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Home My WebLink AboutResolution 90-026 N.C.S. 01/16/19907 I _ ~ ~ ~~,, Resolution No. 90-26 N.~,~, of the City of Petaluma, California APPROVING BERTH RENTAL AGREEMENTS FOR PETALUlVIA MARINA WHEREAS, the City of Petaluma has constructed a marina which is nearing completion; and, WHEREAS, the City intends to rent berth space to the public and operate the Marina for the public .interest: NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Petaluma approves and adopts the Berth Rental Agreements attached as Exhibit A to this resolution. 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~"`Appioved as to meetu ~~ °~ Council of the City of Petaluma at a (Regular) (~~.!@##~1~~~f~l~) g on the .....-].bz11-.-....... day of .............Januar-y.....................-.....-., 19...9Il, by the ~~_-,L ~-! following vote: ~--_~ •~ i°--.;...---•- ~ ----•--.-...----•-••-•- ~Cit~Attor~ey AYES: T NOES: p ABSENT: ATTEST: CA 10-85 enter, Woolsey, Cavanagh, Balshaw, Davis, Vice Mayor Sobel, Mayor Hilligoss - ,I i - r ~~ J 4 .. d` ~ ~ ,, ~~ -. ..... .......... ... ... ..... .... ............ ~ - ....o City Clerk Mayor Nd/ Council File.--.-.-..._ ........................ Res. No...9.0.'26 ............. N.C.S. PE.TALUMA MARINA APPLICATION/LEASE AGREEMENT FOR BERTHING SPACE Registered Owner Vessel Name Social Security Number Make of Vessel Drivers License Number Registration N;.umber Residence Address Hull Number City, State, Zip Make of Engine Phone Engine Horsepower Legal Owner Power Address Length City, State, Zip Beam Insurance Carrier Insurance Phone Radio Call Sign THIS LEASE AGREEMENT is entered into this day of 19 by and between the City of Petaluma, herein- after re.ferreel to as "Lessor" and , hereinafter .referred to as "Lessee." The address of Lessee is as :follows telephone (home) (work) r Sail Draft -1- WHEREAS, Lessor has built and maintains mooring berths for vessel storage a~t the Petaluma Marina; and WHEREAS, Lessee desires to lease one of those mooring berths for the storage of Lessee's vessel; NOW, THEREFORE, in consideration of the promises and mutual covenants contained in this Lease Agreement, the parties hereby agree as follows 1. Premises. Lessor shall lease Berth No. at the Petaluma Marina to Lessee for the purposes of the storage of Lessee's vessel only. (This berth may be reassigned by the Lessor's marina manager .when the manager deems it .necessary for operational requirements) . 2. Term. The term of this Lease Agreement shall be on a month-to-month basis commencing on 19 3 . Fees . The berth rental fee shall be Dollars ($ ) per month, payable in advance on the first day of each and every month. This fee is subject to periodic adjustment by Lessor. Lessee shall pay the first month's rental fee 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 11 English Street, Petaluma, California 949.53. The 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 (l00) per month of the outstanding balance,. 4. Security Deposit. Lessee shall post a security deposit with Lessor in an amount equal to one month's rent. Lessee shall return the mooring berth to Lessor at the termination of this Lease Agreement, in the same condition as at the beginning of the leasehold term, subject to normal wear and tear. In the event Lessor is required to repair said -2- 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 be payable on the security deposit. 5. Use. The use of the mooring berth shall be for vessel storage only. No business, trade, profession or commercial operation shall be conducted on the premises. 6. Termination. This Lease Agreement may be terminated by either party, by giving the other party thirty (30) days' written .notice of such termination by certified or registered mail. Any such notices should be sent to Lessor at City Ha11, City of Petaluma, Department of Public Works, Post Office Box 61, Petaluma, California 94953 and to Lessee at 7. Sublease. or Assignment. Lessee shall not sublease or assign his or her rights under this Lease; Agreement. 8. Alterations, Etc. Lessee -shall not make any alterations; install any fixtures, or make any additions or improvements to the premises without the prior written consent of Lessor. 9. Maintenance of. Vessel. Maintenance by Lessee of vessel in the berth is restricted to the maintenance provis-ions specified in Petaluma Municipal Code 13.24. 10. Right of Entry. Lessor shall, have. the right to board Lessee's vessel while in the Petaluma Marina to take such action as may be :necessary for 'any work or services for prevention of damage to or by the vessel while unattended. 11. Permanent Removal of Vessel. Lessee shall notify the City within :five (5") days of permanent removal of his or her vessel .from the marina. Lessee shall also notify the City within five (5) days of the -3- time Lessee places a replacement vessel in the mooring berth for continued storage.. 12. Possession of Vessel. Lessee shall. maintain possession of his or her vessel under the terms of this Lease Agreement while the vessel is located at Petaluma Marina. Lessor, its agents or employees are not responsible for the mooring of Lessee's vessel. The vessel is the sole and exclusive responsibility of the Lessee at all times. 13. Government Regulations. Lessee shall comply with all statutes, ordinances and regulations of the. Federal, State, County and Municipal authorities presently in effect, or which hereafter may become effective, pertaining to the use of the marina and facilities at the Petaluma Marina. Failure to follow such regulations shall constitute a material breach of this Lease Agreement and shall be grounds for forfeiture of this Lease Agreement. 14. Indemnification. Lessee shall indemnify, save, hold harmless and defend the Lessor, its'. officers, employees and agents from and against all los es and all claims, demands, .suits, actions, payments, and judgments, including attorneys' fees and expert witness fees, arising. out of or in connection with the operation and/or usage of Lessee's vessel at the Petaluma Marina. 15. Insurance. Lessee shall procure and maintain, for the duration of this Lease Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the Lessee's use of the leased: premises . The cost of such insurance shall be borne by the Lessee and shall in the amounts of no less that One Hundred Thousand Dollars ($100,000) ' combined single limit (GSL) for each occurrence and One Thousand Dollars ($'1,000) per passenger injury for each occurrence. .Lessee shall provide the City with a Certificate of Insurance, which Certificate of Insurance shall name the. City of Petaluma as an additional insured. -4- 16. Attorneys' Fees. In the event either party hereto 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 be fixed by the Court.. This Lease Agreement constitutes the entire understanding between the parties hereto as of its effective date. IN WITNESS WHEREOF, the parties have executed this Lease Agreement a~s of the day anal year first. above written. Lessee hereby acknowledges -.receipt of a copy of the Petaluma Marina Rules and Regulations. LESSOR City of Petaluma By By Public Works Department City of Petaluma marina AGRMT5~.. 1/11/90 LESSEE -5-