269178 �NH17E - CITV CLERK � ►�
Council ����;.'y'�
PINK - FINANCE GITY OF SAINT PAiTL �
CANARV - DEPARTMENT .
BLUE.- - MAVOR � FIIG NO•
Resolution
Presented By
Referred To Committee: Date
Out of Committee By Date
WHEREAS, the Saint Paul City Council authorized the condem-
nation and acquisition of the property formerly known as the
� Watergate Marina site for purposes of expansion of the Crosby
Hidden Falls City park and open space area; and
WHEREAS, the City is now in possession and has title to
this property and the Department of Community Services recommends
that the previous owner be permitted to continue to operate the
marina facility for a term of one year because the City does not
presently have the necessary staff available to immediately take
over the operation of this marina; now, therefore, be it
RESOLVED, that the Council of the City of Saint Paul does
hereby approve and authorize the lease-operations agreement for
the Watergate Marina site between the City and Rein Recreation,
Inc. (formerly Watergate Marina, Inc. ) and does also authorize
the acquisition of the marina equipment as part of the facility
to be operated and owned by the City in the future, and the
proper City officers are authorized and directed to execute this
agreement on behalf of the City of Saint Paul.
COUKCILMEN
Yeas Nays Requested by Department of:
Butler —' (n Favor
Hozza ,
Hunt ,J
Levine v _ Against
Rcedler
Sylvester '
Tede `
Ado by Council: Date
��} 2, �977 Form Approved by 'ty torne
Certified Pa s y Council Secret�y By
L��
Appro � by il4avor: Da JUN 3 1977 Appro d by Mayor for Su iss on tb Council
By gy �
PUBLISHED ,�UN �. 1 1977
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F.
A G R E E M E N T
THIS AGREEMENT, Made and entered into this day of
, 19 , by and between REIN RECREATIQN,
INC. , a Minnesota corporation, formerly ��Tatergate Marina,
Inc. , a Minnesota corporation, hereinafter referred to as
"Rein" , and CITY OF SAINT PAUL, a municipal corporation of the
State of Minnesota, hereinafter referred to as "City" ,
WITNESSETH:
WHEREAS, the City has commenced acquisition of the
property owned by Rein located within the City of Saint Paul
and commonly described as Watergate Marina; and
WHEREAS, the property to be acquired by the City includes
property used for the marina operation, as well as other
progerty which is not being utilized for the marina purposes;
and
WHEREAS , City is agreeable to the continued operation of
the existing marina facility by Rein for a period folloraing
acquisition of the property by City until May 1, 1978; and
WHEREAS, the purpose of this agreement will be to set
forth the agreed upon terms and conditions pertaining to the
continued operation af the marina facilities by Rein and the
acquisition of the marina equipment by the City to be used
for the future operation of a marina by the City.
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THEREFORE, IT IS HEREBY AGREED BY AND BET�VEEN REIN AND
CITY AS FOLLOWS:
1. TRANSFER OF POSSESSION. Title and possession of all
the real property described below shall be conveyed by Rein
to City, free of all encumbrances and liens, including taxes
and assessments, but subject to easements of record, upon
payment by the City of the amount of the commissioners' award
or, in the event of an appeal from the award made by either
the City or Watergate, upon payments of the partial amaunt
required pursuant to Minnesota Statutes, Section 117.155.
PARCEL N0. 1 �
` That part of Government Lot 4, Section 21, Township 28
North, Range 23 VJest of the 4th Przncipal Meridian,
Ramsey County, Minnesota, lying East of the West 33 .0
feet thereof, and lying southerly of the following de-
scribed line: Commencing at the intersection 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 a distance of 242 . 61 feet
to the point of beginning of the line to be herein de-
scribed: thence South 90° west a distance of II0. 83
feet; thence South 68°00 ' West a distance of 330.-00
feet; thence South 56°30 ' West a distance of 736 .22 teet;
thence South 71�59 ' West a distance of 266. 4 feet more
or less to the East line of the Flest 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 D�ississippi Riv�r
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
2. '
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and parallel to the last line of Government Lot 4,
Section 21, Township 28, Range 23, Ramsey County, Minnesota.
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 sauth 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 €eet 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 of St. Paul by warranty deed dated July 12,
1957, filed for record in the office of the Register of
Deeds o€ Ramsey County, July 12, 1957 , and recorded in Baok �
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 located thereon,
and except the following described tract:
Those parts of Government Lot 4, Section 21,
Township 28 North, Range 23 West of the
Fourth Principal D�eridian, 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 56°30 ` 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 Q1. 3 feet south of the point of inter-
section of the east line of Davern Avenue and
3.
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the southerly line of Reserve Boulevard; thence
north along the east line of Davern Avenue 41. 3
feet to an intersection c�ith the southerly line
of Reserve Boulevard; thence 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 appurte-
nant 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 Tying
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.
PARCEL NO. 2
Commencing at the Northeast corner of Section 2Z, Township
28 Narth, Range 23 West thence South along the East line �
of said Section 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 af
Section 21, Township 28 North, Range 23 West; thence Narth
along the East line of said Section 21 to the point of be-
ginning, all in Ramsey County, Minnesota.
2. MARINA OPERATiON; TERPR. From and after the date the
City obtains possession of the above described property, Rein
shall be permitted to continue to operate the existing marina
facility and to use the existing equipment as listed in the
attached Exhibit C intended for said operation until the lst
day of May 1978.
4.
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I.
Rein shall be permitted access to the marina facility and
shall be entitled to the use of that portion of the property
acquired by the City and shown colored in red on the attached
map, which map is marked Exhibit A, and which map is incorpo-
rated herein by reference. Upon the completion of this term,
Rein shall peacefully deliver possession of the marina facility
and equipment to the City in the same condition as it was in
when the City took possession and title thereof, normal wear and
tear excepted. '
3. RENTAL AMOUNT. As consideration for the use of the
marina facility and equipment from May l, 1977 to April 30,
1978, Rein shall pay to City the sum of $22,500. 00. Rent .
sha1T be deducted from the purchase p�ice for the equipment
set forth in paragraph 4.
4. EQUIPMENT; ACQUTSIfiION. It is hereby agreed between
the parties hereto that as part of the acquisition of the
property described in paragraph numbered one hereof, City
shall also acquire from Rein title and possession of the
equipment set forth and itemized in the attached Equipment
Inventory, marked Exhibit B, and incorporated herein by
reference, for the amount of $43,500 . 00. Payment of this
amount, less the $22,500. 00 rent payment, shall be made by
City at the same time as payment is made pursuant to para-
graph numbered one hereof. Rein shall give to City a bill of
5.
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sale for all of said equipment free of all liens and en-
cumbrances.
5. USE OF PROPERTY. Rein shall be entitled to use the
property and equipment, as set forth in Exhibits A and C,
solely for the operation of a marina and boat repair and
storage purposes, but not for the purpose of selling boats.
Rein shall not use or suffer to permit the premises or any
part thereof to be used for any purpose or use other than
herein provided, or in violation of any laws or ordinances or
reoulations of anv governmental authority, or in any manner
that will constitute a legal nuisance or in any manner that
can violate, suspend, void or make inoperative any policy or .
policies of insurance whatsoever at any time carried on the -
premises, buildings or improvements thereof.
Rein agrees at all times during the term hereof to keep
the premises and all improvements thereon in a safe, neat
and clean condition, and should Rein fail or refuse to comply
within thirty (30) days with any request by City to place the
premises in a neat and orderly condition, City may at its
option perform such work at the sole cost and expense of Rein
and Rein agrees to reimburse City for the costs and expenses
so incurred.
6. PREMISES INSPECTION. Prior to the City' s taking
6.
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possession of the premises and equipment, there shall be
conducted a survey of the condition of the premises and
equipment jointly by personnel of the City and Rein. The
written survey of condition shall set forth the existing ,
physical condition of the premises and equipment and shall be
signed and dated by both parties inspecting. The purpose. of
this inspection report is to ascertain the condition that should
exist upon the termination of this agreement and delivery there-
of back to the City as provided for in this agreement.
7. APPROVAL DF �CHARGES. Al1 prvposed rates, charges and
lease agreements to be made by Rein after the date of this
agreement shall be first approved in writing by the City' s �
Director of Community Services. The present charges as shown
on the attached Exhibit D are hereby approved. This includes
rental rates, repair charges, service charges, term of leases,
and all fees to be charged for marina facilities and services.
8. USE OF WELL. At its option, City may make a connection `
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- to the existing well located in the marina facility for the f
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purpose of providing water to the adjacent Crosby Park. City ;
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shall bear all costs of connection, and will be permitted to
use the well and water for use in the adjacent park if (
adequate capacity exists to supply water to Crosby Park. Al1 !
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costs of maintenance of the pumps and related well facilities �
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shall be paid for equally by City and Rein.
9. INDEMNITY. City shall not be liable to Rein or to
any other person or persons for or on account of any injury,
death, or damage occasioned in, on, or about the premises to
persons or property of any nature or sort whatsaever, or where-
soever 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 said premises, or improvements or equipment.
Rein covenants and agrees to indemnify and hold City harmless
from and on account of any and all loss, damage, claim or
damage, liability, expenses, costs and counsel fees arising
out of or resulting from or incurred in connection with the
:�.
matters or things hereinabove 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 in-
directly to the use, misuse or nonuse by Rein or any of its
agents, contractors, servants, employees or licensees or the
condition of the demised premises or any part thereof as shown
on the attached Exhibit A, or any appurtenances or eauipment
thereof or therein, or arising out of failure of Rein in any
respect to comply with any of the requirements or provisions
of this agreement.
8.
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10. LIABILITY INSUI�ANCE. Rein shall at its own expense
and cost, but for the mutual benefit of City and Rein, maintain
general public liability insurance 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 $500,000 for injury o�
death to any person, and $1,000,Q00 for injury or death to
more than one person, and $300,OOQ with respect to damage to
property. Rein sha11 furnish City with certificates evidencing
such insurance written in companies acceptable to City. Al1
such certificates shall provide that the insurance evidenced
thereby will not be cancelled by the insurer except upon ten
(10) days written notice to City.
11. REPAIRS AND MAINTENANCE. Rein shall at all times and
at its own expense keep the equipment in good order, repair and
condition and make all necessarv repairs under the sum of $20Q
for each item of r�pair, based on time and materials, at Rein's
own expense. In all cases of repairs in excess of $200 or in
case of replacements, Rein shall first notify City of the need
for repairs or renlacement and the City may elect to make the
repairs or replacement itself, or elect to reimburse Rein for
such repairs made, but in no event shall the amount of repairs
or replacement made by Rein exceed the sum set forth in a
written estimate to be first submitted by Rein and apnroved by
City. Rein shall make no alterations to the premises without
9.
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first obtaining written approval of the City.
12. UTILITIES. Rein shall pay for all utilities and
other services used in or about the premises and the operation
of the marina during the term of this agreement, including but
not limited to electricity� water, sewer, uas, telephone.
13. ASSIGNMENT; SUBLETTING. Rein shall not have the
right to assign or sublet this agreement. Any purported
assignment or sublease shall be �null and void.
14. ACCESS. City, through its Department of Community
Services, shall at all times during usual business hours, have
the right to enter upon the premises to inspect the same, to
make reasonable repairs for the protection and preservation .
thereof and to cure any defaults of Rein, but nothing herein
shall be construed to require City to make such repairs or to
cure such defaults.
15. FINANCIAL RECORDS; ACCESS. Rein shall keep and
maintain complete financial records concerning the operatiQn
of the marina and its related services and facilities. City
shall have the right to inspect and copy these records during
the times of normal business hours, and further, City shall
have the right to have such records audited by an independent
accountant.
10.
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16. FIRE INSURANCE. Rein shall obtain and maintain at
its own expense during the term of occupance of the premises,
fire and extended insurance coverage on all property and equip-
ment not owned by the City and shall also maintain sufficient
insurance coverage protecting both the City and Rein from
liability which may arise from the storage or harborage of
boats belonging to others than Rein and City. Certificates
of such insurance shall be provided to the City.
17. VTAIVER OF RELOCATION BENE�ITS. In consideration of
the City's allowing Rein to continue the operation of the
existing marina facility and in consideration of the fact that
the City has purchased and acquired the equipment of Rein's .
formerly used by Rein in the operation of the said marina,
Rein does hereby waive any and all rights that it may have
for relocation services, assistance, payments, and benefits
required to be paid by City pursuant to Minnesota Statutes,
Sections 117.50 through 117.56. This waiver is made on behalf
of Rein, formerly Watergate Diarina, Inc. , a Minnesota corpo-
ration, its successors and assigns, and the waiver is made
voluntarily and upon advice of counsel for Rein. In the event
that a court of competent jurisdiction should determine that
this waiver of relocation services, assistance, payments and
benefits is invalid under Minnesota law, then the City shall
return to Rein the equipment identified in Exhibit B, Rein
1I..
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shall return to City the equipment purchase price of $43 ,500. 00, '
and Rein shall then receive whatever relocation services,
assistance, payments and benefits which it is entitled to
pursuant to Pfinnesota State law.
IN WITNESS WHEREOF, the parties have caused this agree-
ment to be executed as of the day and year first above
written.
REIN RECREATION, INC.
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BY 1 �' � -I / '' / •
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By
Its
12.
STATE OF rIINNESOTA )
) ss.
COUNTY OF R.AMSEY )
The foregoing instrument was acknowledged before me this
�" day of 1�-� , 1977 . bY ����/f'ov� G'� �c� .
-T(Name)
� f�
f'tS��Grvf , � i
(Title) (Name)
, of Rein Recreation, Inc. , a '
Title)
rn;,,,,.y,,�� corporation, on behalf of the
corporation.
e-=#_TFiE�DC1P,E l. Zi�1��tR. 1i�. �
`��'���` ' t�CTA4Y �UiiLIC—MINh:SOTA � .
� ''��.�y HENNEPIN COUNTY tary Ll}J11C
MY COM'n�59:^�Po e�a�fies PGT.28. 1s83
1
Form Approved: CITY OF SAINT PAUL
W���
Assist t A torney ayor
City Clerk
Director, Finance and Management
Services
la.
_ _ _ __---- -.-- - - - - - - -
__ __. --- -- --�
� _ __ _..----__ � -
STATE OF MINNESOTA ) -
) ss.
COUNTY QF RAMSEY )
The foregoing instrument was acknowledged before me this
day of , 19 , by George Latimer,
Mayor; Rose Mix, City Clerk; and ,
Director of Finance and Management Services; of the City of
Saint Paul, a municipal corporation of the State of t4innesota,
on behalf of said City of Saint Paul.
Notary Public
14.
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' , •y , April 7, 1977
LIST OF EQUIP,!iCPIT � �'�`
�� �
VALUE
l. Dre3ge consisting of floa.ting pipe, pump and engine
Ellis-Chalmers H�D-11 caterpillar with no engine $ 3,000.00
2. 10,0�0 ga.11on �.iel tank underground; this total
cost includes the plumbing, electrical, e�c. 9,000•00
3. Fuel Doek 500.00
�-. 800 gallon portable fuel tank , 100.40
5. Travel lift, 24,000 lift 9,600.00 •
6. 4Tinch truck, 1957 Interna.tional Harvester semi-tractor 1,500.0�
?. 1957 Ford Pictcup 300.00
8. John Deere tractor I00•p4
9. Oliver Model 550 Forkli.f`t 1,5�•�
10. Flatbed trailer, length approx. 24 ft.x 6 ft. 1,000.0(3 �
11. Cushma.n Cart 304.00
12. Abandor�ed house tra.iler 2,��•�
13. 5,000 fuel tank, which is sitting above ground 1,00Q.00
14. Office Equipmerit: 1,00a-00
2 desks
l credenza
Approx. 10 filing cabinets
Same chairs & tables & related office equipment
Sub-tatal $30,900,00
Pa.rts Inventory:
l. Concrete sealer (this was charged out to slips) 610.00
sub-totai $31,510.00
"EXHI BI T B"
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LIST OF EQtTIF'��iENT
, Pa.ge 1 Sub-total $31,510,00
Shop Equipment: �
1. I�.nd tools . � 750.00 -
2. There are special tools (for mercury and 4.M.E., etc.) 35�•00
Table Sa.w {72„) 1Q0.00
Radial Arm Saw (72") 15Q.00
Air Compressor � - 150.�0
\
Drill Press 70.00
,
Hobart Welder 300 Amps. 25p•�� .
Pedestal gri�er 45•�
Well Pump 1 h.p. jet pum�p rrith 30 ga.7lon ta.nk 125.�0
Sub Tota.l � 1,990.00 .
ToTAI. �QvIRXENT 33 500.00
Relocation benefits and waiver thereof------------ 10,000.00
�43,500.00
"EXHI Bi T B"
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. . . _ . April 7> 19??
��
LIST OF EQUIF'!�'IENT ,�,' �����
, l. Dredge consisting of floa.ting pipe, pump and engine
Ellis-Chalmers H�D-11 caterpillar with no engine
2. 10,000 gallon fuel tank underground; this tota.l cost inclndes
the plumbin�, electrical, etc. '
3. Fuel Dock " .
4. 800 gallon partable fuel ta.nk
5. Travel lift, 24,000 lift
6. Winch truck, 1957 Ilrternational Iiarvester semi-tractor
7. 1957 Ford Pickup
8. John Deere Tractor
9. Oliver Model 550 Forklift � .
10. Flatbed trailer, length a.pprox. 24 ft. x 6 ft.
11. Cushman Ca.rt
12. 5,000 fuel tans, which is sitti.zsg above �ound
13. Office Equipmerrt:
2 desks
1 credeaza
Approx. 10 filing cabinets `
Some chairs & ta.bles & related oP�ice equip*nent
Pa.rts Inventory: �
1. Concrete sealer(this was charged out to slips� .
Shop Equipmerrt:
1. Hand tools
2. There are special tools (for mexcury and O.M.E., etc.)
Table sa.w (72")
Radial Arm Saw (72„)
Air ComQressor
Drill Press
Hobart Welder 300 Amps, �
Pedestal grinder �
Well Rimp 1 h.p. jet �pump with 30 gallon tank
"EXHIBIT C"
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,
' oM at: �2/z97s
Rsa. s /8 'f6 '
._ _ _r EX�GANATItn+T OF A�lMINISTR3�TIVE ORDE�, ��
SOLUTIOIT AND ORD CES � . �
.�..._ � ��_.��,�„_...�... ��`i,�c.. _ A
Date: May 17, 1977
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Tp: MAY4R GEBRGE LATIMER �IA.AYOR'S �"fFIGE •
FR: Rabert �iram � !
�� Counc�l Resolution authorizing lease agreert�nt between Rein Recreation,
� Inc. and City for operation of marina and acquisition of marina equipiment
ACTIC3N REQUE.STED: _ '
Signature on Council Resolu.tion
PURPOSE AND RATIONALE F�R TBIS ACTION:
City has acquired Watergate site but does not have sta€f �o operate the �
marina. Agre�nent authorizes previous owner to operat� marina until
M�y 1 , 1978.
ATTACHMENTS: � •
Council Resolution
Copy of Agreement � .
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