273551 WH17E - CITV GLERK "� � - � /�
PINK - FINANCE I SAINT PAITL COUIICIl ����� ■
CANARV - DEPARTMENT . Flle NO. �
BLUE - MAVOR �-
ca�-Resolution
Presented By
Referred To Committee: Date
Out of Committee By Date
RESOLVED, That the proper City officials are hereby authorized to
execute a lease agreement with the Saint Paul Yacht Club for the use of
the Upper and Lower Harbors of Harriet Island and selected other portions
thereof in consideration of the payment of the annual sum of $6,500.00
and the furnishing of the labor of Club personnel at the rate of $8.00
per hour in the installation and improvement of the leased site; said
lease to be kept on file and of record with the Department of Finance
and Management Services.
COUIVCILlV1EN Requested by Department of:
Yeas Nays
�_ In Favor Communit Services
Hozza
Hunt
e�� __ Against BY
Maddox
Showalter
Tedesco 9
Adopted by Coun 1: Date — �6 9'1 Form pproved y City tt y
Certifi�d P� ed by Council Secretary BY � �
By� �`'�..
I
/�lpprov d by lNav �: 7 1979 App by Mayor for Sub ' si 'to ouncii
By _ i����/►//+6G� _ By
PuB��srt�o AU G 2 51979
�, . . �����.�.
.
' AGREEMENT
An Agreement, Dated this First day of August, 1979, by and between the
City of Saint Paul , Minnesota, hereinafter called "City," and Saint Paul
Yacht Club, hereinafter called the "Club";
witnesseth:
The City and Club mutually agree as follows:
1 . That for the sum of Ten Thousand Dollars ($10,000.00) , $6,500 in
cash and $3,500 in additional cons'deration, annual rent and such good and
valuable consideration as hereinafter stated and to be paid by the Club, the
City agrees to ]ease to the Club commencing the date first written above, the
sma11 boat harbor, commonly known as the Upper and Lower Harbors in the
Mississippi River and that portion of Harriet Island and other City property
adjacent thereto and as more particularly set forth and outlined in Exhibits
A and B. The lease granted hereunder shall be for the term of one (1) year
and may 6e renewed for four consecutive one (1 ) year periods by the Club
provided a notice is given in writing to the City on or before January 1 during
any year in which this agreement is effective. This lease shall run concurrent
with the boating season and the Club's Commodore may negotiate the additional
consideration annually.
2. That the Club shall keep and maintain the leased premises in a clean
and orderly corrdition free from debris, and further shall :
a) cut grass and maintain banks on South side of marina from Nagasaki
Road to the waterline of the boat harbors;
b) provide adequate number of trash receptacles to accorr�nnodate
debris generated by boat owners and visitors to the area and be
responsible for the removal of trash;
c) maintain the steps ancl access of both boat harbors in a safe
conditions, and
d) provide adequate lighting for bc�th boat harbor areas.
,� �. � .
3. That the Club shall cause to be installed public telephones access-
ible to users and visitors to the boat harbors.
4. That the City will provide the following services, material , and
supplies in such amounts and quantities as the City alone will determine
adequate:
a) benches
b) grass cutting
c) shrubs
d) trees
e) asphalt
The Ciub in addition to theconsideration referenced in Para. 1 . above
shall install and/or utilize the above referenced materials in such location
upon the leased premises as the City, in its sole discretion shall designate,
and it is understood that the Club shall provide such personnel to install
said materials for which the Club shall be given credit at the rate of
$8.00 per manhour for the period of time of 4372 hours and thus, the Club
shall have rendered the additional consideration to the City in the equivalent
of $3,500 in addition to the monetary consideration due and payable under
Para. 1 . above.
5. That the Club will furnish public dockage facilities and temporary
dockage for transient launches and other watercraft not registered in the City
of Saint Paul , and the charges for such dockages and other services shall be
submitted to the City for the City's approval .
6. That the stiffleg derrick and house now in place on the property leased
hereunder may be operated by the Club, and the Glub shall maintain the derrick
and house in 000d condition.
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� .
7. That the Club ayrees not to enter into the business of construcing
or reconstructing motor boats or other craft in the harbors around Harriet
Island or adjacent land, and wi11 not permit any of the premises leased here-
under to be used by any third party engaged in watercraft repair, construction
or reconstruction. However, painting and minor repairs by watercraft owners
are permitted.
8. That the Club shall be permitted to storE boats and other watercraft
over the winter season on the area designated by the City for this purpose.
9. That the Club shall maintain regular marina hours keeping an employee
on duty to answer calls for service and to supervise the care and maintenance
of the harbors and adjacent area used by the Club.
10. That the use of the floating sheer boom by watercraft shall be under
the direction and control of the Club, and the Club shall maintain the walkway
of said boom with the City having the responsibility to maintain the heavy
floating timbers and piling of the sheer boom.
11 . That the Club sha11 permit the mooring of boats and other watercraft
on the outside of the main channel side of the boom, but such mooring shall
be temporary and not exceed a period of forty-eight (48) hours.
12. That the Club shall cooperate with River Excursions, Inc. , in the
cooperative use of the first three sections of the sheer boom referred to
above and shall make available a rea5or�able por±ion of the boat storage area
for River Excursions, Inc. 's, operation during the boating season. Any
dispute as to responsibility,control and use of shared areas referenced in
this Agreement shall be the sole prerogative of the City.
13. That the Club shall maintain a suitable lounge and restroom facilities
with access to public telephones to serve transient boat owners whose craft
are temporarily moored in the harbors.
-3-
14. That the Club shall coope�ate with and provide such facilities as are
necessary for the activities of the City's Police Dept's. Harbor Patrol ,
U.S. Coast Guard Reserve, and the Sea Scouts of the Boy Scouts of America.
15. That no improvements, construction, or alterations of any kind will
be undertaken by the Club as to the leased premises without the prior review
and approval of the City.
16. That in the event the City constructs a municipal marina, the C�ty
will use its best efforts to relocate all boats belonging to the Club and
its members in said marina, subject to a separate lease agreement regarding
said relocation and use.
17. That the Agreement may be terminated at any time by either party
providing ninety (90) days' written notice is given from one party to the
other of the intent to terminate this Agreement.
18. That the Club agrees to save and hold the City harmless from any and
all claims arising out of the Club's lease, use and operations granted here-
under, and in order to give this indemnification force and effect, the Club
shall provide, at its own expense, public liability insurance naming the
City as a co-insured thereon, and said insurance shall be in the aggregate
sum of Five Hundred Thousand Dollars ($500,000.00).
19. That for the purposes of the administration of this lease, the City's
representative shall be the Manager of Special Services, and the Club's
representative shall be
In Witness Hereof, The parties have set their hands as follows:
APPROVED AS TO FORM: CITY OF SAINT PAUL
Mayor
SAINT PAUL YACHT CLUB Director Dept. of Finance & Mgmt. Services
/ . �,�"�
gy �'���> � � �Gc
D'rector, e . of Corr�nnunit rvices
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. E �ION OF ADMINI�T TI�$'ORDE�tS,
L AND 0 CES ` ,
������Ir�f.J�; .
• , �
Dat�si Jt��y 27, 19Z9
'rp� b�AYOR G�'ARGE LA:TIMER , . ,;,
FR: Thomas -3:. Ke1.1 .
;
RE: Council R�s�'�ut on authoriz#,ng lea�e agreerr�n� w#th Sat�� Wau1 1��,+��� Club.
1�C"��2�1lT `R����D s , .
�tppratral of Ct�unci l Resol ation �
. ��,
P�SE.�,.R�ITIQ�ZE', 1?�i� �HIS AGT�i�i�t:
� �M�...,�.,..�....��...�.�....� .�....�
, • .. ��
.-Use of tlp�er ar� Lower H�r�bors 0� Harf�iet Island _ : ��
. 9 . . . . .- . " ., . . . . . .
.. � � . � ' ' . � ' �� ..F... . . . . .. ' ..
� . .. . .. . '...._:__.{' . . : .::
. � �.�+��ri�� i�w�rWi=• . , . . . . � . � . . � .
.. - . . . ' ; � � � .. , :`.
Court��i? Re$al�t�IIn . .
Co� of Agreemertt
;,
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