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."
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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
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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
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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.
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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
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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.
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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
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