Agmt 2014 California Division of Boating and Waterways

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San Leandro Marina Lien Procedures 1. Review aging report from Finance for all accounts 60 days delinquent. Send 60 day letter (ex 1) 2. Review aging report from Finance for all accounts 90 days delinquent. Send 90 day letter(Ex 2) 3. If payment not received within 14 days of 90 day letter, turn off berther keys. Complete lien request form(ex 3) and make 3 copies for 1) Current lien file, 2) Berther File, 3) Marine Lien service. Write a note on berther file and add cost of current lien fee. Fee is put on pink change sheet and given to Admin Assistant to be billed to tenant. Note to turn off keys (Do not turn off keys if LAB must gig e 31) days' notice revoking lab status. Turn off keys after 30 days. (2a) Admin Asst will prepare Eden memo to charge berther cost of current for lien fee. 4. Fax completed lien request form to Marine Lien Service for processing(procedure per the California Harbors and Navigation Code). (ex 4) 5. DMV will send authorization to conduct a lien sale (ex 5) or the owner may file an opposition to the lien. If opposed the City will then have to go to small claims court to get a judgment(ex 6) 6. The Marina Lien Service will then contact Marina staff to set a date for a public lien sale. The lien service will advertise the sale in the newspapers. The Marina staff will contact the interested parties on the lien sale mailing list (ex 7) 7. On the day of the auction the Marina staff will conduct the auction. The vessels should be ready for inspection 1 hour prior to the auction. (ex 7a) The auction price should start at the debt owed if the vessel is worth the amount. If the selling price is more than debt, include berther fees, all labor to sell boat and if boat had to be pumped out. The remaining money is sent to DMV. If a sale occurs the purchaser must fill out the promissory Note (ex 8)with a 30%of the purchase price deposit. The balance due in 10 days after the sale. The previous owner has a redemption period of 10 days after the sale to redeem the vessel by paying all amounts owed. After the 10 day redemption period the new owner has 5 days to remove the vessel from the Marina unless the new owner can meet the San Leandro Berther requirements. Vessel Destruction After the auction, the boats that are remaining are property of the San Leandro Marina and will be kept for 10 days. After the 10 day period the boat will be scheduled to be destroyed. The first step is to get a quote from a reliable dive and salvage service (ex 9). The quote shall include disposal of any hazardous waste. The boat will be towed to the public launch ramp and placed on a trailer for removal. Marina staff is responsible to take photos of vessel and submit with documents for reimbursement. It is the City's responsibility for the disposal of the vessel. When the diver has been chosen a date to tow the vessel will be set, the Marina staff makes all the arrangements with Waste Management on Davis St for disposal (unless it is included in the quote). The transfer station must supply a weight sheet and a certificate of destruction. If the boat is towed to another site, Marina staff will go to that site and take pictures of disposal. After the disposal is complete the following forms need to be completed by the Marina Staff or contractor and San Leandro will be sent a copy.