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HomeMy WebLinkAboutC-1121 - Joint exercise of powers for maintenance & sand replenishment, Balboa IslandM 21 31 8 9 10� 11 12 13 14 15 16 17 18 19 20 21 22 23 JOINT EY.MCISE OF FWE S AGREEMENT (Maint€aance Protewyion and Sand Replenishment m Balboa Island Beaches) THIS AHEM W . made and entered into thi: day Of �. , 19676 by and betwee4. the CITY OF MWPO&T BEACH, Hp ei refe --red tD ea "City", and the ORANGE COUNTY HARBOR DISTRICT, hereinafter reLerred to as "District "; Rrz ITAU A. For the past several years the beaches bordering Balboa Island in Vie City of Newport Beach have undergone a con- tinning p.:•ocess of erosian which has harmed their physical appear- ance and diminished their utility for public recreation. B. It has been determined by the respective governing bodies of the City aired the District that it would be in the mutual best interests of both entities to establish a fund to be used for paying the expenses of maintaining, protecting and replenishing the beaches around Ba1boa Island. C. Pursuant t;) the authority contained in Title 10 Division 7, Chapter 5, of the California Government Code, entitled "„oint Powers Agreements ", City and District hereby agree as follows : AGREEMENT 1. Establishment of Syecial Fund.. City and District shall each appropriate the sum of $1,500 and deposit said sum with G'k� he City Finance Director prior to December 31, 1967. The City 26,j Finance Director shall establish a special fund account designated 27�I an the Balboa: Island Beach Maiitenance Fund and shall deposit the 28�' matching funds contributed by the City and the District in said 29 aecoexnt. 30� I 2` Use of Funds. The funds deposited in said account 31 i shall be reserved exclu.5ively for dredging and for I:he maio.tenance, 32 ,protection and replerishmeat of the beaches surrounding Balboa M 9; 10 11� 121 13 Island snd shall not 1,t'nsed for other purposes unless the prior consent of the City Coa.nnc l of fort Beach and the Orange County i.Board of Supervisors is first obtained. 3. Additional Deposits. In years subsequent: to 1967, City and District mad, deposit addit?_onal. funds in said account on any basis which is mL;tually agreeable to the governing bodies of joth agencies, 4. City to_ Administer Fund and Projects, The City shall administer said special fund and shall be responsible for carr'yin ; out an y project or work within the scope of this "ree- ment, 5. Authorization for Work or Projects. At such times as City shall deem it necessary or desirable to cause work to be 141Idone on or relating to the beaches surrounding Balboa Island, City 15 shall advise the County Director of Harbors, Beaches and Darks of 16 the :nature and scope of the proposed work. upon written approval 17 of the. proposed work by said Director, the City shall be authorized 18 to pro-eed with the vorxla in accordance with the proposal and City 19 shall be authorized to pay for said work from funds held by the 2C CCity in the Balboa Island Beach Maintenance fund. 21 6. Public Bidding Required. 'In awarding, contracts for 22 ',any vmrk to be performed which is to be paid for from the funds 23�j.eld by the City pursuant to the terns of this agreement, City 24 )shall couply with the requirements of Section 1110 of the City 25 +Cha >ter relating to peblic bidding. I. 26:, 7. No Obligation to Make Future Contributions. By i' 27,entering into this agreement neither party shall be considered to 28 1have coumitted itself to contribute funds in years subsequent to 1' 29 !I 1967 and any such future contributions shall be entirely within 30 !the discretion of the governing bodies of the contracting parties. 31; 81 Term. This agreement shall be for a term commencing 32 110 the date set forth in the first paragraph hereof and ending on T. �I ri 1 li June 30, 1977, cs.less sooner termir: tusi. Either party may 2 terminate this agreement at any time by giving the other party 3 4 5 6' 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 ty (30) days' prior s:ritten notice by mail directed to the follo-,Ang addresses: ac the City Cle:�: -, City Hall, 3300 Newport Boulevard, Newport Beach, California; to the Oran;e County Harbor District, 1 i:1 Bayside Drive, Newport Beach, California. 9. Annual Accounting. City shall provide District with i�ar .;accounting of < <ne status of said fund on or before July 30th of each year. 10. Distribution of Funds upon Expiration or Termination. Upon the e�qiratirr °, or the termL3ation of this agreement, City agrees to transfer to District a pro rata share of any unenc »,*ered funds remaining in said account, said share to be based upon the same ratio as the parcentage contributions made by the District I ean to the total contributions to the fund pu-rsuant to this; agree - ment. 11. Hon? =Harmless and Insurance. City agrees to hold !�3i4sLrict harmless roru aay damage or liability occurring by reason of anything done or oaiteted to be done by City under or in con - nectior with any work, authority or jurisdiction delegated to jCity under this agreement, In addition, City agrees that, if any 1work within the scope of this agreement is performed by a private contractor, such contractor shall be required to name the Orange County Harbor District as an additional insured under any policy of public liability insurance which such contractor is required to furnish for the protection of City. Its WITNESS WlaaEOF, City has : &used this agreement to be executed by its Mayor and attested by its Clerk, and District has caused this agreenvEant to be executers by the Chairman of the Board of Supervisors of Orange County and attested by its Clerk, all thereunto duly authorized by :resolution of the City Coancil and minute order of the Board of Swpe:xvisors on. the dates written 3. 1 opposite their signatures.'` 2 3 CITY OF 1dEWPQTtf 'BEA(Ii 'i 4 � Dated: 5 APPROVE.'D P.S�T/O FORM:. Mayor.. ATTEST: 6 �( �1 iy CC a..— 7 o' y jeymo .i tt _ ,ity ttorney e 8 CITY 9) 10 ORF21(T COUNTY HARBOR DIS i 11 Dated: JUN 20 1967 1967. Bv ZI 12 airman of e "o P Orange:Coun_, u ors of 13 APPROVED AS TO FORM: 14 ATTEST: ADRSATI KUYPER, COUNTY COUNSEL 15 ORAN(M COUNTY, CALIFORNIA W. E. ST JOHN /� 1 n County Clerk and ex- officio,: Cle�'!�: of the Board of Superviaort. 16 ` � tP By . 17 BY 18 � 19 DTSTRICP .. 20 21 22 23 24 25 26 27 28 29 30 31 32 4. .. 1 UWLUTUN uo . 2 I 8 RISOLUTION Of THE CITY COUNCIL OF THE CITY Q. JUN&ORT z�fdTWRIZING THE. MCUTWX OF 3 A :i IirT E.t hrZ2 OF �8wr AfS iilTg TM ORAWX CQUM' '%QWR DISTRICT 4 i 5 WH%:RLAS, ioy the past several years the beaches border - 6 iz BLoa Island have undergone a continuing process of erosion 7 c " ` =ds harmed their physical appearance and diminj hed their 8 uvility :or p�lic recreation, and the respective governing bodies 9 I of thee City o i Newport (each and the Orange County UArbor District 10; `aVe determined that it would be in the mutual best interests of 11 1 both A ties to establish a fund to be used for paylug the 12li eases of maintaining, pretesting and replenishing said beaches; 13 i Esc: 14 i WORFAS, there has been presented La the City Counci MINUTES OF THE BOARD OF SUPERVISORS J OF ORANGE COUNTY, CALIFORNIA June 20, 1967 IN RE: REIMBURSEMENT AGREEMENT DREDGING OF BAY ISLAND CHANNEL CITY OF NEWPORT BEACH On motion of Supervisor Allen, duly seconded and unanimously carried by Board members present, the Chairman Pro Tem and the Clerk are authorized to sign the Reimbursement Agreement, between the Orange County Harbor District and the City of Newport Beach, providing for the Orange County Harbor District to reimburse the City of Newport Beach for maintenance dredging of Bay Island Channel and the replenishment of sand on the adjacent public beach. IN RE: DEFENSE OF TRAFFIC VIOLATION CHARGE AGAINST ROAD DEPARTMENT EMPLOYEE REFUSE DISPOSAL DIVISION On motion of Supervisor Allen, duly seconded and unanimously carried by Board members present, the Board of Supervisors of the County of Orange finds that that certain traffic violation against a County refuse truck driver for spilling loads on a highway is brought on account of an actor omission in the scope of such County employee's employment, that his defense would be in the best interests of the public and that said employee acted in good faith, without actual malice and in the apparent interest of the County. The County Counsel is, therefore, directed to provide for the defense of such employee.' IN RE: JOINT EXERCISE OF POWERS AGREEMENT SAND REPLENISHMENT OF PUBLIC BEACHES ON BALBOA ISLAND CITY OF NEWPORT BEACH On motion of Supervisor Allen, duly seconded and unanimously carried by Board members present, the Chairman Pro Tem and the Clerk are authorized to sign the Joint Exercise of Powers Agreement,.dated June 14, 1967, between the Orange County Harbor District and the City of Newport Beach. Said agreement establishes a special fund for sand replenishment of public beaches on Balboa Island. IN RE: LEASE MEETING QUARTERS TUSTIN WAR MEMORIAL, INC. AMERICAN LEGION TUSTIN POST 227 On motion of Supervisor Hirstein, duly seconded and unanimously carried by Board members present, the Chairman Pro Tem and the Clerk are authorized to sign the Lease dated June 12, 1967, between the County of Orange and Tustin War Memorial, Inc., providing mee:;quarters f r the benefit of Ame Legiox► Tustin Yoat:227, 8t rst Sti$et, e California. .. w n 1 4 5 6 7 1.1 9 10 11 i2 13 14 15 16 17 18 19 20 21 22 23 - 0 . ' it F=0=08 No, 6574 WMUMAS. for the Past 86"rgl years the beaches border- InZ Balboa Island hav's w4ergow is 4Mtj=&jAS process of erosion rzucd; has hanod their phpical appeUMM= and d4m4inj6had their ucillity for public Mareationt and the rOOSOUVO governing bodies O-E the City of Newport Be"h *ad the OrMSO County Harbor District bave date=1ned that It would bo In the umama beat interests of Lath entities to establish a Aad to be used for Mi" the ompcnzes of gaintairArgli jpvoteotin aU4 replenishing said beaches; and WIU="q there has been presented to the City COMOU a Joint Exercise of Powers Agreement providing for the *stablishmmt, us'e =d administration of a special fmd do signated the Balboa Island Beach M►intonawe rand; =4 MUA39 the MY COM441 bas considered the terms =d ,aondlltions of said sareaumot and found them to be ra4sonable and equitable; 1 0 WW$, TEM*V=RZ# IM 'IT RZSMVED that said agreement is appToved and the mayor and City Clark Are hereby aurIzorized.and dirOctcd to execute the same on behalf of the City of Newport ADM= this 12th 4&y of June 19674 AMES,: ty Clark -wit STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF NEWPORT BEACH ) I, LAURA LAGIOS, City Clerk of the City of Newport Beach; California, do hereby certify that according to the records of the City of-Newport Beach filed and maintained in .my office, the foregoing Resolution No. 6574 was duly and regularly adopted, passed, and approved by the City Council of the City of Newport Beach, California, at a regular meeting of said City Council held at the regular meeting place thereof, on the 12th day of june 1967, by the following vote, to wit: AYES, COUNCILMEN: Rog=, PaTLRnns, Marshall (,nbe Cook, Forgit, Shelton NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None Dated this 13th day of ,Lune 1967. City Clerk and Ex =Of i io Clerk of the City Council, City of Newport Beach, State of California .. „._.,,..ry .. .� M Vkr`r'.:SL'^�k�'Ku`ewab ”. �•�.:.ef�'9re�''1i``n#..2i TO: Finance Director FROM: City Clerk SUBJECT: Contract Contract No. 1121 0 Date July 32 ,-1967 Authorized by Resolution No. 6574 , adopted on ,T_ np I ?- lg67 Date Mayor and City Clerk executed Contract .hmw 14, 1969 Effective date of Contract JUrA 14, 1862 Contract with praM 0D tV Harbor District Address S15 N_ S n+sn = Santa Ana, California Brief description of Contract dMnt TSramiRe of Rrrwnrs gpWM ant. Hsintwmm, Protection and Sand Replenishment - Balboa Island Beaches Amount of Contract City Clerk ih Att: T. JUNE 12, 1967 TO: CITY COUNCIL FROM: PUBLIC WORKS DIRECTOR SUBJECT: PROPOSED AGREEMENTS WITW ORANGE COUNTY HARBOR DISTRICT A. JOINT EXERCISE OF POWERS AGREEMENT FOR THE MAINTENANCE, "It 2 / PROTECTION AND SAND REPLENISHMENT OF BALBOA ISLAND BEACHES, B. REIMBURSEMENT AGREEMENT FOR DREDGING .BAY ISLAND CHANNEL. RECOMMENDATION: IF DESIRED, THAT THE CITY COUNCIL ADOPT RESOLUTIONS APPROVING THE SUBJECT AGREEMENTS AND AUTHORIZING THEIR EXECUTION ON BE- HALF OF THE CITY. DISCUSSION: A. ON NOVEMBER 15, 1966, THE JOINT HARBOR COMMITTEE RECOMMENDED TO EACH OF ITS MEMBER BODIES THE CREATION OF A JOINT POWERS AGREEMENT, EACH AGENCY TO CONTRIBUTE $1,500 ANNUALLY INTO A REVOLVING FUND FOR THE MAINTENANCE OF PUBLIC BEACHES AROUND BALBOA ISLAND, AND THAT SUCH FUNDS BE BUDGETED IN THE NEXT FISCAL YEAR'S BUDGET. THE SUM OF $1,500 HAS BEEN RECOMMENDED FOR THE CITY'S SHARE IN THE CITY'S PROPOSED 1967 -68 BUDGET. B. ON MARCH 111, 19670 THE JOINT HARBOR COMMITTEE RECOMMENDED TO EACH OF ITS MEMBER BODIES THE DREDGING OF THE BAY ISLAND CHANNEL. THE HARBOR DISTRICT HAS AGREED TO PAY UP TO $3,000 FOR MAINTENANCE DREDGING. ANY FURTHER DREDGING, AND OTHER IMPROVEMENTS SUCH AS GROINS ARE TO BE MADE AT THE CITY'S EX- PENSE. THE SUM OF $3,000 HAS BEEN RECOMMENDED FOR �THHE CITY'S SHARE OF THE PROJECT IN THE CITY'S PROPOSED 1967 -68 BUDGET. -12 -6 L 0 0 T0: CITY COUNCIL SUBJECT: PROPOSED AGREEMENTS WITH ORANGECOUNTY HARBOR DISTRICT PAGE Z THE HARBOR DISTRICT HAS REQUESTED THAT THE AGREEMENTS BE PRESENTED FOR COUNCIL CONSIDERATION AT THIS TIME, RATHER THAN WAITING UNTIL -AFTER ADOPTION OF THE 1967 -68 BUDGET BY THE CITY 2 BECAUSE THE DISTRICT DESIRES TO ENCUMBER FUNDS FOR TNEIR SHARE FROM THEIR CURRENT 1966 -67 BUDGET. SHOULD THE COUNCIL APPROVE-THE AGREEMENTSO THE CITY WILL IN EFFECT BE COMMITTED TO APPROVAL OF THE CORRESPONDING 1967 -68 BUDGET ITEMS. l QX,Lr ,-, IN IRECTOR 'r k s 11 4'1 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 K. 29 30 31 32 !c s i7 (8) ' J, OJWL 0 -T POWERS ACREBlti 11T (Mainteaax tection and Sand 4olenislssent 6, lboa island Besahes) THIS- ACEBENE.Vr, ands and entered into thin day of , 1967, by ftd :bstweea the CITY or NEw=T BEACH, hereinafter referred to as "City ", and the OBANU COMM HARBOR DISTRICT, hereinafter referred to as "District "; rte: A, For the past several years the beaches bordering Balboa Island in the City of Newport Beach have undargme a con - tiauing process of erosion which has harmed their physical appear- ance and diminished their utility for public recreation. B, It has been determined by the respective governing bodies of the City and the District that it would be in the mutual best interests of both entities to establish a fund to be used for paying the expenses of maintaining, protecting and replenishing the beaches around Balboa Island. C. Pursuant to the authority contained in Title 1, Division 7, Chapter 5, of the California Government Code, entitled "Joint Powers Agreements ", City and District hereby agree as follows; AGRESKUT 1. Establishment of special Zhmd, City and District shall each appropriate the sum of $1,500 and deposit said sum with the City Finance Director prior to December 310 1967. The City Finance Director shall establish a special fund account designated as the Balboa Island Beach Maintenance Fund and shall deposit the matching funds contributed by the City end the District in said account. 2. Use of Funds. The funds deposited in said account shall be reserved exclusively for dredging and for the maintenance, protection and replenishment of the beaches surrounding Balboa r �I 1 Is spd and shall not bejowd for other purposes =10" :'d 4rior 2 sonaagt of the City Council of "art Beath and the Or=&* County 3 Board of Supervisors is first obtained. 4 3. Additional ftp&ita. TA years subsequent to 1%70 City and District may deposit additional finds in said aocae on 61 any basis which is mutually agreeable to the golte xl" bodies of. 71 both agencies. 8 4. City to A*!inister Pond and t7rolectS The City 9 shall administer said special fund and shall be responsibttie for 10 earrying out any project or work within the scope of this agree- 11 Mont. 12 5. Aclthorisatiun for Work or frptects. At such times 13 as City shall dam it necessary or desirable to cause work to be 14 cone on or relating to the beaches surrounding Balboa islands City 15 shall advise the County Director of garborss Beaches and Parks of 16 the nature and scope of the proposed work, Upon written approval 17 of the proposed work by said Directors the City stall be authorised 18 to proceed with the work in accordance with the proposal and City 19 shall be authorized to pay for said work from funds held by the 20,jCity in the Balboa Island Beach Maintenance Pond. 21 6, Public Biddiau iteauired. In awarding contracts for 22 any work to be performed which is to be paid for from the funds 23!bald by the City pursuant to the terms of this agreements City 24 shall comply with the requirements of Section 1110 of the City 25 Charter relating to public bidding. 26 7. No Obligation to N tca future Contributions. By 27 entering into this agraesant neither party shall be considered to 28 have committed itself to contribute funds in years subsequent to 29 1967 and any such future contributions shall be entirely within 30 the discretion of the governing bodies of the contracting parties. 31 S. Term. This agreement shall be for a tern commencing 32 o the date set forth in the first ar p agrsph hereof and coding on II _ �. 1 I ' 1� June 30, 1977, unless sooner terminated. 8itho -party may 2. terminate this agreement at any time by giving the other party 3 thirty (30) days' prior mitten notice by surd directed. to the 4 following addresses: To the City Clerk, City Hall. 3300 Newport 5 Boulevard, Newport leach, California, to the orange County Harbor 6� District, 1901 Bayside Drive, Newport Beach, California,.; 7 9. Annual Accountings. City shall pride District with 8 an accounting of the status of said fund as or before July 30th of 1 9 each year. 10 10. Distribution of-rungg upon Expiration or Tsadmtion, 11 Upon the expiration or the termination of this agreement, City 12 agrees to transfer to District a pro rata share of any unencumbered 13 funds remaining in said account, said share to be based upon the 14 asms ratio as the percentage contributions made by the District 15 bear to the total contributions to the fund pursuant to this agree - 16 want. 17 110 Hold arZj,"a and insurance. City agrees to hold 18 District harmless from any damage or liability occurring by season 19 of anything done or omitted to be done by City under or in con- e 20; nection with any work, authority or jurisdiction delegated to 211 City under this agreement, in addition, City agrees that, if any 221 work within the scope of this agreement is performed by a private 23' contractor, such contractor shall be r i , squired to eW1m the Orange 241 County Harbor District as an additional insured under any policy 251 of public liability insurance which such contractor is regssired to 26 furnish for the protection of City. 27 IN WIMSS WHEREOF. City has caused thin agreement to 28 be executed by its Mayor and attested by its Clerk, and District 29 has caused this agreement to be executed by the Chairman of the 30 Board of Supervisors of Orange County and attested by its I- Clerk, 31 all thereunto duly authorized by resolution of the CiCy Council 32 and minute order of the Board of Supervisors on the dates written 3. 26 27 28 29 30 31 32 1 oppoAtte thaTi ili�fntures. "� �;' 2 NWORT BEACH: YY Dana: ay 5 Mayor APMD AS TO M: ATTEST: 7: Tully = . City 'Fo ey ty Urc 8 CITY . 9 10 01RANCE CWnY HARBOR DISMC7P, Tl Dated. 1967. By 12 mean �f ; o Supervisors, of Orange County 13 APPRDVED AS TO FORM:.. 14 ATTEST: ADRIAN KUYPER, COUNTY COUNSEL 15 ORANGE COLUNS CALIFORNIA V. E. ST JCkW County Clerk and ex- officio Clerk y6 of the Board of Supervisors By -7 By 18 Deputy..:: . 19 DISTR cT 20 21 22 23 24 26 26 27 28 29 30 31 32 1 1 2 3 4I 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 (8) 'THIS AGRUNW, mode and entered into this day of , 1%70 by and between the CITY Of IMMORT BYACS, hereinafter referred to as '',,ty ", and the ORA= CITY VARSM DISTRICT, hareiaafter reforred to as 'District "; RWITAW: A. for the past several years the beaches bordering Balboa Island in the City of mewport Beech have undergone a con- tinuing proeoss of erosion which has harmed their physical appear - ance and diminished their utility for public recreation. B. It has been determined by the respective governing bodies of the City and the District that it would be in the mutual best interests of both entities to establish a fund to be used for Paying the OXPM# s:of maintaining, protecting and replenishing the beach" around Balboa Inland, CO Pursuant to the authority contained in Title 19 Division 7. , Chapter 58 of the California Government Code, entitled j "Joint Powers Agreements ", City and District hereby agree as Ifollowa: AOUMUM 1. 8stabli _ t of special mod. City and District shall each appropriate the sum of $1,500 and deposit said sum witb_ the City finance Director prior to December 911, 1967. The City Finance Director shall establish a special fund account designated as the Balboa Island Beach Maintenance Fund and shall deposit the matching funds contributed by the City and the District fn said laccount. 2. Use of Funds. The funds deposited in said account shall be reserved exclusively for dredging and for the maintenance, protection and replenishment Of the beeches surrounding Balboa 0 0 1 Island and shall not be used &r other purposes unlaas the Prior 2 consent of the City Cowail of mac, Beach and the 00tinge County 3 Board of Supervisors is first obtained, 4 3. Additional wLs ts. In years subsequent to 19670, 5 City and Vistrict may deposit additional funds in said account on 6 Say basis which is suitually doable to the gavoxaiaig bodies of 7 both agencies. 8 4. City[ tg„ Addaiater Fund wad fxo9aats. The City 9 shall administer said spacial fund and shall be responsible for 10 carrying out any project or work within the scope of this agree - 11 want, 12 5. Auttl�n ri"on for tagrc„ fro eats. At rinCb Cilsas 13 as City shall deed it necessary or desirable to cause work to to 14 done on or relating to the beaches surrounding Balboa Island, City 15 shall advise tha County Director of 8arbors, Beaches and Parks of 16 the nature and scope of the proposed work. Upon written approval 17 of the proposed work by said Director, the City shall lr authorised 18 to proceed with the work in amordance with the psmposal and City 19 shall be authorised to pay for said work from funds hold by the 2011 City in the Balboa Island Beach Maintenance Fund, 21 6, Public Bidding JeAuired. In awarding contracts for 22 any work to be performed which is to be paid for from the funds 23; bold by the City pursuant to the tarns of this agree ant, City 24 shall comply with the requirements of Section 1110 of the City 25 Charter relating to public bidding. 26 7. No S&IL action to Mft Fatwo Contributions. By 27 entering into this agreement neither party shall be considered to 28 have committed itself to contribute funds in years subsequent to 29 1967 and any such future contributions shall be entirely within 30 the discretion of the governing bodies of the contracting parties. 31 8, Term. This agreement shall be for a term commenc ial 32 on the date set forth in the first paragraph hereof and ending on g. =1. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 0, les sooner tli"ted. Jua',38, 1977 Either party may a t this agreemnt at ► time by giving the other psVty. thirty 60) days' prior written notice -by wail directed to the Ifoliowiag addresses: To the City Clarke City Hall, 3300 Newport Boulevard, Newport bath, Califoxaa: to the orange County Herbor District, 1901 Sayside Drive, Newport Beach, California, 9. Annual Acaa. City shall provide Distriat with an accounting of the status of said fusel on or before July loth of each year. 1Gt iup" the expiration or the terairation of tisis agseereat, City agrees to transfer to District a pro rata share of MY uxnswuonbered funds remaining in said account, said share to be based upon the scoot ratio as the poreontW contributions msds by the District bear to the total Contributions to the find pursuant to this agree• Rent. 11, gold,gargs cad InsarseCS. City at*renes to hold District barml"s from any damage or liability occurring by reasog of anything done or omitted to be done by City wades or in con- section with any work, authority or Jurisdiction delegated to City under this agreement. Is addition, City Was$ that, if asy j work within the sage of this agreement is performed by a private i contractor, such contractor shall be requited to same the Orange County Harbor District as an additional insured under any policy of public liability insurance which such eestracter is required to furnish for the protection of City. IN WfiIMXW WREWTO City has caused this agreemeat to be executed by its Mayor and attested by its Clarke and District has caused this Agreement to be executed by the Chairman of the Board of Supervisors of orange County and attested by its Clarke Al thereunto duly authorised by resolution of the City Counail a 21 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 opposite thou 44poturss _;, Y <:... c of XEWMT H1Ra4Cl Dated: 1%70 By A� AS TO FOM: A u . TMLY 10 i CRY CM man Comm uAt m DIM= 13ateds. , 1"l6To By t"A Beird of Supervisers of ®tmam County APPRO'M AS TO FMs AMST: ADRIAN yCOYISRi CQCSTY CO11ML ORANGE COtI Ms CALVOBNIA W, V. IT Jow County Cleric and ex-e ficio Clwk of the BoAvd of Supexvisort ST By - - 4.