HomeMy WebLinkAboutOrdinance 1848 N.C.S. 04/29/1991l'
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i ~.~ ~a~a 2 9 1991
ORDINANCE NO. 1848 N.C.S.
Introduced by Councilman
Michael Davis
AIY ORDINANCE AUTHORIZING A LEASE OF REAL. PROPERTY
LOCATED IN THE TURNING BASIN OF THE PETALUMA RIMER
IN THE CITY OF PETALUMA
BE IT ORDAINED BY THE Council of the City of Petaluma as follows:
Section 1. The real property located in the turning basin of the Petaluma River in the
City of Petaluma, County of Sonoma, State of California is hereby authorized to be
leased under the terms and conditions set forth in the Lease by and between the City of
Petaluma and the Riverboat Company, which Lease is attached hereto as Exhibit "A"
and incorporated herein by reference and the Mayor or City Manager is hereby
authorized to sign said Lease.
Section 2. The City Clerk be, and she is hereby directed to publish this ordinance for
the period and in the manner required by the City Charter.
INTRODUCED and ordered Posted/Published this 15th day of
April 1991.
ADOPTED this 29th
Seconded by Councilman
Brian Sobel
day of -April , 1991, by the following vote:
AYES: Read, Davis, Woolsey, Sobel, Nelson, Vice Mayor Cavanagh, Mayor Hilligoss
NOES: o
ABSENT: o
ABSTAIN:
g
Ord. 1848 N.C:S.
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ATTEST•
City Clerk
Mayor
Ater OVED AS TO FORM:
tt~o neY
Ord. 1848 N.C.S.
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This Lease Agreement' `is entered. into this day of , 1991,
by and between, the :.city .of Petaluma; hereinafter, referred; to as "CITY" and Petaluma
Riverboat Company; hereinafter :referred to as "OPERATO.R".
`WHER~EAS;'OP~ERATOR desires to construct and operate a commercial riverboat
-for excursions 'and dining purposes; and -
WHEREAS; CITY encourages the :use of the 'Petaluma River and thc' :resultant
.stimulation ~of~the local economy..
N`OW; :THE`R'EFORE, in c.onsider..ation~ of he promises and mutual covenants
contained in; thisagreement, th`e parties hereby agree. as follows:
1. :Premises. CITY leases to :OPERATOR dock space in. the turning basfn,
Petaluma, California; as shown> in Exhibit A for the purpose of operation of a river cruise
boat by OPERATOR. '
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2. ~ Rent.. OPERATOR sfiall pay an annual' use fee to CITY of Twelve
Thousand Dollars ($-12,000.OOj, ~ one-twelfth' (1 / 12) due+ monthly."by the lOtti day of each.
.:month. Rent~shall be adjusted. annually usingthe February Bay Area Cost of Living Index
3. Term.. The term of this Tease agreement shall be for fve (S) years, unless
terminated as~;provided herein,. In the ~~event that, OPERATOR fails to initiate operations
within. one (T') year :from, the date of thin agreement; this agreement shall be :null and void.
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Should OPERATOR not be able. to continue operations :for the duration of this lease or
operate in a 'manner acceptable to theCITY, this :agreement. shall become -null and void at~
that time upon written notice~~from CITY.
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4. ~ Compliance., OPERATOR' agrees to fully comply, with all local, ~_eity, state
.and 'federal, laws, ;regulationsr and ordinances governing use of the :dock and waterway. -
Failue ~"to; .comply with the -terms of this -.agreement shall be grounds to revolve.
OPERATOR'S use, ;permit ~(#'1;614) .approved by the Planning Commission on May 11',
1989 (Exhibit `Bj.;
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', 1 ~ ~ 5. U.ti~ °OPER~A~T.OR sfi"a_11install, ,at his expense, all. utilities for' his
2 operation. and'."be`:i~esporisble. for payment of all utilities in connection with his business
3 operations. Utilities will be~metered~separately<and are;not included in.use'fee.
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• . 5 ~ 6. :Sewer. OPERATOR shall install at his expense a sewer collection. system in
6 the turning basin to collect ,waste :from his vessel as approved by he City Engineer.
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g ~ 7. °Maintenance. OPERATOR will provide ,adequate .measures to ensure. the
9 public .property and waterway are'.kept in a. clean and sanitary condition.
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11 8. Ho _ ~ ~ ~ p e limited to those periods of
urs of 'O eration. Cruise- o erations vv~1T b
12 time- outlined 'in the use permit, , After-hours cruises .requiring: bridge openings will be
13 noticed in accordance with the require"ments of'the bridge opening regulations. "
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15' ~ 9,. Possessory Tax Not`iee: OPERATOR `is hereby .advised: pursuant to Revenue
`16 and. Taxation Code Section lOZ.6 that OPERATOR'S: property leasehold interest maybe
l7 subject to property taxation° and OPERATOR maybe subject to the payment. of property
18 taxes levied on such :interest.
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20 - - 10. ,Indemnification . 'OPERATOR: shall indemnify,save, hold`` harmless- and:
. ~ 21 defend CITY, its offcers .employees and agents=from and against all losses and. all claims,.
22 demands, suits, ,actions, payments, and judgments, including attorneys' fees. and expert'
23 witness fees arising, out' of or ~in connection with; OPERATOR'S operation and/or use of
24 the dock. -
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26 11. , Insurance. OPERATOR,, at its owa ,cost and _ expense, shall ;procure and-
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27 ~ maintain!for the duration~bf~this agreement insurance.-against claims for: injuries to persons.
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28 ~ or damages 'to property which may arise from or'm ,connection with OPBRATOR'S` use of
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29 the land The cost of such "insurance shall lie ~-borne by OPERATOR and shall have
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30 . combined' single limits of not less that One Million'Dollars ($I,O~~Oa0.00).
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31 ~ OPERA'$'QR shall- provide `CITY' with,,a certificate of insurance which
32 certificate.of:insurance shall namethe City,of`Petaluma as additional insured
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34 X12:, ' ttornws' Fees: In the event either party. hereto shall commence any legal
35 action `arising out of this agreement or the .performance thereof, the party' prevailing in said
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action or proceeding; shall be entitled. to. recover;. in addition to its' courts costs, reasonable
attorneys' fees. to befixed.by the Court
13. Notice. All `notices, required:or permttedby.this agreement, including notice
of change of. address,, shall.'be in writing and given. by personal delivery. or sent by United
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States mail, postage prepaid, and addressed. to the parties to 6e notif ed. Notice shall be
deemed. to be given as ~of ahe-date of delivery in person or as, of the date when deposited in
any post'. office nor any post office box .regularly maintained by the. United States
Government. '
Notice shall be giyeri gas follows:
City:. City Clerk
City of Petaluma
Post Office: Box~61
Petaluma, California 94953
Operator:, ~ Wi1Lam .Barker . .
PetalumaRiverboat Company
Post:Office Box 972
Eldridge,. `California 9543.1
Thisagreement constitutes the entire .understanding-between the parties hereto as
of its effective date: T~liis agreement shall not be modified; except in writing by both parties.
IN WITNESS' WHEREOF, the parties have `executed this agreement as of the day
and year°first above written. -
CITY OF PETALUMA ~ PE,TAL.UMA RI~7ERBOAT COIVIPANY~
City Manager Wi 'am Bar er
ATTEST: ~ .~APPROVE'D AS' TO F~ORAq:
City Clerk City~Attorney .
APPROVE=D APPROVED:
RiskManagement- . ~ Finance `O ~ cer
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