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HomeMy WebLinkAboutC-2012 - Catamaran sailing programCITY OF NEWPORT BEACH I CALIFORNIA City flail 3300 W. Newport Blvd. Area Code 714 DATE April 3, 1978 TO: FINANCE DIRECTOR FROM: City Clerk SUBJECT: Contract No. 2012 Description of Contract —Catamaran Sailing L*68=9 Authorized by Resolution No. 9304 adopted on March 27, 1978 Effective date of Contract April 5, 1978 Contract with Robie Newport Address 1700 West Coast Rghway Newport Beach, CA 92660 Amount of Contract see contract City Clerk lu 46 to April 5, 1978 Transmittal copy to PB&R Dept. this date. eg _A_G_R_E_E_M_E N_T_ THIS AGREEMENT is made and entered into this ,5- ZA, day of , 1978, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation, hereinafter referred to as "City ", and HOBIE NEWPORT, hereinafter referred to as " Hobie" W I T N E S S E T H: WHEREAS, HOBIE proposes to conduct catamaran sailing lessons as part of the City's recreation program; and WHEREAS, CITY believes that said sailing instructions would be beneficial for those wishing to take the course and would thereby enhance the City's overall recreation program. NOW, THEREFORE, in consideration of the following, the parties hereto agree as follows: HOBIE shall: 1. Provide five (5) Hobie catamarans (14 and 16 feet) for instructional purposes; 2. Be responsible for loss of,any damage to,and all maintenance of the boats or any equipment thereon; 3. Offer classes in basic, intermediate and advanced catamaran sailing; 4. Provide all students with a sailing manual; and # ft ft 5. Shall receive seventy -five percent (75 %) of the course registration fees. CITY shall: 1. Provide storage space for no more than five (5) catamarans used in the sailing program on the beach in front of Marinapark; 2. Establish and collect registration fees for the sailing program; and 3. Retain twenty -five percent (25 %) of the registration fees to cover administrative costs. TERM This agreement shall be for a period of one (1) year' commencing June,.l, 1977, and shall automatically be renewed; J. annually for a total maximum period of five (5) years unlessi'• sooner terminated as provided herein. TERMINATION This agreement may be terminated by either party with or without cause by giving thirty (30) days prior written notice of such intent to terminate. INDEMNITY HOBIE agrees to indemnify and hold CITY harmless from any and all liability or damage arising out of injury to persons or property which may occur during the course of conducting the sailing lessons. INSURANCE HOBIE shall, at all times during the term of this agreement, maintain in full force and effect, with respect to this agreement, a policy or policies of comprehensive liability -2- so insurance (bodily injury, including death and property damage) with minimum limits of Five Hundred Thousand Dollars ($500,000) combined single limit, naming the City and its officers, agents, and employees, as additional insured. This policy shall be primary and non - contributing with any other insurance available to the City of Newport Beach, and will include a severability of interest clause. If this policy is cancelled or materially altered so as to affect the coverages, at least thirty (30) days' prior written notice by registered mail of such cancellation or alteration will be sent to the City of Newport Beach, in care of the City Manager, 3300 Newport Boulevard, Newport Beach, California 92663. Said policy or policies shall be in a form satisfactory to City and certificates issued by the insuring company shall be submitted to City concurrently with the execution of this agreement. Certificates for each and any new or renewal policy or policies effective during the term of this agreement shall be submitted to City at least twenty (20) days prior to the effective date of such policy or policies. HOBIE shall obtain and maintain any necessary worker's compensation insurance for any person or persons employed by HOBIE to carry out the terms of this agreement, and shall provide City with a certificate evidencing such insurance coverage issued by an admitted insurer or a consent to self- insure issued by the State of California, Director of Industrial Relations. IN WITNESS WHEREOF, the parties hereto have executed -3- . 4 this agreement on the date first above written. ATTEST: i City Clerk APPROVED AS TO FORM: y tarn HOBIE NEWPORT DDO /bc 3/21/78 IFICATE OF INSURANCE�� — "� ,ED BY 'TYPE FULL NAME OF INSURING COMPANYI THE HOME INSURANCE COMPANY This is to Certify, that policies in the name of. r NAMED INSURED Hob4 e -New wit , and 1700 Weet Coast Hwy. ADDRESS Newport Beach, CA•Ec6onnea L are in forte a*- th_ date hereof, as follows: i THIS CERTIFICATE OF INSURANCE NEITHER AFFIRMATIVELY NOR NEGATIVELY AN,ENDS, EXTENDS OR ALTERS THE COVERAGE AFFORDE_ B-Y ANY POLICY DESCRIBED HEREIN. - POLICY LIMITS OF LIABILITY KIND OF INSURANCE POLICY NUMBER PERIOD BODILY INJURY PROPERTY DAMAGE WORKMEN'S Eff, Provided by Workmen's COMPENSATION I I IExp. Compensation Law —State of I NIL !COMPREHENSIVE I _ Eff.- S S 000 Each occurrence I GENERAL LIABILITY — - — - Exn _ . 500 .,000 Each occurrence S CSL ,000 Aggregate is I ` i S ,000 Aggregate MANUFACTURERS' AND Eff- S S ,000 Each occurrence I CONTRACTORS' LIABILITY I Exp. S ,000 Each Occurrence S ,ODD Aggregate OWNERS', LANDLORDS' I Elf. S S ,000 Each occurrence & TENANTS' LIABILITY I Exp. $ ,000 Each occurrence S ,000 Aggregate !CONTRACTUAL Elf. S S ,000 Each occurrence LIABI LITV I I Exp. S ,000 Each Occurrence S ,000 Aggregate AUTOMOBILE LIABILITY - ❑ Owned Automobiles Elf. S ,000 Each person S - ,000 Each Occurrence D Hired Automobiles Exp, S 000 Each Occurrence C3 Non -Owned Automobiles Elf.- • COMPREHENSIVE AUTO- S ,000 Each person S CSL .000 Each Occurrence MOBILE LIABILITY - - _ Exp' -' Elf. ,ODD Each Occurrence OTHER: Exp. I I RE: Sa,i,Cing SC,hoot to be he.Cd th)Lu Hobie Newpont in Newport Beach, Ca. In the event of cancellation of said policies or a reduction in the limits of liability, the company will endeavor to give written notice to the party to whom this certificate is issued, but failure to give such notice shall impose no obligation or liability upon the company. CERTIFICATE ISSUED TO: r City o6 Newport Beach , _ NAME Dept. o6 PoAU, Beach E Reneation 4 /i- j�; AND ADDRESS 3300 Newport BQvd. DATED Newpont Beach, Cat2i6onni-a t I I V TH ORIZEO REP RESERTA TI Vi MAR ?7 1978 By the CITY COUNCIL RESOLUTION NO. 9 304 CITY OF NOWOORI TEACH 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 HOBIE NEWPORT (CATAMARAN SAILING LESSONS) 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 Hobie Newport in connection with catamaran sailing lessons; and WHEREAS, the City Council has reviewed the terms and conditions of said agreement and finds them to be satisfactory and that it would be in the best interest of the City to authorize the Mayor and City Clerk to execute said agreement; 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 day of March , 1978. ATTEST: City Clerk DDO /bc 3/21/78