California’s Division of Boating and Waterways (DBW) alleges that Cal Poly Humboldt has been misusing the Humboldt Bay Aquatic Center (HBAC) for its scenic views and now swanky administrative office space – thanks to a recent $412,000 renovation. The university is not, the breach of contract notice charges, fulfilling its commitment to boating instruction and safety training.
“[Cal Poly Humboldt] is not using the [HBAC] for the purposes for which the building was funded, or for which the property was leased from the city and approved by the state lands commission,” stated a notice of breach of contract notice sent to Cal Poly Humboldt President Tom Jackson Jr. in Dec. 2023. The notice outlined the key problem – that without notice nor written approval, which is required by the operating agreement, Cal Poly Humboldt transformed boater-funded classrooms, offices and storage spaces into alumni fundraising offices, private club rowing, storage of private club vessels and support for private university fundraising activities.
In understanding the breach of contract, it is helpful to recognize the complex web of involvement at the HBAC between the city of Eureka, the state of California and Cal Poly Humboldt. In summary, the Department of Boating and Waterways put forth $4.067 million to fund the construction of the facility, as well as $702,000 since 2003 to offset the costs of the university’s ongoing boating instruction and safety training. Cal Poly Humboldt leases the land the facility sits upon from the city of Eureka. Though the HBAC is fully owned and operated by the university, an operating agreement between the DBW and the university, as well as a lease agreement between Eureka and the university, outline specific guidelines for the expected uses of the facility, many of which have not been fulfilled by the university, according to DBW.
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