This Deed of Gift, made the eleventh day of July, two thousand and four, between James G. DeGruccio of the first part and the Catalina 22 National Sailing Association, of the second part.
WITNESSETH
That the said party of the first part, for and in consideration of the premises and of the performance of the conditions and agreements hereinafter set forth by the said party of the second part, has granted, bargained, sold, assigned, transferred and set over, and by these presents does grant, bargain, sell, assign, transfer and set over, unto said party of the second part, and its fleet and regional representatives, the Trophy, which shall be known as "The Catalina 22 National Heavyweight Challenge Trophy," to have and to hold the same to the said party of the second part, IN TRUST, NEVERTHELESS, for the following uses and purposes:
This Trophy is donated upon the conditions that it shall be preserved as a perpetual Challenge Trophy for friendly match racing competition between members of the said party of the second part.
Any member, in good standing, of the said party of the second part, owning a yacht that qualifies under the provisions of this Deed of Gift, shall always be entitled to the right of sailing a match for this Trophy.
Competition for this Trophy will be conducted in Catalina 22 yachts between sail numbers 13143 and 15347, not to exclude those yachts displacing greater than 2600 pounds less crew, and propelled by sails only. Competing yachts will comply with the One-Design Rules of the class, unless waived by mutual consent of both challenger and defender, as well as the rules and conditions prescribed by the International Sailing Federation (ISAF).
The Challenging Yacht shall give seven days notice in writing, by mail, e-mail, or facsimile, to the Defending Yacht with copies to the Defending Yacht's lowest organizational level i.e. club, fleet or region. Only one yacht may challenge for the Trophy at a time.
Unless waived by mutual consent of both challenger and defender, races for the Trophy will be match races between two yachts without time allowance, and shall be held under the racing rules of the ISAF, the One-Design Rules of the class and the Defending Yacht's club sailing instructions. The owners of the challenging and defending yachts may, by mutual consent, make any arrangement satisfactory to both as to the dates, courses, number of trials and any and all other conditions of the match. In the case the parties cannot mutually agree upon the terms of such a match, then three races shall be sailed, on a windward-leeward course, the winner of two such races being entitled to the Trophy.
The Defending Yacht will, in respect to each contest in which it participates as a defender, affix to the base of the Trophy plaques engraved with the names of the competing yachts. A tally of successful challenges and defenses will be compiled upon the respective plaques.
The owner of the winning yacht shall have custody of the Trophy and shall maintain such insurance in respect to the Trophy as shall be required by the said party of the second part. The owner of the yacht who wins the Trophy shall agree faithfully to fulfill the terms and conditions of this Deed of Gift while the Trophy is in his possession. Notification of change of possession of the Trophy will be given to the appropriate representative to the said party of the second part who will maintain documentation as to the status and whereabouts of said Trophy. Should the owner holding the Trophy fall out of eligibility with the said party of the second part, the Trophy shall be surrendered to the immediate organization, of the said party of the second part, to which the yacht belonged i.e. fleet or region. Should the Trophy revert to the custody of said organization, an elected representative of the said party of the second part will determine the best method of entertaining challenges within the terms and spirit of this Deed of Gift.
AND, the said party of the second part hereby accepts the Trophy subject to the said trust, terms and conditions, and hereby covenants and agrees to and with said party of the first part that it will full and faithfully see that the foregoing conditions are fully observed and complied with by any contestant for the said Trophy.
IN WITNESS WHEREOF, the said party of the first part has hereunto set his hand, and the said party of the second part has caused its regional representative to sign these presents.
James G. DeGruccio
in the presence of
Wayne Buti
C-22 NSA Region 10 Commodore
Gold Country Yacht Club
Scotts Flat Lake, CA
01/19/05 Se Plaire (Fox) challenges Jolly Roger (DeGruccio)
06/04/05 Evergreen (Obrosky) extends additional challenge
06/12/05 Evergreen (Obrosky) defeats Se Plaire (Fox) in Challenger Trial
06/14/05 Jolly Roger (DeGruccio) defeats Evergreen (Obrosky) 2-0
06/16/05 Cup gifted toCyndi Obrosky and Fleet 80
USA 13975
Challenger
USA 14195
Defender
Jolly Roger successfully defends 2-0
