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2069424- ORIGINAL TO CITY CLERK CITY OF ST. -PAUL y " OFFICE OF THE CITY CLERK - C NC RESOLUTION — GENERAL FORM PRESENTED BY COMMISSIONER. nATF F 069, 421 COUNCIL FILE NO. E RESOLVED, by the Council of the City of Saint Paul, that pursuant to the report and recommendations of the Commissioner of'Parks and Recreation and Public Buildings, in the premises, that.the proposed Public Swimming Pool License Agreement, a copy whereof is herewith filed, to be made by and between the City of Saint Paul, therein designated "the City" and Public Pools, Inc., a Minnesota corporation,'therein designated "the Licensee ", among other things, providing for the grant of a License, in the nature of a Lease of Privilege, by the City to the Licensee, for the Licensee's construction, installation, maintenance and operation of a Public Swimming Pool and, necessary Appurtenances, at the Licensee's own cost'and expense and without any expenditure on such account, of any public funds, o�i a two -acre site (approximate area) therein described representing a portion of the former Workhouse Buildings within Como Park, a public park of the City, and providing for the payment,by said Licensee's of- the City therefor of a minimum annual license fee in the amount of,$1000, hereby is in all things approved and autho.r_ized and the proper City officers hereby are author- ized and directed to execute the same in the name and behalf of the City, it being specifically hereby found that the ' Licensee's operations_ thereunder represent a proper public park use and that the subiect area is not needed for any other public park use. Coil File No. 208942 —By Frank L. Loss— Resolved, By,the Council of the City of Saint Paul, that pursuant, to the, report and recommendations of the Commissioner of Parks and Recreation 3 and Public Buildings, in the premises, that, the proposed Public Swimming Pool License Agreement, a. copy, where -' of is herewith filed, .to be made by and between the City of Saint Paul, there- in designed "the City" and Public Pools Inc., a Minnesota corporation, . here{ i designated ".t h e Licensee' ", i::mong other things, providing for the rant of a License, in the nature of a' &__ 4!q.:e of Privilege, by the City to tW nie. for the Licensee's =t01, . maintenal_ rr al:d lluq 20t '_', Swin mJ ! ; 5 4 ppR b 3�s3 ' tenancr9iii �o '?993! � rCOUNCILM Ad by the Council 199zr Yeas ne�Co,zrcy � olland o��ss --Mort' on � teraon Rosen r. President, vavoulls g�LISAED ' Approved APR 2 6 1962 19 Tn Favor Mayor gainst zlzl� 0 Idylp e w E --600 r1 �r - - - - -- - 1 - - - -- - -- IN c0 0 N Q9 II �, V o— 1 la Ir I !� I 1 , 1 c 1 r � 1 I � 1 � _ 1 _ n Qfn _ LA O I I O 'n 1 � I 1 N. {" ILA la /Vn" + I r 1 l � I 1 i 1 �k 111 Zo D i t0 � V r i i I A .C► D —C \1 w o r v o � 1 1 _r 1 \ ^� V1 1 5 Ew Zo D i t0 � V r i i I PUBLIC SWIMMING P0OI1 LICENSE AGREEMENT r This Agreement, made this 2__,6th .day of April , 19629 by and between the City of Saint Paul, a Minnesota municipal corporation, hereinafter designated "the City ", and*Public Pdols, Inc., hereinafter designated "the Licensee's WITNEWETH•t WHERFV, the Council of the City, as evidenced by its pertinent Resolution, C. F. No. 206762, ap- proved April 129.1962, being duly advised in the premises, found that there exists no present need for the use of that portion-of the land heretofore acquired by the City, for public park purposes, embraced within the former site of the workhouse buildings of the City constituting a portion of the public park of the City designated as Como. Park and consisting of approximately two acres, for other park purposes and negotiations therefor were hereti9fore instituted and have been conducted by and between the City, represented by Ito Com- missioner of Parks and Recreation and.Public Build- ings, and the Licensee for the granting by the City to, the Licensee of a license, in the nature of a .lease of privilege, for the Licensee's construction, installation, maintenance and operation thereon of a public slimming pool'and necessary appurtenances at the Licensee's own cost and expense and without any expenditure on any such account, of any•public funds, more particularly-to be provided for ily a , written Agreement of license, by and brtii6em the City and the Licensee, whergunder and'whe'reby, among other things, there shall be imposed upon Licensee the obligation to pay all coats and ex- tenses necessary and Incidental to the construction' installation, maintenance and operation of such pro- posed public swimming pool and necessary appurte- nances, and to pay a minimum rental to said City for the use of the subject site for each annual eriod of the subject license, In the amount of 1,000.00, and the obligation to cause to be prepared and furnished by.a competent registered architect all necessary plans and specifications for the construction and installation of said public swimming ppol and appurtehanc s prior to the commencement of the per- tinent construction or installation work and subject to approval by the City Architect of the City; NOW, THEREFORE,.the'above named parties, the City and the Licensee, hereby mutually covenant and agree as follows:' 0 0 r r� PUBLIC SWIMMING P0OI1 LICENSE AGREEMENT r This Agreement, made this 2__,6th .day of April , 19629 by and between the City of Saint Paul, a Minnesota municipal corporation, hereinafter designated "the City ", and*Public Pdols, Inc., hereinafter designated "the Licensee's WITNEWETH•t WHERFV, the Council of the City, as evidenced by its pertinent Resolution, C. F. No. 206762, ap- proved April 129.1962, being duly advised in the premises, found that there exists no present need for the use of that portion-of the land heretofore acquired by the City, for public park purposes, embraced within the former site of the workhouse buildings of the City constituting a portion of the public park of the City designated as Como. Park and consisting of approximately two acres, for other park purposes and negotiations therefor were hereti9fore instituted and have been conducted by and between the City, represented by Ito Com- missioner of Parks and Recreation and.Public Build- ings, and the Licensee for the granting by the City to, the Licensee of a license, in the nature of a .lease of privilege, for the Licensee's construction, installation, maintenance and operation thereon of a public slimming pool'and necessary appurtenances at the Licensee's own cost and expense and without any expenditure on any such account, of any•public funds, more particularly-to be provided for ily a , written Agreement of license, by and brtii6em the City and the Licensee, whergunder and'whe'reby, among other things, there shall be imposed upon Licensee the obligation to pay all coats and ex- tenses necessary and Incidental to the construction' installation, maintenance and operation of such pro- posed public swimming pool and necessary appurte- nances, and to pay a minimum rental to said City for the use of the subject site for each annual eriod of the subject license, In the amount of 1,000.00, and the obligation to cause to be prepared and furnished by.a competent registered architect all necessary plans and specifications for the construction and installation of said public swimming ppol and appurtehanc s prior to the commencement of the per- tinent construction or installation work and subject to approval by the City Architect of the City; NOW, THEREFORE,.the'above named parties, the City and the Licensee, hereby mutually covenant and agree as follows:' 0 0 r 0 gear, shall atceed $19000.00..The said. tabular statement, for variaple:annual periods, Licensee's Gross - Receipts per year and percentage of Licensee's Gross BAdeipts, for said purposes is' the followings., (1) During the first fifteen (151 years of rentals GROSS% RECZIPTS M YXAR PXRCMiT 3 PA)MTS : ON ". 30;000 42 30 ;000 - 509000 51� l3 50,000.- And Over 10� (2) During thi last ten (10) years • of rentgl: , GROSS BZUMS, PIM YEAR PERCZNTA PAINS= Qr GR70SS RZCZIPTS (1) $ 0 - •4509000+ That,the Licensee shall CORPUS and maintain, at a suitablb location Within the e(pVorate limits of the City, Book Records aoeurately reflective of its entire operaticnd hereunder, according to conventional' accounting standards disclosing, among other things, its entire Gross Receipts derived from its aapperatio�,.• from time to time, hereunder,• at all reasonable tunas, aocessible'th4p +�'d sub3•ect to examination by the Cityy; and,thit the Lioeasee,•on the 30th day of Septevbes, Of aa*kubjed year,. hall, deliver• to the City a certified copy of such op1c•Hecordo and•a aerti- fied statement opt _such Gross Receipts, respectively, atndaa the same all i}s aPplioable. to ,the than our r h ear, 'sueh o be 'pr red and certified, in- each . instance, by a competent6iertified Public Aycoopnt.ant. -Ti That neltuer this igerit• niw aby op4". . tion thereby atithgrised shall MUSS any divestiture of the status of the subfect premises as n portion of said public park or of am pdser or atitbaAty conferred upon the ' ity or . said ,Compissionar for the re,nla#,�,on .and cbnt��gql of tlo sago 4e blio•park p er y. t at all tiiss harmwde�, the LigpsM -W jzt* j*- � . ....-o pqrate said, Public SjjMin� Pool • and AprpwrtemAcds, in strict•c�ormity to all applicable *daioipal ordi- nances, state statutea, and. rules And regulations of• governmental autborttie's hiving cognisance., I during each year hereunder, the Licensee' accordingly dhall maintain lied operate said Public Swimming 'Pool and Appurtenances •open• and acceisible . to.'.the •gtineral public for s omIng reor- tional 'arid other conventional useb from Memorial to Labor Day, duri the hours from 1 :00 Q.•M. -to 839 P.M. ; Monday thr Thursday, ..; and 9 ;00 A.M% and 8sOO P.M., Friday throw,& Sunday of'' each week, .and durst* such other periods of time as • shall be lauthwtUo or approved by said Com•itosioner; • ' r s i and that during 014 such times,, the Liceviee shall ' post in a conspicuous place on the subject premises and enforce thereon' rules qnd regulations consistent with a0plicable ordinances, statutes and•rules_ and regulations of g+overbmental authorities havir� pog- ° nizances applicable to the saintenenae operi�tion and public ©use, of said 1wi*Mng Pool ate Appurterianoea, hereunder, togothp with a *o#eftle of fates og chargO and prices ap?Ucablo t the publio use of the e and the retail sale by the L •sam icensee of the aforowtioned articles of food,, soft darIz s • and sxiaaia ipamt. That there hVi s re*e v to t� - C J a it l,�eal t o' .all routs and saPvilttu to tine 4it hag-*ldtr, • the �usi. 'bf tbo iMt • mains P+aol a arte- nances, free or i of tlw ; oQa$uQt of life saving and • s;r io I "Xitti; t" fbr j the publiq benefft� ISSM of said CAos�niisioser if .t[. and • .�t��� 'bq� xebria►I; Day an C y 9 provIAod by, t 'the i t �r �aakica• rood f any damage to the J"t to �MJOZ ?opt of ' • Appu rtenange ocea* _ card. and at tr butable ' to the neglect or oiisslon"of he City,or -that of-its Agents or eiiplofeea, in the presto**. That the Liae�tiie kok 446tiatii4 :tblrefor and .J upon tb# initiative leas .#ought the prgq* resent of this License, in the natiure•of'o-ida4m of ppr ;vilegea, ao- aordipg to the .proyislone, term •Sad. conditions, here - inabove and hersivafter set forth and accepts the . • same x ifhout,► aryr• . t on the rt of trim C it* and . subject to #1� a ap� Pia times• "-"i�t by lax in rispeo ofi�l a of Cam► U tkr premises. .TW U sasip uw tranlfer• 91P Werrist of the �o #i1e ; with- out the writ as t au by 'the • $esolutlon of its traUfer • 'or cis ignsiest• xith • ittaa or the City shall: be ' deowA #nWx*1y • void Rmd to 1#y this , greenent. ' �, • �Ut tho t ! ,eta of f i omd. °em'pl44Wh��� �Z ��'y► thee, ,jliat4 and 1 4xoVpt as Werii abpvs provided against �34+ b #�� ark W .of WW. �in jur�r , imoss or to sg#.d �Miti Rack -or Appurtenances sot tr4dteg; imatalledtonsin lased �' + operated by the L empee at fty titer C I t subject premises hereunder; t he L se# 4ha .hold Y�arm- ass and full end fr ,tie it ,its offipers and employees jp ntly A* eevef�llg, ppinAt, all liability on accoun� of Injuries to V'W* .or propert Toccasioned thereby or connectig With &xW Set gr gpe�at on of the Licensee •heron dar,, IVAVW 'fat pot* lla -Ited to the constructi • ins ti�at ' latep�tueS or operation tT the said fublio ri�ipg �..q enanois; W ' the Licensee, •on the shitty . ' tut.. the* Licensee sb 4z � ►ix�tia% iffi f�roa � stria; II • i 1•��C • rr r - the entire operative period of the.Lioensi here- , under, Public Liability Casualty Inturance coverage under Policies of Insurance approved by the Corpora - tion Counsel of tho City, whereunder the Licensee and the City, respectively, ae the Ipouredd shall be indemnified against liabilityv. by the Insurer, in the amount of $100 000.009 on ac ount of injury to any person and in the amount of �300,bOO.00 on account of in jgry to more .than One person, • in arm accident or event ariskng therefrom or connected with'the•Li- censee''s aforesaid authorized operations under'the aforesaid License including but nob limited to the construction, installationo maintenance or operation *by the Licensee of said Public Swimming Pool or Appurtenances on the subject premises. 10. That the Licensee hereby further agrees to furnish and maintain, . during the operative period of the License hereunder, at the Licensee's sole cost and expense•a Surety•Bond, by the Licensee, as principal; and an authorized Corporate Surety Company, as Surety, in fairoy of the Cot , as. Obligee, in the penal sum of $10 QOO..O`Q, conditioned for the Licensee's full and faithful performano♦ of all bf the Licensee's obligations hereunder axed in accordance with all the applicable provisions, terms and conditions of this. Instrument. 11: T4at in the -event that the Licensee defaults in respect pf its required performance of anji obliga- tion imposed upon or Assu)wd. by the. Licensee hereu der, , pertaining to the construction, installatiomf. iainte- nance or.-operation of said Public Swimming Boob., pr-Appurte- •nances,,the payment of gny.aforesaid annual rental charge? the.furnishing of said Insurance Coverage or • Surety, Bond -cr any other *.at or thing provided to be erformed or furnished by the Licensee hereunder, the ity shall have the abeolute right in addition to all- other remedies under applicable rules of-law' to - forthwith termSpots the aforesaid License-ail this. Agreement and to require the Licensee to forthwith '. vacate and repove frpm the subject premises; * that, . in any such ca'sb, writ"A noticQ, of such' termination shall' • ' be given by Registered. Nail' (return receipt demanded) by the • Qity to the Licensee 'steeifying the default or defaults on them :paet of thb Licensee# 'the effective date of such •termination thereby ,to be Appointed sa that the same shall oeaur after the elapse of at least 30 days from the dato Of the deposltipg of such Notice of Termination-in the Registered Bails, as aforesaid;' -and that,..in each such case-on the date thereby speoi -`• fied theretor, by virtue of such Notice of Termination* the said Weenne, this Agreement and all righte.of the Licensee under the same or either of, the #4gmp shall absolutely terminate and the Zicerwoo, et the Licensee's own cost and expense shall vacate Bind remve from the subject premises and fully restore the 'sa," to tpeir. , . former. at&ts'and..condii~icp• As such state avA ebnditUM! • existed , imffiedi:ately prior to the Licenses" s , entry thereoa, hireunor. . ' -6 ' � . 12. That despite the foregoing•prbvist ns hereof for the termination of the subject License and this Agreement and all rights of the Licensee thereunder at the election of the City because of the default or defaults of the Licensee, the City hereby expressly reagrves, for appl'icatiori, all remedies ot4arwise available to the City for re- lief against the Licensee on account of any de- fault,•or defaults of the Licensee, hereunder. 13. That additional to all other oblige tions of the Licensee hereunder, the Licensee solely shall be obligated for the payment�of all'taxes•aud assegsments which shall be levied or assessed against the subject Publig Swimming Pool or Appurtenaneeb'or .against the aforesaid site of the same, during the operative period of the aforesaid License. • 0 •14. That in the event of the terminAtioa of the subject License or the ttermination.of this Agreement by the•Final "Judgment of a Court of ' Competent Jurisdiction; by elpandonment of the sane ' on the part of the Licensee, pursuant to notice of ' termination givep,by the City;j hereunder, because of the Licensee's detqgult or defaults or by- other* effective cause, the Lieeusee, within 30 days next after the effective date' of the termination ixc any such case, shall entirely remove all,instaflatiops thereto- . fore made by the Licensee •upon the subject. premises hereunder and restore such premises to the state and condition of the same a$ such state and.condition existed,. immediately rior to the'Licensee!s entry •therein her er, al such to be done at the Li- censee's • oosts md 0xp on" I and that in ease .of the default-of the Lteensee in regard to:the rep- quired removal of any such installation or installs- tions from the subject premises, after.the elapse of said •30 days allowed. as aforesaid therefor., the Li-* censee shall'be oonolusively deembd.to have abandoned the same, and the same ant-all interests of the Li- ' censee therein shall thereupon vest absolutely* izi the City.and become and be the absolute property of the ' City; provided, nevertheless, in any such wade the ' City may effect the removal of the subject installa-- tions and restore the subject premises and claim and enforce payment' of its necessary costs and• expenses incurred by it on s4ch account as against the Lieexsee; provided, that the City, in any such case, shall have ` by written notice served personall�r on the Licensee or deposited in the Registered Mails addressed to the Licensee, at its last known Registered Office or place of business, ten days prior tb the expiration of said last mentioned 30 days period, advised the Li cei4peb of the City's election to remove subh installation or installations therefrom and restore thb.sub mot premises, as aforesaid, and charge the "City's necessary .costs and expenses incurred an auch.aceount t4 the Licensee, in the event of the Licensee's default, in the premises, in lieu of suffering the same to remain, on the site, and accepting title to the same' hereunder. -7- ' •Y. 4 .�. •�.. i ;�. Jti. i'�••,y Y•tt. A'J a '�` r ft! �l't' •• •• '.T '• � ?; • .. 15. That, its arespeot of the performinve by the Lleensee of •'i'ta •obligations hereunder, for the, construction and installati6a of said Public Swim- ming Pool and AppurtemanCes, the Licensee hereby further agrees: (a) That, in 'the hiring of common or spilled labor for. the performance, of any work under any contrac., or 4ny.subcontriot hereunder; no contractor, material supplier, ' or vendor', sh&ll by reason of race, creed *or color, disori*inate against the rson or V %&"i1 M WI-n Awn ^4 4.4 w& M nI' *tam i* ,&A Q *a *an •r - W-a W w.-W r� 1 V_ Wr@W MW A W &.Y vi+avVM _ W-WVy who are qualified And available to perform the -work to which Ouch WV oym�nt relates.*. ' (b) That no oontraotor',�material supplier, or vendor, shell in any manner, discriminate • against;,or intimidate, or prevent "the employ- ment of Any-such person or persons, or on being hired, prgvgntp or conspire to prevent, any such person Or., persons from the perforgance of work under OW,gontraot on account of recce, • creed or oolor, 16. That without any dgUaltatim or qualificd- tion upon any ppior prmisiot}s hereof, for the vesting of title to 'the subject bvitming Pool and Appurtenances constructed at4 lastalled, the Licensee hereunder ' and supplemental thereto it is hereby provided, that, upon the oomplatioa• of as aforesaid 25 yetr term .of this Agreement,,tho.subjeot Swimming Pool and Appur= tenances constructed an¢ installed, tr the License*, .on the said , site ship begone and th.egr4aftbr remdin the sole. and uaiY oporty of the Cit Kerounder, , and Ste'• f ti"Mt ory ' of staff �er and s *s i�nment thereuponj the 4oe®see, as grantor, shall, make and deliver its Bill of Sale of the subject Public' 340ming Pool and Appurt nApzois, •unto the City, as .grfttee$ where= under and whereb?, in conformity herewith thi Licensee shall war$aut' a , ooiwey the sane end all of same • , unto th* City, free• of enanmbrancq. ' .11. That •ap trtrnant to .tire sub jept site the Li- censee shall daring the period of the.iforesaid License hereunder have• the use of the aooess road shown on the Plat "Exhibit A", extending north thereupon and con- nect1ng.*ith.Van Slyke Avenue for ordinary public street purposes, -in cosh= with the City and•the public. 18. That th* rates of,cba es and prices applicable to* the public uqe bf said Swimhg Pool and Appurtenancds and• to :the Lios4se0's retg4l sale .of pforeaentioned artibles of food, sott -drinks and swimming equipment oantiohed del paragrath 7.; hgreivabove and thid -a y required to be poStad by . hee icensee din the stab jOct presises, at all times, shall be reasonable. 0 ti `i•; , !t, ►. .. A 4 P► .. ..,... ,,g •. ^ .;, �. � �s�lR'� '�+{'R�.11] !� ?!tip:' '1A..•���.,�,�' _ A ' IN iT N933 WHUBOY s the pa 'rt ies have hereunto caused thjs Agfteement to be elecuted the.day and year • first above written, In the Presenne, f.t am OF SIFT PAUL " •• 4 � , • By, . • • By • _, CM � ' MW"M, AND PUBLIC BUILDINGS r _...__.....�._._.. By • City erk By City Comptro or �.^ PIRM PAS • a 1 Corpor *te'3ea1) ' PUBLIC POOLS# INC. a +' By . • s: President- resi en • • $MOD PARTY Form Approved; Approved as to wwoution this ' y Of. 1962 reo or oY Ww D1r4otZF o w ., 9 .. . ' S-