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Agmt 2014 California Division of Boating and Waterways
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Agmt 2014 California Division of Boating and Waterways
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4/24/2014 10:02:49 AM
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3/12/2014 9:38:34 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
1/15/2014
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PERM
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Reso 2014-020
(Approved by)
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\City Clerk\City Council\Resolutions\2014
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San Leandro Marina <br /> Lien Procedures <br /> 1. Review aging report from Finance for all accounts 60 days delinquent. Send 60 day <br /> letter (ex 1) <br /> 2. Review aging report from Finance for all accounts 90 days delinquent. Send 90 day <br /> letter(Ex 2) <br /> 3. If payment not received within 14 days of 90 day letter, turn off berther keys. <br /> Complete lien request form(ex 3) and make 3 copies for 1) Current lien file, 2) <br /> Berther File, 3) Marine Lien service. Write a note on berther file and add cost of <br /> current lien fee. Fee is put on pink change sheet and given to Admin Assistant to be <br /> billed to tenant. Note to turn off keys (Do not turn off keys if LAB must gig e 31) <br /> days' notice revoking lab status. Turn off keys after 30 days. (2a) Admin Asst will <br /> prepare Eden memo to charge berther cost of current for lien fee. <br /> 4. Fax completed lien request form to Marine Lien Service for processing(procedure <br /> per the California Harbors and Navigation Code). (ex 4) <br /> 5. DMV will send authorization to conduct a lien sale (ex 5) or the owner may file an <br /> opposition to the lien. If opposed the City will then have to go to small claims court <br /> to get a judgment(ex 6) <br /> 6. The Marina Lien Service will then contact Marina staff to set a date for a public lien <br /> sale. The lien service will advertise the sale in the newspapers. The Marina staff will <br /> contact the interested parties on the lien sale mailing list (ex 7) <br /> 7. On the day of the auction the Marina staff will conduct the auction. The vessels <br /> should be ready for inspection 1 hour prior to the auction. (ex 7a) The auction price <br /> should start at the debt owed if the vessel is worth the amount. If the selling price is <br /> more than debt, include berther fees, all labor to sell boat and if boat had to be <br /> pumped out. The remaining money is sent to DMV. If a sale occurs the purchaser <br /> must fill out the promissory Note (ex 8)with a 30%of the purchase price deposit. <br /> The balance due in 10 days after the sale. The previous owner has a redemption <br /> period of 10 days after the sale to redeem the vessel by paying all amounts owed. <br /> After the 10 day redemption period the new owner has 5 days to remove the vessel <br /> from the Marina unless the new owner can meet the San Leandro Berther <br /> requirements. <br /> Vessel Destruction <br /> After the auction, the boats that are remaining are property of the San Leandro Marina and will <br /> be kept for 10 days. After the 10 day period the boat will be scheduled to be destroyed. The first <br /> step is to get a quote from a reliable dive and salvage service (ex 9). The quote shall include <br /> disposal of any hazardous waste. The boat will be towed to the public launch ramp and placed <br /> on a trailer for removal. Marina staff is responsible to take photos of vessel and submit with <br /> documents for reimbursement. It is the City's responsibility for the disposal of the vessel. When <br /> the diver has been chosen a date to tow the vessel will be set, the Marina staff makes all the <br /> arrangements with Waste Management on Davis St for disposal (unless it is included in the <br /> quote). The transfer station must supply a weight sheet and a certificate of destruction. If the <br /> boat is towed to another site, Marina staff will go to that site and take pictures of disposal. <br /> After the disposal is complete the following forms need to be completed by the Marina Staff or <br /> contractor and San Leandro will be sent a copy. <br />
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