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Res 60-76 RESOLUTION NO. 60-76 A RESOLUTION OF T~ CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA ESTABLISHING DOCICAGE RATES FOR TttE CITY MARINA, APPROVING THE FORM 'OF A DOCY~GE AGREEMENT TO BE USED WHENEVER DOCK SPACE IS LEASED, APPROVING RULES AND REGULATIONS FOR TI~E USE AND OCCUPANCY OF DOCKAGE SPACE IN THE CITY MARINA AND PROVIDING ADMINISTP~TIVE RESPONSIBILITY IN THE FINANCE DEPARTMENT FOR THE FULFILLMENT OF T}~ TE~S AND CONDITIONS OF THIS RESOLUTION. WHEREAS, the City Administration has recommended to City Council that the City rather than private lessee operate the City Marina; and, WHEREAS, City Council concurs in the recommendation of the City administration and desires to establish rates for the use of the City Marina together with other administrative policy matters, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the rates for dockage at tke City Marina be in accordance with the following schedule: (a) Day to day dockage $.30 per foot per day without regard to whether or not people may be living on board or not. (b) Monthly contract: (1) $.11 per foot per day for dock use only. (.2) $.15 per foot per day if people will be living on board during dockage. (3) Monthly contract renewals are subject to $100.00 deposits. (c) Monthly contract of four months duration or longer: (1) $.10 per foot per day for dock use only. (2) $.13 per foot per day if people will be living on board during dockage with a 110 volt hookup. (3) $.14 per foot per day if people will be living on board during dockage with a 220 volt hookup. (4) Monthly contract of four months duration or longer requires first and last month rental in advance. (d) The rates set forth above shall be calculated based on the actual length of the boat; however, there is hereby established a minimum charge per day for each category based on an assumed length of thirty-five feet. (e) Upon payment of the proper fees set forth above, persons living aboard while docked in the City Marina will be furnished at no additional charge electricity, water, garbage collection, and shower facilities. (f) Ail rental fees must be received by ~he first of each month. Rentals unpaid by the 10th of the month are subject to be leased at the first of the following month. Section 2. That the form of agreement attached hereto is made a part hereof and such agreement shall be executed by each person, firm or corporation using dockage space at the City Marina. Section 3. The attached ~rules and regulations are made a part hereof and a copy of said rules and regulations shall be furnished to each person, firm or corporation using dockage space in the City Marina and it is hereby made a condition of such use that the aforesaid rules and regulations be fully complied with by such person, firm or corporation. In addition~the Finance Department is hereby given authority to promulgate without further Council approval, reasonable rules and regulations for the use of dockage space in the City Marina which shall be consistant with this resolution, the agreement attached hereto, and the rules and regulations attached hereto. Section 4. The City of Delray Beach Finance Department is hereby given the Administrative responsibility to carry out the terms and conditions of this Resolution and to collect the sums of money provided for herein. That wherever the term Dockmaster is used in the attached agreement or rules and regulations, it shall be deemed to mean the City of Delray Beach Finance Department. PASSED AND ADOPTED in regular session on this the 8th day of November , 1976. ATTEST: - /.~CitY Clerk Res. No. 60-76 by an~] ).~etwc'(:n C].'J'Y O1.' })]:;],I~AY }~].;ACII F~AI¢.LNA, hercili called tJ~e /,]A]{].I4A and Clio UHI)EIU]]iCJN]31) OWH]:;]~ OR O]'I';I~ATOI~. WI'J'NE[;~;ETII: Ti,at .for and in consideration of the co~enants and stip- ulations hcreinhfter set out, IT IS AGRI~:EI) Af{~ FOLLOWS: 1. The Marina operates and maintains 'dockage facilities for the use of yacht and/or boat owners and operators. 2. The Owner agrees to pay the Harina for dock space at the raEe of payable as follows: Name of Vessel: Overall length: Beam: Draft: Power :, Sail: Registration No.: Slip NO. Estimated length of stay: Captain's Name: Owner or Owners: ~ R~sidence Address: " Business Address: Business Phone: Residence Ph0ne: 3. ~hc .qarina shall have a lien against tt'.e above descrJbe,t boat, her appurtenance:; and contcnt~;, for un[~aid s,l:2~; duo ~t f~r rent, d0~ma[Ie caused to any dock:~, Dr~[~erty, c~r p.:r~;on at tk,~ 1.:~rJ.:~a. If suit i~ brought to ~-nforce said lien, or to collect any amount due under this Aurc(~,ent, thc O'e.'n~r and the vessel shall have an ~dditional liability for reasonabl~ attorney's and all oth,~r cost ~ncurred in connection Ftcrewith. 4. 'l'h[s Agruement is for the use of dock space only. Such space is to ~ used at th~ sole risk of the O~;ncr. Thc2 /larina ~3hall not be liable for the care of the 13rotection of the boat, ~nclud~ng h,2r gear or equipment. 5. The 14.3rina i~ not rc:sponsiblc for losses 'on or damages to bohts the Marina. Boat Owners are responsible for ddmage to dock structures and pilings. In the event of on emergency, the f-larina reserves the right to move ~ats to other mooring places. 6. This Agreumcnt is effective commencing , 19__, and shall continue, (2;<copt as zpecified in Paragraph 9 here°f, until terminated u~3on one of the fo(lowing conditio~ls: (a) By breach or forfeiture of any of the covenants or provisions of this Agreemc~nt as ()roy(dod el~;ewhc3re in this Agreement. (b) By written notice of termination by the Marina. (c) By %.;ri(ten noL}c~3 of termination by the O~.u?r, accompanied by tender of unpaid iec~[; or chargc~, if any. (d) By the dock or mooring .facility becoming unserviceable for . 7. The rental :~b.:~]l be at tho rat~.~ es[:ablished by the City Council from time to time. City Council reserve~ the riqht to change the rates at any tame during this contract, subject: howc~w3r to ~]iving 10 do'Zs notice to the Owner prior to th,3 time any such incrca~;e ~dtatl be effective as to such O'dner~ 8. l.~rJtten notice mr~J]~d or dt~livezed to the ~;lip nssiqncd or to the Owner's address as sh~¥~l above, ~3]lal] constitute suffJ, ci~mt notice to the eisner and notice in writitlg del~w~,red to th~ Deckmate(er shall constitute sufficient notice to thc I.larina concerninq thc terms of this Agree.men(. 9. The Owner aqrt%c,s to hold the t.l..irina hz, rml(.ss anal to iclemnify tho Marina for any loss, damnqe or liabi, l~ty i;:~po:;ed by r(~;~..;on of any act or omission on the part of t.h,~ Owner, htr; agents;, (~I,lployc. es~ or guests in the use of the Nat'ina facilities for thc dc~scril,ed 10. The Owner atIr('ec to com?ly with a].l lnw:l pertaining t.o tile Marina operations and ~tll rul,~s and l'cqulations as ~i(~t l'orth on thc, r(.verse side hereof, · or attached C~ereto, and !;h.~ll by refer(oleo be mad(, a part hi,r(~of. Upon fail- uno by the Own,.r to coml,ly with ally l;ut:h ldw~;, I'ulo~i Or rcgulation:~, or to pay to Indemnify th(~ l,l,~rin,i rot .m,/ ]o~;~, d,ll:l,l,l~' or liability Ic:,ultJll~j from hi8 Il. It i.; u~M,.r:;t{~,,I ,t*~.l a,lr.,~,d th..( thi.~ ~,lrt~r'l'l~,llt j~ Dot a~:aJqn.-~blo COIi(. J lltti Ilq w,li via.r, CITY 01.' I)I:I,I{A~ BI:ACII ~,',?~,.~ .,: CITY OF DELRAY BI.:ACII MARINA ~ I~l~R^¥1:t ~,~:l~ MARINA RULES AND REGU%~TIONS 1. It is our earnest desire to provide the ultimate in service, safety and com- fort for all.our guests at tho City of Delray Beach Marina, herein called the "Marina". ~. The Rules of the Road and the Navigation Laws of the United States apply to all vessels in or approaching the Marina. 3. Guests' ~eparting should notify the Deckmaster so that proper arrangements can be made to have docks clear upon return. The Marina reserves the right to rent all docks when they are vacant. 4. Sub-leasing of slips by guests is not permitted. 5. Noise should be kept to a minimum at all times. .. 6. Guests should use discretion in the operation of generating plants,. ~ engines and other power equipment so as not to create exceptional noise ~ 6 p'.m. and before 9 a.m. 7. .The extent of boat repairs and maintenance at dockside is at the disc of the management. Ma.jor repairs will Dot be allowed. . . 8. ' Piers are to be k~pt clear at all t~mes. Storage of loose gear is not per- mitted. }loses and electric lines should not cross piers. No dock boxes shall " be placed on piers without specific approval of the Deckmaster, and then only one · per slip. '9. Pets are permitted as long as they do not disturb other guests. They should be leashed at all times and toileted only in designated areas. 10. O~ly'boats in seaworthy condition and under their own power will be admitted to berthing areas. . ll. All boats of Florida registry will be required to maintain a current Coast Guard Courtesy Examination Certificate. 12. Berth will be assigned by the Deckmaster, or his duly authorized representa- " ~ive and no changes will. be made With6ut his permission. The Deckmaster, or 'his - representative· may cancel the Dockage Agreement and order any vessel to vacate . . the space said vessel i~ occupying for the violation of any of the Marina's rules or regulations. 13. It shall also be the responsibility of tenants to keep their vessels in such · , condition that they do not become unsightly or di'lapidated or reflect unfavorably on the appearance standards of the Marina. 14. No refuse shall be thrown Overboard. All garbage and trash shall be placed in . . receptacles provided. No person shall discharge 0il, spirits,.inflammable liquids, .' or oily bilges into the basin. .-15. Swimming, diving, or fishing, shall not be permitted from the docks or boats, . 16. Laundry of any type or any item of a personal nature Shall not be hung to "dry out', or air, in public view aboard any vessel or any pier while a dockside . tenant of the Marina. .' 17. No advertising or soliciting will be permitted on any boat. However, any boat may display a'small, not to exceed 1' square, "For Sale" sign. 18. It shall be unlawful for the Owner, operator, or Person in charge of any vessel to remove said vessel from.the Marina ProPerty without permission of the' ., Deckmaster when said vessel has a delinquency in'its dockage account. ~9. Water siphons may not be used under any circumstances. ~0. No fires of any kind' shall be allowed on boats or main docks. · ~1. Automobiles must be ~ermitted by the DSckmaster and then may only be parked in the designated areas and maintained in good order. . ~ 22. Checkout time is 3 p.m. and boats occupying a berth after this time are ' charged dockage for that night. Notice must be given by noon on date of f ' departure. · 23. Please notify Dockmaster's office prior to departure. · ' 24. Ail boats must be able to produce evidence of liability insurance. Any suggestion~ or complaints should be brouqbt co the attention of the Marina ~o~ .... .~,. %~- u, uut you will have a n.{o~ stay with us.