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HomeMy WebLinkAboutC-1715 - Mutual use of sailboatsr M � o m., CITY OF NEWPORT BEACH CALIFORNIA City Hall 3300 W. Newport Blvd. Area Code 714 673 -2110 T0: FINANCE DIRECTOR FROM: City Clerk SUBJECT: Contract No. 1715 Description of Contract Shared use of Shields Sailboats and Sabot Sailboats Authorized by Resolution No. 8499 , adopted on May 27, 1975 Effective date of Contract May 29, 1975 Contract with Coast Cammaiity College District Address 1370 Adams Avenue Costa Mesa, CA 92626 Pmount of Contract ity clerk , LI June 4, 1975 46 Parks, Beaches & Recreation Director Agreement with the Coast Community College District for shared use of Shields Sailboats and Sabot Sailboats. C -1715 Enclosed are two fully executed copies of subject agreement for transmittal to the College District, and an additional copy for your files. Mle City Council authorized said agreement on May 27 by the adoption of Pesolution No. 6499. Laura Lagios City Clerk LL:swk enc. i I NORMAN E. WATSON - CHANCELLOR 5 April 1975 6 Gast Community V district 1370 ADAMS AVENUE • COSTA MESA • CALIFORNIA 92626 Mr. Calvin C. Stewart, Director Parks, Beaches & Recreation Departnent C1'N OF NEWPORT BEACH 33 $ dewport Blvd. te;tport Beach, CA 92660 Dear Mr. Stewart: Attached are four (4) copies of the agreement with the City of 'iaw,nort Beach calling for the City's use of district- otined Shields and the college district's use of ten (19) Sabot sail- boats owned by the City. Please return two executed agreements for our file. I would greatly anpreciate 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. "bureaux, Jay & 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. Sincerely,, Correllan J. 'Thompson Executive Vice Chancellor Business ,Affairs CJT /fas attchlnt. cc: Mr. Dave Grant, Orange Coast College ORANGE COAST COLLEGE COSTA MESA 0 GOLDEN WEST COLLEGE HUNTINGTON BEACH 1 , A G R E E M E N T THIS AGREEMENT is made and entered into this ;i-4 7iS day of 114A%,,, , 1975, 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. CITY shall have the use of two Shields sailboats owned by COLLEGE DISTRICT for the period commencing on the 23rd day of June, 1975 and ending on the 29th day of August, 1975, to be used for the purpose of providing sailing instruction. During this period CITY shall have the exclusive use of these sailboats. 2. COLLEGE DISTRICT shall have the use of ten Sabot sail- boats owned by CITY for the period commencing on the first day of September, 1975 and ending on the 15th day of June, 1976, for the purpose of providing sailing instructions. Throughout this period COLLEGE DISTRICT shall have the use of these sailboats during hours approved by CITY. 3. At all times when CITY is using Shields sailboats, it shall maintain an instructor in each sailboat. 4. At all times when COLLEGE DISTRICT is using Sabot sail- boats, it shall maintain instructors in the immediate area in which the sailboats are used. r 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 equip- ment which occurs during the period when the sail- boat 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 respec- tive owners in as good a condition as when this Agreement was entered into. 6. CITY agrees to indemnify and hold COLLEGE DISTRICT harm- less 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 to the effective date of that termination. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. APPROVED AS TO FdRM: City Attorney TY OF NEWPORT BEACH Mayor Pro Tempo CITY COAST COMMUNITY COLLEGE DISTRICT By: 4xmei��= Correllan J. rOmPSOn Executive Vice Chancellor /Bus. Affs. By: DISTRICT 2 - :;it 2 ! iJ75 i By los CITY COUNCIL CITY OF 0Sws"f!a MF,4CH RESOLUTION NO. 8 49 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTe' AN AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND THE COAST COMMUNITY COLLEGE DISTRICT 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; 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 27th ATTEST: City Clerk day of May , 1975. Mayor DDO /bc 5/22/75