HomeMy WebLinkAboutC-4988 - MOU for Marina Dredgingiv MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF NEWPORT BEACH AND
THE AMERICAN LEGION NEWPORT HARBOR POST 291
FOR MARINA DREDGING
THIS MEMORANDUM OF UNDERSTANDING ( "MOU ") between the City of
Newport Beach, a California municipal corporation and charter city ( "City") and the
American Legion Newport Harbor Post No. 291, a California corporation ( "Lessee ") is
effective on the 18 day of October, 2011 ( "Effective Date ") and is made with reference
to the following:
RECITALS
A. City is the owner of real property consisting of tidelands and/ or uplands
that is located at 215 East 15ffi Street in the City Newport Beach ( "Premises ").
B. City currently leases the Premises to Lessee pursuant to a lease dated
December 6, 2002 for the operation of a marina, legion hall, parking area, dry boat
storage facilities, and lockers ( "Lease ").
C. Under the Lease, the City believes that the Lessee is required to maintain
the Premises in good condition and maintain all other improvements and equipment on
the Premises, including dredging. However, Lessee does not agree with that
interpretation. This MOU does not attempt to reinforce either party's interpretation, and
is instead intended by both parties to be specific only as to this one -time dredging
project. Both parties agree that this MOU is not meant to define nor to set any
precedent for future obligations or responsibilities relating to dredging or any other
activity on the Premises.
D. The Lessee agrees that the City has no maintenance responsibility for the
vertical bulkheads at this time, however, the City will continue to study the feasibility of
repairing or replacing the existing vertical bulkheads on a City developed timeline,
currently set to occur within the next seven (7) years.
E. The City is currently dredging the Rhine Channel and areas adjacent to the
Premises and depositing the dredged material at the Port of Long Beach ( "POLB ").
G. Lessee and the City agree to jointly contribute funds for expenses
associated with additional dredging within the marina to take advantage of the unique
opportunity afforded by the POLB.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM
1.1 The term of this MOU shall commence on the Effective Date and shall
terminate on October 31, 2012.
2. INCORPORATION OF RECITALS
2.1 City and Lessee acknowledge that the above Recitals are true and correct
and are hereby incorporated by reference into the operative part of this MOU.
3. DREDGING WORK
3.1 The City agrees to contribute up to fifty percent (50 %) of the total dredging
costs incurred at the Premises' marina, with the remaining fifty percent (50 %)
contributed by Lessee (the total dredging costs are currently estimated at $140,000).
This is a one -time contribution by the City, the City is not agreeing to any on -going
maintenance dredging responsibility at the Lessee's marina. The dredging work is
anticipated to consist of: (1) floating away the existing docks and re- securing the docks
following dredging; (2) dredging approximately three thousand (3,000) cubic yards of
sediment from the marina; (3) depositing suitable sediment at the POLE; and (4)
removing and replacing dock piles (collectively, "Work "). Lessee acknowledges that the
existing docks at the Premises may suffer damage as a result of their displacement
during the dredging process and agrees to obtain all required permits and cover any
costs, without contribution by City, related to repairing or replacing the docks.
3.2 Both Lessee and City agree that the Work is to be performed by the City's
contractor, Dutra Dredging Company ( "Dutra "). City will invoice Lessee for fifty percent
(50 %) of the costs incurred by Dutra, or any other contractor, under this MOU. Lessee
shall pay all invoices within thirty (30) days of Lessee's receipt.
3.3 Lessee and City shall fully cooperate with each other, their
representatives, and independent contractors to ensure the Work is performed in a
timely and efficient manner.
4. TERMINATION
4.1 This MOU may be terminated by City with three (3) calendar days prior
written notice to Lessee if it is determined by City, in its sole and absolute discretion,
that the Work will interfere with the City's Rhine Channel Dredging Project or any
timeline or condition imposed by the POLB.
5. HOLD HARMLESS
5.1 Lessee shall indemnify and hold harmless the City and its officers and
employees with respect to any claims, damage, or damages related to any Work
performed on the Premises pursuant to this MOU.
6. COUNTERPARTS
6.1 This MOU may be executed in two (2) or more counterparts, each of
which shall be deemed an original and all of which together shall constitute one (1) and
the same instrument.
IN WITNESS WHEREOF, the parties have caused this MOU to be executed on
the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 10/16/II
By:
Michael rres
Deputy City Attorney
ATTEST:
Date:
By: —4—w- ,
Leilani I. Brown
City Clerk
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CITY OF NEWPORT BEACH,
A California municipal corporation
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By:
Dave Kfff
City Manager
AMERICAN LEGION
NEWPORT HARBOR POST NO. 291
A California orporation
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