HomeMy WebLinkAboutResolution 91-038 02/04/1991Resolution No. 91-38 N ~.5.
of the City of Petaluma, California
RES®LUTI®N APPR®VING LEASE AGREEMENT jVITII
N®RTIIBAY R®WING CLUB AND
AUTII®RIZING MAY®R ®R CITY MANAGER T® SIGN
1 WHEREAS, the Northbay Rowing Club has expressed a desire to locate their
2 club facilities in the Marina; and
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4 WHEREAS, no other site is available to the club along the waterway; and
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6 WHEREAS, the City desires to promote recreational and educational uses of the
7 river, along with access thereto;
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9 NOW, THEREFORE, BE IT RESOLVED that the City Council hereby
10 approves the long term lease of the Marina site to the Northbay Rowing Club with the
11 conditions and parameters outlined in said lease agreement and authorizes the Mayor or
12 City Manager to enter into the proposed agreement with the Northbay Rowing Club.
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approved as
Council of the City of Petaluma at a (Regular) bit#'t{~X~Q) meeting //~~ . °
on the .........~t~l.._....... day of ..................~~~2T:lAd.X'~......._............_, 19..~~_., by the ! r,
following vote: '
ty Attorney
AYES: Read, Davis, Woolsey, Nelson Vice Mayor Cavanagh, Mayor Hilligoss
NOES: ~
A
A ~;ity ~;-ers
CA 10-85
Gbuncil File :.........................°--......
Res. No......91.-3.g.......... N.C.S.
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- LEASE. AG°REE'IVIEAI'-'
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THIS Lease: Agreement is entered into this day of t~i'ClC~1 , 1991., by and
between the Cily of Petaluma; hereinafter referre to as "C~ y" and the orth6ay Rowing
' Club, hereinafter referred to as "Club".
WHEREAS; Club desires to construct a floating boathouse to store boats and
conduct club business; and
WHEREAS, the Club will he located within the Petaluma Marina, property of the
City; and
WHEREAS, Club desires the site space to enhance access to the river and
waterway; and, _ .
WHEREAS, the City desires to_encourage the recreational use of the river;
NOW, THEREFORE, in ..consideration of the promises and mutual covenants
contained in this Agreement, the: parties hereby agree as follows:
1. ,Premises.. City shall allow Club to use those certain premises as .shown in
Exhibit "A" hereto at the Petaluma Marina, Petaluma, California, including access to
restroom facilities. Water fee is included in rent.
2. Rent. The rental- fee- shall- be Three Hundred Dollars ($3( )per month,
payable in advance on the first day. of each and eve. ry month. This fee is subject to periodic
adjustment by Lessor to correspond to annual percentage adjustments in berthing tees.
Lessee shall pay the first. mcinth's rental tee or pro rata portion thereof to Lessor upon
execution of this Lease Agreement. Said payments shall be made to Lessor, payable to the
'City of Petaluma at l l English Street; Petaluma, California 94952. -Club shall install meter
to electric service. ;Electric; use shall be paid by CI ub.
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Rent: shall commence upon placement of the boathouse at the :Marina site.
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Unless prohibited by the Boating and Waterways Commission rules or regulations, the first
twelve months>rent slalhbe discounted by 50"x. The second twelve months rent shall be
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3 discounted by 25'%. At the beginning of the third year of the lease, rent shall be collected
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at the regular berth rate.
.Thee. Payment shall be deemed delinquent if not received by Lessor within ten
(10) days of the first of each month. Upon delinquency, there shall be a late charge due
immediately of ten percent (10 %) per month of .thee outstanding balance.
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3.. Security Deposit:. Lessee shall post a security deposit with Lessor in an
amount: eyual to one month's rent: Lessee shall return the mooring berth to Lessor at the
termination cif 'this° I:ease Agreement, in the same condition as at the beginning of the
leasehold term, subject to normal wear and tear. lrr the event Lessor is required to repair
said berth, the security deposit shall be applied toward any such repair costs. Any
remaining balance shall be refunded to Lessee following termination of this Lease
Agreement. No interest will he.payable on the security deposit.
4. Jae. The mooring berth will be used to moor a Floating boathouse, subject
to SPARC approval, which shall be used primarily for vessel storage, the launching and
retrieval of said vessels, and conducting of Club business. There shall be no live-in
occupancy on the premises without the prior written consent of the Harbormaster: !n no
event shall the Club's activities cause economic damage to the tenants of the office park
complex. Club abrees to install, at Club's expense, up to seven (7) parking spaces outside
of the existing parking lot site plan within two (2) years of occupancy if requested to do so
by the City: Club acknowledges that alt present and planned parking spaces are under the
sole operation of the Petaluma Marina Owner's Association, a California non-profit
corporation ("PMOA"). Club has no right to use said parking facilities without ttre express
written consent of the PMOA.
5. Term The term f this Lease Agreement shall be for twenty five (25) years
commencing on , 1991, unless terminated as provided herein.
6. Termination.: This Lease. Agreement is revocable only by mutual written
consent of City and Club unless Club. fails to comply with the provisions of this Agreement,
at which time City may terminate the Lease for cause upon written notification to Club.
`Failure 'toy co_ mplete development cif the hoathouse, including operational
placement ~n the ~AAarina; within twenty four (24) months of the date of this lease shall
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constitute cause foctermination of this lease.
7. Sublease Cori Assi ng ment. Club shall not sublease or assign his or her rights
under this Lease Agreement.
8:. Alterations, Etc. Club shall not make any alterations, install any fixtures, or
make any additions. or improvements to their premises without the prior written consent of
City: ~ .
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9~ M'aintenance of Premises. Maintenance by Club of premises and the..berth is
' the'mairitenarice prcwisii>ns specified in P-eEaluma Mranicipal Code ~I3.24.
restrrctc,d to ~ ,
`~ 10: 12ight of Entrv.~ Cify~shall have the right to board Club's property, while in the
Petaluma Ni.arina to take such, action as may be necessary fir any work or services for
prevention of damage to or any the vessel while unattenied.
I I. 'Possession of Vessel: Club shall maintain possession of its clock under the
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terms of this Lease Agreement while the vessel is:l~catea at Petaluma Marina. City, its
.:agents qr .employees are not responsible for the mooring of Club's dock. The dock is the
sole~.and exclusive responsihility of the Club`at all times.
12: Government Regulation: Gluh tihall comply-with all statutes, ordinances and
regulaticros of"the Federal,: State, Cdunty and Municipal authorities presently in effect; or
which hereat~ter may beccime effc.c,fye,.pertaining to~the use .of the marina and facilities-at
the Petaluma Marina: Failure c~~follow such regulations shall constitute a material. breach
cif this Lease Agr•eement;and shall be .grounds for forfeiture of` this Lease Agreement.
C3. lndemnt3cation: Glub shall `indemnify, awe, hold harmless and- defend the
City, its ~ftic,ers, employees and.. agents• from and against a~fl losses and all claims, demands,
suits, actions, payments, and ,judgments; including attorneys' fees and experk witness fees,
arising out of or in' connection with the operation' and ~~r usage of Club's property at the
Petaluma Marina. , '
T4. lnsurance. Club; shall prcx;ure` and mainfain,; for the duration of this Lease
Agreement; insurance against, elaitns for injuries to persons oc damages to property. which
.may arise from or in conneet~n with the Lessee's. use oti the, leased premises: The cost <~f
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such insurdnceF~hall be 'borne by the cluh and hall ink tfie amounts of no less than One
Million Uollacs.($:1.;0(m,000) combined single limi (CSL) for each occurrence.
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Cluh s insurance carrier shall notify City in writing prior to any changes in
coverage as reyured~hy this lease.
Clut~• shall provide the Cify with a Certificate of Insurance prior to
occupancy:
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Under the insurance herein required, tfie City, its officials, employees and
agents shall be named as acicitional insureds and as to such additional insureds, the
insurance herein required sh'al1 be primary. -The insurance required herein :shall be
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evidenced by~~ a certificate or certitcates submitted to ttie City which shall be executed by
the~,`i_nsurance; company or companies nv~~lved and which shall state that the insurance
evidence, lhere~hy: may not be altered, reduced; :n ,amount or cgverage, or terminated
without thirty (30) days' prior written notice .thereof being received by the City. The
certificate or certificates shalt also state as to the insurance reyuired herein, that the City,
its cifficecs, employees and agents are additional -insureds thereunder and as to such
additional insureds, the insurance is primary.
l5. Attorneys'. Fees: fn the event either party h°ereto shall commence any legal
action arising out of this Lease Agreement or the: performance, thereof, the party prevailing
in said action or proceeding shall be entitled to recover, in addition to its court costs,
reasonable attorneys' fees to he fixed ny the Curt.
This Lease Agreement constitutes the entire unJerstanding between the
parties hereto as of its effecfiwe date..
IN WITNESS WHEREOF, the parties have-executed this Lease Agreement 'as of
the day -and year first above written. Lessee hereby ackngwledges receipt of a copy of the
Petaluma Marina Rules anJ 'Regulaticins.
CITY:OF P>F~ALUMA
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2 /22/.91
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APPRO\/ED:
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