HomeMy WebLinkAbout07 - Agreement with Sailing Fascination for Slip Rental - Amended Page 36. PAYMENT OF FEES
(a) In lieu of fair market value slip fees for the Term of this Agreement, Vessel Owner agrees to pay
the Slip Fee of One Dollar and 00/100 ($1.00) per month and shall provide boating safety and
sailing instructions to a minimum of forty (40) physically and /or intellectually disabled individuals
per year. This instruction will be provided free of charge and shall conform to the curriculum
outline attached hereto as Exhibit 1 and incorporated herein by this reference.
(b) The Slip Fee charged under this Agreement is for less than fair market value. The City Council
specifically finds that the charging of less than fair market value Slip Fees for this use promotes
public recreation facilities and marine services to the physically and intellectually disabled public
and furthers the policies and objectives of the Tidelands Grant. Charging less than fair market
value slip fees for these uses allows for continued operation and improved accessibility to the
physically and intellectually disabled public. Thus, the charging of less than fair market value Slip
Fees for these uses of the Tidelands is a matter of state -wide concern that benefits the citizens
of the State of California. Pursuant to City Council Policy F- 7(E)(5), the City Council further finds
that the charging of less than fair market value Slip Fees promotes the goals of the City to
provide an essential or unique service to the community that might not otherwise be provided
were full market value of the property required.
(c) Payments shall be mailed to or made in person at the City's Finance Office at 100 Civic Center
Drive, P.O. Box 1768, Newport Beach, CA, 92658 or at any such other place as may from time to
time be designated by City in writing. The Slip Fee for the first full or partial calendar month of
the Term shall be paid to City by Vessel Owner concurrently with the execution of this
Agreement. All Slip Fees are payable in advance and all fees and charges are due by the first
(1") of the month and delinquent on the fifteenth (15`h) of the month. Upon not less than sixty
(60) days' prior written notice to Vessel Owner, City may alter, at any time, the amount of Slip
Fees, Late Fee, Returned Check Fees, and /or Key Deposit payable under this Agreement.
LATE PAYMENTS
Any Slip Fee or other sum due under this Agreement that is not paid to City when due shall be
charged ten percent (10 %) interest per month as a late fee, from the date due until fully paid ( "Late
Fee "). In addition, Vessel Owner acknowledges that such late payment will cause City to incur costs
not contemplated by this Agreement, the exact amount of which will be extremely difficult and
impracticable to ascertain. If an account is processed for collection or lien due to late payments, an
additional charge of thirty percent (30 %) of the amount due will be assessed against Vessel Owner. If
Vessel Owner does not pay the Slip Fee when due two (2) or more times during the term of this
Agreement, City may, at City's sole discretion, require Vessel Owner to enroll in City's Automatic
Payment Processing ( "APP ") program to ensure Vessel Owner's timely payment. If Vessel Owner
refuses to enroll in City's APP program, City may, at City's sole discretion, immediately terminate this
Agreement.
8. RETURNED CHECKS
A Twenty -Five Dollar and 00/100 ($25.00) fee will be assessed against Vessel Owner for the first (1")
returned check. Any additional returned checks in the same calendar year shall be assessed a Thirty -
Five Dollar and 00/100 ($35.00) fee (collectively, "Returned Check Fees').
9. KEY DEPOSIT
In addition to the Security Deposit, Vessel Owner shall also deliver to City, upon execution hereof, a Key
Deposit in the initial amount set forth in Section 3 above, which shall be held by City as security for the
key /access card to the Basin provided to Vessel Owner. The Key Deposit shall be refundable to Vessel
Owner when such access device is returned to City upon termination of this Agreement. The Key
Deposit shall be permanently retained by City in the event the access device is lost or damaged by
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