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HomeMy WebLinkAbout84-102 - Concession on Balboa PierRESOLUTION NO. 84 -102 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AMENDMENT TO THE CONCESSION AGREEMENT, DATED MARCH 8, 1982, • BETWEEN THE CITY AND DOUGLAS S. CAVANAUGH FOR THE MAINTENANCE AND OPERATION OF THE CONCESSION ON BALBOA PIER. WHEREAS, there has been presented to the City Council of the City of Newport Beach a certain Amendment to the Con- cession Agreement, between the City of Newport Beach and Douglas S. Cavanaugh, in connection with the maintenance and operation of the concession on Balboa Pier, a copy of which is attached hereto, marked "Exhibit A ", and incorporated herein as though fully set forth herein; and WHEREAS, the City Council has reviewed the terms and conditions of said Amendment to Concession Agreement and finds them to be equitable and that it would be in the best interests of the City to execute said Amendment. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that said Amendment to Concession Agreement, above described, is approved and the Mayor and City Clerk is hereby authorized and directed to execute same on behalf of the City of Newport Beach. ADOPTED this 13th day of August , 1984. / City Clerk • KJD;mm 8/2/84 AMENDMENT TO CONCESSION AGREEMENT FOR BALBOA PIER THIS AMENDMENT TO CONCESSION AGREEMENT, made and entered into this /a/day of J , 1984, by and between • the CITY OF NEWPORT BEACH, 9 municipal corporation, hereinafter referred to as "CITY ", and Douglas S. Cavanaugh, hereinafter referred to as "Concessionaire." W I T N E S S E T H• WHEREAS, the CITY and Concessionaire entered into a Concession Agreement, dated March 8, 1982, whereby Concessionaire was given certain rights to operate=_ a restaurant at the end of Balboa Pier; and WHEREAS, the Concession Agreement has a term of ten (10) years, commencing on March 8, 1982; and WHEREAS, Concessionaire has requested an amendment to this Agreement to extend such term for a period of five (5) years; and WHEREAS, Concessionaire, as of the date of this Amendment, has fully complied with the terms and conditions of the Concession Agreement, and it is appropriate to amend that Agreement to extend the term so long as Concessionaire agrees to comply with terms and conditions of the Agreement and any subsequent amendments to the Agreement. NOW, THEREFORE, the parties agree as follows: 1. Paragraph 2(a) of the Concession Agreement, dated March 8, 1982, shall be amended to read as follows: "(a) This Agreement shall be in effect for a period of fifteen (15) years from the date of execution unless sooner terminated as hereinafter provided. At the expiration of this term,_the Concessionaire shall have first right of refusual in continuing to operate this Concession without the necessity of the operation going out to bid. 2. The purpose of this Amendment is to extend the termination date of the Concession Agreement, dated March 8, 1982, from March 8, 1992 to March 8, 1997. • IN WITNESS WHEREOF, the parties have executed this • Agreement as of the day and year first above written. CITY OF NEWPORT BEACH, a Municipal Corporation By: yo r By: ATTEST: CITY APPROVED AS TO FORM: AtyAttorney ` -2-