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