approval before they may be
charged, such approval of the City not to be unr.easonably withheld.
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• Indemnity
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City s all o�be liable to Tenant or to any other person or
persons for or on account of any injury, death, or damage occa-
sioned in, on, or about the Leased Premises to persons or property
of any nature or sort whatsoever or wheresoever arising, or for or
on account of any death or any injury to persons or property that
may result by reason of any future lack of repair of the Leased
Premises or improvements or equipment thereon, or �y or from the
use, misuse, or nonase �r the Leased Premises or impr�vements or
equipment thereon by any person lawfully or unlawfully upon the
Leased Premises, or by or from any act, omission, or neglect of
any such person. Tenant covenants and agrees to indemnify and hold
City harmless from and on account of any and all loss, damage,
claim of damage, liability, expenses, costs and counsel fees aris-
ing out of or resulting from or incurred in connection with the mat-
ters or things hereinabove specified, and from and against any and
all damage or liab ility arising from any accident or any occurrence
- causing injury or death to any person or property whomsoever or
whatsoever and due directly or indirectly to the use, misuse or
nonuse by Tenant or-any of its agents, contractors, servants, em-
ployees or licensees or the condition of the Leased Premises or
any part thereof, or any appurtenances or equipment thereof or there-
. in, or arising out of failure of Tenant in any respect to comply
with any of the requirements or provisions of this Lease.
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�� , , Liabilitv Insurance
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Tenant sha � �a its+ own expense and cost, but for the mutual
benefit of City and Tenant, maintain general public liabili�y in-
surance against claims for personal injury, death or property
damage occurring in, upon or about the premises and adjoining
premises. The minimum ].imits of liability of such insurance shall
be Five Hundred Thousand Dollars ($500, 000.00) for injury or death
to any person, and One Million Dollars ($1, 000, 000. 00) for injury
or death to more than one person, and Three Hundred Thousand
Dollars ($300, 000.00) for damage to property. Tenant shall furnish
City with certificates evidencing such insurance written in compan-
ies acceptable to City. All such certificates shall provide that
the insurance evidenced thereby will not be cancelled by the insurer
exce�t upon thirty (30) days ' writt�n notic� t� City.
X.
�/�'�r Fire Insurance
During th�����fhis Lease, Tenant shall kee all buildin s
P g .
structures, or other insurable improvements on the Leased Premises
insured against loss from the perils of fire, extended coverage,
for the full replacement value in a company or companies to be ap-
proved. by City with loss payahle to City and Tenant as their
respective interests may appear. Tenant shall pay promptly when due
all premiums oz� such insurance. The policies or copies thereof
shall be delivered to and retained by City as additional security
for the covenants of Tenant herein. Before expiration of any pol.icy,
Tenant shall deposit with City a new policy replacing the policy so
expiring, or a rider renewing the same. -
XI.
� yi���i'/ De s truc ti on
In the��ven�f C�amage to or destruction of the Leased Prem-
ises or any part thereof during the term of this Lease, Tenant
shall promptly restore the Leased Premises to substantially the
� condition existing immediately prior to such damage or destruction,
and for that purpose, if such damage or destruction was caused by
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perils insured against, City shall make available to Tenant pro rata,
as work progresses, the net proceeds of such insurance. If such pro-
ceeds are insufficient to pay the entire cost thereof, Tenant agrees
to pay the remainder of such cost. There shall be no abatement of
the rents becoming due and payable hereunder during the period of
restoration.
� .��/��/���� ' X I I.
General Repair and Maintenance
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� Tenan sh 11 t all times and at his own expense (i) keep the
Leased Premises and all improvements and equipment in good order,
repair and condition; (ii) make all necessary repairs and replace-
ments to the Leased Premises, whether structural or otherwise, and
whether ordinary or extraordinary; and (iii) repair all damage done
to the Leased Premises from whatever source or� cause, so as to ke�p
the Leased Premises in good and tenantable condition.
, . . . Tenant shall at its sole cost and exgense maintain the improve-
ments on the 'Leased Premises existing on the commencement date of -
this Lease and make such additional improvements as may become rea-
sonably necessary to Tenant' s use of the Leased Premises as described
in Article Ia above. �
Tenant shall not at any time permit any mechanics ' , laborers '
or mat�rialmPn' s �'ens to sfand against trA I�eased Premises. A de-
posit with City or with any court of 'competent jurisdiction of
sufficient security to cover such liens shall be deemed compliance
with this paragraph.
City shall not be required to make any expenditures whatsoever
in connection with this Lease or to make any repairs or to maintain
the Leased Premises in any way during the term of this Lease. It
is expressly understood and agreed that this Lease is a "net" Lease,
intended to assure City the rent specified in Article II above on
� an absolute net basis.
X I I I. ,���� .
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� - Taxes �. .
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. Tenant agrees to pay or cause to be paid as a ditidnal rent,
before penalty attaches, all taxes, excise taxes, assessments
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(whether general or special) , fees and other charges of whatsoever
� ' nature (whether ordinary or extraordinary) , levied, assessed or
imposed by Federal, State or local authorities on the Leased Prem-
ises or the ownership thereof or the rents received therefrom,
which are due and payable during the term of this Lease, including
any taxes assessed as of any date prior to the date of execution
of this Lease. If at any time any such taxes, assessments, fees,
and other charges due and payable during the term of this Lease
shall be levied by the State of Minnesota or any political subdi-
vision thereof against the City with respect to its interest in
the Leased Premises, or rentals payable by Tenant hereunder, Tenant
agrees to pay, or cause to be paid when due, any and all such taxes,
assessments, fees and other charges.
With respect to assessments for public improvements or ber.e-
fits which, by law, are payable or at the option of the taxpayer may
be paid in installments, Tenant shall pay all such installments
which become due and payable thereafter.
Tenant shall have the right and option at any time, but solely
_ at its own expense, to pay any taxes or assessments under protest
or in a similar manner and contest the levy or amount of the same
in appropriate legal or other proceedings. This provision shall
not, however, permit Tenant to allow any taxes, assessments, fees,
or other charges to become delinquent.
y�� . X I�.
/' � Bankruptcy or Insolvency
�� /`% ') `j -
If, during the term of this Lease, (a) a petition to have Ten-
ant adjudicated bankrupt or a petition for reorganization or
arrangement under any laws of the United States relating to bank-
ruptcy be filed by Tenant, or (b) a petition to have Tenant adjudi-
cated bankrupt be filed against Tenant and not be dismissed within
. ninety (90) days �rom the date of such filing; (c) the assets of
Tenant or of the business conducted by Tenant on the Leased Premises
be assumed by any trustee or other person pursuant to any judicial
proceedings; or (d) Tenant makes an assignment for the benefit` of
creditors; the occurrence of any such contingency shall be deemed
to constitute a default under this Lease.
8.
� ��������
It is an express covenant and agreement of the City and Tenant
that City may, at its election, terminate this Lease in the event
of the occurrence of �any of the 'events in this article described
by giving not less than ten (10) days ' written notice to Tenant;
and when so terminated, City may reenter the Leased Premises, and
the Lease shall not be treated as an asset of Tenant' s estate. It
is further expressly understood and agreed that City shall be en-
titled, upon such reentry, notwithstanding any other provision of
this Lease, to exercise such rights and remedies as are provided
in Article XV of this Lease.
. XV.
���� Remed ies
If Teti�r�It� duid fail to remedy any default in the payment of
an�• �um due undar t:zis Lease fvr ten (10) days afte= writtan notice
� specifying said default or fail to keep or perform any of the other
provisions, covenants or conditions of this Lea•se to be kept or ,
performed by Tenant within a period of thirty (30) days after writ-
� ten� notice to Tenant specifying such default, then and in either
event City may at its option and without limiting City in the ex-
ercise of any other right or remedy it m3y have on account of such
default and without any further demand or notice:
(a) Declare all installments of rent payable under
Article II of this Lease for the remainder of the
term of this Lease to be immediately due and pay-
�y� � ab le, whereupon the same shall become immediately
��� due and payable by Tenant;
� ,,,�,
�
�- � � (b)� Cure any such default and charge the cost thereof
' as additional rent to be paid forthwith by Tenant
with interest thereon at the rate of eight percent
�j'j (8%) per year; , , �
.J�i/ �, :
� .�, c,� i Reenter and take possession of the Leased Premises
/ • without termination of this Lease, and use its best
efforts to sublease the Leased Premises for the ac-
count of the Tenant, holding the Tenant liable for
the difference in the rent and other amounts received
from such sublessee and any rents and charges paid
by Tenant hereunder and the rents and char ges speci-
fied in this Lease;
9.
I
�
.�
. � � ����A���
�._�:, . � .
''��� ,�� � �i
�i!/ -
(d) Terminate this Lease, exclude the Tenant from p�se� �
� sion of the Leased Premises, and use its best efforts �
to lease the Leased Premises to another in accordance
with applicable law, but holding the Tenant liable
for all rent and charges due up to the effective date
of such leasing and for any difference between such
new rents and charges and the rents and charges speci-
fied in this Lease;
(e) With or without terminating this Lease, exclude the
Teriant from possession of the Leased Premises and op-
erate the Leased Premises itself and hold the Tenant
� ,r��� liable for the difference between any rents and -
�6 harges paid by the Tenant and net revenues realized
� /� ,��y the City from the::operation of the 'Leased Premises
and the rents and charges specified in the Lease.
(f) Terminate this Lease, exclude the Tenant from posses-
sion of the Leased Premises, upon ten (1J) days ' writ-
ten notice to the Tenant sell all or any part of_ the
eased Premises (provided such sale be permitted by
law) at the best price obtainable on such terms and
�,� conditions as City, in its sole discretion, shall de-
��/�� '" termine, apply the proceeds of such sale less any
V�N ,� xpenses thereof for the account of the Tenant, and
�� J� /�old the Tenant liable for the difference between any
` ze�its and charqes paid by the Tenant and the proceeds
so applied and the rents and charges specified in this
" Lease; -
� �
(g) Require Tenant to furnish copies of all books and rec-
�� , ords of the Tenant pertaining to the Leased Premises
��� � and all other business operations_ of the Tenant; or
� (1�� Take whatever action at law or in equity may appear
�" , �/ � � necessary or appropriate to collect the rent then due
r� and thereafter to become due, or to enforce performance
and observation of ariy obligation, agreement, or cov-
enance of the Tenant under this Lease.
The remedies of City as hereinabove provided are in addition
to and not exclusive of any other remedy of City herein giver. or
which may be permitted by law. Any reentry as provided for herein
10.
, ���,���r,
. �,: � �}yt.; ���
shall be allowed by Tenant without hindrance, and City shall not
be liable in damages for any such reentry or �be guilty of trespass.
� .
�VI.
Surrender of Premises
./�.�i,��. �
Tenant shall, upon the expiration o� earlier terL na�iy �y
�
this Lease, surrender to City the Leased Premises, including with-
out limitation all buildings, improvements, fixtures and equipment,
except Tenant ' s movable trade fixtures and furniture and equipment,
then upon the Leased Premises, in good condition and repair, rea-
sonable wear and tear excepted, and all alterations, improvements,
and other additions which may be made or installed by or at the
instance of either party hereto to, in, upon or about the Leased
Premises, except Tenant' s movable trade fixtures,. furniture, and
equipment, shall be the property of the City and on any such expira-
tion or termination, sha11 k�e s�.irren�ered to City by Tenant withot�±
any injury, damage, or dist�arbance thereto or payment therefor.
Movable trade fixtures, furniture and equipment installed in
the Leased Premises or placed therein by -Tenant shall not be deemed
to become a part of the Leased Premises, and the same may be removed
from the Leased Premises at or before the expiration or termination
of this Lease if it can be removed without damage or injury to the
Leased Premises and if Tenant be not then in default hereunder.
- In the event that Tenant shall hold the Leased Premises after
che expirat�on or termina�cion of this Leas.e wlth the consent �f the
City, expressed or implied, such holding over shall, in the absence
of written agreement on the subject, be deemed to have created a
month-to-month tenancy terminable on thirty (30) days ' notice by
either party .to the other, at a monthly rental equal to that here-
in provided, and otherwise subject to all of the terms and provisions
of this Lease. �
_ XVII. ���i�� .
• Renewal
At the expiration of the ori inal term and of�ch add 'tio�a�
g
term of this Lease, this Lease may be renewed at the option of Ten-
. ant for an additional term of one (1) year, subject to all of the
terms, covenants, and� conditions of this Lease; provided that:
11.
� �J v ,//��
/� �������
( -' , r i'•�L��,y . +�,
. � �. �.
(a) Tenant gives City written� notice at �� six/ (6)
months prior to the expiration of -the Lease of
Tenant' s desire to renew;
• � (b) Tenant is not in default at the time such notice �
is given or at the commencement of the additional
term; and
(c) This Lease shall not be renewable for more than
nineteen (19) additional terms without the written
consent of the City.
XVIII.
Nonassi nabilit �` - ����
Tenant shall not assign this agreement or suZi yet�i�n p��on
of the Leased Premises nor permit activities on the Leased Premises
not und�.r its direc�t. suFervision an3 co:�tr�l.
� XIX.
Access to Leased Premises �����
� /`y � �
� The City or its nominee or nominees shall at 1 tim��iri�ig
usual business hours have the right to enter upon the Leased Prem-
ises to inspect the same, to make reasonable and necessary repairs
thereon for the protection and preservation thereof, to make rea-
sonable and necessary repairs to any improvements in, on or about
the Leased Premises, and to cure any defaults of Tenant hereunder,
but nothing herein shall be construed to require the City to make
such repairs or to cure such defaults.
�. ✓.7,•���, -
Financial Records r
�/j J �
�i
Tenant shall keep and maintain complete financial record�con-
' cerning the operation of the marina and its related services on the
Leased Premises, which records the City shall have the right to
� inspect and copy during normal business hours. Tenant further
acknowledges that, as amounts payable by it hereunder are computed
on the basis of Tenant' s gross income, Tenant shall do all things
� recommended, suggested, or ordered by the State Auditor with regard
to the keeping of financial records.
12.
. . .�'-�;����
XX I.
. . --,'t��,���•
� Notices
� r
All notices, demands, consents or reque� �����y be or are
required to be given by either party to the other shall be in writ-
ing. Ail notices, demands, consents or requests given by City to
Tenant shall be sent by United States registered or certified mail,
postage prepaid, addressed to Tenant at the Leased Premises, or
such other place as Tenant may designate by notice in writing at
least ninety (90) days before the effective date of such change of
address. All notices, demands, consents or requests by Tenant to
City shall be sent by United States registered or certified mail,
postage prepaid, addressed to the Department of Community Services,
Division of Parks and Recreation, Fifth Floor, Gity Hall, Saint
Paul, Minnesota 55102, or at such other place as City may from time
to t�.ire designat� in a written notice to Tenant at Least ninPty (901
da��s before the effective date of such change of address. Notices,
dem�nds, consents or requests served in the manner hereinabove de-
scribed shall be deemed sufficiently served or given at the time of
the mailing -thereof.
XX I I. _ ^/%�
,ii`_/ //'
�.-L/
General Provisions
� �/--�
The captions of. the paragraphs and articles o tKi���e�re -
for convenience �nly, and shail not Ae considered or referred to
concerning questions of interpretations or construction. -
The various rights, options, elections, powers and remedies
of the City contained in this Lease shall be construed as cumulative,
and no one of them exclusive of any others or of any other legal
or equitable remedy�:which City might otherwise have in the event
� of breach or default in the terms hereof, and the exercise of one
right or remedy by City shall not in anywise impair its right to
• any other right or remedy until all obligations imposed upon Tenant �
have been fully performed. ' _
It is understood and agreed that all� of the provisions of this
Lease are to be construed as covenants and agreements, as though
. the words imparting such covenants and agreements were used in each
separate provision hereof. It is further agreed that all of
13 .
�°°
��;�.�;���,
Tenant' s covenants and agreements herein contained are conditions,
and that the time of the performance of each is of the essence of
this Lease, and that the strict performance of each shall be a
condition precedent to the right of Tenant to remain in possession
of the Leased Premises or to have this Lease cont�.nue in effect.
The relationship between the parties hereto shall, at all
' times, be that of landlord and tenant, and Tenant is not to be
deemed or considered at any time as agent of City, nor in any sense
a joint venturer with City.
No waiver of any default of Tenant hereunder shall be implied
from any omission by City to take action on account of such default
if such default persists or is repeated, and no express waiver
shall affect the default other than the default specified in the
exgrAss wai��er, and that only for the time and to t�e �xtF-�t the.re-
. in stated. One or�more waivers of any covenant, term or condition
of this Lease by City shall not be construed as a waiver of any
subsequent breach of the same covenant, term or condition. The
• consent or approval by City to or of any act by Tenant requiring
City' s consent or approval shall not be deemed to waive or render
unnecessary City' s consent or approval to or of any subsequent
similar acts by Tenant.
In the event Tenant shall default under any provision of this
Lease and City shall incur attorney' s fees or other expenses in en-
forcing this Lease, renant shdll pay to City on dem��i3 che reason-
able fees of such attorneys and other expenses incurred.
This Lease shall not be terminable for any reason by Tenant
except as expressly provided for in this instrument. Without lim-
iting the generality of the foregoing, and except a�s expressly
provided for in this instrument, damage to or destruction of any
portion or all of the buildings, structures, and fixtures upon or
which are a part of the Leased Premises by fire, the elements or
. any other cause whatsoever, whether or not without fault on the
part of Tenant shall not terminate this Lease or entitle Tenant to �
any abatement of or reduction in rent payable by Tenant hereunder
or otherwise affect the respective obligations of the parties here-
to, any present or future law to the contrary notwithstanding.
Furthermore, if not due to or caused by the willful conduct of
City, the use of the Leased Premises for any purpose should at any
time during the term of this Lease be prohibited by law or ordinance
�✓ �y�
i'/
� /j � � �4.
1 �
, - ��4 '
. , ' �►"%��"y�
_ , r��., ��
or other governmental authority, or prevented by injunction or
other local interference by any_private person, firm or corporation,
Tenant shall not be entitled by reason thereof to surrender the
` Leased Premises, or to any abatement or reduction in rent, or
• otherwise affect the respective obligations of the parties hereto
_ except as herein specifically provided, but shall be privileged to
proceed legally to determine that such constitutes a taking or
• condemnation.
Tenant hereby agrees to each and all of the terms, covenants,
and conditions of this Lease and to keep and perform promptly those
which are the obligation of Tenant, it being further agreed that
each and all of the covenants and obligations of this Lease shall
be binding upon and inure to the benefit of the parties he�eto as
the case may require and, as well, their respective successors and
assicrns.
IN WITNESS HEREOF, The parties hereto have caused these pres- -
ents to be executed as of the day and year first above written.
CI OF SAINT P L
C
� - gy.
- Mayor
Approved as to Form: -
By:
/� Dixector, epar ent Community
C��ev � � ' S 'ces
n
Assist City Attorney ! �
B
Director, epartment of Fina c
� � = and Manag ent Services �y"" � '�/I�I�
, - q
;
Q �_ ,
� SVOBODA'S BOAT WORKS, INC.
B "�". �;- '
Y= � z�-�U-��
� Its �
�/i!�� By:
Its I
� /� "�
� ` C�
. �`������
� STATE OF MINNESOTA )
) ss.
COUN'1'Y OF RAMSEY )
The foregoing instrument was acknowledged before me this
lst day of November , 1978, by Gary Svoboda,
President, of Svoboda' s Boat Works, Inc. , a Minnesota corporation,
on behalf of said company.
` � /
}��i.�.4t4�4i 1!f.Lli�AnA�.�iwn.a.�..auw/e•
� • •:,. ESTEL�NNE L RODGER$ Notary Public, Ramsey County, bLinn.
� :��» NoUry PubMC. R+msrl Co.. htl�
IJ1y Cenun�ssfer.Facphes
Ma►d+ 6, s9�2 My commission expires �Z
�CivC4'i�'f',�Y:41��1'7Y�
... ��.�'%�
�
�/�
//
�
_._.....�.._._.�.....,. - .--� - ,
_ �.4 '
. ., 6������`i
:°� �`�:',.� .'. �
. STATE OF MINNESOTA )
) ss.
COUNTY OF RAMSEY ) �
� .
' The foregoing instrument was acknowledged before me this
,���� day of /��n L��iT7!3�/E , 1978, by George
Latimer, Mayor, Thomas Kelley, Director of the Department of
Community Services, and Bernard Carlson, Director of the Depart-
ment of Finance and Management Services, respectively, of the
CITY OF �AINT PAUL, a municipal corporation, on behalf of said
City. � _
' t.
� / -
/ j. � _�,
_. � `�/�S/ '
Notary Public, ����y County, Minn.
. � My commission expires ,,7� ��
?c A�1�4:S.R�.'.�1;:r!..'l�.'; !;•,.,., .���:as�A•i
's '»��`.��� R. G. SCOT'f `�'1
��i• '�.J,��.�y �Y
`] tr •,�.. `l r�-t:.ry P•.•b!i�, �v,sn. co., �a,. ,y
�� ,;�1.� MY COAAMiSS!^!•� EXrinES �
• � ` �
� November 2, 1979
}(V•M7��{�r'�i4•v i►1'/�"�'r 1(�i Y i'i�'r 4�"�'�YX
..����/��� G��
� ��
� �
. . ����/,�,� .
� . EXHIBIT A
Legal Description of Leased Premises
(Initial Leasehold)
A tract of land situated in the County of Ramsey, State of Minnesota,
legally described as follows:
Subject to easements of record, all that part of Gov-
ernment Lot 4, Section 21, Township 28 North, Range 23
West lying southerly and easterly of the following de-
scribed line: '
Commenc�ng at the nortl-ieast c�rn�i� o� th� sout:ieast
quarter of Section 21, Township 28 North, Range 23
West; thence �n an=assumed bearing of South, along
the East line of said Section 21, a distance of
201.27 feet to the point of beginning; thence on a
bearing of West, a distance of 110.83 feet; thence
South 68 degrees, 00 minutes, 00 seconds West, a
distance of 330.00 feet thence South 56 degrees, 30
minutes, 00 seconds West a distance of 200.00 feet;
thence South 8 degrees, 30. minutes, 00 seconds East,
a distance of 880 feet more or less to the intersec-
tion with the southerly line of said Government Lot
4 and there terminating, -
Also all that part of Government Lot l, Section 22,
Township 28 North, Range 23 West lying westerly of
the following described line: _
Commencing at the northwest corner of the southwest
quarter of Section 22, Township 28 North, Range 23
� West, thence on an assumed bearing of South, along
� the West line of said Section 22, a distance of
201.27 feet to the point of beginning; thence South
18 degrees, 50 minutes, 00 seconds East, a distance
of 1050.00 feet more or less to the intersection with
� the southerly line of said Government Lot 1 and there
terminating.
.�.����� '
C/�i/;� A-�
/ �
` ' �'�`��"9�
_ � -f ti., . Y;
EXHIBIT B
+ . Legal Description of Leased Premises
(Leasehold upon acceptance of Development Plans)
PARCEL NO. 1
That part of Government Lot 4, Section 21, Township 28 North,
Range 23 West of the 4th Principal Meridian, Ramsey County,
Minnesota, lying East of the West 33.0 feet thereof, and lying
southerly of the following described line: Commencing at the in-
tersection of the southerly line of Reserve Boulevard and the East
line of said Government Lot 4, thence South along the East line of
said Government Lot 4, thence South along the East line of said
Government Lot 4 a distance of 242.61 feet to th� point of begin-
ning of the line to be herein described: thence South 90° west a
distance of 110.83 �eet; thence South 68°00 ' West a distar�ce of
330.,00 feet; thence South 56030 ' West a distance of 736. 22 feet;
thenc�e South 71059 ' West a distance of 266.4 feet more or less to
the East line of the West 33.0 feet of said Government Lot 4 and
there terminating. Subject to an easement for Storm Sewer over
and across a strip of land 20 feet width lying northerly of the
- Mississippi River and lying southerly of the southerly line of
. Mississippi River Boulevard described above and lying adjacent to
and 10 feet on either side of a line 325.0 feet westerly of and
parallel to the last line of Government Lot 4, Section 21, Town-
shiF ?8, Ran�e 2?, R�msey Cou::ty, Mi�nesots.
also described as:
Those parts of Government Lot 4, Section 21, Township 28 North, �
Range 23 West of the Fourth Principal Meridian and of Lots 1 and 2
of Snelling Out Lots, lying southeasterly of the following described
lines:
Beginning at a point on the east line of said Section 21 a distance =
of 18. 19 feet south of the point at which the southerly line of
Youngman Avenue intersects the said east line of said Section 21;
thence South 57°52 ' west a distance of 1491. 33 feet to a point,
thence south 89°59' west a distance of 21.19 feet to a point in the
east line of Davern Avenue; thence continuing south 89059 ' west a
" distance of 33 feet more or less to the west line of said Lot 4
and there terminating; subject to the rights conveyed to the City
�-��r'��
,
�/���j /% I B_�
.. ' i
, ������ .
���'_., r �
. EXHIBIT B (Cont'd. )
of St. Paul by warranty deed dated July 12, 1957, filed for record
in the office of the Register of Deeds of Ramsey County, July 12,
1957, and recorded in Book 1555 of Deeds at page 303, and subject
to the rights of the City of St. Paul in the westerly 33 feet of
said Lot 4 for Davern Avenue, including buildings and slips lo-
cated thereon, and except the following described tract:
Those parts of Government Lot 4, Section 21, Township
28 North, Range 23 West of the Fourth Prinicipal Meridian,
and Lot 1, Snelling Out Lots, bounded by the following
described lines: Beginning at the point of. intersection
of the southerly line of Reserve Boulevard and the east
line of said Section 21, thence South along the east line
of Section 21, a distance of 242.61 feet to a point;
thence south 90°0 ' west a distance of 110.83 feet to a
point; thence south 88°00 ' west a distance of 330 feet to
a point; thence south 56030 ' west a distance of 736. 22
- feet to a point; thence south 71�59 ' west a distance of
266.4 feet more or less to a point on the east line of
Davern Avenue which is 41. 3 feet south of the point of
intersection of the east line of Davern Avenue and the
southerly line of Reserve Boulevard; thence north along
the east line of Davern Avenue 41. 3 feet to an intersec-
tion with ±he sout-.hPrly l.�.re of ReseYve Boule��arc?� �rencP
northerly and easterly along the southerly line of
Reserve Boulevard, in its course as recorded in Document -
1431385, Page 303�, Book 1555 of Deeds, to the point of
beginning.
Also subject to a permanent easement (and any appurtenant right of
ingress and egress over the area thereof) for the construction and
maintenance of a public storm sewer on, under and across, and
through the following described property: A strip of land 20_ feet
in width lying northerly of the Mississippi River; southerly of
the south line of Mississippi River Boulevard as described above
and lying adjacent to and 10 feet on either side of a line 325 feet
westerly from and parallel to the east section line of Section 21,
Township 28 North, Range 23 west.
-``//%`�
� /% / ` B-2
I
� I�
.. • �$`''.,'� �,�.'t�"'"
:�w ��r� �,��
EXHIBIT B (Cont 'd. )
r ,
PARCEL NO. 2
Commencing at the Northeast corner of Section 21, Township 28
North, Range 23 West thence South along the East line of said Sec-
tion 21, a distance of 2829. 30 feet to the point of beginning of
the land to be described; thence South 18o50 ' _East a distance of
1180 feet, more or less to the intersection with the Northerly
shore line of the Mississippi River; thence Westerly along the
Northerly shoreline of the Mississippi River to the intersection
with the East line of Section 21, Township 28 North, Range 23 West;
thence North along the East line of said Section 21 to the point
of beginning, all in Ramsey County, Minnesota.
� �7�
� � � i�� �
�
B-3
.� ��. t�
, _,
. � ���°"��'�
EXHIBIT C
• • LIST OF EQUIPMENT
1. Dredge, consisting of floating pipe, pump and engine, �-�
Al1is-Chalmers H/D-11 caterpillar with no engine.
2. Portable Fuel Tank, 800 gallon.
3. Travel Lift, 24,000 lift.
4. Winch Truck, 1957 International Harvester semi-tractor.
5. Pickup, 1957 Ford. '
6. For}:lifL, O�iver :�odel 550.
7. Flatbed Trailer, length approximately 24 ft. by 6 ft,
8. Table Saw, 7'�" . -
9. Radial-arm Saw, 7'�" .
10. Air Compressor.
11. Dril]. Press.
12. Hobart Welder, 300 amps:
13. Pedestal Grinder. � .
. ���� -
� .
. ������
� �
i
,�. � �. Oa.
� R�,V.
EXPLANATION OF ADMINISTRATIVE OR,DERS,
RE LOTIONS, AND ORDINANCES �
� RECEIVED
Date: OCTOBER 2, 1980 C�� 2 -• i9$0
MAYOR'S Q�F.�C�
T0: MAYOR GEORGE LATIMER
FR= THOMAS J. KELLEY �
�= COUNCIL RESOLUTION - LEASE� AGREEMENT SVOBODA BOAT WORKS, INC.
� . RECEIVEp
OC:' 1 � 198p
MAYOR�� �
ACTION REQUESTED:
Approval and signatures on attached Council Resolution
PURPQSE AND RATIONALE FOR TSIS ACTION:
Operation of marina "
ATTACffiKENTS:
Council Resolution -
_ �