Loading...
HomeMy WebLinkAbout11 - Vessel Transfer Agreement - Orange County CoastKeeperITEM 1 z TO: Members of the Newport Beach City Council FROM: Dave Kiff, Assistant City Manager Robert Burnham, City Attorney SUBJECT: Vessel Transfer Agreement - Orange County CoastKeeper RECOMMENDED Authorize the City Manager to execute a Vessel Transfer Agreement that would ACTION: transfer a recently- acquired vessel to Orange County CoastKeeper for research and water quality efforts in Newport Harbor. BACKGROUND: The Orange County Sheriffs Department's (OCSD) Harbor Patrol routinely "retires" OCSD vessels when the Harbor Patrol no longer needs them. Upon declaring property surplus, State law (Government Code §25365) directs a county board of supervisors to "by a four - fifths vote, ... assign, or otherwise transfer to ... any ... city (without auction) ... (property) if the property ... is not required for county use .... " The Orange County Board of Supervisors transferred one of the Harbor Patrol's surplus boats (a 1982 Seaway [CF# 2056XCI 28' power boat) to the City, at the City's request, a few weeks ago. The City and Orange County CoastKeeper, a local non - profit organization committed to habitat protection and water quality along the Orange County coastline, had sought to acquire the boat to allow CoastKeeper to perform several projects within and around Newport Bay, including eelgrass monitoring, kelp reforestation, and Caulerpa taxifolia ( "killer algae ") investigations. The City and CoastKeeper have since concluded that the most effective way to manage the boat would be to transfer the vessel in "as is" condition directly to CoastKeeper in exchange for 100 hours per year for five years of water quality research service to the City. The attached Vessel Transfer Agreement - as prepared by the City Attorneys Office - accomplishes this transfer. ATTACHMENT: Vessel Transfer Agreement VESSEL TRANSFER AGREEMENT THIS AGREEMENT, is made and entered into this _ day of December, 2001, by and between Orange County CoastKeeper, a California non - profit corporation (CoastKeeper), and the City of Newport Beach, a charter city (City) is made with reference to the following: RECITALS: WHEREAS, CoastKeeper is a non - profit corporation devoted solely to activities and programs designed to protect and enhance coastal natural resources such as water quality improvements, restoration of kelp beds, and restrictions on dry season fresh water intrusions; and WHEREAS, CoastKeeper and City have cooperated in efforts to protect and enhance coastal resources in and around Newport Beach and presently intend to engage in further cooperative efforts including an eelgrass restoration program. WHEREAS, City has-received from the County of Orange a 1982 Sea Way bearing CF2056xc and Hull# SWY 028361183 (Vessel) that is not needed for any present or prospective municipal function and is in need of substantial refurbishing; WHEREAS, City has determined that a transfer of the Vessel to CoastKeeper pursuant to the terms of this agreement is in the public interest because the vessel will be used solely for purposes that benefit the marine environment in and around Newport Beach and will ensure that City has adequate volunteer resources to implement important environmental enhancement programs. NOW THEREFORE THE PARTIES AGREE AS FOLLOWS: 1. TRANSFER. City transfers all right, title and interest in the Vessel to CoastKeeper. City has made no representations to CoastKeeper relative to the condition of the Vessel. CoastKeeper has, prior to the date of this Agreement, inspected the Vessel and determined the nature of any necessary repairs. CoastKeeper accepts the Vessel in an "as is" condition. 2. CONSIDERATION. In consideration of City's agreement to transfer title to the Vessel, CoastKeeper agrees to comply with the Restrictions in Section 3 and to provide City with up to one hundred (100) hours of volunteer labor per year during each of the first five years after the date of this Agreement. 3. RESTRICTIONS. CoastKeeper shall comply with the following restrictions relative to the use of the Vessel for a period of five (5) years after the date of this Agreement: A. CoastKeeper shall use the Vessel solely in furtherance of the protection, preservation or enhancement of coastal natural resources located in, or in the vicinity of, Newport Beach. B. CoastKeeper shall ensure that the Vessel is berthed and operated within fifteen miles of the corporate limits of Newport Beach except when the Vessel is being repaired. 4. REVERSION. Ownership of the Vessel shall revert to the City if CoastKeeper fails to comply with the Restrictions specified in Section 3. 5. DOCUMENTS OF TITLE. CoastKeeper shall prepare and submit all document necessary to transfer title of the Vessel from the City to CoastKeeper. Date: "CNB" in City of Newport Beach Mayor "CK" Orange County CoastKeeper. A California non - profit corporation Date: By: Its: 0 Its: