R2022-48 Resolution Authorizing Lake Decatur Lease Agreement between the Decatur Park District, G & H Marine, Inc., and the City of Decatur

Home Browse Search

unless City and/or DPD notify G&H in writing at least one(1)year prior to the termination of the Initial Term that they do not intend to renew this Agreement for a Renewal Term. This automatic renewal process shall apply during all Renewal Terms. 5. POSSESSION.Possession of the Premises shall commence on the date of execution of this Agreement. G&H shall make no claim against City or DPD for delay in obtaining possession. 6. MARINA CONSTRUCTION. G &H shall be solely responsible for financing and constructing the Project. The Project shall include,but is not limited to,construction of the following infrastructure on the Premises: floating covered docks,gangways, anchoring, dock utilities and all other infrastructure necessary for the operation of the marina. G&H shall also be responsible for the cost of preparing the Premises for said construction, including all costs of excavation, dredging, or other site work. DPD shall be solely responsible for the initial cost of installing electrical service and water service. G &H shall not be responsible for all electrical infrastructure leading up to the Premises which shall be the responsibility of DPD. G&H shall also not be responsible for removing any existing docks or debris on the Premises for Phase I of the Project or any additional Phases,with said responsibility to remove any existing docks and debris being the responsibility of the City. All site plans and improvements contemplated by this Agreement, including but not limited to,the above infrastructure shall be submitted by G&H to City and DPD for approval prior to commencing construction. DPD shall have the authority to grant or withhold final approval of the foregoing in the event of any disagreement between City and DPD. City shall retain complete and exclusive control over the construction,use of City property and the Lake, and will issue permits for all dock and lake improvements and infrastructure. G&H shall apply for all necessary building permits throughout the term of the project. G&H shall pay prevailing wage to all employees and subcontractors in accordance with the requirements of the Illinois Prevailing Wage Act. The parties agree that G&H shall initially construct forty(40) slips during"Phase 1"of the Project. Phase 1 shall be completed on or before May 15,2022 and constructed within the area designated for Phase 1 on Exhibit A. The parties acknowledge and agree that the value of the improvements constructed by G&H during Phase 1 shall not exceed $400,000.00 for purposes of the early termination provisions of this Agreement,regardless of the actual costs incurred. G&H shall perform additional phases of the Project when DPD presents G&H with written notification that requests or applications for at least twenty(20)additional slips were received. G&H shall construct additional phases of the Project within twelve(12)months of receipt of notification, and in increments of at least twenty(20) slips.Additional phases shall be completed within the"Future Phase Development Zone"designated on Exhibit A. the Parties agree to meet in good faith on at least a yearly basis during the Term of this Agreement to discuss future expansion plans and the"Future Development Zone." The parties shall document the exact timeline and requirements for each Phase via a written amendment executed by all parties and attached to this Agreement. 2 3/11/2022