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

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If G&H fails to complete Phase I or any future phase of the Project as required by this Agreement, City and DPD may elect to terminate this Agreement pursuant to written notice provided to G&H.Upon receipt of said notice, G &H shall remove all property not belonging to City or DPD within thirty(3 0) days. All improvements constructed in accordance with this Agreement shall be considered DPD property upon the termination of this Agreement for any reason. However, any boat lifts installed on the Premises shall remain the sole property of their owner(G &H or the slip renter). The marina shall be named Pier 36. G&H shall manage, operate, and maintain the marina during the Term of this Lease under the supervision of City and DPD as provided herein. 7. EXCLUSION ZONE.The northwest side of Lake Decatur between Route 36 and Lost Bridge Road(Basin 2) shall be designated as the"Exclusion Zone."Throughout the Term of this Agreement,no new docks shall be constructed within the Exclusion Zone except as provided in this Agreement or as agreed to by the City and DPD. G&H will construct all docks in the exclusion zone. 8. MARINA MAINTENANCE AND OPERATION.Upon completion of Phase 1 of the Project, and continuing throughout the Term of this Agreement, G&H shall be solely responsible for the operation,maintenance,repairs, and general upkeep of the Premises, and all improvements constructed thereon,to the satisfaction of City and DPD. City shall not be responsible for nor have any duties relating to the operation,dock rentals,maintenance,repairs, and general upkeep of the Premises. If G&H fails to maintain the Premises in a satisfactory condition,City or DPD shall provide written notice to G&H. Upon receipt of said notice, G& H shall return the Premises to a satisfactory condition within thirty(30) days.If G&H fails to return the Premises to a satisfactory condition within thirty(30)days, or if G&H receives more than one(1) such a notice from City and/or DPD within any twelve(12)month period, G&H shall be considered to be in default under the provisions of this Agreement. If G&H is in default and/or fails to operate the Marina,DPD shall assume the Marina operations until another marina operator is under contract to assume the Marina operations. 9. INDEMNITY AND LIABILITY INSURANCE (G&R). G&H shall at all times during the term of this Agreement indemnify, defend and hold City and DPD harmless from all loss, liability, costs, damages and expenses that may occur or be claimed with respect to any person or persons,or property on or about the Premises or to the Premises resulting from any act done or omission by or through G&H,its agents, owners, employees, contractors or subcontractors,invitees or any person on the Premises by reason of G&H's use or occupancy or resulting from G &H's abandonment or possession of said property and any and all loss, cost, liability or expense resulting therefrom,unless said loss,liability,cost, damage and/or expense is the result of the negligent act or omission of any employee or agent of the City or DPD in which case G&H shall not be responsible for indemnifying, defending and holding the City and DPD harmless. G&H shall maintain, at all times during the Term, comprehensive general liability insurance in an insurance company licensed to do business in Illinois and satisfactory to City and 3 3/11/2022