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HomeMy WebLinkAboutC-1632 - Mutual use of sailboats.�► CITY OF W • Rsn it CALIFORNIA DATE June 3, 1974 TO: FINANCE DIRECTOR FROM: City Clerk SUBJECT: Contract No. 1632 City Hall 3300 W. Newport Blvd. Area Code 714 673 -2110 Description of Contract Mutual Use of Sailboats Authorized by Resolution No. 8258 , adopted on May 28, 1974 Effective date of Contract May 289 1974 Contract with Coast Comnaiity College District Address 1370 Adams Avenue Costa Mesa, CA 92626 Amount of Contract --- city fte 0 May 31, 1974 Coast Community College DistriA 1370 Adams Avenue Costa Mesa, CA 92626 Subject: Agreement between the Coast Community College District and the City of Newport Beach for mutual use of sailboats Enclosed are two fully executed copies of subject agreement. The City Council authorized this agreement on May 28 by the adoption of Resolution No. 8258. We have retained the original for our official files. Laura Lagios, C.M.C. City Clerk LL:dg Encl. (2) cc: PB&R Director (w /agreement) City Attorney (w /agreement) t 0 AGREEMENT • je/ t THIS AGREEMENT is made and entered into this h day of May , 1974, 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." W I T N E S S E T H WHEREAS, both parties conduct classes in sailing; and WHEREAS, CITY is the owner of ten Sabot sailboats; and 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 sailboats 1 2q R- owned by COLLEGE DISTRICT for the period commencing on the- €ii-s t day of Y(� ,JVN6 21 3T Jtt+7, 1974 and ending on the 2-3i-d day of August, 1974, to be used for the purpose of providing sailing instruction. 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, 1974 and ending on the 15th day of June, 1975, 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. 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 used. 5. Both parties further agree as follows: Page 2 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 condition. 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 or damages 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 days prior to the effective date of that termination. Page 3 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. IZO APPROVED AS TO FORM: l i ty torney :z CITY OF NEWPORT BEACH Mayor M Clerk COAST COMMUNITY COLLEGE DISTRICT BY 32 w � a oast Community c1lege district 1370 ADAMS AVENUE COSTA MESA CALIFORNIA 92626 NORMAN E. WATSON - CHANCELLOR 9 May 1974 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 calling for the City's use of district -owned Shields and the college district's use of ten (10) Sabot sail- boats owned by the City. I would greatly appreciate your taking the necessary steps to provide the college district with a certificate of insurance naming us as the additional insured. I have asked Mr. Moureaux, Jay and Renfro, Newport Beach, to issue a certificate of insurance to the City of Newport Beach. If you should have any questions, please give me a call. a . Thomp n Executive Vice Chancellor Business Affairs CJT /sak attchmt. cc: Mr. Dave Grant, Orange Coast College ORANGE COAST COLLEGE IS GOLDEN WEST COLLEGE COSTA MESA HUNTINGTON BEACH "1' 7 C RESOLUTION NO. 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 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, and in the best interests of the City; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that said agreement above described 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 28th day of May, 1974. Mayor ATTEST: City Clerk mh 5/22/74