HomeMy WebLinkAboutC-4569 - Cooperative Agreement for Mooring Management Services in Newport HarborAMENDMENT NO. 1 TO COOPERATIVE AGREEMENT BETWEEN
COUNTY OF ORANGE AND CITY OF NEWPORT BEACH
FOR MOORING MANAGEMENT SERVICES
IN NEWPORT HARBOR
THIS AMENDMENT NO. 1 TO COOPERATIVE AGREEMENT ("Amendment
No. 1") is made and entered into as of this first day of July, 2015 ("Effective Date"), by
U and between the County of Orange, a political subdivision of the State of California
(hereinafter "County') and the City of Newport Beach, a California municipal corporation
and charter city (hereinafter "City'). The County and City may individually be referred to
herein as a 'Party" or collectively as the 'Parties."
WITNESSETH:
WHEREAS, by Agreement No. OCP10-010, dated June 29, 2010 ("Agreement'),
County and City entered into a cooperative agreement for Mooring Management
Services in Newport Harbor and to work cooperatively to identify service enhancements
and efficiencies in the management of moorings in Newport Harbor ("Services");
WHEREAS, City desires to enter into this Amendment No. 1 to extend the term
of the Agreement to December 31, 2015 and to increase the total compensation as a
result;
WHEREAS, County and City agree to amend "Article 2: Term" to reflect the term
extension; and
WHEREAS, County and City agree to amend the "Article 6: Compensation" to
reflect an increase in compensation;
NOW, THEREFORE, it is mutually understood and agreed by County and City
that Agreement No. OCP10-010 is hereby amended in the following particulars only:
1. ARTICLE 2. TERM of the Agreement, the first sentence is amended with the
following to extend the termination date, in accordance with the language set
forth therein: 'This Agreement is hereby renewed in full force and effect for a
renewal term of six (6) months, from July 1, 2015 through and including
December 31, 2015."
2. ARTICLE 6: COMPENSATION of the Agreement is amended with the
following to reflect additional compensation as a result of the term extension:
"City shall pay to County One Hundred Fifty Eight Thousand Fifty Dollars
and 00/100 ($158,050.00) for the Mooring Management Services provided
from July 1, 2015 through and including December 31, 2015. County shall
invoice City one-sixth of the applicable Mooring Management costs on a
monthly basis. Invoices shall be issued on or before the first day of each
service month. The payment due date shall be thirty (30) days after the
beginning of each service month. The compensation amount does not include
special analysis of mooring information that City may request of County.
Additional costs for such analysis of mooring information may be approved by
the Parties' Project managers (as defined in Section 7), and do not require an
amendment to this Agreement, up to Three Thousand Dollars and no/100
($3,000.00)."
3. INTEGRATED CONTRACT: Except as expressly modified herein, all other
provisions, terms, and covenants set forth in the Agreement shall remain
unchanged and shall be in full force and effect.
This Amendment No. 1 shall be made effective upon execution by both parties.
IN WITNESS WHEREOF, the Parties hereto have caused this Amendment No. 1
to Agreement No. OCP10-010 to be executed on the dates written below.
CITY OF NEWPORT BEACH,
a California Tunicipal corporation
Date:
By: L
Edw rd D. Selich
Mayor
ATTEST: �I
Date:
By: aa�,
Leilani I. Brown
City Clerk
APPROVED AS TO FORM
CITY ATTORNEY'S OFFICE
Date:
By:
Aaron C. Harry� 'CA A OU IioI ir
City Attorney
COUNTY
APPROVED AS TO FORM:
OFFICE OF COUNTY COUNSEL
0
Deputy County Counsel
Date �/g/ S'
SIGNED AND CERTIFIED THAT A
COPY OF THIS DOCUMENT HAS
BEEN DELIVERED TO THE CLERK OF
THE BOARD PER G.C. SEC. 25103,
RESOLUTION 79-1535
COUNTY
T
Attest: COUNTY
.Robin Stieler, Interim Clerk of the Chair, Boa fd of Supervisors
Board of Supervisors I/
Orange County, California
Agreement No, OCP10-010
Newport Harbor
(Mooring Management)
COOPERATIVE AGREEMENT BETWEEN
COUNTY OF ORANGE AND CITY OF NEWPORT BEACH
FOR MOORING MANAGEMENT SERVICES
IN NEWPORT HARBOR
THIS COOPERATIVE AGREEMENT ("Agreement"), dated 927 2010, is entered
into by and between the County of Orange, a political subdivision of the State of California
(hereinafter "County") and the City of Newport Beach, a California municipal corporation
(hereinafter "City"). The County and City may individually be referred to herein as a "Party" or
collectively as the "Parties."
RECITALS
WHEREAS, since the early 1980's, City and County have entered into a series of
agreements ("Joint Powers Agreements") for Mooring Administration in Newport Harbor, and
WHEREAS, the purpose of these agreements was to establish and define the
obligations of City and County in conjunction with the anchorage and mooring of vessels on City
and County tidelands in Newport Harbor (`Mooring Management Services' or "Services"); and
WHEREAS, the most recent of these agreements, Agreement No. D89-035 entitled Joint
Powers Agreement expired December 31, 2008; and
WHEREAS, the Joint Powers Agreement has continued on a month-to-month holdover
basis since Its expiration; and
WHEREAS, City issued a Request for Proposals ("RFP") in October 2009 to seek the
most cost effective and efficient Mooring Management Services, for which County responded
with an offer to enter a Joint Powers Agreement; and
WHEREAS, it is in the mutual interest of City and County to continue to work
cooperatively on the management of moorings on City and County tidelands in Newport Harbor,
and
WHEREAS, City and County both desire to continue to work_ cooperatively to identify
service enhancements and efficiencies in the management of moorings in Newport Harbor;
NOW, THEREFORE, in consideration of the mutual and respective promises, and
subject to the terms and conditions hereinafter set forth, the Parties agree as follows:
1. PRIOR AGREEMENTS
City and County acknowledge that this Agreement replaces and supplants earlier
agreements between the Parties related to mooring administration, including that certain
Agreement No. D89-035 dated February 21, 1989, as amended, entitled Joint Powers
Agreement.
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2. TERM
This Agreement shall remain in force and effect for five (5) years, commencing July 1,
2010 and ending June 30, 2015. This Agreement may be renewed for up to twenty (20)
years, for periods of no more than five (5) years each, by mutual written agreement of
the Parties. When considering renewal, the Parties agree to evaluate the Scope of
Services, cost of providing services and any changes in mooring management that may
be desired. If both Parties desire to renew this Agreement, they agree to begin review of
the Scope of Services and Compensation one (1) year prior to the expiration date.
3. MOORING MANAGEMENT SERVICES
County, through its Sheriffs Department, shall perform Mooring Management Services
as outlined in Exhibit A Scope of Services, attached hereto and by reference made a
part hereof. In addition to the Services identified in Exhibit A, City and County agree to
work cooperatively to identify service enhancements and efficiencies in the management
of moorings in Newport Harbor, The Parties acknowledge that City is revising its
mooring transfer regulations, and the Parties agree to work together to develop a system
to implement the new regulations. Any adjustment to compensation resulting from
changes to mooring transfer regulations shall require an amendment to this Agreement.
4. FEES FOR ANNUAL MOORING PERMITS
A. Establishment of Mooring Permit Fees. City shall establish Mooring Permit
Fees for moorings over City and County tidelands in Newport Harbor in accordance with
Title 17 of the Newport Beach Municipal Code.
B. Collection of Mooring Permit Fees. City shall collect all Mooring Permit Fees
for moorings over City and County tidelands in Newport Harbor. County shall be
responsible for collecting delinquent annual Mooring Permit Fees over County tidelands,
which fees are more than ninety (90) days in arrears.
C. Disbursement of Mooring Permit Fees. City shall remit to County one
hundred percent (100%) of the Mooring Permit Fees collected by City for moorings over
County tidelands annually on or before March 31 of each year during the term hereof.
5. FEES FOR GUEST MOORINGS
A. Establishment of Guest Mooring Fees. County shall establish fees for
transient guest use of moorings over County tidelands in Newport Harbor as part of the
OC Parks Fee Schedule. County shall recommend fees for transient guest use of
moorings over City Tidelands in Newport Harbor as part of the OC Parks Fes Schedule.
City shall adopt fees for transient guest use of moorings over City Tidelands and include
such fees in its adopted fee schedule.
B. Collection of Guest Mooring Fees. County shall collect all Guest Mooring
Fees for moorings over City and County tidelands in Newport Harbor in accordance with
County payment policies as identified in the County of Orange Accounting Manual.
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C. Disbursement of Guest Moorinq Fees. County shall remit to City one hundred
percent (100%) of the Guest Mooring Fees collected by County for moorings over City
Tidelands quarterly in arrears, on or before the end of the month following each quarter
during the term hereof. However, County may deduct actual fees charged to County for
payment via credit cards from card issuers.
6. COMPENSATION
City shall pay County annually, July through June, in accordance with the following cost
schedule. County shall invoice the City one -twelfth (1/12) of the applicable Mooring
Management costs on a monthly basis. Invoices shall be issued on or before the first
day of each service month. The payment due date shall be thirty (30) days after the
beginning of each service month.
Fiscal Year Cost
FY 2010-11 $180,000
FY 2011-12 $207,500
FY 2012-13 $235,000
FY 2013-14 $262,500
FY 2014-15 $290,000
The compensation amounts above do not include special analysis of mooring
information that City may request of County. Additional costs for such analysis may be
approved by the Parties' Project Managers (as defined in Section 7), and do not require
an amendment to this Agreement, up to Three Thousand Dollars and no/100
($3,000.00).
7. PROJECT MANAGERS
City and County shall designate Project Managers, who shall coordinate all services
provided under this Agreement and shall have the authority to act for City and County
under this Agreement. City designates its Harbor Resources Manager as its Project
Manager ("City Project Manager"), and County designates its Sheriffs Department
Marine Operations Bureau Commander as its Project Manager ("County Project
Manager').
8. INDEMNIFICATION
A. County. Neither City nor any officer or employee thereof shall be responsible
for any damage or liability occurring by reason of anything done or omitted to be done by
County under or in connection with any work or activity under this Agreement. It is
understood and agreed that, pursuant to Government Code Section 895.4, County shall
fully indemnify and hold City harmless from any liability arising out of the performance of
the Agreement or injury of such nature that it would be actionable if inflicted by a private
person, (as defined by Government Code Section 810.8) occurring by reason of
anything done or omitted to be done by County under or in connection with any work or
activity under this Agreement.
B. CCS. Neither County nor any officer or employee thereof shall be responsible
for any damage or liability occurring by reason of anything done or omitted to be done by
City under or in connection with any work or activity under this Agreement. It is
understood and agreed that, pursuant to Government Code Section 895.4, City shall
fully indemnify and hold County harmless from any liability arising out of the performance
of the agreement or injury of such nature that it would be actionable if inflicted by a
private person (as defined by Government Code Section 810.8) occurring by reason of
anything done or omitted to be done by City under or in connection with any work or
activity under this Agreement
9. AMENDMENTS
This Agreement is the sole and only agreement between the Parties regarding the
subject matter hereof, and other agreements on this subject matter either oral or written
are void. Any amendments to this Agreement shall be in writing and shall be properly
executed by both Parties and approved as to form by County's County Counsel and
City's City Attorney.
10. TERMINATION
Either Party may terminate this Agreement by notifying the other Party in writing not less
than ninety (90) days prior to the desired date of termination. The Parties agree that any
termination of this Agreement should be effective on the last day of any fiscal year,
unless extenuating circumstances require a different date. Should termination of this
Agreement occur at any date other than the last day of a fiscal year, the Parties agree
that each Party shall remit to the other all fees and payments as provided in Paragraphs
4, 5 and 6, prorated for that portion of the year in which the Agreement remained in
effect.
11. NOTICES
Notices and correspondence in connection with this Agreement shall be addressed as
set forth below or as either Party may hereinafter designate by written notice to the
other. All notices, demands, requests or approvals to be given under this Agreement
must be given in writing and will be deemed served when delivered personally or on the
second business day after the deposit thereof in the United States mail, postage
prepaid, registered or certified, addressed as hereinafter provided.
To County: County of Orange
OC Parks
13042 Old Myford Road
Irvine, CA 92602-2304
Attn: Director OC Parks
With a copy to:
Orange County Sheriffs Department
Marine Operations Bureau
Attn: Lieutenant
1901 Bayside Drive
Corona Del Mar, CA 92625
To City: City of Newport Beach
Attn: City Manager
3300 Newport Boulevard
P.O. Box 1768
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12. SEVERABILITY
Newport Beach, CA 92658
With a copy to:
City of Newport Beach
Attn: Harbor Resources Manager
829 Harbor Island Dr.
Newport Beach, CA 92660
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If any portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable
by a court of competent jurisdiction, the remaining provisions of this Agreement shall
continue in full force and effect.
13. ATTORNEY'S FEES
If any legal action is necessary to enforce any provision of this Agreement or for
damages by reason for an alleged breach of any provisions of this Agreement, the
Parties agree that attorney's fees shall not be recoverable by the prevailing party.
14. COUNTERPARTS
This Agreement may be signed in counterparts, each of which shall constitute an
original.
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement the date
and year first above written.
APPROVED AS TO FORM
OFFICE OF THE CITY ATTORNEY
avid Hunt
City Attorney
For the City of Newport Beach
Attest:
O(44 ,
City Clerk
Signed and certified that a copy of this
document has been delivered to the
Chair of the Board per G.C. Sec. 25103,
Resolution 79-1535
Atte
Darlene J. Bloom
Clerk of the Board of Supervisors
Orange County, California
APPROVED AS TO FORM:
County Counsel
Orange County, California
Attachments: Exhibit A: Scope of Services
City of Newport Beach, a California
municipal corporation
By:
Y
Keith Curry
Mayor
County
County of Orange, a political subdivision of
the State of California
By:
Chair f the Board of Su ery ors
C,OVNTy e
•
C
°kNIA ao
L
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Exhibit A
Scope of Services
A. Facilities and Equipment
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1. Utilize Harbor Patrol's office located at 1901 Bayside Drive, Newport Beach, 92625.
2. Provide sufficient signage at Harbor Patrol's dock identifying it as a temporary public
side tie for mooring rental check in.
3. Provide at least one vessel for mooring administration duties.
4. Provide auction location at Harbor Patrol's facility.
5. Maintain an impound area for abandoned, found, and impounded vessels including, but
not limited to, Harbor Patrol facility and available City and County moorings.
B. Staffing
1. Provide sufficient qualified and trained office staff 2417 to provide administration and
guest mooring check in.
2. Provide sufficient qualified field staff 24/7 for on -the -water public services including but
not limited to on -the -water inspection, administration, and guest mooring check-in.
Required services may vary seasonally.
C. Administration
1. Document current mooring locations and coordinate with City staff to record locations.
Create a visual mooring field mapping system.
2. Maintain mooring and permittee information, including information on the availability of
moorings for transient guest rental, in a management database and establish a mailing
system for inspections and auctions. Make information available to City electronically, to
the extent allowed by County's computer protocols, or in other format if data cannot be
provided electronically. If County is unable to provide City with data in a form that City
can use for analysis, City may request that County perform the analysis, which may
result in extra costs to City.
3. Provide the City with updated billing information.
4. Maximize transient rental revenue and use by providing public access to available
vacant moorings for guest use in accordance with established rules and procedures and
Newport Beach Municipal Code ("NBMC") Title 17. Assist transient renters with safe
vessel mooring as needed.
5. Assist City in the location of current owners of abandoned/found vessels on moorings. If
vessel owner is not located, assist City with subsequent auction by processing lien sales
and providing access to County approved contractors for the disposal of vessels not sold
during lien sales. City shall be responsible for disposal fees.
6. Develop a Letter of Permission procedure for temporary mooring usage by a third party.
D. Enforcement of Codes, Rules and Procedures
Enforce all provisions of NBMC Title 17 as they relate to moorings over City tidelands,
as they may be amended from time to time, including issuing Notices of Violation with
timelines for correction, issuing City Administrative Citations as designee of City's
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Harbor Resources Manager and communicating with City regarding City issuance of
Administrative Citations.
2. Conduct investigation of code violations and recommend mooring permit revocation to
the Harbor Resources Manager when code compliance cannot be achieved with Notices
of Violation and Citations. Assist City in the processing of permit revocations by
participating in any appeal hearings, and impounding vessels and assisting with lien sale
if vessels are not removed by permittees.
3. Implement mooring transfers per applicable sections of the Municipal Code and
established local procedures and forms.
4. Manage the mooring area permits issued to the Yacht Clubs per the requirements of the
Municipal Code.
5. Assist City in identifying violations of live -aboard provisions.
6. Ensure that the rules and procedures issued by the City's Harbor Resources Manager
(Attachment 1), as may be amended from time to time, are followed.
7. Report water quality violations to City and/or appropriate agency.
8. Enforce all provisions of Division 2 of Title 2 of the Orange County Codified Ordinances
("Harbor") and the "Marine" section of the Orange County Parks Fee Schedule adopted
by resolution of the Orange County Board of Supervisors as those provisions relate to
moorings over both City and County Tidelands.
E. Inspections
1. Establish routine weekly inspection services to properly monitor mooring equipment and
mooring availability per the attached mooring regulations and specifications.
2. Maintain the mailing list and timing for mooring inspections and overhauls which occur
every two years. Ensure these inspections and overhauls are completed. Provide
written notification of permittee's failure to comply with inspection and overhaul
requirements.
3. Provide weekly inspection services of the vessels on the moorings as to their
compliance with seaworthiness, operability and nuisance requirements.
4. Provide weekly inspection of all on -shore moorings throughout the harbor including West
Newport (Newport Island area). Identify grounded and derelict vessels registered to on-
shore moorings.
5. Establish a procedure for vessel holding tank (dye tablet) and y -valve closure inspection
for guest mooring renters who may rent on a short or long term basis (greater than thirty
(30) days).
6. Continue the cooperative approach to dealing with the sea lion issues throughout the
year, primarily between May to October. This includes communicating with the City's
Harbor Resources Division as to which vessels have sea lion use, as well as assisting
the City with advisory calls to mooring permittees whose vessels have sea lion use.
Upon request of the Harbor Resources Manager or for vessels at risk from sea lion use,
take immediate action including use of water cannon, relocation of vessel, etc., as
appropriate.
F. Services to Mooring Permittees
1. Provide towing services associated with impound, storage and hazardous material
mitigation issues.
2. Provide information related to safe and proper mooring position to the local mooring
service contractors.
3. Provide emergency response to the mooring fields to mitigate dangerous situations in
inclement weather.
4. Weather permitting, provide call -ahead service for returning permittees to meet them at
their mooring if it has been rented to a transient guest.
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Attachment 1
Mooring Regulations
June 2010
1. All mooring permittees must provide up-to-date telephone numbers and addresses
to the Harbor Patrol.
2. If a mooring is unoccupied, it may be temporarily assigned as a mooring for guest
vessels by the Marine Operations Bureau Commander.
3. Vessels on moorings must be registered to the mooring permittee and assigned to
the mooring permit by the Marine Operations Bureau Commander.
4. It is illegal to rent a mooring to anyone. Mooring permittees may loan their moorings
to another party only with a letter of permission, submitted prior to the loan vessel
going on the mooring, and approved by the Marine Operations Bureau Commander
per Newport Beach Municipal Code Section 17.25.020(L). A mooring may be loaned
to a party other than the permittee for no more than thirty (30) days in any one
hundred eighty (180) day period.
S. Only one boat is allowed on a mooring at any one time with the exception of a
tender as described in Newport Beach Municipal Code Title 17.
6. Spreader lines must be adequately marked and buoyed at all times.
7. Living aboard a vessel on a mooring, without a City live aboard permit, is a violation
of the Newport Beach Municipal Code.
8. All offshore mooring buoys and onshore mooring posts must be painted white with
the mooring number painted in black, 3" block letters, clearly visible.
9. Mooring pendants must be kept in good condition at all times.
10. Boats over 18' in overall length are not allowed on onshore moorings.
11. No boats with a fixed keel, fixed rudder, or fixed underwater propulsion apparatus or
gear are allowed on onshore moorings.
12. Offshore moorings have been rated for a maximum size and cannot be decreased.
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Off -shore Mooring Specifications
1. All mooring weights must be metal.
2. All mooring buoys shall be of such type as approved by the City's Harbor Resources
Manager, painted in compliance with State regulations, with numbers assigned by the
Mooring Manager and painted per the requirements described in the Municipal Code.
3. All vessels must be moored fore and aft except in exposed areas designated as single
point areas.
4. All mooring locations must be allocated by the Harbor Resources Manager and all
moorings must be inspected before installation.
5. Top and bottom chain must be shackled together to form one continuous length.
Material other than chain may be used only upon approval of the Harbor Resources
Manager.
6. The length of chain is to be determined by the Harbor Resources Manager or his
designee and is governed by the depth of water in various mooring areas.
7. Minimum Requirements:
Leneth of boat weieht of moorine size of bottom chain size of too chain
20 feet
500 pounds
Y: inch
Y. inch
25
650
Y:
Y2
30
750
Y,
%
35
1000
5/8
Y,
40
1500
5/8
Yz
45
2000
%
Y:
50
2000
Y.
%
55
2500
%
Yz
60
3000
%
Y2
65
3000
1
Y:
70
3500
1
5/8
75
3500
1
5/8
80
4000
1
85
4500
1
%
90
5000
1
95
5000
1
%
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On -shore Mooring Specifications
1. All mooring weights shall be metal.
2. A 4 inch by 4 inch redwood post, painted white, and with numbers assigned painted
thereon at all times shall be placed against the seawall and project not more than 12
inches above the sand.
3. As an alternative to a post, on -shore moorings may connect directly to the seawall with
an eyebolt.
4. Buoy and post / eyebolt shall have a pulley attached with a line of not less than 3/8 inch
diameter at all times. Vessel is to be moored securely thereto, bow and stern and must
not be left on the beach.
5. Mooring buoy shall be metal or of such type as approved by the Harbor Resources
Manager, painted in compliance with State regulations, with numbers assigned by the
Mooring Manager and painted per the requirements described in the Municipal Code.
6. Minimum requirements:
Length of Boat Weight of Mooring Size of Chain Length of Chain
12 feet 200 pounds 3/8 inches 25 feet
15 feet 250 pounds 3/8 inches 25 feet
18 feet 300 pounds 3/8 inches 25 feet
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Procedures for Mooring Transfers
Whenever a person wishes to cancel his/her mooring permit and have it issued to another
person, it is permissible to do so under the following conditions:
1. The mooring equipment and the vessel currently assigned to that mooring must be sold
to the same person.
2. The mooring permit can only be put in one (1) person's name. The permit cannot be put
into a company name.
3. The seller must provide the buyer with two neatly written or typed letters. The first
letter is for cancellation of his/her mooring permit and issuance to the new permittee.
The second letter is a bill of sale, not the bill of sale form provided by the Department of
Motor Vehicles. Below are samples of the two letters which must be notarized.
4. The new permittee must re -register the vessel in his/her name with the Department of
Motor Vehicles prior to the transfer. The name on the registration must be the same as
will be on the permit.
5. A fee of $1.20 per foot of vessel length for offshore moorings and $0.60 per foot for
onshore moorings is charged for the transfer, due and payable at the time of transfer.
6. Anyone wishing to transfer a mooring must make an appointment with the Harbor
Patrol by calling (949) 723-1002.
Sample Cancellation Letter for a Mooring Transfer
I wish to cancel my mooring permit (Mooring # ), and have it re -issued to (new
permittee's name).
Previous Mooring Permittee's Signature:
Date:
Sample Bill of Sale for Mooring Transfer
I have sold my vessel, (description: size, type, CF or Documentation numbers), along with
mooring equipment on (Mooring# ) to (new permittee's full name).
Previous Mooring Permittee's Signature:
Date:
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