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271548 `�'7�_54g `NHITE - CITV CLERK PINK - FINANCE G I TY OF SA I NT PAUL Council CANARV - DEPARTMENT � BLUE - MAVOR File NO. � cil 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 Ha�bors of Harriet Island for the calen- dar year 1978 for a rental payment of $2, 700.00, and, further, pro- viding for maintenance, limited utility ,installation and construc- tion tasks to be performed by the Club as set forth in said agreement and made a part of this resolution. COU[VCILMEN Requested by Department of: Yeas „ _, Nays �"�" CON9�IUNITY SERVICES HO�° [n Favor Hunt �Vr� � __ Against BY - MaddoX Showaltet' � ��. 2 7 �9� For 't Att ne Adopted by Council: Date ` Certified a5- �d y Cou ci , cret B By� i `�V�' �' App v by Mayor for ub s o Council App o e by ;14ayor: Da — BY' -�iJB�AE��[J�,��i97 BY f � �,`"1�.5�3 A G R E E M E N T AN AGREEMENT, Dated this First day of January, 1976, by and between the CITY OF SAINT PAIIL, Minnesota, hereinafter called "City", and SAINT PAUL YACHT CLUB, hereinafter called the "Club" f WITNESSETH: TSE CITY AND CLUB l�TTUALLY AGREE AS FOLLOWS: 1. �hat for the swa of Two Thousand Seven Hundred Dollars ($2,700.00) and other good and valuable consideration to be paid by � the Club to the City on or before June 1, 1978, the City hereby leases to tY}e Club for the aalendar year 1978 the small boat harbors, comnnonly known as the Upper and Lower Harbors in the Mississippi River in Saint Paul and that portion of Harriet Island and other City property adjacent thereto and as more particularly set forth and outlined on the attached map noted a� Exhibit A. 2. That the Club shall keep and maintain the leased premises in a clean and orderly condition 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 boa�� harbors; b) provide adequate number of trash receptacles to accommodate debris generated by boat owners and • ���.��� visitors to the area and be responsible for the removal of trashf c) maintain the steps and access of both boat harbors in a safe conditionj and d) provide adequate lighting for both boat harbor areas. 3. That the Club shall cause to be installed public telephones accessible to users �nd visitors to the boat harbors. 4. That the Club shall be allowed to install City or well water at its own expense provided that the plans for such work shall be approved in writing by the City before work is permitted to com- mence and continuing water service shall be paid for by the Club. 5. That the Club will furnish public dockage facilities and temporary dockage for transient launches and other watercraft not registered in the City of Sain-� Paul, and the charges for such dock- age 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 Club shall maintain the derrick and house in good condition. 7. That the Club agrees not to enter into the business of � construating or reconstructing motor boats or other craft in the � 2. . `�'"1�._��8 harbors around Harriet Island or adjacent land, and will not per- mit any of the premises leased hereunder 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 winte�c season on the area designated by the City for this purpose. 9. That the club shal l mai ntai n regul ar mari na hours keepi ng an emp1oyee on duty to answer calls for service and to supervise the care and mainten- ance 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 diraction 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 shall permit the mooring of boats and other watercraft on the outside of the main channel side of the boom, but such moaring 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 reasonable pprtion 3. . , � � ���.+��� of the boat storage area for River Excursions, Inc. ' s, operation during the boating season. Any dispute as to responsibility, con- trol 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 rest room facilities with access to public telephones to serve transient boat awners whose craft are temporarily moored in the harbors. 14. That the Club shall cooperate with and provide such facil- ities as are necassary for the activities of the City's Police Department' s Harbor Patrol, U. S. Coast Guard Reserve, and the Sea Scouts of the Boy Scouts of America. 15. That no improveiasnts, construction, or alterations of any kind will be undertaken by the Club as to the leased premises with-- out the prior review and approval of the City. 16. That in the event the City constructs a municipal marina, the City will use its best efforts to relocate all boats belonging to the Club and its members in said marina, subject tq a separate lease agreement regarding said relocation and use. 17. That this Agreement may be terminated at any time by either party providing 111nety (90) days' written notice is given from one party to the other of the intent to terminate this Agreement. � 4. . `�a~1,�.��� 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 hereunder, and in order to give this indemnifi- cation force and effect, the Club shall provide, at its own expense, public liability insurance naming the City as a co-insur�d thereon, and said in�urance 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 Superintendent of Parks and Recreatfon, and the Club' s representative shall be V�G��I� �-J', � T� 11 �ln,e . �1�-�w► o aQ�r e . IN WITDiESS HEREOF, The parties have set their hands as follawsa CITY OF SAINT PAUL By Mayor A ved as to Form: By ` Director, Department of Community Services Assistant ty Attorn BY Director, D�partment of Finance and Management Services SAINT PAUL YACHT CLUB BY � f� � - Its �vk w� �r � ,r� By Its 5, / �. � • �,� . �f� �• � •��i' `v'\�.\lli • �'. • •� /r v � h . i�.':� ' ` ` � ..` `� .�� ( • + . } w ,�• f ' / / � �_ / .� -, /� '� . �,� �� l ,� . . / ��, � � r �' � / r � _ •�/ •� _, .,,; '� .-',��; � o _ . . � I : � , � ' �� •► , . i � � (; ' .� ,/ • f 1 ,�. f � .... ' . �', .r, � ' ► � l� + � , }. � ; � . �}pj �,' '7 : � ,� �.r , -� � �/'��� I � / � �: �� • . � � ' � fr y�t • �!!I ' • f . ! � � �. • / �' � • .• O ;; - �� •�a . � : - _ .�r , . : ; , r.r ; ,..- ,, .• ,. � : : �, ,�l • �� E � � � • . � ; •. , ••• °;• ° ' r f o ,` • 1'y' '. r.y . Y.' ���' ! � � f + ♦ �/ ,' q � � �� � • � �• �t� '� �` :•� ♦ r '� : Y � � : � I �� � I'i i ��� ,,." �. � • ,. �t � '� �, , _ . � �, . , • . � ; � :;�, . ; . .; . �,,, s . :,• � •: '� . � I , , . .f �t �;, � � � `; � � •J . � � e . � . ' �,1�' � .�1, r\� f . `• . � . • f � .y . � � . i� ���:�� � ._ � E ., . . f : - ..���.,: �iti., . _ �� . • �� .i:1{} . � ' ' , , i • { ;T�: �` .• : �� 1 . I • ! ,t :. '� . . . ::. I 1:i��. '�` ` ' = .' • � . ' _ " � i- .� ,v r � �' � � �• � . } � � - �`.� � � / � ,\` ��• � ' � . � �a•�`: . - �/� � f.•�. � •�. T/ j� �C . ':.7 , • : • r " �,. �C . :, ��, � ^_� . ' �r •1„ . 1 � . �f , ' `�: :; 1 ' . ! :ii` � 'I ._ �„ r---� • j � .� � . , Qi� OL: Z2/19?5 Rsv. : 9/8/76 �'' __ - .r LXPLAIWATI�Pi CiF ADMINISTRATIVE ORD�RS, RE LiJTIONS, AND ORUI�Y�s �I����� , �G � �E � E � VED , 3uly 1'D, 1978 �UL 1 8,1978 _ Dste. �� � Tp; MAYOR GEORGE LATIMER . �' Thomas J. Kelley �' Counci1 Resa1-ution authot��}zing agreement with St. Pau1 Ya�cht Club ACTZON REQUEST�D: . ��iri���r�.�. . . . . � .. . S�{�� on Council Resolation ' . : � , � PURF�SE A1VD RA'�IQLJALE' FOR THIS ACTIOI�: Lease for use of Upper and Lower Harbors of Harriet Isaand ATTAC�ENTS: ' `"-"""`�o cil �esalution copy of Ag�t .