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98-446Council File # �� • tiy` -- - -- Green Sheet # �p� ��"'� � Presented By Referred to RESOLUTIUN C1TY OF SAIN7 PAUL, MINNESOTA �� Committee: Date 1 2 3 4 5 � 10 11 12 13 14 WHEREAS, Thomas Annunziata, owner of Putt`er There Mini GolE has leased and operated the current City owned miniature golf activity in Como Park since 1994; and WHEREAS, said miniature golf facility can no longer support a profitable operation; and WFIEREAS, Thomas Annunziata will at his own expense, build a new miniature golf facility; and WHEREAS, the users of Como Park will benefit from said new facility; and WHEREAS, Thomas Annw. requires a ten year agreement to recover his capital investment; NOW THEREFORE BE IT RE50LVED, that the Saint Paul City Council authorizes the proper officials of the Division of Parks and Recreation to enter into the attached agreement. Adopted by Council: Requested b : � Di ision o ks creation V" g Form Approv by City tto ney By: / ✓�GGQ Date `�� Approve by Mayor Submission to Counc � , �n _ �. �A Certified by council Secretary By Approved By: DEPARTMENTfOFF �EfCOUNCIL Parks a�d Recreation _.� I COMACi PEASON AND PHONE � "� ' " " � � Vic Wittgenstein 266-6409 MOST BE ON COl1NCIL AGENDA BY IDATE) May 27, 1998 oareiwma'rEO GREEN SHEET _�� 1 NQ 63494 ` � 5/11/98 - ------ — � INITIAUDATE INRIAVDATE �`� � DEPARTMENT DIREGTOR 4 CffY COUNCII ASSIGN \ NUM6Efl FO(i� Z CIT' ATTORNEY — CRY CIERK HOU�ING OPDEH BUDGET DIRECTOR FIN. & MGT. SERVICES Dlft. 3 MAYpR �OR ASSISiAN'p 5 Parks & Recreation TOTAL 2 OF SIGNATUflE PAGES � (CpP ALL LOCA710NS FOR SIGNANNEI ACTION REQUE5iEO: Signatures of ihe Superintendent of Parks and Recreation, City Attorney and Mayor and passage ot the attached City Council Resolution aflowing staff to enter into an Agreement with PutYer There for the operation of the Como Park Miniature Goff facility. RECOMMENOATIONS: P.pO�ove (AI or RejecC (RI _PiANNWGCOMMISSiON __CIVRSEHVICECOMMISSION _CIB COMMITTEE _ A STAFF _ _DISTRICT CQUNCII ___ SUPPORTS WNtCH COUNQl06JECTIVE? Recreation INITIATIN6 PflOBLEM, ISSUE, OPPOFTl1NIT' (Who, W�aq When, Where, WhN� PFFSONAI SEFtVICE CONTRACTS MUST ANSWER THE FOIL�WING QUESTl�NS: 1. Has this pe�soMfiim ever worked unde� 3 conhaci for Yh�s depar[menR YES NO 2. Has this persan/firm ever been a ciry employee? YES NO 3. Does [his persoNfirm possess a 5kill not normally possessetl by anY curren[ ciry employee? YES NO Ertplain all yes answers on saparMa sheet and attach m green shee[. PutYer There Mini Golf has operated the miniature golf facility in Como Park since 1994. PutYer There is willing at its own expense to build a new miniature golf facility. The attached resolution authorizes the Division of Parks and Recreation to enter into a ten year agreement with PutYer There, allowing PutYer 7here to operate the new facility for ten years to recover its capital investment. ADVAMAGES IF APPROVED: The users of Como Park will have a new Miniature Golf facility and the City will receive increased fees for the lease of said facility. DISAOVANTAGES IF APPROVEO� None lAAY 1 g i99H ;. #^'- � DISADVANTAGES IF NOT APPROVED: Loss of lease fees and no miniature golf facility for the public to use. �,����� � �3 �� fiAAY 1 1398 �`�m =� ��� �� TOTAL AMOUNT OF TRANSACTION FUNDING `INANCIAL WFORMATIQN: (EXPLAINI COST REVENUE BUDGETED (CfRCLE ONEI VES ACTIVffV NUM6ER NO G��J�{'si; 7�+��.f'i6'.�lii V'v'vEivi �tY •�t4� AGREEMENT THIS AGREEMENT, made and entered into this f` day of 1998, by and between the CITY OF SANT PAUL, hereinafter referred to as the "City" and THOVIAS A1VNiNZIATA, hereinafter referred to as "PUTT'ER THERE." WIT'NESSETH: That for the consideration hereinafter specified, the City does hereby grant to Putt'er There the privilege of operating a Miniature Golf Putting Coutse at Como Park for the year 1998 through 2007 beginning April 1, 1998 and ending October 31, 2007 upon the foilowing conditions: 1. 2. 3. That Putt'er There wili at its own expense build a new miniahue golf facility in the City's Como Park. All site and facility plans must be approved by the City prior to "Putt'er There" beginning any construction of the new facility. That Putt'er There will be responsibie for paying for any and all hook-ups needed to existing utilities in conjunction with its construction of the new facility. That Putt'er There shall pay the City the following fees for the right to operate the miniature golf course in Como Pazk. Year 1498 1999-2001 2002-2004 2005-2007 Fee $1.00 $3,000 per year $4,000 per year $5,000 per yeaz Payment shall be made in the four instaliments each year under the following schedule. 7une 15�' 3uly 15"` August 15�' September 15�' One fou.� of annual fee One fourth of annual fee One fourth of annual fee One fourth of annual fee 4. That by June 15 of each year Putt'er There shall submit to the City for iYs approvai, through its Superintendent of Parks and Recreation, the proposed fees it plans to charge the public for the use of the miniature golf course for the upcoming season. Such approval shall not be unreasonably with-held. - -a�-�y� 5. That by June 15`� of each yeaz Putt'er There shall submit to the City for iYs approval it's proposed operating schedule for the upcoming season. Such approval shall not be unreasonably with-held b. That Putt' er There may renew this Agreement for up to two five year periods pending the ability ta agree to tetms with the City relative to fees to be paid to the City. ?. That it is agreed that upon completion of the construction of the golf course ali unprovements that have been made to the site, including the course itself shall become the property of the City of Saint Paul. The historic troliey car proposed to be used as an office at the site shall remain the property of Putt'er There. 8. Putt'er There shall submit to the City, within ninety (90) days following the end of each year a statement of gross receipts and expenditures using true and acceptable accounting procedures. Said report shall contain such information and be in such form as to be acceptable to the Ciry. The City shall have the right to inspect the books and records of Putt'er There during normal business hours. 9. Putt'er There shall keep the premises in neat and clean condition at ail times. Maintenance and upkeep of said facility shall be kept at such a level so as not to detract from the overall puk standards and operations. 10. No employee of Putt' er There shail be required or permitted to work longer than foriy (40) hours in any one week, except that additional hours may be worked if overtime is gaid therefore at the hourly rate for such employment, and the wages to be paid any such employee doing the same or sunilar work, and if there is no wage scale set for that type of work by the Ciry, then the wage scale paid shall not be less than the rate provided for a refectory sales cierk employed by the Ciry. 11. Putt'er There agrees to hold the City harmless and to indemnify the Ciry for all damages or charges nnposed for any violation of laws or ordinances that are occasioned by the negligence of Putt'er There or those holding or operating under it; that Putt'er There"will, at all tunes, protect, indemnify, save and keep harmless the City, its officers, agents, and employees against and from any and all loss, cost, damage or expense arising out of or from any accident or other occurrence on or about the premises whereon the mnuature golf putting course is operating, causing injury to any person or property, whomsoever and whatsoever, and protect, indemnify, save and keep harmless the Ciry, its officers, agents and empioyees against and from any and all claims and against and from any and ali loss, cost, connection with the miniature goif putting course operated by Putt'er There or about the premises used by Putt'er There, pursuant to the privileges granted hereunder which may cause injury to any person or properiy. As additional assurance of such indemnification but not in lieu thereof, - ��-y�t6 Putt'er There shall provide a general liability insurance policy in which the City of Saint Faul shall be named as additional insured, which policy shall cover the period of time of the cont�act, and shall cover injury to persons or properry arising out of the operation of the miuiature golf putring course on Como Park in amounts not less than $300,000 where the ciaim is one for death by wrongful act or omission and $300,000 to any claimant in any othei case, $1,000,000 for any mtmber of claims arising out of a single occurrence. Putt'er There shall not begin operation of the privIleges herein granted until such policy shall have been approved by the City Attorney and filed with the Director of Financial Services thereof. 12. It is hereby expressly understood and agreed that this requirement with respect to insurance coverage is a continuing obligation and the rights and privileges granted hereunder shall lapse automatically upon the failure of Putt'er There to obtain the aforementioned insurance coverage. 13. In the event the Ciry chooses not to renew this agreement, Putt'er There shall restore the land to its natural condition upon expiration of this Agreement. 14. The City reserves the right to terminate this Agreement, without refund of any monies paid said Ciry for violation of any provision of this Agreement. Vacation of the assigned premises shail be completed by Putt'er There within thirty (30) days after receipt of written notice of termination by the City. 15. It is further understood and agreed that the City may cancel or terminate this Agreement without cause within thirry (30) days after receipt of written notice of Cermination from City. If such a canceilation is made, there shall be a refund made on a pro-rata basis, based on a period running from April l�` to October 31s` . IN WITNESS WHEREOF, the undersigned have hereunto set their hands the day and yeaz first above written. FORM APPROVED: Assistant Ciry Attorney PUTTBR THERE R3 Council File # �� • tiy` -- - -- Green Sheet # �p� ��"'� � Presented By Referred to RESOLUTIUN C1TY OF SAIN7 PAUL, MINNESOTA �� Committee: Date 1 2 3 4 5 � 10 11 12 13 14 WHEREAS, Thomas Annunziata, owner of Putt`er There Mini GolE has leased and operated the current City owned miniature golf activity in Como Park since 1994; and WHEREAS, said miniature golf facility can no longer support a profitable operation; and WFIEREAS, Thomas Annunziata will at his own expense, build a new miniature golf facility; and WHEREAS, the users of Como Park will benefit from said new facility; and WHEREAS, Thomas Annw. requires a ten year agreement to recover his capital investment; NOW THEREFORE BE IT RE50LVED, that the Saint Paul City Council authorizes the proper officials of the Division of Parks and Recreation to enter into the attached agreement. Adopted by Council: Requested b : � Di ision o ks creation V" g Form Approv by City tto ney By: / ✓�GGQ Date `�� Approve by Mayor Submission to Counc � , �n _ �. �A Certified by council Secretary By Approved By: DEPARTMENTfOFF �EfCOUNCIL Parks a�d Recreation _.� I COMACi PEASON AND PHONE � "� ' " " � � Vic Wittgenstein 266-6409 MOST BE ON COl1NCIL AGENDA BY IDATE) May 27, 1998 oareiwma'rEO GREEN SHEET _�� 1 NQ 63494 ` � 5/11/98 - ------ — � INITIAUDATE INRIAVDATE �`� � DEPARTMENT DIREGTOR 4 CffY COUNCII ASSIGN \ NUM6Efl FO(i� Z CIT' ATTORNEY — CRY CIERK HOU�ING OPDEH BUDGET DIRECTOR FIN. & MGT. SERVICES Dlft. 3 MAYpR �OR ASSISiAN'p 5 Parks & Recreation TOTAL 2 OF SIGNATUflE PAGES � (CpP ALL LOCA710NS FOR SIGNANNEI ACTION REQUE5iEO: Signatures of ihe Superintendent of Parks and Recreation, City Attorney and Mayor and passage ot the attached City Council Resolution aflowing staff to enter into an Agreement with PutYer There for the operation of the Como Park Miniature Goff facility. RECOMMENOATIONS: P.pO�ove (AI or RejecC (RI _PiANNWGCOMMISSiON __CIVRSEHVICECOMMISSION _CIB COMMITTEE _ A STAFF _ _DISTRICT CQUNCII ___ SUPPORTS WNtCH COUNQl06JECTIVE? Recreation INITIATIN6 PflOBLEM, ISSUE, OPPOFTl1NIT' (Who, W�aq When, Where, WhN� PFFSONAI SEFtVICE CONTRACTS MUST ANSWER THE FOIL�WING QUESTl�NS: 1. Has this pe�soMfiim ever worked unde� 3 conhaci for Yh�s depar[menR YES NO 2. Has this persan/firm ever been a ciry employee? YES NO 3. Does [his persoNfirm possess a 5kill not normally possessetl by anY curren[ ciry employee? YES NO Ertplain all yes answers on saparMa sheet and attach m green shee[. PutYer There Mini Golf has operated the miniature golf facility in Como Park since 1994. PutYer There is willing at its own expense to build a new miniature golf facility. The attached resolution authorizes the Division of Parks and Recreation to enter into a ten year agreement with PutYer There, allowing PutYer 7here to operate the new facility for ten years to recover its capital investment. ADVAMAGES IF APPROVED: The users of Como Park will have a new Miniature Golf facility and the City will receive increased fees for the lease of said facility. DISAOVANTAGES IF APPROVEO� None lAAY 1 g i99H ;. #^'- � DISADVANTAGES IF NOT APPROVED: Loss of lease fees and no miniature golf facility for the public to use. �,����� � �3 �� fiAAY 1 1398 �`�m =� ��� �� TOTAL AMOUNT OF TRANSACTION FUNDING `INANCIAL WFORMATIQN: (EXPLAINI COST REVENUE BUDGETED (CfRCLE ONEI VES ACTIVffV NUM6ER NO G��J�{'si; 7�+��.f'i6'.�lii V'v'vEivi �tY •�t4� AGREEMENT THIS AGREEMENT, made and entered into this f` day of 1998, by and between the CITY OF SANT PAUL, hereinafter referred to as the "City" and THOVIAS A1VNiNZIATA, hereinafter referred to as "PUTT'ER THERE." WIT'NESSETH: That for the consideration hereinafter specified, the City does hereby grant to Putt'er There the privilege of operating a Miniature Golf Putting Coutse at Como Park for the year 1998 through 2007 beginning April 1, 1998 and ending October 31, 2007 upon the foilowing conditions: 1. 2. 3. That Putt'er There wili at its own expense build a new miniahue golf facility in the City's Como Park. All site and facility plans must be approved by the City prior to "Putt'er There" beginning any construction of the new facility. That Putt'er There will be responsibie for paying for any and all hook-ups needed to existing utilities in conjunction with its construction of the new facility. That Putt'er There shall pay the City the following fees for the right to operate the miniature golf course in Como Pazk. Year 1498 1999-2001 2002-2004 2005-2007 Fee $1.00 $3,000 per year $4,000 per year $5,000 per yeaz Payment shall be made in the four instaliments each year under the following schedule. 7une 15�' 3uly 15"` August 15�' September 15�' One fou.� of annual fee One fourth of annual fee One fourth of annual fee One fourth of annual fee 4. That by June 15 of each year Putt'er There shall submit to the City for iYs approvai, through its Superintendent of Parks and Recreation, the proposed fees it plans to charge the public for the use of the miniature golf course for the upcoming season. Such approval shall not be unreasonably with-held. - -a�-�y� 5. That by June 15`� of each yeaz Putt'er There shall submit to the City for iYs approval it's proposed operating schedule for the upcoming season. Such approval shall not be unreasonably with-held b. That Putt' er There may renew this Agreement for up to two five year periods pending the ability ta agree to tetms with the City relative to fees to be paid to the City. ?. That it is agreed that upon completion of the construction of the golf course ali unprovements that have been made to the site, including the course itself shall become the property of the City of Saint Paul. The historic troliey car proposed to be used as an office at the site shall remain the property of Putt'er There. 8. Putt'er There shall submit to the City, within ninety (90) days following the end of each year a statement of gross receipts and expenditures using true and acceptable accounting procedures. Said report shall contain such information and be in such form as to be acceptable to the Ciry. The City shall have the right to inspect the books and records of Putt'er There during normal business hours. 9. Putt'er There shall keep the premises in neat and clean condition at ail times. Maintenance and upkeep of said facility shall be kept at such a level so as not to detract from the overall puk standards and operations. 10. No employee of Putt' er There shail be required or permitted to work longer than foriy (40) hours in any one week, except that additional hours may be worked if overtime is gaid therefore at the hourly rate for such employment, and the wages to be paid any such employee doing the same or sunilar work, and if there is no wage scale set for that type of work by the Ciry, then the wage scale paid shall not be less than the rate provided for a refectory sales cierk employed by the Ciry. 11. Putt'er There agrees to hold the City harmless and to indemnify the Ciry for all damages or charges nnposed for any violation of laws or ordinances that are occasioned by the negligence of Putt'er There or those holding or operating under it; that Putt'er There"will, at all tunes, protect, indemnify, save and keep harmless the City, its officers, agents, and employees against and from any and all loss, cost, damage or expense arising out of or from any accident or other occurrence on or about the premises whereon the mnuature golf putting course is operating, causing injury to any person or property, whomsoever and whatsoever, and protect, indemnify, save and keep harmless the Ciry, its officers, agents and empioyees against and from any and all claims and against and from any and ali loss, cost, connection with the miniature goif putting course operated by Putt'er There or about the premises used by Putt'er There, pursuant to the privileges granted hereunder which may cause injury to any person or properiy. As additional assurance of such indemnification but not in lieu thereof, - ��-y�t6 Putt'er There shall provide a general liability insurance policy in which the City of Saint Faul shall be named as additional insured, which policy shall cover the period of time of the cont�act, and shall cover injury to persons or properry arising out of the operation of the miuiature golf putring course on Como Park in amounts not less than $300,000 where the ciaim is one for death by wrongful act or omission and $300,000 to any claimant in any othei case, $1,000,000 for any mtmber of claims arising out of a single occurrence. Putt'er There shall not begin operation of the privIleges herein granted until such policy shall have been approved by the City Attorney and filed with the Director of Financial Services thereof. 12. It is hereby expressly understood and agreed that this requirement with respect to insurance coverage is a continuing obligation and the rights and privileges granted hereunder shall lapse automatically upon the failure of Putt'er There to obtain the aforementioned insurance coverage. 13. In the event the Ciry chooses not to renew this agreement, Putt'er There shall restore the land to its natural condition upon expiration of this Agreement. 14. The City reserves the right to terminate this Agreement, without refund of any monies paid said Ciry for violation of any provision of this Agreement. Vacation of the assigned premises shail be completed by Putt'er There within thirty (30) days after receipt of written notice of termination by the City. 15. It is further understood and agreed that the City may cancel or terminate this Agreement without cause within thirry (30) days after receipt of written notice of Cermination from City. If such a canceilation is made, there shall be a refund made on a pro-rata basis, based on a period running from April l�` to October 31s` . IN WITNESS WHEREOF, the undersigned have hereunto set their hands the day and yeaz first above written. FORM APPROVED: Assistant Ciry Attorney PUTTBR THERE R3 Council File # �� • tiy` -- - -- Green Sheet # �p� ��"'� � Presented By Referred to RESOLUTIUN C1TY OF SAIN7 PAUL, MINNESOTA �� Committee: Date 1 2 3 4 5 � 10 11 12 13 14 WHEREAS, Thomas Annunziata, owner of Putt`er There Mini GolE has leased and operated the current City owned miniature golf activity in Como Park since 1994; and WHEREAS, said miniature golf facility can no longer support a profitable operation; and WFIEREAS, Thomas Annunziata will at his own expense, build a new miniature golf facility; and WHEREAS, the users of Como Park will benefit from said new facility; and WHEREAS, Thomas Annw. requires a ten year agreement to recover his capital investment; NOW THEREFORE BE IT RE50LVED, that the Saint Paul City Council authorizes the proper officials of the Division of Parks and Recreation to enter into the attached agreement. Adopted by Council: Requested b : � Di ision o ks creation V" g Form Approv by City tto ney By: / ✓�GGQ Date `�� Approve by Mayor Submission to Counc � , �n _ �. �A Certified by council Secretary By Approved By: DEPARTMENTfOFF �EfCOUNCIL Parks a�d Recreation _.� I COMACi PEASON AND PHONE � "� ' " " � � Vic Wittgenstein 266-6409 MOST BE ON COl1NCIL AGENDA BY IDATE) May 27, 1998 oareiwma'rEO GREEN SHEET _�� 1 NQ 63494 ` � 5/11/98 - ------ — � INITIAUDATE INRIAVDATE �`� � DEPARTMENT DIREGTOR 4 CffY COUNCII ASSIGN \ NUM6Efl FO(i� Z CIT' ATTORNEY — CRY CIERK HOU�ING OPDEH BUDGET DIRECTOR FIN. & MGT. SERVICES Dlft. 3 MAYpR �OR ASSISiAN'p 5 Parks & Recreation TOTAL 2 OF SIGNATUflE PAGES � (CpP ALL LOCA710NS FOR SIGNANNEI ACTION REQUE5iEO: Signatures of ihe Superintendent of Parks and Recreation, City Attorney and Mayor and passage ot the attached City Council Resolution aflowing staff to enter into an Agreement with PutYer There for the operation of the Como Park Miniature Goff facility. RECOMMENOATIONS: P.pO�ove (AI or RejecC (RI _PiANNWGCOMMISSiON __CIVRSEHVICECOMMISSION _CIB COMMITTEE _ A STAFF _ _DISTRICT CQUNCII ___ SUPPORTS WNtCH COUNQl06JECTIVE? Recreation INITIATIN6 PflOBLEM, ISSUE, OPPOFTl1NIT' (Who, W�aq When, Where, WhN� PFFSONAI SEFtVICE CONTRACTS MUST ANSWER THE FOIL�WING QUESTl�NS: 1. Has this pe�soMfiim ever worked unde� 3 conhaci for Yh�s depar[menR YES NO 2. Has this persan/firm ever been a ciry employee? YES NO 3. Does [his persoNfirm possess a 5kill not normally possessetl by anY curren[ ciry employee? YES NO Ertplain all yes answers on saparMa sheet and attach m green shee[. PutYer There Mini Golf has operated the miniature golf facility in Como Park since 1994. PutYer There is willing at its own expense to build a new miniature golf facility. The attached resolution authorizes the Division of Parks and Recreation to enter into a ten year agreement with PutYer There, allowing PutYer 7here to operate the new facility for ten years to recover its capital investment. ADVAMAGES IF APPROVED: The users of Como Park will have a new Miniature Golf facility and the City will receive increased fees for the lease of said facility. DISAOVANTAGES IF APPROVEO� None lAAY 1 g i99H ;. #^'- � DISADVANTAGES IF NOT APPROVED: Loss of lease fees and no miniature golf facility for the public to use. �,����� � �3 �� fiAAY 1 1398 �`�m =� ��� �� TOTAL AMOUNT OF TRANSACTION FUNDING `INANCIAL WFORMATIQN: (EXPLAINI COST REVENUE BUDGETED (CfRCLE ONEI VES ACTIVffV NUM6ER NO G��J�{'si; 7�+��.f'i6'.�lii V'v'vEivi �tY •�t4� AGREEMENT THIS AGREEMENT, made and entered into this f` day of 1998, by and between the CITY OF SANT PAUL, hereinafter referred to as the "City" and THOVIAS A1VNiNZIATA, hereinafter referred to as "PUTT'ER THERE." WIT'NESSETH: That for the consideration hereinafter specified, the City does hereby grant to Putt'er There the privilege of operating a Miniature Golf Putting Coutse at Como Park for the year 1998 through 2007 beginning April 1, 1998 and ending October 31, 2007 upon the foilowing conditions: 1. 2. 3. That Putt'er There wili at its own expense build a new miniahue golf facility in the City's Como Park. All site and facility plans must be approved by the City prior to "Putt'er There" beginning any construction of the new facility. That Putt'er There will be responsibie for paying for any and all hook-ups needed to existing utilities in conjunction with its construction of the new facility. That Putt'er There shall pay the City the following fees for the right to operate the miniature golf course in Como Pazk. Year 1498 1999-2001 2002-2004 2005-2007 Fee $1.00 $3,000 per year $4,000 per year $5,000 per yeaz Payment shall be made in the four instaliments each year under the following schedule. 7une 15�' 3uly 15"` August 15�' September 15�' One fou.� of annual fee One fourth of annual fee One fourth of annual fee One fourth of annual fee 4. That by June 15 of each year Putt'er There shall submit to the City for iYs approvai, through its Superintendent of Parks and Recreation, the proposed fees it plans to charge the public for the use of the miniature golf course for the upcoming season. Such approval shall not be unreasonably with-held. - -a�-�y� 5. That by June 15`� of each yeaz Putt'er There shall submit to the City for iYs approval it's proposed operating schedule for the upcoming season. Such approval shall not be unreasonably with-held b. That Putt' er There may renew this Agreement for up to two five year periods pending the ability ta agree to tetms with the City relative to fees to be paid to the City. ?. That it is agreed that upon completion of the construction of the golf course ali unprovements that have been made to the site, including the course itself shall become the property of the City of Saint Paul. The historic troliey car proposed to be used as an office at the site shall remain the property of Putt'er There. 8. Putt'er There shall submit to the City, within ninety (90) days following the end of each year a statement of gross receipts and expenditures using true and acceptable accounting procedures. Said report shall contain such information and be in such form as to be acceptable to the Ciry. The City shall have the right to inspect the books and records of Putt'er There during normal business hours. 9. Putt'er There shall keep the premises in neat and clean condition at ail times. Maintenance and upkeep of said facility shall be kept at such a level so as not to detract from the overall puk standards and operations. 10. No employee of Putt' er There shail be required or permitted to work longer than foriy (40) hours in any one week, except that additional hours may be worked if overtime is gaid therefore at the hourly rate for such employment, and the wages to be paid any such employee doing the same or sunilar work, and if there is no wage scale set for that type of work by the Ciry, then the wage scale paid shall not be less than the rate provided for a refectory sales cierk employed by the Ciry. 11. Putt'er There agrees to hold the City harmless and to indemnify the Ciry for all damages or charges nnposed for any violation of laws or ordinances that are occasioned by the negligence of Putt'er There or those holding or operating under it; that Putt'er There"will, at all tunes, protect, indemnify, save and keep harmless the City, its officers, agents, and employees against and from any and all loss, cost, damage or expense arising out of or from any accident or other occurrence on or about the premises whereon the mnuature golf putting course is operating, causing injury to any person or property, whomsoever and whatsoever, and protect, indemnify, save and keep harmless the Ciry, its officers, agents and empioyees against and from any and all claims and against and from any and ali loss, cost, connection with the miniature goif putting course operated by Putt'er There or about the premises used by Putt'er There, pursuant to the privileges granted hereunder which may cause injury to any person or properiy. As additional assurance of such indemnification but not in lieu thereof, - ��-y�t6 Putt'er There shall provide a general liability insurance policy in which the City of Saint Faul shall be named as additional insured, which policy shall cover the period of time of the cont�act, and shall cover injury to persons or properry arising out of the operation of the miuiature golf putring course on Como Park in amounts not less than $300,000 where the ciaim is one for death by wrongful act or omission and $300,000 to any claimant in any othei case, $1,000,000 for any mtmber of claims arising out of a single occurrence. Putt'er There shall not begin operation of the privIleges herein granted until such policy shall have been approved by the City Attorney and filed with the Director of Financial Services thereof. 12. It is hereby expressly understood and agreed that this requirement with respect to insurance coverage is a continuing obligation and the rights and privileges granted hereunder shall lapse automatically upon the failure of Putt'er There to obtain the aforementioned insurance coverage. 13. In the event the Ciry chooses not to renew this agreement, Putt'er There shall restore the land to its natural condition upon expiration of this Agreement. 14. The City reserves the right to terminate this Agreement, without refund of any monies paid said Ciry for violation of any provision of this Agreement. Vacation of the assigned premises shail be completed by Putt'er There within thirty (30) days after receipt of written notice of termination by the City. 15. It is further understood and agreed that the City may cancel or terminate this Agreement without cause within thirry (30) days after receipt of written notice of Cermination from City. If such a canceilation is made, there shall be a refund made on a pro-rata basis, based on a period running from April l�` to October 31s` . IN WITNESS WHEREOF, the undersigned have hereunto set their hands the day and yeaz first above written. FORM APPROVED: Assistant Ciry Attorney PUTTBR THERE R3