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HomeMy WebLinkAboutC-1545 - Mutual use of sailboatsCITY OF NEWPORT BEACH o m CALIFORNIA City Hall 3300 W. Newport Blvd. Area Code 714 673 -2110 DATE July 31, 1973 TO: FINANCE DIRECTOR FROM: City Clerk SUBJECT: Contract No. 1545 Description of Contract g1tual Use of $ailbodts AgrewAnt Authorized by Resolution No. AM , adopted on 6 -25-73 Effective date of Contract .t,il y 9, 1973 Contract with (,-Ant O=mity 0211M District Address 1-2-7n AA. e.ra ,. Amount of Contract ed Haimless ts/ineurence city leik 0 A G R E E M E N T • I THIS AGREEMENT is made and entered into this PI. day of .aC)/,-, , 1973, by and between the CITY OF NEWPORT BEACH, a municipal corporation, hereinafter referred to as "CITY," and the COAST COMMUNITY COLLEGE DISTRICT, hereinafter referred to as "COLLEGE DISTRICT." and and W I T N E S S E T H: WHEREAS, both parties conduct classes in sailing; WHEREAS, CITY is the owner of ten Sabot sailboats; WHEREAS, COLLEGE DISTRICT is the owner of two Shields sailboats; and WHEREAS, it would be advantageous to both parties if their respective sailboats were utilized to the fullest extent. NOW, THEREFORE, IN CONSIDERATION of the premises it is hereby agreed by and between the parties hereto that: 1. The CITY shall have the use of two Shields sail- boats owned by COLLEGE DISTRICT for the period commencing on the first day of July, 1973 and ending on the 24th day of August, 1973, to be used for the purpose of providing sailing instruc- tion. During this period the CITY shall have the exclusive use of these sailboats. 2. COLLEGE DISTRICT shall have the use of ten Sabot sailboats owned by the CITY for the period commencing on the first day of September, 1973 and ending on the 15th day of June, 1974, for the purpose of providing sailing instructions. Throughout this period COLLEGE DISTRICT shall have the use of these sailboats during hours approved by the CITY. -1- • • 3. At all times when the CITY is using the Shields sailboats, it shall maintain an instructor in each sailboat. 4. At all times when COLLEGE DISTRICT is using the Sabot sailboats, it shall maintain instructors in the immediate area in which the sailboats are being used. 5. Both parties further agree as follows: a. That each party will be responsible for any and all damages to or loss of any sailboat or equipment which occurs during the period when the sailboat is under the jurisdiction of that party. b. That the sailboats used by each party shall be maintained in a clean, safe and orderly condi- tion. C. That, upon the termination of this Agreement, the sailboats shall be returned to their respective owners in as good a condition as when this Agreement was entered into. 6. CITY agrees to indemnify and hold COLLEGE DISTRICT harmless from any and all liability or damages arising out of injury to persons or property while CITY is using COLLEGE DISTRICT'S Shields sailboats. COLLEGE DISTRICT agrees to indemnify and hold CITY harmless from any and all liability arising out of injury to persons or property while COLLEGE DISTRICT is using CITY'S Sabot sailboats. 7. Either party may terminate this Agreement by serving a written notice of termination on the other party thirty (30) days prior to the effective date of that termination. -2- 0 0 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. APPROVED AS TO 'F . r� Ci y Attorney -3- CITY OF NEWPORT BEACH /� /rte_,._ Mayo 4 Clerk COAST COMMUNITY COLLEGE DISTRICT By: By Cl2 t CGSE� 7 July 13, 1973 Mr. Correllan J. Thompson Executive Vice Chancellor Business Affairs Coast Community College District 1370 Adams Avenue Costa Mesa, CA 92626 Enclosed are two fully executed copies of an agreement between the City of Newport Beach and the Coast Community College District for the mutual use of sailboats for sailing instructions. Laura Lagios, C. M. C. City Clerk LL:dg Encl. cc: PB&R w /agreement r- -I NORMAN E. WATSON - CHANCELLOR 28 June 1973 Cast Community ClIege district 1370 ADAMS AVENUE • COSTA MESA • CALIFORNIA 92626 Mr. Calvin C. Stewart, Director Parks, Beaches & Recreation Department CITY OF NEWPORT BEACH 3300 Newport Blvd. Newport Beach, CA 92660 Dear Mr. Stewart: Attached are four (4) copies of the agreement with the City of Newport Beach. Please return two (2) copies for our files. Sincer51y yours, J Correllan J. /fhompson Executive vice Chancellor Business Affairs CJT /sak attchmt. ORANGE COAST COLLEGE COSTA MESA GOLDEN WEST COLLEGE HUNTINGTON BEACH • i RESOLUTION NO. 8 0 2 9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND COAST COMMUNITY COLLEGE DISTRICT FOR THE MUTUAL USE OF SAILBOATS WHEREAS, there has been presented to the City Council of the City of Newport Beach a certain agreement between the City of Newport Beach and the Coast Community College District for the interexchange of the use of sailboats owned by each party; and WHEREAS, the City Council has considered the terms and conditions of said agreement and found them to be fair and equitable; NOW, THEREFORE, BE IT RESOLVED that said agreement is approved, and the Mayor and City Clerk are hereby authorized and directed to execute the same on behalf of the City of Newport Beach. ADOPTED this 25th day of June, 1973. Mayor ATTEST: City Clerk DON:sh 6/21/73