RESOLUTION NO. _____
Resolution Of The City Council Of The City Of Emeryville Approving Second Amended And Restated Sport Fishing Concessions Agreement Between The City Of Emeryville And Andrew Guiliano D/B/A Fishemeryville Inc.
WHEREAS, the City of Emeryville owns a marina, which consists of certain real property and improvements, commonly referred to as the “Marina”; and WHEREAS, in 2008, the City entered into a Second Amended and Restated Agreement of Ground Lease (“Ground Lease”) with Emeryville Marina, LLC, which has been subsequently amended, and assigned to Safe Harbor Marinas Emeryville, LLC; and WHEREAS, since 1988, the City has had a third party operate a sport fishing concession at the Marina in which the third party scheduled fishing trips for the sport fishing boat operators at the Marina and remitted business tax from the sport fishing boat operators to the City, along with other services; and WHEREAS, on March 20, 2018, the City Council adopted Resolution 18-30 approving the Amended and Restated Sport Fishing Concessions Agreement with Mr. Andrew Guiliano; and WHEREAS, on October 25, 2019, the City entered into the Amended and Restated Sport Fishing Concessions Agreement with Mr. Guiliano; and WHEREAS, the City desires to continue to have a third party operate a sport fishing concession at the Marina, subject to the Ground Lease at the Marina; and WHEREAS, the City and Andrew Guiliano d/b/a FishEmeryville Inc. desire to amend and restate their existing agreement; and therefore be it RESOLVED, the City Council of the City of Emeryville approves the Second Amended and Restated Sport Fishing Concessions Agreement with Andrew Guiliano d/b/a FishEmeryville Inc. and authorizes the City Manager to execute the agreement, attached hereto as Exhibit A, on behalf of the City.
ADOPTED, by the City Council of the City of Emeryville at a regular meeting held Wednesday, July 5, 2023, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
MAYOR
ATTEST:
APPROVED AS TO FORM:
CITY CLERK
SPECIAL COUNSEL
ATTACHMENTS
Exhibit A – Second Amended and Restated Sport Fishing Concessions Agreement Resolution No.
Second Amended and Restated Sport Fishing Concessions Agreement City Council Meeting | July 5, 2023