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Oyster Point Marina are hereby rescinded except that this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