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272026 WHITE - CITV CIER -y� PINK - FINANCE COIIRC11 ��/i•� K�R CANARV - DEPARTMEN GITY OF SAINT PAUL � File NO. � ° ��'^ �� BLUE - MAVOR Council Resolution Presented By Referred To Committee: Date Out of Committee By Date WEiEREAS, The City of Saint Paul has acquired possession of and title to the property known as the Watergate Marina for purposes of expanding its park and open-space area, together with certain equip- ment located on said property which is usable in the operation of a marina; and WHEREAS, The Department of Community Services has recommended 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 WHEREAS, 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 WHEREAS, 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: l. That 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 COUIVCILMEN e Dep ent of: Yeas Nays � Butler Hozza [n Favor � �- /+� � Levine _ v __ Against BY Maddox Showalter Tedesco � 1 �� Form Approved by City Attorney Adopted b il: Date C ifie by Council Sec etary BY -� By , 61pp by ;Vlavor: Date � Appr by Mayor for Sub 'ss' n o�ouncil By BY �t1BLISNEO NOV 18 197$ . . or� ai: �3�1915 Rsv. : 9/8/16 EXPLANATION OF P,DMINISTR,ATIVE ORDERS, �kSQLIITIONS, AND 0. I�NAN_CE .S . 2'7�t��� D�te: ry�ven�er 2, 1978 T0: MAYOR GEQRGE LATIMER � �� THOMAS J. KELLEY . �� Lease Agreement between City of Saint Paul and Svoboda Boat Works, Inc. �CTI�N RLQUESTED: Authori2ation of Lease Agr.eement for operation of .a Marina � PURPOSE AND RATIQNALE FOR TIi�S ACTION: Expansion of park and open space area ATTIlC;ffi�NTS: � � Council Resolution . Copy of Lease Agreement � '�J�. '.Z� . �� . ' ���� K� i � � �;�,.� � L E A S E . . THIS LEASE is made as of May 1, 1978, between the CITY OF SAINT 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: l. 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 wel� 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 terms and conditions set forth herein. THEREFORE, THE CITY AND TENANT AGREE AS FOLLOWS: I. Leased Premises, Description and Term �ity d�es herei�y lea�e unto Tenai�� tY�at �ertain ti act of- 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 improvements 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. •� �N 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, and 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 termiriated as hereinafter provided, subject to all of th� terms, covenants, and conditions set forth herein. ' II. Rentals Tenant hereby agrees to pay to City the sum of Ten Thousand and No/100 Dollars ($10, 000.00) per year, payable in advance 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 (2/0) of the gross income that Tenant derives from fees, rates, rentals, charges, or comaissions t:�a•` it shall �harge ancl ccllect f.-om u�ers cf the marina and customers of related or ancillary business activities condt:cted or operated by Tenant on the Leased Premises. In comput- ing said percentage, the following fees, rates, rentals, charges, or cam,-nissions shall be elcluded from the gross income: a) Sales tax or excise tax based on sales imposed by any governmental or quasi-r,overnmental taxing authority; b) Gasoline, motor oil, and other petroleum products used in transportation; c) Cigarettes, cigars, and other tobacco products; � d) Uncollectible accounts receivable; and . 2. 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. Improvements � Tenant agrees to construct in the harbors of the Leased 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 sole discretion of the C:it��, shall make the L�ased Premises usab]_e and safe as a marina. "Other Improvements" as used in this paragraph means, by way_ of illustration_and not of limitation, paved walkways, utilities, paved roadways and parking areas, and public access to the i�arbors. 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 tlie sole judge of the sufficiency, quantity, and quality of the Other Improvements and shall respond to Tenant as to the suffi- ciency of t�e -Development Plans within forty-five (45) days after submittal - the.�eof.- Any deficieiicies i;otea in writing uy the City shall be amended by Tenant to the City' s satisfaction within thirty (30) days and, if not so amended, the deficiercies noted shall be re- garded as a material breach of this Lease. Upcn the written approval of the Development Plans by the City, the Ten�r�t shall commence the construction and installation of the Other Impro��ements in identifi- able segments in accordance with the Development Plans, and shall compl�te 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. IV. Use of Leased Premises Ter.ant shall have the right to use the Leased Premises for the operation of a �marina, boat repair and storage, selling of boats, and incidental and related uses. Tenant agrees not to use or allow • the Leased Premises to be used for any purpose or use other than herein provided, or in violation of any laws, ordinances, or regu- - lations of any governmental authority, or in any manner that will constitute a legal nuisance or make inoperative any policy or pol- icies of insurance required herein. Any and all p�rmits required for the operation of the marina and use of the Leased Premises � shall be secured and paid for by Tenant in its name and that of the City, at no cost to the City. � V. Use of Equipment Tenant is granted under and pursuant to the terms of this Lease -the .right to use on the Leased Premises the equipment listed in Exhibit C attached hereto and by, reference made a part hereof, here- inafter called "Equipment". Tenant shall at its sole cost and ex- pense, to the extent of Two Hundred Dollars ($200. 00) for each item of repair, maintain Equipment in good order, repair, and condition and return Equipment to City in the same condition that it was in at the commencement of the Lease, reasonable wear and tear excepted. When �tc:��s c� repair to Equipment exceed I`wo Hund�ed Lc,llars ($200.�JC! , Tenant shall notify City of the need for repair, and City may, at its discretion, make the necessary repair itself. ' VI. Utilities Tenant shall provide and pay for the installation of all util- ities and services (except refuse removal) required for the opera- tion of a marina and use of the Leased Premises, including but not limited to electricity, water, sewer, gas, and telephone. Tenant agrees to submit, with the submittals required under Article III, a detailed work schedule for the installation of said utilities and services. Tenant further agrees to pay for all utilities and other services used in, on or about the Leased Premises during the term oT this Lease. If the City should drill a wsll for the purposes 4. . ' � S ����� 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. VII. AQproval of Fees, Rates, Rentals, Charqes and Commissions Al1 fees, rates, rentals, charges or commissions Tenant shall charge for --its services and goods pr�vided_ on the Leased Premises � shail be submitted to the City for approval before they may be charged, such approval of the City not to be unreasonably withheld. VIII. � . Indemnity � � City shall not be liable to Tenant or to any other person or persons for or on account of any' injury, death, or damage occa- sionedrin, on,- or -about-the Leased Premises to perso�s _or_property of any nature or sort whatsoever or wheresoever ari�ing, or_ for or on account of any death or any injury to persons or property that may xesult by reason of any future lack of repair of the Leased Premises -or amprovemer�ts or equipment -thereon, or by or--from the use, misuse, or non�ase of the Leased Premises or improvements 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 covenan�s and agrees to indemnify and hold City harm��ss--from- and on account of any--and all loss, damage, claim of damage, liability, expenses, costs and counsel fees aris- ing out �f -or resulting from or incurred in connection with the mat- ters or _things Y�ereinabove specified, and from and against any and all damage or liability 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, ar 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. 5. ,`�r�y� ��,� �: 3� �- IX. Liability Insurance Tenant shall at 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 limits 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 Ci.ty. All such certificates shall provide that the insurance evidenced thereby will not be cancelled by the insurer except upor_ thirty (30) days ' written notice to �ity. � X. � Fire Insurance During the term of this Lease, Tenant shall keep all buildings, 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- pr.oved by City with loss payabJ_e to City and Tenant a� their - respective interests may appear. Tenant shall pay promptly when due all premiums on such insurance. The policies or copies thereof shall be delivered �� �lzd retain�d b�- Cit�- as additional security for. the covenants oT �'�r.ant herein. Before expiration of any policy, Tenant shall deposit ��ith City a ne�; policy replacing the policy so expiring, or a rider renewing the same. �I. Destruction In the event of damage to or destruction of the Leased Prem- ises or any part thereof during the term of this Lease, Tenant shall promptly restore the Leased Pre:�lises to substantially the condition existing immediately prior to suc?� damage or destruction, and for that purpose, if such damage or destruction was caused by 6. 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. . XII. General Repair and Maintenance Tenant shall at 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 �o keep the Leased Premises in good and tenantable condition. .. Tenant shall at its sole cost and expense 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 uss of the .Leased Premises_ as_described in Article IIT above. Tenant shall not at any time permit any mechanics ' , laborers ' �r ma�erialmen' s la.ens ;to stanc 3gainst -the LeasAd Pre�ises. 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 reguired 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. XIII. Taxes Tenant agrees to pay or cause to be paid as additional rent, before penalty attaches, all taxes, excise taxes, assessments ? . . �������� . (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 �,axes, assessments, fees and other charges. � With respect to assessments for public improvements or bene- fits which, by law, are payable or at the option of the taxpayer may be paid in installments, Tenant shall pay all such installments w�ich 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 simiiar 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 �elinquent. :�IV. Bankruptcv or Insolvencv ' If, during the term of this Lease, (a) a petition to have Ten- ant adjudieated 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 from 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 suc� reentry, notwithstanding any other provision of this Lease, to exercise such rights and remedies as are provided in Article XV of this Lease. XV. Remedies . . If Tenant should fail to remedy any default in the payment of any sum due under this Lease far ten (10) days after written notice specifying said default or fail to keep or perform any of the other provisions, covenants or conditions of this Lease 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 may 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- able, whereupon the same shall become immediately due and payable bv 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 (8%) per year; � (c) 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 charges speci- fied in this Lease; 9. (d) Terminate this Lease, exclude the Tenant from posses- � 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 n�w rents and charges and the rents and charges speci- fied in this Lease; (e) With or without terminating this Lease, exclude the Tenant from possession of the Leased Premises and op- erate the Leased Premises itself and hold the Tenant liable for the difference between any rents and charges paid by the Tenant and net revenues realized ' by the City from the.:operation af 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 (10) days ' writ- ten notice to the Tenant sell all or any part of the � � Le�ased Premises (provided such saie be permitted by law) at the 3�est price obtainable on such terms and conditions as City, in its sole discretion, shall de- termine, apply the proceeds of such sale less any expenses thereof for the account of the Tenant, and . hold the -Tenant liable for the difference between any rents and char,qes paid by the Tenant and the proceeds so applied and -the rents and charges specified in this Lease; . (g) Require Tenant to furnish cop�es of all books and rec- ords of the Tenant pertaining to the Leased Premises and all other business operations of the Tenant; or (h) Take whatever action at law or in equity may appear necessary or appropriate to collect the rent then due � and thereafter to become due, or to enforce performance and observation of any 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 given or which may be permitted by law. Any reentry as provided for nerein 10. shall be allowed by Tenant without hindrance, and City shall not be liable in damages for any such reentry or �be guilty of trespass. XVI. Surrender of Premises Tenant shall, upon the expirafion o� earlier termination of 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 con�lition 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 Prem.ises, except Tenant' s movable trade fixtures, furniture, and equipment, shall be the property of the City and on any such expira- tion or termination, shall l�e surrendered to City by Tenant without any injury, damage, or disturbance thereto or payment therefor. Movable trade fixtures, furniture and equipment installed in the i,eased 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 the expiration or terminaiion of this Lease with the consent of the City, expressed or implied, such holding over shall, in the absence of written agreement on the subject, be deemed to have created a montr-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. Renewal At the expiration of the original term and of each additional 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. (a) Tenant gives City written� notice at least 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. ` Nonassiqnability ' Tenant shall not assign this agreement or sublet any portion of the Leased Premises nor permit activities on the Leased Premises not under �.ts direct supervision and control. XIX. Access to Leased Premises The City or its nominee or nominees shall at all times during 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 �ea- sonable and necessary repairs to any improvements -in,--on- or about = the Leased Premises, and to cure any defaults of 'I'enant hereunder, but nothin� her_ irl shall be construed to require the City to make such repairs o� to cure suc?7 defaults. :�. Financial Records Tenant shall keep and ,maintain complete financial records 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 cop�� during normal business hours. Tenant further acknowledges that, as amounts paya:�le by it hereunder are computed on th� basis of Tenant' s gross income, Tenant shall do, all things recommended, suggested, or ordered b�- the State Auditor with regard to the keeping of financial records. 12. XX I. . Notices All notices, demands, consents or requests which may be or are ' required to be given by either party to the other shall be in writ- ing. All 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, City Hall, Saint Paul, Minnesota 55102, or at such other place as City may from time to time designate in a written notice to T�nant at least ninety (90) days before the effective date of such change of address. Notices, demands, consents or requests served in the manner hereinabove de- scribed shall be deemed sufficiently ser•ved or given at the time of " the� mailing thereof. XXII. General Provisions The captions of the paragraphs and articles of this Lease are for convenience only, and shall not be considered or referred to concerning questions of interpretations or construction. . The various rights, options, elections, powers �.d remedies of the City contained in this Lease shall be construea 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 anvwise 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 continue 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 $uch default persists o� is repeated, and no express waiver shall affect the default other than the default specified in the express waiver, and that only for the ti.me and to the extent there- 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, Tenant sliall pay to City on demana t:�� 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 as 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 14. r �• 7 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 privil'eged 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 �inding upon and inure to the benefit of the .parties hereto as the case may require and, as well, their respective successors and assigns. IN wITNESS HEREOF, The parties hereto have caused these pres- ents to be executed as of the day and year first above written. � CITY OF SAINT PAUL BY= Mayor Approved as to Form: By: Director, Department of Community Services Assistant City Attorney By: Director, Department of Finance and Management Services SVOBODA' S BOAT WORKS, INC. - � i� �,� �//�� � By: /�� ii' � , .. ' �-- �'�'" ��- L�c..t L` Its %/ �/ By: Its 15. �+���,��4� STATE OF MINNESOTA ) ) ss. COUNTY OF RAM.SEY � ) The foregoing instrument was acknowledged before me this day of , 1978, by George Latimer, Mayor, Thomas Kelley, Dis ector of the Department of Community Services, and Bernard Carlson, Director of the Depart- � ment of Finance and Management Services, respectively, of the CITY OF SAINT PAUL, a municipal corporation, on behalf of said City. � Notary Public, Ramsey County, Minn. My commission expires STATE OF MINNESOTA ) ) ss. COUNTY 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 Nlinnesota corporation, on b�:half of said company. . ` IS�-�DA.0.t�iA%�a:l I f.►+ti�Aw u.aiwAa����a+K1�R' � 1 •�:;. ESTELYNNE L RODGERS Notary Public, Ramsey County, Minn. + �.'�i�'.'-r. NoUqr RibMc. R+m�ry Co.. Mtl�h �''�� My Cen►missMr.ExDhes trtard+ 6. �4�2 My commission expires �2 . x�rrrr�t�'trv'w�*�t�r•rrrrrrnrx 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 No.rth, Range 23 West lying southerly and easterly of the following de- • scribed line: Commencing at the iiortheast corner of the southeast quarter of Section 21, Township 28 North, Range 23 West; thence on 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 Wes�, 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 Ea=t, a distance of 105�0.00 feet more or less to the intersection with the southerly line of said Government Lot 1 and there terminating. A-1 - ` y,('� -,: , `�A�i[!j��' ,1$� l ��F,�-!•� a' r.. � _ . F�XHIBIT 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: C�mmencing at the in- tersection of the southerly line of Reserve Boulevard and the East line uf 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 the point of begin- ning of the line to be herein described: thence South 90° west a cistance of 110.83 feet; tlZence South 68°00 ' West a distance of 330.00 feet; thence South 56030 ' 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 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- s�-.ip 28s Rarge 23, Ramsey County, Mirnesot4. 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 d istance 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 � , . .. .' y �> �� ��'+���, e 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 thP sc�utherly tine of Reserve Boulevard; �henc� northerly and easterly along the southerly line of Reserve Boulevard, in its course as recorded in Document 1431385, Page ?��3 , 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 Dlississippi River; southerly of the south line of Alississippi River Boulevard as described above and lying adjacent to and 10 feet on either side of a line 325 feet � westerly from and parailel to the east section line of Section 21, Township 28 North, Range 23 i�aest. B-2 ,- . � - t ' ��� �� �4:��, � �: . EXHIBIT B (Cont'd. ) PARCEL N0. 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 18050 ' 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. B-3 •F t_ � . - S''!-'y� �,�, '1 �, � ;- �, r� EXHIBIT C - . LIST OF EQUIPMENT 1. Dredge, consisting of floating pipe, pump and enginP, Allis-Chalmers H/D-11 caterpillar with no engine. 2. Portable Fuel Tank, 800 gallon. 3. Travel Lift, 24,000 lift. � 4. Winch Truck, 1557 International Harvester semi-tractor. 5. Pickup, 1957 Ford. ' 6. Foriclift, Oiiver Model 550. 7. Flatbed Trailer, length approximately 24 ft. by 6 ft. 8. Table Saw, 7'�" . 9. Radial-arm Saw, 7'�" . 10. Air Compressor. 1_1.. Dril.l Press. 12. Hobart Welder, 300 amps. 13. Pedestal Grinder.