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HomeMy WebLinkAboutC-2159 - Sailing lessons at Orange Coast College Crew Base0 so THIS AGHM4RI ' WAS ORIGINALLY SEr UP tMER TWO CCWRFCT NUMBERS (C -2110 and C- 2159) AND TWO RESOLUTIONS. MEN THE AGR7mNr WAS E) UTED IT COVERED BOM SAILING LESSONS AND RECIPROCAL USE OF THE SAILBOATS. BOTH RESOLUTIONS ARE CONTAINED IN THIS FILE AMID C -2110 HAS BEEN CANCELLED. A G R E E M E N T THIS AGREEMENT is made and entered into this 14th day of February 1980, by and between the CITY OF NEWPORT BEACH, a municipal corporation, hereinafter referred to as "City," and 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 (10) Sabot sailboats; ImAre WHEREAS, College District is the owner of one (1) Shields sailboat; 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 one (1) Sheilds sailboat owned by College District for the period commencing on the third week of June and ending on the last Friday of August of each summer during the term hereof, to be used for the purpose of providing sailing instructions. During this period City shall have the exclusive use of said sailboat. 2. College District shall have the use of ten (10) Sabot sailboats owned by City for the period commencing on the second week of September and ending on the second Friday of June during the term hereof, for the purpose of providing sailing instructions. Throughout this period College District shall have the use of these sailboats during hours approved by City. n so 3• At all times when City is using the Shields sailboat, it shall maintain an instructor in said sailboat. 4. At all times when College District is using the Sabot sailboats, it shall maintain instructors in the immediate area in which the sailboats are used. 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 equipment which occurs during the period when the sailboat 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 respective owners in as reasonably good a condition as when this Agreement was entered into. d. City agrees to clean and service the outside restrooms as needed, but not less than two times a week for the length of this agreement. 6. City agrees to indemnify and hold College District harmless from any and all liability or damages arising out of injury to persons or property while City is using College District's Shields sailboat. 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. This Agreement shall continue until either party shall 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. -2- IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. ATTEST: I -City Clerk APP VED AS nTO FORM: 'AaAgkg,\City Attorney CITY OF NEWPORT BEACH A Municipal Corporation By Mayor COAST COMMUNITY COLLEGE DISTRICT 4-/L BY C14 Correllan J,/ Thompson �- Executive Vice Chancellor Business Affairs -3- COAST CO UMW COLLEGE DIST BOARD OF TRUSTEES ;ei-/- ft bbmd to do Bard V;t stm MAR 10 1980 CITY OF NEWPORT BEACH By the CITY COUNCIL PARKS, BEACHES AND RECREATION DEPARTMENT CITY OF N ?W*C*T SgACH DATE: March 10, 1980 TO: MAYOR AND CITY COUNCIL FROM: Parks, Beaches and Recreation Director SUBJECT: SAILING PROGRAM AT ORANGE COAST COLLEGE CREW BASE RECOMMENDATION: Adopt a resolution authorizing the Mayor and City Clerk to execute an agreement between the City and Coast Community College District for thepurpose of conducting sailing lessons at the Orange Coast College Crew Base. DISCUSSION: For many years the City and the Coast Community College District have enjoyed a reciprocal arrangement whereby the City utilizes the Crew Base for lessons and both parties utilize each other's sailboats. This revision allows this beneficial exchange to con- tinue without having to renew the agreement each year. RAW:mb RONALD A. WHITLEY, Director MAR 10 1980 By the CITY COUNCIL CITY OF NIMAIrI' NWH RESOLUTION NO. 0 i /oj A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE All AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND COAST COMMUNITY COLLEGE DISTRICT IN CONNECTION WITH CONDUCTING SAILING LESSONS AT THE ORANGE COAST COLLEGE CREW BASE 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 Coast Community College District in connection with conducting sailing lessons at the Orange Coast College Crew Base; and WHEREAS, the City Council has reviewed the terms and conditions of said agreement and finds them to be satis- factory and that it would be in the best interest of the City to execute said agreement, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that the agreement above described is approved, and the Mayor and City Clerk are here- by authorized and directed to execute the same on behalf of the City of Newport Beach. ATTEST: City C ADOPTED this 10th day of March . 1980. HRC /kv 3/4/80 CITY OF NEWPORT BEACH Office of CITY ATTORNEY To: PB &R Director From: Acting City Attorney Subject:' Agreement between City and Coast Community College - Use of Sailboats •Attached are the original and one copy of the Agreement between the City and Coast Community College District in regard to the use of the sailboats and sabots owned by the respective parties. If the terms and conditions of the Agreement meet with your approval, please forward the original to the College District for their review. Upon the return of the Agreement to this office, we will schedule the matter for hearing before the City Council.. Should you have any questions regarding this matter, please feel free to contact me. attachments as stated �SY i IN '`8 44e �o'w "'e r// 59tie a/ THIS AGREEMENT is made and entered into this day of 1979, by and between the CITY OF NEWPORT BEACH, a municipal corporation, hereinafter referred to as "City," and COAST COMMUNITY COLLEGE DISTRICT, hereinafter referred to as "College District "; and 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 (10) Sabot sailboats; WHEREAS, College District is the owner of one (1) Shields sailboat; 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 one (1) Sheilds sailboat owned by College District for the period commencing on the third week of June and ending on the last Friday of August of each summer during the term hereof, to be used for the purpose of providing sailing instructions. During this period City shall have the exclusive use of said sailboat. 2. College District shall have the use of ten (1) Sabot sailboats owned by City for the period commencing on the second week of September and ending on the second Friday of June during the term hereof, 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 the Shields sailboat, it shall maintain an instructor in said sailboat. 4. At all times when College District is using the t ii pni A G R E E M E N T THIS AGREEMENT is made and entered into this day of 1979, by and between the CITY OF NEWPORT BEACH, a municipal corporation, hereinafter referred to as "City," and COAST COMMUNITY COLLEGE DISTRICT, hereinafter referred to as "College District "; and 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 (10) Sabot sailboats; WHEREAS, College District is the owner of one (1) Shields sailboat; 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 one (1) Sheilds sailboat owned by College District for the period commencing on the third week of June and ending on the last Friday of August of each summer during the term hereof, to be used for the purpose of providing sailing instructions. During this period City shall have the exclusive use of said sailboat. 2. College District shall have the use of ten (1) Sabot sailboats owned by City for the period commencing on the second week of September and ending on the second Friday of June during the term hereof, 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 the Shields sailboat, it shall maintain an instructor in said sailboat. 4. At all times when College District is using the Sabot sailboats,. it shall maintain instructors in the immediate area in which the sailboats are used. 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 equipment which occurs during the period when the sailboat, 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 respective owners in as reasonably good a condition as when this Agreement was entered into. 6. City agrees to indemnify and hold College District harmless from any and all liability or damages arising out of injury to persons or property while City is using College District's Shields sailboat. 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. This Agreement shall continue until either party shall 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. ATTEST: City Clerk APPROVED AS TO FORM: CITY OF NEWPORT BEACH A Municipal Corporation By Mayor COAST COMMUNITY COLLEGE DISTRICT Acting City Attorney By -2- 4 P"� �-m...^, Sabot sailboats,. it shall maintain instructors in the immediate area in which the sailboats are used. 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 equipment which occurs during the period when the sailboat, 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 respective owners in as reasonably good a condition as when this Agreement was entered into. 6. City agrees to indemnify and hold College District harmless from any and all liability or damages arising out of injury to persons or property while City is using College District's Shields sailboat. 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. This Agreement shall continue until either party shall 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. ATTEST: City Clerk APPROVED AS TO FORM: CITY OF NEWPORT BEACH A Municipal Corporation By Mayor COAST COMMUNITY COLLEGE DISTRICT Acting City Attorney By -2- 4 do AUG 13 1979 By the GO COUNCIL CITY OF W cc Tf� IIIIIIAGH CITY OF NEWPORT BEACH Office of CITY ATTORNEY August 13, 1979 To: The Honorable Mayor and Members of City Council H -2(a) From: Acting City Attorney Subject e'At to Sailing Agreement with t�}n3tp .Cc*Ilege District The City.has an agreement with Coast Community College District providing for City usage of a Shields sailboat during the summer sailing class period, and further providing for Coast Community College use of ten City Sabots during the winter sailing periods. The existing agreement was a one -year agreement. The proposed change is to provide that the agreement will be annually renewing, providing that either party may give written notice of termina- tion. It is recommended that the City Council approve the amended agreement to provide for annual renewal of the agreement. This will free up the need of the matter coming back to the City Council each year for renewal. RESOLUTION NO. 9 61 4 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 COAST COMMUNITY COLLEGE DISTRICT IN CONNECTION WITH THE RECIPROCAL USE OF SAILBOATS 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 Coast Community College District in connection with the reciprocal use of sailboats during classes held by the respective parties; 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 execute said Agreement, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City.of Newport Beach that the 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 13th day of August , 1979. ATTEST: City Clerk kb 8/1/79