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SR-05-22-1979-11ESanta Monica, California May 17, 1979 TO: Mayor and City Council FROM: City Staff SUBJECT: Proposed Modifications to Lease between Richard Koch and the City of Santa Monica Introduction f /l 1 MAY 2 2 1979 This report concerns the proposed expansion of services as requested by Richard Koch dba Westwind Sailing School on the Santa Monica Pier, presents alternatives, and recon7nends that the City Council not approve Mr. Koch's proposal as presented. Background on May 8, 1979, the City Council heard a request from Mr. Koch proposing expansion of his lease and limitation of his liability. At that time the City Council referred the matter to Staff for negotiation to reconcile the differences and report back to the City Council. The following day the City Attorney's office began negotiations with Mr. Koch's attorney, Mr. R. W. Schubert. Four major points have not been resolved and negotiations are at an impasse: A. Liability limitation: Mr. Koch's request that the City assume liability for the use of his dock is not acceptable. The existing requirement is the same for every lessee on the Pier and protects the City from extensive litigation. Insurance known as 'Owners, Landlords and Tenants for Piers and Wharfs" in the amounts as required by the existing lease is available at approximately $ 1,000. per year with a AAAAA company. B. Mr. Koch has proposed to offer motorboat rides in addition to sailboat rides. Staff feels this would be a new business on the Pier and subject to public bid, consistent with past policy. Additionally Mr. Koch has not, as of this date, fully complied with the terms of his existing Contract # 3000 (CCS) (see attachment A.) MAY 2 2 1979 C. Mr. Koch has requested that the City Engineer be allowed to waive engineering specifications as set forth in his existing lease. City Staff developed these requirements after extensive discussion with Mr. Koch and his attorney during the negotiation of his existing lease. At that time it was necessary to develop engineering specifications with Mr. Koch because he would not reveal the actual design of the proposed float. Staff feels that the public safety is best served by the maintenance of these specifications. D. The City's participation in any maintenance of Pier lessees' operations is not a part of any Santa Monica Pier lease. Staff sees no reason to give Mr. Koch special consideration and by so doing place the City in the position of possibly assuming additional liability. Additionally, it would be very difficult to determine damage caused by public use of the float and the City's responsibility might soon extend to the entire float and gangplank. Alternatives 1. The City Council could recognize that Mr. Koch most likely will not meet the May 28, 1979 deadline for his float as set forth in Contract # 3000 (CCS) , as of that date cancel his lease as being in default and instruct Staff to open public bid for a new operator. 2. Withhold consideration of Mr. Koch's proposal until such time as he is in full compliance with the terms of his existing lease. 3. Accept those parts of Mr. Koch's proposal City Council feels appropriate and direct Staff to prepare an amended document for City Council consideration. 4. Accept the entire proposal as presented by Mr. Koch. Recommendation It is the recommendation of Staff that the City Council direct the City Manager to cancel the Westwind Sailing School Contract # 3000 as of midnight May 28, 1979, if the terms of this contract are not met by that time, and go to public bid for a new operator. If Mr. Koch is in compliance with his contract on May 28, 1979, it is recommended that Mr. Koch's proposals be reconsidered. Exhibit "A" Letter to Mr. Koch dated February 23, 1979 Exhibit "B" Mr. Koch's Proposal, May 4, 1979 prepared by: Gary Yano, Deputy City Attorney Peter Kipp, Facilities Business Manager Jeremy Ferris, Director, Entertainment Facilities LEEDS, ACKERMAN, WELTER & SCHUBERT ATTORNEYS AT LAW GERALD WELTER SUITE 1100 - TWO CENTURY PLAZA AREA CODE 213 LEE B. ACKERMAN 2049 CENTURY PARR EAST TELEPHONE 5$2 -9435 RICHARD W. SCHUBERT CRAIG B. LEEDS LOS ANGELES, CALIFORNIA 90067 May 4, 1979 TO: City of Santa Monica City Attorney's Office Atten: Gary Yano HAND DELIVERED Re: Proposed modifications to lease dated May 1, 1978, by and between Richard Koch and the City of Santa Monica Dear Mr. Yano: Enclosed for your review are Mr. Koch's proposed modifi- cations and changes to the existing lease dated May 1, 1978. As we have discussed previously, many, if not all, of the requested changes are needed if Mr. Koch is to be able to make the best and most productive use of the leased premises. The enclosed finalized lease modifi- cations embody all of the proposals which we have previously discussed and which were set forth in our proposal letter dated May 2, 1979. With respect to the insurance matters contained in the modifications, please be advised that I have communicated and discussed the proposed changes with Mr. Koch's insurance brokers and based upon those oral conversations they are satisfied with the proposed changes. I am, of course, today mailing to Mr. Koch's insurance brokers a copy of the enclosed. Again, I would like to thank you for your courtesy and cooperation in handling this matter. If you have any questions, please contact me immedicately. Sincerely yours, tIC RD W. SCHUBERT RWS /cf Encls. CC: Mr. Richard Koch City Manager's Office Mayor's Office MODIFICATION OF LEASE THIS SUPPLEMENTAL AGREEMENT made and entered into this day of , 1979, by and between the CITY OF SANTA MONICA, a chartered municipal corpora- tion of the State of California, hereinafter referred to as "Lessor ", and RICHARD KOCH, dba Westwind Sailing, hereinafter referred to as "Lessee ". WHEREAS, the parties hereto made and entered into a written lease, herein called "said lease ", on May 1, 1978; and WHEREAS, it is impossible for Lessee to obtain the insurance policy or policies as required by the said lease; and WHEREAS, among other things, it has become increasingly difficult for Lessee to operate his business as a result of changing physical characteristics of the Santa Monica Harbor. NOW, THEREFORE, the parties hereto agree that the said lease shall hereby be modified as follows: 1. SECTION 3 - PERMITTED USES: Section 3 - "Permitted Uses" of the said lease is hereby amended to read as follows: "Lessee shall not use, or permit the Premises, or any part thereof, to be used for any purpose or purposes, other than the purpose or purposes, and on the conditions, set forth in Exhibit "C" attached hereto and by this reference incor- porated herein. Any provision contained in this Lease, to the contrary notwithstanding, said Premises shall not be used for any purpose which shall interfere with commerce, navigation or fishery or be inconsistent with any trusts upon which the Premises are now or may hereafter be held by the Lessor. However, in the event that the surf line recedes westward to such an extent so as to render the Premises unsuitable for the Lessee's business operations, in lieu of termination of the Lease, the Lessee may propose an alternate use for the Premises, which such alternate use shall be subject to the Lessor's reasonable and good faith approval." 2. EXHIBIT "C" - PERMITTED USES: A. Exhibit "C" - "Permitted Uses" of the said lease shall be amended to read as follows: "l. Said Premises shall be used only for the purpose of operating or running a sailing school, sailing club, sailboat rental. charter and leasing operation, boat rides in both sail and motor powered boats, and a "UFO" ride (a converted offshore oilwell escape lifeboat).on an exclusive basis in Santa Monica Pier and Harbor Area and Lessee shall -2- not, without prior written consent of Lessor, sell or expose for sale, keep or allow to be kept in, or have therein any articles or merchandise of any description other than those hereinafter set forth, to wit: Those items and equipment normally found in a sailing school, sailing club, sailboat rental leasing and charter operation, or boat ride operation. 2. Further, Lessee shall be required to maintain, operate and have available for use, excluding normal maintenance and repair during all hours of business, not less than six (6) sailboats and /or motor powered boats and /or UFO's no later than July 1, 1979. 3. Provided further, that in the event that Lessee does not generate aggregate 'Gross Sales' (as that term is defined in Section 2.4 of the said Lease) in the amount of Sixty Thousand Dollars ($60,000.00) within two (2) years from the date hereof, then, and only then, the Lessor shall have -3- the option and right to request and require Lessee to discontinue all motor boat and /or 'UFO' rides. If the Lessor elects to exercise its option to require Lessee to discontinue the motor boat and /or 'UFO' rides, Lessor shall give Lessee thirty (30) days prior written notice thereof, and at the expiration of the said thirty (30) day period, Lessee shall discontinue the motor boat and /or 'UFO' rides. In determining Lessee's Gross Sales figure, for the purposes of this para- graph of this Exhibit "C ", Lessee shall be entitled to an adjustment from the Gross Sales requirement in the amount of $100.00 per day for days in which weather and sea conditions make it impractical or impossible for the Lessee's business to be conducted. For the purposes of this Agreement, the following weather and sea conditions shall constitute 'conditions which make it impractical or impossible for the Lessee's business to be conducted', and shall be hereinafter referred to as 'non- operating conditions': (a) Any day in which rain falls within the Santa Monica Pier and Harbor Area; (b) Any day in which a fog condition exists in the Santa Monica Pier and Harbor Area, -4- for more than two (2) hours after 10:00 A.M.; (c) Any day in which the temperature in the Santa Monica Pier and Harbor Area is below sixty (60) degrees after 10:00 A.M.; and (d) Any day in which winds in the Santa Monica Pier and Harbor Area are over fifteen (15) knots, or waves in the area are over two (2) feet, or swells or combined seas in the area are over three (3) feet for a duration of one (1) hour or more after 11:00 A.M. It shall be the responsibility of the Lessee or his agents to keep and maintain an accurate log of these conditions. When any of the foregoing conditions exist, the signature of the Lessee or his agent shall be considered a sworn statement that such condition(s) existed. In the event that any dispute arises between the parties as to the existence or non - existence of any of the fore- going conditions on any particular day, then the records and reports maintained by the National Weather Service shall be consulted, and the facts set forth in such records and reports shall be conclusive as to whether or not any of the foregoing conditions existed." 3. SECTION 2.5 - MAINTENANCE OF RECORDS: A. The last full sentence of Paragraph 2.5 is -5- deleted and in place thereof the following is substituted: "Furthermore, tickets for sailboat rides, motor boat rides, and 'UFO' rides shall be sold or otherwise issued in sequential numbers only, exclusive of any complimentary tickets." 4. EXHIBIT "D" - HOURS OF BUSINESS: A. Exhibit "D" of the said lease shall be amended to read as follows: "Lessee shall, unless 'non- operating' conditions exist (as that term is defined in Exhibit "C" of this Agreement), conduct and carry on Lessee's business on the Premises and shall keep said Premises open for business to be conducted thereon no less an amount than the hours and days set forth below: June 20 to Labor Day: Seven (7) days each week between the hours of 10:00 A.M. and one (1) hour prior to sunset. Labor Day to Halloween: Six (6) days each week between the hours of 11:00 A.M. and one (1) hour prior to sunset. November 1 to June 19: Saturday, Sunday and holidays of each week between the hours of 11:00 A.M. and one (1) hour prior to sunset, and for such other additional days and hours as Lessee determines in his sole discretion to be reasonable." 5. EXHIBIT "E" - IMPROVEMENTS BY LESSEE: A. The provisions of Exhibit "E" of the said lease shall hereby be modified as follows: 1. Notwithstanding any provision to the contrary in the said lease and the exhibits thereto, Lessee shall have ninety (90) days from the date of execution of this MODIFICATION OF LEASE AGREEMENT, to construct and install a new float and gangplank appurtenant to the Santa Monica Pier, as provided for in Paragraph 1 of Exhibit "E" of the said lease. 2. Notwithstanding any provision to the contrary contained in the said lease and the exhibits thereto, the City Director of General Services, or in his absence, his designated representative, may approve the plans and requirements for the improvements required by Exhibit "E" of the said lease without reference to the specifications and requirements (a -h) set forth at Exhibit "E" of the said lease, and the City Director of General Services, or his designated agent, may waive all or any of the specifications and requirements (a -h) set forth at Exhibit "E" of the said lease. 3. Paragraph A(1)(f) of Exhibit "E" of the said lease is hereby deleted, and in place thereof the following new subparagraph (f) to Paragraph A(1): "(f) Notwithstanding any provision con- tained in the said Lease to the contrary, including, but not by way of limitation, -7- Sections 7.1, 7.2, 7.3, and 7.4 of the said Lease, Lessor and Lessee agree that the cost and expense of maintenance of the said float mooring system, gangway and hoist shall be borne equally by the Lessee and Lessor." 4. Paragraph 3 of Exhibit "E" of the said lease is hereby amended to read as follows: "3. Subject to the provisions of Section 12.7 of this Amended Lease, Lessee shall hold harmless and indemnify Lessor, its officers, agents and employees from every claim or demand which may be made by reason of any injury to person or property sustained by any person, firm or corporation, caused by any act of neglect, default or omission of Lessee arising out of or incident to the performance of this Agreement. Lessee shall pay and satisfy any judgment that may be rendered against Lessee and Lessor, or both, as it pertains to this provision. Subject to the provisions of 12.7 of this Amended Lease, Lessor shall hold harmless and indemnify Lessee, its officers, agents and employees from every claim or demand which may be made by reason of any injury to person or property sustained by any person, firm or corporation, caused by any act of neglect, U default or omission of Lessor arising out of or incident to the performance of this Agreement. Lessor shall pay and satisfy any judgment that may be rendered against Lessor and Lessee as it pertains to this provision." 5. A new Paragraph 5 to Exhibit "E" is hereby added and shall read as follows: "5. The two seaward fingers of the dock, each being sixteen (16) feet long, shall be reserved for boats belonging to the general public. Boats longer than sixteen (16) feet in length may be permitted to load or unload passengers or gear only along the northerly face of the dock and shall be limited to no more than three (3) minutes use when Lessee's rides are in operation, or for such longer periods as in the discretion of Lessee shall be permitted. In no event, shall boats having a length in excess of thirty (30) feet or a gross weight in excess of fourteen thousand (14,000) pounds be allowed access to the dock. No commercial boats of any kind, excepting fishing boats less than thirty (30) feet in length, and less than fourteen thousand (14,000) pounds shall be permitted use of the dock. Life Guard and Harbor Department boats shall have unhindered use -9- of the northerly face of the dock in the event of emergencies. Except as provided for hereinabove, the remaining portions of the dock shall be for the exclusive use and benefit of Lessee." 6. A new Paragraph 6 to Exhibit "E" is hereby added and shall read as follows: "6. Notwithstanding any other pro- vision contained in the said lease to the contrary, and subject to the terms of Paragraph 5 of this Exhibit "E ", as amended, Lessor shall at all times have complete control over the general public's use of the float, gang- plank and related areas thereof, and shall have the authority over, and the responsibility for the general public's use of the float, gangplank and related areas thereof. Notwith- standing any contrary provisions contained in the said Lease or this Agreement, Lessor shall be liable for and responsible for all property damages and losses, of whatever type, resulting to the float, gangplank, or related areas thereof, or improvements thereon, arising out of, resulting from, or related or connected in any manner to the use of the float, gangplank and related areas thereof, and improvements thereon, by the general -10- public, exclusive of customers of Lessee. 6. INSURANCE, HOLD HARMLESS, AND LIABILITY: A. The said lease is hereby amended to include a new Section 12.7 which reads as follows: "12.7. Lessor and Lessee agree that in addition to and independently of all other provisions of the said Lease, including, but not by way of limitation, Sections 4, 12.1, 12.2, 12.5, and Paragraphs A(3) of Exhibit "E" of the said lease, that Lessee shall not be responsible for any damages, claims, liability or loss by reason of injury to person or property, from whatever cause, resulting from, arising out of, or related or connected in any manner to the use of the said Premises by the general public, exclusive of customers of Lessee. Lessor hereby covenants and agrees that it will and shall indemnify Lessee and save it harmless from any and all liability, loss, costs, or obligations including attorney's fees, on account of, or arising out of, any such injuries, or losses however occurring." 7. SECTION 4 - CONTROL OF ACCESS: A. Section 4 of the said lease is hereby amended to read as follows: "Lessor, at its option and in its sole discretion, may at any time control and -11- limit access to, in or about, the Santa Monica Pier and Harbor Area for the public health, safety, welfare, or for any reasonable public purpose. Subject to the provisions of Paragraph (6) of Exhibit "E ", of this Lease, as amended, Lessor shall not be liable or responsible for any damages arising therefrom to the Premises, buildings, structures, installations or improvements thereon, or any business or operation of Lessee. Lessee further agrees any such action by Lessor does not entitle Lessee to a proration of any rent and other sums due under this Lease, and Lessee will remain liable for the full amount of rent and other sums due, except as hereinafter provided in this Article. In the event that such control and limitation of access renders the Premises totally unusable for Lessee's purposes as herein limited for a period exceeding seventy - two (72) hours, then from said seventy- second (72nd) hour Lessee shall be entitled to a credit against the minimum annual rental payable of one three - hundred -sixty fifth (1/365) of said rental for each day from said seventy - second (72nd) hour that renders the Premises totally unusable for Lessee's purposes." -12- 8. SECTION 12.1 - EXCULPATORY CLAUSE AND INDEMNIFI- CATION OF LESSOR: A. Section 12.1 of the said lease is hereby amended to read as follows: "Subject to the provisions of Section 12.7 and Paragraph (6) of Exhibit "E ", of this Lease, as amended, this Lease is made on the express condition that Lessor is to be free from all liability or loss by reason of injury to person or property, from whatever cause, while in or on the Premises, or in any way connected with the Premises or with the improvements or the personal property therein or thereon including, but not by way of limitation, any liability for injury to the person or property of Lessee, his agents, officers, and employees. Lessee hereby covenants and agrees to, and shall, indemnify Lessor and save it harmless from any and all liability, loss, costs, or obligations on account of, or arising out of, any such injuries or losses however occurring." 9. SECTION 12.2 - WAIVER OF CLAIMS: A. Section 12.2 of the said lease is hereby amended to read as follows: "Subject to the provisions of Section 12.7 and Paragraph (6) of Exhibit "E ", of this Lease, -13- as amended, Lessee, as a material part of the consideration of this Lease, hereby waives all claims against Lessor for damages to goods, wares, merchandise, buildings, installations or other improvements in, upon, or about the Premises and for injuries to Lessee, his agents or employees, or persons in or about the Premises from any cause arising at any time, including, but not by way of limitation, damages, costs, and liability, of any kind or nature whatsoever, arising from the total or partial destruction, deterioration, or collapse of any pier in and about the Santa Monica Pier and Harbor Area. Lessee will hold Lessor exempt and harmless from any damages or injury to any person, or to the goods, wares, merchandise, watercraft, facilities, or other property of any person arising from the use of the Premises by Lessee or from the failure of Lessee to keep the Premises in good condition and repair, as herein provided, when such damage or injury shall be caused in part or in whole by the negligence or fault of, or omission of any duty with respect to the same by Lessee. Lessee further expressly waives all rights under Section 1542 of the Civil -14- Code of California as it now provides or may hereafter be amended. Section 1542 reads as follows: 'A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.'" 10. SECTION 12.5 - PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE. A. Section 12.5 of the said lease is hereby amended to read as follows: "Subject to the provisions of Section 12.7 and Paragraph (6) of Exhibit "E ", of this Lease, as amended, Lessee shall, at its own cost and expense, forthwith after the execution hereof, procure a policy or policies of All Risk Ocean Marine Protection and Indemnity Insurance with Hull Coverage. Such policy or policies shall be issued with per occurrence limits of not less than $300,000.00 Combined Single Limit, issued by insurers either approved in writing by Lessor or rated in Best's as 'Triple A' or better, whereof Lessor shall be the named or additionally named insured. The terms of I C said policies may be for such period as shall be designated by Lessee; provided, however, that within two (2) months prior to the expiration of such insurance terms, Lessee shall procure other policies of said insurance so that between the execution of this Lease and the commencement of the Lease Term, and throughout the entire Lease Term or any renewal thereof, or until the sonner termination hereof, Lessor shall always be a named additional insured under the policies of insurance in accordance with the foregoing. Certificate of said insurance, together with the receipts for the payment of premiums for the terms thereof, shall be delivered to Lessor within ten (10) days after the execution of this Lease, and, thereafter within thirty (30) days prior to the expiration of the term of each such policy. Said policies shall contain a non - cancellation- without - notice clause and shall provide that copies of all cancellation notices shall be sent to Lessor." In all other respects, said lease shall continue in full force and effect. This modification shall become effective on 1 79. Dated: Dated: APPROVED AS TO FORM M Richard L. Knickerbocker City Attorney -17- "Lessor" CITY OF SANTA MONICA A Municipal Corporation 51 City Manager "Lessee" RICHARD KOCH IN MANY 23, 1979 Mr. Richard Koch Westwind Sailing School 500 Santa Monica Pier Santa Monica, CA 90401 Dear Mr. Koch: M Thank you for your proposal regarding expansion of Wostwind Sailing School services by additionally proviaing motor boat rides in the harbor. while your proposal in in•orvotinqr and of possible benefit to pier and harbor users, I cannot approve such an expansion of service until you have fully complied with all' the requirements of your current Santa Monica Pier lease, contract No. 3000 (cco). The lease requirements that have not been fully COMPA&I with are as follows- 14) Exhibit "E"s Wossoo shall construct at his own cost and expense and install a new float and gang appurtenant to the Santa Monica Pier. This float shall to installed by April 30, 1979," Allowance for Wd weather and any "act of "God" over the past year would indicate an additional 28 days should be added to this deadline, redefin- ing it to be May 28, 1979. 2.) Exbibit/"C" Yormittod usest "Lessee shall be required to maintain, operate and have available for uoe excluding normal maintenance and repair Suring all hours of business not less than six sailboats no later than July 3, 1978. Six sailboats have not been maintained in the water as called for An the lease under exhibit "C" nor have you fulfilled this requirement as of this date, I ✓.) Exhibit "D" Of the lease, hours of busines�.', between November ISt to Memorial Day, hours of business will. 2- y ebrua Mr. Richard Koch �.r;y, 2.3, .10 9 be: "Six days each week between the hours of 11:00 a4m, and one hour- prior to sunset." you have not conducted and carried on business between these days six days a week as called for by the :Lease. When the approved float. has bC=.en installed in the harbor and is in operation on a regular basis, and items °C" and "D" have been complied with, the City will reconsider your expansion proposal." Until such time, plea,, be advised that any W ration of motor boat rides by you is in conflict wil.h the "permitted uses" section of your lease. very truly yours, Jeremy B. Ferris, C.F.E.- Director of Entertainment Facilities JBF:bf o.c. C. lent McClain, City Manager Donna Swink, Mayor Seymour Cohen, Mayor br.o tem John J.'Bambrick, Councilmember Christine Reed, Councill"ClFber Perry Scott, Councilmember Nathaniel Trives, Councilmember Piste' van Glen Stee'nhoven, Councilznember Dear Friends of the City of Santa Monica: MAY 2 2 1979 Mr. Mayor and the City Council: Here, at the Santa Monica Pier, beir}g aware that the needs of the Pier are on your agenda, for consideration; the boat owners and fishermen at the Pier, want to present to you the real need for a floating deck. The boats come in, and tie up to the floating deck, and make use of the ramp, a gradual climb to the top of the Pier; to get refreshments and food. Although this is important to the people on the Pier; the use of this deck is of emergency of marine accidents. The Life Guards used the floating deck for quick ascention to the top of thePier, for first aide, or ambulance service. There are two other approaches to reach the top of the Pier. One is the vertical ladder, at the boat hoist. This one is very dangerous for children and our women folks who are to enter the launched boats; for lack of the landing deck, which makes available, the easy descent by way of the ramp. We have been waiting for the new deck, now a year or so. There was one at the Pier all the time, until the storm last year, broke it up on the beach. The other approach is more uncertain for the sick and marine accidents victims. It is used by the large fishing boats, managed by the Tackle Shop on the Pier. The present small float now used by the Westwind Sailing is kept moored out away from the Pier. Generally he opens for business by noon, on weekends. Most of the weekdays he does not operate at all. There is not enough pedestrian traffic for sailing attraction. The float has always been tied to the Pier below the decending ramp., and operated by the Harbor Dept., 24 hrs a day, except on stormy days. It is a public launching on a public Pier maintained and operated by the City of Santa Monica. As it is now there is no emergency float landing, or one for the boat tenants to tie up to for Pier conveniences. Luke Benti di1�1'�?1F1D'� yI.P4'�S 6L6 Ad IT � L7 114 31id.'9 3?19A0 (1g,A1113'd c"( IT If , Lq r4 14, ov o 'e4 aK Here, at the Santa Monica Pier, being aware that the needs Pier are on your agenda, for consideration; the boat owners and fishermen at of the for a floating deck- PThe� want to present to you the real deck, and make boats come in, and tie need the Pier- use of the ramp a gradual climb top to the floating to get refreshments and food. the top of Although this is important to the people on the Pier the use of this deck is of emergency of marine accidents. thePierused the floating deck for quick ascention to the top of The Life for first aide, or ambulance service. There are two Other approaches to reach .the top of the Pier. One is the vertical ladder, at the boat hoist. This one is very dangerous for and our women folks who are to enter the launched boats; Of the landing hildren wa of g deck, which makes available for lack by Y the ramp. We have been waiting he easy descent a Year or so. There was one at the Pier all the time, until .storm last now a year, broke it up on the beach. until the The other approach is more uncertain for the sick and marine accidents victims- It is used by the large fishing boats, managed by the Tackle Shop on the Pier. The present small float now used by the Westwind Sailing is kept moored out away from the Pier. Generally he opens for business by noon, on weekends. Most of the weekdays he does not operate at all. There is not enough pedestrian traffic for sailing attraction. The float has always been tied to the Pier below the decending ramp., and operated by the Harbor Dept. on stormy days. , 24 hrs a day, except it is a Public launching on a public Pier maintained and o by the city of Santa Monica. As Public is now there is no float landing, erated g or one for the boat tenants emergency conveniences. to tie up to for Pier Luke Benti •AIIVI IVIMOW VINVS 112131) ,1110 31-11.0 3314:0 01AI303`d MAY 2 2 1979 M Agenda Item 11 -E: Presented at this time was a report regarding modifications to the lease between Richard Koch dba Westwind Sailing School on Santa Monica Pier and the City of Santa Monica. Richard Koch, lessee, requested lease modifications to permit expanded operations at Westwind Sailing School and limitation of liability in regard to dock use. The following persons spoke in favor of expanded operations at Westwind Sailing School: Marina Bukowski, Frances Smith, Erik Hessen, Sharyn Marks, Cheryl Rhoden and Alison D.S.L. Arnold. The following persons requested that the lessee provide a float at the Pier pursuant to the existing lease: Willis Yoder and Jay Felker. Following discussion, Counc ilmember Jennin s moved that the deadline for installation of the loat require un er Contract No. 3000 with lessee Richard Koch not ex- pire May 28, 1979, but be extended for 60 days. Second by Council - member Swink. Following discussion, Councilmember Jennin 4s withdrew the motion with the consent of the secon an move that t e Float clause containe in Contract 3000 CCS be severa le so that lessee Richard Koch is not in default of his lease if the float is not installed by May 28, 1979 and to authorize the City Manager to prepare specifications and obtain bids for a float to be built at Santa Monica Pier by the City. 'Second by Councilmember Swink. The motion was approved by the following vote: Council Vote: Affirmative: Councilmembers Bambrick, Jennings, Scott, Swink, and Yannatta. Negative: Mayor. Pro Tempore Reed Absent: Mayor van den Steenhoven City Council Meeting May 22, 1979