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HomeMy WebLinkAboutC-2074 - Berthing of Two Lifeguard Rescue Boats (Agreement)RESOLUTION NO. 1 1 0 7'0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH REQUESTING THAT THE ORANGE COUNTY BOARD OF SUPERVISORS CONSIDER AMENDING FUTURE AGREEMENTS FOR THE BERTHING OF NEWPORT BEACH LIFEGUARD RESCUE BOATS BY MAKING THE TERMS THEREOF FOR THREE YEARS INSTEAD OF TWO YEARS AND RESCINDING RESOLUTION NO. 969 WHEREAS, on February 12, 1979, the City Council of the City of Newport Bech adopted Resolution No. 9513 authorizing the Mayor and City Clerk to enter into a one -year agreement with the County of Orange in connection with the berthing of City lifeguard rescue boats at the Orange County Harbors, Beaches and Parks Districts' Facilities; and WHEREAS, on November 12, 1979, the City Council of the City of Newport Beach adopted Resolution No. 9679 requesting the Orange County Board of Supervisors to consider amending future agreements between the City of Newport Beach and the County of Orange for the berthing of City lifeguard resuce boats, by making the terms thereof for two years instead of one year; and WHEREAS, the present agreement between the City and County will expire on December 31, 1981; and WHEREAS, the Marine Director has recommended that in an effort to minimize both City and County staff time, subsequent agreements for the berthing of lifeguard rescue boats at the County's facilities be entered into for three -year periods; an.i WHEREAS, all requests for Orange County Board of Supervisors' consideration by outside agencies require a resolution of said agency. • 0 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newport Beach hereby requests that the Orange County Board of Supervisors consider amending future agreements between the City of Newport Beach and the County of Orange, for the berthing of City.lifeguard rescue boats, by making the terms thereof for three years instead of one year. BE IT FURTHER RESOLVED that Resolution No. 9679 be and hereby is rescinded. ADOPTED this _ day of OCT 13 1981. ATTEST: City Clerk 10/13/81 pr 2 Mayor a 0 C) F G E ENVIRONMENTAL MANAGEMENT AGENCY PUBLIC WORKS 400 CIVIC CENTER DRIVE WEST SANTA ANA, CALIFORNIA (714) 834 -2300 Mr. David Harshbarger FEB 1 1932 Marine Director 3300 Newport Boulevard Newport Beach, California Dear Mr. Harshbarger: 92633 MURRAY STORM DIRECTOR, EMA C. R. NELSON DIRECTOR OF PUBLIC WORKS MAILING ADDRESS: P.O. BOX 4048 SANTA ANA, CA 92702 FILE MS71.420 Attached please find three copies of an amendment to the General Use Agreement between the City of Newport Beach and the Orange County Harbors, Beaches and Parks District. The amendment will enable Newport Beach continued use of two District boat slips at the Newport Harbor Patrol facility for mooring lifeguard patrol boats. Note that the term of the extension is. three years. Please forward this amendment to the appropriate city officials for execution, returning the original and two copies to EMA Recreation Facilities, 10852 Douglass Road, Anaheim, California, 92806. Thank you for your concern and cooperation in furthering the use of these facilities. JM: djh Attachment: Agreement Very truly yours, K. F. Brittain, Manager Recreation Facilities 41 r2LU yr' �� CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92663 -3884 OFFICE OF THE CITY CLERK (714) 640 -2251 February 17, 1982 Environmental Management Agency Public Works 400 Civic Center Drive West Santa Ana, CA 92702 Attn: K.F. Brittain, Mgr. Recreation Facilities Dear Mr. Brittain: Enclosed are three copies of the amendment to the General Use Agreement between the City of Newport and the Orange County Harbors, Beaches and Parks District. Please execute and return one of the copies of the General Use Agreement for our records to the City Clerk's office of Newport Beach. Thank you for your attention. Sincerely, Wanda E. Andersen City Clerk WEA:lr enc. cc: Dave Harshbarger, Marine Director 3300 Newport Boulevard, Newport Beach MINUTES OF THE BOARD OF SUPERVISORS OF ORANGE COUNTY, CALIFORNIA March 9, 1982 IN RE: AHFP AGREEMENT EDWARDS STREET CITY OF WESTMINSTER On motion of Supervisor Riley, duly seconded and unanimously carried by Board members present, the Clerk of the Board, on behalf of the Board of Supervisors, is authorized to execute the AHFP Project Administration Agreement, dated March 9, 1982, between the County of Orange and the City of Westminster for construction of Edwards Street between Bolsa Avenue to the San Diego Freeway, Project No. 1028. IN RE: AHFP AGREEMENT BLOOMFIELD STREET CITY OF LOS ALAMITOS On motion of Supervisor. Riley, duly seconded and unanimously - carried by Board members present, the Clerk of the Board, on behalf of the Board of Supervisors, is authorized to execute the AHFP Project Administration Agreement, dated March 9, 1982, between the County of Orange and the City of Los Alamitos for construction of Bloomfield Street between Ball Road and the northerly City limits, Project No. 1050. IN RE: AMENDMENT NO. 1 TO GENERAL USE AGREEMENT NEWPORT HARBOR BOAT SLIPS CITY OF NEWPORT BEACH On motion of Supervisor Riley, duly seconded and unanimously carried by Board members present, the Clerk of the Board, on behalf of the Board of Supervisors, is authorized to execute Amendment No. 1, dated March 9, 1982, to Agreement No. D81 -123, dated December 15, 1981, between the Orange County Harbors, Beaches and Parks District and the City of Newport Beach for City's continued use of two boat slips at Newport Harbor for mooring City's lifeguard patrol boats. RECEIVED MAR 12 1982 ®F10134.3 (12/16) 1 2 3 I� • Agrcement No. D81 -123 AWNIVENT NO. 1 TO ACRES TIENT This Agreement Amendment is made and entered into this % day of 1982, by and between the City of Newport Beach, a municipal corporation, hereinafter referred to as "CITY" and the Orange County harbors, Beaches and Parks District, hereinafter referred to as "DISTRICT ", for the mutual benefit and promises contained herein: RECITALS: IVIIERIAS, CITY and DISTRICT entered into an agreement on the 27th day of March, 1979, for the purpose of maximizing the efficiency within CITY's lifeguard program through utilization of DISTRICT's dock facilities; and WHEREAS, CITY and DISTRICT extended said agreement on the 29th day of January, 1980, for a period of two years; and II.IEREAS, CITY has requested that term of agreement again be extended; NOV, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Paragraph III, page 2 is hereby amended, modified and altered to read Has follows: TII DISTRICT reserves the right to enter into similar agreements with other agencies and groups for the use of said dock facilities. The term of this agreement amendment is from date of execution through December 31, 1984, except that this agreement may be extended or modified as mutually agreed by parties hereto. Any other provisions herein to the contrary not withstanding, it is agreed that this agreement shall terminate sixth (00) days after written notice of intent to terminate which may be given by either party to the other party of the agreement. All other items and conditions of the agreement shall remain in full force and effect. :' lI 111 IN WITNESS MIEREOF, the parties have executed this amendment on the dates 2 II set forth below. 3 F1 6 7 8 9 10 11 12 13 14 HARBORS, BEACHES AND PARKS DISTRICT Date: ft) a)-, Q� I 9 ff7i BY_ha j o����t/�V� Chai n of the Board of Supervisors o Orat County, California, acting as the Governing Board of the Orange County Harbors, Beaches and Parks District. Signed and certified that a copy of this document has been delivered to the Chairman of the Board. U JUNE ALEXANDER Clem of the Board of Supervisors of Orange County, California 15 II Date: 16 17 II ATTEST: 18 19 Dated 20 21 Citv Clerk 22 23 24 25 Date: l lln4 26 /// APPROVED AS TO FORA: ADRIAN hTJ) -PER, COUINFY COUNSEL Deputy -- CITY 01: NEWPORT BEACH, a municipal corporation / f '—� Mayor APPROVED AS TO FORM: BY Citv Attornev Oat NOV 12 1979 CITY OF NEWPORT BEACH MARINE DEPARTMENT sl t6 CITY COUNCIL November 12, 1979 C" OF B4WlM YGACH TO: MAYOR AND CITY COUNCIL ITEM NO.:H -2L FROM: Marine Director SUBJECT: Art?FFi M XTENSION FOR ORANGE COUNTY HARBOR, BEACHES, ND PARK FACILITY Recommendation If desired, adopt Resolution No. requesting the Orange County Board of Supervisors to extend last year's agreement for a two year period. Discussion The City of Newport Beach and the Orange County Harbor, Beaches, and Parks District entered an agreement in January of 1979 whereby the Harbor District provided berthing for City lifeguard boats without charge. In turn, the City agreed to maintain the assigned two slips and one side tie in a clean manner and at a level of maintenance acceptable to the Director, Environmental Management Agency, or his authorized representative. The Marine Department has been berthing lifeguard boats at the Orange Harbor, Beaches, and Parks facility, Harbor Patrol slips since 1958 by oral agreement. Written agreement is to formalize oral arrangements and provide an audit trail for the County in their use of Harbor District facilities. The request for a two year period instead of one year will save City and County staff time by not having to bring this matter back each year. The purpose of the attached Resolution is to agendize this request for the Board of Supervisors' consideration. Requests to the Board of Supervisors from outside agencies require, as in this case, City Council authorization. If the County Board of Supervisors reapprove last year's agreement with an amendment for a 2 year period, the formal agreement will be brought back to the City Council for execution. Dave Harshbarger / Marine Director )li: riw a CITY OF N4 PORT BEACH .: CALIFORNIA City Hal 3300 W. Newport Blvd. Area Code 714 DATE May 1, 1980 TO: FINANCE DIRECTOR FROM: City Clerk SUBJECT: Contract No. 2074 Description of Contract Berthing of Lifeguard Rescue Boats Authorized by Resolution No. 9679 , adopted on November 12, 1979 Effective date of Contract January 29. 1980 Contract with Orange County Harbors, Beadles and Parks District Address Cbumty of orange Environmental Management Agency , Developnmt Division 400 Civic Center Drive West, Santa Ana, CA Amount of Contract see contract City lerc >w ::i t MINUTES OF THE BOARD OF SUPERVISORS OF ORANGE COUNTY, CALIFORNIA January 29, 1980 IN RE: PROPOSED SIDEWALKS 'CRESCENT AVENUE AND WALKER STREET TRAFFIC COMMITTEE MINUTES ITEM E CONTINUED On motion of Supervisor Clark, duly seconded and unanimously carried, consideration of Item E of the Traffic Committee Minutes of the meeting of November 16, 1979, proposed sidewalks on Crescent Avenue and Walker Street, is continued to January 30, 1980. IN RE:. TRAFFIC.COMMITTEE MINUTES MEETING OF NOVEMBER 16, 1979 On motion of Supervisor Anthony, duly seconded and unanimously carried, Items Nos. A, H and I(2) of the Traffic Committee Minutes of the meeting of November 16, 1979 are approved and the Director of the Environmental Management Agency is authorized to carry out the recommendation's of the Traffic Committee. IN RE: AGREEMENT NEWPORT HARBOR BOAT SLIPS CITY OF "NEWPORT BEACH On motion of Supervisor Anthony, duly seconded and unanimously carried, the Clerk of the Board, on behalf of the Board of Supervisors, is authorized to execute the Agreement, dated January 29, 1980, between the Orange County Harbors,'Beaches and Parks District and the City of Newport Beach for continued use of two boat slips at Newport Harbor for mooring city's lifeguard patrol boats. i (AF1013 -2.3 (12/76) I i j AGREEMENT BETWEEN CITY OF NEWPORT BEACH AND I 2 ORANGE COUNTY HARBORS, BEACHES AND PARKS DISTRICT 3 4 THIS AGREEMENT is made and entered into this �j' 9ij day of 5 19_60, by and between the City of NEWPORT BEACH, a municipal corporation, herein after j 6 referred to as "CITY" and the ORANGE COUNTY HARBORS, BEACHES AND PARKS DISTRICT, herein- ' 7 after referred to as "DISTRICT ". 8 RECITALS: 9 WHEREAS, CITY AND DISTRICT entered into an agreement on the 27th day of i i 10 March 1979 for the purpose of maximizing the efficiency within CITY's 11 lifeguard program through utilization of DISTRICT's regional facilities, and 12 WHEREAS, CITY AND DISTRICT now wish to amend said agreement to extend the term i 13 thereof; i 14 NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 15 1. Paragraph III, page 2 is hereby amended, modified and altered to read as i 16 follows: I 17 "DISTRICT reserves the right to enter into similar agreements with other 18 agencies and agroups for the use of said facilities. The term of this agreement is from 19 date of execution through December 31, 1981, except that this agreement may be extended 20 or modified as mutually agreed by parties hereto. Any other provisions herein to the 21 22 23 I 24 25 26 27 28 /// I 0 0 contrary not withstanding, it is agreed that this agreement shall terminate sixty (60) days after written notice of intent to terminate which may be given by either party to the other party of the agreement." ATTEST: City Clerk or ATTEST: June A xander Clerk of the Boa d of Supervisors of Orange Count , California APPROVED AS TO FORM: ADRIAN KUYPER, COUNTY COUNSEL By Deputy (v Z 7 Z CITY OF NEWPORT BEACH I I I BY Mayor t. i 'i SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DEti'v'i.! 10 THE CHAIRMAN OF THE EiAR 1 JUNE ALEXANDER Clerk of the Board of Supervisors County of Orange, California ORANGE COUNTY HARBORS, BEACHES AND PARKS DISTRICT n V f' By Chair an, Board of Supervisors -2- H. G. OSBORNE DIRECTOR C. R. NELSON ASSISTANT DIRECTOR DEVELOPMENT LINTY OF G E ENVIRONMENTAL MANAGEMENT AGENCY DEVELOPMENT DIVISION 400 CIVIC CENTER DRIVE WEST SANTA ANA, CA. Mr. David Harshbarger Marine Director 3300 Newport Boulevard Newport Beach, California 92663 Dear Mr. Harshbarger: FEB 1 .,, 1980 TELEPHONE: 834 -2300 AREA CODE 714 MAILING ADDRESS P.D. BOX4048 SANTA ANA, CA. 92702 RILE Attached please find your copy of an extension to the use agreement between the City of Newport Beach and the Orange County Harbors, Beaches and Parks District. The extension will enable Newport Beach continued use of two District boat slips at the Newport Harbor Patrol facility for mooring lifeguard patrol boats. Note that the term of the extension is two years. Thank you for your cooperation in the negotiation of this agreement. Very truly yours, K. F. Brittain, Superintendent Recreation Facilities PJ:sh Attachment: Amendment to Agreement cc: Lt. Harold Cage, Sheriff - Harbor Patrol r RfCEf1�F1i ��� MARINE EAR 15- 1380ew NE!'dpn',T SEtOH J� I OUIVTY OF 0,0 \ ~---/ , H. G. OSBORNE DIRECTOR C. R. NELSON ASSISTANT DIRECTOR DEVELOPMENT G E ENVIRONMENTAL MANAGEMENT AGENCY DEVELOPMENT DIVISION 400 CIVIC CENTER DRIVE WEST SANTA ANA. CA, Mr. David Harshbarger Marine Director 3300 Newport Boulevard Newport Beach, California 92663 Dear Mr. Harshbarger: FED 1 11 19D0 TELEPHONE: 834 -2?00 AREA CODE 714 MAILINu AODRE55 P.O. BOY 4048 SANTA ANA. CA. 92702 EILE Attached please find your copy of an extension to the use agreement between the City of Newport Beach and the Orange County Harbors, BeAciles and Parks District. The extension will enable Newport Beach continued use of two District boat slips at the Newport Harbor Patrol facility for mooring lifeguard Patrol boats. Note that the term of the extension, is two years. Thank you for your cooperation in the negotiation of this agreement. Very truly yours, L C K. F. Brittain, Superintendent Recreation Facilities PJ:sh Attachment: Amendment to Agreement cc: Lt. Harold Gage, Sheriff - Harbor Patrol FLT- _.1 CITY r of 4 RESOLUTION NO. 9 67 9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH REQUESTING THAT THE ORANGE COUNTY BOARD OF SUPERVISORS CONSIDER AMENDING FUTURE AGREEMENTS FOR THE BERTHING OF NEWPORT BEACH LIFEGUARD RESCUE BOATS BY MAKING THE TERMS THEREOF FOR TWO YEARS INSTEAD OF ONE YEAR WHEREAS, on February 12, 1979, the City Council of the City of Newport Beach adopted Resolution No. 9513 autho- rizing the Mayor and City Clerk to enter into a one -year agreement with the County of Orange in connection with the berthing of City lifeguard rescue boats at the Orange County Harbors, Beaches and Parks District's facilities; and WHEREAS, the Marine Director has recommended that, in an effort to minimize both County and City staff time, subsequent agreements for the berthing of lifeguard rescue boats at the County's facilities be entered into for two -year periods; and WHEREAS, all requests for Orange County Board of Supervisors' consideration by outside agencies require a resolution of said agency, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newport Beach hereby requests that the Orange County Board of Supervisors consider amending future agreements between the City of Newport Beach and County of Orange for the berthing of City lifeguard rescue boats by making the terms thereof for two years instead of one year. ATTEST: ty e ADOPTED this 12th day of November 1979. Mayor .::M kv 11/6/79 • CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK (714) 640 -2251 November 19, 1979 Kurt Brittian 10852 rouglas Road Anaheim, Ca. 92806 Enclosed is a certified copy of Resolution No. 9679, requesting that the Orange County Board of Supervisors consider amending future agrec3nents for the berthing of Newport Beach Lifeguard Rescue Boats by making the terns for two years instead of one year. This resolution was adopted by the City Council on November 12, 1979. DDRIS GEORGE City Clerk DG:m w I i City Hall • 3300 Newport Boulevard, Newport Beach, California 92663. MARINE DEPARTMENT FEB 12 1,974 Feb6Xaa QTY �WNCIL ITEM NO.: H -2(n) CITY OF NRWFORT BEACH TO: MAYOR AND CITY COUNCIL FROM: Marine Department SUBJECT: AGREEMENT FOR LIFEGUARD BOAT BERTHING AT ORANGE COUNTY HARBORS, BEACHES ANII PARKS FACILITY ON BAYSIDE DRIVE Recommendation If desired, adopt Resolution # authorizing the Mayor and City Clerk to execute the attached Agreement prepared by the County of Orange Environmental Management Agency. Discussion The Agreement under consideration is between the County of Orange, Harbors, Beaches and Parks District and the City of Newport Beach. The Agreement provides berthing for the three City lifeguard boats at the Orange County Sheriff Harbor Patrol facilities at 1901 Bayside Drive. The County Harbors, Beaches, and Parks District has agreed to provide berthing for city lifeguard boats without charge. In turn the City agrees to maintain the assigned two slips and one side -tie in a clean manner and at a level acceptable to the Director, Environmental Management Agency or his authorized representative. The City Marine Department has been berthing lifeguard boats at the Orange County Sheriff Harbor Patrol facility since 1958 by an oral agreement. The purpose of the written agreement is to formalize oral arrangements and provide an audit trail for the use of Harbor District facilities. David Harshbarger, Director Marine Department DH: 11 Attachments 0 �C ©r H. G. OSBORNE DIRECTOR C. R. NELSON ASSISTANT DIRECTOR DEVELOPMENT UN-rY ®F ICE ENVIRONMENTAL MANAGEMENT AGENCY DEVELOPMENT DIVISION 400 CIVIC CENTER DRIVE WEST SANTA ANA, CA. JAN 18 1979 TELEPHONE: 834 -2300 AREA CODE 714 MAILING ADDRESS P.O. ROx 1078 SANTA ANA, CA. 92702 FILE NP - Agreement Mr. Dave Harshbarger, Director City of Newport Beach Marine Department 3300 Newport Boulevard Newport Beach, California 92663 Dear Mr. Harshbarger: Enclosed find three copies of the proposed general use agreement for two boat slips at Newport Harbor between the Orange County Harbors, Beaches and Parks District and the City of Newport Beach. Please have all three copies of the agreement executed by the appropriate city representative and returned to this office. Please contact Kurt Brittain, Recreation Facilities Superintendent, at 834 -7084 if you have any questions. RO:mw Attachments I Very truly yours, F. A. Feezel ,, Manager Public Facilities Operations 1 AGREEMENT BETWEEN CITY OF NEWPORT BEACH AND I ORANGE COUNTY iiARBORS, BEACHES AND PARKS DISTRICT 3 + THIS AGREEMENT is made and entered into this day of 4 1979, by and between the City of Newport Beach, municipal corporation, hereinafter 5 referred to as "CITY ", and the Orange County Harbors, Beaches and Parks District, 6 hereinafter referred to as "DISTRICT ", for the mutual benefit and promises contained 7 herein. 8 RECITALS: 9 WHEREAS, DISTRICT is the owner & operator of docks at Newport Harbor which lies 10 partially or totally within the limits of CITY, and 11 WHEREAS, CITY provides lifeguard service for CITY'S residents, as well as 12 DISTRICT'S residents, and 13 WHEREAS, DISTRICT'S moorings facilities at said facilities can be utilized by CITY 14 to moor lifeguard fleet, and 15 WHEREAS, CITY AND DISTRICT are desirous of maximizing the efficiency within CITY'S 16 lifeguard program through utilization of DISTRICT'S Regional Facilities, i7 NOW, THEREFORE, be it resolved that the parties hereto do agree as follows: 18 1 19 DISTRICT will provide two boat slips at the Newport Harbor Patrol Facility for the 20 purpose of mooring CITY'S lifeguard patrol boats. CITY shall maintain assigned slips in 21 a clean manner and at a level acceptable to the Director, Environmental Management 22 Agency or his authorized representatives. 23 11 24 This agreement is for use of existing facilities only. The CITY shall not construc 25 improvements or alter existing facilities without prior written approval by the 26 Director, Environmental Management Agency. DISTRICT will not provide or construct 27 any new facilities nor upgrade existing facilities as a result of this agreement. 28 // 3 0 III DISTRICT reserves the right to enter into similar agreements with other agencies and groups for the use of said facilities. The term of this agreement is from date of execution through December 31, 1979, except that this agreement may be extended or modified as mutually agreed by parties hereto. Any other provisions herein to the contrary not withstanding, it is agreed that this agreement shall terminate sixty (60) days after written notice of intent to terminate which may be given by either party to the other party of the agreement. IV CITY shall indemnify and save harmless the County of Orange, Orange County Harbors,) Beaches and Parks District from all claims for damages arising from the negligent acts of omission of CITY, its officers, agents, or employees. 2 2 3 4 5 6 7 8 9 10 11' 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 V For the express purposes and mutual benefits stated herein the parties hereto have caused the respective governing bodies to execute this agreement. ATTEST: CITY OF NEWPORT BEACH City Clerk APPROVED AS TO FORM: City Attorney ATTEST: June Alexander Clerk of the Board of Supervisors of Orange County, California APPROVED AS TO FORM: ADRIAN KUYPER, COUNTY COUNSEL By ., Deputy /6-7 `l 3 By Mayor ORANGE COUNTY HARBORS, BEACHES AND PARKS DISTRICT By Chairman, Board of Supervisors a 6L FEB 12 1g7q By tho CITY COUNCIL CITY OF NWVPORT BF.ACH 0 ! J) P4 RESOLUTION NO. 9. 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 COUNTY OF ORANGE IN CONNECTION WITH BERTHING THE LIFEGUARD RESCUE BOATS AT THE ORANGE COUNTY HARBORS, BEACHES AND PARKS DISTRICT'S FACILITIES 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 County of Orange in connection with berthing the lifeguard rescue boats at the Orange County Harbors, Beaches and Parks District's facilities; 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 12th ATTEST: City Clerk day of February , 1979. Mayor DDO /kb 2/6/79 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24'' 25 26 27 28 046 AGREEMENT BETWgEN CITY OF NEWPORT BEACH AND ORANGE COUNTY HARBORS, BEACIIFS AND PARKS DISTRICT THIS AGREEMENT is made and entered into this °" day of 1979, by and between the City of Newport Beach, municipal corporation, hereinafter referred to as "CITY ", and the Orange County Harbors, Beaches and Parks District, hereinafter referred to as "DISTRICT ", for the mutual benefit and promises contained herein. RECITALS: WHEREAS, DISTRICT is the owner 6 operator of docks at Newport Harbor which lies partially or totally within the limits of CITY, and WHEREAS, CITY provides lifeguard service for CITY'S residents, as well as DISTRICT'S residents, and WHEREAS, DISTRICT'S moorings facilities at said facilities can be utilized by CITY to moor lifeguard fleet, and WHEREAS, CITY AND DISTRICT are desirous of maximizing the efficiency within CITY' lifeguard program through utilization of DISTRICT'S Regional Facilities, NOW, THEREFORE, be it resolved that the parties hereto do agree as follows: I DISTRICT will provide two boat slips at the Newport Harbor Patrol Facility for the purpose of mooring CITY'S lifeguard patrol boats. CITY shall maintain assigned slips in a clean manner and at a level acceptable to the Director, Environmental Management Agency or his authorized representatives. II This agreement Is for use of eAisting facilities only. The CITY shall not construe improvements or alter existing facilities without prior written approval by the Director, Environmental Management Agency. DISTRICT will not provide or construct any new facilities nor upgrade existing facilities as a result of this agreement. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 III #40 DISTRICT reserves the right to enter into similar agreements with other agencies and groups for the use of said facilities. The term of this agreement is from date of execution through December 31, 1979, except that this agreement may be extended or modified as mutually agreed by parties hereto. Any other provisions herein to the contrary not withstanding, it is agreed that this agreement shall terminate sixty (60) days after written notice of intent to terminate which may be given by either party to the other party of the agreement. Iv CITY shall indemnify and save harmless the County of Orange, Orange County Harbors Beaches and Parks District from all claims for damages arising from the negligent acts of omission of CITY, its officers, agents, or employees. I11 2 z 1 2 3 4 5 7 w 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 V For the express purposes and mutual benefits stated herein the parties hereto have caused..the respective governing bodies to execute this agreement. ATTEST: CITY OF NEWPORT 'BEACH / CC tyC AYPROVED.AS TO FORM: -J�-/ , w - ab City`: torney tiyT. ATTEST: June Alexander Clerk of the Board of Supervisors of Orange County, California APPROVED AS TO F0101: ADRIAN KUYPER, COUNTY COUNSEL l� �l By i.,. h.C..- 1c' Deputy By Mayo — ORANGE COUNTY HARBORS, BEACHES AND PARKS DISTRICT By Chairman, Board of Supervisors 46 40 RESOLUTION NO. 9 S 13 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 COUNTY OF ORANGE IN CONNECTION WITH BERTHING THE LIFEGUARD RESCUE BOATS AT THE ORANGE COUNTY HARBORS, BEACHES AND PARKS DISTRICT'S FACILITIES 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 County of Orange in connection with berthing the lifeguard rescue boats at the Orange County Harbors, Beaches and Parks Districts facilities; 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 12th day of February , 1979. Mayor ATTEST: City Clerk DDO /kb 2/6/79 February. 16, 1979 04 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK (714) 640 -2251 Environmental Management Agency 400 Civic Center Drive West P. 0. Box 1078 Santa Ana, CA 92702 Attention: F. A. Feezell Dear Mr. Feezell, Enclosed please find three copies of the agreement for two boat slips at Newport Harbor between the Orange County Harbors, Beaches and Parks District and ourselves. This agreement was adopted by the City Council of the City of Newport Beach on February 12, 1979 by Resolution No. 951.3. Please have all three copies of the agreement executed by the appropriate representatives and return one copy to our office. DORIS GEORGE City Clerk DC:ct Encl.. cc: Marine Department City 11 ""ll o 5300 'Newport Boulevard, Newport Beaclt, California 920563 N. G. OSSORNE DIRECTOR C. R. NELSON ASSISTANT DIRECTOR DEVELOPMENT UNTY OF IGE ENVIRONMENTAL MANAGEMENT AGENCY DEVELOPMENT DIVISION 400 CIVIC CENTER DRIVE WEST SANTA ANA, CA. JAN 18 1978 Mr. Dave Harshbarger, Director City of Newport Beach Marine Department 3300 Newport Boulevard Newport Beach, California 92663 Dear Mr. Harshbarger: TELEPHONE'. 934 -2300 AREA CODE 714 MAILING ADDRESS P.D. Box 1076 SANTA ANA, CA. 92702 FILE NP - Agreement Enclosed find three copies of the proposed general use agreement for two boat slips at Newport Harbor between the Orange County Harbors, Beaches and Parks District and the City of Newport Beach. Please have all three copies of the agreement executed by the appropriate city representative and returned to this office. Please contact Kurt Brittain, Recreation Facilities Superintendent, at 834 -7084 if you have any questions. Very truly yours, D L/ ti �f F. A. Feezel , Manager Public Facilities Operations RO:mw Attachments