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HomeMy WebLinkAboutC-3259 - Vessel Storage PermitAMENDMENT NO. ONE TO VESSEL STORAGE PERMIT IMUA OUTRIGGER CLUB This Amendment No. One to Vessel Storage Permit ("Amendment No. One") is entered into this 10th day of March, 2014, by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and IMUA OUTRIGGER CLUB, a California nonprofit corporation ("Club"), and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of the City. B. Club is a nonprofit, public benefit corporation that has engaged in outrigger canoe activities in and around North Star Beach for many years without problems or negative impacts to the health, safety or welfare of the surrounding residents, or those who use the public beaches. C. On March 22, 1999, pursuant to the provisions of then -existing Section 17.16.021 of the Newport Beach Municipal Code, the City Council approved a Vessel Storage License to allow a specified number and type of outrigger canoes and equipment to be stored on North Star Beach at specified times throughout the calendar year. D. On January 22, 2008, the City Council amended the Newport Beach Municipal Code ("NBMC") to renumber Section 17.16.021 to 17.25.030, revise the type of approval needed for vessel storage from a license to a permit, and grant the authority to approve said permit to the Harbor Resources Manager. E. City and Club mutually desire to amend the Vessel Storage Permit to increase the number of vessels allowed to be stored, eliminate the date limitations on storage and update the terminology. NOW, THEREFORE, it is mutually agreed by and between the parties as follows: 1. BEACH STORAGE/MAINTENANCE Section 4.A of the Permit shall be amended in its entirety to read as follows: "During the term of the Permit, Club may store up to fifteen (15) outrigger canoes and two (2) lengths of hose on the sand at north Star Beach." lmua Outrigger Club Vessel Storage Permit Page 1 2. CANOEING CLASSES Section 7.B of the Permit shall be amended in its entirety to read as follows: "In the event that the NAC chooses not to provide outrigger canoe classes during any class term, City shall notify Club in writing not less than four (4) months prior to a new term. If Club seeks to provide these classes directly, it shall provide them according to procedures defined by the City Recreation and Senior Services Department." 3. REVISED TERMINOLOGY In accordance with the authority granted in NBMC 17.25.030, the following references in the original License shall be revised as follows: A. All references to "License" shall be revised to "Permit". B. All references to "City Manager" shall be revised to "Harbor Resources Manager". C. All references to "Director of Community Services" shall be revised to "Community Development Department/Real Property Administrator". 4. INTEGRATED AGREEMENT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Permit shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be executed on the dates written below. CITY OF NEWPORT BEACH, a California municipal corporation Date: 3/28/11 By://Ani JN C s Miller Harbor Resources Manager IMUA OUTRIGGER CLUB:, a California nonprofit corporation Date: if CN 1/ 20/Y By: Timoth 4V i oe Pre Imua Outrigger Club Vessel Storage Permit Page 2 • • 3DScl VESSEL STORAGE LICENSE This Vessel Storage License (License) made and entered into this day of /Ylgech , 1999, by and between the City of Newport Beach, a Municipal corporation (hereinafter referred to as "CITY"), and Imua Outrigger Canoe Club (hereinafter referred to as "CLUB"), is made with reference to the following: RECITALS A. The CITY is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as is now being conducted under the statutes of the State of California and Charter of the CITY. B. CLUB is a well-known non-profit outrigger canoe club that has existed and flourished in the CITY for many years. They have used and launched from many different CITY locations and have conducted themselves without significant problems or impacts to the health, safety or welfare of those who use the public beaches or the surrounding residents. C. CLUB has made diligent good faith efforts to store their canoes and equipment at other sites throughout the CITY but to no avail. D. The CITY and CLUB agree that there is substantial evidence that there will be no adverse affect on the health, safety or welfare of those who use, enjoy or own property near the waters of Newport Bay, based upon the terms and conditions set forth in this License. E. The CITY and CLUB desire to enter into a Vessel Storage License for the public beach at North Star Beach, next to the Newport Aquatic Center ("NAC"), upon the terms and conditions herein. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties, as follows: 1. Term The term of this License shall commence when executed by the Parties and the initial temi shall continue until the following October 315` . Thereafter, the term shall be from November 1s' to October 315` and shall be automatically renewed unless earlier terminated or either party gives written notice of termination to the other on or before September 30th of then current term. 2. Parking A. CLUB members shall use their best efforts to "shuttle" to North Star Beach using the Westcliff Park parking lot or locations on Polaris Drive. When CLUB 1 of 5 • members use the North Star Beach parking lot, they shall use only the designated "public" spaces and only during posted hours of operation. At no time shall CLUB participants park on North Star, Morning Star, or Evening Star lanes. B. At no time shall CLUB members drive upon or park upon the sand southerly of the NAC parking lot. CLUB members must carry the outrigger canoes to the canoes' storage area. 3. Hours of Use A. CLUB's "primary use hours" shall be between 5:30 p.m. and dusk on weekdays and between 8:00 a.m. and 1:00 p.m. on weekends. B. If CLUB wishes to change its primary use hours, it must seek and obtain written permission from the City Manager. C. The term "Primary Use Hours" is defined as the time period within which two (2) or more 6-person outriggers are in use by CLUB members. 4. Beach Storage/Maintenance A. During the term of this License, CLUB may store up to 5 6-person outriggers, 6 1-person outriggers, and two lengths of hose on the sand at North Star Beach during the period from February 15 through October 31. If CLUB is teaching outrigger classes for the CITY (per 7B), it may store up to three canoes on North Star Beach between October 31 and February 14. B. CLUB shall not store any equipment or material (such as tools, boxes, and trailers) on the sand/beach at North Star Beach other than that specified in Subsection 4A. C. Outrigger canoes described in 4A shall not be stored less than 180' from the edge of the parking lot at the Newport Aquatic Center. D. With permission of NAC, CLUB may utilize the water connection and/or spigot at the NAC to wash/rinse the outriggers. Pursuant to Subsection 4E, CLUB must re -rack the hose when not in use. E. CLUB shall use its "best efforts" to maintain the sand/beach area around its outrigger storage area in as clean and as "pristine" an environment as possible at all times. F. CLUB shall operate and store its outriggers in a manner that does not impede the work of the CITY's General Services Department when General Services must either maintain the beach, maintain any debris booms in the area, or restore sand after storms. 2 of 5 5. Outrigger Maintenance A. No maintenance involving materials toxic or harmful to the Bay or wildlife shall be performed on the beach. All fiberglass repair, painting, sealing, and similar activities shall be done off -site to avoid any adverse environmental impact. 6. Good Neighbor Policy A. Upon request of the Dover Shores HOA or the NAC Executive Director, CLUB shall use its "best efforts" to designate a CLUB member to attend any meeting called by the HOA or the NAC to discuss any activity or concern relating to CLUB's presence at North Star Beach. B. CLUB shall notify the Director of Community Services in writing at least ninety (90) days before any special event sponsored or supported by CLUB that may impact the beach, parking lot, parking on Polaris Drive, nearby residents or NAC and obtain all necessary and required permits for all such events. 7. Canoeing Classes A. Given NAC's role and use permit, the CITY shall use the NAC as the primary provider of outrigger canoe classes for adults, juniors, and children. The CITY may use CLUB as a secondary provider of outrigger canoe classes for adults. B. In the event that the NAC chooses not to provide outrigger canoe classes during any class term, the CITY shall so notify CLUB in writing not Tess than four (4) months prior to a new term. If CLUB seeks to provide these classes upon notice by the CITY, CLUB shall provide them according to procedures defined by the Department of Community Services. If CLUB provides outrigger classes in the winter, this License authorizes them to store up to three canoes at North Star pursuant to Subsection 4A. 8. Indemnification and Insurance A. CLUB shall maintain at least one million dollars ($1,000,000) in Commercial General Liability combined single limit per occurrence insurance during the term of this License. B. CLUB's insurance policies shall include both the City and NAC as an "additional insured" for General Liability. CLUB shall furnish CITY with certificates of insurance showing of the type, amounts, class of operations coverage, effective dates and date of expiration of insurance coverage. Such certificates, which do not limit CLUB's indemnifications, shall also contain substantially the following statement: "Should any of the above insurance covered by this Certificate be canceled or coverage reduced before the expiration date thereof, the insurer afforded coverage shall provide thirty (30) days advanced notice to 3 of 5 the City of Newport Beach, by certified mail, to the Risk Manager and Recreation Manager." CLUB shall maintain in force at all times during the Use License all appropriate coverage of insurance required by this License with an insurance company that is acceptable to CITY and licensed to do insurance business in the State of California. C. CLUB shall indemnify, defend and hold harmless the CITY, its officers, employees and agents, with respect to any loss, liability, injury or damage that arises out of, or is in any way related to, the acts or omissions of CLUB, its employees, officers and agents in the performance of any activity, function or duty authorized by, or required under the terms of this License. CLUB shall not be required to indemnify the CITY in connection with the sole negligence or willful acts or omissions of the CITY its officer, agents or employees. D. CLUB shall properly insure for loss or damage to outriggers stored at North Star Beach under the terms of this License. 9. Violations of Operating License A. This License may be revoked by the CITY, without cause, at any time, upon thirty (30) days written notice to the CLUB. 10. Prohibition Against Transfers CLUB shall not assign, sublease, hypothocate, or transfer this License or any interest therein directly, or indirectly, by operation of law or otherwise. Any attempts to do so without consent shall be null and void, and any assignee, sublessee, hypothocate, or transfer use shall acquire no right or interest by reason of such attempt at assignment, sublease, hypothecation or transfer. 11. Permits and Licenses CLUB, at its sole expense, shall obtain and maintain during the term of this License, all appropriate permits, licenses, and certificates that may be required in connection with this Use License. 12. Compliances CLUB shall comply with all laws, state or federal, and all ordinances, rules and regulations enacted or issued by the CITY. 13. Waiver A waiver by the CITY of any breach of any term, covenant, or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 4 of 5 • • 14. Advertisement CLUB shall not post, exhibit, display, or allowed to be posted, exhibited or displayed, any signs, advertising, showbills, lithographs, posters, or cards of any kind pertaining to this License unless prior written approval has been obtained from the CITY Manager. IN WITNESS WHEREOF, the parties hereto have executed this License on the day and year first above written. Dated: 3- ; D. 1999 NEWPORT BEACH By: SA 7/114/ ennis O'Neil Mayor Dated: -1 / 1 1999 IMUA OUTRIGGER CANOE CLUB APPROVED AS TO FORM: City Attorney 6 J6nt /n d afi- , LaVonne Harkless City Clerk F:\Cat\S haredW gU mua\License031799.doc By: / rf Tftit-so kJ s. sVAv5 ,DEoT 5 of 5