HomeMy WebLinkAboutReso 73-1977 RESOLUTION NO. 73-77
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 fol lows:
1. Ordinance Reference. "Ordinance 557" shall mean "An Ordinance of
the City of South San Francisco Regulating the Operation of Boats; Pro-
viding for Berthing Leases and Establishment of Fees at the Marina; Provid-
ing 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; Provid-
ing 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 Agree-
ment 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 equipment, facilities and services at the
Marina, including boat launching and ramps, effective July 1, 1974, shall
be as set forth in Exhibit "B" attached hereto, entitled "Schedule of Fees,
Rentals and Other Charges for Oyster Point Marina."
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4. Rescission' of Prior Resolutions. Resolution 112-74, adopted June 19,
1974, 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Point Marina are hereby rescinded except that this rescission shall not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 collection 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 regularly intro-
duced and adopted by the City Council of the City of South San Francisco
at a regular meeting held on the 1st day ofJ~e ,
19 ??, by the following vote'
AYES, COUNCILMEN Richard A. Battaglia, William A. Borba, Emanuele N. Damonte,
Terrg J. Mirri and Leo Padreddii
NOES, " None
ABSENT, " None
City Clerk
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EXHIBIT A
TO RESOLUTION NO. 73-77
ADOPTED June 1, 19/7
LEASE AGREEMENT
CITY OF' SOUTH SAN FRANCISCO
OYSTER POINT MARINA BERTH
28§2'
THIS AGREEMENT is made and entered into this day of . , 19 , by and
between the City of South San Francisco, a municipal corporation of the State of California, situated in the County of San MateD
(designated hereinafter as "City"), and
(Berth Lessee's Na'rne)
(Address Street) (CitY) (State)
(designated hereinafter as "lessee"),.
W I T N E S S-E T H :
That in consideration of the use of berth number 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. ;(3TH BEAM DRAFT YEAR & MODEL
S~mL O
3. POWER MOTOR~ CLASSIFICATION HULL MATERIAL
4. ENGINE GAS ~ DIESEL r-1 HORSE POWER
5, PASSENGER CAPACITY
NAME TELEPHONE
6. OF OWNER HOME
RADIO CALL LETTERS
AD~)RF. SS CITY
LEGAL TELEPHONE
7. CWNERS NAME HOME
BUS
STATE
BUS.
· ADDRESS CITY STATE ,
,'lessee" agrees to be bound by and obligated by and consents to all covenants, conditions, promises and provisions hereinaft'er
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.
CITY OF SOUTH SAN FRANCISCO
BY
BY
MARINA BERTH LESSEE
HARBOR SUPERINTENDENT
·
2. "Lessee" agrees that if the payment terms are
on a monthly or o.n 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 no. fice 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 Js subject to the
conditions, provisions and regulations set forth in the City
/~-~na Ordinance No and amendments thereto,
c agrees further that said Ordinance is incorporated in
tl 6,greement by reference and shall be treated as if each
c,... every section,., subsection, clause, sentence, phrase of
wordwere 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 sbtisfy said charges, or
City may remove and store said boatat"Lessee's" expense,
or City may exercise any of the other remedies set. forth
Jn 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 c~f
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-
N CITY.: "LESSEE" AGREES TO ACCEPT THE ASSIGNED
BE ~ "AS IS" WITHOUT ANY WARRANTY OR REPRESENT-
A' ,N 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,
EQUIPMEN. T AND CONTENTS), OR THE ASSIGNED BERTH
SPACE. "LESSEE" AGREES TO HOLD CITY, ITS OFFICERS,
AGENTS AND EMPLOYEES HARMLESS AND TO 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
BO-~ INCLUDING HER GEAR, EQUIPMENT AND CON-
TE ;, WHETHER CAUSED BY FIRE, THEFT, COLLISION,
SI! NG, DESTRUCTION, REMOVAL, STORAGE, ACT OF
Ge..,, OR OTHERWISE, HOWSOEVER OCCASIONED AND
HARMLESS FROM AND AGAINST ANY INJURY TO THE
"LESSEE", HIS CREW, GUESTS, AGENTS, OR EMPLOYEES
e
EXHIBIT
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 resolution
of the City Council, result in "Lessee" being ordered by
City to immediately remove his boat from the Marina and
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 re.move 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 indecorousconduct
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 Jn Ordinance No andotherapplicable
laws.
1 l. "Lessee" acknowledges notice of the Agreement
providing far 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 (30)
days written notice of ils intent to terminate this lease prior
to the expiration of the lease payment period and have
"Lessee" vacate his berth. City fu rtherag tees that "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
(s25.00)'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 Marina
berth lease,
20. "Berth" shall mean the assigned berth in the
Marina.
21. "Harbormaster" 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 73-77
~d3OPTEO _ ?ume 1l, 197~'
SCHEDULE OF FEES, RENTALS' AND 'OTHER CHAJtGES
· [OR OYSTER POINT MARINA.' -.
,\
·
1. BERll4 RATES '' ~lu]¥.l, 1977 to June 30, 1978
$inglefinger
Doubl efi nger
$1.45 berth., foot/month
1.60 berth,· foot/month.
2. DRY STORAGE
. o
Boats up to 28'
Boats 29' or over
$15. O0/month
$30. O0/month
BOATS UNDER REPAIR
4. DAILY FEE
·
5: DOCK BOXES '
6. 'DOCK BOX 'INSTALLATION
7. ---LIVE~ABOARD-IN -EXCESS~
, OF 72 HOURS
8.- - S EASONALL~ALONGS IDE:-DOCK-
(wi th approval of
Marina. Supt. )
,,
$1.45 per linear foot, with minimum of $35.00/month
$ 3.00/day (limited'to h~o weeks)
1
$ 1.25/month _
$ 1..O.O~.per installation
·
$40~o0/month plus berth, fee
$12. O0/month
9. PUMP-OUTS
$10. OO/hour with minimum charge $7.00
10. MOORING LINES
11. TOWS {1 hr. minimum)
12. LABOR CHARGES
$ 8.00/per line
$30. O0/hour
$10. O0/hour.
o. o
13. LAUNCH RAMPS
$ 1.25/per launch
14. ALL OTHER DOCKINGS
not in regular berths
$ 1.45/p,er linear' foo. t
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