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HomeMy WebLinkAboutReso 1986-12638 RESOLUTION NO. 12638 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BE%WEEN THE CITY OF CHULA VISTA AND THE NAUTICAL HERITAGE SOCIETY FOR THE PURPOSE OF ESTABLISHING CHULA VISTA HARBOR AS THE SOUTHERN OPERATING PORT FOR THE TALL SHIP CALIFORNIAN AND APPROPRIATING NECESSARY FUNDS AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The City Council of the City 6f Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that that certain agreement between THE CITY OF CHULA VISTA, a municipal corporation, and THE NAUTICAL HERITAGE SOCIETY for the purpose of establishing Chula Vista Harbor as the southern operating port for the tall ship Californian and appropri- ating necessary funds dated the 22nd day of ~u]v , 1986, a copy of which is attached hereto and incorporated herein, the same as though fully set forth herein be, and the same is hereby approved. BE IT FURTHER RESOLVED that the sum of $20,000 is hereby authorized to be expended from the General Fund. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and he is hereby authorized and directed to execute said agreement for and on behalf of the City of Chula vista. Presented by Approved as to form by Mana-eThOmsOn.vDlrectOrgmentserices /"'~omas J./~rron, ~bf %/City Att~Mey ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 22nd day of Jul), 19 86 , by the following vote, fo-wit: AYES: Councilmembers Cox, Malcolm, Moore, Campbell, McCandliss NAYES: Counci 1 members None ABSTAIN: Councilmembers None ABSENT: Councilmembers None · Moyo~ uf/'lue Vista ATTEST STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California, DO HEREBY CERTIFY thot the above and foregoing is a full, true ond correct copy of RESOLUTION NO. 12638 ,and that the same has not been amended or repealed DATED. City Clerk CIIY OF CHUtA ¥1SI'A CC-660 AGREEMENT ESTABLISHING THE SOUTHERN OPERATING PORT FOR THE TALL SHIP CALIFORNIAN AT CHULK VISTA HARBOR THIS CONTRACT, hereinafter called "Agreement", is made and entered into by and between THE CITY OF CHULA VISTA, hereinafter called "City" and THE NAUTICAL HERITAGE SOCIETY, hereinafter called "Society" for the purpose of establishing Chula Vista Harbor as the Southern Operating Port for the tallship CALIFORNIAN. W I T N E S S E T H : WHEREAS, the Nautical Heritage Society, a private nonprofit corporation, desires to designate Chula Vista Harbor as the Southern Operating Port for their Tallship CALIFORNIAN, the designated official tallship of the State of California, and WHEREAS, the Society believes that the presence of the CALIFORNIAN in Chula Vista Harbor will provide substantial benefit to the community's school students and to the citizens of Chula Vista, in terms of education, recreation and economic opportunity, and WHEREAS, the Society has committed itself to berth the CALIFORNIAN in Chula Vista Harbor for a minimum of twenty (20) days a year, and WHEREAS, the berthing of the CALIFORNIAN will provide a mechanism to accommodate free organized tours of the CALIFORNIAN by the public, and WHEREAS, the CALIFORNIAN will act as a good will ambassador for the City of Chula Vista, and be available for public relations activities for the City as her schedule permits, and WHEREAS, the City is providing $25,000 annual financial support for the CALIFORNIAN and her activities based upon the following conditions: 1. Term. The term of this agreement is three years, commencing July 1, 1986 and terminating on June 30, 1989. 2. Use and Conditions. The Society may use Chula Vista public facilities when berthing the CALIFORNIAN, subject to the Society providing arrival and departure schedule to the Harbor Captain and City at least 72 hours (3 days) in advance of planned arrival. Said facilities will be designated by the Harbor Captain. -1- The CALIFORNIAN shall be berthed in Chula Vista Harbor for a minimum of twenty (20) days a year. The Society shall accommodate free organized public tours of the CALIFORNIAN on a minimum of six (6) holiday o~ weekend days during each year when the CALIFORNIAN is berthed in Chula Vista Harbor. Said tours shall be for a minimum period of four (4) hours per day. The ship CALIFORNIAN shall be commanded by a professional United Stated Coast Guard licensed skipper at all times it is in Chula Vista Harbor. Ail advertising and appropriate printed material shall include the "City of Chula Vista" name and indicate Chula Vista Harbor as the CALIFORNIAN"S Southern Home Port. 3. Insurance. Society, at its own expense, shall procure and maintain with respect to the CALIFORNIAN'S operations conducted at Chula Vista Harbor, adequate insurance from a company with a Best rating of A ~ of the types and in amounts not less than the minimum limits specified below. A company with a lower Best rating may be acceptable as deemed by the City Attorney. Combined Single Limit Bodily Injury and Property Damage Liability coverage of not less than $1,000,000 per occurrence. Society shall furnish to City a satisfactory Policy Endorsement and Certificate of Insurance. Said Certificate shall verify that: A. City is named as an "additional insured", and B. The insurance shall not be cancelled nor terminated without thirty (30) days prior written notice given to City. 4. Assignment. Society shall not assign or transfer this Agreement or any of the rights and privileges created herein without prior written consent of the City. 5. Termination. Either party may terminate this agreement by providing ten (10) days notice to the other party as set forth in Paragraph 10. 6. Sea C~det Permit. Society shall provide an annual minimum of 48 sea cadet positions for qualified youth in the San Diego area. In the event fewer positions are requested, the remaining positions may be filled from other geographic areas. 7. Advertising. City has the right to use the name and image of the CALIFORNIAN in brochures, video and slide presentations and other promotional materials upon approval by the Society. Society's approval shall not be unreasonably withheld. 8. Financial Records. City may request a review and audit of Society's financial records. Said review and audit shall be consistent with the t~rms of applicable Corporations Code requirements relating to nonprofit organizations. In the event City desires an independent audit, said audit shall be performed at City's sole cost. 9. Grant. In consideration for designating Chula Vista as Southern Home Port and providing community and public relations support, the City shall provide a yearly grant of $25,000 to support the Society and activities of the CALIFORNIAN. Said grant shall be payable on August 1 of each of the three years of this contract. 10. Notice. Any notice necessary for the completion of this contract shall be sent to the following locations: City of Chula Vista Deputy City Manager, Management Services City Hall 276 Fourth Avenue Chula Vista, Ca. 92010 and The Nautical Heritage Society c/o Steve Christman, Executive Director 24532 Del Prado Dana Point, Ca. 92629 11. Effective Date. The effective date of this agreement shall be July 1, 1986. Dated: July 22, 1986 Dated: THE CITY OF CHULA VISTA NAUTICAL HERITAGE SOCIETY Mayor of~tb~ City o~ ~hula Vista St~9~ Christman Attest ~W~ ~.~.~//~j~i~ Executive Director ~ City Clerk Approved as to form by p As~'~st-a~ City Attorney 1754a