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HomeMy WebLinkAbout4370 - Concession on Balboa Pier1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 RESQLUTION NO. WHEREAS, there has this day been presented to the City Council of the City cf Newport Beach a certain agreement dated September 1, 1955, between the City of Newport Beach and John Charles Kirk, covering the operation of the concession on the Balboa pier owned by the City of Newport Beach, said Agreement being for a period of five years at a yearly sum of $500.00 per year or a. sum equal to 5% of all ;rocs revenue and receipts obtained in the operation of the aforesaid concession, whichever amounts shall be the greater; and iITMAS, it appears to be for the best interests of the citizens of the City of Newport Beach that the said Agreement be entered into; NOW, TPEHEPORE, BE IT RESCLVEP, that the Mayor and the City Clerk, be and they are hereby authorized and directed to execute said Agreement in behalf of the City and to deliver an executed copy thereof to the said concessionaire, John Charles Kirk. The above and foregoing Resolution was &ily and regularly passed and ,adopted by the City Council of the City of Newport Beach at a regular meeting; thereof held on the 22nd day of August, 19;5 by the following vote, to wit: AYES, COUNCILMEN -t te.,,. a'Ov� . G NOES, COUNCILMEN: ABSENT COUNCILMEDT: ATTEST: MARGERY SCHROt1DER Mayor Y Cleric 1 2 3 4 5 6 7 ,i AOREEMENT THIS AGREMNT, wade and entered into this 1st day of bar, 1955, by and between the City of Newport Beach, herein - designated "City and John Charles Kirk, hereinafter desig- "Kirk" , W I T N E 3 S E T H: WHEREAS, the City is the owner aid in possession of a known as the Balboa Pier, in the City of Newport Beach and is desirous of continuing a concession on said pier; and 8 WHEREAS, the City Council of the City deems it for the 9 best interest of the public that said pier should be kept up 10 and maintained in a proper and sanitary condition and that the 11 same would be accomplished by granting such concession to Kirk; 12 NOW, THEREFORE, in consideration of their mutual promises 13 and of the payments to be made as hereinafter set forth, the 14 parties hereto do agree as follows: 15 16 (1) City hereby grants to Kirk for a period of five years, commencing September 1, 1955 and ending August jl, 1960, the 17 sole right, privilege and license to sell bail and tackle from 18 19 said pier and to maintain thereon a fountain, soft drink and lunch room business. 20 21 (2) Kirk agrees to pay the City for the privileges 22 granted herein the sum of Five Hundred Dollars ($500.00) per year 23 or a sum equal to five per cent (5%) of all gross revenue and 24 receipts obtained in the operation of the aforesaid concession, 25 whichever of said sums shall be the greater. 26 The guaranteed minimum set out above in the amount of 27 $500.00 yearly shall be paid in advance commencing September 1, 28 1955• Any payment due City based on the percentage of the annual 29 gross revenue and obtained through the operation of said concession 30 shall be paid to the City on the 1st day of September, 1956, and 31 the subsequent payments on each succeeding September 1st for the 32 term hereof. -1- l 2 3 4 5 6 7 1.1 9 10 11' 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 (3) Kirk agrees to keep proper and adequate books of account which shall show all gross revenue and receipts concern- ing the operations of said concession, which books shall be open to inspection by the City at any reasonable time during the usual business hours of Kirk for the purpose of determining the amounts due under the aforesaid percentage provisions. (k) Kirk shall maintain the buildings on the pier in a clean and wholesome condition, both on the inside and the outside thereof; Kirk further agrees to keep the floor of said pier and the whole thereof in a clean and wholesome condition and free from any accumulation of refuse or other substance which are likely to become unsightly or give off offensive odors. It is specifically agreed that .Kirk will maintain the restvooms, all at his sole expense. (5) Kirk shall not assign, sell or transfer any of his rights under this agreement to any person and may not sub -lease any of his rights under this agreement. Except for the privileges hereby given to sell bait and tackle and maintain the lunch roan, Kirk shall have no rights on said pier not enjoyed by the general public. (6) If Kirk, at any time, in the judgment of the City, shall fail, neglect or refuse to perform any of the conditions of this agreement, according to the true intent, meaning and spirit thereof, or shall fail to pay any of the sums of money called for herein at the time set forth, then the City shall have the right, at any regular or special meeting of the City Council, to make and cause to be entered upon the minutes of said meeting its order declaring this agreement terminated and upon service, by mail, upon Kirk of a copy of the said order, then this agreement and all the'rights of Kirk herein shall be Immediately ended, and Kirk shall within ten (10) days of the mailing of said order, remove all improvements belonging to hint. -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 If Kirk shall fail to remove the improvements belonging to him within said period, then all such improvements and any other property belonging to Kirk shall immediately become the .property of the City, with the City having the full, right, power and authority to control, use and dispose of the same. (7) All deliveries of merchandise and other items to Kirk shall be trade at the landward base of the pier and in no event shall any commercial vehicle be used on said pier. (8) Kirk hereby agrees to pay for all utilities used by him in connection with said concession. (9) Kirk hereby agrees to maintain at all times through- out the term of this agreement public liability insurance in the amount of $50,000.00 for one person Injured; ;100,000.00 for more than one person injured and $10,000.00 for property damage, in which policy or policies the City of Newport Beach is specifi- cally named as an insured. 0 WMESS t�liIF.RF.OF, the City of Newport Beach has this day caused its corporate name to be signed and its corporate seal to be affixed by its Mayor and City Clerk thereunto duly authorized by Resolution of its City Council dated this 22nd day of August, 1955, and the said Birk has hereunto set his hand this day of , 1955. CITY OF NEWPORT BEACH Mayor BY City Clerk -3- i.�W q 41k `W IE STATE OF CALIFORNIA ) COUNTY OF OR.0GE ) SS CITY OF NEWPORT BEACH ) I, MARGERY SCHROUDER, City Clerk of the City of Newport Beach, California, do hereby certify that according to the records of the City of Newport Beach filed and maintained in my office, the foregoing Resolution No. 4370 was duly and regularly adopted, passed, and approved by the City Council of the City of Newport Beach, California, at a regular meeting of said City Council held at the regular meeting place thereof, on the 22d day of August , 19 55 , by the following vote, to wit: AYES, COUNCILMEN: Bennett, Wilder, MacKay, Stoddard, Higbie, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN; None Dated this 3d day of January s �9 56 City Clerk anp Ex- Officio Clerk _ Ash, of the City Council_; "C_"ty of Newport Beach, State of-California.