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
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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
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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,
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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,
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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
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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
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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
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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,
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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
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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
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"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
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If ,
Lq
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14,
ov
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'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