HomeMy WebLinkAboutC-3497 - Vessel Transfer Agreement for research and water quality efforts in Newport Harbor.ITEM 11
TO: Members of the Newport Beach City Council
FROM: Dave Kiff, Assistant City Manager
Robert Burnham, City Attorney
SUBJECT: Vessel Transfer Agreement - Orange County CoastKeeper
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RECOMMENDED Authorize the City Manager to execute a Vessel Transfer Agreement that would
ACTION: transfer a recently- acquired vessel to Orange County CoastKeeper for research
and water quality efforts in Newport Harbor.
BACKGROUND: The Orange County Sheriff's Department's (OCSD) Harbor Patrol routinely
"retires" OCSD vessels when the Harbor Patrol no longer needs them. Upon
declaring property surplus, State law (Government Code §25365) directs a
county board of supervisors to "by a four -fifths vote, ... assign, or otherwise
transfer to ... any ... city (without auction) ... (property) if the property ... is not
required for county use .... "
The Orange County Board of Supervisors transferred one of the Harbor Patrol's
surplus boats (a 1982 Seaway tCF# 2056XC] 28' power boat) to the City, at the
City's request, a few weeks ago. The City and Orange County CoastKeeper, a
local non- profit organization committed to habitat protection and water quality
along the Orange County coastline, had sought to acquire the boat to allow
CoastKeeper to perform several projects within and around Newport Bay,
including eelgrass monitoring, kelp reforestation, and Caulerpa taxifolia ( "killer
algae ") investigations.
The City and CoastKeeper have since concluded that the most effective way to
manage the boat would be to transfer the vessel in "as is" condition directly to
CoastKeeper in exchange for 100 hours per year for five years of water quality
research service to the City. The attached Vessel Transfer Agreement - as
prepared by the City Attorney's Office - accomplishes this transfer.
ATTACHMENT: Vessel Transfer Agreement
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VESSEL TRANSFER AGREEMENT
THIS AGREEMENT, is made and entered into this day of December, 2001,
by and between Orange County CoastKeeper, a California non - profit corporation
(CoastKeeper), and the City of Newport Beach, a charter city (City) is made with
reference to the following:
RECITALS:
WHEREAS, CoastKeeper is a non - profit corporation devoted solely to activities
and programs designed to protect and enhance coastal natural resources such
as water quality improvements, restoration of kelp beds, and restrictions on dry
season fresh water intrusions; and
WHEREAS, CoastKeeper and City have cooperated in efforts to protect and
enhance coastal resources in and around Newport Beach and presently intend to
engage in further cooperative efforts including an eelgrass restoration program.
WHEREAS, City has received from the County of Orange a 1982 Sea Way
bearing CF2056xc and Hull# SWY 028361183 (Vessel) that is not needed for
any present or prospective municipal function and is in need of substantial
refurbishing;
WHEREAS, City has determined that a transfer of the Vessel to CoastKeeper
pursuant to the terms of this agreement is in the public interest because the
vessel will be used solely for purposes that benefit the marine environment in
and around Newport Beach and will ensure that City has adequate volunteer
resources to implement important environmental enhancement programs.
NOW THEREFORE THE PARTIES AGREE AS FOLLOWS:
1. TRANSFER. City transfers all right, title and interest in the Vessel
to CoastKeeper. City has made no representations to CoastKeeper relative
to the condition of the Vessel. CoastKeeper has, prior to the date of this
Agreement, inspected the Vessel and determined the nature of any
necessary repairs. CoastKeeper accepts the Vessel in an "as is" condition.
2. CONSIDERATION. In consideration of City's agreement to transfer
title to the Vessel, CoastKeeper agrees to comply with the Restrictions in
Section 3 and to provide City with up to one hundred (100) hours of volunteer
labor per year during each of the first five years after the date of this
Agreement.
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3. RESTRICTIONS. CoastKeeper shall comply with the following
restrictions relative to the use of the Vessel for a period of five (5) years after
the date of this Agreement:
A. CoastKeeper shall use the Vessel solely in furtherance of the
protection, preservation or enhancement of coastal natural
resources located in, or in the vicinity of, Newport Beach.
B. CoastKeeper shall ensure that the Vessel is berthed and operated
within fifteen miles of the corporate limits of Newport Beach except
when the Vessel is being repaired.
4. REVERSION. Ownership of the Vessel shall revert to the City if
CoastKeeper fails to comply with the Restrictions specified in Section 3.
5. DOCUMENTS OF TITLE. CoastKeeper shall prepare and submit
all document necessary to transfer title of the Vessel from the City to
CoastKeeper.
"CN B"
Date: By:
Date:
City of Newport Beach
Mayor
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Orange County CoastKeeper.
A California non - profit corporation
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