98-10385.,.�os�:-�.�� � - ��b , ay,\`�°�`�
CITY
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Green Sheet # � �.' j � (
RESOLUTION
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Referred To
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WIIEREAS, the City has a Lease Agreement with the Saint Paul Yacht Club (SPYC} that
allows SPYC to use public properry to operate a marina at Harriet Island Regional Pazk (the
Park), which benefits the public by offering a range of recreational opportunities relating to
boating, which opportunities have been continuously provided by SPYC since 1912; and
WHEREAS, the redevelopment of the Park includes the relocarion of SPYC facilities
within the Park and requires a new Lease Agreement between the City and SPYC to
accommodate the changes, which new Lease Agreement will supersede the current lease; now,
therefore, be it
RESOLVED, that the City officials, who are required by law to execute such a new Lease
Agreement, are hereby authorized to enter into the attached Lease Agreement with SPYC, which
authority 1s limited to such Lease Agreement as attached; and, be it
FURTHER RESOLVED, that the City Council requests that the Parks and Recreation
staff report to the Council on June 1 and September 1 of each year of the Initial Lease Term and
any Extended Lease Terms regarding the SPYC's perFormance on the following specific
provisions contained in such Lease Agreement: Pazagraphs 7.1.4, 71.5, 7.23, 7.2.20, and
7.2.21.
Requested by Department of:
By:
Adoption Certified by Council Secretazy
BY' ��� �- ' `� � n n l<l-.r�
Approved by hiayor: Date
SAINT PAUL, MINNESOTA
FoTm A ro ;ed by Cit Attorney
BY: [�"�/�- (r'22'!f
Approved by Mayar for Submission to Council
By:
BY:
.� �---�. �.�:_.-�..�-..� �-(�o.�-.�� �.�� � �-���
Adopted by Council: Date ��.ay �qqq
q�'��d3�
Summary of Coleman Amendments
Term of the Lease. p. 2
The draft submitted to the Council provides for a ten (10) yeaz ea�tension of the lease, and that the
City cannot "unreasonabiy or azbitrarily° refuse to consent to that extension. T'his language sets a
vague and imprecise standard for renewal, and means that a decision by the City not to renew
would in all likelihood end up being resolved in the courts. The court would not give the City's
determination the same deference as is given to legisia6ve ac6ons, but would decide fot itseif
what was reasonable or unreasonable under ail the facts and circumstances at the time. Even if
the City had what it thought was a good reason, such as the need to make pians for other
developments, this would likely cast the outcome in doubt and require the courts to decide.
Coleman amendment:
The Coleman amendment adopts the language used in the lease for the Minnesota Showboat, and
provides for the possibility of additional five (5) yeaz extensions of the lease upon the agreement
of the parties. Both parties aze required to give one (1) year's notice if they do not intend to agree
to an extension. Neither party is at a disadvantage if they do not consent.
CityRepresentation.,Q 3
The submitted draft affirms that certain property does not have any title restrictions.
Coleman amendment:
5ince all properiy in Harriet Island is subject to use restrictions in the title certificate, the City
can represent only that there aze no title restrictions other than those already on the public record.
Rent Comnutation. p. 5
The submitted draft prevents SPYC from increasing discounts, which prevents a reduction in rent
to the City.
Coleman amendment:
The meaning of the term discount is clarified to cover any reduction in fees, however it is
worded.
Cit�Consent. p. 6
The draft submitted says that repairs and permanent improvements to the marina premises cannot
be undertaken without City consent, and the City cannot withhold its consent unreasonably. This
is a vague standazd, and couid lead to litigation.
Coleman amendment:
The amendment makes cleaz that the City does not have to consent to permanent nnprovements
to the marina premises. The City does have to be reasonable in consenting to ordinary repairs.
Acts of God,�. 13
The draft submitted excuses the SPYC from paying rent during halts in operation caused by acts
of God.
�
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Coleman amendment:
The amendment removes the words °gas, elechic wires,° from the list of acts of God. It is not
clear wbat these words were intended to mean, but in any event manmade equipment is not an act
of God.
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1 1'(`(�eK�c\ �
� ersios� —
LEASE AGREEMENT � . �y,\�i9�
This Lease, effectit�e as of , 1999 by and between:
CITY OF SAINT PAUL. hereinafter called "CITY"
�I
SAINT PAUL YACHT CLUB, II�TC., hereinafter called "SPYC",
hereinafter jointly called "Parties", and aiso individually called "Party".
WITNESSETH:
WHEREAS, the CITY is the o�ner of certain real estate ad}oining the Mississippi River
commonly known as Haniet Island � contains a"Lower Hazbor" outlined by a black dashed
line on attached Exhibit A and "Upper Hazbor" outlined by a black dashed line on attached
Exhibit B; and
WHEREAS, the CITY as Lessor, and the SPYC entered into a certain Lease Agreement
dated June i, 1992 whereby the SPYC was granted the right to operate a marina facility on said
Lower and Upper Hazbors of Harriet Island ("Marina Premises"); and
WHEREAS, since June l, 1992 certain changes have occurred and aze underway which
wiil enhance Harriet Island as a recreational facility which precipitates a new Lease Agreement
between the Parties to accommodate the changes to Harriet Island; and
WHEI2EAS, 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
June i, 1992.
STATEMENT OF PURPOSES
PARTIES acknowledge and confirm:
Both Parties desire to provide safe and affordabie boating to the public at Harriet Island
and have worked cooperatively to accomplish this objective at Harriet Island since 1912;
and
1.�USERS1BYfWE\COLEAIAN�LEASE\councili February]2,1999
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Both Parties desire to use Harriet Island park area as efficiently as possible, be
em�ironmentally sensitive and to maintain an aestheticaliy beautiful public attraction; and
The CITY is under title restriction on Harriet Island limiting the use of the land for
certain permitted recreational uses; and
The CITY has been issued certain permits for the operation of a marina facility on Marina
Premises of Harriet Island; 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 boatine, docking and boat storage for the citizens of Saint Paul; and
The PARTIES belie��e 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 erm. The initial term of this Lease shall be for fifteen (I S) years ("Initial Lease Term"),
commencing on the first day of the month immediately following the execution of this
Lease Agreement. By way of example, if Lease Agreement is signed on the 10"' of
September, the "Commencement Date" shall be October 1.
/ �0� 'ee.�S
2.2 Renewal O tin ons• The SP�C and the CITY may extend this Lease Aereement for
successive o�tions of � each which will automaticallv renew (`Bxtended
Lease Term"1 un]ess the SPYC andior CITY notifies the other in writing of its intent not
to renew the Lease Aareement at least twelve months prior to the exniration of the then
current term.
�� „
_ ,
:-'--'-"----'---. All terms and condiUons of this Lease Agreement applicable to
the Initial Lease Term shall remain in effect for the E�ctended Lease Term�, except to
the extent otherwise agreed by the parties in writing.
- - - � - - --- --- - - - -- --- - -
- - -- - - - -- - - - • - - - - -
- � -
2.4 The Lease Agreement between the CITY and SPYC dated June 1, 1992, under which
SPYC has leased certain Marina Premises from the CITY, is hereby rescinded, effective
upon the Commencement Date of this Lease Agreement. All claims arising under such
1992 Leass are hereby extinguished as between the parties herein upon the
Commencement Date of this Lease Agreement.
'Z I'\USFRS�BYR7�'E�COLEMANII,EASElcouncill February 12, ]999
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III
MARIl�'A PREMISES DEFINED
3.1 Marina Premises include areas commonly referred to as the lo�-er and upper hazbors of
Harriet Island Regional Pazk as illustrated in E�ibits A and B.
3.2 The Marina Premises remain public spaces, howe��er, the public's access to certain azeas
may be prohibited for reasons of public safety and basic security concems. The SPYC
shall, prohibit general public access to its dockin� azeas (indicated by blue lines on
Exhibits A and B) and maintenance compound (indicated by red lines on Exhibit B).
33 Public access to the azea designated for boat storage (indicated by green lines on E�chibit
B) shall also be restricted or limited for reasons of pubiic safety when boats are being
stored, transported or otherwise present. In azeas where boais are not stored and at times
of the year when boats are not being stored public access will not be impeded and the
azea will be available for use for managed parking for special events as well as general
park use. The CITY retains the riaht to direct, from time to time, the SPYC as to which
specific areas w�ithin the boat storase area shall be open for general public access,
provided that any such direction shali meet the need for safe and secure boat storage.
3.4 The CITY will work in good faith to make available an additional one-half (.5) of an acre
of land that is contiguous to the azea defined in exhibit B(upper harbor) for the purpose
expanding the Marina Premises. The CITY will make this additional azea available for
SPYC use on or before October 1, 2001, 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 title restrictions. Such
additional land shall be subject to the terzns and conditions of this Lease Agreement as
part of the Marina Premises, specifically the boat storage area on Exhibit B, which shall
be re-drawn to reflect the inclusion. The CITY affirms that the property adjacent to the
Upper Hazbor on the upsueam side as shown on Exhibit B is owned by the City, is not
subject to title restriction ot er than anv already of record and is the preferred site for the
expansion referenced herein.
3.5 The SPYC is aware of the CITY's plans to make future improvements and modifications
to the upper harbor Marina Premises as part of a larger redevelopment of Haniet
Island/Lilydale Regional Pazk and acknowledges that such a redevelopment may invoive
a reconfiguration of the dimensions and layout of the on-land Marina Premises as they are
iilustrated in Exhibit B. In the event that an azea is reconfigured, the CITY will make
land that may be a combination of the park land that is occupied by the SPYC at the tnne
when said reconfiguration is initiated and adjacent public park land in substantially the
same azea available to the SPYC to be used for the purposes of boat storage and its
maintenance compound in amounts equal to the lands that aze availabie to the SPYC at
the !ime any such reconfiguration is initiated (as shown on the existing or a future
S:IUSERSIBYRNE�COLF1vL1N�LEASEkouncill FeMuary ]2, 1999
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modif:cation to Exhibit B). Tl�e CITY �aill work with the SPYC in pla�ining and
initiating any reconfiRuration. Ifthe Mazina Premises are reconfigured at any time,
Ea:hibit B will be re-drawn to reflect the changes. This clause is independent of 3.4, and
therefore does not in way excuse or substitute for the CITY's obligations contained
therein. The 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 title restrictions. Land w�hich is included within the Marina Premises under
the terms of this paragraph shall be subject to the terms and conditions of this Lease
Agreement.
3.6 All park lands (including pazking azeas) other than those defined as Marina Premises are
not govemed in any «�ay, implied or otherwise, by this Lease Agreement and remain
under the sole control and jurisdiction of the CITY.
3.7 Both Parties acknow�ledge that the CITY's future plans for Harriet IslandlLilydale
Regional I'azk include a proposed bicyclefpedestrian path along the river's edge; and that
a bridge is contemplated to span the entrance of the Upper Harbor entrance to the upper
harbor as it connects the Harriet Island path with those upstream towards Lilydale.
Currently, this path is proposed to pass through azeas indicated on Exhibit B as Marina
Premises. The CITY agrees to work with the SPYC in making provisions so that the
proposed bridge is designed and built to protect the operational functions of the Mazina
Premises, specifically so that it w�ili not interfere with regulaz access by boats moving in
and out of the upper harbor.
3.8 The area designated for boat storage includes lands above a storm sewer line that is
maintained by the CITY. If the CITY determines in its discretion that maintenance or
other work is required on such line or sewer facilities, the SPYC shail move all boats and
other equipment specified by the CITY witlun a reasonable 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 w�ithin exis6ng park lands, but shali incur no financial
obligation for moving such boais and equipment. No improvements or immovable
fixtures shall be constructed or placed by SPYC in any location that would interfere with
repair, replacement, maintenance or other work of such sewer line or related facilities.
SPYC shali be obiigated to consult with the CITY before constructing any improvements
or fixtures over or neaz such sewer line. An iunprovement for the purpase of this
paragraph and this Lease Agreement shall be a permanent addition to or permanent
betterment of real properiy that enhances its capital value, and does not include ordinary
repairs or maintenance.
IV
PERMITTED USE
4.1 The SPYC shail have the exclusive privilege of operating a marina facility on Marina
Premises; and to generally cany on and engage in normal activities which aze incidental
to the operation of the marina.
.[; I:\USERS�BYRNEICOLEMANIL.EASEkouncJ] February ]2, J999
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4.2 The SPYC may enga�e in activities including but not ]imited to slip rental. launching,
hauling and winter stora�e of boats, sale of fuel and marine supplies and repairs.
43 The SPYC may not operate or engage in activities related to a commercial repair garage
nor may it act as a boat dealership or brokerage.
V
RENT
5.1 The SPYC shall pay as "Rent" an amount equal to twelve and one-half percent (12.�%) of
gross revenues recei��ed by SPYC from summer and winter dockage and storage fees, less
the credit, if any, allowed pursuant to pazagraph 5.6 of this Lease Agreement. Any unused
po*tion of such credit, if any, shall not be carried over from calendaz year to calendar
year.
5.1.1 Notwithstanding the foregoin� 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:
Yeazs 1-10 $24,000
Yeazs 10-15 A sum equal to the five year average of rents
(without reduction for credits under paragraphs 5
and 5.6) paid in yeazs 6-10 of the Initial Lease
Term.
Extended Lease Term A sum equal to the five year average of rents
(without reduction for credits under paragraphs 5
and 5.6) paid in yeazs 10-15 of the Initial Lease
Term.
The minimum fee will be payable in two instailments on June 1 and December 15
of each yeaz, 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 current discounting leveis of $200 for dockage rates and $100
for winter storage rates unless it receives written approval from the CITY. e term
°discount" includes anv 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 fi8een (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
financial operations. The audit shail be performed in accordance with generally accepted
accounting principies and shall show all revenues received and expenses paid for the
SPYC's operations for the previous yeaz. The SPYC shall provide the CITY with a copy
of its annual audit no later than Apri] 15 of the next yeaz following the audit.
C\USERSIBYRNEICOLEMlil�LEASEkouncill February 1?, 1999
98-l�
5.� If an audit for the preceding ��ear shall show a variance between the amount actually paid
and that which is due, that amount shall be either paid to the CITY by the SPYC no later
than Aprii 15�' of the next yeaz following the audit period if an additional amount is due;
or the SPYC shall be entitied to a credit against Rent to be deducted from the next
pa}�ment due the CITY if an overpa}�ment was made. Provided, however, that if the
Lease Agreement expires or is terminated and the audit shall determine an oveipayment
the fmal year, the SPYC shall be entitled to a refund from the CITY for overpayment of
Rent. In the case of underpa}°ment, the SPYC will pay the CITY the amount ofthe
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 pazk azea (where the CITY has the
primary responsibility). If the CITY specifically consents in writing to the estimate and
plans for such work or project submitted by SPYC, the SPYC shall be entitled to a credit
against its annual Rent payment under paragraph 5.1 of this Lease 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 year unless the SPYC receives written
approval from the CITY for such canyover. 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 at large is purely
incidental.
VI
CONSENT TO IMPROVEMENTS
6.1 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
coasent of the City. The Ciry may require such information to be supplied by SPYC as
will enable the City to detemvne whether to consent to any proposed improvements or
immovable fixtures.
6.2 The SPYC shall undertake no reconstruction, alterations, repairs or replacements of
existing improvements, fixtures, facilities or equipment on or in the Marina Premises,
which causes or constitutes a permanent change in the CITY properiy underlying the
Marina Premises or adjacent to it, thereto, without the written consent of the City.
63 An ityprovement for the purpose of paragraphs 6.1 and 6.2 shall be a permanent addition
to or permanent betterment of real properry that enhances its capital value, and does not
include ordinary repairs or maintenance.
6.4 T'he CITY's response to a request for consent under paragraphs 6.1 and 6.2 shall be given
in a re?sonable rime. The consent of the CITY to a request under para�h 6 2 shall not
be unreasonably withheld.
I:\USERSIBYRNEICOLEMAN�LEA$Elcouncill February ]2, ]999
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VII
COVENANTS AND UNDERTAKING
7.1 The Parties covenant, agree and ackno�� that each shall provide the foilowing
equipment and services:
71.1 The CITY shall provide and maintain a travel lift well and the SPYC shall
provide, operate and maintain the travel lifr.
7.1.2 The CITY shall periodically inspect the marina facility and inform die SPYC in
writing of any conditions requiring attention as may be required to comply with
the obligations under Lease Agreement.
7.1.3 The SPYC shall undertake no major improvements, construction or 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�ibit B. Winter storage shall be available to SPYC slip holders
only. The SPYC may, if agreed to and authorized by the written approval by the
CITY, store boats other than those of its siip 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 pazagraph 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 wnll keep the area designated for boat storage cleaz of boats and other
equipment in order to make it available for other uses during the period beginning
June iQ and ending September 10 of each yeaz. Any SPYC boats that are required
to be on land for maintenance purposes or that ate otherwise not in the harbors
duting 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 shali be completed by SPYC representarives in instances where accidents
on or neaz the Marina Premises azs reported to or witnessed by SPYC
representatives. The SPYC shall deliver completed reports to the CITY within
five working (5) days following an accident on or neaz the Marina Premises.
7.1.7 The SPYC hereby agrees to defend, indemnify and hold the CITY and any of its
o�cers, agents and employees hazmless from any claims, damages, or causes of
I:IUSERS�BYtWE�COLEMANILFASEIcouncill February ]2, l999
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action arisin� from the use and operations of Marina Premises by SPYC, its
agents, officers, or emplo}�ees. The SPYC shall provide at its o�� n cost and
expense, liability insurance naming the CITY as an additional insured thereon.
Insurance shall cover injury to persons or property in an amount not less than the
limits of the CITY's liability as set forth in Minn. Stat. §466.01 et seq (cunently
$300,000 indi��idual, $7�0,000 a�gregate, ��ith the agQ.,,regate limit increasing to
$1,000,000 on January i, 2000). SPYC shall provide evidence of such coverage
to the CITY annually. Nothin� 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 full force and
effect at ali 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 o�med by the SPYC, unless furnished as
an improvement or immo�•able fixture on the Marina Premises, shall alw�ays
remain the property of the SPYC unless othenvise agreed to in wTiting by the
Parties (i.e. docks, lifrs, trailers, temporary buildings, blocking, stands, spuds,
above ground gas tanks and piping, and tools and equipment). Present and future
items provided by the SPYC as such improvements or immovable fixtures (i.e.
pilings, dolphins, utility fi�tures, and below ground tanks and lines) shall remain
as such on the Mazina Premises.
7.1.9 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 Public Dock in accordance with the provisions found
in Exhibit C.
7.1.11 This Lease Agreement does not exempt the SPYC or its members from pazk rules
and regulations, except as may be provided elsewhere in this Agreement
7.1.12 The SPYC may neither operate nor commission the operation of vending
machines that aze located on premises visibie to and/or accessible by the general
public without the consent and written authorization of the CITY.
7.1.13 fihat 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 Parks and Recreation, Fire Chief, Police Chief
or other City officiai 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 expenses due to this
ter.:porary relocation.
I �USERSIBYRNE\COLEMAN�LEASEkouncil7 Febrvary ]2, 1999
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7.2 The SPYC specifically covenanu and agrees;
7:L.1 To maintain Marina Premises in a safe, clean and orderly condition.
7.2.2 To inspect ali docks on a regular basis to insure that they are in a safe condition.
The SPYC shall repair an}� conditions that cause the docks to be unsafe as soon as
possible.
7.2.3 To keep the Marina Premises free of litter and accumulated trash. Cleanup of the
site shall be accomplished on a twice-weekly basis.
7.2.4 To store all equipment and other materials present on the Matina premises in an
orderly manner so that the appeazance of the facility is clean and organized.
�.2.5 To cut the grass and maintain the immediate banks of Mississippi Ri��er to the
waterline adjacent to A4azina Premises, marina parking areas and boat storage
areas as defined in Exhibit A and B. Tree maintenance and removai will remain
the responsibility of the CITY.
'7.2.6 To provide an adequate number of trash receptacles in hazbors of Mazina Premises
to accommodate debris generated by boat owners and their visitors 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 adequate lighting for docks in both hazbors.
7.2.9 To install public telephones accessible to boaters and visitors to the marina in
each hazbor.
7.2.10 To furnish temporary dockage for transient boaters visiting Saint Paul and
seasonal dockage for approved applicants and SPYC members.
7.2.11 To futnish a mininmm of 150 and a maximum of 175 boat slips as deternuned by
the SPYC . The ma�cimum 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
hazbors around Harriet Isiand or adjacent land. Marina leaseholders with
approved dockage may engage in minor boat repair to their watercraft in the
marina, however any major boat repair work must be approved by the SPYC.
9 I:\USERS�BYANE\COLEWANLLFASEICOUnciI1 February 1?, 1999
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7.2.13 To engage in dock construction, painting, sandblasting in order to paint welding,
carpentry and other maintenance acti� incidental to operating a marina. The
SPYC and the CITY shall jointly determine an azea where this �+-ork may occur.
In addition, the SPYC shall provide a w�eather proof buildin� to facilitate this
work to be located as a�reed to between the CITY and the SPYC.
7.2.14 To cooperate �� and pro� ide such facilities that aze necessary and appropriate
for CITY's Fire Departrnent Harbor Patrol, U.S. Coast Guard, Coast Guard
Auxiliary and Ramsey County Sheriff Water Patrol.
7:?.15 To maintain and use a mazina 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 responsible for the day to day maintenance of the tank to keep it in good
operating condition. The SPYC shall provide gasoline for sa]e to the boaters
during regular hours durin� the boating season and by prior appointment. The
SPXC shall be responsible for any spill or damage to land adjacent to the tanks
and/or any subsoil cieanup ordered by appropriate authorities.
7.2.16 That the SPYC shall provide the CITY with a copy of all agreements or contracts
between the SPYC and any party who will 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 at that location, or allow any of its membership to temporarily or
permanently conduct retail or commercial transactions within the mazina harbors.
This does not preclude slip holders from entertaining guests, nor does it prohibit
slip holders from conducting personal business or work retated to their
employment while on their boat.
7.2.18 To designate safe pazking ueas for automobiles in the westernmost Upper Harbor
pazking lot while the SPYC is moving boats.
7.2.19 To provide a pump out facility for all boaters use during regulaz hours of the
normal boating season.
7.2.20 To remove ail marina boaters' and visitors' discarded materials, parts and various
debris to maintain the boat storage, work and pazking area in a clean and good
condition in both harbors aii on a twice-weekiy basis.
7.2.21 To conform to City, State and Federal safety, health, accessibility and
10 1:\USERSIBYRNEIWLEMANILEASFwuncill February 12, 1999
98-103�
environmental la��s and to cooperate ���ith the appropriate agencies to achie��e
such objecti��es.
7.2.22 To comply u State and Federal fair employment practice laws prohibiting
discriminarion on the basis of an applicant's age, sex, race or physical status. This
aiso applies to persons seeking membership in the SPYC.
7.2.23 To use the SPYC policy (exlvbit D) which has been approved by the CITY, that
sets up criteria for slip assignments at the Marina. Fur[her, it is understood that
residents of the City of Saint Paul on the waiting list by January I S` of each year
shall be offered slips at the Marina each yeaz before slips are offered to non-Saint
Paul residents on the waiting list: Pending the Saint Paul applicant meeting other
slip assignment requirements.
7.2.24 The SPYC w711 annually furnish the CITY w�ith a roster of its Board Members and
Lease Holders prior to June i of each year of this Agreement.
7.2.25 To furnish the CITY with its proposed rates, including any related discounting,
for dockage, storage and other services on or before March 1�' of each calendar
year. The CITY shall have the right to approve or disapprove of these rates and
discounts. The CITY shall not act azbitrarily or unreasonabiy withhold its
approval of the SPYC proposed rate or discounting structure. If the CTTY 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.
,'.2.26 The SPYC agrees that its ability to perform and fulfill all of its obligations under
this Agreement shall not be hindered or delayed by the advent of the yeaz 2000
and that it has made ail reasonabie, diligent and affirmative efforts to insure the
same. SPYC speci8cally agrees that, in addition to all other indemnifications
obiigations undertaken pursuant to this Agreement, it will also indemnify the
City, its offacers, employees or agents, from all suits, actions or ciaims whether
brought by the City or by third parties, in any way related to the advent of the year
2000 causing failure to carry out the terms of this Agreement.
7.2.27 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 Was[es, in, into, on, over or adjacent to the Marina Premises or the
Mississippi River, and that it shali take reasonable steps to prevent all members,
guests, transient boaters and other users of the Marina 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 this Lease Agreement. The SPYC shall also comply
with ali applicable federal, state and ]ocal laws and regulations, including City
i l I:WSERS�SYRNt1COLEMAN�I.EASEkouncill Febtuary 12,1999
%8-/a3�'
oruinances, relating to the control, handiina, 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 Controi Agency Fact Sheet
#4.24 Managing Marina ��'aste , published April 8, 1996, as a�eneral guideline
for its operations and shall work with its membership and slipholders to achieve
compliance ��ith the guidelines in said Fact Sheet. The SPYC v.ill incorporate
funue updates of the Fact Sheet, when published by the MPCA, as guidelines for its
operation, ���hen said future updates aze a��ailable and known.
7.2.28 Hazardous R�astes, for the purpose of paragraph 7.2.27 above, shall be and include
all dan�erous, toxic or hazardous contaminants, poliutants, chemical wastes or
substances as defined in applicable federal, state or local laws or regulations, as those
may be amended from time to time.
73 The CITY specifically covenants and agrees:
73.1 To provide material and supplies in such amounts and quantities as the CITY shall
determine adequate for trees, shrubs, benches, signage, portable toilets, asphalt,
gravel, grass, snow remo��al, police security, security fences, lighting and fire and
emergency services.
7.3.2 To provide elechical, telephone, water, sewer (to be available sometime in 1494) and
natural gas service on the leased premises with available access for instaliation and
hook up of marina faciIities The SPYC is responsible for payment of ali related bills
based on its usage and consumption of said utilities for the duration of this
Agreement.
7.?3 To maintain pazking within Harriet Isiand Regional Park that serves the marina
premises as weil as other azeas and attractions within the pazk. The CITY wi11
maintain access thereto for boat owners at all rimes, including during special events,
and properly inform the SPYC of any event that could hamper in any way access to
the ]eased premises. The CITY will develop and administer a pazking 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.
7.3.4 To allow up to 175 slips for dockage, including 25 slips for yeaz round live aboard
usage.
7.3.5 To maintain the appropriate pemuts 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 pernuts to the SPYC for the duration of this lease. The CITY shall provide
copies of all such permits to the SPYC.
] z I:\USERS�BYRNE�COLEMAN�LEASE�couneil] Febmary 12, 1999
g8�1o3�
7.3.6 To give the SPYC prior notification of and pro��ide for consultation v,�ith the SPYC
concerning and CITY projects w•hich may affect the normal operations of the SPYC,
increase the SPYC's expenses, or cause a loss of revenue to the SPYC.
VIII
AD?�4INISTR.ATION
8.1 For the purpose of the administration of this Lease Agreement, the CITY's representati��e
shall be the Superintendent of Parks 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 terminated at any time by mutual assent of the Parties.
9.2 In thP event that either party fails to perform any of the terms or conditions 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 cvritten
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
terminate this Lease Agreement in its entirety.
9.3 In the event any provision contained in this Agreement should be breached by either party
and said breach thereafter waived by the other party, such waiver shall be limited to the
particulaz breach so waived and shail not be deemed to waive any other breach hereunder.
9.4 That neither Party will make any claim and waives any right against the other Party on
account of any loss or dan�age caused by acts of God, such as fire, water, windstorm, floods,
freezing, gas; e}ee�i�� war, civil unrest and other acts of God affecting the leasehold
property in connection with its operation. T'he minimum rent specified in pazagraph 5.1.1
of this agreement shail be abated in any period during which the SPYC's operations aze
halted on account of such acts of God as described within this paragraph.
9.5 No remedy herein confened 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 shail be in addition to every other remedy given under this
Agreement or now or hereafter existing at law or in equity or by statute. No delay or
omission to exercise any right or power accruing 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
exerci� d from time to time and as often as may be deemed expedient.
13 1 :\USERSIBYRNFCOLEMAN11,EqSE�councill Febmary 12, 1999
q8-�a3�
9.ti No provision in this Agreement shall preclude the CITY from exercising its lawful po�3er
of eminent domain o��er the leasehold estate estabiished herein, or any part thereof, provided
that any exercise of said power shall be in accordance wlth all statutory and constitutional
requirements pertaining thereto.
9.7 This Lease Agreement shall be construed under the laws of the State of Minnesota; and if
any provision or portion thereof, or ihe application thereof to any person or circumstances
shalt, to any eaKent, be invalid or unenforceable, the remainder of this Lease Agreement sha11
not be affected thereby, and each provision of this Lease Agreement shall be valid and
enforceable to the fullest eartent provided by law.
X
NOTICES
10.1 Any notice, statements, bills or communications provided for herein shall be deemed
sufficiently given or rendered if in �riting and either delivered to the other Party personally
or sent by certified mail address to the other return-receipt postage prepaid as follows:
AS TO CITY - Superintendent of Parks and Recreation
City of Saint Paul
300 City Hall Annex
25 W. 4`" Street
Saint Paul, MN 55102
AS TO SPYC - Commodore, St. Paul Yacht Club
Harriet Island
140 Yacht Ciub Road #B 1
Saint Paul, MN 55107-2�30
or 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 time when the same is actually
delivered to the other Party.
XI
MISCELLANEOUS
I 1.1 Cantions and Heading� The caprions and headings used herein are intended only for the
convenience of the reference and are not to be used in construing ihis Lease.
11.2. Entire Aareement. This Lease Agreement constitutes the full and compiete agreement
between the Parties hereto and there aze no other terms, obligations, covenants,
representations, warranties or conditions other than contained herein.
]!} 1:1USERSlBYItNE\COLEMAN�I,EpSEkouncill February I2, 1999
� g^/o3�
IN WITNESS HEREOF, the Parties have caused this Lease Agreement to be executed and
delivered in 3upiicate as of the date appearing on pa�e one hereof.
APPROVED AS TO FORM: CITY OF SAINT PAUL:
City Attorney
Mayor, City of Saint Paui
Superintendent of Parks and Recreataon
Financial Services D'uector
SAINT PAUL YACHT CLi3B:
Commodore
15 I:\USERS\BYRNEICOLEMANILEASflw�mciil February ]2, 7999
�$-/D3�
Eshibit C
(Criteria goveming the management and use of the Pubiic Dock)
I1 Transient Boats The Public Dock will not function as competition for the SPYC uansient boat
business. Ovemighting boats will be ]ocated in the marina harbors whenever
possible. Ovemighting boaters that aze registered ovemight guests at the
floating bed & breakfast will be permitted to overnight their boats on the
Pubiic Dock
In the event that a transient boat must overnight on the dock (late arrivais, full
hazbors), it wil] be pemutted on the outside edge of the dock only.
The SPYC wi11 retain ali transient fees that it collects.
21 Use of the Boats that may tie-up to the inside of the dock wi11 be limited to those of
Inside of Dock a maximum width of 10 feet (see attached illustration). Larger boats may tie
up to the outside of the dock only.
Ovemighting in most cases wiil be limited to the outside of the dock. This
is to avoid navigational conflicts with the neighboring SPYC dock.
3, Locating Facilities The CITI' will not locate a restaurant or other public facility along the inside
edge of the dock other than in the azea beginning from where the dock meets
the shore to the point where the inside edge of the dock first drops to a lower
tier (see attached illustration).
The City will limit the width of facilities to be located within this defined
area to a maximum of 34 feet. This is to minimize potential navigational
conflicts with boats located along the neighboring SPYC dock.
The potential location of any facility along the ouuide edge of the dock is not
affected by these criteria.
4 Si n The CITI' wiil post signage reflecting the previous information as well as
dock hours (not to exceed pazk hours), reporting procedures for transients,
etc.
The CITY wiil work with the SPYC in developing and locating signage.
].6 1:1USERS�BYRNEICOLEMANV.EA6Ekouncill February 12,1999
qr-b�
DEPAftTNENT/OFFICE/COVNCIL DA7EINRIATED GREEN SHEET NO. 2746
Parks and Recreation 11
CONTACC PERSON AND PHONE INITIAUDASE MRIALIDA
Vic Wittgenstein (226-6409) � 1 OEPARTMENTDIflECTOR 4 crtvcouNCa
NUMBER Po ? Cf1Y ATTORNEY CffY CLERK
MUST BE ON COUNQL AGENDA BY I�A7EI ���NG
OppER FINANCIAL SERVICES DIR. FfianCtel SeN/aCCt
1 1-18-98 3 MAYOR IOft ASSISlA 5 Parks & Recreaeon
TOTAL Y OF SIGNATUFiE PAGES (GI.� ALL LOCATIONS PoR SIGNA7Ui�) �
ACTION REQUESTEO:
Authorizing City Officials and staff to enter into Lease Agreement with the Saint Paul Yacht Club (SPYC) that will
supersede an Agreement between the same parties dated June, 7 992.
RECOMMEN�ATIONS: Approve(AlorRe�ectlR) pEHSONALSERVICECONTRACTSMU5TIW5WEHTHEFOLLOWPIGQUESiIONS:
PLANNING GOMMISSION CIVIL SERVIGE COMMISSION
— — 1. Mas this person/firm ever worked untler a conhac[ Por [his departmenV
CIB COMMffiEE _ VES NO
Q STAFF 2. Has this peraon/firm ever bem a ciry employee?
DISTRICTCOUNCIL YES NO
— — 3. Does this person/firm possess a skill not normally possessed by any cument city employee>
SVPPORTS WHICH COUNCIL OBJECTIVE? yES NO
. Evplain all yes a�uwen on separate aheet and attach [o green sheet.
INITIATING PROBLEM, ISSUE, OPPORTUNIN IWho, Wha[, When, Where, Whyl:
In 1992, the Saint Paul Yacht Club (SPYC) entered into has a Lease Agreement with the City to operate a marina at
Harrfet Island. The redevelopment of Harriet Island requires that SPYC facilities are moved within the park and
precipitates a new Agreement.
ADVANTAGESIFqpPROVED: V
The 1992 agreement between the SPYC and the City will be revised to reflect changes being made to accommodate the
redevelopment of Harriet Island. Services to the public will not be unduly disrupted.
DISADVANTAGESIFAPPROVED:
None �' "� �'c. �,�Ta.,�
���:� ��� �: ; E: �.
g<��'� ' E, ����
DISADVANTAGES IF NOTAPPROVED:
The previous agreement with the SPYC will remain in effect and the redevelopment of Harriet Island Regional Park may
be delayed.
TOTAL AMOUNT OF TRANSACTION S 12.5% af SPYC revenues COST/itEVENUE BUDGEiED (C6tIXE ON� YES NO
wxoe�csouRCe Soecial Fund 325 ACTIVf1YNUM� 23123
FINANCIAL INFOftMATION: �EXPLAINI
O�IGINAL
Presented By
Re£erred to
�
Committe`: Date
i WHEREAS, the City has a Lease Agreement with the Saint P ul Yacht Club
2 (SPYC) that allows them to operate a marina at Harriet Island Re onal Park, and
3 WHEREAS, the redevelopment of Harriet Island Regio al Park includes the
4 relocation of SPYC facilities within the park and precipitates hat a new Lease
s Agreement between the City and the SPYC is executed i order to accommodate the
5 changes, and
� WHEREAS, the existence of the marina
a offering them a range of recreational opportuni
9 that the SPYC has continuously provided at H<
Council File # � ��
Green Sheet # �a�1 y�
3a
;�ts the citizens of the City by
�lated to boating. Opportunities
Island since 1912, and
io WHEREAS, the execution of this Lea Agreement between the City and the
il SPYC will supersede the previous Lease reement.
12 NOW, THEREFORE, BE IT RE LVED, that proper City officials and staff are
13 hereby directed and authorized to en r into the attached lease agreement with the
i4 Saint Paul Yacht Club. ana
BE IT FURTHER RESOLVED, t at the Citv Council requests Parks and Recreation ataff
on the followin specific
em an em
Yeas Nays Absent
Blakey
Coleman_
Harris
Lantry
Reiter
Adopted by
Adoption �C�
By
�
. Date
ied by Council Secretary
Approved by Mayor: Date:
By
I �
t
m� ���� �
t=�o . lo � �`Cq°j
RESOLUTION
fY.6F/3'AINT PAUL M�NNES07A
Requested by:
D' is�"I�arks and RecrE3tion
��BY� T
4
Form Approved by City Attorney
98-/0 38
��e�.�� v ��s���,
���o���
This Lease, effective as of
LEASE AGREEMENT
1999 by and between:
CITY OF SAINT PALJL, hereinafter called `CITY"
and
SAINT PALTL YACHT CLUB, INC., hereinafter called
hereinafter jointly called 'Parties", and also individually called
WITNESSETH.
/
/
�$-�03�
WITEREAS, the CITY is the owner of certain real estate.�djoining the Mississippi River
commonly known as Harriet Island which contains a"Lower aibor" outlined by a black dashed
line on attached Exhibit A and "Upper Harbor" outlined by a lack dashed line on attached
E�ibit B; and
WfIEREAS, the CITY as Lessor, and the SPY entered into a certain Lease Agreement
dated 3une 1, 1992 wbereby tbe SPYC was granted t e ri�ht to operate a marina facility on said
Lower and Upper Harbors of Harriet Island ("Mari, a Premises"); and
WHEREAS, since June 1, 1992 certain anges have occurred and are underway which
will enhance Harriet Island as a recreational f cility which precipitates a new Lease Agreement
between the Parties to accommodate the c ges Co Harriet Island; and
WHEREAS, the Parties believe t is in their mutual best interest to enter the within Lease
Agreement for Marina Premises whi will replace and supersede the Lease Agreement dated
June 1, 1992_
I
STATEMENT OF PURPOSES
PARTIES acknowledge
Both Parties
and have w�
and �
confirm:
e to provide safe and affordable boating to the public at Harriet Island
cooperatively to accomplish this objective at Harriet Island since 1912;
1
� • I :
Both Parties desire to use Harriet Island park area as efficiently as possible, be
environmentally sensitive and to maintain an aesthetically beautiful public attraction; and
The CITY is under title restriction on Harriet Island limitin� the use of the land for
certain pemutted recreaUonal uses; and ;
The CITY has been issued certain permits for the operation of a marina facility on Marina
Premises of Harriet Island; and /
The SPYC has occupied Harriet Island since 1912, during which time the �'t'YC has
continually satis&ed the public recreational use criteria by providing publ' access for
recreational boating, dockin� and boat stora�e for the citizens of Saint aul; and
The PARTIES believe it is iti the best interest of the public for the y S�'YC to continue to
operate a marina facility on Marina Premises of Harriet lsland �
II
TERM
2,1 The term of tlus Lease shall be for fifteen (15) yeass ("I tial Lease Term"), commencing
on the first day of the month immediately following t execution of this Lease
Agreement. By way of example, if Lease Agreeme is signed on the 10"' of September,
the "Conunencement Date" shall be October I.
2.2 This Lease Agreement may be renewed by th mutual assent of the parties for an
addiTional ten (10) year term ("Extended Le se Term"), at the expiration of the Initial
Lease Term. The CITY may not unreaso ably or arbitrarily withhold its assent for an
extended lease term. All terms and con tions of This Lease Agreement applicable to the
Initial Lease Term shall remain in eff t for the Extended Lease Term, except to the
eatent otherwise agreed by the parti s in writing.
23 I£neithei the SPYC nor the CIT provides written notice to the oTher party of its intent
not to renew the Lease An ee ent prior to March 1, 2012, the Iease agreement will be
automatically renewed for th 10 year Extended Lease Term.
2.4 The Lease Agreement 6e een the CITY and SPYC dated June 1, 1992, under which
SPYC has leased certai Mazina Premises from the CITY, is hereby rescinded, effective
upon the Commence ent Date of this Lease A�reement. All claims arising under such
1992 Lease are her y extinguished as between the parties herein upon the
Commencement ate of tlus Lease Agreement.
18-� °
III
y1ARINA PREMISES DEFINED
3,1 Marina Premises include areas commonly referred to as the lower and upper harbors of,
Harriet Island Regional Park as illustrated in Exhibits A and B.
32 The Marina Premises remain public spaces, however, the pub(ic's access to certain areas
may be prohibited for reasons of public safety and basic security concerns. TheiSPYC
shall, prohibit �eneral public access to its dockin� areas (indicated by blue line�on
E�ibits A and B) and maintenance compound (indicated by red lines on E�ubit B).
33 Public access to the area designated for boat storage (indicated by green ines on Exhibit
B) sha11 also be restricted or limited for reasons of public safety when oats are being
stored, transported or otherwise present. In areas where boats are n stored and at times
of the year when boats are not being stored, public access will not e impeded and the
area will be available for use for managed parkina for special eve ts as well as general
park use. The CITY retains the ri�ht to direct, from time to ti e, the SPYC as to which
specific areas within the boat storage area shall be open for g eral public access,
provided that any such direction shall meet the need for saf and secure boat storage.
3.4 The CITY will work in good faith to make available
of land that is contiguous Y.o the azea defined in
expanding the Marina Premises. The CITY wi11
SPYC use on or before October 1, 2001, provic
does not obli�ate the City to acquire any pr
nor to vary or infringe any terms or conditi�
additional land sha11 be subject to the terms
part of the Marina Premises, specifica113� t
be re-drawn to reflect the inclusion. Th�
Upper Harbor on the upstream side as ho�
subject to title restriction and is the referra
3.5 The SPYC is aware of the i
to the upper harbor Marina
IslandlLilydale Regional Pa
a reconfiguration of the din
n dditional one-half (.5} of an acre
(upper harbor) for the purpose
this additional area available for
% however, that foregoing requirement
or site by purchase or eminent domain,
�osed by title restrictions. Such
rfid conditions of this Lease Agreement as
boat storage area on Exhibit B, which shall
TY affirms that the property adjacent to the
n on Exhibit B is owned by the City, is not
i site for the expansion referenced herein.
plans to make future improvements and modifications
as as part of a lazger redevelopment of Harriet
acknowledges that such a redevelopment may involve
s and layout of the on-land Marina Premises as they are
illustrated in Exhibit B. I the event that an area is reconfiwred, the CITY will make
land that may be a com nation of the park land that is occupied by the SPYC at the time
when said reconfijur ion is initiated and adjacent public park land in substantially the
same area available the SPYC to be used for the purposes of boat storage and its
maintenance com und in amounts equal to the lands that are available to the SPYC at
the time any suc reconfiwration is initiated (as shown on the existing or a future
modificaCion t Exhibit B). The CITY will work with the SPYC in planning and
yg -
initiating any reconfiguration. If the Marina Premises are reconfiwred at any time,
E�ibit B will be re-drawn to reflect the changes. This clause is independent of 3.4, an
therefore does not in way excuse or substitute for the CITY's obli�ations contained
therein. The fore�oing requuement does not obli�ate the City to acquire any prope or
site by purchase or eminent domain, nor to vary or infrin�e any terms or conditio s
imposed by title restrictions. Land which is included within the Marina Premise under
the terms of this para�raph shall be subject to the terms and conditions of thi ease
A�reement.
3.b All park lands (including parking areas) other than those defined as Ma � a Premises are
not governed in any way, implied or otherwise, by this Lease A�reeme t and remain
under the sole control and jurisdiction of the CITY.
3.7 Both Parties aclmowledge that the CITY's future plans for
Regional Park include a proposed bicycle/pedestrian path a
a bridge is contemplated to span the entrance of the Upper
harbor as it connects the Harriet Island path with those ups
Currently, this path is proposed to pass through azeas indi
Premises. The CITY ab ees to work with the SPYC in a
proposed bridge is designed and built to protect the op ati
Premises, specifically so that it will not interfere with egul�
and out of the upper harbor.
i� e river's edge; and that
or entrance to the upper
;am towards Lilydale.
:d on E�ibit B as Marina
i� provisions so that the
ial functions of the Marina
access by boats moving in
3.8 The area designated for boat starage includes la ds above a storm sewer line that is
maintained by the CITY. If the CITY determi es in its discretion that maintenance or
other work is required on such line or sewer acilities, the SPYC shall move all boats and
other equipment specified by the CITY wi in a reasonable time period as specified by
the CITY. In such an event, the CITY w' 1 assist the 5PYC by identifyittg alternative
areas for temporary boat storage withi existina park lands, but shall incur no financial
obligation for moving such boats and quipment. No improvements or immovable
fi�tures shall be constructed or plac 6y SPYC in any (ocation that would interfere with
repair, replacement, maintenance o other work of such sewer line or reiated facilities
SPYC shall be obligated to cons t with the CITY before constructing any improvements
or fi�tures over or near such se er line. An improvement for the purpose of this
pazagraph and this Lease Agr ement sha11 be a permanent addition to or permanent
betterment of real property at enhances its capital value, and does not include ordinary
repairs or maintenance.
IV
PERIVIITTED USB
4.1 The SPYC shall h e the exclusive privilege of operating a marina facility on Marina
Premises; and to enerally carry on and engage in normal activities which are incidental
to the oneratio of the marina.
c�8-Io38
42
43
V
RENT
5.1 The SPYC shall pay as "Rent" an amount equal to twelve and one-half per ent (12.5%) of
�ross revenues received by SPYC from summer and winter docka�e and torage fees, less
the credit, if any, allowed pursuant to para�raph 5.6 of this Lease Agre ent. Any unused
portion of such credit, if any, shall not be carried over from calendar ar to calendar
year.
5.1.1 Notwithstanding the foregoing or any other term or pr�
A�reement to the contrary except 9 4, SPYC shall pay
the CITY based on the followin� schedule: �
Years 1-10
Years 10-15
Extended Lease Term
>ion of this Lease
annual minimum fee to
$24,000
A sum equal to th five year average of rents
(without reducti n for credits under paragraphs 5.1
and 5.6) paid i years 6-10 ofthe Initial Lease
Term
A sum equ to the five year average of rents
(without r duction for credits under paragraphs 5.1
and 5.6) aid in years 10-15 ofthe Initial Lease
Term.
The minimum fee will be payable
of each yeaz, prorated as and if r�
52
The SPYC may en�age in activities including but not limited to slip rental, launchin�,
haulin� and winter stora�e of boats, sale of fuel and marine supplies and repairs.
The SPYC may not operate or en�a�e in activities related to a commercial repair
nor may it act as a boat dealership or brokera�e.
The SPYC may not increase the
membership status past the currf
for winter storage rates unless it
two installments on June 1 and December 15
�ssary for less than full calendar years.
it offers to its slipholders based on SPYC
znting levels of $200 for dockage rates and $100
written approval from the CITY.
5.3 The CTTY has a right to insp t all books and records pertaining to the operation of the
marina by the SPYC. The TY shall be granted inspection of said books and records by
providing the SPYC with ritten notice, whereby the SPYC shall have fifteen (15) days
to provide such informa 'on to the CITY.
5.4 The SPYC shall reta an external-auditing firm to perform an annual audit of its
financial operation . The audit shall be performed in accordance with generally accepted
accountin� princ les and shall show all revenues received and expenses paid for the
SPYC's opera ons for the previous year. The SPYC shall provide the CITY with a copy
of its annual udit no later than April 15 of the next yeaz following the audit.
� .� • i
SS If an audit for the preceding year shall show a variance between the amount actually paid
and that which is due, that amount shall be either paid to the CTTY by the SPYC no later
than April I S"' of the ne�t yeaz following the audit period if an additional amount is due;
or the SPYC shall be entitled to a credit a�ainst Rent to be deducted from the next
payment due the CITY if an overpayment was made. Provided, however, that if the Lea e
A�reement expires or is temunated and the audit shall determine an overpayment the
final yeaz, the SPYC shall be entitled to a refund from the CITY for overpayment of ent.
In the case of underpayment, 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 pr ects for the
betterment of Marina Premises and Hamet Island park area (where the CI has the
primary responsibility). If the CITY specifically consents in writin� to th estimate and
plans for such work or project submitted by SPYC, the SPYC shall be ntitled to a credit
against its annual Rent payment under paragraph 5. I oFthis Lease Aa eement for such
work performed or such projects undertaken. Credits eamed for t� purpose shall not be
carried over from one year to the following year unless the SPYC eceives written
approval from the CTTY for such carryover. No credit shall be o�ued by the City for any
work or project if such work or project was solely or substanf ly far the benefit of SPYC
or of users of the Marina Premises, or if the benefit to the p lic at large is purely
incidental.
VI
CONSENT TQ
6.1
No improvements or immovable fixtures can be
SPYC on or to the Marina Premises after the C�
consent of the City. The City may require such '
will enable the City to determine whether to�
immovable fixtures.
�, installed, added or constructed by
;ncement Date without the written
nation to be supplied by SPYC as
to any proposed improvements or
6.2 The SPYC shall undertake no reconstru ion, aiterations, repairs or replacements of
existing improvements, fia�tures, faciliE s or equipment on or in the Marina Premises,
which causes �r constitutes a perm nt change in the CITY property underlying the
Marina Premises or adjacent to it, t ereto, without the written consent of the Citp.
63 An improvement for the purpos of para�raphs 6. I and 62 shall be a permanent addition
to ar permanent betterment of eal property that enhances its capital value, and does not
include ordinary repairs or 'ntenance.
6.4 The CITY's response to � request for consent under paragraphs 6.1 and 62 shall be given
in a reasonable time. Tf�e consent of the CITY shall not be unreasonably withheld.
ys �a3$
VII
COVENANTS AND UNDERTAKING
7. I
The Parties covenant, agree and acknowledge that each shall provide the followin�
equipment and services:
7. I.1 The CITY shall provide and maintain a travel lift 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
writing of any conditions requirin� attention as may be required to co
the obligations under Lease Agreement. �
� tn
with
7.1.3 The SPYC shall undertake no major improvements, construction�r alterations to
Marina Premises without the prior review and approval of the C'j�TY.
iter craft on the area
f o SPYC slip holders
written approval by the
a space available basis
boat storage area so that
�t to the obligation of
n under pazagzaph 72.1
of this Lease Agreement. The fore�oing obligat n of the City does not create or
vest in any third party or user of the Marina P emises a right or cause of action
against the City arising out of the condition f the boat storage area.
7.1.5 The SPYC will keep the area designated or boat storage clear of boats and other
equipment in order to make it available or other uses during the period beginning
7une 10 and ending September 10 of ach year Any SPYC boats that are required
to be on land for maintenance purp ses or that are otherwise not in the harbors
during this specified time will be nfined to a portion of the boat storane area as
identified by t}ie SPYC and the TY.
7.1.4 The SPYC shall be permitted to store boats and other
designated on E�ibit B. Winter storage shall be avai
only. The SPYC may, if agreed to and authorized by
CITY, store boats other than those of its slip holders �
The City shall maintain and repair the surFace of the �
it is suitable for the transport and storage of boats, ul
SPYC to maintain the Marina Premises in a saf'e nd-
7.1_6 The CITY shall provide the YC witb the CITY's accident report farms. These
forms shall be completed b SPYC representatives in instances where accidents
on or near the Marina Pr �ses are reported to or witnessed by SPYC
representatives. The SP C shall deliver completed reports to the CITY within
five working (5) days ollowing an accident on or near the Marina Premises.
7. I.7 The SPYC hereby grees to defend, indemnify and hold the CITY and any of its
officers, agents a d employees harmless from any claims, damages, or causes of
action arising fr m the use and operations of Marina Premises by SPYC, its
agents, officer , or employees. The SPYC sha11 provide at its own cost and
7
q8- /03�
expense, liability insurance naming the CITY as an additional insured thereon.
Insurance shall cover injury to persons or property in an amount not less than the
liauts of the CITY's liability as set forth in Minn. StaY. §466_O1 et seq (cunently
$30Q000 individual, $750,000 a��regate, with the a��re�ate limit increasin� to
$1,OOQ000 on January 1, 2000). SPYC shall provide evidence of such covera�e
to the CITY aanually. Nothing in this provision shall be construed in any ma e
as a waiver by the CITY of its statutory limits of liability, immunities or
exceptions. SPYC shall be obligated to maintain such coverage in full force nd
effect at all times that this Lease A�reement is in effect, and failure to do shall
be a breach thereo£ f
7.1.8 All assets present and future paid for and owned by the SPYC,
an improvement or immovable fixture on the Marina Premises,
remain the property of the SPYC unless otherwise agreed to in
Parties (i.e. docks, Iifrs, trailers, temporary buildings, blocking,
above ground gas tanks and piping, and tools and equipment).
items provided by the SPYC as such improvements or immo 1
as
(ting by the
nds, spuds,
;sent and future
fixtures (i.e.
pilings, dolphins, utility fixtures, and below ground tanks lines) shall remain
as such on the Marina Premises.
7.1.9 The SPYC shall act as the primary rental agent for tr sient boaters at Harriet
Island Regional Park All transient fees collected by he SPYC will be retained by
the SPYC.
7.1_10 The CITY will manage the Public Dock in accgfdance with the provisions found
in Exhibit C. /
7.1.11 This Lease Agreement does not exempt t SPYC or its members from park rules
and rea lations, except as may be provi ed elsewhere in this Agreement
7.1.12 The SPYC may neither operate nor mmission the operation of vending
machines that are located on pre � es visible to andlor accessible by the general
public withouC the consent and w itten authorization of the CITY.
71.13 That in cases of emer�ency o disaster such as flood or other natural act, SPYC
will vacate Marina Premises �f required and otherwise cooperate with directives
from the City's Superinte ent of Parks and Recreation, Fire Chief, Police Chief
or other City official del gated such power due to the emergency. Related costs
shall be borne by SPY unless otherwise negotiated. Further, SPYC will make
no claim against the ity for lost revenues or added expenses due to this
temporary relocati n.
9�-�038
72 The SPYC specificatty covenants and a�rees;
72.1 To maintain Marina Premises in a safe, ctean and orderly condition.
72.2 To inspect all docks on a rewiar basis to insure that they are in a safe con � ion.
The SPYC shall repair any conditions that cause the docks to be unsafe soon as
possible.
723 To keep the Marina Premises free of litter and accumulated trash. leanup of the
site shall be accomplished on a twice-weekly basis.
72.4 To store all equipment and other materials present on the Ma na premises in an
orderly manner so that the appearance of the facility is cle and or�anized.
72.5 To cut the grass and maintain the immediate banks of �ssissippi River to the
waterline adjacent to Marina Premises, marina pazkinQ areas and boat storage
areas as defined in Extubit A and B. Tree mainten e and removal will remain
the responsibility ofthe CITY.
72.6 To provide an adequate number of trash recept cles in hazbors of Mazina Premises
to accommodate debris generated by boat ow ers and their visitors to the marina
and be responsible for the removal of that t sh.
72.7 To maintain in safe and good condition e steps and access to docks in both boat
harbors.
72.8 To provide adequate lighting for d cks in both harbors.
729 To install public telephones ac ssible to boaters and visitors to the marina in
each harbor.
72.10 To furnish temporary
seasonal dockage for
for transient boaters visiting Saint Paul and
applicants and SPYC members.
7.2. I 1 To furnish a minimu of I50 and a maYimum of 175 boat slips as determined by
the SPYC . The m ximum number of slips may not exceed the permit as issued to
the CITY by the innesota Department of Natural Resources.
7.2.12 To not enter i o any business of constructing motor boats or other craft in the
harbors aro d Harriet Island or adjacent land. Marina leaseholders with
approved ckage may engage in minor boat repair to their watercraft in the
marina, wever any major boat repair work must be approved by the SPYC.
98-/0�8
7.2.13 To engage in dock construction, painting, sandblastin� in order to paint, weldin�,
carpentry and other maintenance activities incidental to operatin� a marina. T e
SPYC and the CITY shall jointly determine an area where this work may o cur.
In addition, the SPYC shall provide a weather proof building to facilitate 's
work to be located as a�reed to between the CITY and the SPYC.
72.14 To cooperate with and provide such facilities that are necessary
for CITY's Fire Department Harbor Patrol, U.S. Coast Guard,
Auxiliary and Ramsey County Sheriff Water Patrol.
Guard
72.15 To maintain and use a marina fuel stora�e and dispensing sys m. Said system
shall be under the direction and control of the SPYC and th SPYC shall be
responsible for the periodic, legally approved, testing of t
be responsible for the day to day maintenance of the t
operating condition. The SPYC shall provide jasoline o
during rewlar hours during the boatin� season and b pri
SPYC shall be responsible for any spill or dama�e t land
andlor any subsoil cleanup ordered by appropriate uthor
� tank The SPYC shall
to keep it in good
sale to the boaters
�r appointment. The
adjacent to the tanks
72.16 That the SPYC shall provide the CITY with a py of all agreements or contracts
between the SPYC and any party who will as �st the SPYC in carrying out the
stipulations of this Agreement.
72.17 To not rent space to any individual or en ty whose primary purpose is to conduct
business at that location, or allow any its membership to temporarily or
permanently conduct retail or comme ial transactions within the marina harbors.
This does not preclude slip holders om entertaining guests, nor does it prohibit
slip holders from conducting perso al business or work related to their
employment while on their boat.
72.1 S To designate safe parking are s for automobiles in the westernmost Upper Harbor
parking lot while the SPYC �s moving boats.
72.19 To provide a pump out f cility for all boaters use during regular hours of the
normal boating season.
72 20 To remove all mazi boaters' and visitors' discarded materials, parts and various
debris to maintain e boat storage, work and parking area in a clean and good
condition in both�harbors all on a twice-weekly basis.
7221 To conform tQ� City, State and Federal safety, health, accessibility and
environment�l laws and to cooperate with the appropriate agencies to achieve
such objectk�es.
10
y�-�a38
7.222 To compiy with State and Federal fair employment practice laws prohibitin�
discrimination on the basis of an applicant's age, sex, race or physical status.
also applies to persons seekin� memhership in the SPYC. ,
72.23 To use the SPYC policy (e�ibit D) which has been approved by the C�Y, that
sets up criteria for slip assignments at the Marina. Further, it is understood that
residents of the City of Saint Paul on the waiting list by January 15`�,of each year
shall be offered slips at the Marina each year before slips are offer to non-Saint
Paul residents on the waiting list: Pendin� the Saint Paul applic�meeting other
slip assignment requirements.
7224 The SPYC will annually furnish the CITY with a roster of i Board Members and
Lease Holders prior to 3une 1 of each year of this Agree nt.
7.225 To furnish the CITY with its proposed rates, includina any related discounting, for
dockage, storage and other services on or before M ch 1" of each calendaz year.
The CITY shall have the right to approve or disap ove of these rates and
discounts. The CITY shall not act arbitrarily or easonably withhold its
approval of the SPYC proposed rate or discou ng structure. If the CITY fails to
respond to the SPYC to either approve or dis pprove of said rates and discounting
within 30 days of its receipt of the proposed ate schedule, the proposed rates and
discounts shall be deemed approved by the CITY.
72.26 The SPYC agrees that its ability to p
this Agreement shall not be hindered
and that it has made all reasonable,
rf rm and fulfill a11 of its obli�ations under
delayed by the advent of the year 2000
ligent and affirmative efforts to insure the
same SPYC specifically agrees th t, in addition to all other indemnifications
obligations undertaken pursuant this Agreement, it will also indemnify the City,
its officers, employees or agent , from all suits, actions or claims whether brought
by the City or by third parties, n any way related to the advent of the year 2000
causing failure to carry out t e terms of this Agreement.
7 227 That it shall not, in
regulations, pollute
Hazardous Wastes,
Mississippi River, a
wests, transieut bo
such discharge or�
discharge or
regulations,
with all appl:
ordinances,�
laf n of any applicable federal, state or local laws or
y ir, soil or ground waters, or dischazge or release any
, into, on, over or adjacent to the Marina Premises or the
that it shall take reasonable steps to prevent all members,
rs and other users of the Marina Premises from doing so. Any
�tion, or failure to take reasonable steps to prevent such
which is in violation of any such applicable laws or
be a breach of this Lease A�reement. The SPYC shall also comply
� federal, state and local laws and regulations, including City
ng to the control, handling, discharge or release of said Hazardous
Wastes, failure so to do shall be a breach of this Lease Agreement. In addition,
SPYC sh, 1 be obligated to use the Minnesota Pollution Control Agency Fact Sheet
11
9� �a38
#424 "Mana�in� Marina Waste", published April 8, 1996, as a general �uideline,fbr
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 future updates are available and known. �
7228 Hazazdous Wastes, for the purpose of paragraph 7227 above, shall he and include
all dan�erous, to3cic or hazardous contaminants, pollutants, che cal wastes or
substances as defined in applicable federal, state or local laws or re�tions, as those
may be amended from time to time. �
7.3 The CITY specifically covenants and agrees:
73.1 To provide material and supplies in such amounts and qu tities as the CITY shall
determine adequate for trees, shrubs, benches, si�nag , portable toilets, asphalt,
�ravel, grass, snow removal, police security, security ences, lighting and fire and
emergency services.
732 To provide electrical, telephone, water, sewer (to b available sometime in 1999} and
natural gas service on the leased premises with a ailable access for installation and
hook up of marina faciliries The SPYC is respo sible for payment of all related bills
based on its usage and consumption of s�d utilities for the duration of this
Agreement.
73.3 To maintain parking within Harriet Isla d Regional Park that serves the marina
premises as well as other areas and at actions within the park The CITY will
maintain access thereto for boat owner at all times, including during special events,
and properly inform the SPYC of airy event that could hamper in any way access to
the leased premises. The CTTY 11 develop and administer a parking plan for
Harriet Island Regional Pazk that a) reserves 25 parking spaces for use by live-
aboard slip holders, and (b) ac ommodates the need for SPYC members and
authorized guests, as recognize y the CITY, to puk vehicles overnight in the Park,
providing as well for the nece,ssary related ingress to and egress from the Marina
Premises. /
7.3.4 To allow up to 175 slips fbr dockage, includin� 25 slips for year round live aboard
usage. �
73.5 To maintain the appro riate permits for the location and operation of a marina at the
leased premises that ay be required by law and to transfer all appropriate rights to
said permits to th SPYC for the duration of this lease. The CITY shall provide
copies of all such ermits to the SPYC.
73.6 To �ive the SP�'C prior notification of and provide for consultation with the SPYC
concerning a�d CITY projects which may affect the normal operarions of the SPYC,
increase tha�SPYC's expenses, or cause a loss of revenue to the SPYC.
12
y�-� a.��
VIII
ADMINISTRATION
8.1 For the purpose of the administration of this Lease A�reement, the CTTY's repre�ntative
shall be the Superintendent of Parks and Recreation and the SPYC's representati e shall be
its Commodore. No other person except the Commodore of the SPYC may bi the SPYC
to any issue or undertaking by the SPYC under this Lease Agreement.
IX
DEFAULT/REMEDY
9.1 This Lease Agreement may be terminated at any time by mutual ass nt of the Parties.
92 In the event that either party fails to perform any of the terms r conditions of this Lease
Agreement, or violates any term or condition thereof, such f ilure or violation shall be a
breach of the said AgreemenY. In the event of such a breach, t e other party may give written
notice of the breach to the party in breach. If the breach as not been cured or remedied
within thirty (30) days following the giving of such w'tten notice, the other party may
tenninate this Lease Agreement in its entirety
9.3 In the event any provision contained in this Agree ent should be breached by either party
and said breach thereafter waived by the other p rty, such waiver shall be limited to the
particular breach so waived and sha11 noe be dee ed to waive any other breach hereunder.
9.4 That neither Party will make any claim and waives any right against the other Party on
account of any loss or damage caused by ac of God, such as fire, water, windstorm, floods,
freezing gas, electric wires, �uar, civil un st and other acts of God affecting the leasehold
property in connection with its operatio . The minimum rent speeified in paragraph 5.1.1
of this agreement shall be abated in y period during which the SPYC's operations are
halted on account of such acts of Go as described within this paragraph.
9.5 I3o remedy herein confened up or reserved to either party under this Agreement is
intended to be exclusive of any her available remedy or remedies, but each and every such
remedy shall be cumulative an� shall be in addition to every other remedy given under this
Agreement or now or here er e�isting at law or in equity or by statute. No delay or
omission to exercise any ri t or power accruing upon any default shall impair any right or
power or shall be const ed to be a waiver thereof, but any such right and power may be
exercised from time to t�me and as often as may be deemed expedient.
9 6 No provision in this
of eminent domain
that any exercis�
requirements pe air
shall preclude the CITY from exercising its lawful power
ver the leasehold estate established herein, or any part thereof, provided
said power shall be in accordance with all statutory and constitutional
in� thereto.
13
�1�'�Ia38
9.7 This Lease Agreement shall be construed under the laws of the State of Minnesota; and if an�
provision or portion thereof, or the application thereof to any person or circumstances s�all,
to any extent, be invalid or unenforceable, the remainder of this Lease Agreement sha�1 not
be affected thereby, and each provision of tYus Lease A�reement shall be va�"id and
enforceable to the fullest extent provided by law. %
X
NOTICES
10 1 Any notice, statements, bills or communications provided for he
sufficiently given or rendered if in writing and either delivered to the
or sent by certified mail address to the other return-receipt postage�
AS TO CITY
AS TO 5PYC
shall be deemed
� Party personally
d as follows:
- Superintendent of Parks a d Recreation
City of Saint Paul
300 City Hall Annex
25 W. 4 Street
Saint Paul, NIN 551 2
- Commodore, St. aul Yacht Club
Harriet Island
100 Yacht Cl Road #B 1
Saint Paul, 55107-2030
or such other address as the respective Parties s 11 designate ln writing. The time of aiving
such notice or communication sha11 be deem to be the time when the same is actually
delivered to the other Party.
11.1 Cavtions and Headine. The captions �nd headings used herein are intended only for the
convenience of the reference and are s�t to be used in construing this Lease.
ll.2. Entlre Agreement. This Lease Aa eement constitutes the full and complete agreement
between the Parties hereto an there are no other terms, obligations, covenants,
representations, warranties or co ditions other than contained herein.
14
98-lv�8
IN WITNESS HEREOF, the Parties have caused this Lease A�reement to be
delivered in duplicate as of the date appearin� on pa�e one hereof.
. . . . �i��iT6'�C� � ' ►
City Attorney
CITY OF SAII�T PAUL:
Mayor, City of Saint
Superintendent
Financial
and Recreation
Director
PAUL YACHT CLUB:
G:ASP\W P�AGREEMNY1Yaaht Club Luse
Commodore
and
15
y8-l03S
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98�ia38
Exhibit C
(Criteria governin� the management and use of the Public Dock)
11 Transient Boats The Public Dock will not function as competition for the SPYC transient boat
business. Overniehting boats will be located in the marina harbors whenever
possible. Ovemi�htin� boaters that are registered overnight wests at the
floating bed & breakfast will be permitted to overni�ht their boats on the
Public Dock
In the event that a transient boat must overnight on the dock (late anivals, full
hazbors), it will be permitted on the outside edge of the dock only.
The SPYC will retain all transient fees that it collects.
21 Use of the Boats that may tie-up to the inside of the dock will be limited to those of
Inside of Dock a maximum width of 10 feet (see attached illustration). Larger boats may tie
up to the outside of the dock only.
Overnighting in most cases will be limited to the outside of the dock. Tlus
is to avoid navigational conflicts with the neighboring SPYC dock.
3�Locatina Facilities The CITY will not locate a restaurant or other public facility along the inside
edge of the dock other than in the area beginning from where the dock meets
the shore to the point where the inside edge of the dock first drops to a lower
tier (see attached illustration).
The City will limit the width of facilities to be located within this defined
area to a maximum of 34 feet This is to minimize potential na�igational
conflicts with boats located along the neighboring SPYC dock
The potential location of any facility along the outside edge of the dock is not
affecCed by these criteria
4 Sitrna e The CITY will post signage reflecting the previous information as well as
dock hours (not to exceed park hours), reporting procedures for transients,
etc.
The CITY will work with the SPYC in developing and locating signa�e
16
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LEASE AGREEMENT
This Lease, effective as of
, 1998 by and between:
� CITY OF SAINT PAITL, hereinafter called `CITY"
.�.
SAINT PAUL XACHT CLUB, INC., hereinaftei called
hereinafter jointly calied "Parties", and also individually cailed " arty".
WITNESSETH:
WHEREAS, the CITY is the owner of certain reai es e adjoining the Mississippi River
commonly known as Harriet Island wtrich contains a"Low Hazbor" outiined by a black dashed
line on attached E�chibit A and °Upper Harbor" outlined a black dashed line on attached
Eachibit B; and
WHEREAS, the CITY as Lessor, and th PXC entered into a certain Lease Agreement
dated June .1, 1992 whereby the SPYC was gr ted the right to operate a marina facility on said
Lower and Upper Harbors of Harriet Island Marina Premises"); and
WHEREAS, since June 1, 1992 ertain changes have occurred and are underway which
will enhance Hazriet Island as a recre onal facility which precipitates a new Lease Agreement
between the Parties to accommoda the changes to Harriet Island; and
WHEREAS, the
Agreement for Marina P
June l, 1992.
ielieve it is in their mutual best interest to enter the within Lease
which will replace and supersede the Lease Agreement dated
STATEMENT OF PURPOSES
PARTIES
and confirm:
Both�arties desire to provide safe and afTordable boating to the public at Harriet Island
and ave worked cooperatively to accomplish this objective at Hamet Island since 1912;
Both Parties desire to use Haniet Island park azea as efficiently as possible, be
environmentally sensitive and to maintain an aesthetically beautiful public attraction; and
o) g -�o��
II
TEKM
The term of this Lease shall be for fifteen (15) years ("Initial Le se Term"), commencing on the
first day of the month immediately following the execution of 's Lease Agreement. By way of
example, ifLease Agreement is signed on the 10�` of Septe er, the "Commencement Date"
shall be October 1.
The SPYC may request to renew this Lease Agree nt for an additional 15-yeaz tenn ('Bxtended
Lease Term"), at tlie expiration of-the Initial Leas erm. The SPYC may request this extension
upon delivery,of written notice to the CITY by e posting of certified mail on or before the last
day of the 14�` yeaz of the Initial Lease Term. he CITY may not unreasonably or arbivarily
withhold its approval of the request and wil eatend tlus Lease for an additional period of 15
years unless the SPYC has failed to meet � s obligations and covenants as described in this
Agreement. All terms and conditions o this Lease Agreement applicable to the Initial Lease
Term may remain in effect for the E nded Lease Term, except for such other provisions and
The CITY is under title restriction on Harriet Island limiting the use of the land for
certain permitted recreational uses; and
The CITY has been issued certain permits for the operation of a marina facility on Marina
Premises of Harriet Island; and /
The SPYC has occupied I�arriet Island since 1912, during which time the SP C has
continually satisfied the public recreational use criteria by providing public cess for
recreational boating, docking and boat storage for the citizens of Saiut P 1; and
The PARTIES believe it is in the best interest of the public for the SP C to continue to
operate a marina facility on Marina Premises of Aarriet Isiand.
conditions as the Parties shall
3.1
Marina Premises
Harriet Isiand Re
/ III
MARINA PREMISE5 DEFINEA
azeas commonly refened to as the lower and upper hazbors of
3.2
Puk as illustrated in Erlubits A and B.
The Marina P mises remain public spaces, however, the publid s access to certain areas
may be pro ' ited for reasons of public safety and basic security concerns. The SPYC
may, by a orizaUOn by the CITY as part of this Agreement, prohibit general public
access to ts docking areas (indicated by blue lines on E�ibits A and B) and maintenance
compo nd (indicated by red lines on E�ibit B).
q �-(osr
3.3 The area designated for boat storage is indicated by green lines on Exhibit B. Public
access to this area may be regulated for reasons of public safety in azeas where boats are
being stored. In areaswhere boats aze not stored and at times of the yeaz when boats aze
not being stored, pu6lic access will not be impeded and the azea will be availabie for use
for managed parking for special events as well as general park use.
3.4 The CITY will work in good faith to make available an additional one-haif (.5) of an acr
of land that is contiguous to the azea defined in e�ibit B(upper hazbor) for the purpo e
e�;panding the Marina Premises. The CITY will make this additional area available r
SPYC use on or before October 1, 2001. At such a time when the land is made a� able
it will function in the same manner as the defined boat storage area, and E�chibit will be
re-drawn to reflect the inclusion of the land into the Marina Pretnises.
3.5 The SPYC is awaze of the CITY's plans to make future improvements an modifications to
the upper harbor Marina.Premises as part of a larger redevelopment of arriet
Island/Lilydale Regional Park and acknowledges that such a redevelo ent may involve a
reconfiguration of the dimensions and layout of the on-land Marina remises as they are
illustrated in E�ibit B. In the event that an area is reconfigured, e CITY must make no
less land a�ailable to the SPYC to be used for the purposes
maintenance compound (as shown on E�ibit B) tlian what
such reconfiguration is initiated. The CITY wiil work wit�
oat storage and its
✓ailable to it at the time any
SPYC in planning and
initiating any reconfiguration. If the Marina Premises az reconfigured at any time,
E�ibit B will be re-drawn to reflect xhe changes. Thi clause is independent of 3.4, and
therefore does not in way excuse or substitute for t CITY's obligations contained therein.
3.6 All park lands (including pazking azeas) other t those defined as Marina Premises are
not govemed in any way, implied or other�vis , by tlus Lease Agreement and remain
under the sole control and jurisdiction of th CITY.
3.7 Both Parties acknowledge that the CIT s future plaus for Hamet Island/Lilydale
Regional Park inciude a proposed bac le/pedestrian path along the river's edge; and that
a bridge is contemplated to span th entrance of the Upper Harbor entrance to the upper
harbor as it connects the Harriet I and path with those upstreazn towards Lilydale.
Cuzrently, this path is proposed o pass through azeas ind'acated on ESChibit B as Marina
Premises. The CITY agrees t work with the SPYC in making provisions so that the
praposed bridge is designed
Premises, specificaliy so th
and out of the upper haz r.
nd built to protect the operational functions of the Marina
it will not interfere with regulaz access by boats moving in
3.8 The area designated f r boat storage includes lands above a storm sewer line that is
maintained by the partment of Public Works. If fixture maintenance work is required
on this line, the S C must respond to related requests from the CITY to clear the area
necessary to ac mplish needed maintenance. In such an event, the CITY will accept
identify aitemative areas for temporary boat storage.
d�g-10�
�v
PERMITTED USE
4.1 The SPYC shall have the exclusive privilege of operating a marina facility on Marina
Premises; and to generally cazry on and engage in noimal activities wluch aze incidental
to the operation of the marina. �
�
43
The SPYC may engage in activities including but not limited to slip rentai,
hauling and winter storage of boats, sale of fuel and marine supplies and rE
The SPYC may not operate or engage in activities related to a commercial
nor may it act as a boat dealership or brokerage. �
V
RENT
5.1 The SPYC shall pay as "Rent" during the Initiai Lease Term
Term if e�tended) an amount equal to twelve and one-half p
that the SPYC shall receive as income from Rent of summeX
storage.
garage
( the Extended Lease
: ent (12-1/2%) ofrevenues
and winter dockage and
5.2 Rent to be paid pursuant to the preceding paragraph .1 shall be based upon income for a
calendar year basis, 7anuary 1 to December 31, an shali be payable in two installments.
The first installment,-based upon estimated one- a1f ('/z) of revenues for the particular
year, shail he payable on 7une 1 of that yeaz; d the balance, based upon estimated
revenue for the full yeaz, shall be payable o ecember 15 of each calendar yeaz.
53 The CITY has a right to inspect all boo and records pertaining to the operation of the
marina by the SPYC. The CITY sha11 e granted inspection of said books and records by
providing the SPYC with written no ce, whereby the SPYC shall have fifteen (15) days.
to provide such information to the ITY.
5.4 The SPYC shall retain an eate al-auditing firm to perform an annual audit of its
financial operations. The au ' shall be performed in accordance with generaily accepted
accounting principles and s 1 show all revenues received and expenses paid for the
SPYC's operations for th previous yeaz. The SPYC shall provide the CITY with a copy
of its annuai audit no lat than April 15 of the next yeat following the audit.
5.5 If an audit for the pre eding yeaz shall show a variance between the amount actually paid
and that which is d, that amount shall be either paid to the CITY by the SPYC no later
than April 15"` of e nea�t year foilowing the audit period if an additional amount is due;
or the SPYC sh be entitled to a credit against Rent to be deducted from the next
payment due t e CITY if an overpayment was made. Provided, however, that if the Lease
Agreement e pires or is terminated and the audit sha11 determine an overpayment the
final year�e SPYC sha11 be entitied to a refund from the CITY for overpayment of Rent.
In the ca of underpayment, the SPYC will pay the CITY the amount of the
0
��r'O
�
FLTTURE IIvIPROVEMENT
61 The SPYC may propose to the CITY that it will perform certain imprc
projects for the betterment of Mariva Premises and Harriet Island par
CITY has the primazy responsibility). The CITY must specifically co
each improvement and/or groject in order that the SPYC shall be enti
work performed. The SPYC will provide an estimate for each proje
CITY agrees that the SPYC shall perform the improvement andlor r
7.1
equipment and services:
k azea here the
nse in writing for
tl to a credit for
proposed and if the
oiects, the SPYC
shall be enufled to a credit based on the approved estimate. Cre ts eazned from tkas
work shall be deducted from Rent owed to the CITY from tim to time. Credits earned
for this purpose shall not be carried over from one year to the ollowing year unless the
SPYC receives written approval from the CITY for such c over.
VII
COVENANTS AND LTNDERT G
The Parties covenant, agree and acknowledge that ach shall provide the following
7.1.1 The CITY sha11 provide and maintain y d travel lift well and the SPYC sha11
provide, operate and maintain the tr�el lift.
7.1.2 The CITY shall periodically insp t the marina facility and inform the SPYC in
writing of any conditions requi � g attention as may be required to comply with
the obligations under Lease A reement.
7.13 The SPYC shall undertake o major improvements, construction oz alterations to
Marina Premises without e prior review and approval of the CIT`I'.
7.1.4 The SPYC shall be pe 'tted to store boats and other watercraft on the azea
designated on E�ib' B. Winter storage shali be available to SPYC slip holders
only. The SPYC y, if agreed to and authorized by the written approval by the
CITY, store boat other than those of its slip holders on a space available basis.
The CITY shall e responsible for maintaining the surface of said boat storage
azea in a safe, equate condition suitable for the transport and storage of boats.
1.1.5 The SPYC il1 keep the azea desi�nated for boat storage clear of boats and other
equipment n order to make it available for other uses during the period beginning
June 10 d ending September 10 of each year. Any SPYC boats that are required
to be o land for maintenance purposes or that aze othenvise not in the hazbors
durin his specified time will be confined to a portion of the boat storage area as
ident ed by the SPYC and the CITY.
qg . �
7.1.6 The CITY shall provide the SPYC with the CITY's accident report forms. The
forms shall be completed by SPYC representatives in instances where accid s at
the marina are reported to or witnessed by SPYC representatives. The S C shall
deliver completed reports to the CITY without unreasonable delay.
7.1.7 The SPYC hereby agrees to defend, indemnify and hold the
officers, agents and employees harniless from any claims, d<
action arising from the use and operations of Marina Premis
agents, officers, or employees. The SPYC shall provide at1
e�ense, liability insurance naming the CITY as an ac
Insurance shail cover injury to persons or property in
limits of the CITY's liability as set forth in Minn. Stat
$300,000 individual, $750,000 aggregate, with the
$1,000,000 on January i, 2000). SPYC shall pr�
to the CITY annually. Nothing in this provision ha]
as a waiver by the CITY of its statutory limits
exceptions. �
7. I.8 The SPYC sha11 have the right of first
of land bordering on the SPYC leaseh
directly related to that of the Marina,
not in any way prolubit the CITY fr r.
other than slip expansion without rst
mentioned purpose.
CITY d any of its
ma s, or causes of
� y SPYC, its
.s own cost and
iiti nal insured thereon.
amount not Iess than the
466.01 et seq (currently
;regate limit increasing to
evidence of such coverage
be construed in any manner
liabality, immunities or
re al if the CITY offers the lease or sale
� (e.g. Raspberry Island) for purposes
ecifically slip expansion. This right does
i entering into a lease or sale for a purpose
offering it to the SPYC for the before
'7.1.9 All assets present and future aid for and owned by the SPYC, unless fumished as
a pennanent improvement premises, shall always remain the property of the
SPYC unless otherwise eed to in writing by the Parties (i.e. docks, lifts,
trailers, temporary buii ngs, blocking, stands, spuds, above ground gas tanks and
piping, and tools and quipment). Present and future items provided by the SPYC
as permanent impro ements (i.e. pilings, dolphins, utility fixtures, and below
ground tanks and 1� es) shall remain as such on the premises.
7.1.10 The SPYC
Island Regi
the SPYC.
7.1.11 The
in E
�act as the primary rentai agent for transient boaters at Harriet
Park. All transient fees collected by the SPYC will be retained by
manage the Public Dock in accordance with the provisions found
7.1.12 This reement does not exempt the SPYC and its individual members from park
rules d regulations, unless otherwise stipulated. The CITY will a11ow vehicles
of S YC members and guests that have a properly displayed pernut to be parked
ov rnight wit2un the pazk, and also acknowledges the need for in�ress and egress
f r persons trave]ing into and out of the Marina Premises during hours that the
azk is otherwise closed .
q �_� o z�'
7. i.13 The SPYC may neither operate nor commission the operation of vending
machines that are located on premises visibie to and/or accessible by the �
public without the consent and written authorizarion of the CITY.
7.1,14 That in cases of emergency or disaster such as flood or other natural
SPYC
will vacate Marina Premises if required and otherwise cooperate wit directives
from the City's Superintendent of Pazks and Recreation, Fire Chie , Police Gluef
or other City official delegated such power due to the emergen . Related costs
shall be borne by SPYC unless otherwise negotiated. Furthe , SPYC will make
no claim against the City for lost revenues or added expe s due to this
temporazy relocation.
72 The SPYC specifically covenants and agrees;
7.21 To maintain Mazina Premises in a safe, clean and
7.22 To inspect all docks on a regular basis to i
The SPYC shall repair any conditions that
possible.
7.23 To keep the Marina Premises free of
site shall be accomplished on a regul�
7.2.4. To store all equipment and other
orderly manner so that the appefE
condition,
hat they are in a safe condition.
the docks to be unsafe as soon as
and accumulated uash. Cleanup of the
iais present on the Marina premises in an
of the facality is clean and organized.
72.5 To cut the grass and maint ' the immediate banks of Mississippa River to the
waterline adjacent to Mar Premises, marina parking areas and boat storage
areas as defined in E�i t A and B. Tree maintenance and removal will remain
the responsibility of CITY.
7.2.6 To provide an ade ate number of trash receptacles in hazbors of Marina Premises
to accommodate ebris generated by boat owners and their visitors to the marina
and be respons� le for the removal of that trash.
'7.2.7 To mait
hazbors.
7.2.8 To
safe and good condition the steps and access to docks in both boat
adequate lighting for docks in both harbors.
72.9 To �nstall public telephones accessible to boaters and visitors to the marina in
e h hazbor.
72.1 To fumish temporary dockage for transient hoaters visiting Saint Paul and
seasonal dockage for approved applicants and SPYC members.
�It�(��
7.2.11 To fumish a minimum of I50 and a m�imum of 175 boat slips as determined by
the SPYC . The maximum number of slips may not exceed the permit as issued 1
the CITY by the Minnesota Department ofNatural Resources. /
7.2.12 To not enter into any business of constructing motor boats or other craft i the
harbors around Harriet Island or adjacent land. Marina leaseholders wi
approved dockage may engage in minor boat repair to their watercr n the
marina, however any major boat repair work must be approved by t e SPYC.
72.13 To engage in dock construction, painting, sandblasting in order o paint, welding,
carpentry and other maintenance activities incidental to oper g a marina. The
SPYC and the CITY shall jointly determine an area where t s work may occur.
In addition, the SPYC shall provide a weather proof buil ' g to facilitate this
work to be located as agreed to between the CITY and e SPYC.
7.2.14 To caoperate with and provide such facilities that az necessary and appropriate
for CITY's Fire Department Harbor Patrol, U.S. C ast Guard, Coast Guard
Auailiary and Ramsey County Sheriff Water Patr .
7.2. I S To maintain and use a marina fuel storage and ispensing system. Said system
shall be under the direction and control of t SPYC and the SPYC sha11 be
responsible for the periodic, legally a�
be responsible for the day to day maii
operating condition. The SPYC shati
during regular hours during the boati
5PYC shall be responsible for any s i.
and/or any subsoil cleanup ordere b5
7.2.16 That the SPYC shall provide
between the SPYC and any,�
stipulations of this
testing of the tank. The SPYC shall
of the tank to keep it in good
gasoline for sale to the boaters
g season and by prior appointment. The
! or damage to land adjacent to the tanks
appropriate authorities.
CITY with a copy of all agreements or contracts
who will assist the SPYC in carrying out the
7.2.17 To not rent space to individual or entity whose primary purpose is to conduct
business at that loca 'on, or allow any of its membership to temporarily or
permanently cond t retail or commercial transactions within the marina harbors.
This does not pr lude slip holders from entertaining guests, nor does it prohibit
slip holders fro conducting personal business or work related to their
employment �le on their boat.
7.2.18 To design e safe parking areas for automobiles in the westemmost Upper Harbor
parking t while the SPYC is moving boats.
7.2.19 To pr�bvide a pump out facility for all boaters use during regular hours of the
boating season.
a�g -
7.2.20 To remove all marina boaters' and visitors' discarded materials, parts and vari
debris to maintain the boat storage, work and pazking azea in a clean and go <
condition in both harbors.
7.2.21 To conform to City, State and Federal safety, health, accessibility an
environmental laws and to cooperate with the appropriate agencies o aclueve
such ob}ectives.
7.2.22 To comply with State and Federai fair employment practice ws prolubiting
discrimination on the basis of an applicant's age, se�c, race r physical status. This
also applies to persons seeking memberstup in the SPYC
7.2.23 To use the SPYC policy (exlubit D) which has been a proved by the CITI', that
sets up criteria for slip assignments at the Marina. F rther, it is understood that
residents of the City of Saint Paul on the waiting li by January 15`" of each year
sha11 be offered slips at the Marina each year bef e slips are offered to non-Saint
Paul residents on the waiting list: Pending the 'nt Paul applicant meeting other
slip assignment requirements.
72.24 The SPYC will annually fumish the CITY ith a roster of its Board Members and
Lease Holders prior to June 1 of each ye of this Agreement.
72.25 To furnish the CITY with its propos rates for dockage, storage and other
services on or before Mazch l�` of ch calendar year. The CITY shall have the
right to approve or disapprove of hese rates. The CITY shail not act arbivarily or
nnreasonably withhold its appr al of the SPYC proposed rate structure. If the
CITY fails to respond to the YC to either approve or disapprove of said rates
witlun 30 days of its receipt f the proposed rate schedule, the proposed rates shall
be deemed approved by t CITY.
1.2.2b The SPYC agrees that ts ability to perform and fulfill all of its obli�ations under
this Agreement sha11 ot be hindered or delayed by the advent of the yeu 2000
and that it has mad all reasonabie, diligent and af£irmative efforts to insure the
same. SPYC spe ifically agrees that, in addition to all other indemnificauons
obligations und aken pursuant to this Agreement, it will also indemnify the City,
its officers, e loyees or agents, from all suits, actions or claims whether brought
by the City by third parties, in any way related to the advent of the year 2000
causing f� re to carry out the terms of ttus Agreement.
73 The CITY spec�fically covenants and agrees:
7.3.1 To ovide materiai and supplies in such amounts and quantities as the CITY shall
det mune adequate for trees, shrubs, benches, signage, portable toilets, asphalt,
vel, grass, snow removal, police security, security fences, lighting and fire and
erQencv services.
� g r�Og •
7.3.2 To provide electrical, telephone, water, sewer (to be availabie sometime in 199
and naturai gas service on the leased premises with availabie access for
installation and hook up of marina facilities The SPYC is responsible for e
of all related bills based on its usage and consumption of said utilities f the
duration of this Agreement.
7.3.3 To maintain pazking within Harriet Island Regional Park that se es the marina
premises as well as other areas and attractions within the par . The CITY will
maintain access thereto for boat owners at all times, includi g during special
events, and properly inform the SPYC of any event that c uld hamper in any way
access to the leased premises. The CITY will develop d administer a parking
plan for Harriet Island Regional Pazk that reserves 25 azking spaces for use by
live aboard slip holders.
73.4 To allow up to 175 slips for dockage, including 25 lips for year round live aboazd
usage.
73.5 To maintain the appropriate permits for the lo tion and operation of a marina at
the leased premises that may be required by 1 and to transfer all appropriate
rights to said pernuts to the SPYC for the ration of this lease. The CITY shall
provide copies of all such permits to the XC.
73.6 To give the SPYC prior notificat3on� and provide for consultation with the
SPYC concerning and CITY pro}ec which may affect the normat operations of
the SPYC, increase the SPYC's
or cause a loss of revenue to the SPYC.
VIII
TION
8.1 For the purpose of the admini ration of this Lease Agreement, the CITY's representative
shall be the Superintendent o Parks and Recreation and the SPYC's representative shall
be its Commodore. No o r person except the Commodore of the SPYC may bind the
SPYC to any issue or un rtaking by the SPYC under this Lease Agreement.
IX
DEFAULT/REMEDY
9.1 This Lease Agre�ment may be terminated at any time by mutual assent of the Parties.
9.2 In the event t at either party fails to perform any of the terms or conditions of this
Agreement, s shall constitute default, and the non-defaulting party may cancei the
Agreemen n its entirety, if the defaults are not remedied within thirty (30) days after
receipt of�written notice of any such failure to perform or breach.
10
q� _���'
93 In the event any provision contained in this Agreement should be breached by either
and saad breach thereafter waived by the other party, such waiver shall be limited t the
particular breach so waived and shall not be deemed to waive any other breach reund
9.4 No remedy herein conferred upon or reserved to either parry under this Agr ment is
intended to be exclusive of any other available remedy or remedies, but e and every
such remedy shall be cumulative and shall be in addition to every other medy given
under this Agreement or now or hereafter e�sting at law or in equaty r by statute. No
delay or omission to exercise any right or power accruing upon any efault sHall impair
any right or power or shall be construed to be a waiver thereof, bu any such right and
power may be exercised from time to time and as often as may b deemed expedient.
9.5 This Lease Agreement shail be construed under the laws of the tate of Minnesota; and if
any provision or portion thereof, or the application thereof to y person or circumstances
sha11, to any extent, be invalid or unenforceable, the remaind of this Lease Agreement
shall not be affected thereby, and each provision of this Le e Agreement shall be valid
and enforceable to the fullest eatent provided by law.
X
NOTICES
10.1 Any,notice, statements, bills or communicatio provided for herein shall be deemed
sutiiciently given or rendered if in writing an either delivered to the other Party
personally or sent by certified mail address o the other return-receipt postage prepaid as
follows:
AS TO CITY
'Superintendent of Pazks and Recreation
City of Saint Paul
300 City Aall Annex
25 W. 4`" Street
Saint Paul, MN 55102
AS TO SPYC - Commodore, St. Paul Yacht Club
Harriet Isiand
100 Yacht Club Road #Bl
Saint Paul, MN 55107-2030
or such other addr ss as the respecuve Parties shall designate in writing_ The time of
giving such noti or communication shall be deemed to be the time when the same is
actually deliver d to the other Party.
I1
� _�o��'
�
MISCELLANEOUS
11.1 Captions and Headine. The captions and headings used herein are intended only for the
convenience of the reference and are not to be used in construing this Lease. /"
11.2. Entire A�eement. � This Lease Agreement constitutes the full and complete
between the Parties hereto and there aze no other terms, obligations, coven<
representations, warranties or conditions other than contained herein. �
IN WITNESS HEREOF, the Parties have caused tlus Lease Agreen�ent to be executed
and delivered in duplicate as of the date appeazing on page one hereof. �
APPROVED AS TO FORM:
City Attorney
CITY OF S PAUL:
Mayor, ity of Saint Paul
Superintendent of Parks and Recreation
Financial Services Director
SAINT PAUL YACHT CLLTB:
Commodore
l2
98-�6 � 8
Exhibit C
(Criteria governing the management and use of the Public Dock)
1) Transient Boats
2) Use of the
Inside ofDock
The Public Dock will not function as competirion for the�SPYC transient
boat business. Overnighting boats will be located in the marina� bors
whenever possible.
In the event that a transient boat must overnight on the
full harbors), it will be pemutted on the outside edge of
The SPYC will retain all transient fees that it collects.
Boats that may tie-up to the inside of the dock will
a m�imum width of 10 feet (see attached illustratii
tie up to the outside of the dock only. �
�(late arrivals,
dock only.
mited to those of
Larger boats may
Overnighting in most cases wili be limited to the outside of the dock. This
is to avoid navigational conflicts with the neig oring SPYC dock.
3) Locatin� Facilities The CITY will not locate a restaurant or ot er public facility along the
inside edge of the dock other than in the ea beginning from where the
dock meets the shore to the point where he inside edge of the dock first
drops to a lower tier (see attached illu ation}.
The City will limit the width of fac' ties to be located within this defined
azea to a maximum of 34 feet. T s is to minimize potential navigational
conflicts with boats located alo g the neighboring SPYC dock.
The potential location of
not affected by these crit�
facility along the outside edge of the dock is
4 Si a e The CITY will post s' nage reflecting the previous information as well as
dock hours (not to ceed pazk hours), reporting procedures for transients,
etc.
The CITY wi1l�Gvork with the SPYC in developing and locating signage.
Amendment to Item #25
Council Member Mike Harris
��i�3 �
AND BE TT FLJRTHER RF OLVE D, t at the City Council requests Pazks and Recreation staff
to report to the Council ori June 1, �999 and September 1, i�999 regarding the 5aint Paul Yacht
Ciub's performance on the following specific provisions contained within the lease: Item 7.1.4,
Item 7.1.5, Item 7.23, Item 7.2.20 and Item 7.2.21.
5.,.�os�:-�.�� � - ��b , ay,\`�°�`�
CITY
��
Green Sheet # � �.' j � (
RESOLUTION
Presented
Referred To
2
0
6
7
8
9
10
11
12
13
14
15
16
17
1$
19
20
21
22
Council File # _ `g — �o' 3g
Date
WIIEREAS, the City has a Lease Agreement with the Saint Paul Yacht Club (SPYC} that
allows SPYC to use public properry to operate a marina at Harriet Island Regional Pazk (the
Park), which benefits the public by offering a range of recreational opportunities relating to
boating, which opportunities have been continuously provided by SPYC since 1912; and
WHEREAS, the redevelopment of the Park includes the relocarion of SPYC facilities
within the Park and requires a new Lease Agreement between the City and SPYC to
accommodate the changes, which new Lease Agreement will supersede the current lease; now,
therefore, be it
RESOLVED, that the City officials, who are required by law to execute such a new Lease
Agreement, are hereby authorized to enter into the attached Lease Agreement with SPYC, which
authority 1s limited to such Lease Agreement as attached; and, be it
FURTHER RESOLVED, that the City Council requests that the Parks and Recreation
staff report to the Council on June 1 and September 1 of each year of the Initial Lease Term and
any Extended Lease Terms regarding the SPYC's perFormance on the following specific
provisions contained in such Lease Agreement: Pazagraphs 7.1.4, 71.5, 7.23, 7.2.20, and
7.2.21.
Requested by Department of:
By:
Adoption Certified by Council Secretazy
BY' ��� �- ' `� � n n l<l-.r�
Approved by hiayor: Date
SAINT PAUL, MINNESOTA
FoTm A ro ;ed by Cit Attorney
BY: [�"�/�- (r'22'!f
Approved by Mayar for Submission to Council
By:
BY:
.� �---�. �.�:_.-�..�-..� �-(�o.�-.�� �.�� � �-���
Adopted by Council: Date ��.ay �qqq
q�'��d3�
Summary of Coleman Amendments
Term of the Lease. p. 2
The draft submitted to the Council provides for a ten (10) yeaz ea�tension of the lease, and that the
City cannot "unreasonabiy or azbitrarily° refuse to consent to that extension. T'his language sets a
vague and imprecise standard for renewal, and means that a decision by the City not to renew
would in all likelihood end up being resolved in the courts. The court would not give the City's
determination the same deference as is given to legisia6ve ac6ons, but would decide fot itseif
what was reasonable or unreasonable under ail the facts and circumstances at the time. Even if
the City had what it thought was a good reason, such as the need to make pians for other
developments, this would likely cast the outcome in doubt and require the courts to decide.
Coleman amendment:
The Coleman amendment adopts the language used in the lease for the Minnesota Showboat, and
provides for the possibility of additional five (5) yeaz extensions of the lease upon the agreement
of the parties. Both parties aze required to give one (1) year's notice if they do not intend to agree
to an extension. Neither party is at a disadvantage if they do not consent.
CityRepresentation.,Q 3
The submitted draft affirms that certain property does not have any title restrictions.
Coleman amendment:
5ince all properiy in Harriet Island is subject to use restrictions in the title certificate, the City
can represent only that there aze no title restrictions other than those already on the public record.
Rent Comnutation. p. 5
The submitted draft prevents SPYC from increasing discounts, which prevents a reduction in rent
to the City.
Coleman amendment:
The meaning of the term discount is clarified to cover any reduction in fees, however it is
worded.
Cit�Consent. p. 6
The draft submitted says that repairs and permanent improvements to the marina premises cannot
be undertaken without City consent, and the City cannot withhold its consent unreasonably. This
is a vague standazd, and couid lead to litigation.
Coleman amendment:
The amendment makes cleaz that the City does not have to consent to permanent nnprovements
to the marina premises. The City does have to be reasonable in consenting to ordinary repairs.
Acts of God,�. 13
The draft submitted excuses the SPYC from paying rent during halts in operation caused by acts
of God.
�
q�-�a38
Coleman amendment:
The amendment removes the words °gas, elechic wires,° from the list of acts of God. It is not
clear wbat these words were intended to mean, but in any event manmade equipment is not an act
of God.
R�'-�o38
1 1'(`(�eK�c\ �
� ersios� —
LEASE AGREEMENT � . �y,\�i9�
This Lease, effectit�e as of , 1999 by and between:
CITY OF SAINT PAUL. hereinafter called "CITY"
�I
SAINT PAUL YACHT CLUB, II�TC., hereinafter called "SPYC",
hereinafter jointly called "Parties", and aiso individually called "Party".
WITNESSETH:
WHEREAS, the CITY is the o�ner of certain real estate ad}oining the Mississippi River
commonly known as Haniet Island � contains a"Lower Hazbor" outlined by a black dashed
line on attached Exhibit A and "Upper Hazbor" outlined by a black dashed line on attached
Exhibit B; and
WHEREAS, the CITY as Lessor, and the SPYC entered into a certain Lease Agreement
dated June i, 1992 whereby the SPYC was granted the right to operate a marina facility on said
Lower and Upper Hazbors of Harriet Island ("Marina Premises"); and
WHEREAS, since June l, 1992 certain changes have occurred and aze underway which
wiil enhance Harriet Island as a recreational facility which precipitates a new Lease Agreement
between the Parties to accommodate the changes to Harriet Island; and
WHEI2EAS, 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
June i, 1992.
STATEMENT OF PURPOSES
PARTIES acknowledge and confirm:
Both Parties desire to provide safe and affordabie boating to the public at Harriet Island
and have worked cooperatively to accomplish this objective at Harriet Island since 1912;
and
1.�USERS1BYfWE\COLEAIAN�LEASE\councili February]2,1999
9a� l�3�
Both Parties desire to use Harriet Island park area as efficiently as possible, be
em�ironmentally sensitive and to maintain an aestheticaliy beautiful public attraction; and
The CITY is under title restriction on Harriet Island limiting the use of the land for
certain permitted recreational uses; and
The CITY has been issued certain permits for the operation of a marina facility on Marina
Premises of Harriet Island; 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 boatine, docking and boat storage for the citizens of Saint Paul; and
The PARTIES belie��e 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 erm. The initial term of this Lease shall be for fifteen (I S) years ("Initial Lease Term"),
commencing on the first day of the month immediately following the execution of this
Lease Agreement. By way of example, if Lease Agreement is signed on the 10"' of
September, the "Commencement Date" shall be October 1.
/ �0� 'ee.�S
2.2 Renewal O tin ons• The SP�C and the CITY may extend this Lease Aereement for
successive o�tions of � each which will automaticallv renew (`Bxtended
Lease Term"1 un]ess the SPYC andior CITY notifies the other in writing of its intent not
to renew the Lease Aareement at least twelve months prior to the exniration of the then
current term.
�� „
_ ,
:-'--'-"----'---. All terms and condiUons of this Lease Agreement applicable to
the Initial Lease Term shall remain in effect for the E�ctended Lease Term�, except to
the extent otherwise agreed by the parties in writing.
- - - � - - --- --- - - - -- --- - -
- - -- - - - -- - - - • - - - - -
- � -
2.4 The Lease Agreement between the CITY and SPYC dated June 1, 1992, under which
SPYC has leased certain Marina Premises from the CITY, is hereby rescinded, effective
upon the Commencement Date of this Lease Agreement. All claims arising under such
1992 Leass are hereby extinguished as between the parties herein upon the
Commencement Date of this Lease Agreement.
'Z I'\USFRS�BYR7�'E�COLEMANII,EASElcouncill February 12, ]999
�8�� 0�8
III
MARIl�'A PREMISES DEFINED
3.1 Marina Premises include areas commonly referred to as the lo�-er and upper hazbors of
Harriet Island Regional Pazk as illustrated in E�ibits A and B.
3.2 The Marina Premises remain public spaces, howe��er, the public's access to certain azeas
may be prohibited for reasons of public safety and basic security concems. The SPYC
shall, prohibit general public access to its dockin� azeas (indicated by blue lines on
Exhibits A and B) and maintenance compound (indicated by red lines on Exhibit B).
33 Public access to the azea designated for boat storage (indicated by green lines on E�chibit
B) shall also be restricted or limited for reasons of pubiic safety when boats are being
stored, transported or otherwise present. In azeas where boais are not stored and at times
of the year when boats are not being stored public access will not be impeded and the
azea will be available for use for managed parking for special events as well as general
park use. The CITY retains the riaht to direct, from time to time, the SPYC as to which
specific areas w�ithin the boat storase area shall be open for general public access,
provided that any such direction shali meet the need for safe and secure boat storage.
3.4 The CITY will work in good faith to make available an additional one-half (.5) of an acre
of land that is contiguous to the azea defined in exhibit B(upper harbor) for the purpose
expanding the Marina Premises. The CITY will make this additional azea available for
SPYC use on or before October 1, 2001, 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 title restrictions. Such
additional land shall be subject to the terzns and conditions of this Lease Agreement as
part of the Marina Premises, specifically the boat storage area on Exhibit B, which shall
be re-drawn to reflect the inclusion. The CITY affirms that the property adjacent to the
Upper Hazbor on the upsueam side as shown on Exhibit B is owned by the City, is not
subject to title restriction ot er than anv already of record and is the preferred site for the
expansion referenced herein.
3.5 The SPYC is aware of the CITY's plans to make future improvements and modifications
to the upper harbor Marina Premises as part of a larger redevelopment of Haniet
Island/Lilydale Regional Pazk and acknowledges that such a redevelopment may invoive
a reconfiguration of the dimensions and layout of the on-land Marina Premises as they are
iilustrated in Exhibit B. In the event that an azea is reconfigured, the CITY will make
land that may be a combination of the park land that is occupied by the SPYC at the tnne
when said reconfiguration is initiated and adjacent public park land in substantially the
same azea available to the SPYC to be used for the purposes of boat storage and its
maintenance compound in amounts equal to the lands that aze availabie to the SPYC at
the !ime any such reconfiguration is initiated (as shown on the existing or a future
S:IUSERSIBYRNE�COLF1vL1N�LEASEkouncill FeMuary ]2, 1999
q�'-l03�'
modif:cation to Exhibit B). Tl�e CITY �aill work with the SPYC in pla�ining and
initiating any reconfiRuration. Ifthe Mazina Premises are reconfigured at any time,
Ea:hibit B will be re-drawn to reflect the changes. This clause is independent of 3.4, and
therefore does not in way excuse or substitute for the CITY's obligations contained
therein. The 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 title restrictions. Land w�hich is included within the Marina Premises under
the terms of this paragraph shall be subject to the terms and conditions of this Lease
Agreement.
3.6 All park lands (including pazking azeas) other than those defined as Marina Premises are
not govemed in any «�ay, implied or otherwise, by this Lease Agreement and remain
under the sole control and jurisdiction of the CITY.
3.7 Both Parties acknow�ledge that the CITY's future plans for Harriet IslandlLilydale
Regional I'azk include a proposed bicyclefpedestrian path along the river's edge; and that
a bridge is contemplated to span the entrance of the Upper Harbor entrance to the upper
harbor as it connects the Harriet Island path with those upstream towards Lilydale.
Currently, this path is proposed to pass through azeas indicated on Exhibit B as Marina
Premises. The CITY agrees to work with the SPYC in making provisions so that the
proposed bridge is designed and built to protect the operational functions of the Mazina
Premises, specifically so that it w�ili not interfere with regulaz access by boats moving in
and out of the upper harbor.
3.8 The area designated for boat storage includes lands above a storm sewer line that is
maintained by the CITY. If the CITY determines in its discretion that maintenance or
other work is required on such line or sewer facilities, the SPYC shail move all boats and
other equipment specified by the CITY witlun a reasonable 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 w�ithin exis6ng park lands, but shali incur no financial
obligation for moving such boais and equipment. No improvements or immovable
fixtures shall be constructed or placed by SPYC in any location that would interfere with
repair, replacement, maintenance or other work of such sewer line or related facilities.
SPYC shali be obiigated to consult with the CITY before constructing any improvements
or fixtures over or neaz such sewer line. An iunprovement for the purpase of this
paragraph and this Lease Agreement shall be a permanent addition to or permanent
betterment of real properiy that enhances its capital value, and does not include ordinary
repairs or maintenance.
IV
PERMITTED USE
4.1 The SPYC shail have the exclusive privilege of operating a marina facility on Marina
Premises; and to generally cany on and engage in normal activities which aze incidental
to the operation of the marina.
.[; I:\USERS�BYRNEICOLEMANIL.EASEkouncJ] February ]2, J999
�l�'-�03�
4.2 The SPYC may enga�e in activities including but not ]imited to slip rental. launching,
hauling and winter stora�e of boats, sale of fuel and marine supplies and repairs.
43 The SPYC may not operate or engage in activities related to a commercial repair garage
nor may it act as a boat dealership or brokerage.
V
RENT
5.1 The SPYC shall pay as "Rent" an amount equal to twelve and one-half percent (12.�%) of
gross revenues recei��ed by SPYC from summer and winter dockage and storage fees, less
the credit, if any, allowed pursuant to pazagraph 5.6 of this Lease Agreement. Any unused
po*tion of such credit, if any, shall not be carried over from calendaz year to calendar
year.
5.1.1 Notwithstanding the foregoin� 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:
Yeazs 1-10 $24,000
Yeazs 10-15 A sum equal to the five year average of rents
(without reduction for credits under paragraphs 5
and 5.6) paid in yeazs 6-10 of the Initial Lease
Term.
Extended Lease Term A sum equal to the five year average of rents
(without reduction for credits under paragraphs 5
and 5.6) paid in yeazs 10-15 of the Initial Lease
Term.
The minimum fee will be payable in two instailments on June 1 and December 15
of each yeaz, 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 current discounting leveis of $200 for dockage rates and $100
for winter storage rates unless it receives written approval from the CITY. e term
°discount" includes anv 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 fi8een (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
financial operations. The audit shail be performed in accordance with generally accepted
accounting principies and shall show all revenues received and expenses paid for the
SPYC's operations for the previous yeaz. The SPYC shall provide the CITY with a copy
of its annual audit no later than Apri] 15 of the next yeaz following the audit.
C\USERSIBYRNEICOLEMlil�LEASEkouncill February 1?, 1999
98-l�
5.� If an audit for the preceding ��ear shall show a variance between the amount actually paid
and that which is due, that amount shall be either paid to the CITY by the SPYC no later
than Aprii 15�' of the next yeaz following the audit period if an additional amount is due;
or the SPYC shall be entitied to a credit against Rent to be deducted from the next
pa}�ment due the CITY if an overpa}�ment was made. Provided, however, that if the
Lease Agreement expires or is terminated and the audit shall determine an oveipayment
the fmal year, the SPYC shall be entitled to a refund from the CITY for overpayment of
Rent. In the case of underpa}°ment, the SPYC will pay the CITY the amount ofthe
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 pazk azea (where the CITY has the
primary responsibility). If the CITY specifically consents in writing to the estimate and
plans for such work or project submitted by SPYC, the SPYC shall be entitled to a credit
against its annual Rent payment under paragraph 5.1 of this Lease 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 year unless the SPYC receives written
approval from the CITY for such canyover. 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 at large is purely
incidental.
VI
CONSENT TO IMPROVEMENTS
6.1 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
coasent of the City. The Ciry may require such information to be supplied by SPYC as
will enable the City to detemvne whether to consent to any proposed improvements or
immovable fixtures.
6.2 The SPYC shall undertake no reconstruction, alterations, repairs or replacements of
existing improvements, fixtures, facilities or equipment on or in the Marina Premises,
which causes or constitutes a permanent change in the CITY properiy underlying the
Marina Premises or adjacent to it, thereto, without the written consent of the City.
63 An ityprovement for the purpose of paragraphs 6.1 and 6.2 shall be a permanent addition
to or permanent betterment of real properry that enhances its capital value, and does not
include ordinary repairs or maintenance.
6.4 T'he CITY's response to a request for consent under paragraphs 6.1 and 6.2 shall be given
in a re?sonable rime. The consent of the CITY to a request under para�h 6 2 shall not
be unreasonably withheld.
I:\USERSIBYRNEICOLEMAN�LEA$Elcouncill February ]2, ]999
q8-io3�
VII
COVENANTS AND UNDERTAKING
7.1 The Parties covenant, agree and ackno�� that each shall provide the foilowing
equipment and services:
71.1 The CITY shall provide and maintain a travel lift well and the SPYC shall
provide, operate and maintain the travel lifr.
7.1.2 The CITY shall periodically inspect the marina facility and inform die SPYC in
writing of any conditions requiring attention as may be required to comply with
the obligations under Lease Agreement.
7.1.3 The SPYC shall undertake no major improvements, construction or 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�ibit B. Winter storage shall be available to SPYC slip holders
only. The SPYC may, if agreed to and authorized by the written approval by the
CITY, store boats other than those of its siip 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 pazagraph 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 wnll keep the area designated for boat storage cleaz of boats and other
equipment in order to make it available for other uses during the period beginning
June iQ and ending September 10 of each yeaz. Any SPYC boats that are required
to be on land for maintenance purposes or that ate otherwise not in the harbors
duting 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 shali be completed by SPYC representarives in instances where accidents
on or neaz the Marina Premises azs reported to or witnessed by SPYC
representatives. The SPYC shall deliver completed reports to the CITY within
five working (5) days following an accident on or neaz the Marina Premises.
7.1.7 The SPYC hereby agrees to defend, indemnify and hold the CITY and any of its
o�cers, agents and employees hazmless from any claims, damages, or causes of
I:IUSERS�BYtWE�COLEMANILFASEIcouncill February ]2, l999
q8-/o3�
action arisin� from the use and operations of Marina Premises by SPYC, its
agents, officers, or emplo}�ees. The SPYC shall provide at its o�� n cost and
expense, liability insurance naming the CITY as an additional insured thereon.
Insurance shall cover injury to persons or property in an amount not less than the
limits of the CITY's liability as set forth in Minn. Stat. §466.01 et seq (cunently
$300,000 indi��idual, $7�0,000 a�gregate, ��ith the agQ.,,regate limit increasing to
$1,000,000 on January i, 2000). SPYC shall provide evidence of such coverage
to the CITY annually. Nothin� 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 full force and
effect at ali 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 o�med by the SPYC, unless furnished as
an improvement or immo�•able fixture on the Marina Premises, shall alw�ays
remain the property of the SPYC unless othenvise agreed to in wTiting by the
Parties (i.e. docks, lifrs, trailers, temporary buildings, blocking, stands, spuds,
above ground gas tanks and piping, and tools and equipment). Present and future
items provided by the SPYC as such improvements or immovable fixtures (i.e.
pilings, dolphins, utility fi�tures, and below ground tanks and lines) shall remain
as such on the Mazina Premises.
7.1.9 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 Public Dock in accordance with the provisions found
in Exhibit C.
7.1.11 This Lease Agreement does not exempt the SPYC or its members from pazk rules
and regulations, except as may be provided elsewhere in this Agreement
7.1.12 The SPYC may neither operate nor commission the operation of vending
machines that aze located on premises visibie to and/or accessible by the general
public without the consent and written authorization of the CITY.
7.1.13 fihat 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 Parks and Recreation, Fire Chief, Police Chief
or other City officiai 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 expenses due to this
ter.:porary relocation.
I �USERSIBYRNE\COLEMAN�LEASEkouncil7 Febrvary ]2, 1999
q8- /t�3 �'
7.2 The SPYC specifically covenanu and agrees;
7:L.1 To maintain Marina Premises in a safe, clean and orderly condition.
7.2.2 To inspect ali docks on a regular basis to insure that they are in a safe condition.
The SPYC shall repair an}� conditions that cause the docks to be unsafe as soon as
possible.
7.2.3 To keep the Marina Premises free of litter and accumulated trash. Cleanup of the
site shall be accomplished on a twice-weekly basis.
7.2.4 To store all equipment and other materials present on the Matina premises in an
orderly manner so that the appeazance of the facility is clean and organized.
�.2.5 To cut the grass and maintain the immediate banks of Mississippi Ri��er to the
waterline adjacent to A4azina Premises, marina parking areas and boat storage
areas as defined in Exhibit A and B. Tree maintenance and removai will remain
the responsibility of the CITY.
'7.2.6 To provide an adequate number of trash receptacles in hazbors of Mazina Premises
to accommodate debris generated by boat owners and their visitors 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 adequate lighting for docks in both hazbors.
7.2.9 To install public telephones accessible to boaters and visitors to the marina in
each hazbor.
7.2.10 To furnish temporary dockage for transient boaters visiting Saint Paul and
seasonal dockage for approved applicants and SPYC members.
7.2.11 To futnish a mininmm of 150 and a maximum of 175 boat slips as deternuned by
the SPYC . The ma�cimum 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
hazbors around Harriet Isiand or adjacent land. Marina leaseholders with
approved dockage may engage in minor boat repair to their watercraft in the
marina, however any major boat repair work must be approved by the SPYC.
9 I:\USERS�BYANE\COLEWANLLFASEICOUnciI1 February 1?, 1999
y8-�o3�
7.2.13 To engage in dock construction, painting, sandblasting in order to paint welding,
carpentry and other maintenance acti� incidental to operating a marina. The
SPYC and the CITY shall jointly determine an azea where this �+-ork may occur.
In addition, the SPYC shall provide a w�eather proof buildin� to facilitate this
work to be located as a�reed to between the CITY and the SPYC.
7.2.14 To cooperate �� and pro� ide such facilities that aze necessary and appropriate
for CITY's Fire Departrnent Harbor Patrol, U.S. Coast Guard, Coast Guard
Auxiliary and Ramsey County Sheriff Water Patrol.
7:?.15 To maintain and use a mazina 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 responsible for the day to day maintenance of the tank to keep it in good
operating condition. The SPYC shall provide gasoline for sa]e to the boaters
during regular hours durin� the boating season and by prior appointment. The
SPXC shall be responsible for any spill or damage to land adjacent to the tanks
and/or any subsoil cieanup ordered by appropriate authorities.
7.2.16 That the SPYC shall provide the CITY with a copy of all agreements or contracts
between the SPYC and any party who will 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 at that location, or allow any of its membership to temporarily or
permanently conduct retail or commercial transactions within the mazina harbors.
This does not preclude slip holders from entertaining guests, nor does it prohibit
slip holders from conducting personal business or work retated to their
employment while on their boat.
7.2.18 To designate safe pazking ueas for automobiles in the westernmost Upper Harbor
pazking lot while the SPYC is moving boats.
7.2.19 To provide a pump out facility for all boaters use during regulaz hours of the
normal boating season.
7.2.20 To remove ail marina boaters' and visitors' discarded materials, parts and various
debris to maintain the boat storage, work and pazking area in a clean and good
condition in both harbors aii on a twice-weekiy basis.
7.2.21 To conform to City, State and Federal safety, health, accessibility and
10 1:\USERSIBYRNEIWLEMANILEASFwuncill February 12, 1999
98-103�
environmental la��s and to cooperate ���ith the appropriate agencies to achie��e
such objecti��es.
7.2.22 To comply u State and Federal fair employment practice laws prohibiting
discriminarion on the basis of an applicant's age, sex, race or physical status. This
aiso applies to persons seeking membership in the SPYC.
7.2.23 To use the SPYC policy (exlvbit D) which has been approved by the CITY, that
sets up criteria for slip assignments at the Marina. Fur[her, it is understood that
residents of the City of Saint Paul on the waiting list by January I S` of each year
shall be offered slips at the Marina each yeaz before slips are offered to non-Saint
Paul residents on the waiting list: Pending the Saint Paul applicant meeting other
slip assignment requirements.
7.2.24 The SPYC w711 annually furnish the CITY w�ith a roster of its Board Members and
Lease Holders prior to June i of each year of this Agreement.
7.2.25 To furnish the CITY with its proposed rates, including any related discounting,
for dockage, storage and other services on or before March 1�' of each calendar
year. The CITY shall have the right to approve or disapprove of these rates and
discounts. The CITY shall not act azbitrarily or unreasonabiy withhold its
approval of the SPYC proposed rate or discounting structure. If the CTTY 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.
,'.2.26 The SPYC agrees that its ability to perform and fulfill all of its obligations under
this Agreement shall not be hindered or delayed by the advent of the yeaz 2000
and that it has made ail reasonabie, diligent and affirmative efforts to insure the
same. SPYC speci8cally agrees that, in addition to all other indemnifications
obiigations undertaken pursuant to this Agreement, it will also indemnify the
City, its offacers, employees or agents, from all suits, actions or ciaims whether
brought by the City or by third parties, in any way related to the advent of the year
2000 causing failure to carry out the terms of this Agreement.
7.2.27 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 Was[es, in, into, on, over or adjacent to the Marina Premises or the
Mississippi River, and that it shali take reasonable steps to prevent all members,
guests, transient boaters and other users of the Marina 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 this Lease Agreement. The SPYC shall also comply
with ali applicable federal, state and ]ocal laws and regulations, including City
i l I:WSERS�SYRNt1COLEMAN�I.EASEkouncill Febtuary 12,1999
%8-/a3�'
oruinances, relating to the control, handiina, 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 Controi Agency Fact Sheet
#4.24 Managing Marina ��'aste , published April 8, 1996, as a�eneral guideline
for its operations and shall work with its membership and slipholders to achieve
compliance ��ith the guidelines in said Fact Sheet. The SPYC v.ill incorporate
funue updates of the Fact Sheet, when published by the MPCA, as guidelines for its
operation, ���hen said future updates aze a��ailable and known.
7.2.28 Hazardous R�astes, for the purpose of paragraph 7.2.27 above, shall be and include
all dan�erous, toxic or hazardous contaminants, poliutants, chemical wastes or
substances as defined in applicable federal, state or local laws or regulations, as those
may be amended from time to time.
73 The CITY specifically covenants and agrees:
73.1 To provide material and supplies in such amounts and quantities as the CITY shall
determine adequate for trees, shrubs, benches, signage, portable toilets, asphalt,
gravel, grass, snow remo��al, police security, security fences, lighting and fire and
emergency services.
7.3.2 To provide elechical, telephone, water, sewer (to be available sometime in 1494) and
natural gas service on the leased premises with available access for instaliation and
hook up of marina faciIities The SPYC is responsible for payment of ali related bills
based on its usage and consumption of said utilities for the duration of this
Agreement.
7.?3 To maintain pazking within Harriet Isiand Regional Park that serves the marina
premises as weil as other azeas and attractions within the pazk. The CITY wi11
maintain access thereto for boat owners at all rimes, including during special events,
and properly inform the SPYC of any event that could hamper in any way access to
the ]eased premises. The CITY will develop and administer a pazking 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.
7.3.4 To allow up to 175 slips for dockage, including 25 slips for yeaz round live aboard
usage.
7.3.5 To maintain the appropriate pemuts 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 pernuts to the SPYC for the duration of this lease. The CITY shall provide
copies of all such permits to the SPYC.
] z I:\USERS�BYRNE�COLEMAN�LEASE�couneil] Febmary 12, 1999
g8�1o3�
7.3.6 To give the SPYC prior notification of and pro��ide for consultation v,�ith the SPYC
concerning and CITY projects w•hich may affect the normal operations of the SPYC,
increase the SPYC's expenses, or cause a loss of revenue to the SPYC.
VIII
AD?�4INISTR.ATION
8.1 For the purpose of the administration of this Lease Agreement, the CITY's representati��e
shall be the Superintendent of Parks 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 terminated at any time by mutual assent of the Parties.
9.2 In thP event that either party fails to perform any of the terms or conditions 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 cvritten
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
terminate this Lease Agreement in its entirety.
9.3 In the event any provision contained in this Agreement should be breached by either party
and said breach thereafter waived by the other party, such waiver shall be limited to the
particulaz breach so waived and shail not be deemed to waive any other breach hereunder.
9.4 That neither Party will make any claim and waives any right against the other Party on
account of any loss or dan�age caused by acts of God, such as fire, water, windstorm, floods,
freezing, gas; e}ee�i�� war, civil unrest and other acts of God affecting the leasehold
property in connection with its operation. T'he minimum rent specified in pazagraph 5.1.1
of this agreement shail be abated in any period during which the SPYC's operations aze
halted on account of such acts of God as described within this paragraph.
9.5 No remedy herein confened 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 shail be in addition to every other remedy given under this
Agreement or now or hereafter existing at law or in equity or by statute. No delay or
omission to exercise any right or power accruing 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
exerci� d from time to time and as often as may be deemed expedient.
13 1 :\USERSIBYRNFCOLEMAN11,EqSE�councill Febmary 12, 1999
q8-�a3�
9.ti No provision in this Agreement shall preclude the CITY from exercising its lawful po�3er
of eminent domain o��er the leasehold estate estabiished herein, or any part thereof, provided
that any exercise of said power shall be in accordance wlth all statutory and constitutional
requirements pertaining thereto.
9.7 This Lease Agreement shall be construed under the laws of the State of Minnesota; and if
any provision or portion thereof, or ihe application thereof to any person or circumstances
shalt, to any eaKent, be invalid or unenforceable, the remainder of this Lease Agreement sha11
not be affected thereby, and each provision of this Lease Agreement shall be valid and
enforceable to the fullest eartent provided by law.
X
NOTICES
10.1 Any notice, statements, bills or communications provided for herein shall be deemed
sufficiently given or rendered if in �riting and either delivered to the other Party personally
or sent by certified mail address to the other return-receipt postage prepaid as follows:
AS TO CITY - Superintendent of Parks and Recreation
City of Saint Paul
300 City Hall Annex
25 W. 4`" Street
Saint Paul, MN 55102
AS TO SPYC - Commodore, St. Paul Yacht Club
Harriet Island
140 Yacht Ciub Road #B 1
Saint Paul, MN 55107-2�30
or 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 time when the same is actually
delivered to the other Party.
XI
MISCELLANEOUS
I 1.1 Cantions and Heading� The caprions and headings used herein are intended only for the
convenience of the reference and are not to be used in construing ihis Lease.
11.2. Entire Aareement. This Lease Agreement constitutes the full and compiete agreement
between the Parties hereto and there aze no other terms, obligations, covenants,
representations, warranties or conditions other than contained herein.
]!} 1:1USERSlBYItNE\COLEMAN�I,EpSEkouncill February I2, 1999
� g^/o3�
IN WITNESS HEREOF, the Parties have caused this Lease Agreement to be executed and
delivered in 3upiicate as of the date appearing on pa�e one hereof.
APPROVED AS TO FORM: CITY OF SAINT PAUL:
City Attorney
Mayor, City of Saint Paui
Superintendent of Parks and Recreataon
Financial Services D'uector
SAINT PAUL YACHT CLi3B:
Commodore
15 I:\USERS\BYRNEICOLEMANILEASflw�mciil February ]2, 7999
�$-/D3�
Eshibit C
(Criteria goveming the management and use of the Pubiic Dock)
I1 Transient Boats The Public Dock will not function as competition for the SPYC uansient boat
business. Ovemighting boats will be ]ocated in the marina harbors whenever
possible. Ovemighting boaters that aze registered ovemight guests at the
floating bed & breakfast will be permitted to overnight their boats on the
Pubiic Dock
In the event that a transient boat must overnight on the dock (late arrivais, full
hazbors), it wil] be pemutted on the outside edge of the dock only.
The SPYC wi11 retain ali transient fees that it collects.
21 Use of the Boats that may tie-up to the inside of the dock wi11 be limited to those of
Inside of Dock a maximum width of 10 feet (see attached illustration). Larger boats may tie
up to the outside of the dock only.
Ovemighting in most cases wiil be limited to the outside of the dock. This
is to avoid navigational conflicts with the neighboring SPYC dock.
3, Locating Facilities The CITI' will not locate a restaurant or other public facility along the inside
edge of the dock other than in the azea beginning from where the dock meets
the shore to the point where the inside edge of the dock first drops to a lower
tier (see attached illustration).
The City will limit the width of facilities to be located within this defined
area to a maximum of 34 feet. This is to minimize potential navigational
conflicts with boats located along the neighboring SPYC dock.
The potential location of any facility along the ouuide edge of the dock is not
affected by these criteria.
4 Si n The CITI' wiil post signage reflecting the previous information as well as
dock hours (not to exceed pazk hours), reporting procedures for transients,
etc.
The CITY wiil work with the SPYC in developing and locating signage.
].6 1:1USERS�BYRNEICOLEMANV.EA6Ekouncill February 12,1999
qr-b�
DEPAftTNENT/OFFICE/COVNCIL DA7EINRIATED GREEN SHEET NO. 2746
Parks and Recreation 11
CONTACC PERSON AND PHONE INITIAUDASE MRIALIDA
Vic Wittgenstein (226-6409) � 1 OEPARTMENTDIflECTOR 4 crtvcouNCa
NUMBER Po ? Cf1Y ATTORNEY CffY CLERK
MUST BE ON COUNQL AGENDA BY I�A7EI ���NG
OppER FINANCIAL SERVICES DIR. FfianCtel SeN/aCCt
1 1-18-98 3 MAYOR IOft ASSISlA 5 Parks & Recreaeon
TOTAL Y OF SIGNATUFiE PAGES (GI.� ALL LOCATIONS PoR SIGNA7Ui�) �
ACTION REQUESTEO:
Authorizing City Officials and staff to enter into Lease Agreement with the Saint Paul Yacht Club (SPYC) that will
supersede an Agreement between the same parties dated June, 7 992.
RECOMMEN�ATIONS: Approve(AlorRe�ectlR) pEHSONALSERVICECONTRACTSMU5TIW5WEHTHEFOLLOWPIGQUESiIONS:
PLANNING GOMMISSION CIVIL SERVIGE COMMISSION
— — 1. Mas this person/firm ever worked untler a conhac[ Por [his departmenV
CIB COMMffiEE _ VES NO
Q STAFF 2. Has this peraon/firm ever bem a ciry employee?
DISTRICTCOUNCIL YES NO
— — 3. Does this person/firm possess a skill not normally possessed by any cument city employee>
SVPPORTS WHICH COUNCIL OBJECTIVE? yES NO
. Evplain all yes a�uwen on separate aheet and attach [o green sheet.
INITIATING PROBLEM, ISSUE, OPPORTUNIN IWho, Wha[, When, Where, Whyl:
In 1992, the Saint Paul Yacht Club (SPYC) entered into has a Lease Agreement with the City to operate a marina at
Harrfet Island. The redevelopment of Harriet Island requires that SPYC facilities are moved within the park and
precipitates a new Agreement.
ADVANTAGESIFqpPROVED: V
The 1992 agreement between the SPYC and the City will be revised to reflect changes being made to accommodate the
redevelopment of Harriet Island. Services to the public will not be unduly disrupted.
DISADVANTAGESIFAPPROVED:
None �' "� �'c. �,�Ta.,�
���:� ��� �: ; E: �.
g<��'� ' E, ����
DISADVANTAGES IF NOTAPPROVED:
The previous agreement with the SPYC will remain in effect and the redevelopment of Harriet Island Regional Park may
be delayed.
TOTAL AMOUNT OF TRANSACTION S 12.5% af SPYC revenues COST/itEVENUE BUDGEiED (C6tIXE ON� YES NO
wxoe�csouRCe Soecial Fund 325 ACTIVf1YNUM� 23123
FINANCIAL INFOftMATION: �EXPLAINI
O�IGINAL
Presented By
Re£erred to
�
Committe`: Date
i WHEREAS, the City has a Lease Agreement with the Saint P ul Yacht Club
2 (SPYC) that allows them to operate a marina at Harriet Island Re onal Park, and
3 WHEREAS, the redevelopment of Harriet Island Regio al Park includes the
4 relocation of SPYC facilities within the park and precipitates hat a new Lease
s Agreement between the City and the SPYC is executed i order to accommodate the
5 changes, and
� WHEREAS, the existence of the marina
a offering them a range of recreational opportuni
9 that the SPYC has continuously provided at H<
Council File # � ��
Green Sheet # �a�1 y�
3a
;�ts the citizens of the City by
�lated to boating. Opportunities
Island since 1912, and
io WHEREAS, the execution of this Lea Agreement between the City and the
il SPYC will supersede the previous Lease reement.
12 NOW, THEREFORE, BE IT RE LVED, that proper City officials and staff are
13 hereby directed and authorized to en r into the attached lease agreement with the
i4 Saint Paul Yacht Club. ana
BE IT FURTHER RESOLVED, t at the Citv Council requests Parks and Recreation ataff
on the followin specific
em an em
Yeas Nays Absent
Blakey
Coleman_
Harris
Lantry
Reiter
Adopted by
Adoption �C�
By
�
. Date
ied by Council Secretary
Approved by Mayor: Date:
By
I �
t
m� ���� �
t=�o . lo � �`Cq°j
RESOLUTION
fY.6F/3'AINT PAUL M�NNES07A
Requested by:
D' is�"I�arks and RecrE3tion
��BY� T
4
Form Approved by City Attorney
98-/0 38
��e�.�� v ��s���,
���o���
This Lease, effective as of
LEASE AGREEMENT
1999 by and between:
CITY OF SAINT PALJL, hereinafter called `CITY"
and
SAINT PALTL YACHT CLUB, INC., hereinafter called
hereinafter jointly called 'Parties", and also individually called
WITNESSETH.
/
/
�$-�03�
WITEREAS, the CITY is the owner of certain real estate.�djoining the Mississippi River
commonly known as Harriet Island which contains a"Lower aibor" outlined by a black dashed
line on attached Exhibit A and "Upper Harbor" outlined by a lack dashed line on attached
E�ibit B; and
WfIEREAS, the CITY as Lessor, and the SPY entered into a certain Lease Agreement
dated 3une 1, 1992 wbereby tbe SPYC was granted t e ri�ht to operate a marina facility on said
Lower and Upper Harbors of Harriet Island ("Mari, a Premises"); and
WHEREAS, since June 1, 1992 certain anges have occurred and are underway which
will enhance Harriet Island as a recreational f cility which precipitates a new Lease Agreement
between the Parties to accommodate the c ges Co Harriet Island; and
WHEREAS, the Parties believe t is in their mutual best interest to enter the within Lease
Agreement for Marina Premises whi will replace and supersede the Lease Agreement dated
June 1, 1992_
I
STATEMENT OF PURPOSES
PARTIES acknowledge
Both Parties
and have w�
and �
confirm:
e to provide safe and affordable boating to the public at Harriet Island
cooperatively to accomplish this objective at Harriet Island since 1912;
1
� • I :
Both Parties desire to use Harriet Island park area as efficiently as possible, be
environmentally sensitive and to maintain an aesthetically beautiful public attraction; and
The CITY is under title restriction on Harriet Island limitin� the use of the land for
certain pemutted recreaUonal uses; and ;
The CITY has been issued certain permits for the operation of a marina facility on Marina
Premises of Harriet Island; and /
The SPYC has occupied Harriet Island since 1912, during which time the �'t'YC has
continually satis&ed the public recreational use criteria by providing publ' access for
recreational boating, dockin� and boat stora�e for the citizens of Saint aul; and
The PARTIES believe it is iti the best interest of the public for the y S�'YC to continue to
operate a marina facility on Marina Premises of Harriet lsland �
II
TERM
2,1 The term of tlus Lease shall be for fifteen (15) yeass ("I tial Lease Term"), commencing
on the first day of the month immediately following t execution of this Lease
Agreement. By way of example, if Lease Agreeme is signed on the 10"' of September,
the "Conunencement Date" shall be October I.
2.2 This Lease Agreement may be renewed by th mutual assent of the parties for an
addiTional ten (10) year term ("Extended Le se Term"), at the expiration of the Initial
Lease Term. The CITY may not unreaso ably or arbitrarily withhold its assent for an
extended lease term. All terms and con tions of This Lease Agreement applicable to the
Initial Lease Term shall remain in eff t for the Extended Lease Term, except to the
eatent otherwise agreed by the parti s in writing.
23 I£neithei the SPYC nor the CIT provides written notice to the oTher party of its intent
not to renew the Lease An ee ent prior to March 1, 2012, the Iease agreement will be
automatically renewed for th 10 year Extended Lease Term.
2.4 The Lease Agreement 6e een the CITY and SPYC dated June 1, 1992, under which
SPYC has leased certai Mazina Premises from the CITY, is hereby rescinded, effective
upon the Commence ent Date of this Lease A�reement. All claims arising under such
1992 Lease are her y extinguished as between the parties herein upon the
Commencement ate of tlus Lease Agreement.
18-� °
III
y1ARINA PREMISES DEFINED
3,1 Marina Premises include areas commonly referred to as the lower and upper harbors of,
Harriet Island Regional Park as illustrated in Exhibits A and B.
32 The Marina Premises remain public spaces, however, the pub(ic's access to certain areas
may be prohibited for reasons of public safety and basic security concerns. TheiSPYC
shall, prohibit �eneral public access to its dockin� areas (indicated by blue line�on
E�ibits A and B) and maintenance compound (indicated by red lines on E�ubit B).
33 Public access to the area designated for boat storage (indicated by green ines on Exhibit
B) sha11 also be restricted or limited for reasons of public safety when oats are being
stored, transported or otherwise present. In areas where boats are n stored and at times
of the year when boats are not being stored, public access will not e impeded and the
area will be available for use for managed parkina for special eve ts as well as general
park use. The CITY retains the ri�ht to direct, from time to ti e, the SPYC as to which
specific areas within the boat storage area shall be open for g eral public access,
provided that any such direction shall meet the need for saf and secure boat storage.
3.4 The CITY will work in good faith to make available
of land that is contiguous Y.o the azea defined in
expanding the Marina Premises. The CITY wi11
SPYC use on or before October 1, 2001, provic
does not obli�ate the City to acquire any pr
nor to vary or infringe any terms or conditi�
additional land sha11 be subject to the terms
part of the Marina Premises, specifica113� t
be re-drawn to reflect the inclusion. Th�
Upper Harbor on the upstream side as ho�
subject to title restriction and is the referra
3.5 The SPYC is aware of the i
to the upper harbor Marina
IslandlLilydale Regional Pa
a reconfiguration of the din
n dditional one-half (.5} of an acre
(upper harbor) for the purpose
this additional area available for
% however, that foregoing requirement
or site by purchase or eminent domain,
�osed by title restrictions. Such
rfid conditions of this Lease Agreement as
boat storage area on Exhibit B, which shall
TY affirms that the property adjacent to the
n on Exhibit B is owned by the City, is not
i site for the expansion referenced herein.
plans to make future improvements and modifications
as as part of a lazger redevelopment of Harriet
acknowledges that such a redevelopment may involve
s and layout of the on-land Marina Premises as they are
illustrated in Exhibit B. I the event that an area is reconfiwred, the CITY will make
land that may be a com nation of the park land that is occupied by the SPYC at the time
when said reconfijur ion is initiated and adjacent public park land in substantially the
same area available the SPYC to be used for the purposes of boat storage and its
maintenance com und in amounts equal to the lands that are available to the SPYC at
the time any suc reconfiwration is initiated (as shown on the existing or a future
modificaCion t Exhibit B). The CITY will work with the SPYC in planning and
yg -
initiating any reconfiguration. If the Marina Premises are reconfiwred at any time,
E�ibit B will be re-drawn to reflect the changes. This clause is independent of 3.4, an
therefore does not in way excuse or substitute for the CITY's obli�ations contained
therein. The fore�oing requuement does not obli�ate the City to acquire any prope or
site by purchase or eminent domain, nor to vary or infrin�e any terms or conditio s
imposed by title restrictions. Land which is included within the Marina Premise under
the terms of this para�raph shall be subject to the terms and conditions of thi ease
A�reement.
3.b All park lands (including parking areas) other than those defined as Ma � a Premises are
not governed in any way, implied or otherwise, by this Lease A�reeme t and remain
under the sole control and jurisdiction of the CITY.
3.7 Both Parties aclmowledge that the CITY's future plans for
Regional Park include a proposed bicycle/pedestrian path a
a bridge is contemplated to span the entrance of the Upper
harbor as it connects the Harriet Island path with those ups
Currently, this path is proposed to pass through azeas indi
Premises. The CITY ab ees to work with the SPYC in a
proposed bridge is designed and built to protect the op ati
Premises, specifically so that it will not interfere with egul�
and out of the upper harbor.
i� e river's edge; and that
or entrance to the upper
;am towards Lilydale.
:d on E�ibit B as Marina
i� provisions so that the
ial functions of the Marina
access by boats moving in
3.8 The area designated for boat starage includes la ds above a storm sewer line that is
maintained by the CITY. If the CITY determi es in its discretion that maintenance or
other work is required on such line or sewer acilities, the SPYC shall move all boats and
other equipment specified by the CITY wi in a reasonable time period as specified by
the CITY. In such an event, the CITY w' 1 assist the 5PYC by identifyittg alternative
areas for temporary boat storage withi existina park lands, but shall incur no financial
obligation for moving such boats and quipment. No improvements or immovable
fi�tures shall be constructed or plac 6y SPYC in any (ocation that would interfere with
repair, replacement, maintenance o other work of such sewer line or reiated facilities
SPYC shall be obligated to cons t with the CITY before constructing any improvements
or fi�tures over or near such se er line. An improvement for the purpose of this
pazagraph and this Lease Agr ement sha11 be a permanent addition to or permanent
betterment of real property at enhances its capital value, and does not include ordinary
repairs or maintenance.
IV
PERIVIITTED USB
4.1 The SPYC shall h e the exclusive privilege of operating a marina facility on Marina
Premises; and to enerally carry on and engage in normal activities which are incidental
to the oneratio of the marina.
c�8-Io38
42
43
V
RENT
5.1 The SPYC shall pay as "Rent" an amount equal to twelve and one-half per ent (12.5%) of
�ross revenues received by SPYC from summer and winter docka�e and torage fees, less
the credit, if any, allowed pursuant to para�raph 5.6 of this Lease Agre ent. Any unused
portion of such credit, if any, shall not be carried over from calendar ar to calendar
year.
5.1.1 Notwithstanding the foregoing or any other term or pr�
A�reement to the contrary except 9 4, SPYC shall pay
the CITY based on the followin� schedule: �
Years 1-10
Years 10-15
Extended Lease Term
>ion of this Lease
annual minimum fee to
$24,000
A sum equal to th five year average of rents
(without reducti n for credits under paragraphs 5.1
and 5.6) paid i years 6-10 ofthe Initial Lease
Term
A sum equ to the five year average of rents
(without r duction for credits under paragraphs 5.1
and 5.6) aid in years 10-15 ofthe Initial Lease
Term.
The minimum fee will be payable
of each yeaz, prorated as and if r�
52
The SPYC may en�age in activities including but not limited to slip rental, launchin�,
haulin� and winter stora�e of boats, sale of fuel and marine supplies and repairs.
The SPYC may not operate or en�a�e in activities related to a commercial repair
nor may it act as a boat dealership or brokera�e.
The SPYC may not increase the
membership status past the currf
for winter storage rates unless it
two installments on June 1 and December 15
�ssary for less than full calendar years.
it offers to its slipholders based on SPYC
znting levels of $200 for dockage rates and $100
written approval from the CITY.
5.3 The CTTY has a right to insp t all books and records pertaining to the operation of the
marina by the SPYC. The TY shall be granted inspection of said books and records by
providing the SPYC with ritten notice, whereby the SPYC shall have fifteen (15) days
to provide such informa 'on to the CITY.
5.4 The SPYC shall reta an external-auditing firm to perform an annual audit of its
financial operation . The audit shall be performed in accordance with generally accepted
accountin� princ les and shall show all revenues received and expenses paid for the
SPYC's opera ons for the previous year. The SPYC shall provide the CITY with a copy
of its annual udit no later than April 15 of the next yeaz following the audit.
� .� • i
SS If an audit for the preceding year shall show a variance between the amount actually paid
and that which is due, that amount shall be either paid to the CTTY by the SPYC no later
than April I S"' of the ne�t yeaz following the audit period if an additional amount is due;
or the SPYC shall be entitled to a credit a�ainst Rent to be deducted from the next
payment due the CITY if an overpayment was made. Provided, however, that if the Lea e
A�reement expires or is temunated and the audit shall determine an overpayment the
final yeaz, the SPYC shall be entitled to a refund from the CITY for overpayment of ent.
In the case of underpayment, 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 pr ects for the
betterment of Marina Premises and Hamet Island park area (where the CI has the
primary responsibility). If the CITY specifically consents in writin� to th estimate and
plans for such work or project submitted by SPYC, the SPYC shall be ntitled to a credit
against its annual Rent payment under paragraph 5. I oFthis Lease Aa eement for such
work performed or such projects undertaken. Credits eamed for t� purpose shall not be
carried over from one year to the following year unless the SPYC eceives written
approval from the CTTY for such carryover. No credit shall be o�ued by the City for any
work or project if such work or project was solely or substanf ly far the benefit of SPYC
or of users of the Marina Premises, or if the benefit to the p lic at large is purely
incidental.
VI
CONSENT TQ
6.1
No improvements or immovable fixtures can be
SPYC on or to the Marina Premises after the C�
consent of the City. The City may require such '
will enable the City to determine whether to�
immovable fixtures.
�, installed, added or constructed by
;ncement Date without the written
nation to be supplied by SPYC as
to any proposed improvements or
6.2 The SPYC shall undertake no reconstru ion, aiterations, repairs or replacements of
existing improvements, fia�tures, faciliE s or equipment on or in the Marina Premises,
which causes �r constitutes a perm nt change in the CITY property underlying the
Marina Premises or adjacent to it, t ereto, without the written consent of the Citp.
63 An improvement for the purpos of para�raphs 6. I and 62 shall be a permanent addition
to ar permanent betterment of eal property that enhances its capital value, and does not
include ordinary repairs or 'ntenance.
6.4 The CITY's response to � request for consent under paragraphs 6.1 and 62 shall be given
in a reasonable time. Tf�e consent of the CITY shall not be unreasonably withheld.
ys �a3$
VII
COVENANTS AND UNDERTAKING
7. I
The Parties covenant, agree and acknowledge that each shall provide the followin�
equipment and services:
7. I.1 The CITY shall provide and maintain a travel lift 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
writing of any conditions requirin� attention as may be required to co
the obligations under Lease Agreement. �
� tn
with
7.1.3 The SPYC shall undertake no major improvements, construction�r alterations to
Marina Premises without the prior review and approval of the C'j�TY.
iter craft on the area
f o SPYC slip holders
written approval by the
a space available basis
boat storage area so that
�t to the obligation of
n under pazagzaph 72.1
of this Lease Agreement. The fore�oing obligat n of the City does not create or
vest in any third party or user of the Marina P emises a right or cause of action
against the City arising out of the condition f the boat storage area.
7.1.5 The SPYC will keep the area designated or boat storage clear of boats and other
equipment in order to make it available or other uses during the period beginning
7une 10 and ending September 10 of ach year Any SPYC boats that are required
to be on land for maintenance purp ses or that are otherwise not in the harbors
during this specified time will be nfined to a portion of the boat storane area as
identified by t}ie SPYC and the TY.
7.1.4 The SPYC shall be permitted to store boats and other
designated on E�ibit B. Winter storage shall be avai
only. The SPYC may, if agreed to and authorized by
CITY, store boats other than those of its slip holders �
The City shall maintain and repair the surFace of the �
it is suitable for the transport and storage of boats, ul
SPYC to maintain the Marina Premises in a saf'e nd-
7.1_6 The CITY shall provide the YC witb the CITY's accident report farms. These
forms shall be completed b SPYC representatives in instances where accidents
on or near the Marina Pr �ses are reported to or witnessed by SPYC
representatives. The SP C shall deliver completed reports to the CITY within
five working (5) days ollowing an accident on or near the Marina Premises.
7. I.7 The SPYC hereby grees to defend, indemnify and hold the CITY and any of its
officers, agents a d employees harmless from any claims, damages, or causes of
action arising fr m the use and operations of Marina Premises by SPYC, its
agents, officer , or employees. The SPYC sha11 provide at its own cost and
7
q8- /03�
expense, liability insurance naming the CITY as an additional insured thereon.
Insurance shall cover injury to persons or property in an amount not less than the
liauts of the CITY's liability as set forth in Minn. StaY. §466_O1 et seq (cunently
$30Q000 individual, $750,000 a��regate, with the a��re�ate limit increasin� to
$1,OOQ000 on January 1, 2000). SPYC shall provide evidence of such covera�e
to the CITY aanually. Nothing in this provision shall be construed in any ma e
as a waiver by the CITY of its statutory limits of liability, immunities or
exceptions. SPYC shall be obligated to maintain such coverage in full force nd
effect at all times that this Lease A�reement is in effect, and failure to do shall
be a breach thereo£ f
7.1.8 All assets present and future paid for and owned by the SPYC,
an improvement or immovable fixture on the Marina Premises,
remain the property of the SPYC unless otherwise agreed to in
Parties (i.e. docks, Iifrs, trailers, temporary buildings, blocking,
above ground gas tanks and piping, and tools and equipment).
items provided by the SPYC as such improvements or immo 1
as
(ting by the
nds, spuds,
;sent and future
fixtures (i.e.
pilings, dolphins, utility fixtures, and below ground tanks lines) shall remain
as such on the Marina Premises.
7.1.9 The SPYC shall act as the primary rental agent for tr sient boaters at Harriet
Island Regional Park All transient fees collected by he SPYC will be retained by
the SPYC.
7.1_10 The CITY will manage the Public Dock in accgfdance with the provisions found
in Exhibit C. /
7.1.11 This Lease Agreement does not exempt t SPYC or its members from park rules
and rea lations, except as may be provi ed elsewhere in this Agreement
7.1.12 The SPYC may neither operate nor mmission the operation of vending
machines that are located on pre � es visible to andlor accessible by the general
public withouC the consent and w itten authorization of the CITY.
71.13 That in cases of emer�ency o disaster such as flood or other natural act, SPYC
will vacate Marina Premises �f required and otherwise cooperate with directives
from the City's Superinte ent of Parks and Recreation, Fire Chief, Police Chief
or other City official del gated such power due to the emergency. Related costs
shall be borne by SPY unless otherwise negotiated. Further, SPYC will make
no claim against the ity for lost revenues or added expenses due to this
temporary relocati n.
9�-�038
72 The SPYC specificatty covenants and a�rees;
72.1 To maintain Marina Premises in a safe, ctean and orderly condition.
72.2 To inspect all docks on a rewiar basis to insure that they are in a safe con � ion.
The SPYC shall repair any conditions that cause the docks to be unsafe soon as
possible.
723 To keep the Marina Premises free of litter and accumulated trash. leanup of the
site shall be accomplished on a twice-weekly basis.
72.4 To store all equipment and other materials present on the Ma na premises in an
orderly manner so that the appearance of the facility is cle and or�anized.
72.5 To cut the grass and maintain the immediate banks of �ssissippi River to the
waterline adjacent to Marina Premises, marina pazkinQ areas and boat storage
areas as defined in Extubit A and B. Tree mainten e and removal will remain
the responsibility ofthe CITY.
72.6 To provide an adequate number of trash recept cles in hazbors of Mazina Premises
to accommodate debris generated by boat ow ers and their visitors to the marina
and be responsible for the removal of that t sh.
72.7 To maintain in safe and good condition e steps and access to docks in both boat
harbors.
72.8 To provide adequate lighting for d cks in both harbors.
729 To install public telephones ac ssible to boaters and visitors to the marina in
each harbor.
72.10 To furnish temporary
seasonal dockage for
for transient boaters visiting Saint Paul and
applicants and SPYC members.
7.2. I 1 To furnish a minimu of I50 and a maYimum of 175 boat slips as determined by
the SPYC . The m ximum number of slips may not exceed the permit as issued to
the CITY by the innesota Department of Natural Resources.
7.2.12 To not enter i o any business of constructing motor boats or other craft in the
harbors aro d Harriet Island or adjacent land. Marina leaseholders with
approved ckage may engage in minor boat repair to their watercraft in the
marina, wever any major boat repair work must be approved by the SPYC.
98-/0�8
7.2.13 To engage in dock construction, painting, sandblastin� in order to paint, weldin�,
carpentry and other maintenance activities incidental to operatin� a marina. T e
SPYC and the CITY shall jointly determine an area where this work may o cur.
In addition, the SPYC shall provide a weather proof building to facilitate 's
work to be located as a�reed to between the CITY and the SPYC.
72.14 To cooperate with and provide such facilities that are necessary
for CITY's Fire Department Harbor Patrol, U.S. Coast Guard,
Auxiliary and Ramsey County Sheriff Water Patrol.
Guard
72.15 To maintain and use a marina fuel stora�e and dispensing sys m. Said system
shall be under the direction and control of the SPYC and th SPYC shall be
responsible for the periodic, legally approved, testing of t
be responsible for the day to day maintenance of the t
operating condition. The SPYC shall provide jasoline o
during rewlar hours during the boatin� season and b pri
SPYC shall be responsible for any spill or dama�e t land
andlor any subsoil cleanup ordered by appropriate uthor
� tank The SPYC shall
to keep it in good
sale to the boaters
�r appointment. The
adjacent to the tanks
72.16 That the SPYC shall provide the CITY with a py of all agreements or contracts
between the SPYC and any party who will as �st the SPYC in carrying out the
stipulations of this Agreement.
72.17 To not rent space to any individual or en ty whose primary purpose is to conduct
business at that location, or allow any its membership to temporarily or
permanently conduct retail or comme ial transactions within the marina harbors.
This does not preclude slip holders om entertaining guests, nor does it prohibit
slip holders from conducting perso al business or work related to their
employment while on their boat.
72.1 S To designate safe parking are s for automobiles in the westernmost Upper Harbor
parking lot while the SPYC �s moving boats.
72.19 To provide a pump out f cility for all boaters use during regular hours of the
normal boating season.
72 20 To remove all mazi boaters' and visitors' discarded materials, parts and various
debris to maintain e boat storage, work and parking area in a clean and good
condition in both�harbors all on a twice-weekly basis.
7221 To conform tQ� City, State and Federal safety, health, accessibility and
environment�l laws and to cooperate with the appropriate agencies to achieve
such objectk�es.
10
y�-�a38
7.222 To compiy with State and Federal fair employment practice laws prohibitin�
discrimination on the basis of an applicant's age, sex, race or physical status.
also applies to persons seekin� memhership in the SPYC. ,
72.23 To use the SPYC policy (e�ibit D) which has been approved by the C�Y, that
sets up criteria for slip assignments at the Marina. Further, it is understood that
residents of the City of Saint Paul on the waiting list by January 15`�,of each year
shall be offered slips at the Marina each year before slips are offer to non-Saint
Paul residents on the waiting list: Pendin� the Saint Paul applic�meeting other
slip assignment requirements.
7224 The SPYC will annually furnish the CITY with a roster of i Board Members and
Lease Holders prior to 3une 1 of each year of this Agree nt.
7.225 To furnish the CITY with its proposed rates, includina any related discounting, for
dockage, storage and other services on or before M ch 1" of each calendaz year.
The CITY shall have the right to approve or disap ove of these rates and
discounts. The CITY shall not act arbitrarily or easonably withhold its
approval of the SPYC proposed rate or discou ng structure. If the CITY fails to
respond to the SPYC to either approve or dis pprove of said rates and discounting
within 30 days of its receipt of the proposed ate schedule, the proposed rates and
discounts shall be deemed approved by the CITY.
72.26 The SPYC agrees that its ability to p
this Agreement shall not be hindered
and that it has made all reasonable,
rf rm and fulfill a11 of its obli�ations under
delayed by the advent of the year 2000
ligent and affirmative efforts to insure the
same SPYC specifically agrees th t, in addition to all other indemnifications
obligations undertaken pursuant this Agreement, it will also indemnify the City,
its officers, employees or agent , from all suits, actions or claims whether brought
by the City or by third parties, n any way related to the advent of the year 2000
causing failure to carry out t e terms of this Agreement.
7 227 That it shall not, in
regulations, pollute
Hazardous Wastes,
Mississippi River, a
wests, transieut bo
such discharge or�
discharge or
regulations,
with all appl:
ordinances,�
laf n of any applicable federal, state or local laws or
y ir, soil or ground waters, or dischazge or release any
, into, on, over or adjacent to the Marina Premises or the
that it shall take reasonable steps to prevent all members,
rs and other users of the Marina Premises from doing so. Any
�tion, or failure to take reasonable steps to prevent such
which is in violation of any such applicable laws or
be a breach of this Lease A�reement. The SPYC shall also comply
� federal, state and local laws and regulations, including City
ng to the control, handling, discharge or release of said Hazardous
Wastes, failure so to do shall be a breach of this Lease Agreement. In addition,
SPYC sh, 1 be obligated to use the Minnesota Pollution Control Agency Fact Sheet
11
9� �a38
#424 "Mana�in� Marina Waste", published April 8, 1996, as a general �uideline,fbr
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 future updates are available and known. �
7228 Hazazdous Wastes, for the purpose of paragraph 7227 above, shall he and include
all dan�erous, to3cic or hazardous contaminants, pollutants, che cal wastes or
substances as defined in applicable federal, state or local laws or re�tions, as those
may be amended from time to time. �
7.3 The CITY specifically covenants and agrees:
73.1 To provide material and supplies in such amounts and qu tities as the CITY shall
determine adequate for trees, shrubs, benches, si�nag , portable toilets, asphalt,
�ravel, grass, snow removal, police security, security ences, lighting and fire and
emergency services.
732 To provide electrical, telephone, water, sewer (to b available sometime in 1999} and
natural gas service on the leased premises with a ailable access for installation and
hook up of marina faciliries The SPYC is respo sible for payment of all related bills
based on its usage and consumption of s�d utilities for the duration of this
Agreement.
73.3 To maintain parking within Harriet Isla d Regional Park that serves the marina
premises as well as other areas and at actions within the park The CITY will
maintain access thereto for boat owner at all times, including during special events,
and properly inform the SPYC of airy event that could hamper in any way access to
the leased premises. The CTTY 11 develop and administer a parking plan for
Harriet Island Regional Pazk that a) reserves 25 parking spaces for use by live-
aboard slip holders, and (b) ac ommodates the need for SPYC members and
authorized guests, as recognize y the CITY, to puk vehicles overnight in the Park,
providing as well for the nece,ssary related ingress to and egress from the Marina
Premises. /
7.3.4 To allow up to 175 slips fbr dockage, includin� 25 slips for year round live aboard
usage. �
73.5 To maintain the appro riate permits for the location and operation of a marina at the
leased premises that ay be required by law and to transfer all appropriate rights to
said permits to th SPYC for the duration of this lease. The CITY shall provide
copies of all such ermits to the SPYC.
73.6 To �ive the SP�'C prior notification of and provide for consultation with the SPYC
concerning a�d CITY projects which may affect the normal operarions of the SPYC,
increase tha�SPYC's expenses, or cause a loss of revenue to the SPYC.
12
y�-� a.��
VIII
ADMINISTRATION
8.1 For the purpose of the administration of this Lease A�reement, the CTTY's repre�ntative
shall be the Superintendent of Parks and Recreation and the SPYC's representati e shall be
its Commodore. No other person except the Commodore of the SPYC may bi the SPYC
to any issue or undertaking by the SPYC under this Lease Agreement.
IX
DEFAULT/REMEDY
9.1 This Lease Agreement may be terminated at any time by mutual ass nt of the Parties.
92 In the event that either party fails to perform any of the terms r conditions of this Lease
Agreement, or violates any term or condition thereof, such f ilure or violation shall be a
breach of the said AgreemenY. In the event of such a breach, t e other party may give written
notice of the breach to the party in breach. If the breach as not been cured or remedied
within thirty (30) days following the giving of such w'tten notice, the other party may
tenninate this Lease Agreement in its entirety
9.3 In the event any provision contained in this Agree ent should be breached by either party
and said breach thereafter waived by the other p rty, such waiver shall be limited to the
particular breach so waived and sha11 noe be dee ed to waive any other breach hereunder.
9.4 That neither Party will make any claim and waives any right against the other Party on
account of any loss or damage caused by ac of God, such as fire, water, windstorm, floods,
freezing gas, electric wires, �uar, civil un st and other acts of God affecting the leasehold
property in connection with its operatio . The minimum rent speeified in paragraph 5.1.1
of this agreement shall be abated in y period during which the SPYC's operations are
halted on account of such acts of Go as described within this paragraph.
9.5 I3o remedy herein confened up or reserved to either party under this Agreement is
intended to be exclusive of any her available remedy or remedies, but each and every such
remedy shall be cumulative an� shall be in addition to every other remedy given under this
Agreement or now or here er e�isting at law or in equity or by statute. No delay or
omission to exercise any ri t or power accruing upon any default shall impair any right or
power or shall be const ed to be a waiver thereof, but any such right and power may be
exercised from time to t�me and as often as may be deemed expedient.
9 6 No provision in this
of eminent domain
that any exercis�
requirements pe air
shall preclude the CITY from exercising its lawful power
ver the leasehold estate established herein, or any part thereof, provided
said power shall be in accordance with all statutory and constitutional
in� thereto.
13
�1�'�Ia38
9.7 This Lease Agreement shall be construed under the laws of the State of Minnesota; and if an�
provision or portion thereof, or the application thereof to any person or circumstances s�all,
to any extent, be invalid or unenforceable, the remainder of this Lease Agreement sha�1 not
be affected thereby, and each provision of tYus Lease A�reement shall be va�"id and
enforceable to the fullest extent provided by law. %
X
NOTICES
10 1 Any notice, statements, bills or communications provided for he
sufficiently given or rendered if in writing and either delivered to the
or sent by certified mail address to the other return-receipt postage�
AS TO CITY
AS TO 5PYC
shall be deemed
� Party personally
d as follows:
- Superintendent of Parks a d Recreation
City of Saint Paul
300 City Hall Annex
25 W. 4 Street
Saint Paul, NIN 551 2
- Commodore, St. aul Yacht Club
Harriet Island
100 Yacht Cl Road #B 1
Saint Paul, 55107-2030
or such other address as the respective Parties s 11 designate ln writing. The time of aiving
such notice or communication sha11 be deem to be the time when the same is actually
delivered to the other Party.
11.1 Cavtions and Headine. The captions �nd headings used herein are intended only for the
convenience of the reference and are s�t to be used in construing this Lease.
ll.2. Entlre Agreement. This Lease Aa eement constitutes the full and complete agreement
between the Parties hereto an there are no other terms, obligations, covenants,
representations, warranties or co ditions other than contained herein.
14
98-lv�8
IN WITNESS HEREOF, the Parties have caused this Lease A�reement to be
delivered in duplicate as of the date appearin� on pa�e one hereof.
. . . . �i��iT6'�C� � ' ►
City Attorney
CITY OF SAII�T PAUL:
Mayor, City of Saint
Superintendent
Financial
and Recreation
Director
PAUL YACHT CLUB:
G:ASP\W P�AGREEMNY1Yaaht Club Luse
Commodore
and
15
y8-l03S
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98�ia38
Exhibit C
(Criteria governin� the management and use of the Public Dock)
11 Transient Boats The Public Dock will not function as competition for the SPYC transient boat
business. Overniehting boats will be located in the marina harbors whenever
possible. Ovemi�htin� boaters that are registered overnight wests at the
floating bed & breakfast will be permitted to overni�ht their boats on the
Public Dock
In the event that a transient boat must overnight on the dock (late anivals, full
hazbors), it will be permitted on the outside edge of the dock only.
The SPYC will retain all transient fees that it collects.
21 Use of the Boats that may tie-up to the inside of the dock will be limited to those of
Inside of Dock a maximum width of 10 feet (see attached illustration). Larger boats may tie
up to the outside of the dock only.
Overnighting in most cases will be limited to the outside of the dock. Tlus
is to avoid navigational conflicts with the neighboring SPYC dock.
3�Locatina Facilities The CITY will not locate a restaurant or other public facility along the inside
edge of the dock other than in the area beginning from where the dock meets
the shore to the point where the inside edge of the dock first drops to a lower
tier (see attached illustration).
The City will limit the width of facilities to be located within this defined
area to a maximum of 34 feet This is to minimize potential na�igational
conflicts with boats located along the neighboring SPYC dock
The potential location of any facility along the outside edge of the dock is not
affecCed by these criteria
4 Sitrna e The CITY will post signage reflecting the previous information as well as
dock hours (not to exceed park hours), reporting procedures for transients,
etc.
The CITY will work with the SPYC in developing and locating signa�e
16
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LEASE AGREEMENT
This Lease, effective as of
, 1998 by and between:
� CITY OF SAINT PAITL, hereinafter called `CITY"
.�.
SAINT PAUL XACHT CLUB, INC., hereinaftei called
hereinafter jointly calied "Parties", and also individually cailed " arty".
WITNESSETH:
WHEREAS, the CITY is the owner of certain reai es e adjoining the Mississippi River
commonly known as Harriet Island wtrich contains a"Low Hazbor" outiined by a black dashed
line on attached E�chibit A and °Upper Harbor" outlined a black dashed line on attached
Eachibit B; and
WHEREAS, the CITY as Lessor, and th PXC entered into a certain Lease Agreement
dated June .1, 1992 whereby the SPYC was gr ted the right to operate a marina facility on said
Lower and Upper Harbors of Harriet Island Marina Premises"); and
WHEREAS, since June 1, 1992 ertain changes have occurred and are underway which
will enhance Hazriet Island as a recre onal facility which precipitates a new Lease Agreement
between the Parties to accommoda the changes to Harriet Island; and
WHEREAS, the
Agreement for Marina P
June l, 1992.
ielieve it is in their mutual best interest to enter the within Lease
which will replace and supersede the Lease Agreement dated
STATEMENT OF PURPOSES
PARTIES
and confirm:
Both�arties desire to provide safe and afTordable boating to the public at Harriet Island
and ave worked cooperatively to accomplish this objective at Hamet Island since 1912;
Both Parties desire to use Haniet Island park azea as efficiently as possible, be
environmentally sensitive and to maintain an aesthetically beautiful public attraction; and
o) g -�o��
II
TEKM
The term of this Lease shall be for fifteen (15) years ("Initial Le se Term"), commencing on the
first day of the month immediately following the execution of 's Lease Agreement. By way of
example, ifLease Agreement is signed on the 10�` of Septe er, the "Commencement Date"
shall be October 1.
The SPYC may request to renew this Lease Agree nt for an additional 15-yeaz tenn ('Bxtended
Lease Term"), at tlie expiration of-the Initial Leas erm. The SPYC may request this extension
upon delivery,of written notice to the CITY by e posting of certified mail on or before the last
day of the 14�` yeaz of the Initial Lease Term. he CITY may not unreasonably or arbivarily
withhold its approval of the request and wil eatend tlus Lease for an additional period of 15
years unless the SPYC has failed to meet � s obligations and covenants as described in this
Agreement. All terms and conditions o this Lease Agreement applicable to the Initial Lease
Term may remain in effect for the E nded Lease Term, except for such other provisions and
The CITY is under title restriction on Harriet Island limiting the use of the land for
certain permitted recreational uses; and
The CITY has been issued certain permits for the operation of a marina facility on Marina
Premises of Harriet Island; and /
The SPYC has occupied I�arriet Island since 1912, during which time the SP C has
continually satisfied the public recreational use criteria by providing public cess for
recreational boating, docking and boat storage for the citizens of Saiut P 1; and
The PARTIES believe it is in the best interest of the public for the SP C to continue to
operate a marina facility on Marina Premises of Aarriet Isiand.
conditions as the Parties shall
3.1
Marina Premises
Harriet Isiand Re
/ III
MARINA PREMISE5 DEFINEA
azeas commonly refened to as the lower and upper hazbors of
3.2
Puk as illustrated in Erlubits A and B.
The Marina P mises remain public spaces, however, the publid s access to certain areas
may be pro ' ited for reasons of public safety and basic security concerns. The SPYC
may, by a orizaUOn by the CITY as part of this Agreement, prohibit general public
access to ts docking areas (indicated by blue lines on E�ibits A and B) and maintenance
compo nd (indicated by red lines on E�ibit B).
q �-(osr
3.3 The area designated for boat storage is indicated by green lines on Exhibit B. Public
access to this area may be regulated for reasons of public safety in azeas where boats are
being stored. In areaswhere boats aze not stored and at times of the yeaz when boats aze
not being stored, pu6lic access will not be impeded and the azea will be availabie for use
for managed parking for special events as well as general park use.
3.4 The CITY will work in good faith to make available an additional one-haif (.5) of an acr
of land that is contiguous to the azea defined in e�ibit B(upper hazbor) for the purpo e
e�;panding the Marina Premises. The CITY will make this additional area available r
SPYC use on or before October 1, 2001. At such a time when the land is made a� able
it will function in the same manner as the defined boat storage area, and E�chibit will be
re-drawn to reflect the inclusion of the land into the Marina Pretnises.
3.5 The SPYC is awaze of the CITY's plans to make future improvements an modifications to
the upper harbor Marina.Premises as part of a larger redevelopment of arriet
Island/Lilydale Regional Park and acknowledges that such a redevelo ent may involve a
reconfiguration of the dimensions and layout of the on-land Marina remises as they are
illustrated in E�ibit B. In the event that an area is reconfigured, e CITY must make no
less land a�ailable to the SPYC to be used for the purposes
maintenance compound (as shown on E�ibit B) tlian what
such reconfiguration is initiated. The CITY wiil work wit�
oat storage and its
✓ailable to it at the time any
SPYC in planning and
initiating any reconfiguration. If the Marina Premises az reconfigured at any time,
E�ibit B will be re-drawn to reflect xhe changes. Thi clause is independent of 3.4, and
therefore does not in way excuse or substitute for t CITY's obligations contained therein.
3.6 All park lands (including pazking azeas) other t those defined as Marina Premises are
not govemed in any way, implied or other�vis , by tlus Lease Agreement and remain
under the sole control and jurisdiction of th CITY.
3.7 Both Parties acknowledge that the CIT s future plaus for Hamet Island/Lilydale
Regional Park inciude a proposed bac le/pedestrian path along the river's edge; and that
a bridge is contemplated to span th entrance of the Upper Harbor entrance to the upper
harbor as it connects the Harriet I and path with those upstreazn towards Lilydale.
Cuzrently, this path is proposed o pass through azeas ind'acated on ESChibit B as Marina
Premises. The CITY agrees t work with the SPYC in making provisions so that the
praposed bridge is designed
Premises, specificaliy so th
and out of the upper haz r.
nd built to protect the operational functions of the Marina
it will not interfere with regulaz access by boats moving in
3.8 The area designated f r boat storage includes lands above a storm sewer line that is
maintained by the partment of Public Works. If fixture maintenance work is required
on this line, the S C must respond to related requests from the CITY to clear the area
necessary to ac mplish needed maintenance. In such an event, the CITY will accept
identify aitemative areas for temporary boat storage.
d�g-10�
�v
PERMITTED USE
4.1 The SPYC shall have the exclusive privilege of operating a marina facility on Marina
Premises; and to generally cazry on and engage in noimal activities wluch aze incidental
to the operation of the marina. �
�
43
The SPYC may engage in activities including but not limited to slip rentai,
hauling and winter storage of boats, sale of fuel and marine supplies and rE
The SPYC may not operate or engage in activities related to a commercial
nor may it act as a boat dealership or brokerage. �
V
RENT
5.1 The SPYC shall pay as "Rent" during the Initiai Lease Term
Term if e�tended) an amount equal to twelve and one-half p
that the SPYC shall receive as income from Rent of summeX
storage.
garage
( the Extended Lease
: ent (12-1/2%) ofrevenues
and winter dockage and
5.2 Rent to be paid pursuant to the preceding paragraph .1 shall be based upon income for a
calendar year basis, 7anuary 1 to December 31, an shali be payable in two installments.
The first installment,-based upon estimated one- a1f ('/z) of revenues for the particular
year, shail he payable on 7une 1 of that yeaz; d the balance, based upon estimated
revenue for the full yeaz, shall be payable o ecember 15 of each calendar yeaz.
53 The CITY has a right to inspect all boo and records pertaining to the operation of the
marina by the SPYC. The CITY sha11 e granted inspection of said books and records by
providing the SPYC with written no ce, whereby the SPYC shall have fifteen (15) days.
to provide such information to the ITY.
5.4 The SPYC shall retain an eate al-auditing firm to perform an annual audit of its
financial operations. The au ' shall be performed in accordance with generaily accepted
accounting principles and s 1 show all revenues received and expenses paid for the
SPYC's operations for th previous yeaz. The SPYC shall provide the CITY with a copy
of its annuai audit no lat than April 15 of the next yeat following the audit.
5.5 If an audit for the pre eding yeaz shall show a variance between the amount actually paid
and that which is d, that amount shall be either paid to the CITY by the SPYC no later
than April 15"` of e nea�t year foilowing the audit period if an additional amount is due;
or the SPYC sh be entitled to a credit against Rent to be deducted from the next
payment due t e CITY if an overpayment was made. Provided, however, that if the Lease
Agreement e pires or is terminated and the audit sha11 determine an overpayment the
final year�e SPYC sha11 be entitied to a refund from the CITY for overpayment of Rent.
In the ca of underpayment, the SPYC will pay the CITY the amount of the
0
��r'O
�
FLTTURE IIvIPROVEMENT
61 The SPYC may propose to the CITY that it will perform certain imprc
projects for the betterment of Mariva Premises and Harriet Island par
CITY has the primazy responsibility). The CITY must specifically co
each improvement and/or groject in order that the SPYC shall be enti
work performed. The SPYC will provide an estimate for each proje
CITY agrees that the SPYC shall perform the improvement andlor r
7.1
equipment and services:
k azea here the
nse in writing for
tl to a credit for
proposed and if the
oiects, the SPYC
shall be enufled to a credit based on the approved estimate. Cre ts eazned from tkas
work shall be deducted from Rent owed to the CITY from tim to time. Credits earned
for this purpose shall not be carried over from one year to the ollowing year unless the
SPYC receives written approval from the CITY for such c over.
VII
COVENANTS AND LTNDERT G
The Parties covenant, agree and acknowledge that ach shall provide the following
7.1.1 The CITY sha11 provide and maintain y d travel lift well and the SPYC sha11
provide, operate and maintain the tr�el lift.
7.1.2 The CITY shall periodically insp t the marina facility and inform the SPYC in
writing of any conditions requi � g attention as may be required to comply with
the obligations under Lease A reement.
7.13 The SPYC shall undertake o major improvements, construction oz alterations to
Marina Premises without e prior review and approval of the CIT`I'.
7.1.4 The SPYC shall be pe 'tted to store boats and other watercraft on the azea
designated on E�ib' B. Winter storage shali be available to SPYC slip holders
only. The SPYC y, if agreed to and authorized by the written approval by the
CITY, store boat other than those of its slip holders on a space available basis.
The CITY shall e responsible for maintaining the surface of said boat storage
azea in a safe, equate condition suitable for the transport and storage of boats.
1.1.5 The SPYC il1 keep the azea desi�nated for boat storage clear of boats and other
equipment n order to make it available for other uses during the period beginning
June 10 d ending September 10 of each year. Any SPYC boats that are required
to be o land for maintenance purposes or that aze othenvise not in the hazbors
durin his specified time will be confined to a portion of the boat storage area as
ident ed by the SPYC and the CITY.
qg . �
7.1.6 The CITY shall provide the SPYC with the CITY's accident report forms. The
forms shall be completed by SPYC representatives in instances where accid s at
the marina are reported to or witnessed by SPYC representatives. The S C shall
deliver completed reports to the CITY without unreasonable delay.
7.1.7 The SPYC hereby agrees to defend, indemnify and hold the
officers, agents and employees harniless from any claims, d<
action arising from the use and operations of Marina Premis
agents, officers, or employees. The SPYC shall provide at1
e�ense, liability insurance naming the CITY as an ac
Insurance shail cover injury to persons or property in
limits of the CITY's liability as set forth in Minn. Stat
$300,000 individual, $750,000 aggregate, with the
$1,000,000 on January i, 2000). SPYC shall pr�
to the CITY annually. Nothing in this provision ha]
as a waiver by the CITY of its statutory limits
exceptions. �
7. I.8 The SPYC sha11 have the right of first
of land bordering on the SPYC leaseh
directly related to that of the Marina,
not in any way prolubit the CITY fr r.
other than slip expansion without rst
mentioned purpose.
CITY d any of its
ma s, or causes of
� y SPYC, its
.s own cost and
iiti nal insured thereon.
amount not Iess than the
466.01 et seq (currently
;regate limit increasing to
evidence of such coverage
be construed in any manner
liabality, immunities or
re al if the CITY offers the lease or sale
� (e.g. Raspberry Island) for purposes
ecifically slip expansion. This right does
i entering into a lease or sale for a purpose
offering it to the SPYC for the before
'7.1.9 All assets present and future aid for and owned by the SPYC, unless fumished as
a pennanent improvement premises, shall always remain the property of the
SPYC unless otherwise eed to in writing by the Parties (i.e. docks, lifts,
trailers, temporary buii ngs, blocking, stands, spuds, above ground gas tanks and
piping, and tools and quipment). Present and future items provided by the SPYC
as permanent impro ements (i.e. pilings, dolphins, utility fixtures, and below
ground tanks and 1� es) shall remain as such on the premises.
7.1.10 The SPYC
Island Regi
the SPYC.
7.1.11 The
in E
�act as the primary rentai agent for transient boaters at Harriet
Park. All transient fees collected by the SPYC will be retained by
manage the Public Dock in accordance with the provisions found
7.1.12 This reement does not exempt the SPYC and its individual members from park
rules d regulations, unless otherwise stipulated. The CITY will a11ow vehicles
of S YC members and guests that have a properly displayed pernut to be parked
ov rnight wit2un the pazk, and also acknowledges the need for in�ress and egress
f r persons trave]ing into and out of the Marina Premises during hours that the
azk is otherwise closed .
q �_� o z�'
7. i.13 The SPYC may neither operate nor commission the operation of vending
machines that are located on premises visibie to and/or accessible by the �
public without the consent and written authorizarion of the CITY.
7.1,14 That in cases of emergency or disaster such as flood or other natural
SPYC
will vacate Marina Premises if required and otherwise cooperate wit directives
from the City's Superintendent of Pazks and Recreation, Fire Chie , Police Gluef
or other City official delegated such power due to the emergen . Related costs
shall be borne by SPYC unless otherwise negotiated. Furthe , SPYC will make
no claim against the City for lost revenues or added expe s due to this
temporazy relocation.
72 The SPYC specifically covenants and agrees;
7.21 To maintain Mazina Premises in a safe, clean and
7.22 To inspect all docks on a regular basis to i
The SPYC shall repair any conditions that
possible.
7.23 To keep the Marina Premises free of
site shall be accomplished on a regul�
7.2.4. To store all equipment and other
orderly manner so that the appefE
condition,
hat they are in a safe condition.
the docks to be unsafe as soon as
and accumulated uash. Cleanup of the
iais present on the Marina premises in an
of the facality is clean and organized.
72.5 To cut the grass and maint ' the immediate banks of Mississippa River to the
waterline adjacent to Mar Premises, marina parking areas and boat storage
areas as defined in E�i t A and B. Tree maintenance and removal will remain
the responsibility of CITY.
7.2.6 To provide an ade ate number of trash receptacles in hazbors of Marina Premises
to accommodate ebris generated by boat owners and their visitors to the marina
and be respons� le for the removal of that trash.
'7.2.7 To mait
hazbors.
7.2.8 To
safe and good condition the steps and access to docks in both boat
adequate lighting for docks in both harbors.
72.9 To �nstall public telephones accessible to boaters and visitors to the marina in
e h hazbor.
72.1 To fumish temporary dockage for transient hoaters visiting Saint Paul and
seasonal dockage for approved applicants and SPYC members.
�It�(��
7.2.11 To fumish a minimum of I50 and a m�imum of 175 boat slips as determined by
the SPYC . The maximum number of slips may not exceed the permit as issued 1
the CITY by the Minnesota Department ofNatural Resources. /
7.2.12 To not enter into any business of constructing motor boats or other craft i the
harbors around Harriet Island or adjacent land. Marina leaseholders wi
approved dockage may engage in minor boat repair to their watercr n the
marina, however any major boat repair work must be approved by t e SPYC.
72.13 To engage in dock construction, painting, sandblasting in order o paint, welding,
carpentry and other maintenance activities incidental to oper g a marina. The
SPYC and the CITY shall jointly determine an area where t s work may occur.
In addition, the SPYC shall provide a weather proof buil ' g to facilitate this
work to be located as agreed to between the CITY and e SPYC.
7.2.14 To caoperate with and provide such facilities that az necessary and appropriate
for CITY's Fire Department Harbor Patrol, U.S. C ast Guard, Coast Guard
Auailiary and Ramsey County Sheriff Water Patr .
7.2. I S To maintain and use a marina fuel storage and ispensing system. Said system
shall be under the direction and control of t SPYC and the SPYC sha11 be
responsible for the periodic, legally a�
be responsible for the day to day maii
operating condition. The SPYC shati
during regular hours during the boati
5PYC shall be responsible for any s i.
and/or any subsoil cleanup ordere b5
7.2.16 That the SPYC shall provide
between the SPYC and any,�
stipulations of this
testing of the tank. The SPYC shall
of the tank to keep it in good
gasoline for sale to the boaters
g season and by prior appointment. The
! or damage to land adjacent to the tanks
appropriate authorities.
CITY with a copy of all agreements or contracts
who will assist the SPYC in carrying out the
7.2.17 To not rent space to individual or entity whose primary purpose is to conduct
business at that loca 'on, or allow any of its membership to temporarily or
permanently cond t retail or commercial transactions within the marina harbors.
This does not pr lude slip holders from entertaining guests, nor does it prohibit
slip holders fro conducting personal business or work related to their
employment �le on their boat.
7.2.18 To design e safe parking areas for automobiles in the westemmost Upper Harbor
parking t while the SPYC is moving boats.
7.2.19 To pr�bvide a pump out facility for all boaters use during regular hours of the
boating season.
a�g -
7.2.20 To remove all marina boaters' and visitors' discarded materials, parts and vari
debris to maintain the boat storage, work and pazking azea in a clean and go <
condition in both harbors.
7.2.21 To conform to City, State and Federal safety, health, accessibility an
environmental laws and to cooperate with the appropriate agencies o aclueve
such ob}ectives.
7.2.22 To comply with State and Federai fair employment practice ws prolubiting
discrimination on the basis of an applicant's age, se�c, race r physical status. This
also applies to persons seeking memberstup in the SPYC
7.2.23 To use the SPYC policy (exlubit D) which has been a proved by the CITI', that
sets up criteria for slip assignments at the Marina. F rther, it is understood that
residents of the City of Saint Paul on the waiting li by January 15`" of each year
sha11 be offered slips at the Marina each year bef e slips are offered to non-Saint
Paul residents on the waiting list: Pending the 'nt Paul applicant meeting other
slip assignment requirements.
72.24 The SPYC will annually fumish the CITY ith a roster of its Board Members and
Lease Holders prior to June 1 of each ye of this Agreement.
72.25 To furnish the CITY with its propos rates for dockage, storage and other
services on or before Mazch l�` of ch calendar year. The CITY shall have the
right to approve or disapprove of hese rates. The CITY shail not act arbivarily or
nnreasonably withhold its appr al of the SPYC proposed rate structure. If the
CITY fails to respond to the YC to either approve or disapprove of said rates
witlun 30 days of its receipt f the proposed rate schedule, the proposed rates shall
be deemed approved by t CITY.
1.2.2b The SPYC agrees that ts ability to perform and fulfill all of its obli�ations under
this Agreement sha11 ot be hindered or delayed by the advent of the yeu 2000
and that it has mad all reasonabie, diligent and af£irmative efforts to insure the
same. SPYC spe ifically agrees that, in addition to all other indemnificauons
obligations und aken pursuant to this Agreement, it will also indemnify the City,
its officers, e loyees or agents, from all suits, actions or claims whether brought
by the City by third parties, in any way related to the advent of the year 2000
causing f� re to carry out the terms of ttus Agreement.
73 The CITY spec�fically covenants and agrees:
7.3.1 To ovide materiai and supplies in such amounts and quantities as the CITY shall
det mune adequate for trees, shrubs, benches, signage, portable toilets, asphalt,
vel, grass, snow removal, police security, security fences, lighting and fire and
erQencv services.
� g r�Og •
7.3.2 To provide electrical, telephone, water, sewer (to be availabie sometime in 199
and naturai gas service on the leased premises with availabie access for
installation and hook up of marina facilities The SPYC is responsible for e
of all related bills based on its usage and consumption of said utilities f the
duration of this Agreement.
7.3.3 To maintain pazking within Harriet Island Regional Park that se es the marina
premises as well as other areas and attractions within the par . The CITY will
maintain access thereto for boat owners at all times, includi g during special
events, and properly inform the SPYC of any event that c uld hamper in any way
access to the leased premises. The CITY will develop d administer a parking
plan for Harriet Island Regional Pazk that reserves 25 azking spaces for use by
live aboard slip holders.
73.4 To allow up to 175 slips for dockage, including 25 lips for year round live aboazd
usage.
73.5 To maintain the appropriate permits for the lo tion and operation of a marina at
the leased premises that may be required by 1 and to transfer all appropriate
rights to said pernuts to the SPYC for the ration of this lease. The CITY shall
provide copies of all such permits to the XC.
73.6 To give the SPYC prior notificat3on� and provide for consultation with the
SPYC concerning and CITY pro}ec which may affect the normat operations of
the SPYC, increase the SPYC's
or cause a loss of revenue to the SPYC.
VIII
TION
8.1 For the purpose of the admini ration of this Lease Agreement, the CITY's representative
shall be the Superintendent o Parks and Recreation and the SPYC's representative shall
be its Commodore. No o r person except the Commodore of the SPYC may bind the
SPYC to any issue or un rtaking by the SPYC under this Lease Agreement.
IX
DEFAULT/REMEDY
9.1 This Lease Agre�ment may be terminated at any time by mutual assent of the Parties.
9.2 In the event t at either party fails to perform any of the terms or conditions of this
Agreement, s shall constitute default, and the non-defaulting party may cancei the
Agreemen n its entirety, if the defaults are not remedied within thirty (30) days after
receipt of�written notice of any such failure to perform or breach.
10
q� _���'
93 In the event any provision contained in this Agreement should be breached by either
and saad breach thereafter waived by the other party, such waiver shall be limited t the
particular breach so waived and shall not be deemed to waive any other breach reund
9.4 No remedy herein conferred upon or reserved to either parry under this Agr ment is
intended to be exclusive of any other available remedy or remedies, but e and every
such remedy shall be cumulative and shall be in addition to every other medy given
under this Agreement or now or hereafter e�sting at law or in equaty r by statute. No
delay or omission to exercise any right or power accruing upon any efault sHall impair
any right or power or shall be construed to be a waiver thereof, bu any such right and
power may be exercised from time to time and as often as may b deemed expedient.
9.5 This Lease Agreement shail be construed under the laws of the tate of Minnesota; and if
any provision or portion thereof, or the application thereof to y person or circumstances
sha11, to any extent, be invalid or unenforceable, the remaind of this Lease Agreement
shall not be affected thereby, and each provision of this Le e Agreement shall be valid
and enforceable to the fullest eatent provided by law.
X
NOTICES
10.1 Any,notice, statements, bills or communicatio provided for herein shall be deemed
sutiiciently given or rendered if in writing an either delivered to the other Party
personally or sent by certified mail address o the other return-receipt postage prepaid as
follows:
AS TO CITY
'Superintendent of Pazks and Recreation
City of Saint Paul
300 City Aall Annex
25 W. 4`" Street
Saint Paul, MN 55102
AS TO SPYC - Commodore, St. Paul Yacht Club
Harriet Isiand
100 Yacht Club Road #Bl
Saint Paul, MN 55107-2030
or such other addr ss as the respecuve Parties shall designate in writing_ The time of
giving such noti or communication shall be deemed to be the time when the same is
actually deliver d to the other Party.
I1
� _�o��'
�
MISCELLANEOUS
11.1 Captions and Headine. The captions and headings used herein are intended only for the
convenience of the reference and are not to be used in construing this Lease. /"
11.2. Entire A�eement. � This Lease Agreement constitutes the full and complete
between the Parties hereto and there aze no other terms, obligations, coven<
representations, warranties or conditions other than contained herein. �
IN WITNESS HEREOF, the Parties have caused tlus Lease Agreen�ent to be executed
and delivered in duplicate as of the date appeazing on page one hereof. �
APPROVED AS TO FORM:
City Attorney
CITY OF S PAUL:
Mayor, ity of Saint Paul
Superintendent of Parks and Recreation
Financial Services Director
SAINT PAUL YACHT CLLTB:
Commodore
l2
98-�6 � 8
Exhibit C
(Criteria governing the management and use of the Public Dock)
1) Transient Boats
2) Use of the
Inside ofDock
The Public Dock will not function as competirion for the�SPYC transient
boat business. Overnighting boats will be located in the marina� bors
whenever possible.
In the event that a transient boat must overnight on the
full harbors), it will be pemutted on the outside edge of
The SPYC will retain all transient fees that it collects.
Boats that may tie-up to the inside of the dock will
a m�imum width of 10 feet (see attached illustratii
tie up to the outside of the dock only. �
�(late arrivals,
dock only.
mited to those of
Larger boats may
Overnighting in most cases wili be limited to the outside of the dock. This
is to avoid navigational conflicts with the neig oring SPYC dock.
3) Locatin� Facilities The CITY will not locate a restaurant or ot er public facility along the
inside edge of the dock other than in the ea beginning from where the
dock meets the shore to the point where he inside edge of the dock first
drops to a lower tier (see attached illu ation}.
The City will limit the width of fac' ties to be located within this defined
azea to a maximum of 34 feet. T s is to minimize potential navigational
conflicts with boats located alo g the neighboring SPYC dock.
The potential location of
not affected by these crit�
facility along the outside edge of the dock is
4 Si a e The CITY will post s' nage reflecting the previous information as well as
dock hours (not to ceed pazk hours), reporting procedures for transients,
etc.
The CITY wi1l�Gvork with the SPYC in developing and locating signage.
Amendment to Item #25
Council Member Mike Harris
��i�3 �
AND BE TT FLJRTHER RF OLVE D, t at the City Council requests Pazks and Recreation staff
to report to the Council ori June 1, �999 and September 1, i�999 regarding the 5aint Paul Yacht
Ciub's performance on the following specific provisions contained within the lease: Item 7.1.4,
Item 7.1.5, Item 7.23, Item 7.2.20 and Item 7.2.21.
5.,.�os�:-�.�� � - ��b , ay,\`�°�`�
CITY
��
Green Sheet # � �.' j � (
RESOLUTION
Presented
Referred To
2
0
6
7
8
9
10
11
12
13
14
15
16
17
1$
19
20
21
22
Council File # _ `g — �o' 3g
Date
WIIEREAS, the City has a Lease Agreement with the Saint Paul Yacht Club (SPYC} that
allows SPYC to use public properry to operate a marina at Harriet Island Regional Pazk (the
Park), which benefits the public by offering a range of recreational opportunities relating to
boating, which opportunities have been continuously provided by SPYC since 1912; and
WHEREAS, the redevelopment of the Park includes the relocarion of SPYC facilities
within the Park and requires a new Lease Agreement between the City and SPYC to
accommodate the changes, which new Lease Agreement will supersede the current lease; now,
therefore, be it
RESOLVED, that the City officials, who are required by law to execute such a new Lease
Agreement, are hereby authorized to enter into the attached Lease Agreement with SPYC, which
authority 1s limited to such Lease Agreement as attached; and, be it
FURTHER RESOLVED, that the City Council requests that the Parks and Recreation
staff report to the Council on June 1 and September 1 of each year of the Initial Lease Term and
any Extended Lease Terms regarding the SPYC's perFormance on the following specific
provisions contained in such Lease Agreement: Pazagraphs 7.1.4, 71.5, 7.23, 7.2.20, and
7.2.21.
Requested by Department of:
By:
Adoption Certified by Council Secretazy
BY' ��� �- ' `� � n n l<l-.r�
Approved by hiayor: Date
SAINT PAUL, MINNESOTA
FoTm A ro ;ed by Cit Attorney
BY: [�"�/�- (r'22'!f
Approved by Mayar for Submission to Council
By:
BY:
.� �---�. �.�:_.-�..�-..� �-(�o.�-.�� �.�� � �-���
Adopted by Council: Date ��.ay �qqq
q�'��d3�
Summary of Coleman Amendments
Term of the Lease. p. 2
The draft submitted to the Council provides for a ten (10) yeaz ea�tension of the lease, and that the
City cannot "unreasonabiy or azbitrarily° refuse to consent to that extension. T'his language sets a
vague and imprecise standard for renewal, and means that a decision by the City not to renew
would in all likelihood end up being resolved in the courts. The court would not give the City's
determination the same deference as is given to legisia6ve ac6ons, but would decide fot itseif
what was reasonable or unreasonable under ail the facts and circumstances at the time. Even if
the City had what it thought was a good reason, such as the need to make pians for other
developments, this would likely cast the outcome in doubt and require the courts to decide.
Coleman amendment:
The Coleman amendment adopts the language used in the lease for the Minnesota Showboat, and
provides for the possibility of additional five (5) yeaz extensions of the lease upon the agreement
of the parties. Both parties aze required to give one (1) year's notice if they do not intend to agree
to an extension. Neither party is at a disadvantage if they do not consent.
CityRepresentation.,Q 3
The submitted draft affirms that certain property does not have any title restrictions.
Coleman amendment:
5ince all properiy in Harriet Island is subject to use restrictions in the title certificate, the City
can represent only that there aze no title restrictions other than those already on the public record.
Rent Comnutation. p. 5
The submitted draft prevents SPYC from increasing discounts, which prevents a reduction in rent
to the City.
Coleman amendment:
The meaning of the term discount is clarified to cover any reduction in fees, however it is
worded.
Cit�Consent. p. 6
The draft submitted says that repairs and permanent improvements to the marina premises cannot
be undertaken without City consent, and the City cannot withhold its consent unreasonably. This
is a vague standazd, and couid lead to litigation.
Coleman amendment:
The amendment makes cleaz that the City does not have to consent to permanent nnprovements
to the marina premises. The City does have to be reasonable in consenting to ordinary repairs.
Acts of God,�. 13
The draft submitted excuses the SPYC from paying rent during halts in operation caused by acts
of God.
�
q�-�a38
Coleman amendment:
The amendment removes the words °gas, elechic wires,° from the list of acts of God. It is not
clear wbat these words were intended to mean, but in any event manmade equipment is not an act
of God.
R�'-�o38
1 1'(`(�eK�c\ �
� ersios� —
LEASE AGREEMENT � . �y,\�i9�
This Lease, effectit�e as of , 1999 by and between:
CITY OF SAINT PAUL. hereinafter called "CITY"
�I
SAINT PAUL YACHT CLUB, II�TC., hereinafter called "SPYC",
hereinafter jointly called "Parties", and aiso individually called "Party".
WITNESSETH:
WHEREAS, the CITY is the o�ner of certain real estate ad}oining the Mississippi River
commonly known as Haniet Island � contains a"Lower Hazbor" outlined by a black dashed
line on attached Exhibit A and "Upper Hazbor" outlined by a black dashed line on attached
Exhibit B; and
WHEREAS, the CITY as Lessor, and the SPYC entered into a certain Lease Agreement
dated June i, 1992 whereby the SPYC was granted the right to operate a marina facility on said
Lower and Upper Hazbors of Harriet Island ("Marina Premises"); and
WHEREAS, since June l, 1992 certain changes have occurred and aze underway which
wiil enhance Harriet Island as a recreational facility which precipitates a new Lease Agreement
between the Parties to accommodate the changes to Harriet Island; and
WHEI2EAS, 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
June i, 1992.
STATEMENT OF PURPOSES
PARTIES acknowledge and confirm:
Both Parties desire to provide safe and affordabie boating to the public at Harriet Island
and have worked cooperatively to accomplish this objective at Harriet Island since 1912;
and
1.�USERS1BYfWE\COLEAIAN�LEASE\councili February]2,1999
9a� l�3�
Both Parties desire to use Harriet Island park area as efficiently as possible, be
em�ironmentally sensitive and to maintain an aestheticaliy beautiful public attraction; and
The CITY is under title restriction on Harriet Island limiting the use of the land for
certain permitted recreational uses; and
The CITY has been issued certain permits for the operation of a marina facility on Marina
Premises of Harriet Island; 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 boatine, docking and boat storage for the citizens of Saint Paul; and
The PARTIES belie��e 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 erm. The initial term of this Lease shall be for fifteen (I S) years ("Initial Lease Term"),
commencing on the first day of the month immediately following the execution of this
Lease Agreement. By way of example, if Lease Agreement is signed on the 10"' of
September, the "Commencement Date" shall be October 1.
/ �0� 'ee.�S
2.2 Renewal O tin ons• The SP�C and the CITY may extend this Lease Aereement for
successive o�tions of � each which will automaticallv renew (`Bxtended
Lease Term"1 un]ess the SPYC andior CITY notifies the other in writing of its intent not
to renew the Lease Aareement at least twelve months prior to the exniration of the then
current term.
�� „
_ ,
:-'--'-"----'---. All terms and condiUons of this Lease Agreement applicable to
the Initial Lease Term shall remain in effect for the E�ctended Lease Term�, except to
the extent otherwise agreed by the parties in writing.
- - - � - - --- --- - - - -- --- - -
- - -- - - - -- - - - • - - - - -
- � -
2.4 The Lease Agreement between the CITY and SPYC dated June 1, 1992, under which
SPYC has leased certain Marina Premises from the CITY, is hereby rescinded, effective
upon the Commencement Date of this Lease Agreement. All claims arising under such
1992 Leass are hereby extinguished as between the parties herein upon the
Commencement Date of this Lease Agreement.
'Z I'\USFRS�BYR7�'E�COLEMANII,EASElcouncill February 12, ]999
�8�� 0�8
III
MARIl�'A PREMISES DEFINED
3.1 Marina Premises include areas commonly referred to as the lo�-er and upper hazbors of
Harriet Island Regional Pazk as illustrated in E�ibits A and B.
3.2 The Marina Premises remain public spaces, howe��er, the public's access to certain azeas
may be prohibited for reasons of public safety and basic security concems. The SPYC
shall, prohibit general public access to its dockin� azeas (indicated by blue lines on
Exhibits A and B) and maintenance compound (indicated by red lines on Exhibit B).
33 Public access to the azea designated for boat storage (indicated by green lines on E�chibit
B) shall also be restricted or limited for reasons of pubiic safety when boats are being
stored, transported or otherwise present. In azeas where boais are not stored and at times
of the year when boats are not being stored public access will not be impeded and the
azea will be available for use for managed parking for special events as well as general
park use. The CITY retains the riaht to direct, from time to time, the SPYC as to which
specific areas w�ithin the boat storase area shall be open for general public access,
provided that any such direction shali meet the need for safe and secure boat storage.
3.4 The CITY will work in good faith to make available an additional one-half (.5) of an acre
of land that is contiguous to the azea defined in exhibit B(upper harbor) for the purpose
expanding the Marina Premises. The CITY will make this additional azea available for
SPYC use on or before October 1, 2001, 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 title restrictions. Such
additional land shall be subject to the terzns and conditions of this Lease Agreement as
part of the Marina Premises, specifically the boat storage area on Exhibit B, which shall
be re-drawn to reflect the inclusion. The CITY affirms that the property adjacent to the
Upper Hazbor on the upsueam side as shown on Exhibit B is owned by the City, is not
subject to title restriction ot er than anv already of record and is the preferred site for the
expansion referenced herein.
3.5 The SPYC is aware of the CITY's plans to make future improvements and modifications
to the upper harbor Marina Premises as part of a larger redevelopment of Haniet
Island/Lilydale Regional Pazk and acknowledges that such a redevelopment may invoive
a reconfiguration of the dimensions and layout of the on-land Marina Premises as they are
iilustrated in Exhibit B. In the event that an azea is reconfigured, the CITY will make
land that may be a combination of the park land that is occupied by the SPYC at the tnne
when said reconfiguration is initiated and adjacent public park land in substantially the
same azea available to the SPYC to be used for the purposes of boat storage and its
maintenance compound in amounts equal to the lands that aze availabie to the SPYC at
the !ime any such reconfiguration is initiated (as shown on the existing or a future
S:IUSERSIBYRNE�COLF1vL1N�LEASEkouncill FeMuary ]2, 1999
q�'-l03�'
modif:cation to Exhibit B). Tl�e CITY �aill work with the SPYC in pla�ining and
initiating any reconfiRuration. Ifthe Mazina Premises are reconfigured at any time,
Ea:hibit B will be re-drawn to reflect the changes. This clause is independent of 3.4, and
therefore does not in way excuse or substitute for the CITY's obligations contained
therein. The 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 title restrictions. Land w�hich is included within the Marina Premises under
the terms of this paragraph shall be subject to the terms and conditions of this Lease
Agreement.
3.6 All park lands (including pazking azeas) other than those defined as Marina Premises are
not govemed in any «�ay, implied or otherwise, by this Lease Agreement and remain
under the sole control and jurisdiction of the CITY.
3.7 Both Parties acknow�ledge that the CITY's future plans for Harriet IslandlLilydale
Regional I'azk include a proposed bicyclefpedestrian path along the river's edge; and that
a bridge is contemplated to span the entrance of the Upper Harbor entrance to the upper
harbor as it connects the Harriet Island path with those upstream towards Lilydale.
Currently, this path is proposed to pass through azeas indicated on Exhibit B as Marina
Premises. The CITY agrees to work with the SPYC in making provisions so that the
proposed bridge is designed and built to protect the operational functions of the Mazina
Premises, specifically so that it w�ili not interfere with regulaz access by boats moving in
and out of the upper harbor.
3.8 The area designated for boat storage includes lands above a storm sewer line that is
maintained by the CITY. If the CITY determines in its discretion that maintenance or
other work is required on such line or sewer facilities, the SPYC shail move all boats and
other equipment specified by the CITY witlun a reasonable 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 w�ithin exis6ng park lands, but shali incur no financial
obligation for moving such boais and equipment. No improvements or immovable
fixtures shall be constructed or placed by SPYC in any location that would interfere with
repair, replacement, maintenance or other work of such sewer line or related facilities.
SPYC shali be obiigated to consult with the CITY before constructing any improvements
or fixtures over or neaz such sewer line. An iunprovement for the purpase of this
paragraph and this Lease Agreement shall be a permanent addition to or permanent
betterment of real properiy that enhances its capital value, and does not include ordinary
repairs or maintenance.
IV
PERMITTED USE
4.1 The SPYC shail have the exclusive privilege of operating a marina facility on Marina
Premises; and to generally cany on and engage in normal activities which aze incidental
to the operation of the marina.
.[; I:\USERS�BYRNEICOLEMANIL.EASEkouncJ] February ]2, J999
�l�'-�03�
4.2 The SPYC may enga�e in activities including but not ]imited to slip rental. launching,
hauling and winter stora�e of boats, sale of fuel and marine supplies and repairs.
43 The SPYC may not operate or engage in activities related to a commercial repair garage
nor may it act as a boat dealership or brokerage.
V
RENT
5.1 The SPYC shall pay as "Rent" an amount equal to twelve and one-half percent (12.�%) of
gross revenues recei��ed by SPYC from summer and winter dockage and storage fees, less
the credit, if any, allowed pursuant to pazagraph 5.6 of this Lease Agreement. Any unused
po*tion of such credit, if any, shall not be carried over from calendaz year to calendar
year.
5.1.1 Notwithstanding the foregoin� 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:
Yeazs 1-10 $24,000
Yeazs 10-15 A sum equal to the five year average of rents
(without reduction for credits under paragraphs 5
and 5.6) paid in yeazs 6-10 of the Initial Lease
Term.
Extended Lease Term A sum equal to the five year average of rents
(without reduction for credits under paragraphs 5
and 5.6) paid in yeazs 10-15 of the Initial Lease
Term.
The minimum fee will be payable in two instailments on June 1 and December 15
of each yeaz, 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 current discounting leveis of $200 for dockage rates and $100
for winter storage rates unless it receives written approval from the CITY. e term
°discount" includes anv 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 fi8een (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
financial operations. The audit shail be performed in accordance with generally accepted
accounting principies and shall show all revenues received and expenses paid for the
SPYC's operations for the previous yeaz. The SPYC shall provide the CITY with a copy
of its annual audit no later than Apri] 15 of the next yeaz following the audit.
C\USERSIBYRNEICOLEMlil�LEASEkouncill February 1?, 1999
98-l�
5.� If an audit for the preceding ��ear shall show a variance between the amount actually paid
and that which is due, that amount shall be either paid to the CITY by the SPYC no later
than Aprii 15�' of the next yeaz following the audit period if an additional amount is due;
or the SPYC shall be entitied to a credit against Rent to be deducted from the next
pa}�ment due the CITY if an overpa}�ment was made. Provided, however, that if the
Lease Agreement expires or is terminated and the audit shall determine an oveipayment
the fmal year, the SPYC shall be entitled to a refund from the CITY for overpayment of
Rent. In the case of underpa}°ment, the SPYC will pay the CITY the amount ofthe
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 pazk azea (where the CITY has the
primary responsibility). If the CITY specifically consents in writing to the estimate and
plans for such work or project submitted by SPYC, the SPYC shall be entitled to a credit
against its annual Rent payment under paragraph 5.1 of this Lease 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 year unless the SPYC receives written
approval from the CITY for such canyover. 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 at large is purely
incidental.
VI
CONSENT TO IMPROVEMENTS
6.1 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
coasent of the City. The Ciry may require such information to be supplied by SPYC as
will enable the City to detemvne whether to consent to any proposed improvements or
immovable fixtures.
6.2 The SPYC shall undertake no reconstruction, alterations, repairs or replacements of
existing improvements, fixtures, facilities or equipment on or in the Marina Premises,
which causes or constitutes a permanent change in the CITY properiy underlying the
Marina Premises or adjacent to it, thereto, without the written consent of the City.
63 An ityprovement for the purpose of paragraphs 6.1 and 6.2 shall be a permanent addition
to or permanent betterment of real properry that enhances its capital value, and does not
include ordinary repairs or maintenance.
6.4 T'he CITY's response to a request for consent under paragraphs 6.1 and 6.2 shall be given
in a re?sonable rime. The consent of the CITY to a request under para�h 6 2 shall not
be unreasonably withheld.
I:\USERSIBYRNEICOLEMAN�LEA$Elcouncill February ]2, ]999
q8-io3�
VII
COVENANTS AND UNDERTAKING
7.1 The Parties covenant, agree and ackno�� that each shall provide the foilowing
equipment and services:
71.1 The CITY shall provide and maintain a travel lift well and the SPYC shall
provide, operate and maintain the travel lifr.
7.1.2 The CITY shall periodically inspect the marina facility and inform die SPYC in
writing of any conditions requiring attention as may be required to comply with
the obligations under Lease Agreement.
7.1.3 The SPYC shall undertake no major improvements, construction or 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�ibit B. Winter storage shall be available to SPYC slip holders
only. The SPYC may, if agreed to and authorized by the written approval by the
CITY, store boats other than those of its siip 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 pazagraph 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 wnll keep the area designated for boat storage cleaz of boats and other
equipment in order to make it available for other uses during the period beginning
June iQ and ending September 10 of each yeaz. Any SPYC boats that are required
to be on land for maintenance purposes or that ate otherwise not in the harbors
duting 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 shali be completed by SPYC representarives in instances where accidents
on or neaz the Marina Premises azs reported to or witnessed by SPYC
representatives. The SPYC shall deliver completed reports to the CITY within
five working (5) days following an accident on or neaz the Marina Premises.
7.1.7 The SPYC hereby agrees to defend, indemnify and hold the CITY and any of its
o�cers, agents and employees hazmless from any claims, damages, or causes of
I:IUSERS�BYtWE�COLEMANILFASEIcouncill February ]2, l999
q8-/o3�
action arisin� from the use and operations of Marina Premises by SPYC, its
agents, officers, or emplo}�ees. The SPYC shall provide at its o�� n cost and
expense, liability insurance naming the CITY as an additional insured thereon.
Insurance shall cover injury to persons or property in an amount not less than the
limits of the CITY's liability as set forth in Minn. Stat. §466.01 et seq (cunently
$300,000 indi��idual, $7�0,000 a�gregate, ��ith the agQ.,,regate limit increasing to
$1,000,000 on January i, 2000). SPYC shall provide evidence of such coverage
to the CITY annually. Nothin� 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 full force and
effect at ali 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 o�med by the SPYC, unless furnished as
an improvement or immo�•able fixture on the Marina Premises, shall alw�ays
remain the property of the SPYC unless othenvise agreed to in wTiting by the
Parties (i.e. docks, lifrs, trailers, temporary buildings, blocking, stands, spuds,
above ground gas tanks and piping, and tools and equipment). Present and future
items provided by the SPYC as such improvements or immovable fixtures (i.e.
pilings, dolphins, utility fi�tures, and below ground tanks and lines) shall remain
as such on the Mazina Premises.
7.1.9 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 Public Dock in accordance with the provisions found
in Exhibit C.
7.1.11 This Lease Agreement does not exempt the SPYC or its members from pazk rules
and regulations, except as may be provided elsewhere in this Agreement
7.1.12 The SPYC may neither operate nor commission the operation of vending
machines that aze located on premises visibie to and/or accessible by the general
public without the consent and written authorization of the CITY.
7.1.13 fihat 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 Parks and Recreation, Fire Chief, Police Chief
or other City officiai 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 expenses due to this
ter.:porary relocation.
I �USERSIBYRNE\COLEMAN�LEASEkouncil7 Febrvary ]2, 1999
q8- /t�3 �'
7.2 The SPYC specifically covenanu and agrees;
7:L.1 To maintain Marina Premises in a safe, clean and orderly condition.
7.2.2 To inspect ali docks on a regular basis to insure that they are in a safe condition.
The SPYC shall repair an}� conditions that cause the docks to be unsafe as soon as
possible.
7.2.3 To keep the Marina Premises free of litter and accumulated trash. Cleanup of the
site shall be accomplished on a twice-weekly basis.
7.2.4 To store all equipment and other materials present on the Matina premises in an
orderly manner so that the appeazance of the facility is clean and organized.
�.2.5 To cut the grass and maintain the immediate banks of Mississippi Ri��er to the
waterline adjacent to A4azina Premises, marina parking areas and boat storage
areas as defined in Exhibit A and B. Tree maintenance and removai will remain
the responsibility of the CITY.
'7.2.6 To provide an adequate number of trash receptacles in hazbors of Mazina Premises
to accommodate debris generated by boat owners and their visitors 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 adequate lighting for docks in both hazbors.
7.2.9 To install public telephones accessible to boaters and visitors to the marina in
each hazbor.
7.2.10 To furnish temporary dockage for transient boaters visiting Saint Paul and
seasonal dockage for approved applicants and SPYC members.
7.2.11 To futnish a mininmm of 150 and a maximum of 175 boat slips as deternuned by
the SPYC . The ma�cimum 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
hazbors around Harriet Isiand or adjacent land. Marina leaseholders with
approved dockage may engage in minor boat repair to their watercraft in the
marina, however any major boat repair work must be approved by the SPYC.
9 I:\USERS�BYANE\COLEWANLLFASEICOUnciI1 February 1?, 1999
y8-�o3�
7.2.13 To engage in dock construction, painting, sandblasting in order to paint welding,
carpentry and other maintenance acti� incidental to operating a marina. The
SPYC and the CITY shall jointly determine an azea where this �+-ork may occur.
In addition, the SPYC shall provide a w�eather proof buildin� to facilitate this
work to be located as a�reed to between the CITY and the SPYC.
7.2.14 To cooperate �� and pro� ide such facilities that aze necessary and appropriate
for CITY's Fire Departrnent Harbor Patrol, U.S. Coast Guard, Coast Guard
Auxiliary and Ramsey County Sheriff Water Patrol.
7:?.15 To maintain and use a mazina 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 responsible for the day to day maintenance of the tank to keep it in good
operating condition. The SPYC shall provide gasoline for sa]e to the boaters
during regular hours durin� the boating season and by prior appointment. The
SPXC shall be responsible for any spill or damage to land adjacent to the tanks
and/or any subsoil cieanup ordered by appropriate authorities.
7.2.16 That the SPYC shall provide the CITY with a copy of all agreements or contracts
between the SPYC and any party who will 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 at that location, or allow any of its membership to temporarily or
permanently conduct retail or commercial transactions within the mazina harbors.
This does not preclude slip holders from entertaining guests, nor does it prohibit
slip holders from conducting personal business or work retated to their
employment while on their boat.
7.2.18 To designate safe pazking ueas for automobiles in the westernmost Upper Harbor
pazking lot while the SPYC is moving boats.
7.2.19 To provide a pump out facility for all boaters use during regulaz hours of the
normal boating season.
7.2.20 To remove ail marina boaters' and visitors' discarded materials, parts and various
debris to maintain the boat storage, work and pazking area in a clean and good
condition in both harbors aii on a twice-weekiy basis.
7.2.21 To conform to City, State and Federal safety, health, accessibility and
10 1:\USERSIBYRNEIWLEMANILEASFwuncill February 12, 1999
98-103�
environmental la��s and to cooperate ���ith the appropriate agencies to achie��e
such objecti��es.
7.2.22 To comply u State and Federal fair employment practice laws prohibiting
discriminarion on the basis of an applicant's age, sex, race or physical status. This
aiso applies to persons seeking membership in the SPYC.
7.2.23 To use the SPYC policy (exlvbit D) which has been approved by the CITY, that
sets up criteria for slip assignments at the Marina. Fur[her, it is understood that
residents of the City of Saint Paul on the waiting list by January I S` of each year
shall be offered slips at the Marina each yeaz before slips are offered to non-Saint
Paul residents on the waiting list: Pending the Saint Paul applicant meeting other
slip assignment requirements.
7.2.24 The SPYC w711 annually furnish the CITY w�ith a roster of its Board Members and
Lease Holders prior to June i of each year of this Agreement.
7.2.25 To furnish the CITY with its proposed rates, including any related discounting,
for dockage, storage and other services on or before March 1�' of each calendar
year. The CITY shall have the right to approve or disapprove of these rates and
discounts. The CITY shall not act azbitrarily or unreasonabiy withhold its
approval of the SPYC proposed rate or discounting structure. If the CTTY 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.
,'.2.26 The SPYC agrees that its ability to perform and fulfill all of its obligations under
this Agreement shall not be hindered or delayed by the advent of the yeaz 2000
and that it has made ail reasonabie, diligent and affirmative efforts to insure the
same. SPYC speci8cally agrees that, in addition to all other indemnifications
obiigations undertaken pursuant to this Agreement, it will also indemnify the
City, its offacers, employees or agents, from all suits, actions or ciaims whether
brought by the City or by third parties, in any way related to the advent of the year
2000 causing failure to carry out the terms of this Agreement.
7.2.27 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 Was[es, in, into, on, over or adjacent to the Marina Premises or the
Mississippi River, and that it shali take reasonable steps to prevent all members,
guests, transient boaters and other users of the Marina 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 this Lease Agreement. The SPYC shall also comply
with ali applicable federal, state and ]ocal laws and regulations, including City
i l I:WSERS�SYRNt1COLEMAN�I.EASEkouncill Febtuary 12,1999
%8-/a3�'
oruinances, relating to the control, handiina, 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 Controi Agency Fact Sheet
#4.24 Managing Marina ��'aste , published April 8, 1996, as a�eneral guideline
for its operations and shall work with its membership and slipholders to achieve
compliance ��ith the guidelines in said Fact Sheet. The SPYC v.ill incorporate
funue updates of the Fact Sheet, when published by the MPCA, as guidelines for its
operation, ���hen said future updates aze a��ailable and known.
7.2.28 Hazardous R�astes, for the purpose of paragraph 7.2.27 above, shall be and include
all dan�erous, toxic or hazardous contaminants, poliutants, chemical wastes or
substances as defined in applicable federal, state or local laws or regulations, as those
may be amended from time to time.
73 The CITY specifically covenants and agrees:
73.1 To provide material and supplies in such amounts and quantities as the CITY shall
determine adequate for trees, shrubs, benches, signage, portable toilets, asphalt,
gravel, grass, snow remo��al, police security, security fences, lighting and fire and
emergency services.
7.3.2 To provide elechical, telephone, water, sewer (to be available sometime in 1494) and
natural gas service on the leased premises with available access for instaliation and
hook up of marina faciIities The SPYC is responsible for payment of ali related bills
based on its usage and consumption of said utilities for the duration of this
Agreement.
7.?3 To maintain pazking within Harriet Isiand Regional Park that serves the marina
premises as weil as other azeas and attractions within the pazk. The CITY wi11
maintain access thereto for boat owners at all rimes, including during special events,
and properly inform the SPYC of any event that could hamper in any way access to
the ]eased premises. The CITY will develop and administer a pazking 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.
7.3.4 To allow up to 175 slips for dockage, including 25 slips for yeaz round live aboard
usage.
7.3.5 To maintain the appropriate pemuts 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 pernuts to the SPYC for the duration of this lease. The CITY shall provide
copies of all such permits to the SPYC.
] z I:\USERS�BYRNE�COLEMAN�LEASE�couneil] Febmary 12, 1999
g8�1o3�
7.3.6 To give the SPYC prior notification of and pro��ide for consultation v,�ith the SPYC
concerning and CITY projects w•hich may affect the normal operations of the SPYC,
increase the SPYC's expenses, or cause a loss of revenue to the SPYC.
VIII
AD?�4INISTR.ATION
8.1 For the purpose of the administration of this Lease Agreement, the CITY's representati��e
shall be the Superintendent of Parks 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 terminated at any time by mutual assent of the Parties.
9.2 In thP event that either party fails to perform any of the terms or conditions 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 cvritten
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
terminate this Lease Agreement in its entirety.
9.3 In the event any provision contained in this Agreement should be breached by either party
and said breach thereafter waived by the other party, such waiver shall be limited to the
particulaz breach so waived and shail not be deemed to waive any other breach hereunder.
9.4 That neither Party will make any claim and waives any right against the other Party on
account of any loss or dan�age caused by acts of God, such as fire, water, windstorm, floods,
freezing, gas; e}ee�i�� war, civil unrest and other acts of God affecting the leasehold
property in connection with its operation. T'he minimum rent specified in pazagraph 5.1.1
of this agreement shail be abated in any period during which the SPYC's operations aze
halted on account of such acts of God as described within this paragraph.
9.5 No remedy herein confened 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 shail be in addition to every other remedy given under this
Agreement or now or hereafter existing at law or in equity or by statute. No delay or
omission to exercise any right or power accruing 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
exerci� d from time to time and as often as may be deemed expedient.
13 1 :\USERSIBYRNFCOLEMAN11,EqSE�councill Febmary 12, 1999
q8-�a3�
9.ti No provision in this Agreement shall preclude the CITY from exercising its lawful po�3er
of eminent domain o��er the leasehold estate estabiished herein, or any part thereof, provided
that any exercise of said power shall be in accordance wlth all statutory and constitutional
requirements pertaining thereto.
9.7 This Lease Agreement shall be construed under the laws of the State of Minnesota; and if
any provision or portion thereof, or ihe application thereof to any person or circumstances
shalt, to any eaKent, be invalid or unenforceable, the remainder of this Lease Agreement sha11
not be affected thereby, and each provision of this Lease Agreement shall be valid and
enforceable to the fullest eartent provided by law.
X
NOTICES
10.1 Any notice, statements, bills or communications provided for herein shall be deemed
sufficiently given or rendered if in �riting and either delivered to the other Party personally
or sent by certified mail address to the other return-receipt postage prepaid as follows:
AS TO CITY - Superintendent of Parks and Recreation
City of Saint Paul
300 City Hall Annex
25 W. 4`" Street
Saint Paul, MN 55102
AS TO SPYC - Commodore, St. Paul Yacht Club
Harriet Island
140 Yacht Ciub Road #B 1
Saint Paul, MN 55107-2�30
or 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 time when the same is actually
delivered to the other Party.
XI
MISCELLANEOUS
I 1.1 Cantions and Heading� The caprions and headings used herein are intended only for the
convenience of the reference and are not to be used in construing ihis Lease.
11.2. Entire Aareement. This Lease Agreement constitutes the full and compiete agreement
between the Parties hereto and there aze no other terms, obligations, covenants,
representations, warranties or conditions other than contained herein.
]!} 1:1USERSlBYItNE\COLEMAN�I,EpSEkouncill February I2, 1999
� g^/o3�
IN WITNESS HEREOF, the Parties have caused this Lease Agreement to be executed and
delivered in 3upiicate as of the date appearing on pa�e one hereof.
APPROVED AS TO FORM: CITY OF SAINT PAUL:
City Attorney
Mayor, City of Saint Paui
Superintendent of Parks and Recreataon
Financial Services D'uector
SAINT PAUL YACHT CLi3B:
Commodore
15 I:\USERS\BYRNEICOLEMANILEASflw�mciil February ]2, 7999
�$-/D3�
Eshibit C
(Criteria goveming the management and use of the Pubiic Dock)
I1 Transient Boats The Public Dock will not function as competition for the SPYC uansient boat
business. Ovemighting boats will be ]ocated in the marina harbors whenever
possible. Ovemighting boaters that aze registered ovemight guests at the
floating bed & breakfast will be permitted to overnight their boats on the
Pubiic Dock
In the event that a transient boat must overnight on the dock (late arrivais, full
hazbors), it wil] be pemutted on the outside edge of the dock only.
The SPYC wi11 retain ali transient fees that it collects.
21 Use of the Boats that may tie-up to the inside of the dock wi11 be limited to those of
Inside of Dock a maximum width of 10 feet (see attached illustration). Larger boats may tie
up to the outside of the dock only.
Ovemighting in most cases wiil be limited to the outside of the dock. This
is to avoid navigational conflicts with the neighboring SPYC dock.
3, Locating Facilities The CITI' will not locate a restaurant or other public facility along the inside
edge of the dock other than in the azea beginning from where the dock meets
the shore to the point where the inside edge of the dock first drops to a lower
tier (see attached illustration).
The City will limit the width of facilities to be located within this defined
area to a maximum of 34 feet. This is to minimize potential navigational
conflicts with boats located along the neighboring SPYC dock.
The potential location of any facility along the ouuide edge of the dock is not
affected by these criteria.
4 Si n The CITI' wiil post signage reflecting the previous information as well as
dock hours (not to exceed pazk hours), reporting procedures for transients,
etc.
The CITY wiil work with the SPYC in developing and locating signage.
].6 1:1USERS�BYRNEICOLEMANV.EA6Ekouncill February 12,1999
qr-b�
DEPAftTNENT/OFFICE/COVNCIL DA7EINRIATED GREEN SHEET NO. 2746
Parks and Recreation 11
CONTACC PERSON AND PHONE INITIAUDASE MRIALIDA
Vic Wittgenstein (226-6409) � 1 OEPARTMENTDIflECTOR 4 crtvcouNCa
NUMBER Po ? Cf1Y ATTORNEY CffY CLERK
MUST BE ON COUNQL AGENDA BY I�A7EI ���NG
OppER FINANCIAL SERVICES DIR. FfianCtel SeN/aCCt
1 1-18-98 3 MAYOR IOft ASSISlA 5 Parks & Recreaeon
TOTAL Y OF SIGNATUFiE PAGES (GI.� ALL LOCATIONS PoR SIGNA7Ui�) �
ACTION REQUESTEO:
Authorizing City Officials and staff to enter into Lease Agreement with the Saint Paul Yacht Club (SPYC) that will
supersede an Agreement between the same parties dated June, 7 992.
RECOMMEN�ATIONS: Approve(AlorRe�ectlR) pEHSONALSERVICECONTRACTSMU5TIW5WEHTHEFOLLOWPIGQUESiIONS:
PLANNING GOMMISSION CIVIL SERVIGE COMMISSION
— — 1. Mas this person/firm ever worked untler a conhac[ Por [his departmenV
CIB COMMffiEE _ VES NO
Q STAFF 2. Has this peraon/firm ever bem a ciry employee?
DISTRICTCOUNCIL YES NO
— — 3. Does this person/firm possess a skill not normally possessed by any cument city employee>
SVPPORTS WHICH COUNCIL OBJECTIVE? yES NO
. Evplain all yes a�uwen on separate aheet and attach [o green sheet.
INITIATING PROBLEM, ISSUE, OPPORTUNIN IWho, Wha[, When, Where, Whyl:
In 1992, the Saint Paul Yacht Club (SPYC) entered into has a Lease Agreement with the City to operate a marina at
Harrfet Island. The redevelopment of Harriet Island requires that SPYC facilities are moved within the park and
precipitates a new Agreement.
ADVANTAGESIFqpPROVED: V
The 1992 agreement between the SPYC and the City will be revised to reflect changes being made to accommodate the
redevelopment of Harriet Island. Services to the public will not be unduly disrupted.
DISADVANTAGESIFAPPROVED:
None �' "� �'c. �,�Ta.,�
���:� ��� �: ; E: �.
g<��'� ' E, ����
DISADVANTAGES IF NOTAPPROVED:
The previous agreement with the SPYC will remain in effect and the redevelopment of Harriet Island Regional Park may
be delayed.
TOTAL AMOUNT OF TRANSACTION S 12.5% af SPYC revenues COST/itEVENUE BUDGEiED (C6tIXE ON� YES NO
wxoe�csouRCe Soecial Fund 325 ACTIVf1YNUM� 23123
FINANCIAL INFOftMATION: �EXPLAINI
O�IGINAL
Presented By
Re£erred to
�
Committe`: Date
i WHEREAS, the City has a Lease Agreement with the Saint P ul Yacht Club
2 (SPYC) that allows them to operate a marina at Harriet Island Re onal Park, and
3 WHEREAS, the redevelopment of Harriet Island Regio al Park includes the
4 relocation of SPYC facilities within the park and precipitates hat a new Lease
s Agreement between the City and the SPYC is executed i order to accommodate the
5 changes, and
� WHEREAS, the existence of the marina
a offering them a range of recreational opportuni
9 that the SPYC has continuously provided at H<
Council File # � ��
Green Sheet # �a�1 y�
3a
;�ts the citizens of the City by
�lated to boating. Opportunities
Island since 1912, and
io WHEREAS, the execution of this Lea Agreement between the City and the
il SPYC will supersede the previous Lease reement.
12 NOW, THEREFORE, BE IT RE LVED, that proper City officials and staff are
13 hereby directed and authorized to en r into the attached lease agreement with the
i4 Saint Paul Yacht Club. ana
BE IT FURTHER RESOLVED, t at the Citv Council requests Parks and Recreation ataff
on the followin specific
em an em
Yeas Nays Absent
Blakey
Coleman_
Harris
Lantry
Reiter
Adopted by
Adoption �C�
By
�
. Date
ied by Council Secretary
Approved by Mayor: Date:
By
I �
t
m� ���� �
t=�o . lo � �`Cq°j
RESOLUTION
fY.6F/3'AINT PAUL M�NNES07A
Requested by:
D' is�"I�arks and RecrE3tion
��BY� T
4
Form Approved by City Attorney
98-/0 38
��e�.�� v ��s���,
���o���
This Lease, effective as of
LEASE AGREEMENT
1999 by and between:
CITY OF SAINT PALJL, hereinafter called `CITY"
and
SAINT PALTL YACHT CLUB, INC., hereinafter called
hereinafter jointly called 'Parties", and also individually called
WITNESSETH.
/
/
�$-�03�
WITEREAS, the CITY is the owner of certain real estate.�djoining the Mississippi River
commonly known as Harriet Island which contains a"Lower aibor" outlined by a black dashed
line on attached Exhibit A and "Upper Harbor" outlined by a lack dashed line on attached
E�ibit B; and
WfIEREAS, the CITY as Lessor, and the SPY entered into a certain Lease Agreement
dated 3une 1, 1992 wbereby tbe SPYC was granted t e ri�ht to operate a marina facility on said
Lower and Upper Harbors of Harriet Island ("Mari, a Premises"); and
WHEREAS, since June 1, 1992 certain anges have occurred and are underway which
will enhance Harriet Island as a recreational f cility which precipitates a new Lease Agreement
between the Parties to accommodate the c ges Co Harriet Island; and
WHEREAS, the Parties believe t is in their mutual best interest to enter the within Lease
Agreement for Marina Premises whi will replace and supersede the Lease Agreement dated
June 1, 1992_
I
STATEMENT OF PURPOSES
PARTIES acknowledge
Both Parties
and have w�
and �
confirm:
e to provide safe and affordable boating to the public at Harriet Island
cooperatively to accomplish this objective at Harriet Island since 1912;
1
� • I :
Both Parties desire to use Harriet Island park area as efficiently as possible, be
environmentally sensitive and to maintain an aesthetically beautiful public attraction; and
The CITY is under title restriction on Harriet Island limitin� the use of the land for
certain pemutted recreaUonal uses; and ;
The CITY has been issued certain permits for the operation of a marina facility on Marina
Premises of Harriet Island; and /
The SPYC has occupied Harriet Island since 1912, during which time the �'t'YC has
continually satis&ed the public recreational use criteria by providing publ' access for
recreational boating, dockin� and boat stora�e for the citizens of Saint aul; and
The PARTIES believe it is iti the best interest of the public for the y S�'YC to continue to
operate a marina facility on Marina Premises of Harriet lsland �
II
TERM
2,1 The term of tlus Lease shall be for fifteen (15) yeass ("I tial Lease Term"), commencing
on the first day of the month immediately following t execution of this Lease
Agreement. By way of example, if Lease Agreeme is signed on the 10"' of September,
the "Conunencement Date" shall be October I.
2.2 This Lease Agreement may be renewed by th mutual assent of the parties for an
addiTional ten (10) year term ("Extended Le se Term"), at the expiration of the Initial
Lease Term. The CITY may not unreaso ably or arbitrarily withhold its assent for an
extended lease term. All terms and con tions of This Lease Agreement applicable to the
Initial Lease Term shall remain in eff t for the Extended Lease Term, except to the
eatent otherwise agreed by the parti s in writing.
23 I£neithei the SPYC nor the CIT provides written notice to the oTher party of its intent
not to renew the Lease An ee ent prior to March 1, 2012, the Iease agreement will be
automatically renewed for th 10 year Extended Lease Term.
2.4 The Lease Agreement 6e een the CITY and SPYC dated June 1, 1992, under which
SPYC has leased certai Mazina Premises from the CITY, is hereby rescinded, effective
upon the Commence ent Date of this Lease A�reement. All claims arising under such
1992 Lease are her y extinguished as between the parties herein upon the
Commencement ate of tlus Lease Agreement.
18-� °
III
y1ARINA PREMISES DEFINED
3,1 Marina Premises include areas commonly referred to as the lower and upper harbors of,
Harriet Island Regional Park as illustrated in Exhibits A and B.
32 The Marina Premises remain public spaces, however, the pub(ic's access to certain areas
may be prohibited for reasons of public safety and basic security concerns. TheiSPYC
shall, prohibit �eneral public access to its dockin� areas (indicated by blue line�on
E�ibits A and B) and maintenance compound (indicated by red lines on E�ubit B).
33 Public access to the area designated for boat storage (indicated by green ines on Exhibit
B) sha11 also be restricted or limited for reasons of public safety when oats are being
stored, transported or otherwise present. In areas where boats are n stored and at times
of the year when boats are not being stored, public access will not e impeded and the
area will be available for use for managed parkina for special eve ts as well as general
park use. The CITY retains the ri�ht to direct, from time to ti e, the SPYC as to which
specific areas within the boat storage area shall be open for g eral public access,
provided that any such direction shall meet the need for saf and secure boat storage.
3.4 The CITY will work in good faith to make available
of land that is contiguous Y.o the azea defined in
expanding the Marina Premises. The CITY wi11
SPYC use on or before October 1, 2001, provic
does not obli�ate the City to acquire any pr
nor to vary or infringe any terms or conditi�
additional land sha11 be subject to the terms
part of the Marina Premises, specifica113� t
be re-drawn to reflect the inclusion. Th�
Upper Harbor on the upstream side as ho�
subject to title restriction and is the referra
3.5 The SPYC is aware of the i
to the upper harbor Marina
IslandlLilydale Regional Pa
a reconfiguration of the din
n dditional one-half (.5} of an acre
(upper harbor) for the purpose
this additional area available for
% however, that foregoing requirement
or site by purchase or eminent domain,
�osed by title restrictions. Such
rfid conditions of this Lease Agreement as
boat storage area on Exhibit B, which shall
TY affirms that the property adjacent to the
n on Exhibit B is owned by the City, is not
i site for the expansion referenced herein.
plans to make future improvements and modifications
as as part of a lazger redevelopment of Harriet
acknowledges that such a redevelopment may involve
s and layout of the on-land Marina Premises as they are
illustrated in Exhibit B. I the event that an area is reconfiwred, the CITY will make
land that may be a com nation of the park land that is occupied by the SPYC at the time
when said reconfijur ion is initiated and adjacent public park land in substantially the
same area available the SPYC to be used for the purposes of boat storage and its
maintenance com und in amounts equal to the lands that are available to the SPYC at
the time any suc reconfiwration is initiated (as shown on the existing or a future
modificaCion t Exhibit B). The CITY will work with the SPYC in planning and
yg -
initiating any reconfiguration. If the Marina Premises are reconfiwred at any time,
E�ibit B will be re-drawn to reflect the changes. This clause is independent of 3.4, an
therefore does not in way excuse or substitute for the CITY's obli�ations contained
therein. The fore�oing requuement does not obli�ate the City to acquire any prope or
site by purchase or eminent domain, nor to vary or infrin�e any terms or conditio s
imposed by title restrictions. Land which is included within the Marina Premise under
the terms of this para�raph shall be subject to the terms and conditions of thi ease
A�reement.
3.b All park lands (including parking areas) other than those defined as Ma � a Premises are
not governed in any way, implied or otherwise, by this Lease A�reeme t and remain
under the sole control and jurisdiction of the CITY.
3.7 Both Parties aclmowledge that the CITY's future plans for
Regional Park include a proposed bicycle/pedestrian path a
a bridge is contemplated to span the entrance of the Upper
harbor as it connects the Harriet Island path with those ups
Currently, this path is proposed to pass through azeas indi
Premises. The CITY ab ees to work with the SPYC in a
proposed bridge is designed and built to protect the op ati
Premises, specifically so that it will not interfere with egul�
and out of the upper harbor.
i� e river's edge; and that
or entrance to the upper
;am towards Lilydale.
:d on E�ibit B as Marina
i� provisions so that the
ial functions of the Marina
access by boats moving in
3.8 The area designated for boat starage includes la ds above a storm sewer line that is
maintained by the CITY. If the CITY determi es in its discretion that maintenance or
other work is required on such line or sewer acilities, the SPYC shall move all boats and
other equipment specified by the CITY wi in a reasonable time period as specified by
the CITY. In such an event, the CITY w' 1 assist the 5PYC by identifyittg alternative
areas for temporary boat storage withi existina park lands, but shall incur no financial
obligation for moving such boats and quipment. No improvements or immovable
fi�tures shall be constructed or plac 6y SPYC in any (ocation that would interfere with
repair, replacement, maintenance o other work of such sewer line or reiated facilities
SPYC shall be obligated to cons t with the CITY before constructing any improvements
or fi�tures over or near such se er line. An improvement for the purpose of this
pazagraph and this Lease Agr ement sha11 be a permanent addition to or permanent
betterment of real property at enhances its capital value, and does not include ordinary
repairs or maintenance.
IV
PERIVIITTED USB
4.1 The SPYC shall h e the exclusive privilege of operating a marina facility on Marina
Premises; and to enerally carry on and engage in normal activities which are incidental
to the oneratio of the marina.
c�8-Io38
42
43
V
RENT
5.1 The SPYC shall pay as "Rent" an amount equal to twelve and one-half per ent (12.5%) of
�ross revenues received by SPYC from summer and winter docka�e and torage fees, less
the credit, if any, allowed pursuant to para�raph 5.6 of this Lease Agre ent. Any unused
portion of such credit, if any, shall not be carried over from calendar ar to calendar
year.
5.1.1 Notwithstanding the foregoing or any other term or pr�
A�reement to the contrary except 9 4, SPYC shall pay
the CITY based on the followin� schedule: �
Years 1-10
Years 10-15
Extended Lease Term
>ion of this Lease
annual minimum fee to
$24,000
A sum equal to th five year average of rents
(without reducti n for credits under paragraphs 5.1
and 5.6) paid i years 6-10 ofthe Initial Lease
Term
A sum equ to the five year average of rents
(without r duction for credits under paragraphs 5.1
and 5.6) aid in years 10-15 ofthe Initial Lease
Term.
The minimum fee will be payable
of each yeaz, prorated as and if r�
52
The SPYC may en�age in activities including but not limited to slip rental, launchin�,
haulin� and winter stora�e of boats, sale of fuel and marine supplies and repairs.
The SPYC may not operate or en�a�e in activities related to a commercial repair
nor may it act as a boat dealership or brokera�e.
The SPYC may not increase the
membership status past the currf
for winter storage rates unless it
two installments on June 1 and December 15
�ssary for less than full calendar years.
it offers to its slipholders based on SPYC
znting levels of $200 for dockage rates and $100
written approval from the CITY.
5.3 The CTTY has a right to insp t all books and records pertaining to the operation of the
marina by the SPYC. The TY shall be granted inspection of said books and records by
providing the SPYC with ritten notice, whereby the SPYC shall have fifteen (15) days
to provide such informa 'on to the CITY.
5.4 The SPYC shall reta an external-auditing firm to perform an annual audit of its
financial operation . The audit shall be performed in accordance with generally accepted
accountin� princ les and shall show all revenues received and expenses paid for the
SPYC's opera ons for the previous year. The SPYC shall provide the CITY with a copy
of its annual udit no later than April 15 of the next yeaz following the audit.
� .� • i
SS If an audit for the preceding year shall show a variance between the amount actually paid
and that which is due, that amount shall be either paid to the CTTY by the SPYC no later
than April I S"' of the ne�t yeaz following the audit period if an additional amount is due;
or the SPYC shall be entitled to a credit a�ainst Rent to be deducted from the next
payment due the CITY if an overpayment was made. Provided, however, that if the Lea e
A�reement expires or is temunated and the audit shall determine an overpayment the
final yeaz, the SPYC shall be entitled to a refund from the CITY for overpayment of ent.
In the case of underpayment, 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 pr ects for the
betterment of Marina Premises and Hamet Island park area (where the CI has the
primary responsibility). If the CITY specifically consents in writin� to th estimate and
plans for such work or project submitted by SPYC, the SPYC shall be ntitled to a credit
against its annual Rent payment under paragraph 5. I oFthis Lease Aa eement for such
work performed or such projects undertaken. Credits eamed for t� purpose shall not be
carried over from one year to the following year unless the SPYC eceives written
approval from the CTTY for such carryover. No credit shall be o�ued by the City for any
work or project if such work or project was solely or substanf ly far the benefit of SPYC
or of users of the Marina Premises, or if the benefit to the p lic at large is purely
incidental.
VI
CONSENT TQ
6.1
No improvements or immovable fixtures can be
SPYC on or to the Marina Premises after the C�
consent of the City. The City may require such '
will enable the City to determine whether to�
immovable fixtures.
�, installed, added or constructed by
;ncement Date without the written
nation to be supplied by SPYC as
to any proposed improvements or
6.2 The SPYC shall undertake no reconstru ion, aiterations, repairs or replacements of
existing improvements, fia�tures, faciliE s or equipment on or in the Marina Premises,
which causes �r constitutes a perm nt change in the CITY property underlying the
Marina Premises or adjacent to it, t ereto, without the written consent of the Citp.
63 An improvement for the purpos of para�raphs 6. I and 62 shall be a permanent addition
to ar permanent betterment of eal property that enhances its capital value, and does not
include ordinary repairs or 'ntenance.
6.4 The CITY's response to � request for consent under paragraphs 6.1 and 62 shall be given
in a reasonable time. Tf�e consent of the CITY shall not be unreasonably withheld.
ys �a3$
VII
COVENANTS AND UNDERTAKING
7. I
The Parties covenant, agree and acknowledge that each shall provide the followin�
equipment and services:
7. I.1 The CITY shall provide and maintain a travel lift 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
writing of any conditions requirin� attention as may be required to co
the obligations under Lease Agreement. �
� tn
with
7.1.3 The SPYC shall undertake no major improvements, construction�r alterations to
Marina Premises without the prior review and approval of the C'j�TY.
iter craft on the area
f o SPYC slip holders
written approval by the
a space available basis
boat storage area so that
�t to the obligation of
n under pazagzaph 72.1
of this Lease Agreement. The fore�oing obligat n of the City does not create or
vest in any third party or user of the Marina P emises a right or cause of action
against the City arising out of the condition f the boat storage area.
7.1.5 The SPYC will keep the area designated or boat storage clear of boats and other
equipment in order to make it available or other uses during the period beginning
7une 10 and ending September 10 of ach year Any SPYC boats that are required
to be on land for maintenance purp ses or that are otherwise not in the harbors
during this specified time will be nfined to a portion of the boat storane area as
identified by t}ie SPYC and the TY.
7.1.4 The SPYC shall be permitted to store boats and other
designated on E�ibit B. Winter storage shall be avai
only. The SPYC may, if agreed to and authorized by
CITY, store boats other than those of its slip holders �
The City shall maintain and repair the surFace of the �
it is suitable for the transport and storage of boats, ul
SPYC to maintain the Marina Premises in a saf'e nd-
7.1_6 The CITY shall provide the YC witb the CITY's accident report farms. These
forms shall be completed b SPYC representatives in instances where accidents
on or near the Marina Pr �ses are reported to or witnessed by SPYC
representatives. The SP C shall deliver completed reports to the CITY within
five working (5) days ollowing an accident on or near the Marina Premises.
7. I.7 The SPYC hereby grees to defend, indemnify and hold the CITY and any of its
officers, agents a d employees harmless from any claims, damages, or causes of
action arising fr m the use and operations of Marina Premises by SPYC, its
agents, officer , or employees. The SPYC sha11 provide at its own cost and
7
q8- /03�
expense, liability insurance naming the CITY as an additional insured thereon.
Insurance shall cover injury to persons or property in an amount not less than the
liauts of the CITY's liability as set forth in Minn. StaY. §466_O1 et seq (cunently
$30Q000 individual, $750,000 a��regate, with the a��re�ate limit increasin� to
$1,OOQ000 on January 1, 2000). SPYC shall provide evidence of such covera�e
to the CITY aanually. Nothing in this provision shall be construed in any ma e
as a waiver by the CITY of its statutory limits of liability, immunities or
exceptions. SPYC shall be obligated to maintain such coverage in full force nd
effect at all times that this Lease A�reement is in effect, and failure to do shall
be a breach thereo£ f
7.1.8 All assets present and future paid for and owned by the SPYC,
an improvement or immovable fixture on the Marina Premises,
remain the property of the SPYC unless otherwise agreed to in
Parties (i.e. docks, Iifrs, trailers, temporary buildings, blocking,
above ground gas tanks and piping, and tools and equipment).
items provided by the SPYC as such improvements or immo 1
as
(ting by the
nds, spuds,
;sent and future
fixtures (i.e.
pilings, dolphins, utility fixtures, and below ground tanks lines) shall remain
as such on the Marina Premises.
7.1.9 The SPYC shall act as the primary rental agent for tr sient boaters at Harriet
Island Regional Park All transient fees collected by he SPYC will be retained by
the SPYC.
7.1_10 The CITY will manage the Public Dock in accgfdance with the provisions found
in Exhibit C. /
7.1.11 This Lease Agreement does not exempt t SPYC or its members from park rules
and rea lations, except as may be provi ed elsewhere in this Agreement
7.1.12 The SPYC may neither operate nor mmission the operation of vending
machines that are located on pre � es visible to andlor accessible by the general
public withouC the consent and w itten authorization of the CITY.
71.13 That in cases of emer�ency o disaster such as flood or other natural act, SPYC
will vacate Marina Premises �f required and otherwise cooperate with directives
from the City's Superinte ent of Parks and Recreation, Fire Chief, Police Chief
or other City official del gated such power due to the emergency. Related costs
shall be borne by SPY unless otherwise negotiated. Further, SPYC will make
no claim against the ity for lost revenues or added expenses due to this
temporary relocati n.
9�-�038
72 The SPYC specificatty covenants and a�rees;
72.1 To maintain Marina Premises in a safe, ctean and orderly condition.
72.2 To inspect all docks on a rewiar basis to insure that they are in a safe con � ion.
The SPYC shall repair any conditions that cause the docks to be unsafe soon as
possible.
723 To keep the Marina Premises free of litter and accumulated trash. leanup of the
site shall be accomplished on a twice-weekly basis.
72.4 To store all equipment and other materials present on the Ma na premises in an
orderly manner so that the appearance of the facility is cle and or�anized.
72.5 To cut the grass and maintain the immediate banks of �ssissippi River to the
waterline adjacent to Marina Premises, marina pazkinQ areas and boat storage
areas as defined in Extubit A and B. Tree mainten e and removal will remain
the responsibility ofthe CITY.
72.6 To provide an adequate number of trash recept cles in hazbors of Mazina Premises
to accommodate debris generated by boat ow ers and their visitors to the marina
and be responsible for the removal of that t sh.
72.7 To maintain in safe and good condition e steps and access to docks in both boat
harbors.
72.8 To provide adequate lighting for d cks in both harbors.
729 To install public telephones ac ssible to boaters and visitors to the marina in
each harbor.
72.10 To furnish temporary
seasonal dockage for
for transient boaters visiting Saint Paul and
applicants and SPYC members.
7.2. I 1 To furnish a minimu of I50 and a maYimum of 175 boat slips as determined by
the SPYC . The m ximum number of slips may not exceed the permit as issued to
the CITY by the innesota Department of Natural Resources.
7.2.12 To not enter i o any business of constructing motor boats or other craft in the
harbors aro d Harriet Island or adjacent land. Marina leaseholders with
approved ckage may engage in minor boat repair to their watercraft in the
marina, wever any major boat repair work must be approved by the SPYC.
98-/0�8
7.2.13 To engage in dock construction, painting, sandblastin� in order to paint, weldin�,
carpentry and other maintenance activities incidental to operatin� a marina. T e
SPYC and the CITY shall jointly determine an area where this work may o cur.
In addition, the SPYC shall provide a weather proof building to facilitate 's
work to be located as a�reed to between the CITY and the SPYC.
72.14 To cooperate with and provide such facilities that are necessary
for CITY's Fire Department Harbor Patrol, U.S. Coast Guard,
Auxiliary and Ramsey County Sheriff Water Patrol.
Guard
72.15 To maintain and use a marina fuel stora�e and dispensing sys m. Said system
shall be under the direction and control of the SPYC and th SPYC shall be
responsible for the periodic, legally approved, testing of t
be responsible for the day to day maintenance of the t
operating condition. The SPYC shall provide jasoline o
during rewlar hours during the boatin� season and b pri
SPYC shall be responsible for any spill or dama�e t land
andlor any subsoil cleanup ordered by appropriate uthor
� tank The SPYC shall
to keep it in good
sale to the boaters
�r appointment. The
adjacent to the tanks
72.16 That the SPYC shall provide the CITY with a py of all agreements or contracts
between the SPYC and any party who will as �st the SPYC in carrying out the
stipulations of this Agreement.
72.17 To not rent space to any individual or en ty whose primary purpose is to conduct
business at that location, or allow any its membership to temporarily or
permanently conduct retail or comme ial transactions within the marina harbors.
This does not preclude slip holders om entertaining guests, nor does it prohibit
slip holders from conducting perso al business or work related to their
employment while on their boat.
72.1 S To designate safe parking are s for automobiles in the westernmost Upper Harbor
parking lot while the SPYC �s moving boats.
72.19 To provide a pump out f cility for all boaters use during regular hours of the
normal boating season.
72 20 To remove all mazi boaters' and visitors' discarded materials, parts and various
debris to maintain e boat storage, work and parking area in a clean and good
condition in both�harbors all on a twice-weekly basis.
7221 To conform tQ� City, State and Federal safety, health, accessibility and
environment�l laws and to cooperate with the appropriate agencies to achieve
such objectk�es.
10
y�-�a38
7.222 To compiy with State and Federal fair employment practice laws prohibitin�
discrimination on the basis of an applicant's age, sex, race or physical status.
also applies to persons seekin� memhership in the SPYC. ,
72.23 To use the SPYC policy (e�ibit D) which has been approved by the C�Y, that
sets up criteria for slip assignments at the Marina. Further, it is understood that
residents of the City of Saint Paul on the waiting list by January 15`�,of each year
shall be offered slips at the Marina each year before slips are offer to non-Saint
Paul residents on the waiting list: Pendin� the Saint Paul applic�meeting other
slip assignment requirements.
7224 The SPYC will annually furnish the CITY with a roster of i Board Members and
Lease Holders prior to 3une 1 of each year of this Agree nt.
7.225 To furnish the CITY with its proposed rates, includina any related discounting, for
dockage, storage and other services on or before M ch 1" of each calendaz year.
The CITY shall have the right to approve or disap ove of these rates and
discounts. The CITY shall not act arbitrarily or easonably withhold its
approval of the SPYC proposed rate or discou ng structure. If the CITY fails to
respond to the SPYC to either approve or dis pprove of said rates and discounting
within 30 days of its receipt of the proposed ate schedule, the proposed rates and
discounts shall be deemed approved by the CITY.
72.26 The SPYC agrees that its ability to p
this Agreement shall not be hindered
and that it has made all reasonable,
rf rm and fulfill a11 of its obli�ations under
delayed by the advent of the year 2000
ligent and affirmative efforts to insure the
same SPYC specifically agrees th t, in addition to all other indemnifications
obligations undertaken pursuant this Agreement, it will also indemnify the City,
its officers, employees or agent , from all suits, actions or claims whether brought
by the City or by third parties, n any way related to the advent of the year 2000
causing failure to carry out t e terms of this Agreement.
7 227 That it shall not, in
regulations, pollute
Hazardous Wastes,
Mississippi River, a
wests, transieut bo
such discharge or�
discharge or
regulations,
with all appl:
ordinances,�
laf n of any applicable federal, state or local laws or
y ir, soil or ground waters, or dischazge or release any
, into, on, over or adjacent to the Marina Premises or the
that it shall take reasonable steps to prevent all members,
rs and other users of the Marina Premises from doing so. Any
�tion, or failure to take reasonable steps to prevent such
which is in violation of any such applicable laws or
be a breach of this Lease A�reement. The SPYC shall also comply
� federal, state and local laws and regulations, including City
ng to the control, handling, discharge or release of said Hazardous
Wastes, failure so to do shall be a breach of this Lease Agreement. In addition,
SPYC sh, 1 be obligated to use the Minnesota Pollution Control Agency Fact Sheet
11
9� �a38
#424 "Mana�in� Marina Waste", published April 8, 1996, as a general �uideline,fbr
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 future updates are available and known. �
7228 Hazazdous Wastes, for the purpose of paragraph 7227 above, shall he and include
all dan�erous, to3cic or hazardous contaminants, pollutants, che cal wastes or
substances as defined in applicable federal, state or local laws or re�tions, as those
may be amended from time to time. �
7.3 The CITY specifically covenants and agrees:
73.1 To provide material and supplies in such amounts and qu tities as the CITY shall
determine adequate for trees, shrubs, benches, si�nag , portable toilets, asphalt,
�ravel, grass, snow removal, police security, security ences, lighting and fire and
emergency services.
732 To provide electrical, telephone, water, sewer (to b available sometime in 1999} and
natural gas service on the leased premises with a ailable access for installation and
hook up of marina faciliries The SPYC is respo sible for payment of all related bills
based on its usage and consumption of s�d utilities for the duration of this
Agreement.
73.3 To maintain parking within Harriet Isla d Regional Park that serves the marina
premises as well as other areas and at actions within the park The CITY will
maintain access thereto for boat owner at all times, including during special events,
and properly inform the SPYC of airy event that could hamper in any way access to
the leased premises. The CTTY 11 develop and administer a parking plan for
Harriet Island Regional Pazk that a) reserves 25 parking spaces for use by live-
aboard slip holders, and (b) ac ommodates the need for SPYC members and
authorized guests, as recognize y the CITY, to puk vehicles overnight in the Park,
providing as well for the nece,ssary related ingress to and egress from the Marina
Premises. /
7.3.4 To allow up to 175 slips fbr dockage, includin� 25 slips for year round live aboard
usage. �
73.5 To maintain the appro riate permits for the location and operation of a marina at the
leased premises that ay be required by law and to transfer all appropriate rights to
said permits to th SPYC for the duration of this lease. The CITY shall provide
copies of all such ermits to the SPYC.
73.6 To �ive the SP�'C prior notification of and provide for consultation with the SPYC
concerning a�d CITY projects which may affect the normal operarions of the SPYC,
increase tha�SPYC's expenses, or cause a loss of revenue to the SPYC.
12
y�-� a.��
VIII
ADMINISTRATION
8.1 For the purpose of the administration of this Lease A�reement, the CTTY's repre�ntative
shall be the Superintendent of Parks and Recreation and the SPYC's representati e shall be
its Commodore. No other person except the Commodore of the SPYC may bi the SPYC
to any issue or undertaking by the SPYC under this Lease Agreement.
IX
DEFAULT/REMEDY
9.1 This Lease Agreement may be terminated at any time by mutual ass nt of the Parties.
92 In the event that either party fails to perform any of the terms r conditions of this Lease
Agreement, or violates any term or condition thereof, such f ilure or violation shall be a
breach of the said AgreemenY. In the event of such a breach, t e other party may give written
notice of the breach to the party in breach. If the breach as not been cured or remedied
within thirty (30) days following the giving of such w'tten notice, the other party may
tenninate this Lease Agreement in its entirety
9.3 In the event any provision contained in this Agree ent should be breached by either party
and said breach thereafter waived by the other p rty, such waiver shall be limited to the
particular breach so waived and sha11 noe be dee ed to waive any other breach hereunder.
9.4 That neither Party will make any claim and waives any right against the other Party on
account of any loss or damage caused by ac of God, such as fire, water, windstorm, floods,
freezing gas, electric wires, �uar, civil un st and other acts of God affecting the leasehold
property in connection with its operatio . The minimum rent speeified in paragraph 5.1.1
of this agreement shall be abated in y period during which the SPYC's operations are
halted on account of such acts of Go as described within this paragraph.
9.5 I3o remedy herein confened up or reserved to either party under this Agreement is
intended to be exclusive of any her available remedy or remedies, but each and every such
remedy shall be cumulative an� shall be in addition to every other remedy given under this
Agreement or now or here er e�isting at law or in equity or by statute. No delay or
omission to exercise any ri t or power accruing upon any default shall impair any right or
power or shall be const ed to be a waiver thereof, but any such right and power may be
exercised from time to t�me and as often as may be deemed expedient.
9 6 No provision in this
of eminent domain
that any exercis�
requirements pe air
shall preclude the CITY from exercising its lawful power
ver the leasehold estate established herein, or any part thereof, provided
said power shall be in accordance with all statutory and constitutional
in� thereto.
13
�1�'�Ia38
9.7 This Lease Agreement shall be construed under the laws of the State of Minnesota; and if an�
provision or portion thereof, or the application thereof to any person or circumstances s�all,
to any extent, be invalid or unenforceable, the remainder of this Lease Agreement sha�1 not
be affected thereby, and each provision of tYus Lease A�reement shall be va�"id and
enforceable to the fullest extent provided by law. %
X
NOTICES
10 1 Any notice, statements, bills or communications provided for he
sufficiently given or rendered if in writing and either delivered to the
or sent by certified mail address to the other return-receipt postage�
AS TO CITY
AS TO 5PYC
shall be deemed
� Party personally
d as follows:
- Superintendent of Parks a d Recreation
City of Saint Paul
300 City Hall Annex
25 W. 4 Street
Saint Paul, NIN 551 2
- Commodore, St. aul Yacht Club
Harriet Island
100 Yacht Cl Road #B 1
Saint Paul, 55107-2030
or such other address as the respective Parties s 11 designate ln writing. The time of aiving
such notice or communication sha11 be deem to be the time when the same is actually
delivered to the other Party.
11.1 Cavtions and Headine. The captions �nd headings used herein are intended only for the
convenience of the reference and are s�t to be used in construing this Lease.
ll.2. Entlre Agreement. This Lease Aa eement constitutes the full and complete agreement
between the Parties hereto an there are no other terms, obligations, covenants,
representations, warranties or co ditions other than contained herein.
14
98-lv�8
IN WITNESS HEREOF, the Parties have caused this Lease A�reement to be
delivered in duplicate as of the date appearin� on pa�e one hereof.
. . . . �i��iT6'�C� � ' ►
City Attorney
CITY OF SAII�T PAUL:
Mayor, City of Saint
Superintendent
Financial
and Recreation
Director
PAUL YACHT CLUB:
G:ASP\W P�AGREEMNY1Yaaht Club Luse
Commodore
and
15
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98�ia38
Exhibit C
(Criteria governin� the management and use of the Public Dock)
11 Transient Boats The Public Dock will not function as competition for the SPYC transient boat
business. Overniehting boats will be located in the marina harbors whenever
possible. Ovemi�htin� boaters that are registered overnight wests at the
floating bed & breakfast will be permitted to overni�ht their boats on the
Public Dock
In the event that a transient boat must overnight on the dock (late anivals, full
hazbors), it will be permitted on the outside edge of the dock only.
The SPYC will retain all transient fees that it collects.
21 Use of the Boats that may tie-up to the inside of the dock will be limited to those of
Inside of Dock a maximum width of 10 feet (see attached illustration). Larger boats may tie
up to the outside of the dock only.
Overnighting in most cases will be limited to the outside of the dock. Tlus
is to avoid navigational conflicts with the neighboring SPYC dock.
3�Locatina Facilities The CITY will not locate a restaurant or other public facility along the inside
edge of the dock other than in the area beginning from where the dock meets
the shore to the point where the inside edge of the dock first drops to a lower
tier (see attached illustration).
The City will limit the width of facilities to be located within this defined
area to a maximum of 34 feet This is to minimize potential na�igational
conflicts with boats located along the neighboring SPYC dock
The potential location of any facility along the outside edge of the dock is not
affecCed by these criteria
4 Sitrna e The CITY will post signage reflecting the previous information as well as
dock hours (not to exceed park hours), reporting procedures for transients,
etc.
The CITY will work with the SPYC in developing and locating signa�e
16
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q �- �o��
LEASE AGREEMENT
This Lease, effective as of
, 1998 by and between:
� CITY OF SAINT PAITL, hereinafter called `CITY"
.�.
SAINT PAUL XACHT CLUB, INC., hereinaftei called
hereinafter jointly calied "Parties", and also individually cailed " arty".
WITNESSETH:
WHEREAS, the CITY is the owner of certain reai es e adjoining the Mississippi River
commonly known as Harriet Island wtrich contains a"Low Hazbor" outiined by a black dashed
line on attached E�chibit A and °Upper Harbor" outlined a black dashed line on attached
Eachibit B; and
WHEREAS, the CITY as Lessor, and th PXC entered into a certain Lease Agreement
dated June .1, 1992 whereby the SPYC was gr ted the right to operate a marina facility on said
Lower and Upper Harbors of Harriet Island Marina Premises"); and
WHEREAS, since June 1, 1992 ertain changes have occurred and are underway which
will enhance Hazriet Island as a recre onal facility which precipitates a new Lease Agreement
between the Parties to accommoda the changes to Harriet Island; and
WHEREAS, the
Agreement for Marina P
June l, 1992.
ielieve it is in their mutual best interest to enter the within Lease
which will replace and supersede the Lease Agreement dated
STATEMENT OF PURPOSES
PARTIES
and confirm:
Both�arties desire to provide safe and afTordable boating to the public at Harriet Island
and ave worked cooperatively to accomplish this objective at Hamet Island since 1912;
Both Parties desire to use Haniet Island park azea as efficiently as possible, be
environmentally sensitive and to maintain an aesthetically beautiful public attraction; and
o) g -�o��
II
TEKM
The term of this Lease shall be for fifteen (15) years ("Initial Le se Term"), commencing on the
first day of the month immediately following the execution of 's Lease Agreement. By way of
example, ifLease Agreement is signed on the 10�` of Septe er, the "Commencement Date"
shall be October 1.
The SPYC may request to renew this Lease Agree nt for an additional 15-yeaz tenn ('Bxtended
Lease Term"), at tlie expiration of-the Initial Leas erm. The SPYC may request this extension
upon delivery,of written notice to the CITY by e posting of certified mail on or before the last
day of the 14�` yeaz of the Initial Lease Term. he CITY may not unreasonably or arbivarily
withhold its approval of the request and wil eatend tlus Lease for an additional period of 15
years unless the SPYC has failed to meet � s obligations and covenants as described in this
Agreement. All terms and conditions o this Lease Agreement applicable to the Initial Lease
Term may remain in effect for the E nded Lease Term, except for such other provisions and
The CITY is under title restriction on Harriet Island limiting the use of the land for
certain permitted recreational uses; and
The CITY has been issued certain permits for the operation of a marina facility on Marina
Premises of Harriet Island; and /
The SPYC has occupied I�arriet Island since 1912, during which time the SP C has
continually satisfied the public recreational use criteria by providing public cess for
recreational boating, docking and boat storage for the citizens of Saiut P 1; and
The PARTIES believe it is in the best interest of the public for the SP C to continue to
operate a marina facility on Marina Premises of Aarriet Isiand.
conditions as the Parties shall
3.1
Marina Premises
Harriet Isiand Re
/ III
MARINA PREMISE5 DEFINEA
azeas commonly refened to as the lower and upper hazbors of
3.2
Puk as illustrated in Erlubits A and B.
The Marina P mises remain public spaces, however, the publid s access to certain areas
may be pro ' ited for reasons of public safety and basic security concerns. The SPYC
may, by a orizaUOn by the CITY as part of this Agreement, prohibit general public
access to ts docking areas (indicated by blue lines on E�ibits A and B) and maintenance
compo nd (indicated by red lines on E�ibit B).
q �-(osr
3.3 The area designated for boat storage is indicated by green lines on Exhibit B. Public
access to this area may be regulated for reasons of public safety in azeas where boats are
being stored. In areaswhere boats aze not stored and at times of the yeaz when boats aze
not being stored, pu6lic access will not be impeded and the azea will be availabie for use
for managed parking for special events as well as general park use.
3.4 The CITY will work in good faith to make available an additional one-haif (.5) of an acr
of land that is contiguous to the azea defined in e�ibit B(upper hazbor) for the purpo e
e�;panding the Marina Premises. The CITY will make this additional area available r
SPYC use on or before October 1, 2001. At such a time when the land is made a� able
it will function in the same manner as the defined boat storage area, and E�chibit will be
re-drawn to reflect the inclusion of the land into the Marina Pretnises.
3.5 The SPYC is awaze of the CITY's plans to make future improvements an modifications to
the upper harbor Marina.Premises as part of a larger redevelopment of arriet
Island/Lilydale Regional Park and acknowledges that such a redevelo ent may involve a
reconfiguration of the dimensions and layout of the on-land Marina remises as they are
illustrated in E�ibit B. In the event that an area is reconfigured, e CITY must make no
less land a�ailable to the SPYC to be used for the purposes
maintenance compound (as shown on E�ibit B) tlian what
such reconfiguration is initiated. The CITY wiil work wit�
oat storage and its
✓ailable to it at the time any
SPYC in planning and
initiating any reconfiguration. If the Marina Premises az reconfigured at any time,
E�ibit B will be re-drawn to reflect xhe changes. Thi clause is independent of 3.4, and
therefore does not in way excuse or substitute for t CITY's obligations contained therein.
3.6 All park lands (including pazking azeas) other t those defined as Marina Premises are
not govemed in any way, implied or other�vis , by tlus Lease Agreement and remain
under the sole control and jurisdiction of th CITY.
3.7 Both Parties acknowledge that the CIT s future plaus for Hamet Island/Lilydale
Regional Park inciude a proposed bac le/pedestrian path along the river's edge; and that
a bridge is contemplated to span th entrance of the Upper Harbor entrance to the upper
harbor as it connects the Harriet I and path with those upstreazn towards Lilydale.
Cuzrently, this path is proposed o pass through azeas ind'acated on ESChibit B as Marina
Premises. The CITY agrees t work with the SPYC in making provisions so that the
praposed bridge is designed
Premises, specificaliy so th
and out of the upper haz r.
nd built to protect the operational functions of the Marina
it will not interfere with regulaz access by boats moving in
3.8 The area designated f r boat storage includes lands above a storm sewer line that is
maintained by the partment of Public Works. If fixture maintenance work is required
on this line, the S C must respond to related requests from the CITY to clear the area
necessary to ac mplish needed maintenance. In such an event, the CITY will accept
identify aitemative areas for temporary boat storage.
d�g-10�
�v
PERMITTED USE
4.1 The SPYC shall have the exclusive privilege of operating a marina facility on Marina
Premises; and to generally cazry on and engage in noimal activities wluch aze incidental
to the operation of the marina. �
�
43
The SPYC may engage in activities including but not limited to slip rentai,
hauling and winter storage of boats, sale of fuel and marine supplies and rE
The SPYC may not operate or engage in activities related to a commercial
nor may it act as a boat dealership or brokerage. �
V
RENT
5.1 The SPYC shall pay as "Rent" during the Initiai Lease Term
Term if e�tended) an amount equal to twelve and one-half p
that the SPYC shall receive as income from Rent of summeX
storage.
garage
( the Extended Lease
: ent (12-1/2%) ofrevenues
and winter dockage and
5.2 Rent to be paid pursuant to the preceding paragraph .1 shall be based upon income for a
calendar year basis, 7anuary 1 to December 31, an shali be payable in two installments.
The first installment,-based upon estimated one- a1f ('/z) of revenues for the particular
year, shail he payable on 7une 1 of that yeaz; d the balance, based upon estimated
revenue for the full yeaz, shall be payable o ecember 15 of each calendar yeaz.
53 The CITY has a right to inspect all boo and records pertaining to the operation of the
marina by the SPYC. The CITY sha11 e granted inspection of said books and records by
providing the SPYC with written no ce, whereby the SPYC shall have fifteen (15) days.
to provide such information to the ITY.
5.4 The SPYC shall retain an eate al-auditing firm to perform an annual audit of its
financial operations. The au ' shall be performed in accordance with generaily accepted
accounting principles and s 1 show all revenues received and expenses paid for the
SPYC's operations for th previous yeaz. The SPYC shall provide the CITY with a copy
of its annuai audit no lat than April 15 of the next yeat following the audit.
5.5 If an audit for the pre eding yeaz shall show a variance between the amount actually paid
and that which is d, that amount shall be either paid to the CITY by the SPYC no later
than April 15"` of e nea�t year foilowing the audit period if an additional amount is due;
or the SPYC sh be entitled to a credit against Rent to be deducted from the next
payment due t e CITY if an overpayment was made. Provided, however, that if the Lease
Agreement e pires or is terminated and the audit sha11 determine an overpayment the
final year�e SPYC sha11 be entitied to a refund from the CITY for overpayment of Rent.
In the ca of underpayment, the SPYC will pay the CITY the amount of the
0
��r'O
�
FLTTURE IIvIPROVEMENT
61 The SPYC may propose to the CITY that it will perform certain imprc
projects for the betterment of Mariva Premises and Harriet Island par
CITY has the primazy responsibility). The CITY must specifically co
each improvement and/or groject in order that the SPYC shall be enti
work performed. The SPYC will provide an estimate for each proje
CITY agrees that the SPYC shall perform the improvement andlor r
7.1
equipment and services:
k azea here the
nse in writing for
tl to a credit for
proposed and if the
oiects, the SPYC
shall be enufled to a credit based on the approved estimate. Cre ts eazned from tkas
work shall be deducted from Rent owed to the CITY from tim to time. Credits earned
for this purpose shall not be carried over from one year to the ollowing year unless the
SPYC receives written approval from the CITY for such c over.
VII
COVENANTS AND LTNDERT G
The Parties covenant, agree and acknowledge that ach shall provide the following
7.1.1 The CITY sha11 provide and maintain y d travel lift well and the SPYC sha11
provide, operate and maintain the tr�el lift.
7.1.2 The CITY shall periodically insp t the marina facility and inform the SPYC in
writing of any conditions requi � g attention as may be required to comply with
the obligations under Lease A reement.
7.13 The SPYC shall undertake o major improvements, construction oz alterations to
Marina Premises without e prior review and approval of the CIT`I'.
7.1.4 The SPYC shall be pe 'tted to store boats and other watercraft on the azea
designated on E�ib' B. Winter storage shali be available to SPYC slip holders
only. The SPYC y, if agreed to and authorized by the written approval by the
CITY, store boat other than those of its slip holders on a space available basis.
The CITY shall e responsible for maintaining the surface of said boat storage
azea in a safe, equate condition suitable for the transport and storage of boats.
1.1.5 The SPYC il1 keep the azea desi�nated for boat storage clear of boats and other
equipment n order to make it available for other uses during the period beginning
June 10 d ending September 10 of each year. Any SPYC boats that are required
to be o land for maintenance purposes or that aze othenvise not in the hazbors
durin his specified time will be confined to a portion of the boat storage area as
ident ed by the SPYC and the CITY.
qg . �
7.1.6 The CITY shall provide the SPYC with the CITY's accident report forms. The
forms shall be completed by SPYC representatives in instances where accid s at
the marina are reported to or witnessed by SPYC representatives. The S C shall
deliver completed reports to the CITY without unreasonable delay.
7.1.7 The SPYC hereby agrees to defend, indemnify and hold the
officers, agents and employees harniless from any claims, d<
action arising from the use and operations of Marina Premis
agents, officers, or employees. The SPYC shall provide at1
e�ense, liability insurance naming the CITY as an ac
Insurance shail cover injury to persons or property in
limits of the CITY's liability as set forth in Minn. Stat
$300,000 individual, $750,000 aggregate, with the
$1,000,000 on January i, 2000). SPYC shall pr�
to the CITY annually. Nothing in this provision ha]
as a waiver by the CITY of its statutory limits
exceptions. �
7. I.8 The SPYC sha11 have the right of first
of land bordering on the SPYC leaseh
directly related to that of the Marina,
not in any way prolubit the CITY fr r.
other than slip expansion without rst
mentioned purpose.
CITY d any of its
ma s, or causes of
� y SPYC, its
.s own cost and
iiti nal insured thereon.
amount not Iess than the
466.01 et seq (currently
;regate limit increasing to
evidence of such coverage
be construed in any manner
liabality, immunities or
re al if the CITY offers the lease or sale
� (e.g. Raspberry Island) for purposes
ecifically slip expansion. This right does
i entering into a lease or sale for a purpose
offering it to the SPYC for the before
'7.1.9 All assets present and future aid for and owned by the SPYC, unless fumished as
a pennanent improvement premises, shall always remain the property of the
SPYC unless otherwise eed to in writing by the Parties (i.e. docks, lifts,
trailers, temporary buii ngs, blocking, stands, spuds, above ground gas tanks and
piping, and tools and quipment). Present and future items provided by the SPYC
as permanent impro ements (i.e. pilings, dolphins, utility fixtures, and below
ground tanks and 1� es) shall remain as such on the premises.
7.1.10 The SPYC
Island Regi
the SPYC.
7.1.11 The
in E
�act as the primary rentai agent for transient boaters at Harriet
Park. All transient fees collected by the SPYC will be retained by
manage the Public Dock in accordance with the provisions found
7.1.12 This reement does not exempt the SPYC and its individual members from park
rules d regulations, unless otherwise stipulated. The CITY will a11ow vehicles
of S YC members and guests that have a properly displayed pernut to be parked
ov rnight wit2un the pazk, and also acknowledges the need for in�ress and egress
f r persons trave]ing into and out of the Marina Premises during hours that the
azk is otherwise closed .
q �_� o z�'
7. i.13 The SPYC may neither operate nor commission the operation of vending
machines that are located on premises visibie to and/or accessible by the �
public without the consent and written authorizarion of the CITY.
7.1,14 That in cases of emergency or disaster such as flood or other natural
SPYC
will vacate Marina Premises if required and otherwise cooperate wit directives
from the City's Superintendent of Pazks and Recreation, Fire Chie , Police Gluef
or other City official delegated such power due to the emergen . Related costs
shall be borne by SPYC unless otherwise negotiated. Furthe , SPYC will make
no claim against the City for lost revenues or added expe s due to this
temporazy relocation.
72 The SPYC specifically covenants and agrees;
7.21 To maintain Mazina Premises in a safe, clean and
7.22 To inspect all docks on a regular basis to i
The SPYC shall repair any conditions that
possible.
7.23 To keep the Marina Premises free of
site shall be accomplished on a regul�
7.2.4. To store all equipment and other
orderly manner so that the appefE
condition,
hat they are in a safe condition.
the docks to be unsafe as soon as
and accumulated uash. Cleanup of the
iais present on the Marina premises in an
of the facality is clean and organized.
72.5 To cut the grass and maint ' the immediate banks of Mississippa River to the
waterline adjacent to Mar Premises, marina parking areas and boat storage
areas as defined in E�i t A and B. Tree maintenance and removal will remain
the responsibility of CITY.
7.2.6 To provide an ade ate number of trash receptacles in hazbors of Marina Premises
to accommodate ebris generated by boat owners and their visitors to the marina
and be respons� le for the removal of that trash.
'7.2.7 To mait
hazbors.
7.2.8 To
safe and good condition the steps and access to docks in both boat
adequate lighting for docks in both harbors.
72.9 To �nstall public telephones accessible to boaters and visitors to the marina in
e h hazbor.
72.1 To fumish temporary dockage for transient hoaters visiting Saint Paul and
seasonal dockage for approved applicants and SPYC members.
�It�(��
7.2.11 To fumish a minimum of I50 and a m�imum of 175 boat slips as determined by
the SPYC . The maximum number of slips may not exceed the permit as issued 1
the CITY by the Minnesota Department ofNatural Resources. /
7.2.12 To not enter into any business of constructing motor boats or other craft i the
harbors around Harriet Island or adjacent land. Marina leaseholders wi
approved dockage may engage in minor boat repair to their watercr n the
marina, however any major boat repair work must be approved by t e SPYC.
72.13 To engage in dock construction, painting, sandblasting in order o paint, welding,
carpentry and other maintenance activities incidental to oper g a marina. The
SPYC and the CITY shall jointly determine an area where t s work may occur.
In addition, the SPYC shall provide a weather proof buil ' g to facilitate this
work to be located as agreed to between the CITY and e SPYC.
7.2.14 To caoperate with and provide such facilities that az necessary and appropriate
for CITY's Fire Department Harbor Patrol, U.S. C ast Guard, Coast Guard
Auailiary and Ramsey County Sheriff Water Patr .
7.2. I S To maintain and use a marina fuel storage and ispensing system. Said system
shall be under the direction and control of t SPYC and the SPYC sha11 be
responsible for the periodic, legally a�
be responsible for the day to day maii
operating condition. The SPYC shati
during regular hours during the boati
5PYC shall be responsible for any s i.
and/or any subsoil cleanup ordere b5
7.2.16 That the SPYC shall provide
between the SPYC and any,�
stipulations of this
testing of the tank. The SPYC shall
of the tank to keep it in good
gasoline for sale to the boaters
g season and by prior appointment. The
! or damage to land adjacent to the tanks
appropriate authorities.
CITY with a copy of all agreements or contracts
who will assist the SPYC in carrying out the
7.2.17 To not rent space to individual or entity whose primary purpose is to conduct
business at that loca 'on, or allow any of its membership to temporarily or
permanently cond t retail or commercial transactions within the marina harbors.
This does not pr lude slip holders from entertaining guests, nor does it prohibit
slip holders fro conducting personal business or work related to their
employment �le on their boat.
7.2.18 To design e safe parking areas for automobiles in the westemmost Upper Harbor
parking t while the SPYC is moving boats.
7.2.19 To pr�bvide a pump out facility for all boaters use during regular hours of the
boating season.
a�g -
7.2.20 To remove all marina boaters' and visitors' discarded materials, parts and vari
debris to maintain the boat storage, work and pazking azea in a clean and go <
condition in both harbors.
7.2.21 To conform to City, State and Federal safety, health, accessibility an
environmental laws and to cooperate with the appropriate agencies o aclueve
such ob}ectives.
7.2.22 To comply with State and Federai fair employment practice ws prolubiting
discrimination on the basis of an applicant's age, se�c, race r physical status. This
also applies to persons seeking memberstup in the SPYC
7.2.23 To use the SPYC policy (exlubit D) which has been a proved by the CITI', that
sets up criteria for slip assignments at the Marina. F rther, it is understood that
residents of the City of Saint Paul on the waiting li by January 15`" of each year
sha11 be offered slips at the Marina each year bef e slips are offered to non-Saint
Paul residents on the waiting list: Pending the 'nt Paul applicant meeting other
slip assignment requirements.
72.24 The SPYC will annually fumish the CITY ith a roster of its Board Members and
Lease Holders prior to June 1 of each ye of this Agreement.
72.25 To furnish the CITY with its propos rates for dockage, storage and other
services on or before Mazch l�` of ch calendar year. The CITY shall have the
right to approve or disapprove of hese rates. The CITY shail not act arbivarily or
nnreasonably withhold its appr al of the SPYC proposed rate structure. If the
CITY fails to respond to the YC to either approve or disapprove of said rates
witlun 30 days of its receipt f the proposed rate schedule, the proposed rates shall
be deemed approved by t CITY.
1.2.2b The SPYC agrees that ts ability to perform and fulfill all of its obli�ations under
this Agreement sha11 ot be hindered or delayed by the advent of the yeu 2000
and that it has mad all reasonabie, diligent and af£irmative efforts to insure the
same. SPYC spe ifically agrees that, in addition to all other indemnificauons
obligations und aken pursuant to this Agreement, it will also indemnify the City,
its officers, e loyees or agents, from all suits, actions or claims whether brought
by the City by third parties, in any way related to the advent of the year 2000
causing f� re to carry out the terms of ttus Agreement.
73 The CITY spec�fically covenants and agrees:
7.3.1 To ovide materiai and supplies in such amounts and quantities as the CITY shall
det mune adequate for trees, shrubs, benches, signage, portable toilets, asphalt,
vel, grass, snow removal, police security, security fences, lighting and fire and
erQencv services.
� g r�Og •
7.3.2 To provide electrical, telephone, water, sewer (to be availabie sometime in 199
and naturai gas service on the leased premises with availabie access for
installation and hook up of marina facilities The SPYC is responsible for e
of all related bills based on its usage and consumption of said utilities f the
duration of this Agreement.
7.3.3 To maintain pazking within Harriet Island Regional Park that se es the marina
premises as well as other areas and attractions within the par . The CITY will
maintain access thereto for boat owners at all times, includi g during special
events, and properly inform the SPYC of any event that c uld hamper in any way
access to the leased premises. The CITY will develop d administer a parking
plan for Harriet Island Regional Pazk that reserves 25 azking spaces for use by
live aboard slip holders.
73.4 To allow up to 175 slips for dockage, including 25 lips for year round live aboazd
usage.
73.5 To maintain the appropriate permits for the lo tion and operation of a marina at
the leased premises that may be required by 1 and to transfer all appropriate
rights to said pernuts to the SPYC for the ration of this lease. The CITY shall
provide copies of all such permits to the XC.
73.6 To give the SPYC prior notificat3on� and provide for consultation with the
SPYC concerning and CITY pro}ec which may affect the normat operations of
the SPYC, increase the SPYC's
or cause a loss of revenue to the SPYC.
VIII
TION
8.1 For the purpose of the admini ration of this Lease Agreement, the CITY's representative
shall be the Superintendent o Parks and Recreation and the SPYC's representative shall
be its Commodore. No o r person except the Commodore of the SPYC may bind the
SPYC to any issue or un rtaking by the SPYC under this Lease Agreement.
IX
DEFAULT/REMEDY
9.1 This Lease Agre�ment may be terminated at any time by mutual assent of the Parties.
9.2 In the event t at either party fails to perform any of the terms or conditions of this
Agreement, s shall constitute default, and the non-defaulting party may cancei the
Agreemen n its entirety, if the defaults are not remedied within thirty (30) days after
receipt of�written notice of any such failure to perform or breach.
10
q� _���'
93 In the event any provision contained in this Agreement should be breached by either
and saad breach thereafter waived by the other party, such waiver shall be limited t the
particular breach so waived and shall not be deemed to waive any other breach reund
9.4 No remedy herein conferred upon or reserved to either parry under this Agr ment is
intended to be exclusive of any other available remedy or remedies, but e and every
such remedy shall be cumulative and shall be in addition to every other medy given
under this Agreement or now or hereafter e�sting at law or in equaty r by statute. No
delay or omission to exercise any right or power accruing upon any efault sHall impair
any right or power or shall be construed to be a waiver thereof, bu any such right and
power may be exercised from time to time and as often as may b deemed expedient.
9.5 This Lease Agreement shail be construed under the laws of the tate of Minnesota; and if
any provision or portion thereof, or the application thereof to y person or circumstances
sha11, to any extent, be invalid or unenforceable, the remaind of this Lease Agreement
shall not be affected thereby, and each provision of this Le e Agreement shall be valid
and enforceable to the fullest eatent provided by law.
X
NOTICES
10.1 Any,notice, statements, bills or communicatio provided for herein shall be deemed
sutiiciently given or rendered if in writing an either delivered to the other Party
personally or sent by certified mail address o the other return-receipt postage prepaid as
follows:
AS TO CITY
'Superintendent of Pazks and Recreation
City of Saint Paul
300 City Aall Annex
25 W. 4`" Street
Saint Paul, MN 55102
AS TO SPYC - Commodore, St. Paul Yacht Club
Harriet Isiand
100 Yacht Club Road #Bl
Saint Paul, MN 55107-2030
or such other addr ss as the respecuve Parties shall designate in writing_ The time of
giving such noti or communication shall be deemed to be the time when the same is
actually deliver d to the other Party.
I1
� _�o��'
�
MISCELLANEOUS
11.1 Captions and Headine. The captions and headings used herein are intended only for the
convenience of the reference and are not to be used in construing this Lease. /"
11.2. Entire A�eement. � This Lease Agreement constitutes the full and complete
between the Parties hereto and there aze no other terms, obligations, coven<
representations, warranties or conditions other than contained herein. �
IN WITNESS HEREOF, the Parties have caused tlus Lease Agreen�ent to be executed
and delivered in duplicate as of the date appeazing on page one hereof. �
APPROVED AS TO FORM:
City Attorney
CITY OF S PAUL:
Mayor, ity of Saint Paul
Superintendent of Parks and Recreation
Financial Services Director
SAINT PAUL YACHT CLLTB:
Commodore
l2
98-�6 � 8
Exhibit C
(Criteria governing the management and use of the Public Dock)
1) Transient Boats
2) Use of the
Inside ofDock
The Public Dock will not function as competirion for the�SPYC transient
boat business. Overnighting boats will be located in the marina� bors
whenever possible.
In the event that a transient boat must overnight on the
full harbors), it will be pemutted on the outside edge of
The SPYC will retain all transient fees that it collects.
Boats that may tie-up to the inside of the dock will
a m�imum width of 10 feet (see attached illustratii
tie up to the outside of the dock only. �
�(late arrivals,
dock only.
mited to those of
Larger boats may
Overnighting in most cases wili be limited to the outside of the dock. This
is to avoid navigational conflicts with the neig oring SPYC dock.
3) Locatin� Facilities The CITY will not locate a restaurant or ot er public facility along the
inside edge of the dock other than in the ea beginning from where the
dock meets the shore to the point where he inside edge of the dock first
drops to a lower tier (see attached illu ation}.
The City will limit the width of fac' ties to be located within this defined
azea to a maximum of 34 feet. T s is to minimize potential navigational
conflicts with boats located alo g the neighboring SPYC dock.
The potential location of
not affected by these crit�
facility along the outside edge of the dock is
4 Si a e The CITY will post s' nage reflecting the previous information as well as
dock hours (not to ceed pazk hours), reporting procedures for transients,
etc.
The CITY wi1l�Gvork with the SPYC in developing and locating signage.
Amendment to Item #25
Council Member Mike Harris
��i�3 �
AND BE TT FLJRTHER RF OLVE D, t at the City Council requests Pazks and Recreation staff
to report to the Council ori June 1, �999 and September 1, i�999 regarding the 5aint Paul Yacht
Ciub's performance on the following specific provisions contained within the lease: Item 7.1.4,
Item 7.1.5, Item 7.23, Item 7.2.20 and Item 7.2.21.