HomeMy WebLinkAboutC-1216 - Beach cleaning services, Hold harmless agreement----------- . _
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T Ill S ACREM IT is made and entered into thi4 LIL.'C. ^42
t of 1969, by and between the CITY OF
,i wpcl.cT i,ACH a municipal corporation, hereinafter-referred to
Fs "City "; THE IRVI2IZ CM%TiANY, a'West Virginia corporation, herein
fr,e ,referred to as "Irvine" and THE BAYSHORES C0&=1TY
t..SSuCLMON, a California non- profit corporation, hereinafter
i:e1Lr—_C'd t0 as "Association ". .. .C.
1. Association is a private residential tract and
includes beaches v" are. privately .ovned.and not available for
« public use; ` t— {
2. `,'The two beach areas which are'the subj eat of
a�reerent are more particularly described as Lot 73, Tract 1014,''
and Lots 21, 22 and 23, Tract 2095. A plot map of the described
parcels is attached hereto as Exhibit "A;' and incorporated herein
by reference for all purposes.
3. The private beaches are owned by Irvine but are
under the operation and control of the Association,.
4. The Association periodically needs to have its
be -rc:cs cleaned by the'use of heavy special equipment.
5. City has the equipment and personnel necessary. to.,;;'
rrovide such beach cleaning services.
6. The Association desires,to contract with City for
t wovision of such beaclicleaning services.
NOt7, T ?iGR FORE, the parties hereto agree as follows:
1. City agrees to furnish beach cleaning service to. _
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tauxiation consisting of sanitizer equipment and operation.',
y1�:-- :ic, -.I.cl upon request of the Association. The availability of
equipment and personnel for such use and the scheduling of
xrwa to bt provided, shall be determined by the General
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Services Director of the City of Newport Beach, who shall act as
tL - -) City's agent in the acministration of this agreement. .
2. Association agrees to pay City•for said services
Z. ti= rate of $22.00 for the first hour and $11.25. per hour for
a--ca subsequent hour or portion thereof.. This .charge shall include.
;; orator's salary, equipment operation and maintenance cost, travel'.,.
a::Paintenarce time and the City's standard overhead charge.,2'The
time chargcable to the Association shall include travel time to
csa from the work site.. It shall also include the actual cost of ..:
clearing„ lubrication and maintenance of the equipment attributable.:
to the service furnished to Association. Payment to the.City for:
said service shall be made within 30 days following receipt of a
written iavO1R9
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3..:,:C ity reserves the right to iicriaae t� sags .to bw�� ~.
477 *? , _
charged to Association at any time, based upon increased costs to `
City. Association agrees to be bound by any such increase following .
10 days written notice thereof directed to. the President . of the . "..
Association.
4. The Association by entering into this agreement'!.
assumes no liability for.the payment...of- salaries; wages, retirement
bcnafits, workmen's compensation or any other employee benefits.t.o
any officer, employee or agent of the City engaged in providing"-11..;.;::
ze2-viees to Association pursuant to this agreement.
5. Association agrees to defend, hold harmless and
i de=:i`y City against any claim, lawsuit or.judgment for damages'.
incurred to playground equipment, boats, palm trees'or other
ve3ctation upon the beaches, or deterioration of improved walkways,
rc .ai,_ys cr curbing that may result in the ordinary course of
e:r,_,icn o:. beach cleaning equipment pursuant to the terms of
_i� .;r :me:.t• This shall include the operation of the equipment
:, -CIV-3 ingress to or egress from the beach area 'from the
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6. Association agrees to defend, hold harmless and
i_,d =ify City against any claims, lawsuit or judgment for damages
arising out of City's performance of the services provided for in
his agree ent regardless of responsibility for negligence.
Association further agrees to have City named as an additional
i:, urwd on any existing policies of comprehensive.liability
injurance issued on behalf of the Association or, in the alternative,'.;
to provide separate comprehensive liability insurance coverage for;..:'
City's benefit =.chile performing services under this agreement.
N nir-um coverage under either alternative shall be in the amount :...-
oz $500,000 for death of:or injury to more than one person,
5300,000 for death of or injury to one person oad property. damage
in the amount
- 7. Association` and. Uat be x
liable for any depletion of sand on the beach described above..
from frequent cleaning by the standard method provided by
City equipment. It.is recognized by Association and Irvine that
the unusual fine texture of the sand may cause a certain limited
degree of sand depletion.by the equipment.
I21 WITNESS [ *MP.EOF, the parties hereto have caused . this
agreement to be executed by their officers duly authorized
the date set forth opposite their respective - ,signatures:
APPROVED AS TO FORM: CIW OF, NEWPQR1 BEe�CH
City zl �tto�~ney
R1
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Mayor
Ulty Glem
THE BAYSHORES CO10WITY ASSOCIATION
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TO:
IQKTil'A
CITY OF NE $EACH
CITY
Depa ent
City Clerk DATE ifite. 12;`'19;70,
City Attorney
Re: Agreement between the City of Newport_B.,each
The Irvine = Company and the Bayshores C66il £ity
Association _for Beach qlaning Services
Pursuant to your inquiry as to the location and status
of the above- captioned agreement, please be advised of
the following.
Mr. Steve Smith of The Irvine Company and Mr. William...
O'Bryon of the Bayshores Community Association were
contacted. Both gentlemen were unable to locate the
document in their respective files. We prepared and
transmitted another a�reement to Mr. O'Bryon for review
and execution. Mr. 0 Bryon informed the undersigned
that the Bayshores Community Association was not.a cor-
porate entity and therefore could not enter into a
contract. Besides, Mr. O'Bryon was of the opinion that
the terms of the agreement were too strict with respect
to the "hold harmless clause" and that the Association
would never bind itself to such a condition.
It was therefore decided that the Association could not
or would not enter into an agreement to have the City
provide beach cleaning services. Accordingly, the entire
matter has been dropped and the Association intends to
seek other means to keep their beaches clean.
Very truly yours,
TULLY H. SEYMOUR
City Attorney
By
Dennis O'Neil
Assistant City Attorney
DO'N:s
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May 279 1970
Mr. Steve Smith
The Irvine Company
550 Newport Center Drive
Newport Beach, California 92660
Dear Steve:
•
Reg. Agreement between City of Newport
Beach, The Irvine Company and The
Bayshores Community Association
for beach cleaning services
The City Clerk has requested the assistance of
this office to help locate the original of the
subject agreement.
You will recall that by letter dated April 8, 1969,
the original and four copies were mailed to you by
Assistant City Attorney Tom Woodruff, whom I have
since replaced. There is nothing in the file to
indicate what transpired after that letter. Would
you please let me know what steps you took regard-
ing completing execution of the agreement by the
Irvine Company and Bayshores Community Association,
and approximately what date the original may have
been returned to the City.
Anything you can do to help locate this document
will be greatly appreciated.
DO'N :s
cc: City Clerk
Yours very truly,
TULLY H. SEYMOUR
City Attorney
By
Dennis O'Neill
Assistant City Attorney
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TO: MAYOR AND CITY COUNCIL
FROM: City Manager
SUBJECT: BEACH CLEANING SERVICES FOR BAY
RECOMMENDATION:
March 24, 1969
pOSITIO.
Ch
SHORES COMMUNITY BEAC
Authorize the General Services Department to provide
mechanized beach cleaning services for the Bay Shores Community
Association beach on a contractual basis as specified in the at-
tached Hold Harmless Agreement.
DISCUSSION•
During the past few years the City has received a series
of inquiries from the Bay Shores Community Association relative to
the possibility of the City cleaning the Community beach with the
City beach cleaner. The initial requests for free services were
denied for obvious reasons. The most recent request was made under
the proposition that the City provide the services on a cost basis.
The officers of the Association have diligently attempted
to obtain private contractual services. However, beach sanitizers
are not a common item of equipment and they have not been able to
meet their needs through this source. The General Services Depart-
ment has made a trial run on the beach to determine the feasibility
of using this large equipment on the beach and also to determine the
amount of time required. We have also surveyed other private com-
munity beaches to determine what problems might arise as a result
of setting a precedent and receiving numerous such requests. As a
result of these studies, the following has been determined.
1) This is the only private community beach which can
be physically cleaned by the large beach sanitizers owned
by the City.
2) It is possible to clean approximately 758 of the
beach with City equipment.
3) It is possible to accommodate the Bay Shores Com-
munity Association request without affecting the City's
ability to clean its own beaches.
4) It will cost approximately $30 to $35 to clean the
beach each time based on labor, materials and depreciation.
In view of the foregoing, in the interest of good community
relations and in the interest of helping to reduce litter in the bay,
it would appear logical to grant the request.
HLH:mm HARVEY L. HURLBURT
CITY
OF
NEWPORT
BEACIR
OFFICE
OF
THE CITY
MANAGER
TO: MAYOR AND CITY COUNCIL
FROM: City Manager
SUBJECT: BEACH CLEANING SERVICES FOR BAY
RECOMMENDATION:
March 24, 1969
pOSITIO.
Ch
SHORES COMMUNITY BEAC
Authorize the General Services Department to provide
mechanized beach cleaning services for the Bay Shores Community
Association beach on a contractual basis as specified in the at-
tached Hold Harmless Agreement.
DISCUSSION•
During the past few years the City has received a series
of inquiries from the Bay Shores Community Association relative to
the possibility of the City cleaning the Community beach with the
City beach cleaner. The initial requests for free services were
denied for obvious reasons. The most recent request was made under
the proposition that the City provide the services on a cost basis.
The officers of the Association have diligently attempted
to obtain private contractual services. However, beach sanitizers
are not a common item of equipment and they have not been able to
meet their needs through this source. The General Services Depart-
ment has made a trial run on the beach to determine the feasibility
of using this large equipment on the beach and also to determine the
amount of time required. We have also surveyed other private com-
munity beaches to determine what problems might arise as a result
of setting a precedent and receiving numerous such requests. As a
result of these studies, the following has been determined.
1) This is the only private community beach which can
be physically cleaned by the large beach sanitizers owned
by the City.
2) It is possible to clean approximately 758 of the
beach with City equipment.
3) It is possible to accommodate the Bay Shores Com-
munity Association request without affecting the City's
ability to clean its own beaches.
4) It will cost approximately $30 to $35 to clean the
beach each time based on labor, materials and depreciation.
In view of the foregoing, in the interest of good community
relations and in the interest of helping to reduce litter in the bay,
it would appear logical to grant the request.
HLH:mm HARVEY L. HURLBURT
r
L._.
epa
TO:
City Manager
DATE:` Mareh l8,
1969
>:
=. FROM:
City Attorney
SUBJECT:
Hold U mless Agreemu `
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