R2024-106 Resolution Authorizing a Lease Agreement with G & H Services, LLC-1 for Nelson Park Marina Fuel System

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Fuel System Lease Agreement In consideration of the foregoing recitals,the mutual covenants and agreements hereinafter set forth, and for good and valuable consideration,the receipt, sufficiency and adequacy of which are hereby acknowledged,this Lease Agreement("Agreement")is entered into by and between G& H Services, LLC-1, an Illinois corporation("G& H") and the City of Decatur,Illinois,an Illinois municipal corporation("City"). The parties agree as follows: Section 1. In exchange for G& H agreeing to operate a marina for Lake Decatur and the City allowing G&H to utilize the underground gas storage tank located near Lake Decatur for the storage of gas to be used in the operation of the marina business which includes the dispensing of gas, the City agrees to lease to G& H the Nelson Park Marina Fuel System consisting of underground piping and gas dispensing facilities ("fuel system") but excepting the underground fuel storage tank which shall remain the responsibility of the City. Section 2. G& H shall be responsible for the management, maintenance, and improvements to the system as required by State and local laws, and as they deem necessary at their own cost and to retain any and all monies received from the management and operation of the fuel system. Any improvements made shall remain the property of the City unless agreed to in writing as provided in this Agreement. G& H agrees to maintain the fuel system in good working order and to operate the fuel system during those time periods that the marina operated by G& H is open to the public. Section 3. G& H agrees to comply with all local, state and federal laws, statutes, and regulations in the performance of the improvements,maintenance, and operations of the fuel system including, but not limited to,proper licensing of persons authorized to dispense gas. The City may terminate this Agreement upon failure of G&H to comply with the requirements of this Section 3. Section 4. G& H shall provide fuel system access to designated City personnel authorized to dispense gas from the fuel system. The Public Works Director will provide G& H with a list of said designated City personnel. G& H agrees to provide thirty(30) days advance notice to City for periods of time that the fuel system will not be operational except in emergency situations for which notice will be provided to City as soon as practicable. Section 6. G& H will provide a report and invoice to the City on the first of every month setting forth the amount of gas used by the specific City personnel the previous month and setting forth the specific City personnel using the fuel system for each specific transaction for fuel use by the City of Decatur of governmental functions.