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04-477Council File # ��� T �7 Green Sheet #k {U� � � RESOLUTION 41NT PAUL, MINNESOTA Presented By Referred to Committee: Date Il 1 2 3 4 5 6 � io 11 12 13 WHEREAS, the City has undertaken various projects related to the renovation and operation of Harriet Island Regional Park, and WHEREAS, as part of the available services at Harriet Island Regional Park, the City has maintained a recreationai boat marina via a lease agreement with the Saint Paul Yacht Club, and WHEREAS, over the past two years the Division of Parks and Recreation and the Saint Paul Yacht Club have worked collectively so that the Yacht Club could initiate a project expanding its lower harbor thereby increasing the available boater services, and WHEREAS, a revised lease agreement is required in order reflect the changes due to the lower harbor expansion, and WHEREAS, the revised lease agreement does not extend the term of the lease agreement that is currently in force, and 14 WHEREAS, on March 10, 2004, the Saint Paul Parks and Recreation Commission 15 reviewed the proposed lease and recommended that the Division of Parks and Recreation 16 proceed with the approval process, now, therefore, be it i� RESOLVED, that proper City officials and staff are hereby directed and authorized to i s enter into the attached lease agreement with the Saint Paul Yacht Club for operating a 19 marina at Harriet Island Regional Park. � zeas Benanav C Bostrom C Harris C Helgen �� ILantry ,u��u Montgomery �� � Thune 0✓ 0� � D _ , i- „.�",, Adopted by Council: Date: MA-'n S �UV�� � Adoption Certi�.ed by Council Secretary By: Approved b� N�yor: Date: Requested by: � ' sion of Parks and Recrea ion ��f��l��^-'�///it P�.�.� � Approval Recommended by Financial Services Directory: By: Form Approved by City 0 B /: � i.-':7 i Apq�o�r by M yo� for � 04-4�� LEASE AGREEME�'vT Tlus Lease, effective as of , 2004 by and between: CITY OF SAINT PAUL, hereinafter called "CITY" .�• SAINT PAiJL YACHT CLUB, INC., hereinafter called "SPYC", hereina8er jointly called "Parties", and also individually called "Pariy". WITNESSETH: WHEREAS, the CITY is the owner of certain real estate adjouung the Mississippi River commonly known as Harriet Island which contains a"Lower Harbor" outlined by a black dashed line on attached Exhibit A and "Upper Harbor" outlined by a black dashed line an attached E�ibit B; and WHEREAS, the CITY as Lessor, and the SPYC entered into a certain Lease Agreement dated Apri127, 1999_whereby the SPYC was granted the right to operate a marina facility on said Lower and Upper Harbors of Harriet Island ("Marina Premises"); and WHEREAS, since Apri124, 1999 the City has completed a variety of construction projects that have altered Harriet Island and the SPYC and the City have agreed to an expansion of the Lower Harbor; and WfIEREAS, to reflect these changes the Parties believe it is in their mutual best interest to enter the within Lease Agreement for Marina Premises which will replace and supersede the Lease Agreement dated Apri127, 1999. STATEMENT OF PURPOSES PARTIES acknowledge and confirm: Both Parties desire to provide safe and affordable boating to the pubiic at Harriet Island and have worked cooperatively to accomplish this objective at Harriet Island since 1912; and Both Parties desire to use Harriet Island park area as efficiently as possible, be environmentally sensifive and to maintain an aesthetically beautiful public attraction; and The CITY is under tifle restriction on Harriet Island luniting the use of the land for certain permitted recreafional uses; and �y- y�� The CITY has been issued certain permits for the operafion of a marina facility on Marina Premises ofHarrietIsland; and The SPYC has occupied Harriet Island since 1912, during which time the SPYC has continually satisfied the public recreational use criteria by providing public access for recreational boating, docking and boat storage for the citizens of Saint Paul; and The PARTIES believe it is in the best interest of the public for the SPYC to continue to operate a marina facility on Marina Premises of Harriet Island. II TERM 2.1 Term. The initial term of this an eement shall commence upon its date of execution and it shall tenninate on Apri130, 2014. 2.2 Renewai O�tions. The SPYC and the CITY may extend this Lease Agreement for an additional period of ten (10) years (`Bxtended Lease Term") which will automatically renew unless the SPYC and/or CITY notifies the other, in writing, o£ its intent not to renew the Lease Agreement at least twelve months prior to the expiration of the then current term. The CITY shall not be obligated to agree to such renewal if the SPYC is in breach of any of the terms and conditions of this Lease Agreement or if there has been a recurring pattem or practice by SPYC of failure to comply with the material terms and material conditions of said Lease Agreement whether or not such failures were breaches thereof or were cured; provided, however, that in the absence of such a breach ar pattem or practice of failures, the CITY shall approve the renewal request unless (a) the Council shall have passed and the Mayor approved a resolufion evidencing the intent of the Council and mayor to change the use of all or part of the Marina Premises, or (b) the CITY has adopted a development plan that changes the function or use of all or part of the Marina Prexnises. All terms and conditions of this Lease Agreement applicable to the Inirial Lease Term sha11 remain in effect for the Extended Lease Term, except to the extent otherwise agreed by the parties in writing. 23 If SPYC has installed or made improvements to the Marina Premises after the Commencement Date of this Lease Agreement and if this Lease Agreement is not renewed'pursuant to the provisions of Section 2.2 because of an action or election on the part of the CITY, the CITY shall assume the obligarion to pay the non-delinquent balance of the cost of such improvements, including the non-delinquent outstanding principal balance of any loan incurred for the financing thereof. "Improvement" as used herein shall not include any movable fistures or equipment, but shall include docks, stair casing, fencing and fueling facilities. 2 (�• �� 2.4 The Lease A�eement between the CITY and SPYC dated Apri127, 1999, under wlrich SPYC has leased certain Marina Premises from the CITY, is heieby rescinded, effective upon the Commencement Date of this Lease A�eement. All claims arising under such 1999 Lease are hereby e�tinguished as between the parties herein upon the Commencement Date of this Lease Agreement. � MARiNA PREMISES DEFIN�D 3.1 Marina Premises include areas commonly referred to as the lower and upper hazbors of Harriet Island Regional Park as illustrated in E�ibits A and B. 3.2 The Marina Premises remain public spaces, however, the public's access to certain areas may be prohibited for reasons of public safety and basic security concems. The SPYC shall, prohibit general public access to its docking azeas (indicated by blue lines on Exhibits A and B) and maintenance compound (indicated by red lines on E�ibit B). 33 Public access to the area designated far boat storage (indicated by green lines on E�ibit B) shail also be restricted or lunited for reasons of public safety when boats are being stored, transported or otherwise present. In areas where boats are not stored and at times of the year when boats are not being stored, public access will not be impeded and the area will be available for use for managed parking for special events as well as general park use. The CITY retains the right to direct, from time to time, the SPYC as to which specific areas within the boat storage area shall be open for general public access, provided that any such direction shall meet the need for safe and secure boat storage. 3.4 The CTTY will work in good faith to make available an additional one-haLf (.5) of an acre of land that is contiguous to the area defined in e�ibit B(upper harbor) for the purpose expanding the Marina Premises. The CITY will work to make this additional azea available for SPXC use, provided, however, that foregoing requirement does not obligate the City to acquire any property or site by purchase or eminent domain, nor to vary or infringe any terms or conditions imposed by existing title restrictions or easements. Such additional land shall be subject to the terms and conditions of this Lease Agreement as part of the Marina Premises, specifically the boat storage area on E�ibit B, which shall be re-drawn to reflect the inclusion. 3.5 The SPYC is aware of the CITY's plans to make future improvements and modifications to the upper hazbor Marina Premises as part of a larger redevelopment of Harriet Island/Lilydale Regional Park and acknowledges that such a redevelopment may involve a reconfiguration of the dimensions and layout of the on-land Marina Premises as they are illustrated in E�.ibit B. In the event that an area is reconfigured, the CITI' will make land that may be a combination of the park land that is occupied by the SPYC at the tune when said reconfiguration is initiated and adjacent public park land in substantially the same area available to the SPYC to be used for the purposes ofboat storage and its maintenance compound in amounts equal to the lands that are available to the SPYC at 0�- �`►� the time any such reconfiguration is iniriated (as shown on the e�sting or a future modification to E�ibit B). The CTTY will work with the SPYC in plauving and initiating any reconfiguration. If the Marina Premises are reconfigured at any time, Exhibit B will be re-drawn to reflect the changes. This clause is independent of 3.4, and therefare does not in way excuse or substitute for the CITY's obligations contained therein. The foregoing requirement does not obl�gate the City to acquire any properry or site by purchase or eminent domain, nor to vary or infringe any terms or conditions imposed by title restrictions. Land which is included within the Marina Premises under the terms of this pazagraph shall be subject to the terms and conditions of this Lease A�eement. 3.6 All park lands (including parking azeas) other than those defined as Marina Premises are not governed in any way, implied or otherwise, by this Lease A�eement and remain under the sole control and jurisdiction of the CITY. 3.7 Both Parties acknowledge that the CITY's future plans for Harriet IslandlLilydale Regionai Park include a proposed bicycle/pedestrian path along the river's edge; and that a bridge is contemplated to span the entrance of the Upper Harbor entrance to the upper hazbor as it connects the Harriet Is1and path with those upstream towazds Lilydale. Currently, this path is proposed to pass through azeas indicated on E�ibit B as Marina Premises. The CITY a�ees to work with the SPYC in making provisions so that the proposed bridge is designed and built to protect the operational functions of the Nlarina Premises, specifically so that it will not interfere with regular access by boats moving in and out of the upper hazbor. 3.8 The area designated for boat storage includes lands above a storm sewer line that is maintained by the CTTY. If the CITY deteranines in its discretion that maintenance or other work is required on such line or sewer facilities, the SPYC shall move all boats and other equipment specified by the CITY within a xeasonable time period as specified by the CITY. In such an event, the CITY will assist the SPYC by identifying alternative areas for temporary boat storage within e�sting park lands, but shall incur no financial obligation for moving such boats and equipment. No improvements or immovable fixtures shall be constructed or placed by SPYC in any location that would interfere with repair, repiacement, maintenance or other work of such sewer line or related facilities. SPYC shall be obligated to consult with the CITY before constructing any improvements or fixtures over or neaz such sewer line. An improvement for the purpose of this paragraph and this Lease Agreement shall be a permanent addifion to or permanent betterment of real properiy that enhances its capital value, and does not include ordinary repairs or maintenance. N PERMITTBD USE 4.1 The SPYC shall have the exclusive privilege of operating a marina facility on Marina Premises; and to generally carry on and engage in normal activities which are incidental to the operation of the marina. � Ora-y�tl 4.2 The SPYC may engage in activities including but not limited to slip rental, launching, hauling and winter storage of boafs, sale of fuel and marine supplies and repairs. 43 The SPYC may not operate or enga�e in acrivities related to a commercial repair gazage nor may it act as a boat dealership or brokerage. V REi�I'I' 5.1 The SPYC shall pay as"RenY' an amount equal to twelve and one-half percent (12.5%) of gross revenues received by SPYC from summer and winter dockage and storage fees, less the credit, if any, allowed pursuant to paragraph 5.6 of this Lease Agreement. Any unused portion of such credit, if any, shall not be carried over from calendaz year to calendaz year. 5.1.1 Notwithstanding the foregoing or any other term or provision of this Lease Agreement to the contrary except 9.4, SPYC shall pay an annual minimum fee to the CITY based on the following schedule: 2004-2014 $27,500 Extended Lease Term A sum equal to the five year average of rents (without reduction for credits under paragraphs 5.1 and 5.6) paid in • years 10-15 of the Inifial Lease Term. The minimuxn fee will be payable in two installments on June 1 and December 15 of each year, prorated as and if necessary for less than full calendar years. 5.2 The SPYC may not increase the discount it offers to its slipholders based on SPYC membership status past the cunent discountsng levels of $200 far dockage rates aud $100 for winter storage rates unless it receives written approval from tbe CITY. The term "discount" includes any reduction in storage or dockage fees however described. 53 The CITY has a right to inspect all books and records pertaining to the operation of the marina by the SPYC. The CITY shall be granted inspection of said books and records by providing the SPYC with written notice, whereby the SPYC shall have fifteen (15) days to provide such information to the CITY. 5.4 The SPYC shall retain an extemal-auditing firm to perform an annual audit of its fmancial operations. The audit shall be performed in accordance with generally accepted accounfing principles and shall show all revenues received and e�penses paid for the SPYC's operations for the previous year. The SPYC shall provide the CITY with a copy of its annual audit no later than April 15 of the next year following the audit. pa. ��� 5.5 If an audit for the preceding year shall show a variance between the amount acivally paid and that which is due, that amount shall be either paid to the CITY by the SPYC no later than April 15�' of the next yeaz followin� the audit period if an additional amount is due; or the SPYC shall be entifled to a credit against Rent to be deducted from the next payment due the CITY if an overpayment was made. Provided, however, that if the Lease Ab eement expires or is terminated and the audit shall determine an overpayment the final year, the SPYC shall be entitled to a refund from the CITY for overpayment of Rent. In the case of undeipayment, the SPYC will pay the CITY the amount of the underpayment. 5.6 The parties may propose to each other that the SPYC undertake work or projects for the betterment of Marina Premises and Harriet Island park area (where the CITY has the primary responsibility). If fhe CITY specifically consents in writing to the estimate and pians for such work or proj ect submitted by SPYC, the SPYC shall be entitled to a credit against its annual Rent payment under paragraph 5.1 of this Lea,se Agreement for such work performed or such projects undertaken. Credits earned for this purpose shall not be carried over from one year to the following yeaz unless the SPXC receives written approval from the CITY for such carryover. No credit shall be allowed by the City for any work or project if such work or project was solely or substantially for the benefit of SPYC or of users of the Marina Premises, or if the benefit to the public af large is purely incidental. VI CONSENT TO IMPROVEMENTS 61 No improvements or immovable fixtures can be made, installed, added or constructed by SPYC on or to the Marina Premises after the Commencement Date without the written consent of the City. The City may require such information to be supplied by SPYC as will enable the City to deternune whether to consent to any proposed improvements or uxunovable fixtures. 6.2 The SPYC shall undertake no reconstruction, alterations, repairs or replacements of e�sring improvements, fixtures, facilities or eguipment on or in the Marina Premises, which causes or constitutes a permanent change in the CITY property underlying the Marina Premises or adj acent to it, thereto, without the written consent of the City. 63 An improvement for the purpose of paragraphs 6.1 and 6.2 shall be a perxnanent addi6on to or permanent betterment of real property that enhances its capital value, and does not include ordinary repairs or maintenance. 6.4 The CITY's response to a request for consent under paragraphs 6.1 and 6.2 shall be given in a reasonable time. The consent of the CITY to a request under pazagraph 6.2 shall not be unreasonably withheld. �1-41� vII COVEI�TANTS AND UNDERTAKING 7.1 The Pariies covenant, a�ee and acbiowledge that each shall provide the following equipment and services: 7.11 The CITY shall provide and maintain a travellift well and the SPYC shall provide, operate and maintain the travel lift. 7.12 The CITY shall periodically inspect the marina facility and inform the SPYC in writing of any condirions requiring attention as may be required to comply with the obligations under Lease Agreement, and of any conditions necessazy to retain eligibility for lease renewal under Section 2.2 of this Lease Agreement. 7.13 The SPYC shall undertake no major improvements, construction ar alterations to Marina Premises without the prior review and approval of the CITY. 7.1.4 The SPYC shall be permitted to store boats and other water craft on the area designated on E�chibit B. Winter storage shall be auailable to SPYC slip holders only. The SPYC may, if aa eed to and authorized by the written approval by the CITY, store boats other than those of its slip holders on a space available basis. The City shall maintain and repair the surface of the said boat storage area so that it is suitable for the transport and storage of boats, subject to the obligation of SPYC to maintain the Marina Premises in a safe condition under paragraph 7.2.1 of this Lease Agreement. The foregoing obligation of the City does not create or vest in any third party or user of the Marina Premises a right or cause of action against the City arising out of the condition of the boat storage area. 7.1.5 The SPYC will keep the area designated for boat storage clear of boats and other equipment in order to make it available for other uses during the period beginning June 10 and ending September 10 of each yeaz. Any SPYC boats that are required to be on land far maintenance purposes or that are otherwise not in the harhors during this specified time will be confined to a portion of the boat storage area as identified by the SPYC and the CITY. 7.1.6 The CITY shall provide the SPYC with the CITY's accident report forms. These forms shall be completed by SPYC representatives in instances where accidents on or near the Marina Premises aze reported to or witnessed by SPYC representatives. The SPYC shall deliver completed reports to the CITY within five working (5) days foliowing an accident on or near the Marina Premises. 71.7 The SPYC hereby agrees to defend, indemnify and hold the CITY and any of its officers, agents and employees hannless from any claims, damages, or causes of action arising from fhe use and operations of Marina Premises by SPYC, its agents, officers, or employees. The SPYC shall provide at its own cost and �'►-K,�. expense, liability insurance namiug the CITY as an additional insured thereon. Insurance sha11 cover injury to persons oz property in an amount not less than the limits of the CITY's liability as set forth in Ylinn. Stat. §466.01 et seq (currently - $300,000 individual, $1,000,000 ag�egate). SPYC shall provide evidence of such covera�e to the CITY annually. Nothing in this provision shall be construed in any manner as a waiver by the CITY of its statutory limits of liability, immunities or exceptions. SPYC shall be obligated to maintain such coverage in fu11 farce and effect at all times that this Lease Agreement is in effect, and failure to do so shall be a breach thereof. 7.1.8 All assets present and future paid for and owned by the SPYC, unless furnished as an improvement or immovable fixture on the Marina Premises, shall always remain the property of the SPYC ixnless otherwise agreed to in writing by the Parties (i.e. docks, li$s, trailers, temporary buildings, blockang, stands, spuds, above ground gas tanks and piping, and tools and equipment). Present and future items provided by the SPYC as such improvements or ixnmovable fixtures (i.e. pilings, dolphins, utility fixtures, and below ground tanlis and lines) sball remain as such on the Marina Premises. 7.19 The SPYC shall act as the primary rental agent for transient boaters at Harriet Island Regional Pazk. All transient fees collected by the SPYC will be retained by the SPYC. 7.1.10 The CITY will manage the Pubiic Dock in accordance with the provisions found in E�ibit C. 7.1.11 This Lease Agreement does not exempt the SPYC or its members from park rules and regulations, except as may be provided elsewhere in this Agreement 7.1.12 The SPYC may neither operate nor comsnission the operation of vending machines that are located on premises visible to and/or accessibie by the general public without the consent and written authorization of the CITY. 71.13 That the SPYC understands that the east entrance to the park, specifically the curved intersection at Levee and Hamet Island Road, is signed as no puking and is not designed to safely accommodate loading and unloading of vehicles. The SPYC will advise its Lower Harbor boaters of this danger and instruct them to accomplish any loading and unloading activities in other areas. 7.114 That in cases of emergency or disaster such as flood or other natural act, SPYC will vacate Marina Premises if required and otherwise cooperate with directives from the City's Superintendent of Puks and Recreation, Fire Chief, Police Chief or other City official delegated such power due to the emergency. Related costs shall be bome by SPYC unless otherwise negotiated. Further, SPYC will make no claim against the City for lost revenues or added e�penses due to this temporary relocation. � 7.2 The SPYC specifically covenants and agrees; 7.2.1 To maintain Marina Premises in a safe, clean and orderly condition. 7.2.2 To inspect all docks on a regulaz basis to insure that they aze in a safe condition. The SPYC shall repair any conditions that cause the docks to be unsafe as soon as possible. 7.23 To keep the Marina Premises free of litter and accumulated trash. Cleanup of the site shail be accomplished on a iwice-weekly basis. 7.2.4 To store all equipment and other materials present on the Marina premises in an orderly manner so that the appeazance of the facility is clean and organized. 7.2.5 To cut the grass and maintain the immediate banks of Mississippi River to the waterline adjacent to Marina Premises, marina parldng areas and boat storage areas as defined in Eachibit A and B. Tree maintenance and removal will remain the responsibility of the CITY. 7.2.6 To provide an adequate number of trash receptacles in hazbors of Marina Premises to accommodate debris generated by boat owners and their visitars to the marina and be responsible for the removal of that trash. 7.2.7 To maintain in safe and good condition the steps and access to docks in both boat harbors. 7.2.8 To provide adzquate lighting for docks in both harbors. 7.2.9 To install public telephones accessible to boaters and visitors to the marina in each harbor. 7.2.10 To fiunish temporary dockage for transient boaters visiting Saint Paul and seasonal dockage for approved applicants and SPYC members. 7.2.11 To fumish a minimum of 175 and a ma�mum of 208 individual boat slips, and total available dockage for up to 230 boats as deternuned by the SPYC . The maxunum number of slips may not exceed the pemut as issued to the CITY by the Minnesota Department of Natural Resources. 7.2.12 To not enter into any business of constructing motor boats or other craft in the harbors azound Harriet Island or adj acent land. Marina leaseholders with approved dockage may engage in minor boat repan to their watercraft in the marina, however any major boat repair work must be approved by the SPYC. �.j-�Z� 7.2.13 To engage in dock construction, painting, sandblasting in order to paint, welding, carpenfry and other maintenance activities incidental to operating a marina. The SPYC and the CITY shall j ointly determine an area where tlus work may occur. In addition, the SPYC shall provide a weather proof building to facilitate this work to be located as agreed to between the CITY and the SPYC. 7.2.14 To cooperate with and provide such facilities that are necessary and appropriate for CITY's Fire Department Harbor Patrol, U.S. Coast Guard, Coast Guard AuYiliary and Ramsey County Sheriff Water Patrol. 7.2.15 To maintain and use a marina fuel storage and dispensing system. Said system shall be under the direction and control of the SPYC and the SPYC shall be responsible for the periodic, legally approved, testing of the tank. The SPYC shall be responsibie for the day to day maintenance of the tank to keep it in good operating condition. The SPYC shall provide gasoline for sale to the boaters during regular hours during the boating season and by prior appointment. The SPYC shall be responsible for any spill or dama�e to land adjacent to the tanks and/or any subsoil cleanup ordered by appropriate authorities. 7.216 That the SPYC shall provide the CITY with a copy of all agreements or contracts between the SPYC and any party who wiil assist the SPYC in canying out the stipulations of this Agreement. 7.2.17 To not rent space to any individual or entity whose primary purpose is to conduct business, specifically including charter and excursion boat operations, or allow any of its membership to temporarily or permanently conduct retail or commercial transactions within the marina hazbors. This does not preclude slip holders from entertaining guests, nor does it prohibit slip holders from conducting personal business or work related to their employment while on their boat. 7.218 To designate saf parking azeas for automobiles iu the westernulost Uppez Harbor parlang-lot while the SPYC is moving boats. 7.2.19 To provide a pump out facility for all boaters use during regular hours of the normal boating season. 7.2.20 To remove all marina boaters' and visitors' discarded materials, parts and various debris to maintain the boat storage, work and parking area in a clean and good condition in both harbors all on a twice-weekly basis. 7.2.21 To conform to City, State and Federal safety, health, accessibility and environmental laws and to cooperate with the appropriate agencies to achieve such objecfives. 10 pa_ ��� 7.2.22 To comply with State and Federal fair employment practice laws prohibiting discriminarion on the basis of an applicanYs age, sex, race or physical status. This also applies to persons seeking membership in the SPYC. 72.23 To use the SPYC policy (e�ibit D) which has been approved by the CITY, that sets up criteria for slip assi,��ents at the Marina. Further, it is understood that residents of the City of Saint Paul on the waiting list by January 1� of each year shall be offered slips at the Marina each year before slips are offered to non-Saint Paul residents on the waiting list: Pending the Saint Paul applicant meeting other slip assignment reqnirements. 7.2.24 The SPYC will annually furnish the CITY with a roster of its Board Members and Lease Holders prior to 7une 1 of each yeaz of this Agreement. 7.2.25 To fumish the CITY with its proposed rates, including any related discounting, for dockage, storage and other services on or befare March ls` of each calendaz year. The CITY shall have the right to approve or disapprove of these rates and discounts. The CITY shall not act azbitrarily or unreasonably withhold its approval of the SPYC proposed rate or discounting siructure. If the CITY fails to respond to the SPYC to either approve or disapprove of said rates and discounting within 30 days of its receipt of the proposed rate schedule, the proposed rates and discounts shall be deemed approved by the CITY. 7.2.26 That it shall not, in violation of any applicable federal, state or local laws or regulations, pollute any air, soil or ground waters, or discharge or release any Hazardous Wastes, in, into, on, over or adjacent to the Marina Premises or the Mississippi River, and that it shall take reasonable steps to prevent all members, guests, transient boaters and other users of the Mazina Premises from doing so. Any such discharge or pollution, or failure to take reasonable steps to prevent such discharge or pollution, which is in violation of any such applicable laws or regulations, shall be a breach of tlus Lease Agreement. The SPYC shall also comply with all applicable federal, state and local laws and regulations, including City ordinances, relating to the control, handling, discharge or release of said Hazardous Wastes, and failure so to do shall be a breach of this Lease Agreement. In addition, SPYC shall be obligated to use the Minnesota Pollution Control Agency Fact Sheet �#4.24 "Managing Marina Waste", published April 8, 1996, as a general guideline for its operations and shall work with its membership and slipholders to achieve compliance with the guidelines in said Fact Sheet. The SPYC will incorporate future updates of the Fact Sheet, when published by the MPCA, as guidelines for its operation, when said fixture updates are available and lrnown. 7.2.27 Hazardous Wastes, for the purpose ofparagraph 7.2.27 above, shall be and include all dangerous, toxic or hazazdons contaminants, pollutants, chemical wastes or substances as defined in applicable federal, state or local iaws orregulations, as those may be amended from time to time. 11 p�-�'t`1 7.3 The CITY specifically covenants and agrees: 731 To provide material and supplies in such amounts and quantities as the CITY shall detenniue adequate for trees, shrubs, benches, signage, portable toilets, asphalt, grauel, grass, snow removal, police security, security fences, lighting and fire and emergency services. 73.2 To provide electrical, telephone, water, sewerand natural gas service on the leased premises with auailable access for installation and hook up of marina facilities. The SPYC is responsible for payment of all related bills based on its usage and consumption of said utilities for the duration of this Agreement. 73.2.1 In 2004, the SPYC will be expanding the Lower Hubor. Related to this expansion, the SPYC will be solely responsible for accomplishing the initial utility connections and establishing fully functional utilities, including bearing any and all related costs. Following the initial connections the CITY will assume responsibility for access per 7.3.2 73.3 To maintain parking within Harriet Island Regional Park that serves the marina premises as well as other areas and attractions within the park. Nothing herein is intended to convey exclusive use by SPYC of any parking facilities. The CITY will maintain access thereto for boat owners at all times, including during special events, and properly inform the SPYC of any event that could hamper in any way access to the leased premises. The CITY will develop and administer a parking plan for Harriet Island Regional Park that (a) reserves 25 parking spaces for use by live- aboard slip holders, and (b) accommodates the need for SPYC members and authorized guests, as recognized by the CITY, to pazk vehicles overnight in the Park, providing as well for the necessary related ingress to and egress from the Marina Premises. 73.4 To allow up to 208 individual slips and total available dockage for up to 230 boats, including 25 slips for yeaz round live aboard usage. 73.5 To maintain the appropriate permits for the location and operation of a marina at the leased premises that may be required by law and to transfer all appropriate rights to said permits to the SPYC for the duration of tlais lease. The CITY shall provide copies of all such permits to the SPYC. 73.6 To give the SPYC prior notification of and provide for consultation with the SPYC concerning and CITY projects which may affect the normal operations ofthe SPYC, increase the SPYC's expenses, or cause a loss of revenue to the SPYC. The CITY shall notify the SPYC by Mazch 1 of each year of any special events planned for Harriet Island that may cause a disruption in the access to the Marina Premises by the the SPYC. The SPYC recognizes that the CITY maintains the option to schedule special events after the initial March 1 annual notification date. To m;n;mize the 12 , ���� potential impacts of the special event as it is related to SPYC activities, the CITY will provide prompt notificarion to and consultation with the SPYC in the event of any planned additions to the special event schedule. VIII ADMINISTRATION 8.1 For the purpose of the aduiiuistration of this Lease Agreement, the CTTY's representative shall be the Director of Pazks and Recreation and the SPYC's representative shall be its Commodore. No other person except the Commodore of the SPYC may bind the SPYC to any issue or undertaking by the SPYC under this Lease Agreement. IX DEFAULT/REMEDY 9.1 This Lease Agreement may be temunated at any time by mutual assent of the Pazties. 9.2 In the event that either parry fails to perform any of the terms ar condifions of this Lease Agreement, or violates any term or condition thereof, such failure or violation shall be a breach of the said Agreement. In the event of such a breach, the other party may give written notice of the breach to the party in breach. If the breach has not been cured or remedied within thirty (30) days following the giving of such written notice, the other party may temlinate this Lease Agreement in its entirety. 93 In the event any provision contained in this Agreement should be breached by either party and said breach thereafter waived by the other pariy, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other breach hereunder. 9.4 That neither Pariy will make any claim and waives any right against the other Party on account of any loss or damage caused by acts of God, such as fire, water, windstorm, floods, freeziug, waz, civit unrest and other acts of C�od affecting the leasehold properiy in connection with its operation. T he m inimiun r ent s pecified i n p azagraph 5.1.1 o f t his agreement shall be abated in any period during which the SPYC's operations are halted on account of such acts of God as described within this pazagraph. 9.5 No remedy herein conferred upon or reserved to either party under this Agreement is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter e�sting at law or in equity or by statute. No delay or omission to exercise any right or power accruuig upon any default shall impair any right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from tisne to time and as often as may be deemed e�pedient. 13 �-�,�� 9.6 No provision in this Agreement shall preclude the CITY from exercising its lawful power of eminent domain over the leasehold estate established herein, or any part thereof, provided that any exercise of said power shall be in accordance with all statutory and constiturional requirements pertaining thereto. 9.7 ThisLeaseAb eementshallbeconstruedunderthelawsoftheStateofMinnesota;andifany provision or porLion thereof, or the application thereof to any person or circumstances shall, to any extent, be invalid or unenforceable, the remainder of this Lease A�eement shall not be affected thereby, and each provision of this Lease Agreement shall be valid and enforceable to the fullest extent provided by law. X NOTICES 101 Any notice, statements, bills or communications provided for herein shall be deemed sufficiently given or rendered 'af in writing and either delivered to the other Party personally or sent by certified mail address to the other retum-receipt postage prepaid as follows: AS TO CITY - Director of Parks and Recreation City of Saint Paul 300 City Hall Annex 25 W. 4�' Street Saint Paui, MN 55102 AS TO SPYC - Commodore, St. Paul Yacht Club Harriet Island 100 Yacht Club Road #B 1 Saint Paul, MN 55107-2030 ar such other address as the respective Parties shall designate in writing. The time of giving such notice or communication shall be deemed to be the fime when the sasne is actually delivered to the other Pariy. � MISCELLANEOUS 1 L 1 Captions and Headine. The captions and headings used herein are intended only far the convenience of the reference and are not to be used in construing this Lease. , 14 p�,r y'l1 11.2. Entire Aereement. This I.ease A�eement constitutes the full and complete a�eement between the Parties hereto and there are no other terms, obligarions, covenants, representations, warranties or conditions other than contained herein_ II�T WPI`NESS HEREOF, the Parties have caused this Lease A�eement to be executed and delivered in duplicate as of the date appearing on page one hereof. APPROVED AS TO FORM: City Attorney SAINT PAUL YACHT CLUB Commodo C N�`Z � 7.� .Y: � 1� f I I l 7 l iJ � Mayor, City of Saint Paul Airector of Pazks and Recreation Financial Services Director 15 . oy-y�7 � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � DepartmenN�ce/eouncii: Date Initiated: pR �arksandRecrealion o�-�R_� Green Sheet NO: 3014835 Contact Person 8 Phone• �oartmeM SeM To Person InitiaUDate MikeHahm � 0 arlaaod ecreati n 266-6444 A55ign 1 arks and Recreati n De artment Director �� Must Be on Council qgenda by (Date): Num6er Z i Attorn Fof 3 or's �ce Ma or/Assistant Routing OfdOf 4 o n '1 5 i Clerk CS Clerk 6 ar an Recreati n Mike Aahm Total il of Signature Pages _(Clip All Locations for Signature) Action Requested: Adopt CouncIl Resolurion authorizing City officials and staff to enter into a revised lease agreement with the Saint Paul Yacht Club (SPYC) to operate a marina at Harriet Island Regional Pazk. Recommendations: Approve (A) or Reject (R): Personal Service Contracts Must Mswer the Following Questions: Planning Commission - . 1. Has this personffirm ever worked under a contract for this department? CIB Committee Yes No Civil Service Commission 2. Has this person/firm ever been a city employee? � ��� �l���c/F(t��j� Yes No 3. Does this personffirtn possess a skill not normally possessed by any current city employee? Yes No ' Explain all yes answers on separate sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): The SPYC is workiag�avith the Division of Pazks and Re�earion to e�cpand the lower habor. A new lease agreement is required to reflect the changes. The �'�v lease does not e�cpand upon the termof the agreement currenfly in force. ��` �,_ AdvantaaeslfApproved: , The SPYC will have a lease allowing them to expand their lower harbor. Revenues anricipated in the Pazks and Recreation budge due to - ihe expansion will be realized. Dockage oppommities for recreational boaters will be enhanced. • DisadvanWges If Approved: None Disadvantages If Not Approved: � �� p The oppoitunity ta eapand the habor will be lost or delayed. �� � APR 12 2004 TotalAmountof 4��Q, CasURevenueBudgeted: Y ������������ Transaction: Fundinp Source: Saint Paul Yacht Club Activity Number: 001-03105 Pinanciai information: City receives paymeuts from SYPC based on percentage of total SPYC revenues. (Explain)