Loading...
HomeMy WebLinkAboutC-1758 - Supply boats for sailing programCITY OF NEWPORT BEACH PARKS, BEACHES & RECREATION DEPARTMENT SGT 141975 Sy the CITY COUNCIL CITY OF Mi�&4* T NWh October 1, 1975 TO: CITY CLERK FROM: Parks, Beaches & Recreation Department SUBJECT: AGREEMENTS WITH COAST CATAMARAN AND HOBIE NEWPORT The City Council has adopted two Resolutions authorizing the Mayor and City Clerk to execute agreements with the subject companies to provide boats for the City's sailing program. I am forwarding those agreements to you unsigned because they have never been consumated. Prior to the start of the Fall sailing classes other arrangements were made for boats to be used in the City program and the provision of boats by Coast Catamaran and Hobie Newport was not necessary. Would you please take whatever steps are necessary to invalidate the two Council Resolutions. CCS:dm CALVIN C. STEWART H -7 lam-) A G R E E M E N T THIS AGREEMENT is made and entered into this day of , 1975, by and between the CITY OF NEWPORT BE CH, a municipal corporation, hereinafter referred to as "CITY ", OBIE NEWPORT, hereinafter referred to as "HOBIE ", and RITCHIE MOO , d /b /a "POWERED BY NATURE, CHILDRENS' OUTDOOR RECREATION PRCPRAM," hereinafter referred to as " MOORE" W I T N E S S E T H WHEREAS \instruc has offered to supply CITY with three (3) catamaran saito be used in the City's recreation sailing program; WHEREASdesires to accept HOBIE'S offer of the boats for its recsailing program; and WHEREASgrees that instructors hired by it will maintain the boata onably good condition; and WHEREASan HOBIE understand and agree that MOORE, as a contractor aruc or for the City, will be liable for any damage done to sa boat WHEREAS, CITY agrees to provide liability insurance to protect HOBIE against bodily in ury and property damage claims I arising out of the City's recrea ion sailing program in connection with said sailboats. NOW, THEREFORE, in consideration of these premises, it is hereby agreed by and between the parties hereto that: 1. CITY shall have the exclusive use of three (3) catamaran sailboats owned by HOBIE to be used in the City's recreation sailing program. 2. MOORE will be responsible for any loss of or damage to any sailboat or equipment thereon during the period when said sailboats are used in the City's recreation sailing program. 3. CITY agrees to indemnify and hold HOBIE harmless from any and all liability or damage arising out of injury to persons or property while CITY is using HOBIE catamaran sailboats, and CITY shall name HOBIE as an additional insured on its third party liability insurance policy. 4. This agreement shall remain in effect until September 1, 1976, unless sooner terminated by either CITY or HOBIE as provided herein. Renewal of this agreement shall be automatic for additional periods of one (1) year each but in no event shall this agreement be extended for a total period beyond twenty -five (25) years. CITY and HOBIE reserve the right to terminate this agreement with or without cause and at any time upon giving thirty (30) days prior written notice. 5. Upon termination of this agreement, CITY shall return said sailboats to HOBIE. IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day and year first above written. ATTEST: City Clerk APPROVED AS TO FORM: W( ity Attorney -2- CITY OF NEWPORT BEACH (CITY) By r HOBIE NEWPORT ( HOBIE) M By RITCHIE MOORE, d /b /a "POWERED BY NATURE, CHILDRENS' OUTDOOR RECREATION PROGRAM" (MOORE) By i RESOLUTION NO. R Ci 7 R 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, HOBIE NEWPORT AND ;wp J RITCHIE MOORE TO PROVIDE BOATS AND SAILING INSTRUCTION FOR THE CITY'S RECREATION SAILING PROGRAM WHEREAS, there has been presented to the City Council of the City of Newport Beach a certain agreement between the City of Newport Beach, Hobie Newport and Ritchie Moore to provide catamaran sailboats and sailing instruction for use in the City's recreation sailing program; 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 ATTEST: ty AUG 5 day of , 1975. Mayor DDO /bc 8/14/75