HomeMy WebLinkAboutResolution No. 5373RESOLUTION NO. 5373
A RESOLUTION AUTHORIZING THE SIGNING
OF A LEASE OR AGREEMENT
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL HEREBY RESOLVES as
follows:
The MAYOR and CITY CLERK are authorized to execute, on
behalf of the City of San Rafael a lease or agreement with the
DEPARTMENT OF NAVIGATION AND OCEAN DEVELOPMENT, accepting the
loan, and recognizing and accepting the repayment obli4ations
crea e y e agreemen ,
a copy of which is hereby attached and by this reference made a
part hereof.
I, JEANNE M. LEONCINI, City Clerk of the City of San
Rafael, hereby certify that the foregoing resolution was duly and
regularly introduced and adopted at a REGULAR meeting of
the
City Council
of said City
held on
MONDAY
the
17TH
day of
OCTOBER
1977 by the following
vote, to wit:
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: NONE
ABSENT: COUNCILMEN: NONE
CjRIGINA[
[ANNE M. LEONCINI, City Clerk
A
7---J-'1EN1-T)-,1Fc-1T TO iiGl`,T,'17,14 iT
G.
(S,711 Pafacl P1&111-1-r'.n-j, Loan ''351,000)
into oll !'C')1-L!�--Cf7% 7,�, 19718, 11�c--L-.wc:;.-n 41� 'L-) :I Ti7, rr-
ci-k" of
Pa;icq '�'Pj-)T
RT-;V10TJ.`3 -11::%rla.tA
July 2-1-.1, 1-975.
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All other terms are as defined in the PREVIOUS AGREEMENT.
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1. The and the APPLICII.NT agread tLat repayirent of the "35,000
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planning loan made by the PREVIOUS AGREEMENT would begin August 1, 1977;
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2. It is intended that repayment of the loan should be made in
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accordance with the attached repayment schedule.
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GENE -,RrL TERMS
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Tne DEPARTMENT and the APPLICAINT agree as follows:
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1. That so much of paragraph 8(a) of PREVIOUS AGREEMENT as reads
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"August 1, 1976" be deleted and the following substituted therefor:
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"August 1, 1977".
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2. Save and except as herein amended, the PREVIOUS AGREEMENT shall
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remain in full force and effect.
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OURT PAPER
L
TATE OF CALIFORNIA
TD, 1 13 (REV, 0.72 1
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:OURT PAPER I
;TATE'OF CALIFORNIA
;To. 113 IREV. B. 721
OSP
.'FATE OF'
L)i.PF:iiTMENT OF I•dP.VIGAT1Oi3 ANT,)
OCE N ]JET%EL OP.'. IvT
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CITY OF SAN RAFAEL
APPROVED AS TO FORM:
r
OB-
t.
®RYWA(.�CO, ttorney
CITY OF SAN RAFAEL
ATTEST:
By: .
CITY CLERK
Department of General Services
APPROVED
MAR 2 8 1978
BY ORIGINAL SIGNED BY
THOMAS H. CLAYT _
Asst, Chief Counsel
DEPARTMENT OF NAVIGATION AND OCEAN DEVELOPMENT
CONTRACT �� '''`. .i. with
APPROPRIATION DATA r W� . 2 7i'.i) F.Y.
FUND t'.i�s ` > &
Line Item Allotment
Amount of this estimate $
Unencumbered Balance after posting this estimate $
i certify upon my own personal knowledge that budgeted funds are avail
for the period and purpose of the expenditure st ed bov j
Date Accounting Officer
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If
BURT PAPER
\YE OF CALIFORNIA
D 113 IREV. 6.721
12.79D 7-72
W ID Oft
S" -C AGENDA ITEM N0: 7c
(10/17/77)
SMALL CRAFT HARBOR
LOAN AND OPERATION AGREEMENT
THIS AGREEMENT is entered into on October 3, 1977 , between the
California Department of Navigation and Ocean Development (DNOD) and the
City of San Rafael (APPLICANT).
DNOD and the APPLICANT agree as follows:
1. CONTRACT
This contract incorporates EXHIBIT A, Standard Terms and Conditions, dated
October 3, 1977 , and EXHIBIT B, San Rafael Marina
Feasibility Report, dated September, 1977.
2. LOAN
(a) DNOD will make a construction loan in the amount of SIXTY THOUSAND
DOLLARS ($60,000) to the APPLICANT ih accordance with
EXHIBIT A; the loan shall not exceed this amount.
(b) The APPLICANT shall deposit all loan funds transferred by DNOD in a
special account designated the DNOD Loan - San Rafael Marina
Development Fund (ACCOUNT) which shall reflect all receipts and expenditures
of loan funds.
(c) The loan will bear interest at the rate of FOUR AND ONE-HALF PERCENT
(4-1/2%) per annum on the unpaid balance, whether principal or interest,
commencing with the date of each transfer of loan funds by the DNOD.
(d) Repayment of the loan shall be made from gross revenues originating
from fees and rentals charged and received by the APPLICANT for services,
facilities and leaseholds provided or located within the project area defined
by EXHIBIT B; such gross revenues shall constitute security for loan repayment.
(e) Payments of principal and interest on the loan shall:
(aa) be made in equal annual installments as determined by DNOD, and
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COURT PAPER
STATE OF CALIFORNIA
STD. 113 (NEW 8.701
N542.70o 2-7o zoom IT cop
(bb) be due and payable on the first day of August of each
year commencing with August 1, 1982; however, in the event
of an increase, or increases, to the loan, repayment of
each such increase shall be deferred for a period of FIVE
(5) years and shall be due and payable on the first day
of August of each year following the deferment period.
3. SPECIAL PROVISIONS
(a) If for any reason whatsoever the California State Legislature
does not appropriate or DNOD does not transfer for the use of the
APPLICANT such funds as necessary for the completion of the proposed
San Rafael Marina, then the APPLICANT shall have the option of taking
either of the following two alternatives:
el
(aa) Return to DNOD all moneys transferred,,to the APPLICANT
by DNOD plus the interest (as specified above) accrued
to the date of said return; or
(bb) Proceed to complete the project using the APPLICANT's .
own funds.
The APPLICANT shall, within SIXTY (60) days following the close of the
fiscal year in which the appropriation or transfer does not take place,
forward to DNOD a qritten notice stating which election has been made;
if the APPLICANT elects to return the money, then the money shall be
returned within ONE HUNDRED TWENTY (120) days of the expiration of the
aforesaid SIXTY (60) day period
(b) If the APPLICANT elects not to complete the project defined
by this contract, then all moneys expended by the APPLICANT prior to
the date of such election are, to the extent permitted by law, a
general obligation of the APPLICANT and shall be due and payable by the
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261
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COURT PAPER
STATIC of CALIFORNIA
STD. 113 1 REV. 8-721
02r
APPLICANT to DNOD no later than ONE HUNDRED EIGHTY (180) days following the
close of the fiscal year in which the election has been made.
(c) The APPLICANT certifies that the obligation created by this contract
will not create an indebtedness or liability contrary to the provisions of
Section 18 of Article XVI of the Constitution of the State of California.
(d) Notices required between the parties shall be deemed to have been
given which mailed to the respective address below, first-class postage fully
prepaid thereon:
TO DNOD: Department of Navigation & Ocean Development
1416 Ninth Street, Room 1336
Sacramento, California 95814
TO APPLICANT: City of San Rafael
1400 Fifth Avenue
San Rafael, California
STATE OF CALIFORNIA
DEPARTMENT OF NAVIGATION AND
OCEAN DEVELOPMENT CITY OF SAN RAFAEL
I By
Director
Date Signed
By
-Date Signed
I hereby certify that all conditions for exemption set forth in State
Administrative Manual Section 1209 have been complied with and this document
is exempt from review by the Department of Finance.
CITY OF SAN RAFAEL
APPROVED AS TO FORM:
By
City Attorney
Director
CITY OF SAN RAFAEL
ATTEST:
By
City Clerk
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COURT PAPER
STATE OF CALIFORNIA
STD. 113 IR V. 8.721
asp
EXHIBIT A
DATE: 0CT 1977
SMALL CRAFT HARBOR
CONSTRUCTION LOAN AND OPERATION
AGREEMENT
STANDARD TERMS AND CONDITIONS
ARTICLE I - DEFINITIONS
A. PROJECT means the small craft harbor described in EXHIBIT B; this
includes all plans and specifications submitted by the APPLICANT and
approved by the DNOD, and any work, construction, improvements or
acquisition undertaken by the APPLICANT for the development of the
PROJECT.
B. PROJECT AREA means the area delineated in EXHIBIT B within which the
PROJECT is or will be located.
C. PROJECT COSTS mean those engineering, labor, equipment, materials and
any other costs approved by DNOD which are reasonable in amount and
which are necessarily incurred by the APPLICANT for the purposes of
completing the PROJECT.
D. CONTRACT means the contract to which these standard terms and conditions
are appended.
E. IRAN means a loan provided pursuant to Harbors and Navigation Code
Section 71.4 to finance all or part of the PROJECT COSTS.
F. ACCOUNT means the account designated by this CONTRACT for the deposit of
LOAN funds.
G. SURPLUS REVENUES means those revenues received by the APPLICANT from any
source within the PROJECT AREA less the APPLICANT's expenses for (1)
IRAN repayment, and (2) operation and maintenance of the PROJECT.
ARTICLE II - TERM OF CONTRACT
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A. This CONTRACT, subject to the provisions for prior termination, shall
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become effective on the date it is entered into and shall continue
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for THIRTY (30) years from the date of acceptance of the PROJECT by
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the APPLICANT.
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B. This CONTRACT may be extended, amended or cancelled upon agreement of
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all parties.
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ARTICLE III - DISBURSEMENT OF LOAN
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A. Conditions Precedent - The DNOD shall have no obligation to disburse
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money under this CONTRACT unless and until:
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1. The APPLICANT demonstrates to the satisfaction of the DNOD that it
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has title to, or adequate interests in, the real property comprising
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the PROJECT AREA, including but not limited to the following:
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a) land access to the PROJECT AREA by a maintained public way, and
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b) a right of passage over a waterway, open to the public,
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between the PROJECT and navigable waters, and
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c) easements or other rights of way outside the PROJECT AREA to
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provide utilities and services to the PROJECT.
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2. The APPLICANT demonstrates that it has acquired permits necessary
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to construct and operate the PROJECT
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B. The procedure for transfer of LOAN funds from DNOD to the APPLICANT
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is as follows:
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1. The DNOD may make monthly transfers of LOAN funds under this
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contract upon written request by the APPLICANT.
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2. The APPLICANT may make requests for the transfer of LOAN funds no
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more frequently than once every THIRTY (30) days; each request
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shall be for an amount mutually estimated and agreed upon by both
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COURT PAPER
STATE OF CALIFORNIA
STD. 113 1 REV. 8.721
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the APPLICANT and DNOD as sufficient to cover those PROJECT COSTS
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expected to occur during the succeeding THIRTY (30) day period.
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3.
The APPLICANT shall advise the DNOD in advance of any payment of
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PROJECT COSTS made from funds other than LOAN funds. Reimbursement
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from the LOAN may be denied for any expenditure made without prior
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approval of the DNOD.
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4.
The DNOD may withhold the transfer of LOAN funds equal to TEN
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PERCENT (10%) of approved PROJECT COSTS until the DNOD has approved
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the acceptance of the PROJECT pursuant to ARTICLE IV B-4.
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5.
The APPLICANT shall request the final transfer of LOAN funds under
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this CONTRACT no later than SIXTY (60) days following the date of
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acceptance of the PROJECT by the APPLICANT; however, in no event
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shall the final transfer request be submitted later than
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May 15,1`182- . r
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6.
The DNOD may withhold any transfer of LOAN funds for failure by
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the APPLICANT to comply with any of the conditions and provisions
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of this CONTRACT.
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C. The
procedure for the disbursement by the APPLICANT of LOAN funds
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transferred by the DNOD and deposited in the ACCOUNT is as follows:
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1.
All LOAN funds transferred by the DNOD to the APPLICANT shall:
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a. remain the property of DNOD until such funds are obligated by
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the APPLICANT in accordance with the terms and conditions of
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this CONTRACT;
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b. be disbursed by the APPLICANT for the sole purpose of paying
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those PROJECT COSTS incurred after the effective date of this
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CONTRACT; and
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c. be disbursed by the APPLICANT only upon the prior written
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COURT PAPER
STATE OF CALIFORNIA
STD. 113 1 REV. 8.721
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COURT PAPER
STATE OF CALIFORNIA
STD. 113 I REV. 8.721
O!►
approval of the DNOD. All APPLICANT requests for DNOD approval
must be substantiated by invoices or other evidence of PROJECT
COSTS and any PROJECT COSTS paid without such approval shall
not be eligible for reimbursement from the LOAN.
2. The DNOD may withhold approval of any expenditure of LOAN funds by
the APPLICANT if the APPLICANT fails to comply with any of the
conditions and provisions of this CONTRACT.
3. The APPLICANT may invest any portion of the funds in the ACCOUNT
that are not required to meet immediate contractual obligations.
Any interest accrued from such investments shall be deposited in
. the ACCOUNT and shall be used to help pay the PROJECT COSTS.
4. The APPLICANT shall remit to DNOD any LOAN funds remaining in the
ACCOUNT after all PROJECT COSTS have been paid; such LOAN funds
shall be:
a. returned to DNOD no later than SIXTY (60) days following the
date of acceptance of the PROJECT by the APPLICANT as provided
in ARTICLE IV B-4, and
b. applied to the reduction of the LOAN.
RTICLE IV - CONSTRUCTION OF PROJECT
A. The APPLICANT shall complete the PROJECT no later than May l,kc1kSL-
B. The APPLICANT shall obtain from the DNOD advance written approval of
the following:
1. All bid documents prior to advertisement,
2. All contracts prior to award,
3. All construction change orders, and
4. Acceptance of the PROJECT by the APPLICANT.
C. Plans and specifications for the construction of the PROJECT shall:
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be prepared by persons licensed by the State of California to under
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take the type of design required by the PROJECT (engineer's/
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architect's certificate number to appear on construction contract
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design documents), and
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2.
provide for all PROJECT facilities set forth in EXHIBIT B.
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3.
provide for shoreside facilities for removing waste from vessel
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holding tanks in accordance with Section 654.1 of the Harbors and
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Navigation Code and Section 5200 of the California Administrative
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Code, Title 14.
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D. All
contracts for construction of the PROJECT shall:
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1.
Be awarded in accordance with all applicable laws and regulations,
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2.
Contain the following clause: "Representatives of the Department
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of Navigation and Ocean Development (DNOD) shall be allowed access
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to all parts of the construction work."
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3.
Contain a clause that there shall be no discrimination against
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any employee who is employed in the work covered by such contracts
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or against any applicant for such employment because of sex, race,
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religion, color, age, national origin, or physical handicap, and
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that such provisions shall include, but not be limited to:
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employment, upgrading, promotion or transfer, recruitment, or
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recruitment advertising, layoff or termination, rates of pay or
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other forms of compensation, and selection for training including
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apprenticeship.
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4.
Contain a clause that the contractor shall comply with all air
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pollution and environmental control rules, regulations, ordinances
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and statutes which apply to the PROJECT and any work performed
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pursuant to Zane contract.
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COURT PAPER
STATC OF CALIFORNIA
STD. 113 IR V. 8.721
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COURT PAPER
STATE OF CALIFORNIA
STD 113 1REV. 0.721
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E. Prior to the commencement of the construction of the PROJECT, the
APPLICANT shall cause the contractor and a corporate surety acceptable
to the DNOD to furnish in favor of the APPLICANT and the DNOD, as their
interests may appear, bonds in the minimum amounts indicated below:
1. Faithful performance - ONE HUNDRED PERCENT (100%) of the total
contract bid price.
2. Labor and materials - ONE HUNDRED PERCENT (100%) of the total
contract bid price.
Copies of said bonds shall be furnished to the DNOD.
F. The APPLICANT's personnel and construction of the PROJECT shall be
the supervision of qualified inspectors. Inspection reports and related
inspection data shall at all reasonable times be accessible to the DNOD
personnel, and on request copies of such reports and data shall be
provided to the DNOD by the APPLICANT.
G. Any contract awarded for the construction of the PROJECT or any part
thereof, which is in excess of $10,000 or the amount set forth in any
competitive bidding statute applicable to the APPLICANT, whichever is
less, shall be awarded by competitive bid procedures which assure award
of the contract to the lowest responsible bidder, except as may be
otherwise authorized in writing by the DNOD.
ARTICLE V - LAND CONTROL
A. The APPLICANT shall retain ownership of all land within the PROJECT AREF
and shall not sell, exchange, transfer, mortgage, or hypothecate in any
manner all or any portion of the real property within the PROJECT AREA,
or required in connection therewith, without advance written approval
of DNOD.
B. The APPLICANT warrants that there shall be no encumbrance, lien,
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COURT PAPER
STATE OF CALIFOPRIA
STC. 113 IREV. B-721
asp
easement, license, title, cloud or other interest which may interfere
with the PROJECT or use thereof by the public. Certification by the
DNOD that the APPLICANT has satisfied the conditions precedent to
disbursement of LOAN funds shall not affect this warranty.
ARTICLE VI - OPEP,ABON OF PROJECT
A. The APPLICANT shall operate the PROJECT as a recreational small craft
harbor.
B. The APPLICANT shall:
1. Continuously operate in an efficient and economical manner all
PROJECT facilities acquired, constructed, improved, maintained, and
completed in full or in part, as a result of the loan made hereunder.
2. Make all repairs, renewals and replacements necessary to keep the
PROJECT in good repair at all times.
3. Operate, maintain and control the PROJECT with its own employees;
provided, however, that APPLICANT may lease portions of the PROJECT
AREA,or let concessions for the operation of the PROJECT or parts
thereof, provided such leases and/or concessions are made in
accordance with Harbors and Navigation Code Sections 72 and/or
72.2; and provided, further, that no lease or concession agreement
shall be made without prior written approval of DNOD.
4. Make the PROJECT facilities available to all on equal and reasonable
terms.
5. Make all books, papers, records and accounts relative to the
PROJECT open and available for inspection and audit by DNOD or any
-7-
I
authorized representative of DNOD at any and all reasonable times.
2
6. Periodically fix, prescribe, and collect fees, rentals, or other
3
charges for services and use of facilities within the PROJECT AREA
4
sufficient to produce gross income adequate for payment of the
5
following in the order set forth:
6
a. All installments of principal and interest on money owed to
7
DNOD as they come due.
8
b. All expenses of operation, maintenance, and repair of said
9
facilities.
10
C. SURPLUS REVENUES shall be administered as follows:
11
1. The APPLICANT shall retain and invest in reasonably liquid assets
12
all SURPLUS REVENUES.
13
2. Except at the discretion of DNOD, no transfer,of SURPLUS REVENUES
14
other than for the advance repayment of the LOAN will be permitted
15
until the LOAN owed DNOD by the APPLICANT is paid in full.
16
3. The APPLICANT shall record all SURPLUS REVENUES in a separate
17
account designated the "DNOD Loan Repayment Account"; such account
18
shall reflect all receipts by the APPLICANT of revenues originating
19
within the PROJECT AREA.
20
ARTICLE `!II - LOAN REPAYMIENIT
21
A. DNOD may make adjustments in the schedule of annual LOAN payments to
22
reflect unscheduled payments of principal or interest that may be made.
23
B. APPLICANT at its option. may at any time make advance payment of all
24
or part of the principal on the LOAN remaining unpaid.
25
C. LOAN payments shall be made payable to the order of the Department of
26
Navigation and Ocean Development, Fiscal Section, 1416 Ninth Street,
27
Sacramento, California 95814.
-8-
COURT PAPER
STATE OF CALIFORNIA
STD. 1 1 3 I REV. 8-721
asp
1
ARTICLE VIII - LIABILITY AND FIRE111SURANCE
2
A. The APPLICANT agrees to insure the PROJECT through either of the
3
following two alternatives:
4
ALTERNATIVE I
5
The APPLICANT shall maintain in full force and effect during the
6
TERM OF CONTRACT the following insurance in the minimum amounts
7
specified:
8
Bodily Injury or Death .......... $300,000 each person
9
..........$1,000,000 each occurrence
10
11
Property and Product Damage ..... $500,000 each occurrence
12
.....$1,000,000 aggregate
13
14
Fire Insurance..................90% of the full insurable value of
15
all insurable components of PROJECT
16
ALTERNATIVE II
17
1. The APPLICANT agrees that all contracts between it and the designer
18
(or designers) responsible for design and preparation of plans
19
and specifications of the PROJECT shall contain a clause requiring
20
said designer(s) to obtain Architect's Professional Liability
21
(errors and omissions) Insurance in the amount of $250,000.
22
2. The APPLICANT agrees that all contracts between it and the contracto
23
(or contractors) responsible for construction of the PROJECT shall
24
contain a clause which requires the contractor(s) to obtain
25
insurance in the minimum amounts specified in Alternative I above.
26
3. 'The APPLICANT prior to acceptance and operation of the PROJECT shall
27
procure and maintain in full force and effect during remainder
-9-
COURT PAPER
STATE OF CALIFORNIA
STD. 113 IR EV. 6.721
our
I
of the TERM OF CONTRACT insurance in the minimum amounts specified
2
in Alternative I.
3
B.
Such policy or policies shall be in a form satisfactory to the
4
Department of General Services and the APPLICANT shall, upon receipt
5
thereof, forthwith submit to the DNOD copies thereof including any
6
new or renewal policy effective during the TERM OF CONTRACT. Copies
7
of such policy or policies shall be submitted to the DNOD at least
g
TWENTY (20) days prior to the effective date or dates thereof.
9
C.
Such policy or policies shall contain the following endorsement:
10
The State of California, its officers, employees and agents are
hereby declared to be additional insureds under the terms of
11
this policy, as to activities of both APPLICANT and DNOD in respect
to the PROJECT, and this policy shall not be cancelled without
12
THIRTY (30) days prior written notice to DNOD.
13
D.
Loss under said fire insurance policy or policies shall be payable
14
to the DNOD for deposit in an appropriate trust fund with the State
15
of California. If the DNOD deems it in the interest of the State of
16
California, the proceeds may be paid to the APPLICANT upon the
17
APPLICANT's application for the reconstruction of the destroyed
lg
facilities.
19
E.
The DNOD shall not be held liable for the payment of any premiums or
20
assessments on such insurance policy or policies.
ARTICLE
IX - INSTALLATION OF OTHER FACILITIES
21
22
A.
The APPLICANT may at its own expense place or cause to be placed
23
within PROJECT AREA any structure or structures, alterations, and
24
improvements in addition to those set forth and described herein,
25
provided that such facilities:
26
1. be constructed, maintained and operated for the use, enjoyment,
27
protection and service of the public;
-10-
COURT PAPER
STATE OFCALIFORNIA
STD. 113 I REV. R•721
Ofd
1 2. do not directly or indirectly reduce the service capabilities for
2 the boating public called for in EXHIBIT B including the sanitary
3 and parking facilities; and
4 3. have the prior written approval of DNOD.
5 B. The DNOD shall not be obligated to make or cause to be made any
6 alterations, improvements, or repairs to any facilities within the
7 PROJECT AREA in addition to the original construction of the PROJECT
8 as provided for herein.
9 ARTICLE X - SIGN REFERRING TO DNOD FINANCING
10 The APPLICANT shall cause a permanent sign to be installed within the PROJECT
11 AREA which shall include a statement that the PROJECT was financed by the DNOD.
12 The sign may contain additional statements which recognize the participation
13 of other government agencies in the PROJECT. The sign shall be installed
14 before the PROJECT is made available to the public. The location and makeup
15 of the sign, including the dimensions, materials and lettering, shall be as
16 approved by the DNOD.
17 ARTICLE XI - DIRECTIONAL SIGNS
18 The APPLICANT shall at the direction of the DNOD cause permanent directional
19 signs to be installed so as to provide adequate directions to the public for
20 reaching the PROJECT AREA. The signs shall be installed on major roads in the
21 area and in as close proximity as possible to freeway exits. The locations
22 and the makeup of the signs, including the dimensions, materials, and lettering,
23 shall be as approved by the DNOD.
24 ARTICLE XII - RIGHT OF DNOD TO TAKE POSSESSIO-N OF THE PROJECT
25 A. The Director of the DNOD may, at his or her option, take possession
26 of the PROJECT if after NINETY (90) days written notice the APPLICANT
27 remains in breach of any of the provisions of this CONTRACT. The
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COURT PAPER
STATE OF CALIFORNIA
STD. 1 13 1 REV. 8.721
O9r
1
2
3
4
5
6
7,
Director of the DNOD shall, after the exercise of such option,
construct, operate or maintain the PROJECT for the account of the
APPLICANT until the LOAN is repaid in full; the income received from
the PROJECT during such time shall be applied to the reduction of
(1) the interest, and (2) the principal of the LOAN.
B. The APPLICANT does hereby consent to the Director of the DNOD taking
possession of the PROJECT for the purposes enumerated by this article;
8 and further, pursuant to the provisions of this article, the APPLICANT
9 grants to the Director of the DNOD the right of ingress and egress
10 over all property owned or controlled by the APPLICANT that is reason -
11 ably necessary for such purposes.
12 ARTICLE XIII - WAIVER OF RIGHTS
13 It is the intention of the parties hereto that from time to time either party
14 may waiver certain of its rights under this CONTRACT. Any waiver at this time
15 by either party hereto of its rights with respect to a default or any other
16 matter arising in connection with this CONTRACT shall not be deemed to be a
17 waiver with respect to any other default or matter.
18 ARTICLE XIV - REMEDIES NOT EXCLUSIVE
19 The use by either DNOD or the APPLICANT of any remedy specified in this
20 CONTRACT for the enforcement of the CONTRACT is not exclusive and shall not
21 deprive the party using such remedy of, or limit the application of, any other
22 remedy provided by law.
23 ARTICLE XV - OPINIM S AND DETERMINATIONS
24 Where the terms of this CONTRACT provide for action to be based upon the
25 opinion, judgment, approval, review, or determination of either DNOD or
26 APPLICANT, such terms are not intended to be and shall never be construed
27 as permitting such opinion, judgment, approval, review, or determination to
-12-
COURT PAPER
STATE OF CALIFORNIA
STD. 113 IREV B-721
08/
1
2
3
4
5
6
7
E:M
9
10
11
12
13
14
15
16
17
18
19
20
21
22
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24
251
26
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COURT PAPER
STATE of CALIFORR111
STD. 1 13 I REV. 8.721
Ot►
be arbitrary,
capricious, or
unreasonable.
ARTICLE XVI
- SUCCESSORS
AND ASSIGNS OBLIGATED
This CONTRACT
and all of its
provisions shall
apply to and bind the successors
and assigns of the parties hereto.
ARTICLE XVII - ASSIGNMENT
No assignment or transfer of this CONTRACT or any part hereof, rights hereunder,
or interest herein by APPLICANT shall be valid unless and until it is approved
by DNOD and made subject to such reasonable terms and conditions as DNOD may
impose.
ARTICLE XVIII - TERMINATION OF CONTRACT
This CONTRACT shall terminate at such time as the LOAN made herein, including
all principal and interest, is repaid in full.
ARTICLE XIX - RIGHT OF ENTRY BY DNOD
MOD and its agents may, at any and all reasonable times during the TERM OF
CONTRACT, enter the PROJECT AREA for purposes of inspecting the PROJECT.
ARTICLE XX - LIABILITY
1. APPLICANT waives all claims and recourse against DNOD including the
right to contribution for any loss or damage arising from, growing
out of or in any way connected with or incident to this CONTRACT
except claims arising from the concurrent or sole negligence of the
DNOD, its officers, agents and employees.
Z. The APPLICANT shall indemnify, hold harmless, and.defend the DNOD, its
officers, agents and employees against any and all claims, demands,
damages, costs, expenses or liability arising out of the acquisition,
design, construction, operation, maintenance, existence or failure of
the PROJECT.
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12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
COURT PAPER
STATE OF CALIFORNIA
STD. 113 I REV. 0.721
O!p
State of California The Resources Agency Department of Navigation and Ocean Development
�ifi3w�fTa`�
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40.
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Project
Site
N
RAFAFL
MAI
STATE OF CALIFORNIA --RESOURCES AGENCY
DEPARTMENT . OE NAVIGATIG, ,
1416 NINTH STREET
SACRAMENTO, CALIFORNIA 95814
(916) 445-6281
EDMUND G. BROWN Jit., Governor
AND OCEAN DEVELOPMENT
September 1977
Members
Navigation and Ocean Development Commission
The attached report presents the justification and purpose of a $60,000
loan to the City of San Rafael to finance the advance engineering work
necessary to obtain permits from regulatory agencies. These permits
must be obtained.by the city before final design and construction of the
proposed San Rafael Marina may commence.
Although the State Budget Act of 1977-78 makes a total appropriation of
$440,000 available for the development of the San Rafael Marina, the
Budget Act includes the following limiting language:
"...provided, that $380,000 of the funds appropriated for this
project may not be encumbered by contract unless and until
permits for dredging and filling of wetlands, if such permits
are required, have been granted by the Army Corps of Engineers
and the San Francisco Bay Conservation and Development Commission."
Hence, the present loan has been limited to $60,000 in accordance with
the budget language.
The total marina development will consist of a dredged boat basin, 600
boat berths, and ancillary facilities. The development has been evaluated
pursuant to the California Environmental Quality Act and an Environmental
Impact Report has been reviewed by all concerned agencies.
DNOD has preliminarily determined that there is sufficient demand for
the facilities which would be provided by the San Rafael Marina and has
further determined that the City of San Rafael has the ability to finance
the loan proposed in this report. Therefore, the Department recommends
that the Navigation and Ocean Development Commission consent to a loan
in the amount of $60,000 to the City of San Rafael.
YA,/Y�M
Director
P U R P O S E O F R E P O R T
— — — — — — — — — — — — — — —
This report proposes and recommends a $60,000 loan to the City of
San Rafael to be expended for the purpose of obtaining permits from
the Bay Conservation and Development Commission and the U. S. Army
Corps of Engineers to construct the San Rafael Marina. To demonstrate
the soundness of the initial loan, this report examines the potential
for development of the marina and the ability of the City of San Rafael
to repay the loan.
BUDGET ACTION
The California State Legislature appropriated $440,000 in Fiscal Year
1977-78 for development of the San Rafael Marina; however, only $60,000
of the amount appropriated may be "encumbered by contract unless and
until permits for dredging and filling of wetlands" have been obtained
(quote from 1977 California Budget Act).
PROPOSED SAN RAFAEL MARINA
Location - The new marina will be located in the eastern section of the
City of San Rafael on an undeveloped peninsula; the location is situated
just south of San Rafael Creek which will link the marina to San Rafael
Bay and the greater San Francisco Bay. The marina will be about 12 miles
north of San Francisco and will be readily accessible to boaters.
i Access
{
Land Access - Highway access to the marina will be provided by
State Highway 17 which connects with State Highway 101 to link
the marina with the major population centers in the San Francisco
Bay Area. Access by city streets will be provided by-Bellam
Boulevard which will be the main entrance into the marina.
Water Access - Access to San Francisco Bay from the marina will
be provided by the San Rafael Creek Channel, a channel maintained
by the U. S. Army Corps of Engineers. Access to this channel
from the marina will be dredged as part of the marina construction.
Site Description - The marina site is a former San Francisco Bay
tidelands area which has been diked and filled. The site is
bordered by mudflats and bay waters to the east, wetlands to the
south, residential development to the west and San Rafael Creek to
the north. The site contains a dredged lagoon but is basically
unimproved.
Proposed Project - The proposed project will consist of (1) dredging
an entrance channel and boat basin; (2) construction of parking,
sanitary facilities, and 600 berths; and (3) providing landscaping
and utilities.
DEMAND FOR PROPOSED PROJECT
The potential demand for berthing within the San Rafael Marina market
area was estimated by the August, 1974, Coastal Boating Facilities Study
to exceed the available supply of berths at public and private marinas
by nearly 500 slips in 1975; this potential shortage was predicted to
increase to about 900 slips in 1980 and to over 1,200 slips in 1985.
Given this information, it can be concluded that there exists sufficient
demand for berthing in the market area of the proposed marina to warrant
its construction.
-2-
ABILITY TO REPAY LOAN
The collateral for the $60,000 loan proposed by this report will be the
gross revenues produced by a completed San Rafael Marina. However,
should the marina not be constructed, then the loan would, if made,
become a general obligation of the City of San Rafael. For the purposes
of this report, it is assumed the loan will be a general obligation of
the city. The City of San Rafael, if necessary, could finance the
i
repayment of the $60,000 loan by raising its tax rate by less than
$0.03 per hundred dollars of assessed valuation of property within the
city. It is concluded, therefore, that the city has sufficient financial
resources to repay the loan if the marina is not constructed.
SUMMARY f,
iThere exists both a need and the potential for development of the facilities
which would comprise the San Rafael Marina; further, the City of San Rafael
has the wherewithal to repay the loan in the event the marina is not
constructed. Therefore, the Department of Navigation and Ocean Development
recommends that the Navigation and Ocean Development Commission approve a
loan in the amount of $60,000 to the City of San Rafael to obtain those
predesign and preconstruction permits necessary to proceed with the develop-
ment of the marina.
Ws
0 400 800 1200
SCALE OF FEET /
J
.PROJECT AREA
LEVEE SAN
RAFA EL
BAY
PLATE IL
l�\
NO SCALE
M1 ATC TTr