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HomeMy WebLinkAboutReso 112-1974RESOLUTION NO. 112-74 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION APPROVING TERMS OF THE BERTH LEASE AGREEMENT AND ESTABLISHING FEES TO BE CHARGED FOR THE LEASING OF BERTHS AND THE USE OF EQUIPMENT, FACIL- ITIES AND SERVICES AT THE OYSTER POINT MARINA IN ACCORDANCE WITH ORDINANCE 557. BE IT RESOLVED by the City Council of the City of South San Francisco as follows: 1. Ordinance Reference. "Ordinance 557" shall mean "An Ordinance of the City of South San Francisco Regulating the Operation of Boats; Providing for Berthing Leases and Establish- ment of Fees at the Marina; Providing for Sale of Boats at Public Auction for Fees in Arrears or Removal and Storage of Boats at Owner's Expense; Establishing Speed Zones; Special Use Areas; Sanitation and Pollution Control; Time of Day Restrictions; Providing for Enforcement Officers; and Prescribing Penalties for the Violation of Its Provisions:" adopted November 21, 1966. 2. Approval of Terms of Berth Lease Agreement. The Berth Lease Agreement and the terms therein set forth, entitled "Lease Agreement, City of South San Francisco, Oyster Point Marina Berth," attached hereto as Exhibit "A" are hereby approved as provided for in Ordinance 557. 3. Fees, Rentals and Other Charges. Fees, Rentals and Other Charges for the leasing of berths, use of equipments facilities and services at the Marina, including boat launching and ramps, effective July 1, 1§74, shall be as set forth in Exhibit "B" attached hereto, entitled "Schedule of Fees, Rentals and Other Charges for Oyster Point Marina." i · 4. Rescission of Prior Resolutions. Resolution 5989 and resolutions prior thereto setting berth fees and charges at Oyster Point Marina are hereby rescinded except that this rescission shall not affect or prevent the assessment or col- lection of any fees or Charges thereby provided for services or berth leases prior to the effective date of this resolution. I hereby certify that the foregoing Resolution was regu- larly introduced and adopted by' the City COuncil of the City of South San Francisco at a adjourned regular meeting held on the 19%h day~ of June , 1974 , by the fol- lowing vote: ~AYES, COUNCILMEN Richard Ba%%a~lia, F. Frank Mammini, Terry J. Mirri, Leo Padreddii, and Warren Steinkamp NOES, " None ABSENT ~ " None ATTEST: ~Ci~' · LEASE AGREEMENT CITY OF SOUTH SAN FRANCISCO OYSTER POINT MARINA BERTH 2267 THIS AGREEMENT is made and entered into this day of , 19~, by and /lii~tween the City of South San Francisco, a municipal corporation of the State of California, situated in the County of San Mateo ~signated hereinafter as "City"), and (Berth Lessee's Name) (Address Street) (designated hereinafter as "lessee"), (City) (State) W I T N E S S E T H : That inconsiderationoftheuseofberthnumber or other berth assigned by the Harbormaster at the Marina to be used for the safekeeping and securing of the boat described as follows: NAME OF BOAT REG. OR CF.:~ BUILDER, TRAILER LIC. 2. LENGTH BEAM DRAFT YEAR & MODEL SAIL [] 3. POWER MOTOR ~] CLASSIFICATION HULL MATERIAL 4.. ENGINE GAS [] DIESEL O HORSE POWER 5. PASSENGER CAPACITT NAME 6. OF OWNER · a, DDRESS LEGAL ,,~'VNERS NAME RADIO CALL LETTERS TELEPHONE HOME BUS CiTY STATE TELEPHONE HOME BUS. ADDRESS CITY STATE "lessee" agrees to be bound by and obligated by. and consents to all covenants, conditions, promises and provisions hereinafter enumerated for the benefit of the City and its assigns: 1. "Lessee" agrees to pay the City in accordance with the terms indicated below by a marked box and filled-in amount: per month, payable in advance on the first day of the month annually, payable in advance on the first day of January each year daily, payable in advance CONDITIONS CONTINUED ON REVERSE SIDE PERMITTE MAY CANCEL BERTHING PERMIT UPON GIVING 30 DAYS NOTICE. EXHIBIT A TO RESOLUTION 112-74 BY CITY OF SOUTH SAN FRANCISCO MARINA BERTH LESSEE BY MOORE BUSINESS FORMS INC.. LA, HARBOR SUPERINTENDENT 2. "Lessee" agrees that if the payment terms are on a monthly or on an annual basis the lease shall be from month to month or year to year, respectively, and "Lessee" agrees to give City at least thirty (30) days written notice of intent to terminate this lease and vacate the berth at the expiration of the lease payment period, and "Lessee" further agrees that he will pay berth rental fees for at least thirty (30) days after said notice is received by City; 3. "Lessee agrees that if the payment terms are on an annual basis and he vacates the berth or gives notice to City of his intent to vacate the berth more than thirty (30) days prior to the expiration of the annual lease, he shall not be entitled to reimbursement of a proration of the annual berth lease fee unless said reimbursement is recom- mended by the Harbormaster and approved by the City Manager. 4. "Lessee" agrees that this lease is subject to the conditions, provisions and regulations set forth in the City Marina Ordinance No. and amendments thereto, and agrees further that said Ordinance is incorporated in this Agreement by reference and shall be treated as Jf each and every section, subsection, clause, sentence, phrase of word were expressly set out herein. 5. "Lessee" agrees and consents that at any time charges for the use of a berth, services or other facilities or equipment are in arrears, City may sell the boat for which the charges were incurred to satisfy said charges, or City may remove and store said boatat"Lessee's" expense, or City may exercise any of the other remedies set forth in the aforesaid Marina Ordinance and "Lessee" waives any claim against the City or its assigns arising out of said removal or storage. 6. "Lessee" agrees that if the hereinabove de- scribed boat sinks in the Marina or other waters of City, he shall float or remove it immediately and that if he fails to so float or remove it he consents to City floating or re- moving and storing it at "Lessee's" expense, and "Lessee" waives any claim against City or its assigns arising out of said floating, removal or storage; 7. "Lessee" agrees that he shall be responsible to and pay City for damages to any structure in the Marina or other waters of the City caused by operation of his boat, use of berth or any other act or failure to act by him, his crew, agents, employees, visitors or guests; 8. CITY DISCLAIMS LIABILITY-"LESSEE" TO INDEM- NIFY CITY. "LESSEE" AGREES TO ACCEPT THE ASSIGNED BERTH "AS IS" WITHOUT ANY WARRANTY OR REPRESENT- ATION BY THE CITY, ITS OFFICERS, AGENTS OR EMPLOYEES, IT BEING DISTINCTLY UNDERSTOOD AND AGREED THAT ONLY USE OF THE ASSIGNED BERTH IS GRANTED TO "LESSEE" AND "LESSEE" AGREES THAT THE BERTHING OF A BOAT SHALL ALWAYS BE AT HIS OWN RISK WITH NO RESPONSIBILITY WHATEVER UPON CITY, ITS OFFICERS, AGENTS OR EMPLOYEES FOR SAFEKEEPING, CARE OR MAINTENANCE OF A BOAT (INCLUDING HER GEAR, EQUIPMENT AND CONTENTS), OR THE ASSIGNED BERTH SPACE. "LESSEE" AGREES TO HOLD CITY, ITS OFFICERS, AGENTS AND EMPLOYEES HARMLESS ANDTO INDEMNIFY THEM FOR ALL LOSS, DAMAGE, LIABILITY OR EXPENSE OF ANY KIND INCURRED OR CLAIMED BY REASON OF ANY ACTS, OR FAILURE TO ACT, ON PART OF "LESSEE", HIS AGENTS, EMPLOYEES OR GUESTS, OR IN USE OF THE BERTH OR BOAT. FURTHERMORE, "LESSEE" WAIVES ANY CLAIM AGAINST THE CITY, ITS OFFICERS, AGENTS, ASSIGNS AND EMPLOYEES AND AGREES TO HOLD THEM HARMLESS FROM AND AGAINST ANY DAMAGE TO ANY BOAT INCLUDING HER GEAR, EQUIPMENT AND CON- TENTS, WHETHER CAUSED BY FIRE, THEFT, COLLISION, SINKING, DESTRUCTION, REMOVAL, STORAGE, ACT OF GOD OR OTHERWISE, HOWSOEVER OCCASIONED AND HARMLESS FROM AND AGAINST ANY. INJURY TO THE "LESSEE", HIS CREW, GUESTS, AGENTS, OR EMPLOYEES BY REASON OF PHYSICAL CONDITION OF BERTHS OR STORAGE SPACE OR ANY APPROACHES THERETO OR EXITS THEREFROM WHERE SUCH CONDITIONS ARE DUE TO ACTS, OR FAILURE TO ACT, BY "LESSEE", HIS CREW, GUESTS, AGENTS, EMPLOYEES OR VISITORS; 9. "Lessee" agrees that breach of any part of this agreement on his part including violation of any provision., in the aforementioned Marina Ordinance may, by resoluti of the City Council, result in "Lessee" being ordered City to immediately remove his boat from the Marina vacate his berth and forfeiture of any fees paid and any rights under this lease. "Lessee" further agrees and con- sents that if he fails to comply with said order, City may remove and store the boat at "Lessee's" expense and "Lessee" further agrees and consents that if he fails to com- ply with said order, City may remove and store the boat at "Lessee's" expense, and "Lessee" waives any claim against City or its assigns arising out of said removal or storage. 10. Any disorder, depredation or indecorOus conduct by "Lessee", his crew, agents, employees, visitors and guests which exposes persons or property to damage or injury or unreasonable interference with others in their, use of the Marina and its facilities or adversely affects the mode of operation and standard of conduct at the Marina shall be .cause for termination of the lease and removal of the boat and "Lessee" from the Marina in accordance with the pro- cedure set forth in Ordinance No. and other applicable laws. I 1. "Lessee" acknowledges notice of the Agreement providing for boat removal and storage, at Lessee's expense should same be required because of violation of the terms of Ordinance No. and/or the terms and conditions of this lease. 12. "Lessee" agrees that he will not assign this lease without written consent of the Harbormaster. ,.,..., 13. City shall give the "Lessee" at least thirty (3 days written notice of its intent to terminate this lease prii to the expiration of the lease payment period and ha'¥~. "Lessee" vacate his berth. Cityfurtheragreesthat "Lessee" shall have the right to remain and occupy the berth for thirty (30) days after receiving said notice from City, pro- vided "Lessee" pays City a pro-rata amount of the agreed lease payment terms. 14. Lessee shall be issued a key ~(s)to the Marina Berth Area, which shall be returned immediately to Harbor Superintendent upon termination of this lease, Should Lessee fail, neglect or refuse to return said key or keys, said Lessee shall be charged the sum of twenty five dollars ($25.00) for each key issued Lessee. 15. Lodging aboard boats in excess of 3 days is pro- hibited unless written permission is granted by the Harbor Superintendent. 16'. This lease shall continue in force and be binding upon both parties until terminated pursuant to said Agree- ment. 17. "Boat" shall mean the boat described in this Agreement in addition to its meaning in the aforementioned Marina Ordinance. 18. "Marina" shall mean the City's OYster Point Marina as described in the aforementioned Marina Ordi- nance. 19. "Lease" shall mean this or' any other Mari'"'"' berth lease. 20. "Berth" shall mean the assigned berth in t Marina. 21. "Flarbormaster" shall mean the City's Harbor- master or Harbor Superintendent. -22. Words not herein expressly defined shall have the same meaning that they have in the aforementioned Marina Ordinance. EXHIBIT B TO RESOLUTION 112-74 SCHEDULE OF FEES, RENTALS AND OTHER CHARGES. FOR OYSTER POINT MARINA 1. Berth RaiSes - July 1, 1974 July 1, 1975 July 1, 1976 2. Dry Storage (to 28') (29' or Over) 3. Boats Under Repair 4. Daily Fee (Limited to two weeks - any size) 5. Dock Boxes 6. Dock Box Installation 7. Live Aboard in Excess of 72 hours 8. Seasonal Along Side Dock (with approval of Harbor Superintendent) 9. Pump Outs 10. Mooring Lines 11. Tows (one hour minimum) 12. Labor Charges 13. Launch. Ramp 14. All other dockings not in regular berths 15. General Provisions: Singlefinger Berth $ 1.00 berth/foot 1.10 berth/foot 1.25 berth/foot $12~O0/month $30.O0/month $30.O0/month $ 3.O0/day '$ 1.25/month $1.00 $25.00/month $12.00/month $ 5.00/minimum $ 8.50/hour $ 5.00/line $25.00/hour $ 8.50/hour $ 1.25/launch $ 1.00 boat/foot All monthly rentals Shall be payable in advance. In addition, a deposit in an amount 'equal to one month's rental shall be made; such deposit shall be applied against any unpaid rentals or other charges owing to the City of South San Francisco or shall be refunded if the required notice is given and there are no unpaid charges. Thirty (30) days' notice of release of assigned facilities shall be given; if thirty (30) days' notice is not given, an additional month's rent shall be charged. Doubl efi n§er Berth $ 1.15 berth/foot 1.25 berth/foot 1.40 berth/foot