HomeMy WebLinkAboutOrdinance 1848 N.C.S. 04/29/1991.k ° DATE y _ L' j�' �...
yn I j` ORDINANCE
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ORDINANCE NO. 1848 N.C.S.
Introduced by Councilman
Michael Davis
Seconded by Councilman
Brian Sobel
AN 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
day of -April , 1991, by the following vote:
AYES: Read, Davis, Woolsey, Sobel, Nelson, Vice Mayor Cavanagh, Mayor Hilligoss
NOES: o
ABSENT: o
ABSTAIN:
101
Ord. 1848 N.C.S.
ATTEST -
City Clerk
m
Mayor
Ater :ED AS TO FORM:
ttAony
Ord. 1848 N.C.S.
LEASE AUREEMENT
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5' This, , Lease Agreement is entered into this day of 1991,
6 by and between the :.City .of Petaluma, I hereinafter referred, to as "CITY" and Petaluma
7 Riverboat Coinpany,,,,here inafier'-.referred'to as ."OPERATOR'.
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9WHEREAS; IOPE R AfOR desires to construct and operate a commercial riverboat
10 f6f excursions and dining purpqses; and
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12 WHEREAS; CITY encourages the use of the 'Petaluma River and the resultant
13 stimulation bfthplocal economy.
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15 NOW THEREFORE', in consideration of the promises and mutual covenants
I . 6 contained `in,this4 eenfent, the partieshereby agree as, follows-.
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18 1. Premises. CITY leases to .OPERATOR dock space in, the turning basin,
19 Petaluma; Califor'lli a; as showni, in Exhibit A for the purpose of operation of a river cruise
20 boat by OPERATOR.
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22 2. Rent.. OPERATOR pay an annual' ual' use fee to CITY of Twelve
23 Thousand "Dollars ($,12,000M),'one-twelfth' (1/ 12) due monthly.'by the 10th day of each
24 month. Rent shall be adjusted annually u ing-,the February Bay Area Cost of Living Index. S
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26 3. I= The, term of this, lease agreement, shall be for five (5) years, unles's
27 terminated as? provided her6in. in the-tvent".that, OPERATOR fails to initiate -operations
28 withiii one (f) year ftom, the date of this, agreement ..this agreement shall be null and void.
29 Should OPERATOR not be able. to continue operations for the duration of this lease or
30 operate in a manner acceptableshill become null and'void at.
;. _
31 that time upon written notice4rom CITY.
32
33 A Compliance., OPERATOR agrees to fiiljy comply with. all local, _city, state
34 and 'federal", jaws, xegulatiotw and ordinances governing use, of the dock and waterway.
35 Failure 4o, comply With, the terms of this agteedidnt: shall be grounds to revoke
36 OPERATOR'S use, permit,(#4,6114) approved by the. Planning Commission on May 11',
37. 1990 (Exhibit B).
1 5. Utilities. -OPERATOR shall install, ,at his expense, all utilities for his
2 operation and "be responsible, 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 the City Engineer.
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8 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. Hours of'OerationCruise- oerations vv�ll b
, f � p e limited to those periods of
.
12 time outlined 'in the use permit, , After-hours cruises •requiring, bridge openings will be
13 noticed in accordance with the requirements of the bridge opening regulations.
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15, 9. Possessory Tax Notice. OPERATOR `is hereby advised: pursuant to Revenue
16 and. Taxation Code, Section 1071.6 that OPERATOR'S: property leasehold interest maybe.
17 subject to property taxation' and OPERATOR may be 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 officers, 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 -op eration and/or use of
24 the dock.
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26 11. Insurance. OPERATOR, at its own ,cost and_eitpense, shall ;procure and
27 . maintain for the duration of.this agreement insurance. -against claims for. injuries to persons
28 ., or damages "to property which may arise from or'in ,connection with OPERATOR'S` use of
29 the land The cost of such insurance shall be '-borne by OPERATOR and shall have
30 . combined' single limits of not less that One Million'Dollars ($I,Q 1000.00).
31 OPERA'$'OR shall- provide CITY' with,,a certificate of insurance which
32 certificate. of insura ee shall name. the City, of Petaluma as an additional insured
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34 11, ' ttoMdVs' Fees In the event either party.y, 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 require ".or permitted by.this. agreement, including notice
of change of address, sh'all.'be in writing and given by personal deliveryy or sent by United
States mail, postage prepaid, and addressed to the parties to be notified. Notice shall be
deemed to be given as ;of :the date of delivery in person or as, of the date when deposited in
any post' office or any post office box regularly maintained by the. United States
Government.
Notice shall be given,as follows.`
City: City Clerk
Cityof Petaluma
Post Office: Box-61
Petaluma, California 94953
Operator: William .Barker
Petaluma Riverboat Company
Post.Office Box 02
Eldridge, California 95431
This agreement constitutes the entire understanding between the parties hereto as
of its effective date. This agreement shall not be modified; excepuin 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 RIVERBOAT COMPANY
City Manager Wi 'am Barker
ATTEST: .APPROVED AS' TO FORM:
City Clerk City -Attorney .
APPROVED: APPROVED:.
Risk Management . Finance `O f cer
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