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<br />..5..!J6- / <br /> <br /> <br />December 5, 2005 <br /> <br />Subject <br />Revocable Permit - Redwood Creek Property <br /> <br />Recommendation <br />Approve proposed Revocable Permit. <br /> <br />Background <br />Mr. Fred Earnhardt, Jr. dba Docktown Marina ("Docktown Marina") has been operating a <br />marina at the area known as "Docktown" and located along Redwood Creek, in Redwood <br />City, for twenty (20) years pursuant to a Revocable Permit (a rental agreement which, by its <br />terms, may be terminated by either party upon a thirty-day written notice) from the City of <br />Redwood City to Wells Fargo Bank (Fred Earnhardt, Jr.'s predecessor in interest, <br />Revocable Permit dated September 26, 1983) and a lease agreement from Mr. Salaman <br />(the "Lease"). Docktown Marina occupies the land adjacent to Redwood Creek pursuant to <br />the Lease. The Lease expires in 2007. Docktown Marina occupies the submerged area of <br />Redwood Creek pursuant to the Revocable Permit. The marina consists of approximately <br />120 berths. The area described in the Revocable Permit is an area of Redwood Creek <br />which was granted to the City pursuant to a Grant (the "Grant") from the State Lands <br />Commission in 1954. <br /> <br />The Grant provides in part that the submerged land is to be used for the establishment and <br />conduct of a harbor, and for the construction of facilities necessary or convenient for the <br />promotion and accommodation of commerce and navigation by water. <br /> <br />The Revocable Permit under which Docktown Marina occupies the submerged land recites <br />in part that the submerged land may be used for the purpose of conducting a commercial <br />small boat marina business, including the right to maintain facilities necessary or <br />convenient for the berthing and servicing of boats, including the operation of a sailing <br />school, a yacht sales and brokerage business, and no other purpose. <br /> <br />The location of the submerged land has been an issue of contention between Docktown <br />Marina and the City. The City Engineer has reviewed the legal description attached to the <br />Revocable Permit and determined that the legal description should be revised to rectify the <br />error which exists in the legal description attached to the Revocable Permit. The revised <br />description and a Plot Map are attached hereto and marked Exhibits 1 and 2, respectively. <br /> <br />Atty/B&11 Agenda.Docktown <br />113005 <br />