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HomeMy WebLinkAboutC-666 - Concession & operation at Corona del Mar State & City Beach ParkWWC:mec 2/9/60 0 CITY OF NEWPORT BEACH NOTICE TO PROSPECTIVE CONCESSIONAIRES SPECIAL PROVISIONS AND CONDITIONS PROPOSAL TO CITY OF NEWPORT BEACH AND AGREEMENT FOR A FOOD, BEVERAGE We] BEACH EQUIPMENT RENTAL CONCESSION AT CORONA DEL MAR STATE AND CITY BEACH PARK AT NEWPORT BEACH, CALIFORNIA tx� NOTICE TO PROSPECTIVE CONCESSIONAIRES: Proposals shall be plainly marked on outside of sealed envelope: "Proposal for concession at Corona del Mar State and City Beach Park, Newport Beach, California." n 2 /r 3 4 5 6' 7 81 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2.6 27 28 29 30 31 32 (7) "WITICA!% of CONCUSION A4 ST CORONA del STUB AND CITY 816 *RR WZUZAS, Concession Agreement, Corona dal Mer State and City Beach task, was made and executed March 28, 1460, by and between the CITI' 6P XWORT BEACA, a municipal Corporation, and DONALD W. TOSH and IAN M. TOSH, doing business ae TOSH MS .$ ref- erence to which said agreement being made for all the particulars thereof; wW CAB, subparagraph (d) of paragraph 3 of said conces- sion agreement provides, in part, for a corporate.surety bond in a sum of not less than $30,000; and WKUZAS, it has been determined that said bond will adequately serve the purwtes for which it is required if in a sum of not less than $200000; MM, TUREFORE, it is agreed as follows, to Witt 1. Subparagraph (d) of paragraph 3 of said concession agreement is modified to read as follows, to wit: "(d) Concessionaire shall post a corporate surety bond with City conditioned upon Concessionaire completing all of the work on the interior of the buildings and the installation of cabinets, fixtures and equipment required herein sad the payment of all claims of laborers, material - man and others having lies rights under Title IV, Part 111, of the Code of Civil Procedure. Said bond shall be in a sum of not less than $209000.00 and shall be s *ject to the approval of the City Attorney as to form." 2. . In all other particulars, said Concession Agreement remains as originally made and executed. IN SJ1TMESS NHBRBOP, this modification of concession agreement is executed in triplicate this 25th day of April, 1960. CITY ATTEST*. By yor " city c er APPRMED by Division of Beaches and Parks, Department of Natural Resources, of the State of California, this 5th day of may , 1960. Chisf By.. DiAsion of Administrative Services CHARLES A. DeTURK, Chief rlBCtoT DeVertmMt of Natural Reacurcea 0 CITY OF NEWPORT BEACH 0 NOTICE TO PROSPECTIVE CONCESSIONAIRES LEI Sealed proposals will be received at the office of the City Clerk in the City Hall at 3300 Newport Boulevard, Newport Beach, California, until 10.00 o'clock A. M. on Thursday, March 10, 1960, for the operation of a food, beverage and beach equipment rental concession in the buildings on Public Service Area No. 1 at Corona del Mar State. and City Beach Park located in the City of Newport Beach, Orange County, California, in accordance with the attached conditions, proposal and contract form. Each prospective concessionaire seeking to submit a proposal must pay the sum of $2.00 for the proposal forms and the agreement form. Three copies of the plans and specifications of the concession buildings being constructed by the City of Newport Beach on Public Service Area No. 1 are on file in the office of the City Clerk and are available for inspection. Copies of such plans and specifications are available for a deposit of $10.00, which will be returned upon return of the plans and specifications. No proposal will be considered unless it is made substantially in accordance with the proposal forms. The City of Newport. Beach, acting through its City Council, reserves the right to reject any and all proposals and to waive in- formalities therein. The award of the concession, if it is awarded, ?4ill be to a person submitting a proposal which complies with the re- quirements prescribed herein and who is selected by the City Council as the best qualified operator for the concession. Although of substantial importance in making the award, the monetary return to the City will not be the sole criterion in awarding the concession. The City Council shall be the sole judge in determining who shall be granted the concession and may refer all proposals to a committee or commission for evaluation and recommendation. The award and the agreement are subject to the approval of the Division of Beaches and Parks, Department of Natural Resources of the State of California. 1. CI 0 1 1:0 Within thirty (30) days after the award of the concession, the City will return the proposal guarantees accompanying proposals of those who did not receive the award. The proposal guarantee of the person receiving the award will be held until the contract is fully executed, after which said proposal deposit will be returned, 2, PROPOSAL TO THE CITY OF NEWPORT BEACH FOR THE CONCESSION ON PUBLIC SERVICE AREA NO. 1 AT CORONA DEL MAR STATE AND CITY BEACH PARK The undersigned makes the following proposal to the City of Newport Beach for the operation of the beach concession on Public Service Area No. 1 at the Corona del Mar State and City Beach Park in the City of Newport Beach, California, NAME Donald :7. Tosh and Ian M. To,,-,h BUSINESS ADDRESS 370c Linden .eve., Lon, Beach, Califo-rn__a RESIDENCE ADDRESS 370)n Linden .:eve., Lon .-Beach California BUSINESS PHONE NO.: -'' 7 -37-33 RESIDENCE PHONE NO. sane and, if awarded the concession, agrees to execute the form of agree- ment attached and operate the concession in accordance with the provisions of said agreement. TO THE CITY OF NEWPORT BEACH: I (We) declare that the only person or persons interested in this proposal are those named herein; that this proposal is made without collusion with any other person, firm or corporation; that the location of the concession area, the terms, conditions, and specifications, and other stipulations hereinbefore referred to have been examined by me (us); and I (we) agree, if this proposal is accepted, to execute the contract and operate the concession in ac- cordance with its terms and to do any and all other acts to fulfill the requirements thereof; and that during the term said concession agreement is in effect I (we) will pay therefor the following guaran- teed minimum monthly rental or the following percentage of gross receipts, whichever is larger, to the City of Newport Beach, to wit: From the date of execution through December 31, 1964, a guaranteed minimum monthly payment of $2,G40.G0 for the months of June, July, August and September, or 21 per cent 2l %) of the monthly gross receipts from the sale of all salable items, plus =1 per cent (__1L_%) 6. �1 of the monthly gross receipts for these months of all . rental items, whichever sum may be larger, plus the same percentage of gross receipts indicated above for any calendar month or portion thereof that said concession is operated prior or subsequent to June, July, August and September during each year of this part of the term of the agreement. From January 1, 1965, through December 31, 1969, a guaranteed monthly minimum of $ 2,000.00 for the months of June, July, August and September, or 22 per cent (__L2 %) of the monthly gross receipts from the sale of all salable items, plus 52 per cent (__I:_7) of the monthly gross receipts for these months of all rental items, whichever sum may be larger, plus the same percentage of gross receipts indicated above for any calendar month or portion thereof that said concession is oper- ated prior or subsequent to June, July, August and September during each year of this part of the term of the agreement. If the undersigned fails to execute the concession agree- ment within ten (10) days after receiving notice from the City that the agreement is ready for signature, the City may determine that this proposal has been abandoned and thereupon this proposal and the acceptance thereof shall be null and void and the guarantee accompanying this proposal shall be forfeited and the same shall be the property of the City. Accompanying this proposal is Two Thousand Dollars ($2,000) Cashier's Check 90 -1199 (insert the words "Cash ", "Cash- ier's Check ", "Certified Check ", or "Money Order ") as a guarantee that, if the proposal is accepted, the undersigned will execute the concession agreement. 7. IMPORTANT NOTICE: If the proposal is by a corporation, the follow- ing information must be supplied for the president, secretary, treasurer and general manager; if by a partnership, for all partners; and, if by an individual, for the individual. Additional information may be required as to all such persons and as to others interested in the proposal. (Use additional sheets of paper, if necessary) FULL NAME Donald Tosh and Ian M. Toss. BUSINESS ADDRESS 3700' Linden Ave., Long Belch, Calif. PRINCIPAL PLACE OF BUSINESS IN CALIFORNIA Food Concessions ;3v.ntin .-ton B_:rautj .- BUSINESS TELEPHONE NO. Ga 7 -5 -733 RESIDENCE ADDRESS 3702 Linden � ?venue, Lon- Beach, Calif. RESIDENCE TELEPHONE NO. 1a 7 -5 733H0ME OWNERSHIP? YES NO (Pon) 7 -12_21 Cai- land,Cal. TMfa DATE OF BIRTH 9-1.0 -17 PLACE OF BIRTH LLii:LLEMARITAL STATUS `'far• LIST IN ORDER, STARTING WITH THE MOST RECENT, THE FOLLOWING INFORMATION ON BUSINESSES IN WHICH YOU WERE EMPLOYED OR HAD AN INTEREST DURING THE PAST 15 YEARS: (Use additional sheets of paper, if necessary) : o 141"0 Tosh Bros. Concessicnaro 1nSf t s Name of business Tosh Bros. Contractors Dates 194' to 19FC Address of business Concessions at Huntin ton Beach Stab= Far'< Contraction In on Beach, .,a.. _ ncen Type of business Concessions and Con'---a-t4 .nC Interest or position Partners on, ^essions ._ Number of employees Contrac. 5 Number supervised by you all Business Bank Ban'' of 'mer ca Bi, bV Knoll-3 '. Ban_I: of .: ° ^i C Belmont 31-1 J Annual gross Contractln?. .100,000.00 moll. Concessions: `,:5,000.00 If a service business, the maximum number served in a day Concess. ^000 If not still affiliated, reason for leaving -- HAVE YOU EVER BEEN ARRESTED? YES NO ",, IF YES, STATE WHERE, WHEN, REASON, AND DISPOSITION OF MATTER go DO YOU CONSENT TO BEING FINGERPRINTED? YES x NO LIST FIVE CHARACTER REFERENCES: Henry I. Noll Concessions Office.-.- L?iv. Beaches s. °l.a 1125 Tenth Stre.-_,t, Sacramento _4, _lif. :m. J. inehart S_persivor Hunti.n� ton Beach State Parr, H „.zntin ^ton Bch Larry Patterson c/o Balboa Bay Club, Newport Beach, Calif Charles Dooley, L.B.City Councilman 50-75 Long Beach B11J. Lonn Beach �ap�. loy Miller, L.B. Life 3uards.: 53 _'.7o ^,1to Canal, 'Lon;_ Beach, LIST FIVE CREDIT REFERENCES: Name Address City State Interstate Bakeries 265G No. -Ma-'n Ct. Santa ,.na Cali'` Louis Ball ,c Sons 213 East Fourth St. , Lonr Bach. =';alif. Pepsi Cola Bottling; Co. 1420 ;,?Est F rth St. Santa Ana. Cali`. ?eynolds Nteat Co. 4612 E. 2n'. 't Lomb Beach, Calif. Carnation Ice -r^_ae Co. /x-130 Ch.erry Lon-, B ,2ach ;l-i. IF YOU DO NOT INTEND TO INVEST YOUR OWN CAPITAL IN THIS CONCESSION BUSINESS, STATE SPECIFICALLY AND IN DETAIL THE SOURCE OF YOUR CAPITAL O;.m Cap. IN THE FOLLOWING SPACE, OR ON ADDITIONAL PAPER, STATE THE REASONS YOU FEEL QUALIFIED TO CONDUCT THIS BUSINESS AND SUPPLY ANY ADDITIONAL INFORMATION ABOUT YOURSELF, YOUR BUSINESS, OR YOUR PLANS FOR THE CONDUCT OF THE CONCESSION WHICH YOU FEEL WILL BE HELPFUL TO THE-CITY IN EVALUATING YOUR PROPOSAL FOR THE OPERATION OF THE BUSINESS ON PUBLIC SERVICE AREA N0, 1 IN CORONA DEL MAR STATE AND CITY BEACH PARK: Fo; the past n na years C,Te have o7 .: -atei, ' our food. concessi.On:^ at Runtin'-ton Beach 'State P.ar!< which, has p "roved satisractOry to us and the D.'.vi.sion O_' Beaches and Part -q. e f;ecl ''?° are qualified t0 :lease the oubli.c and City Of N "-r,':O'C't: Beach. :.�u.rin ^. OL':.]_^ nine years ,:ra have never had a complaint to the ,irate or California as t0 the prices, goal -.ty or s,-�rvi.CC of our `ooc. ye also f-ol that u- are quali fled as J n^_ral Bldg. Con-t-_,-actors, for the past f ^_:mean years, to cOmYil?te rh" intarior o` h— concession buildin; s and to male n?(°ssa' -y r ?pairs d7.1r'..nZ rho to -m o4- this contract. It is our belie`` that the minimum -:da.i" -1n. fi _�e during the month Of -ept. or 52000.00 is suffcient, however, T.?^ 7701111-1 be ple -ased. t0 Offer a minim +sn - uarant:=_e du.r.i.nl the months o:” June, July and `_u, ??st, of Y35CC.00. 9. I (we) agree that all information supplied may be checked and that such information and any additional information obtained in the course of evaluation of this proposal may be disclosed to the City Council and others concerned as necessary to reach a decision. Dated: March 1.0 $ 1960 SIGNATURES /s/ Donald "T. Tosh (Have you provided the financial statements and all other information re- quired?) /s/ Ian M. Tosh 10, WWC:mec 2/9/60 CONCESSION AGREEMENT CORONA del MAR STATE AND CITY BEACH PARK THIS AGREEMENT, made and executed this 23th day of March, 1960, by and between the CITY OF NEWPORT BEACH, a municipal corpora- Lion, hereinafter referred to as "City ", and Ds ld ii. Tosh and tan X. swim" " Tmsh Ds+ss.. Toshs 4161K /, hereinafter referred to as "Concessionaire "; RECITALS WHEREAS, City owns certain real property southerly of Ocean Boulevard in Corona del Mar and controls certain other real property under a lease from the State of California which together comprise the Corona del Mar State and City Beach Park; and WHEREAS, City has awarded a contract for the construction of buildings and appurtenances on an area designated as Public Service Area No. 1 in said park (not including, however, the completion of the inside of said buildings and installation of fixtures as required in this contract) as said area is shown on a plot plan of said park dated February 9, 1960, and attached hereto and marked Exhibit "A "; and WHEREAS, City finds it to be in the public interest and consistent with park uses to grant an exclusive right to operate a concession business as herein provided in the buildings on said Public Service Area No. 1; and WHEREAS, City invited proposals from prospective conces- sionaires and Concessionaire was awarded the exclusive right to operate said concession business as a result thereof; NOW, THEREFORE, the parties agree: 1. Concession: (a) City hereby grants to Concessionaire the exclusive right, privilege and concession to conduct a business within the buildings on said Public Service Area No. 1 in said park for the vending of light foods and sandwiches, soft drinks, coffee, ice cream or ice cream products, cigars, cigarettes and tobaccos, candies, chewing gum, suntan lotions, film, sunglasses, firewood, and small items of fishing tackle such as lines, hooks and weights, and for the rental of various items of beach equipment such as back rests, umbrellas, and surfriders, and for the sale or rental of other items of similar nature usually sold or rented at a resort refreshment stand. Concessionaire shall not sell fishing gear such as poles, reels or gear containers. Concessionaire agrees to pro- vide all necessary fixtures, goods, merchandise, labor and equipment required for the vending or renting of the above items or any other items permitted to be sold or rented. (b) City reserves the right to prohibit the use, dis- play, sale or rental of any machine, item or article which it deems objectionable or beyond the scope of merchandise deemed necessary by City for proper service to the public. This includes but is not limited to the right to restrict or prohibit vending machines of all kinds and machines producing music or any other noise or sound. Prices shall be fixed by Concessionaire, but must not be in excess of prevailing prices in the City of Newport Beach for similar products, and City reserves the right to establish and revise a schedule of maximum prices for any or all items sold or rented to the public by Concessionaire. All food and beverage products sold shall be of uniform high quality. Failure to maintain quality deemed satisfac- tory by City shall be deemed a breach of this agreement. Unimpaired use of Public Service Area No. 1 by the public is to be maintained throughout the term of the concession agreement. (c) Concessionaire shall be subject to all state and local laws, rules and regulations and shall pay all taxes lawfully assessed prior to delinquency and shall obtain and display at all times a business license and all permits required by the appropriate county, city or state health authorities certifying that the premises occupied, the equipment, the products sold, and the method of selling meet all current regulations, including health regulations. 2. Term. (a) The term of this agreement shall begin on the date of execution and shall end on December 31, 1969, both dates inclusive, unless terminated prior thereto as provided herein. 2. (b) During the term of this agreement, Concessionaire may remain open for business daily after 8:00 o'clock A. M. and before 10 :00 o'clock P. M. and shall be open for business on Satur- days, Sundays and holidays between noon and 5 :00 o'clock P. M. from October 1 to March 31 and every day from 10 :00 o'clock A. M. to 6 :00 o'clock P. M. from June 15 to September 30, all dates inclusive, during each year. Different dates and hours may be fixed by Conces- sionaire with the approval of the City. 3. Finishing Buildings and Furnishing Fixtures. (a) It is mutually understood that City by separate contract is having buildings and appurtenances constructed on said Public Service Area No. 1 in accordance with the plans and specifications therefor, a copy of which was obtained and reviewed by Concessionaire prior to the time his proposal was submitted to City. It is further under- stood that City is not having the interior of said buildings finished under its contract. Concessionaire agrees to complete the interior of the buildings and install all cabinets, fixtures and equipment and main- tain the same during the term hereof and connect all utilities neces- sary for Concessionaire's operations hereunder. Concessionaire agrees to coordinate the work on the interior and on the cabinets, fixtures and equipment with the work of City's building contractor under the direction of the architect employed by the City to super- vise the construction of the buildings and appurtenances on Public Service Area No. 1. Concessionaire agrees to do all the work of completing the interior of the buildings in Public Service Area No. 1 that is not required of the City's contractor under the plans and specifica- tions referred to above. Concessionaire shall pay all cost of doing the work hereunder other than the contract price being paid by City under said separate contract. All work on the building by Concessionaire shall be done in accordance with plans and specifications therefor, approved by 3. the City Council, a copy of which is attached hereto and marked Ex- hibit "B" and made a part hereof, and pursuant to a building permit issued by City and shall be subject to the approval of the Director of Building and Safety of City. Only first -class materials shall be used and all work must be performed and completed in a good and workmanlike manner. All cabinets and fixtures shall be of first -class materials and of the highest quality obtainable. The type, style, materials and workmanship of the cabinets and fixtures shall be sub- ject to the approval of City and, if any such are disapproved, they shall be reconstructed or replaced as necessary to obtain said approval. (b) Concessionaire shall pay in full for the comple- tion of the interior of the buildings as herein required at the time the work is done. Concessionaire may pay for the fixtures and equipment in full at the time they are acquired and installed or may obtain them by other lawful method. Notwithstanding the manner in which the fixtures and equipment are acquired and without limiting or restricting the duties and obligations of Concessionaire hereunder and without in any manner limiting or restricting the rights of City, Concessionaire agrees to execute a chattel mortgage at the request of City either before or at any time after the time Conces- sionaire begins actual operation of the concession in the form approved by the City in which Concessionaire hypothecates all of his present and future right, title and interest in and to all of the fixtures and equipment installed or used in the concession oper- ation during the term of the agreement (excluding equipment kept for rental purposes) in favor of City to guarantee the performance of all obligations of Concessionaire under this agreement during the entire term hereof, including the payments to City. At the end of the term of this agreement or any ex- tension thereof, if all payments required herein have been completed 4. and all obligations performed by Concessionaire, the obligation of the mortgage shall be deemed satisfied and the mortgage shall be dis- charged and of no further effect. Concessionaire may remove any fixtures or equipment installed in accordance with the requirements hereof which in the judgment of Concessionaire are obsolete or worn out; provided, how- ever, that any such fixtures or equipment so removed must be immedi- ately replaced by Concessionaire with new fixtures or equipment of equal quality which shall also be subject to the chattel mortgage provided for herein. (c) The work required of Concessionaire under this paragraph 3, including the completion of the interior of the build- ings, the connection of the utilities, and the installation of the cabinets, fixtures and equipment, must be completed on or before June 1, 1960. This completion date shall be extended only by the amount of time Concessionaire is delayed by the failure of the City's building contractor to complete the buildings or by strikes or catas- trophe beyond the control of Concessionaire. Concessionaire shall pay to City for each and every day, including Sundays and holidays, that he is in default in completing the work required hereunder the sum of Fifty Dollars ($50.00) as liquidated damages. It is mutually agreed that this is the amount of damages that City will suffer by reason of such default. (d) Concessionaire shall post a corporate surety bond with City conditioned upon Concessionaire completing all of the work on the interior of the buildings and the installation of cabinets, fixtures and equipment required herein and the payment of all claims of laborers, materialmen and others having lien rights under Title IV, Part III, of the Code of Civil Procedure. Said bond shall be in a sum of not less than $30,000.00 and shall be subject to the approval of the City Attorney as to form. 4. Concessionaire to Operate Business. Concessionaire agrees to assume said right, privilege, and concession hereby granted and to operate said concession within said buildings in Public Service 5. Area No. 1 for the purposes and in the manner and according to the terms and conditions herein stated, reserving, however, to City the right of ingress and egress to inspect said Public Service Area No. 1 and all buildings, equipment and fixtures thereon as deemed necessary by City. In accepting the concession hereby granted, Concession- aire understands that the volume of business to be done and the quantity of food, beverages and service to the public to be required are subject to fluctuation and depend upon season and the weather and other unpredictable factors. Notwithstanding the uncertainties in- volved, Concessionaire agrees to supply the demand as it arises and to maintain an adequate supply of labor, food, beverages and equipment to do so. 5. Repairs. (a) Concessionaire agrees to continuously maintain and keep in good repair at his own expense the two concession buildings on Public Service Area No. 1 and every part thereof except that which City hereinafter agrees to maintain. Concessionaire's obligation includes but is not limited to interior partitions of the buildings, window frames, doors, interior painting, and repair and replacement of windows in the buildings. If exterior painting or repair to the structure, roof or exterior walls is required by any act or omission of Concessionaire, City shall cause the painting or repair to be done but Concessionaire shall pay for it. Conces- sionaire also agrees to maintain and keep in good repair all equip- ment and fixtures in said buildings. All such work shall be done to the satisfaction of City. If, after ten (10) days' written notice from City to do specific items of maintenance or repair as required herein, Concessionaire has failed to do so, City may do the thing or things specified and bill Concessionaire for the cost thereof. Concessionaire shall reimburse the City for such cost within fifteen (15) days after receiving the bill. (b) City will do normal maintenance and normal repair on the structure of said buildings, including the maintenance and a repair of the roofs, exterior walls, and exterior painting. City shall have sole discretion as to when such repair, maintenance or painting is necessary. (c) Concessionaire shall not construct any additional buildings or make any structural changes, alterations or additions to any buildings in said area without the prior written consent of City. 6. Utilities. Newport Beach water and sewerage is avail- able in the park at Public Service Area No. 1. Concessionaire shall be entitled to water service and sewerage service under the same terms as any other occupant of premises in the City and shall pay the same fees, rate or rates as any other occupant. Concessionaire shall make arrangements for other utility services at said area and shall promptly pay all charges for utilities when due. 7. Concessionaire to Keep Area Clean. (a) Concessionaire shall keep the interior and exterior of the buildings and all of the area within Public Service Area No. 1 and in every direction within fifty (50) feet of said Public Service Area No. 1 clean and sanitary and free from rubbish, garbage and debris of every kind. Concession- aire shall furnish an adequate number of trash cans, approved by City as to type, color, condition and location, to service Public Service Area No. 1 and the 50 -foot area surrounding in such a manner that there shall always be adequate space to deposit rubbish, debris and garbage. The obligation of Concessionaire hereunder must be performed to the satisfaction of City. (b) City is currently providing garbage and refuse pickup service at said beach and at Public Service Area No. 1, but is not hereby obligated to continue said service. (c) Concessionaire need not provide beach cleaning in the park outside the area he is hereby obligated to keep clean. 8. Payments to City. (a) From the beginning of this agreement through December 31, 1964, Concessionaire shall pay to City a guaranteed minimum monthly payment of $ 20000.00 for the months of June, July, August and September or 21 per cent 7. of the monthly gross receipts from the sale of all salable items plus 51 _ per cent (1121.) of the monthly gross receipts for these months from all rental items, whichever sum may be larger, plus the same percentages of gross receipts indicated above for any calendar month or portion thereof that said concession is operated prior or subsequent to June, July, August and September during each year of this part of the term of this agreement. From January 1, 1965, through December 31, 1969, Concessionaire shall pay to City a guaranteed minimum monthly payment of $ 2vM*OO for the months of June, July, August and Sep- tember or 22 per cent (_!!_7) of the monthly gross receipts from the sale of all salable items plus 52 per cent (s4 %) of the monthly gross receipts for these months from all rental items, whichever sum may be larger, plus the same percentages of gross receipts indicated above for any calendar month or portion thereof that said concession is operated prior or subsequent to June, July, August and September during each year of this part of the term of this agreement. Payment of the percentages of gross receipts shall be made to City monthly on or before the twentieth day of the month following the month of oper- ation. In the event the sum of the percentages of monthly gross receipts does not equal the guaranteed minimum monthly rental, in the months during which the guaranteed minimum is required, then Con- cessionaire shall pay to City said minimum monthly payment on or before the twentieth day of the month following the month of opera- tion; provided, however, that if Concessionaire is prevented from operating said concession during a part of June, July, August or September, by any cause beyond his control, the required guaranteed minimum monthly payment shall be prorated in the ratio which the actual operating period bears to the full month for which said guar- anteed monthly minimum is required. City shall be the sole judge as to whether the cause preventing operation is beyond control of Con- cessionaire. (b) The term "gross receipts ", wherever used in this agreement, is intended to and shall mean all monies, property 0 or any other thing of value received by Concessionaire through the operation of said concession, or from any other business or activity carried on upon said area or any portion thereof, or from any other use of said area or any portion thereof by Concessionaire, or others with his approval, without any deduction or deductions; it being understood, however, that the term "gross receipts" shall not include any sales or excise taxes imposed by any governmental entity and collected by Concessionaire or deposits made with Concessionaire to guarantee the return of rental equipment. (c) Concessionaire shall maintain and use cash regis- ters for each and every sale or rental at each place where money is received for all sales of goods and rentals of equipment. All such cash registers shall be equipped with continuous recording drums and tapes to record receipts from sales and rentals. Such registers shall be kept locked and the totals shown thereon shall not be re- set except in the presence of an authorized representative of City. Copies of all tape shall be retained by Concessionaire during the term of this agreement and for a period of two (2) years thereafter. If any dispute exists at the end of such two years concerning gross receipts, Concessionaire shall not destroy such tape or any part thereof without the written consent of City. Both the registers and the tapes shall be subject to inspection and review by City upon request at any time during business hours. City shall request in- spection or review at such times as will not unnecessarily interfere with Concessionaire's business operation. (d) All payments shall be to the City at the office of the Director of Finance in the City Hall. 9. Posting of Rates and Prices, Advertising Signs, Trade Name. (a) Concessionaire shall post rates and prices in Public Service Area No. 1 at such places as may be designated by City. (b) All advertising matter to be published or cir- culated by or on behalf of Concessionaire shall be subject to approval in writing by City. Upon written request having been made, a all advertising matter shall thereafter be submitted to City for ap- proval prior to publication or circulation. (c) Concessionaire shall not place or allow any signs, placards, or advertising matter to be placed or maintained on, or attached to, the buildings or elsewhere in said area without the prior written consent of City, and such business signs shall be placed, maintained and attached in such manner as City prescribes prior to such placing. Any signs placed in said area shall be removed promptly upon request by City. (d) Concessionaire shall not use any trade name, style or title in any way in the conduct of the business without the same having been approved by City in writing. Concessionaire shall protect and hold City harmless against all claims and actions aris- ing from use of any name, style or title even though the same has received prior approval of City. 10. Beverage and Food Containers. (a) Concessionaire shall not sell drinks of any description in bottles, cans or break- able cups. All drinks shall be sold in paper, cardboard, or similar disposable type containers. All containers of food and beverage shall be subject to approval of City. Concessionaire shall immedi- ately discontinue sale or use of any containers disapproved by City. (b) The consumption of alcoholic beverages in the park is prohibited. Concessionaire shall not seek a license to sell alcoholic beverages therein. 11. Written Approval of Assignment. Concessionaire shall not assign or sublet the rights or privileges granted under this concession agreement or any interest in this agreement without the prior written consent of City. Any manager of the concession or of any unit of the concession must be of high moral character and able to meet and deal with the public in an effective and inoffensive manner. 12. Right of Termination. (a) In the event Concession- aire fails to make the payments to City at the time and in the manner 10. required herein or operates the concession in an unlawful manner or breaches or violates any other term or condition of this agreement, the City may at its option at any time, in addition to any other remedy it may have, terminate this agreement by giving notice in writing of such termination to Concessionaire specifying the effect- ive date of termination and thereupon take possession of the premises, including all City property and the buildings and all fixtures and equipment therein,and remove any and all persons or property there- from. Upon the date of termination fixed by City, Concessionaire shall give City possession of the buildings and the fixtures and equipment and turn the business over to City which shall thereafter operate the same or designate someone to do so, and all of Conces- sionaire's rights hereunder except to the payment hereinafter pro- vided, if any, shall terminate. Before termination by reason of default on the part of Concessionaire with respect to any covenant, matter, or thing on the part of Concessionaire to be kept, done, or performed hereunder (other than making the payments required here- under), City shall cause to be given to the Concessionaire a written notice specifying the particulars wherein Concessionaire is in default and demanding performance in accordance with the terms of this agree- ment. If, within ten (10) days after such notice is given, the Con- cessionaire shall have fully complied therewith, or in good faith shall have commenced the work or act necessary to comply therewith and thenceforth shall diligently prosecute such work or act to com- pletion, no termination by reason of such breach shall be declared hereunder, but, in the event of Concessionaire's failure to comply with such notice, the City may then declare and effect a termination by reason of the default therein specified. (b) In case City terminates this agreement under the provisions of this paragraph 12, City may at its option, either at the time of termination or after the market value of the fixtures and equipment is fixed as herein provided, enforce its rights under any mortgage it may have on the fixtures and equipment or it may 11. require Concessionaire to remove all fixtures and equipment used in the operation of the concession business or it may waive its rights under any such mortgage and pay Concessionaire 80% of the market value thereof for said fixtures and equipment as of the effective date of termination, reduced, however, by any amount owed to City by Concessionaire under the terms of this agreement and further re- duced by any amount required to accomplish repair or maintenance which under this agreement is the obligation of Concessionaire and further reduced by the amount of any lien on the fixtures and equip- ment and by any amount owed by Concessionaire, the payment of which is secured by a hypothecation of such fixtures and equipment or any part thereof. If required by City, Concessionaire shall remove all fixtures and equipment within thirty (30) days after being given notice to do so. Failure to remove all of the same within that time shall constitute abandonment of those remaining and the same shall thereupon become the property of the City and City may use them or dispose of them and retain the proceeds. Upon removal of any fixtures or equipment Concessionaire shall not damage the buildings or any part thereof and shall repair and paint all walls and floors when removal occurs. Such work must be done in a good workmanlike manner and the buildings must be left in condition to permit a concession business to operate without further repair or painting. Said market value shall be determined by an appraisal board consisting of three (3) members appointed in the following manner: Within ten (10) days after the effective date of termination, City shall appoint one member of said board, giving notice of such appointment to Conces- sionaire in writing. Within ten (10) days after the service of such notice, Concessionaire shall appoint a second member of said board, giving notice of such appointment to City in writing. The two appraisers thus selected shall appoint a third appraiser within ten (10) days after the appointment of the second and the service of the notice of such appointment as required above. In the event of the failure to appoint any appraiser as set forth herein, either party may apply to the presiding judge of the Superior Court of the 12. State of California in and for the County of Orange for the appoint- ment of such appraiser. The appraisal board shall fix the market value of the fixtures and equipment used in the operation of the concession business within thirty (30) days after the appointment of the third appraiser or as soon as is possible to render a fair decision. The decision of the majority of the appraisal board shall be the decision of all. Upon payment of the sum herein provided, if any, by City to Concessionaire, Concessionaire's title to all such fixtures and equipment shall be automatically transferred to City. If Con- cessionaire has no ownership interest in the fixtures and equipment, he shall, nevertheless, at the request of City assign his right to possession and all other rights thereto to City upon the date of termination fixed by City. The term "fixtures and equipment" as used here does not include equipment kept for rental purposes. Such equipment shall, upon termination, be removed in accordance with paragraph 15 hereof. 13. Cost of Improvements. Upon completion of the work of finishing the inside of the building or buildings and the installa- tion of cabinets and fixtures and the connection of utilities as required herein, Concessionaire shall, within thirty (30) days, sub- mit an itemized statement of the cost of such work to City. Such statement shall include only the actual contract price paid by Con- cessionaire for such work, or, if it is not done under contract, the direct labor and material cost to Concessionaire for such work plus the actual cost of overhead to the extent the overhead does not exceed 10% of the labor and material cost. Such cost including the overhead to the extent permitted shall be termed "Concessionaire's Investment" for the purpose of the provisions of paragraph 14 of this agreement. 14. City Right to Purchase. In addition to the right to terminate this agreement under paragraph 12, City has the option to terminate at any time upon giving not less than thirty (30) days' 13. written notice to Concessionaire This right to terminate is absolute and City need have no reason therefor. Upon the date of termination fixed by City in said written notice, Concessionaire shall give City possession of the buildings and the fixtures and equipment and turn the concession business over to City which shall thereafter operate the same or designate someone to do so, and all of Concessionaire °s rights hereunder, except the right to the payment hereinafter pro- vided, if any, shall terminate. City shall within sixty (60) days after the date of termination pay to Concessionaire the market value of the equipment owned by Concessionaire and used in the oper- ation of the business (excluding the equipment kept for rental pur- poses) fixed in the same manner as the market value of fixtures and equipment may be fixed upon termination under paragraph 12 plus the following percentage of the "Concessionaire °s Investment" according to the effective date of the termination, reduced, however, by any amount owed to City by Concessionaire under the terms of this agree- ment and further reduced by any amount required to accomplish repair or maintenance which under this agreement is the obligation of Con- cessionaire and further reduced by the amount of any lien on said fixtures or equipment and by any amount owed by Concessionaire, the payment of which is secured by a hypothecation of such fixtures and equipment or any part thereof: Termination Date: Percentage: Before April 1, 1961 100% April 1, 1961, to March 31, 1962 80% April 1, 1962, to March 31, 1963 60% April 1, 1963, to March 31, 1964 40% April 1, 1964, to March 31, 1965 20% After March 31, 1965 10% Upon City exercising this option and the payment of the sums herein provided, if any, by City to Concessionaire, Concession- aire's title to all such fixtures and equipment shall be automatically transferred to City. If Concessionaire has no ownership interest in all or a portion of the fixtures or equipment, he shall, nevertheless, assign 14. " his right to possession and all other rights thereto to City upon the date of termination fixed by City. 15. Removal of Property. Upon expiration or termination of this agreement, the Concessionaire shall within fifteen (15) days thereafter remove from said premises, or otherwise dispose of, in a manner satisfactory to City, all personal property belonging to Con- cessionaire, including the equipment kept for rental purposes, located on said premises. Should Concessionaire fail to remove or dispose of his property as herein provided, City may at its election consider such property abandoned or may dispose of same at Conces- sionaire's expense. Upon expiration or termination hereof, except as specifically provided herein, Concessionaire shall leave the premises, buildings, fixtures and equipment except that kept for rental purposes in good condition and repair. Concessionaire shall not remove any fixtures or equipment used in the operation of the concession business which is assigned to or becomes property of City as hereinbefore provided, except Concessionaire shall remove equip- ment kept for rental purposes and personal property which includes vehicles, groceries, supplies, personal clothing, office supplies, office furniture, and nothing else. 16. Hold Harmless - Insurance. (a) Concessionaire agrees to release, and to protect and save harmless, City and State and their officers, agents and employees from any and all claims, loss or liability on account of injury, loss, or damage to persons or property suffered or sustained in, on, or about the premises or else- where by any person whomsoever in any manner directly or indirectly arising by reason of the conduct of Concessionaire's business or the use of equipment, consumption of food or drink or the use or occu- pancy of said premises by Concessionaire or by any person claiming under Concessionaire. (b) Concessionaire shall, at all times during the term of this agreement, maintain in full force and effect, with respect to this agreement, a policy or policies of Public Liability 15. and Property Damage Insurance with minimum limits of $500,000/, $1,000,000 Public Liability, with products liability, and at least $50,000 Property Damage Liability, naming the City and State and their officers, agents, and employees, as additional insured. Said policy or policies shall contain an endorsement providing that the insurance company shall not cancel such policy or policies without thirty (30) days' prior written notice to City and that the City is not liable for the payment of any premiums or assessments on said policy or policies. (c) Said policy or policies shall be in a form sat- isfactory to City and certificates issued by the insuring company shall be submitted to City concurrently with the execution of this agreement. Certificates for any new or renewal policies effective during the term of this agreement shall be submitted to City at least twenty (20) days prior to the effective date of such policy or policies. 17. Damage of Premises. In the event of destruction, loss, or damage by fire or other cause of any of the buildings, improvements, or fixtures in said Public Service Area No. 1 used by Concessionaire, the City shall not be obligated to replace such destroyed, lost, or damaged property, or be liable to said Concessionaire for any loss of use or damage by reason thereof. 18. Fire Insurance. Concessionaire agrees to maintain a fire insurance policy with extended coverage on the fixtures and equipment used by Concessionaire, insuring the same to the full in- surable value thereof. In the event of destruction, loss or damage, all proceeds from such insurance shall be deposited in a bank in the City of Newport Beach approved by City and used by Concessionaire only for the purpose of replacing, repairing and restoring the fix- tures and equipment. Concessionaire shall begin the work within thirty (30) days after notice from the City to do so and complete the same as rapidly as possible. Should the cost of replacing, re- pairing and restoring such fixtures and equipment exceed the insurance 16. proceeds, Concessionaire shall pay the remainder of such cost.. Not- withstanding the interruption of the business of Concessionaire while the work is being done, this agreement shall continue in effect. If the buildings are destroyed or substantially damaged and the City gives written notice to Concessionaire that City does not intend to restore the buildings, or if one year has passed and the City has not restored the buildings, Concessionaire may elect to re- store the buildings to the satisfaction of the City and then restore, repair or replace the damaged fixtures and equipment and continue the concession business or may treat this contract at an end and with- draw any insurance proceeds from his insurance which were previously deposited as required herein. 19. Workmen's Compensation Insurance. Concessionaire shall maintain Workmen's Compensation Insurance for all his employees. 20. Insurance Policies Filed. Concessionaire shall place the policies of all insurance required by this agreement or duplicates thereof or certificates evidencing the same on file with the City. 21. Books of Account. Concessionaire agrees to keep books of account in connection with the operation of said concession in a manner satisfactory to City, which books shall be open at all times to City for the purpose of inspection or audit. For each calendar year or portion thereof at the beginning or end of the agreement, unless a different reporting period has been approved by City, Con- cessionaire shall submit within forty -five (45) days after the close of the reporting period such financial statements of his operations as may be requested by City. 22. Notices. (a) All notices herein provided to be given, or which may be given, by either party to the other, shall be deemed to have been fully given when made in writing and deposited in the United States mail at Newport Beach, California, certified and post- age prepaid, and addressed as follows: To the Concessionaire at 3t eb. CalLfwaia. 17. 3708 Croats Ara.. mass and to the City at City of Newport Beach, Attention City Manager, City Hall, 3300 Newport Boulevard, Newport Beach, California. (b) The address to which the notices shall or may be mailed as aforesaid by either party shall or may be changed by written notice, given by such party to the other, as hereinbefore provided; but nothing herein contained shall preclude the giving of any such notice by personal service. 23. Title to Real Property. Concessionaire hereby ack- nowledges the title of the State of California and the City of Newport Beach to the land comprising Corona del Mar State and City Beach Park and agrees never to assail or contest that title. Concessionaire is not being granted any right, title or interest in or to the land or any part thereof by this agreement. 24. Contractual Rights Only. The parties agree that Con- cessionaire is not a lessee or tenant of the premises or any part thereof and that the only rights of Concessionaire are those pro- vided in this agreement. Should Concessionaire be deemed a lessee or tenant, Concessionaire hereby specifically waives all rights under Section 1942 of the Civil Code of the State of California. 25. Administration of Contract. For the purposes of the administration of this contract by the City, "City" shall mean the City Manager or an officer or employee of the City of Newport Beach authorized by him to administer the contract. If Concessionaire is dissatisfied with any action or decision of the City, Concessionaire may take the matter to the City Council for review. A decision by the City Council is final. 26. Concessionaire to Pay Cost of Litigation. Concession- aire agrees to pay City all costs and expenses, including reasonable attorney's fees, incurred by City in any action brought by City to enforce the terms of this agreement. 27. Limited Waiver. No waiver by the City of any term or condition of the contract or of any breach thereof by Concessionaire no shall constitute a waiver of any other term or condition or of any other or future breach. 28. Automatic Termination. Should any person other than Concessionaire secure possession of Public Service Area No. 1 or of any part thereof or secure any rights under this contract by a writ of attachment or execution or by any voluntary or involuntary assign- ment or by any petition, receivership or proceedings in bankruptcy or any other operation of law whatsoever, and remain in possession or maintain any right or rights for a period of five (5) days, this agreement shall automatically terminate without any action on the part of City, and City may enter and take possession of the premises, buildings and fixtures and remove all persons and property therefrom notwithstanding any other provisions of law or of this agreement. 29. State Approval. It is mutually understood that this agreement must be submitted to the Division of Beaches and Parks, Department of Natural Resources, of the State of California for approval and is not effective until such approval. 30. Telephone Booths. Space is provided on said Public Service Area No. 1 for telephone booths. Concessionaire shall ar- range to have coin - operated telephones installed as necessary to serve the public. Concessionaire shall provide electricity to the booths and shall keep them clean. Any revenue to Concessionaire shall be included in his gross receipts. 31. Parking Lot. Concessionaire understands and agrees that City is to operate the parking lot at the Park and may increase or decrease the size thereof in the sole discretion of City. City shall determine the times of operation of the lot and may close the same at any time it deems necessary or convenient. All revenue from the lot belongs to City. It is agreed that City will allocate and designate the location of parking spaces deemed necessary by City to serve Conces- sionaire and employees of Concessionaire without charge therefor. The number of spaces allocated without charge shall not exceed five (5). 19. ' T Jew 32. Business Use Only The buildings used hereunder by Concessionaire are for business use only and neither Concessionaire nor any employee or agent of Concessionaire shall reside in such buildings or in Public Service Area No. 1. 33. Prompt Performance Required. Time is of the essence of this agreement. IN WITNESS WHEREOF the parties have executed this agreement as of the date first above written. TOSH BROS. Concessionaire / By ZW4aug. ✓�/� W. J.Ubn p By 9. "1M,. V� Ian M. Tosh CITY,RF NEWPORT M yor Attest: an -4•�.M �t�.Mi� -O� — — ��City Clerk ARMU of DitialOG of 30801148 Md "Mks, DgOTtMMt of sm- A•ooaron, of the State of California, this z dsy of sr _ DEPARTMENT OF- NATURAL RESOURCES Chief B3, Division of Administrative jervices DeWITT NELSON, Director WWC :mec 2/9/60 CONCESSION AGREEMENT CORONA del MAR STATE AND CITY BEACH PARK THIS AGREEMENT, made and executed this 28th day of March, 1960, by and between the CITY OF NEWPORT BEACH, a municipal corpora- tion, hereinafter referred to as "City ", and Donald W. Tosh and Ian M. business as Tosh Bros., Tosh, doing /, hereinafter referred to as "Concessionaire "; RECITALS WHEREAS, City owns certain real property southerly of Ocean Boulevard in Corona del Mar and controls certain other real property under a lease from the State of California which together comprise the Corona del Mar State and City Beach Park; and WHEREAS, City has awarded a contract for the construction of buildings and appurtenances on an area designated as Public Service Area No. 1 in said park (not including, however, the completion of the inside of said buildings and installation of fixtures as required in this contract) as said area is shown on a plot plan of said park dated February 9, 1960, and attached hereto and marked Exhibit "A "; and WHEREAS, City finds it to be in the public interest and consistent with park uses to grant an exclusive right to operate a concession business as herein provided in the buildings on said Public Service Area No. 1; and WHEREAS, City invited proposals from prospective conces- sionaires and Concessionaire was awarded the exclusive right to operate said concession business as a result thereof; NOW, THEREFORE, the parties agree: 1. Concession: (a) City hereby grants to Concessionaire the exclusive right, privilege and concession to conduct a business within the buildings on said Public Service Area No. 1 in said park for the vending of light foods and sandwiches, soft drinks, coffee, ice cream or ice cream products, cigars, cigarettes and tobaccos, candies, chewing gum, suntan lotions, film, sunglasses, firewood, and small items of fishing tackle such as lines, hooks and weights, for the rental of various items of beach equipment such as back rests, umbrellas, and surf - riders, and for the sale or rental of other items of similar nature usually sold or rented at a resort refreshment stand. Concessionaire shall not sell fishing gear such as poles, reels or gear containers. Concessionaire agrees to pro- vide all necessary fixtures, goods, merchandise, labor and equipment required for the vending or renting of the above items or any other items permitted to be sold or rented. (b) City reserves the right to prohibit the use, dis- play, sale or rental of any machine, item or article which it deems objectionable or beyond the scope of merchandise deemed necessary by City for proper service to the public. This includes but is not limited to the right to restrict or prohibit vending machines of all kinds and machines producing music or any other noise or sound. Prices shall be fixed by Concessionaire, but must not be in excess of prevailing prices in the City of Newport Beach for similar products, and City reserves the right to establish and revise a schedule of maximum prices for any or all items sold or rented to the public by Concessionaire. All food and beverage products sold shall be of uniform high quality. Failure to maintain quality deemed satisfac- tory by City shall be deemed a breach of this agreement. Unimpaired use of Public Service Area No. 1 by the public is to be maintained throughout the term of the concession agreement. (c) Concessionaire shall be subject to all state and local laws, rules and regulations and shall pay all taxes lawfully assessed prior to delinquency and shall obtain and display at all times a business license and all permits required by the appropriate county, city or state health authorities certifying that the premises occupied, the equipment, the products sold, and the method of selling meet all current regulations, including health regulations. 2. Term. (a) The term of this agreement shall begin on the date of execution and shall end on December 31, 1969, both dates inclusive, unless terminated prior thereto as provided herein. 2. (b) During the term of this agreement, Concessionaire may remain open for business daily after 8:00 o'clock A. M. and before 10:00 o'clock P. M. and shall be open for business on Satur- days, Sundays and holidays between noon and 5:00 o'clock P. M. from October 1 to March 31 and every day from 10:00 o'clock A. M. to 6 :00 o'clock P. M. from June 15 to September 30, all dates inclusive, during each year. Different dates and hours may be fixed by Conces- sionaire with the approval of the City. 3. Finishing Buildings and Furnishing Fixtures. (a) It is mutually understood that City by separate contract is having buildings and appurtenances constructed on said Public Service Area No. 1 in accordance with the plans and specifications therefor, a copy of which was obtained and reviewed by Concessionaire prior to the time his proposal was submitted to City. It is further under- stood that City is not having the interior of said buildings finished under its contract. Concessionaire agrees to complete the interior of the buildings and install all cabinets, fixtures and equipment and main- tain the same during the term hereof and connect all utilities neces- sary for Concessionaire's operations hereunder. Concessionaire agrees to coordinate the work on the interior and on the cabinets, fixtures and equipment with the work of City's building contractor under the direction of the architect employed by the City to super- vise the construction of the buildings and appurtenances on Public Service Area No. 1. Concessionaire agrees to do all the work of completing the interior of the buildings in Public Service Area No. 1 that is not required of the City's contractor under the plans and specifica- tions referred to above. Concessionaire shall pay all cost of doing the work hereunder other than the contract price being paid by City under said separate contract. All work on the building by Concessionaire shall be done in accordance with plans and specifications therefor, approved by om the City Council, a copy of which is attached hereto and marked Ex- hibit "B" and made a part hereof, and pursuant to a building permit issued by City and shall be subject to the approval of the Director of Building and Safety of City. Only first -class materials shall be used and all work must be performed and completed in a good and workmanlike manner. All cabinets and fixtures shall be of first -class materials and of the highest quality obtainable. The type, style, materials and workmanship of the cabinets and fixtures shall be sub- ject to the approval of City and, if any such are disapproved, they shall be reconstructed or replaced as necessary to obtain said approval. (b) Concessionaire shall pay in full for the comple- tion of the interior of the buildings as herein required at the time the work is done. Concessionaire may pay for the fixtures and equipment in full at the time they are acquired and installed or may obtain them by other lawful method. Notwithstanding the manner in which the fixtures and equipment are acquired and without limiting or restricting the duties and obligations of Concessionaire hereunder and without in any manner limiting or restricting the rights of City, Concessionaire agrees to execute a chattel mortgage at the request of City either before or at any time after the time Conces- sionaire begins actual operation of the concession in the form approved by the City in which Concessionaire hypothecates all of his present and future right, title and interest in and to all of the fixtures and equipment installed or used in the concession oper- ation during the term of the agreement (excluding equipment kept for rental purposes) in favor of City to guarantee the performance of all obligations of Concessionaire under this agreement during the entire term hereof, including the payments to City. At the end of the term of this agreement or any ex- tension thereof, if all payments required herein have been completed 4. and all obligations performed by Concessionaire, the obligation of the mortgage shall be deemed satisfied and the mortgage shall be dis- charged and of no further effect. Concessionaire may remove any fixtures or equipment installed in accordance with the requirements hereof which in the judgment of Concessionaire are obsolete or worn out; provided, how- ever, that any such fixtures or equipment so removed must be immedi- ately replaced by Concessionaire with new fixtures or equipment of equal quality which shall also be subject to the chattel mortgage provided for herein. (c) The work required of Concessionaire under this paragraph 3, including the completion of the interior of the build- ings, the connection of the utilities, and the installation of the cabinets, fixtures and equipment, must be completed on or before June 1, 1960. This completion date shall be extended only by the amount of time Concessionaire is delayed by the failure of the City's building contractor to complete the buildings or by strikes or catas- trophe beyond the control of Concessionaire. Concessionaire shall pay to City for each and every day, including Sundays and holidays, that he is in default in completing the work required hereunder the sum of Fifty Dollars ($50.00) as liquidated damages. It is mutually agreed that this is the amount of damages that City will suffer by reason of such default. (d) Concessionaire shall post a corporate surety bond with City conditioned upon Concessionaire completing all of the work on the interior of the buildings and the installation of cabinets, fixtures and equipment required herein and the payment of all claims of laborers, materialmen and others having lien rights under Title IV, Part III, of the Code of Civil Procedure. Said bond t. shall be in a sum of not less than $30,000.00 and shall be subject to the approval of the City Attorney as to form. 4. Concessionaire to Operate Business. Concessionaire agrees to assume said right, privilege, and concession hereby granted and to operate said concession within said buildings in Public Service 5. Area No. 1 for the purposes and in the manner and according to the terms and conditions herein stated, reserving, however, to City the right of ingress and egress to inspect said Public Service Area No. 1 and all buildings, equipment and fixtures thereon as deemed necessary by City. In accepting the concession hereby granted, Concession- aire understands that the volume of business to be done and the quantity of food, beverages and service to the public to be required are subject to fluctuation and depend upon season and the weather and other unpredictable factors. Notwithstanding the uncertainties in- volved, Concessionaire agrees to supply the demand as it arises and to maintain an adequate supply of labor, food, beverages and equipment to do so. 5. Repairs. (a) Concessionaire agrees to continuously maintain and keep in good repair at his own expense the two concession buildings on Public Service Area No. 1 and every part thereof except that which City hereinafter agrees to maintain. Concessionaire's obligation includes but is not limited to interior partitions of the buildings, window frames, doors, interior painting, and repair and replacement of windows in the buildings. If exterior painting or repair to the structure, roof or exterior walls is required by any act or omission of Concessionaire, City shall cause the painting or repair to be done but Concessionaire shall pay for it. Conces- sionaire also agrees to maintain and keep in good repair all equip- ment and fixtures in said buildings. All such work shall be done to the satisfaction of City. If, after ten (10) days' written notice from City to do specific items of maintenance or repair as required herein, Concessionaire has failed to do so, City may do the thing or things specified and bill Concessionaire for the cost thereof. Concessionaire shall reimburse the City for such cost within fifteen (15) days after receiving the bill. (b) City will do normal maintenance and normal repair on the structure of said buildings, including the maintenance and W repair of the roofs, exterior walls, and exterior painting. City shall have sole discretion as to when such repair, maintenance or painting is necessary. (c) Concessionaire shall not construct any additional buildings or make any structural changes, alterations or additions to any buildings in said area without the prior written consent of City. 6. Utilities. Newport Beach water and sewerage is avail- able in the park at Public Service Area No. 1. Concessionaire shall be entitled to water service and sewerage service under the same terms as any other occupant of premises in the City and shall pay the same fees, rate or rates as any other occupant. Concessionaire shall make arrangements for other utility services at said area and shall promptly pay all charges for utilities when due. 7. Concessionaire to Keep Area Clean. (a) Concessionaire shall keep the interior and exterior of the buildings and all of the area within Public Service Area No. 1 and in every direction within fifty (50) feet of said Public Service Area No. 1 clean and sanitary and free from rubbish, garbage and debris of every kind. Concession- aire shall furnish an adequate number of trash cans, approved by City as to type, color, condition and location, to service Public Service Area No. 1 and the 50 -foot area surrounding in such a manner that there shall always be adequate space to deposit rubbish, debris and garbage. The obligation of Concessionaire hereunder must be performed to the satisfaction of City. (b) City is currently providing garbage and refuse pickup service at said beach and at Public Service Area No. 1, but is not hereby obligated to continue said service. (c) Concessionaire need not provide beach cleaning in the park outside the area he is hereby obligated to keep clean. 8. Payments to City. (a) From the beginning of this agreement through December 31, 1964, Concessionaire shall pay to City a guaranteed minimum monthly payment of $ 2,000.00 for the months of June, July, August and September or 21 per cent (21 /) 7. of the monthly gross receipts from the sale of all salable items plus 5_ per cent (112/) of the monthly gross receipts for these months from all rental items, whichever sum may be larger, plus the same percentages of gross receipts indicated above for any calendar month or portion thereof that said concession is operated prior or subsequent to June, July, August and September during each year of this part of the term of this agreement. From January 1, 1965, through December 31, 1969, Concessionaire shall pay to City a guaranteed minimum monthly payment of $ 2,000.00 for the months of June, July, August and Sep- tember or 22 per cent (22 %) of the monthly gross receipts from the sale of all salable items plus 52 per cent (52 %) of the monthly gross receipts for these months from all rental items, whichever sum may be larger, plus the same percentages of gross receipts indicated above for any calendar month or portion thereof that said concession is operated prior or subsequent to June, July, August and September during each year of this part of the term of this agreement. Payment of the percentages of gross receipts shall be made to City monthly on or before the twentieth day of the month following the month of oper- ation. In the event the sum of the percentages of monthly gross receipts does not equal the guaranteed minimum monthly rental, in the months during which the guaranteed minimum is required, then Con- cessionaire shall pay to City said minimum monthly payment on or before the twentieth day of the month following the month of opera- tion; provided, however, that if Concessionaire is prevented from operating said concession during a part of June, July, August or September, by any cause beyond his control, the required guaranteed minimum monthly payment shall be prorated in the ratio which the actual operating period bears to the full month for which said guar- anteed monthly minimum is required. City shall be the sole judge as to whether the cause preventing operation is beyond control of Con- cessionaire. (b) The term "gross receipts ", wherever used in this agreement, is intended to and shall mean all monies, property go or any other thing of value received by Concessionaire through the operation of said concession, or from any other business or activity carried on upon said area or any portion thereof, or from any other use of said area or any portion thereof by Concessionaire, or others with his approval, without any deduction or deductions; it being understood, however, that the term "gross receipts" shall not include any sales or excise taxes imposed by any governmental entity and collected by Concessionaire or deposits made with Concessionaire to guarantee the return of rental equipment. (c) Concessionaire shall maintain and use cash regis- ters for each and every sale or rental at each place where money is received for all sales of goods and rentals of equipment. All such cash registers shall be equipped with continuous recording drums and tapes to record receipts from sales and rentals. Such registers shall be kept locked and the totals shown thereon shall not be re- set except in the presence of an authorized representative of City. Copies of all tape shall be retained by Concessionaire during the term of this agreement and for a period of two (2) years thereafter. If any dispute exists at the end of such two years concerning gross receipts, Concessionaire shall not destroy such tape or any part thereof without the written consent of City. Both the registers and the tapes shall be subject to inspection and review by City upon request at any time during business hours. City shall request in- spection or review at such times as will not unnecessarily interfere with Concessionaire's business operation. (d) All payments shall be to the City at the office of the Director of Finance in the City Hall. 9. Posting of Rates and Prices, Advertising Signs, Trade Name. (a) Concessionaire shall post rates and prices in Public Service Area No. 1 at such places as may be designated by City. (b) All advertising matter to be published or cir- culated by or on behalf of Concessionaire shall be subject to approval in writing by City. Upon written request having been made, a all advertising matter shall thereafter be submitted to City for ap- proval prior to publication or circulation. (c) Concessionaire shall not place or allow any signs, placards, or advertising matter to be placed or maintained on, or attached to, the buildings or elsewhere in said area without the prior written consent of City, and such business signs shall be placed, maintained and attached in such manner as City prescribes prior to such placing. Any signs placed in said area shall be removed promptly upon request by City. (d) Concessionaire shall not use any trade name, style or title in any way in the conduct of the business without the same having been approved by City in writing. Concessionaire shall protect and hold City harmless against all claims and actions aris- ing from use of any name, style or title even though the same has received prior approval of City. 10. Beverage and Food Containers. (a) Concessionaire shall not sell drinks of any description in bottles, cans or break- able cups. All.drinks shall be sold in paper, cardboard, or similar disposable type containers. All containers of food and beverage shall be subject to approval of City. Concessionaire shall immedi- ately discontinue sale or use of any containers disapproved by City. (b) The consumption of alcoholic beverages in the park is prohibited. Concessionaire shall not seek a license to sell alcoholic beverages therein. 11. Written Approval of Assignment. Concessionaire shall not assign or sublet the rights or privileges granted under this concession agreement or any interest in this agreement without the prior written consent of City. Any manager of the concession or of any unit of the concession must be of high moral character and able to meet and deal with the public in an effective and inoffensive manner. 12. Right of Termination. (a) In the event Concession- aire fails to make the payments to City at the time and in the manner f" required herein or operates the concession in an unlawful manner or breaches or violates any other term or condition of this agreement, the City may at its option at any time, in addition to any other remedy it may have, terminate this agreement by giving notice in writing of such termination to Concessionaire specifying the effect- ive date of termination and thereupon take possession of the premises, including all City property and the buildings and all fixtures and equipment therein,and remove any and all persons or property there- from. Upon the date of termination fixed by City, Concessionaire shall give City possession of the buildings and the fixtures and equipment and turn the business over to City which shall thereafter operate the same or designate someone to do so, and all of Conces- sionaire's rights hereunder except to the payment hereinafter pro- vided, if any, shall terminate. Before termination by reason of default on the part of Concessionaire with respect to any covenant, matter, or thing on the part of Concessionaire to be kept, done, or performed hereunder (other than making the payments required here- under), City shall cause to be given to the Concessionaire a written notice specifying the particulars wherein Concessionaire is in default and demanding performance in accordance with the terms of this agree- ment. If, within ten (10) days after such notice is given, the Con- cessionaire shall have fully complied therewith, or in good faith shall have commenced the work or act necessary to comply therewith and thenceforth shall diligently prosecute such work or act to com- pletion, no termination by reason of such breach shall be declared hereunder, but, in the event of Concessionaire's failure to comply with such notice, the City may then declare and effect a termination by reason of the default therein specified. (b) In case City terminates this agreement under the provisions of this paragraph 12, City may at its option, either at the time of termination or after the market value of the fixtures and equipment is fixed as herein provided, enforce its rights under any mortgage it may have on the fixtures and equipment or it may 11. require Concessionaire to remove all fixtures and equipment used in the operation of the concession business or it may waive its rights under any such mortgage and pay Concessionaire 80% of the market value thereof for said fixtures and equipment as of the effective date of termination, reduced, however, by any amount owed to City by Concessionaire under the terms of this agreement and further re- duced by any amount required to accomplish repair or maintenance which under this agreement is the obligation of Concessionaire and further reduced by the amount of any lien on the fixtures and equip- ment and by any amount owed by Concessionaire, the payment of which is secured by a hypothecation of such fixtures and equipment or any part thereof. If required by City, Concessionaire shall remove all fixtures and equipment within thirty (30) days after being given notice to do so. Failure to remove all of the same within that time shall constitute abandonment of those remaining and the same shall thereupon become the property of the City and City may use them or dispose of them and retain the proceeds. Upon removal of any fixtures or equipment Concessionaire shall not damage the buildings or any part thereof and shall repair and paint all walls and floors when removal occurs. Such work must be done in a good workmanlike manner and the buildings must be left in condition to permit a concession business to operate without further repair or painting. Said market value shall be determined by an appraisal board consisting of three (3) members appointed in the following manner: Within ten (10) days after the effective date of termination, City shall appoint one member of said board, giving notice of such appointment to Conces- sionaire in writing. Within ten (10) days after the service of such notice, Concessionaire shall appoint a second member of said board, giving notice of such appointment to City in writing. The two appraisers thus selected shall appoint a third appraiser within ten (10) days after the appointment of the second and the service of the notice of such appointment as required above. In the event of the failure to appoint any appraiser as set forth herein, either party may apply to the presiding judge of the Superior Court of the 12. State of California in and for the County of Orange for the appoint- ment of such appraiser. The appraisal board shall fix the market value of the fixtures and equipment used in the operation of the concession business within thirty (30) days after the appointment of the third appraiser or as soon as is possible to render a fair decision. The decision of the majority of the appraisal board shall be the decision of all. Upon payment of the sum herein provided, if any, by City to Concessionaire, Concessionaire's title to all such fixtures and equipment shall be automatically transferred to City. If Con- cessionaire has no ownership interest in the fixtures and equipment, he shall, nevertheless, at the request of City assign his right to possession and all other rights thereto to City upon the date of termination fixed by City. The term "fixtures and equipment" as used here does not include equipment kept for rental purposes. Such equipment shall, upon termination, be removed in accordance with paragraph 15 hereof. 13. Cost of Improvements. Upon completion of the work of finishing the inside of the building or buildings and the installa- tion of cabinets and fixtures and the connection of utilities as required herein, Concessionaire shall, within thirty (30) days, sub- mit an itemized statement of the cost of such work to City. Such statement shall include only the actual contract price paid by Con- cessionaire for such work, or, if it is not done under contract, the direct labor and material cost to Concessionaire for such work plus the actual cost of overhead to the extent the overhead does not exceed 10% of the labor and material cost. Such cost including the overhead to the extent permitted shall be termed "Concessionaire's Investment" for the purpose of the provisions of paragraph 14 of this agreement. 14. City Right to Purchase. In addition to the right to terminate this agreement under paragraph 12, City has the option to terminate at any time upon giving not less than thirty (30) days' 13. written notice to Concessionaire. This right to terminate is absolute and City need have no reason therefor. Upon the date of termination fixed by City in said written notice, Concessionaire shall give City possession of the buildings and the fixtures and equipment and turn the concession business over to City which shall thereafter operate the same or designate someone to do so, and all of Concessionaire's rights hereunder, except the right to the payment hereinafter pro- vided, if any, shall terminate. City shall within sixty (60) days after the date of termination pay to Concessionaire the market value of the equipment owned by Concessionaire and used in the oper- ation of the business (excluding the equipment kept for rental pur- poses) fixed in the same manner as the market value of fixtures and equipment may be fixed upon termination under paragraph 12 plus the following percentage of the "Concessionaire's Investment" according to the effective date of the termination, reduced, however, by any amount owed to City by Concessionaire under the terms of this agree- ment and further reduced by any amount required to accomplish repair or maintenance which under this agreement is the obligation of Con- cessionaire and further reduced by the amount of any lien on said fixtures or equipment and by any amount owed by Concessionaire, the payment of which is secured by a hypothecation of such fixtures and equipment or any part thereof: Termination Date: Percentage: Before April 1, 1961 100% April 1, 1961, to March 31, 1962 80% April 1, 1962, to March 31, 1963 60% April 1, 1963, to March 31, 1964 40% April 1, 1964, to March 31, 1965 20% After March 31, 1965 10% Upon City exercising this option and the payment of the sums herein provided, if any, by City to Concessionaire, Concession- aire's title to all such fixtures and equipment shall be automatically transferred to City. If Concessionaire has no ownership interest in all or a portion of the fixtures or equipment, he shall, nevertheless, assign 14. his right to possession and all other rights thereto to City upon the date of termination fixed by City. 15. Removal of Property. Upon expiration or termination of this agreement, the Concessionaire shall within fifteen (15) days thereafter remove from said premises, or otherwise dispose of, in a manner satisfactory to City, all personal property belonging to Con- cessionaire, including the equipment kept for rental purposes, located on said premises. Should Concessionaire fail to remove or dispose of his property as herein provided, City may at its election consider such property abandoned or may dispose of same at Conces- sionaire's expense. Upon expiration or termination hereof, except as specifically provided herein, Concessionaire shall leave the premises, buildings, fixtures and equipment except that kept for rental purposes in good condition and repair. Concessionaire shall not remove any fixtures or equipment used in the operation of the concession business which is assigned to or becomes property of City as hereinbefore provided, except Concessionaire shall remove equip- ment kept for rental purposes and personal property which includes vehicles, groceries, supplies, personal clothing, office supplies, office furniture, and nothing else. 16. Hold Harmless - Insurance. (a) Concessionaire agrees to release, and to protect and save harmless, City and State and their officers, agents and employees from any and all claims, loss or liability on account of injury, loss, or damage to persons or property suffered or sustained in, on, or about the premises or else- where by any person whomsoever in any manner directly or indirectly arising by reason of the conduct of Concessionaire's business or the use of equipment, consumption of food or drink or the use or occu- pancy of said premises by Concessionaire or by any person claiming under Concessionaire. (b) Concessionaire shall, at all times during the term of this agreement, maintain in full force and effect, with respect to this agreement, a policy or policies of Public Liability 15. and Property Damage Insurance with minimum limits of $500,000/ $1,000,000 Public Liability, with products liability, and at least $50,000 Property Damage Liability, naming the City and State and their officers, agents, and employees, as additional insured. Said policy or policies shall contain an endorsement providing that the insurance company shall not cancel such policy or policies without thirty (30) days' prior written notice to City and that the City is not liable for the payment of any premiums or assessments on said policy or policies. (c) Said policy or policies shall be in a form sat- isfactory to City and certificates issued by the insuring company shall be submitted to City concurrently with the execution of this agreement. Certificates for any new or renewal policies effective during the term of this agreement shall be submitted to City at least twenty (20) days prior to the effective date of such policy or policies. 17. Damage of Premises. In the event of destruction, loss, or damage by fire or other cause of any of the buildings, improvements, or fixtures in said Public Service Area No. 1 used by Concessionaire, the City shall not be obligated to replace such destroyed, lost, or damaged property, or be liable to said Concessionaire for any loss of use or damage by reason thereof. 18. Fire Insurance. Concessionaire agrees to maintain a fire insurance policy with extended coverage on the fixtures and equipment used by Concessionaire, insuring the same to the full in- surable value thereof. In the event of destruction, loss or damage, all proceeds from such insurance shall be deposited in a bank in the City of Newport Beach approved by City and used by Concessionaire only for the purpose of replacing, repairing and restoring the fix- tures and equipment. Concessionaire shall begin the work within thirty (30) days after notice from the City to do so and complete the same as rapidly as possible. Should the cost of replacing, re- pairing and restoring such fixtures and equipment exceed the insurance 16. proceeds, Concessionaire shall pay the remainder of such cost. Not- withstanding the interruption of the business of Concessionaire while the work is being done, this agreement shall continue in effect. If the buildings are destroyed or substantially damaged and the City gives written notice to Concessionaire that City does not intend to restore the buildings, or if one year has passed and the City has not restored the buildings, Concessionaire may elect to re- store the buildings to the satisfaction of the City and then restore, repair or replace the damaged fixtures and equipment and continue the concession business or may treat this contract at an end and with- draw any insurance proceeds from his insurance which were previously deposited as required herein. 19. Workmen's Compensation Insurance. Concessionaire shall maintain Workmen's Compensation Insurance for all his employees. 20. Insurance Policies Filed. Concessionaire shall place the policies of all insurance required by this agreement or duplicates thereof or certificates evidencing the same on file with the City. 21. Books of Account. Concessionaire agrees to keep books of account in connection with the operation of said concession in a manner satisfactory to City, which books shall be open at all times to City for the purpose of inspection or audit. For each calendar year or portion thereof at the beginning or end of the agreement, unless a different reporting period has been approved by City, Con- cessionaire shall submit within forty -five (45) days after the close of the reporting period such financial statements of his operations as may be requested by City. 22. Notices. (a) All notices herein provided to be given, or which may be given, by either party to the other, shall be deemed to have been fully given when made in writing and deposited in the United States mail at Newport Beach, California, certified and post- age prepaid, and addressed as follows: To the Concessionaire at 3708 Linden Ave., Long Beach, California, 17. and to the City at City of Newport Beach, Attention City Manager, City Hall, 3300 Newport Boulevard, Newport Beach, California. (b) The address to which the notices shall or may be mailed as aforesaid by either party shall or may be changed by written notice, given by such party to the other, as hereinbefore provided; but nothing herein contained shall preclude the giving of any such notice by personal service. 23. Title to Real Property. Concessionaire hereby ack- nowledges the title of the State of California and the City of Newport Beach to the land comprising Corona del Mar State and City Beach Park and agrees never to assail or contest that title. Concessionaire is not being granted any right, title or interest in or to the land or any part thereof by this agreement. 24. Contractual Rights Only. The parties agree that Con- cessionaire is not a lessee or tenant of the premises or any part thereof and that the only rights of Concessionaire are those pro- vided in this agreement. Should Concessionaire be deemed a lessee or tenant, Concessionaire hereby specifically waives all rights under Section 1942 of the Civil Code of the State of California. 25. Administration of Contract. For the purposes of the administration of this contract City Manager or an officer or ei authorized by him to administer dissatisfied with any action or may take the matter to the City the City Council is final. by the City, "City" shall mean the nployee of the City of Newport Beach the contract. If Concessionaire is decision of the City, Concessionaire Council for review. A decision by 26. Concessionaire to Pay Cost of Litigation. Concession- aire agrees to pay City all costs and expenses, including reasonable attorney's fees, incurred by City in any action brought by City to enforce the terms of this agreement. 27. Limited Waiver. No waiver by the City of any term or condition of the contract or of any breach thereof by Concessionaire shall constitute a waiver of any other term or condition or of any other or future breach. 28. Automatic Termination. Should any person other than Concessionaire secure possession of Public Service Area No. 1 or of any part thereof or secure any rights under this contract by a writ of attachment or execution or by any voluntary or involuntary assign- ment or by any petition, receivership or proceedings in bankruptcy or any other operation of law whatsoever, and remain in possession or maintain any right or rights for a period of five (5) days, this agreement shall automatically terminate without any action on the part of City, and City may enter and take possession of the premises, buildings and fixtures and remove all persons and property therefrom notwithstanding any other provisions of law or of this agreement. 29. State Approval. It is mutually understood that this agreement must be submitted to the Division of Beaches and Parks, Department of Natural Resources, of the State of California for approval and is not effective until such approval. 30. Telephone Booths. Space is provided on said Public Service Area No. 1 for telephone booths. Concessionaire shall ar- range to have coin - operated telephones installed as necessary to serve the public. Concessionaire shall provide electricity to the booths and shall keep them clean. Any revenue to Concessionaire shall be included in his gross receipts. 31. Parking Lot. Concessionaire understands and agrees that City is to operate the parking lot at the Park and may increase or decrease the size thereof in the sole discretion of City. City shall determine the times of operation of the lot and may close the same at any time it deems necessary or convenient. All revenue from the lot belongs to City. It is agreed that City will allocate and designate the location of parking spaces deemed necessary by City to serve Conces- sionaire and employees of Concessionaire without charge therefor. The number of spaces allocated without charge shall not exceed five (5). 19. 32. Business Use Only. The buildings used hereunder by Concessionaire are for business use only and neither Concessionaire nor any employee or agent of Concessionaire shall reside in such buildings or in Public Service Area No. 1. 33. Prompt Performance Required. Time is of the essence of this agreement. IN WITNESS WHEREOF the parties have executed this agreement as of the date first above written. t,BOV'- BY: TOSH BROS. Concessionaire By ona W. osh By 14a d Oex J-� Ian M. Tos M City Clerk APPROVED by Division of Beaches and Parks, Department of Natural Resources, of the State of California, this & day of 1960. By DEPARTMENT OF NATURAL RESOURCES 0 Chief By ffivision cf A.dminisarativn Sprvf,or DeWITT NELSON, Director MIN 0 PROPOSAL TO THE CITY OF NEWPORT BEACH FOR THE CONCESSION ON PUBLIC SERVICE AREA NO. 1 AT CORONA DEL MAR STATE AND CITY BEACH PARK The undersigned makes the following proposal to the City of Newport Beach for the operation of the beach concession on Public Service Area No. 1 at the Corona del Mar State and City Beach Park in the City of Newport Beach, California, NAME Donald Y. Tosh and Ian M. Tosh BUSINESS ADDRESS 3708 Linden Ave., Long Beach, Califon;n RESIDENCE ADDRESS 3708 Linduz Ave., Lon, Beach Califorrd a BUSINESS PHONE NO. GA 7 -57 -33 RESIDENCE PHONE NO.samP and, if awarded the concession, agrees to execute the form of agree- ment attached and operate the concession in accordance with the provisions of said agreement, TO THE CITY OF NEWPORT BEACH: I (We) declare that the only person or persons interested in this proposal are those named herein; that this proposal is made without collusion with any other person, firm or corporation; that the location of the concession area, the terms, conditions, and specifications, and other stipulations hereinbefore referred to have been examined by me (us); and I (we) agree, if this proposal is accepted, to execute the contract and operate the concession in ac- cordance with its terms and to do any and all other acts to fulfill the requirements thereof; and that during the term said concession agreement is in effect I (we) will pay therefor the following guaran- teed minimum monthly rental or the following percentage of gross receipts, whichever is larger, to the City of Newport Beach, to wit: From the date of execution through December 31, 1964, a guaranteed minimum monthly payment of $ 2.000.00 for the months of June, July, August and September, or 21 per cent 21 %) of the monthly gross receipts from the sale of all salable items, plus 1 per cent (-5-1-%) 6. of the monthly gross receipts for these months of all rental items, whichever sum may be larger, plus the same percentage of gross receipts indicated above for any calendar month or portion thereof that said concession is operated prior or subsequent to June, July, August and September during each year of this part of the term of the agreement. From January 1, 1965, through December 31, 1969, a guaranteed monthly minimum of $ 2,000.00 for the months of June, July, August and September, or 22 per cent (_QZ %) of the monthly gross receipts from the sale of all salable items, plus 52 per cent ( S %) of the monthly gross receipts for these months of all rental items, whichever sum may be larger, plus the same percentage of gross receipts indicated above for any calendar month or portion thereof that said concession is oper- ated prior or subsequent to June, July, August and September during each year of this part of the term of the agreement. If the undersigned fails to execute the concession agree- ment within ten (10) days after receiving notice from the City that the agreement is ready for signature, the City may determine that this proposal has been abandoned and thereupon this proposal and the acceptance thereof shall be null and void and the guarantee accompanying this proposal shall be forfeited and the same shall be the property of the City. Accompanying this proposal is Two Thousand Dollars ($2,000) Cashiers C`ec'r. 9u -3199 (insert the words "Cash ", "Cash- ier's Check ", "Certified Check", or "Money Order ") as a guarantee that, if the proposal is accepted, the undersigned will execute the concession agreement. 7. IMPORTANT NOTICE: If the proposal is by a corporation, the follow- ing information must be supplied for the president, secretary, treasurer and general manager; if by a partnership, for all partners; and, if by an individual, for the individual. Additional information may be required as to all such persons and as to others interested in the proposal. (Use additional sheets of paper, if necessary) FULL NAME Donald Tosh and Ian T'I Tosh BUSINESS ADDRESS 3708 linden Ave Ions Reach Calif. PRINCIPAL PLACE OF BUSINESS IN CALIFORNIA Food Concessions Huntington Beach State Park BUSINESS TELEPHONE NO. an 7 -5 -73R RESIDENCE ADDRESS 3708 Linden Avenue Lone Beach calif RESIDENCE TELEPHONE NO.Ga7 -5733 HOME OWNERSHIP? YES x NO (Don) 7 -12 -21 Oakla.n.d,Cal. T;Jar. DATE OF BIRTH 9 -10 -17 PLACE OF BIRTH Cq,j&LU. .=.MARITAL STATUS Mar- LIST IN ORDER, STARTING WITH THE MOST RECENT, THE FOLLOWING INFORMATION ON BUSINESSES IN WHICH YOU WERE EMPLOYED OR HAD AN INTEREST DURING THE PAST 15 YEARS: (Use additional sheets of paper, if necessary) Tosh 3ros. Concessionaires 1950 to 1960 Name of business Tosh Bros, Contractors Dates 1Aac, tn InFn Address of business Concessions at Huntington Reach State nark Contraction in Long Beach, Cal. 3708 Linden Type of business Concessions and Contracting Interest or position partners Concessions 20 Number of employees Contrac. 5 Number supervised by you all Annual gross nontractinme ;n_n00.00 Food Concessions: '; ;85,000.00 If a service business, the maximum number served in a day UDLL&aL,_gE00 If not still affiliated, reason for leaving HAVE YOU EVER BEEN ARRESTED? YES NO x IF YES, STATE WHERE, WHEN, REASON, AND DISPOSITION OF MATTER DO YOU CONSENT TO BEING FINGERPRINTED? YES_ NO LIST FIVE CHARACTER REFERENCES: Henry I. No 1125 Tenth Street, Sacrament 14, Calif. IvVm J Rinehart Supersivor Huntington Beach Stn e Park uu +-- ---=,g+-= Bch Larry Patterson c/o Balboa Bay Club Ne .mort Beach, C ai;f_ Charles Dooley, L B City Connoilman 5075 Loner Beach Rlvrl._ T.nrp RParh Capt. Roy Miller, L.B. Life Guards 53 Rivo Alto Can al, rnnq ri� =lar, LIST FIVE CREDIT REFERENCES: Name Address ulty State Interstate Bakeries 2656 No Main Sts Santa Ana, Calif_ Louis Ball & Sons 816 East Fourth St Tong Rea c,'n , r,ai ; f _ Pepsi Cola Bottling Co 1420WE5t Fifth St- Santa Ara nal ; f Reynolds T "eat Co 4618 F 2nd St r nm Ppnnh' gallf" Carnation Ice Cream Co 4130 Cherry Ave LonE Beach, Calif- IF YOU DO NOT INTEND TO INVEST YOUR OWN CAPITAL IN THIS CONCESSION BUSINESS, STATE SPECIFICALLY AND IN DETAIL THE SOURCE OF YOUR CAPITAL Own Cap IN THE FOLLOWING SPACE, OR ON ADDITIONAL PAPER, STATE THE REASONS YOU FEEL QUALIFIED TO CONDUCT THIS BUSINESS AND SUPPLY ANY ADDITIONAL INFORMATION ABOUT YOURSELF, YOUR BUSINESS, OR YOUR PLANS FOR THE CONDUCT OF THE CONCESSION WHICH YOU FEEL WILL BE HELPFUL TO THE CITY IN EVALUATING YOUR PROPOSAL FOR THE OPERATION OF THE BUSINESS ON PUBLIC SERVICE AREA NO. 1 IN CORONA DEL MAR STATE AND CITY BEACH PARK: For the past nine years we have operated four food concessi m s at Huntington Beach State Park which has proved satisfactoiy to us and the Division of Beaches and. Parks. t,'e feel we are qualified to please the public and city of Newport Beach. During our nine years we have never had a complaint to the State of California as to the prices, quality or service of our food. !;e also feel that vie are qualified as General Bldg. Contractors, for the past fifteen gears, to complete the interior of the concession buildings and to make necessary repairs during the term of tl�is contract. It is our belief that the minimum guarantee during the month of Sept. Of yr2000.00 is suffeient, however, we would be pleased to offer a minimum guarantee during the months of June, July and AuEn:ts t, of i3500.00. 9. I (we) agree that all information supplied may be checked and that such information and any additional information obtained in the course of evaluation of this proposal may be disclosed to the City Council and others concerned as necessary to reach a decision. Dated: 1960 (Have you provided the financial statements and all other information re- quired?) L WIS 4 / 10, . Chief Jervices F 4, JHR.m 4/25/ (7) e ..M MODIFICATI F COP�CESSION AGREEMBT CORONA del MAR � TE AND CITY BEACH P 2: u _ 14HEREAS, Concession Agreement, Corona -del Mar Sta 4 City Beaeh,Park,.was ms;% and executed March 280 1960, by 5 between the C.ITY.,OF NEWPORT B�AGH,'.a municipal corporation, and 6 DONALD W..TO$H atld IAN M. TOSIWoing business as TOSH BROS., ref- 7 erence to which said agreement being made for all the particulars 8 thereof; and 9� WHEREAS, subpapt+graph (d) of paragraph 3 of said' cones- 10 sion agreement provides in part, for a corporate surety bond in a 11 sum of not less"than.$30,000.;. and 12 WHEREAS, it has beea''determined that said bond will 13 adequately serve the purposes for which t'q required if in a 14 sum of not less than $20,000; 15 NOW, THEREFORE, it is agreed as:fbllows, to wit:" 16 1. Subparagraph..(d) "of paragraph 3 of 'said concession 17 agreement is modified to read as follows, to wit: . 18 "(d) Concessionaire shall post a corporate surety bond with-City conditioned upon Concessionaire completing 19 all of the.work on the interior of the buildings and the installation of cabinets, fixtures and equipment required 20 herein and the payment of all claims of laborers, material- men and others having lien rights under Title IV, Part III, 21 of the Code of Civil Procedure. Said bond shall be in a sum of npt less than $20,000.00 and shall be subject to 22 the approval of the City Attorney as to form." ' 23 2. In all other particulars, said Concession Agreement 24 i remains as originally made and executed.' 25 IN WITNESS WHEREOF, this modification of concession 26 agreement is executed in triplicate this 25th day of April, 1960. 27 CITY � 28 LNEWPO / ATTEST: Bye Mayor 29 I City Clerk _: 30 i. APPROVED by Division of Beaches and Parks, Department 31 of Natural Resources, of the State of�G"ornia, this 5th day of- May 1960. /ACHARLES a 32 �. ,.. -- Chief A. DeTURK,'Chief brvision of Administrative Services DeWITP NELSON, Director :; Departmegt of Natural Resources �-..._ - 1Y.=. -«: ...::::..,:t:.s . .•.::.,�:,- rcxsa�aer`"'#- .� .�..,�. ,. ' a�s,i WWC:mac 3/30/Ob (10) RESOLUTION NO, 5192 2' A RZSOJLUrION Oz' TOK Cl OF Td& CTTY OF VEWPORT BEACH AWAJOLM; T G `-OXESSION AND AVrH0RIZI3G TWE. =CUTION OF A COWrR= FOR, r.Z OMRATION OF SAID CONCUSION AT CORONA D � MAR �- 411 STATE AND rITY wca PARR or WMF.A$p the City Coustil. has heretofore called f preois for the operation of a food, beverage and beach equipment rental concession at Corona del Mar State and City Reach Park; and 911 WHEREASo a number of proposals have been submitted to the lU 12 13 14 15 16 17 28 19 20 21 22 23 24 251 2? 1 2 9 31 32 City Lft accordance therewith; and TWNWMAS, said proposals have been submitted to a comdt- !too appointed by the City Council for evaluation; and WWAW, said cowAdttee has made certain fiadings and j*ubaittad than to the City Council; 1. The City Council hereby awards the food, beverage 1 and beach equipment rental concession at Corona del Mar State and City Beach Park to Donald W. Tosh and Ian H. Tesht doWg business as Tosh Bros. 2. The Mayor and City Clerk are hereby author'-zed and I 1 directed to execute the concession agreement on the Corona del Mar State and City Beach Park between the City and Donald W. Tosh and Ian M. Tosh, doing business as Tosh Bros., i;-i the form heretofore approved by the City Council. ADOPTED this 28th day of March, 1960. FAY= ATTEST: City Cl*rk MEMORANDUM OF INSURANCE COMMERCIAL UNION INSURANCE COMPANY OF NEW YORK A CAPITAL STOCK A 200 PARK AVENUE INSURANCE COMPANY NEW YORK 17, N. Y. Insured's Name and Mailing Address DONALD W. TOSH AND IAN Me TOSH, DBA: TOSH BROTHERS AND CITY OF NEWPORT BEACH, CALIFORNIA 6/13/68 6/13/71 3 Inception (Mo. Day Yr.) Expiration (Mo. Day Yr.) Years POLICY NUMBER 136FQ11 30 09 S 417719 RENEWAL OF NUMBER It is important that the written portions of all policies covering the same property read exactly alike. It they do not, they should be made uniform at once. INSURANCE IS PROVIDED AGAINST ONLY THOSE PERILS AND FOR ONLY THOSE COVERAGES INDICATED BELOW BY A PREMIUM CHARGE AND AGAINST OTHER PERILS AND FOR OTHER COVERAGES ONLY WHEN ENDORSED THEREON OR ADDED THERETO. I PREPAID TERM ANNUAL PAYMENT PERIL(S) Insured Against and Cover - AMOUNT RATE PREMIUM DUE DUE UNDER DEF. ages) Provided (Insert Name of Each) AT INCEPTION PR EM. PAY. PLAN $ 11,000.00$ 1.306 $ $ 144.UU FIRE AND LIGHTNING $ .063 $ $ 7.00 EXTENDED COVERAGE x x x x x x x 1.00 V & M.M. $ .009 $ $ s $ $ 3 yrs. 456.00OTAL PREMIUM TOTAL(S) $ $ 152.00 FOR POLICY TERM UNDER D. P. P. P. Amount Fire or fire Per Cent of DESCRIPTION AND LOCATION OF PROPERTY COVERED Item and Extended Cov- Icings, Co- Insurance Show construction, type of oof and occupancy of building(s) covers No. or Other Peril Applicable containing the property covered. If a cupiede as a dwelling state number SITUATED: CORONA DEL MAR, STATE —CITY OF NEWPORT BEACH PARK, SHORE ROAD, NEWPORT BEACH, CALIFORNIA. 2. 11,000.00 100% ON FURNITURE, FIXTURES & EQUIPMENT IN ABOVE BUILDING. iI Subject to Form Nola). 471NS 12/66; 202NS 4/62; 585NS 6/64; 166NS 2/63 Mortgage Clause: Subject to the provisions of the mortgage clause attached to policy, loss, if any, on building items, shall be payable to: ASSURED Agency at NEWPORT BEACH, CALIFORNIA 6/17/68 � Agent IN CONSIDERATION OF THE PROVISIONS AND STIPULATIONS THEREIN ADDED THERETO AND OF the above specified dollars premium, this Company, for the term of years specified above from inception date shown above At Noon (Standard Time) to expiration dote shown above At Noon (Standard Time) at location of property involved, to an amount not exceeding the above specified dollars, has insured the insured named above and legal representatives, to the extent of the actual cash value of the property at the time of loss, but not exceeding the amount which it would cost to repair or replace the property with material of like kind and quality within a reasonable time after such loss, without allowance for any increased cost of repair or reconstruction by reason of any ordinance or law regulating construction or repair, and without compensation for loss resulting from interruption of business or manufacture, nor in any event for more than the interest of the insured, against all LOSS BY FIRE, LIGHTNING AND BY REMOVAL FROM PREMISES ENDANGERED BY THE PERILS INSURED AGAINST IN THE POLICY, EXCEPT AS THEREINAFTER PROVIDED, to the property described therein while located or contained as described in the policy, or pro rata for five days at each proper place to which any of the property shall necessarily be removed for preservation from the perils insured against in the policy, but not elsewhere. This memorandum is for information only; it is not a contract of insurance but attests that a policy as numbered herein, and as it stands at the date of this certificate, has been issued by the Company. Said policy is subject to change by endorsement and to assignment and cancellation in accordance with its terms. This CERTIFIES, that policy numbered as above has been issued. OTM 30 -X -B STANDARD FORMS BUREAU FORM 585 -NS (June 1964) VANDALISM AND MALICIOUS MISCHIEF ENDORSEMENT (FOR USE ONLY WITH THE EXTENDED COVERAGE ENDORSEMENT) nAPACap VX O. 1. In con-+idcratiun of tlm premium for tl'tis coverage, and subject to the provisous of this Oohcy and the Extended Coverage ,ndnrse- ment attached thereto, tba coeerage under said Extonded Coverage Endorsement is extended to uiclude direct loss by Vandalism and Malicious Mischief. 2. PROVISIONS APPLICABLE ONLY TO VANDALISM AND MALICIOUS MISCHIEF: THETERMS "VANDALISM" AND "MALICIOUS \fISCIiIEF" AS USED IN THIS BSDORSENII:NT NIFA.N ONLX WILLFUL AND mAI,ICIOtiS DANIAGL TO OR DESTRUCT10N OF THE PROPERTY COVF. RLD I{1:REl-NDI;R. 3. THIS COMPANY SHALL NOT BE LIABLE I:Of( U)SS IF THE DESCRIBED BUILDING(S) HAD BEEN VACANT BEYOND A PERIOD OF THIRTY (30) C0]5P:CCTIV1% DAY'S I11AI1;DIATELY PRECEDING THE LOSS, WHETHER OR NOT SUCH PERIOD COMMCNCED PRIOR 10'CH1; fNCEPTA)N DATE OF THIS INDORSEMENT; BUT A BUILDING IN PROCESS OF CONSTRUCTFCN SHALL AOT BE DEEMED VACAil'T. 4. THIS COMPANY SHALL, NOT BE LIABLE FOR LOSS — (a) TO GLASS (OTRER THAN GLASS BUILDING BLOCKS) CONSTITUTING A PART OF TIII- BUILDING; (b) BY PILFERAGE, THEFT, BURGLARY OR LARCENY. EXCEPT TFIAT THIS COMPANY SHALL BE LIA- ABLE FOR WILLFUL DAMAGE: To THI; Bi; iLU1SG(S) COVERED HEREUNDER CAUSED BY BUR- GLARS; (c) BY EXpR)SION OF STEAM BOILERS, STEAM PIPITS. STEAM TCRT11NES OR STEAM ENGINES, IF OWNED BY LEASED BY OR OI`IlRATF.D UNDER rHl CONTROL, OF THE INSURED; OR BY RUPTURE OR BURSTING OF ROTATING OR NIOVING PARTS OF MACHINI :RY CAUSF,D BY CRNTRIFY:GAL FORCV OR NIECHANICAL BRI:AKDO\b N; (d) FROM 711iPR[:CTATIDS, DI LAN. D1 Ti RIORATION OR LOSS OF MARKET, NOR, UNLESS SPECIFI- CALLY ENDORSED 11FREON, FOR ANY LOSS RESULTING FROM CHAti(;i? IN TE70f)FRATuRF. OR HUMIDITY. 5. NUCLEAR EXCLUSION: LOSS BY NUCLF,AR REACTION OR NUCLEAR RADIATION OR RADIOACTIVE CON - TAMINATION, ALL \FI RT1-fER CONTROLLE-D OR i:NCONTROLI I D, OR I)l f TO ANY ACT OR COVDITIO\ INCIDE \T TO ANY OF THE FOREGOING, IS NOT INSURE) AGAINST BY THIS ENDORSENIENT \4'HETHHR SLCII LOSS BE DIRRCT OR INDIRECT, PROXIMATE; OR REbIOTF:, OR L'L; IN AA7 -IOLL OR IN PART CAI�SED BY, CONTRIBUTED T0, OR AGGRAVATED BY VANDALISM AND 3JALICIOGS NIISCIHBF. CAIITION: LIKE COVERAGE ON AML FIRE POLICIES DCO TO ERII RED SHOULD SECURE COVERING THE SAME PROPERTY 585 -NS June 1964 wea uz w.. o.x STANDARD FORMS BUREAU FORM 202 -NS (April 1962) - EXTENDED COVERAGE ENDORSEMENT (PERILS OF VA'INDSTOR:tl AND HAIL, EXPLOSION, R10T, RIOT ATTENDING A STRI K.F., C[A 1L COMMOTION, AIRCRAFT, VEkH CLIsS AND SMOKIs) FOR USE ON ALL RISKS OTHER THAN DWELLING AND FARM PROPERTIES F.STIi,NDED '1'r� 1NSl'RII AG; \INST DIRECT LOSS FT STRIKE.. Civil. COAI940TLON, In considerati AIRCRAFT, on of the Premnim for this coverage, and subject to the Pro`' "" 'n` lnvc "' °'nd in the policy to DIRECT Rr C endorsement is attached including endorsements is there on, R10T� RIOT CATT EN I)1 NG 4 \A'INDSTOKM, HAIL , VEI- I1CL$S, AND SMOKE, E %IFFY AS HEREINAFTER PROAIDk:D. PROVISIONS APPLICABLE ONLY TO WINDSTORM AND HAIL: THIS CO ]t 1': \N1 SHi \LL NQT 13E LIABLE FOR LOSS CAUSED DIRECTLY OR INDIRF.CTI.}" BY FROST OR COLD VA °ILATHIAR, OK ICk: (OTH El: THAN HAIL), SNO \ \' OR SLEET. WHETHER DRIVEN BF \VINU OR. NOT \FkTETHER DRIVEN BY PROPERTY �CO R SL'HTHERF.IN E LIABLEIaIOBYLRAIN. NC \ \'.ISAND I OR IDL'ST.E BL`II,DING(S) OR THE. LOSS TO THE INTF.RSOR OF THE III-I1.Df\G(S) OR THE PROPF•.RT]' WIND OR NOT• UNLESS THE BUILDING($) COVERED OR COSTAI'HE, THE PROPI' N WA'F.RI ?ll SHALL FIRST SL STAIN AN ACTUAL DAMAGE TO ROOF OR WALLS P} F T DIRECT ACTION OF }A`l5U D1 HAIL ANU THEN SHALL BE 1,IABLB FOR T SPRINKLER ROOT" NF.NT OR FROA{ f,)THER PIPING, L' \LESS SLCH EQLIPAH..NT OR COVERED THDRBTN AS ;riAY BE CAUSE BY RAl \. SNOA]', SAND OR DUST I N F -Iv. THE BL It DO T YFRE'DI Ji ZRE1N_ IN THE ROOF OR WALLS NIADI: BY DIRECT ACTION OF \ \1UC OR H41I OR ih) BY \ VFTER FRO\ SPECIFICALLY INDORSED PIPING BE DAMAGED AS A DIRECT Rk.SCLT OF VA'INU OR RAIL, LNLESS AS ADDITIONAL PREMILyI IS CHARGED AND THIS I $TEAvH�SOR OTHER CROPS OUTSIDE TB.,�T IIF.)FC REWTNUSTORbR ()R HAIL \DADA(CFR' l- I CR UN. RAYGFF. THTS COJi F.4 \Y SHALL NOT BE OF BLiILDlNGS; OR (b) WINDMILLS, AA`INDFL :LIPS OR BHF.IR TOAA`EP.O OR (c) CROP C LOg {OR THEIR I',IR CONTENTS). : (d) METAL ILLS,\STACKS l'p APHE' -, OL /CSiDE OF BL "ILUTAGS. CTS O AWKINGS. SIGNS, RAD[O OR TELEGHRUBS OR I'IA ASS INCI,PDIN <; THEIR LEADdN VA'IRING. MASTS OR TOAtFRSt OR (e) L.4A4NS• TREES, S PROVISIONS APPLICABLE ONLY TO EXPLOSION: LOSS P] F \PLOSION SHALL 1NCI,U DE \\gTHIC LOS. RESULTING FROM THE EXPLOSION OF ACIL "`1tiLATEn hACF.S OR LVCOIN HITD FU kI Al1THIN THE RESULTING CONDUCT OMP 3ITIONr Hn'ABFR)BL STAON "INF] IAFRO]IF..I, OR \ \TTIII\ Tkfi FJ LES OR PASSAGE..$ THIS COMPANY SHALL NOT BE LIABLE FOR Ll)i� P] i.APLOSION OF $TEA \t BOH FRS S,R TU , CON N S CIiA:Af TURkTNLS OR STF.Atit ENGINES. IF OAACID II)-, Li ASF.D BY OR OPIARA'CF,U L NDI,R TUE CON - TROI. OF THE INSURED. THE }TOCK �]i\AV F:S ICZ L "SF:D P]'p AIRCRAFT. GFtiF.RAli1'IKNOVN�4 ,SONIC POOAL'11AFE FR(1VIS1fl'°S (h) ELECTRIC ARCING, (c) CUPTC E FORCE URORI MECHANICAL BREAKDCAV' -]SING PARTS OF MACHINERY CAL'SEU B]' CI ?N- (d) WATER HAMMER, (e) RUPTORE OR BURSTING OF WATER PIPES, i) RUPTURE O BURL CAUSED BYOOR RESU)°1NGI� FROM I WATT; R THE CONTENTS OF AN]` PCD,T- (g) RPPTti RE, BURSTING OR OPLRATTON OF PRESSURE REI,T F.F DEVICES. ANY OTHER EXPLOSION CLAUSE: MADE A PART OF THIS POLICY' IS SUPERSEllLll P,l° THIS ENDORSE- MENT. WHILE PROVISIONS APPLICABLE ONLY TO RIOT, RIOT ATTENDING A STRIKE AND CIVIL COMMOTION: LO BY RIOB. ATOT A'C'CBNUISC A STRIKE OR CIVIL COA {MOTION SHAT T INCLUDE, DI DIRECT ING( BY HITS OF STRIKING EMPLOYEES OF THE. OAVNER OR THNIANT(S) OF THE UCSCIIBED Bl'iONI11ILL OCCSTRI D BY SAID STALKING EMPLDYEES AND SHALL ALSO 1NCLL'DF DIRP.0 L LOSS FRO]I I ILL, S IKI LOOTING OCCURRING DURING AND AT THE. INMI3DIATE PT,ACL• OF A RIOT, RIOT ATTENDING A STRIKE OR LING COMMOTTON. UNLESS SP EC IFLCALLY ENDORSED HEREt1K. TTI1S CO�IPAN]' SHALT. NOT PE LIABLE FOR. LOSS RESULTING FROM DAMAGE TO OR Db:STRDCT {ON OF THE DESCRH3ED PROI'ERO DUE NOT SOCHjLOS EIIN TENT PID BYURF O H MIDITY OIOTH Ek PERH {S.N OF t)PGR ATIONS \V I-1.ETFIEK OR MEANS VEH]CLES RUNtiISG ON 7.AND OR TRACKS BUT NOT AIRCRAFT. PROVISIONS APPLICABLE ONLY TO LOSS BY AIRCRAFT AND VEHICLES: THE TER:ti "V IikIICLF.S.• AS USED IN THIS E= vIDORSF,MENT, LOSS BY AIRCRAFT OR RY VEHICLES SHALL IN CI,liDF. ONt,Y UII IE. LOSS RF,SUT,TING PROM ACTUA . PHYSICAL ITH THE., CONTACT OF N CONTAINING AIR AVT THE PROFFRT]' \COVERED }{ �RF.LRN U.IiR�LNCEDTHTHAT LOSS :R OR ATRCRAFT INCLUDES DTRF.CT LOBS BY OBTECTS FALLING THEREFROM. THIS COMPANY SHALL NOT hT0 ANY } \IRCRAFT1 OR TO \''BTTICLE I CI,UDINGS C[ ''CENTS THERE( F BE LIABLE FOR LOSS: (a) BY ANY VEHICLE OAYNED OR OPERATE BY AN IS SPEED OR BY ANY OR LAANNS, T7AAAA OF THE DF.SCRTBED PRE3TTSF.S: TREES. SHRUBS OR PLANTS; (c) TIICL OTHER THE PROVISIONS BPRINTED N AIRCRAFT OR VI OF THIS ENDORSEMENT ARE HEREBY REFEREE THE AND MADE A PART HEREOF. LIKE CON' WHEN THIS ALL FIRE POLICIES COVER NG THE SAME PROPERTY. INSURED SHOULD SECURE T ^°"^ " °" 202 -NS April 1962 - PE4 45. PnL OiP. PROVISIONS REFERRED TO IN AND MADE PART OF THIS FORM (No. 202 -NS April 1962) A AND FAULTY OPERATION OF ANY HEATING OR THE FER \i "SNfOKI >" AS USED IN THIS ENDORSE PROVISIONS APPLICABLE ONLY TO SMOKE: 1AEN MEANS ONLY SMOKF, DUE_TO A SUDDEN, UNUSU_ L COOKING UNIT, ONLY WHL•N SUCH UNIT IS CONNECTED TO A CHIN BY A SMOKE PIPE S YEN PIPE, AND WHILE IN OR ON THE DESCKIBF.D PREMISES BUT NOT SMOKE FROM FIREPLACES OR IN- DUSTRIAL APPARATUS. TAMINATION, ALL WHETHER CONTROLLED OR UIQCONTROLL 'DN NS DUE TO ANY ACT OR CONDITION NUCLEAR EXCLUSION: LOSS BY NUCLEAR REACTION TR NUCLEAR RADIATION OR RADIOACTIVE INCIDENT TO PROXIMATE OR REM( - OR BE O ANY OF THE FOREGOING, IS NOT 1NSURL +D AGAINST BY THIS EXTENDED COVERAGE RE I ENDORSEMENT. WHETHER SUCH LOSS CIVIL L COMYIOTTON.17AIRCRAFT, VEHICLES OR S:(IOKE; AND ON- WHOLE OR IN PART CAUSED BY, CONTRIBUTED T0, OR AGGRAVATED BY WISDSTOP.bt, PAIL, AND NU- ENDORSEMENT, RIOT, RIOT ATTENDING A STRIKE, IS NOT "EXPLOSION' OR -SMOKE. CLEAR REACTION OR NUCLEAR RADIATION OR RADIOACTLV k? CONTAMINATION, ALL WHETHER TROLLED OR UNCONTROLLED, WAR RISE EXCLUSION: TE OSR N°ARI KE ACTION IN TIME OF PEACE OR \Y AR' I NCDLUDIR"CUC ACTION INDIRECTLY HINDERING, G, (a) OR BY ANY AUTHORITY IN HINDERING, CO'- VIBATING OR DEFENDING AGAINST AN ACTUAL, r? PEBDl IL10TARYP N�AA��LAOR AIR C )ORRL?SING,rIbiIIR.IT�RY "T3 NI.AVALOOR AIR FORCES ORI- (2)UTHOR 0 S, I BEING FORCES: OR (3) BY AN AGENT OF ANY EXPI,n SInti IOIt LSFr OFOAIN \\LAtn xOF \VAR ERIPIAYING NU- MAINTAINING UNDERSTOOD THAT ANY DISCHARGE, CLEAR FISSION OR FUSION SHALL BE CONCLUSIVELY PRESUMED TO BE SCCH A HOSTILE OR 'Al - LIKE ACTION BY SUCH GOVERNMENT. POWER, AUTHORITY OR FORCES; (bl 1NSLRRECTION, REBEL- LION, REVOLUTION. CIVIL WAR, USURPED POAA'ER, OR ACTION TAKE\ BY RNA AUTHORITY IN HINDERING, COMBATING OR DEFENDING AGAINST SUCH AN OCCURRENCE. WATER EXCLUSION: THIS COMPANY SHALL NOT BE LIABLE FOR LOSS CAUSED BY, RESULTING TIDAL WATF.K OR TIDAL WAVE OVERFLOW OF STRFAMS OR CONTRIBUTED : OR AGGRAVATED BY ANY OF THE FOLLOWING— FROM, (a) FLOOD. SURFACE WATER. WAVES, OTHER BODIES OF WATER, OR SPRAY FROM ANY OF THE FOREGOING, ALL WHETHER DRIVEN BY \b'IND OR NOT; (b) WATER WHICH BACKS UP THROUGH SEWERS OR DRAINS: (c) W OR BELOW SEEPS SURF R LEAKS THROUGH USDEWAL SI DRi FAYAYSHFOUNI AT70NSRWALLS, BASEMENT FLOWS, OTHER FLOORS, rRR TU TIONSI)VORS, \OR FLOORS ANY OTI-ILR OPENINGS IN SUCH SIDEWALKS, DRIVEWAY'S, SHALES L LIABLE S EXPLOSION O SUCH ENSUING LOSS- T HEREUNDER ENSUES, AND TTIEN THIS CON OTHER PROVISIONS: A claim for loss by any peril insured against by this endorsement shall not be barred because of change of occupancy, nor because of vacancy or onoccupaney. OF INSURANCE, PROVIDED IN THIS THIS ENDORSEMENT DOES NOT INCREASE THE A'(IOL =NT(S) Iv to each item separately. POLICY. If this policy covers on two or more items, the provisi ns of this endorsement ste oal app. APPORTIONMENT: THIS COMPANY SHALL NOT BE LIABLE FOI2 A GREATER PROPORTION IN ANY LOSS DORSF.MENT THIOI;I) THE AMOli NTLOFIIN Sti I2.4N CEFU DER THIS PCL IICYRBEARSCTO DT F ?\ %HOLE AMOUNT OF FIRE INSURANCE COVERING THE PROPERTY OR 'WHICH WOULD HAVE COVERED THE n r-nT CUt:H OTHF,R FIRE IN SLIRAF CE CPRE PROPORTION AGAINST ' ANY LOSS ITESS THE AMOUNT PROPERTY EXCEPT FOR THI- EXISTENCE OF THIS INSURANCE. WHETHER COLLECTIBLE OR NOT, AN -- - ^-- ^^ 'I AtiCF WHETHEF INSURe,v ni rrTl RLE. IF TO ANY LOSS TO W LOSS EXCEPT FOR 'I INSURANCE FOR SL AS IF IT WERE-TB - SUIvt OF ALL sk H IOINT LOSS AND ALL OTHI NG, MEAN TH THIS I IF NOR (2) FOR A GR -. HAN THE AMOUNT HERF..BY INSURED BEARS TO ALL INSL OR HEREXT STE CE OF THIS RINSUR SUCH ANCC SFXCEPT IF ANY TYPEHAVE F INSURANCE IDFD TO COVER ADDiTIO'_QAL PERILS OR VyINDSTORM INSUR.ANCE APPLIES ,ISTENCELOF THIS INSURANCE THE, LIMITLOFHAVE, ABIITY OF EACH TYPE OF 'SS. HEREBY DESIGNATED AS ,T HE LOSS;' SHALL FIRST BE DETERMINED Y INSURANCE AND THIS TYPE OF IN'SC'RANCE SHALI, BE LIABLE. FOR RS H LOIN LIMITS. THE LITARILITY OF OF I'l COMPANY B(LTN DER(THI,S ENDORSEMENT) RSEMENTS LIMITED OF THE S:1 fE TYPE. THE NV ORDS R OI OF THE T LOSSAT�A�SUSED IN LIMIT PORTION OF THE LOSS IN EXCESS OP THE HIGHEST DEDUCTIBLE, IF r.r.craRCNT AND OTHER TYPES OF INSURANCE ABOVE REFERRED TO BOTH ANY. TU W lCH APPLY. PROVISIONS APPLICABLE ONLY WHEN BUSINESS INTERRUPTION, TUITION FEES RENTAL VALUE, LEASEHOLD INTEREST AS APPLIED TO LOSS. ^MEANS, ri UP-RnT ERTY F EXTRA NEXPENSE, NADDITIONAL LIVING EXPENSE,CRENTI OR IR CED AHD COHTISTIQON'L;D II IN SUCH POI ICY,ERESULDTIING FROM 'OM THE P ONI DI 1 INSURED AGAINST; AND AA'HU,E THE BLSI- IOM DESCRIBED , BUILDINGS) IS INTERRUPTED BY A STRIKE PANY SHALL NOT BE LL.4BLE FOR ANY LOSS DUE TO TNTER- (LDING, REPAIRING OR REPLACING THE PROPERTY DAMAGED rnNTINUATION OF BUSIXFSS. STAIiDARb FORMS BUREAU FORM 471 -NS (Dec. 1966) RESTAURANT FORM ' flndading EARNINGS hem for risks other than manufaduring) r�xxcx�ox NO. 1. Insurance attaches only to those items specifically described in this policy for which a specific amount is shown and, unless otherwise provided, all conditions of this form and the provisions of the policy to which it is attached shall apply sep- arately to each item covered. 2. DESCRIPTION OF COVERAGE: Item 1. BUILDING COVERAGE: When the insurance under this policy covers a Building, such insurance shall cover on building or structure in its entirety, while occupied as a restaurant or cafe, and for any other purpose described on the first page of this policy, including all fixtures and machinery used for the service of the building itself, provided such fixtures and ma- chinery are contained in or attached to and constitute a part of the building; additions in contact therewith; also (a) awnings, signs, door and window shades and screens, storm doors and storm windows; (b) cleaning and fire fighting apparatus; (c) janitors' supplies, tools and implements; (d) materials and supplies intended for use in construction, alterations or repairs of the building. Provided, however, that property described in (a), (b). (c) and (d) immediately above must be, at the time of any loss, (1) the property of the named Insured who is the owner of the building; and (2) used for the maintenance or service of the building; and (3) contained in or attached to the building; and (4) not specifically covered under an item other than the "Building' item of this or any other policy. Item II. EQUIPMENT COVERAGE: When the insurance under this policy covers Equipment, such insurance shall cover on personal property of every description usual or incidental to the occupancy of the premises by the Insured as a restaurant or cafe (SUBJECT TO THE LIMITATION HEREINAFTER STATED WITH RESPECT TO ALCOHOLIC BEV- ERAGES), and, provided the described building is not owned by the named Insured, "IMPROVEMENTS AND BETTER- MENTS"; BUT EXCLUDING (1) BULLION AND MANUSCRIPTS, AND (2) PROPERTY COVERED UNDER THE BUILDING ITEM OF THIS OR ANY OTHER POLICY; all being the property of the named Insured, or sold but not removed; all only while contained in or attached to the described building. NOT MORE THAN TWENTY -FIVE PER CENT (259x) OF THE AMOUNT OF INSURANCE SPECIFIED FOR THIS ITEM II SHALL APPLY TO COVER ON ALCOHOLIC BEVERAGES OF ANY KIND, INCLUDING BEERS, WINES, AND LIQUORS. (THE TOTAL AMOUNT OF INSURANCE UNDER THIS ITEM 11, INCLUDING COVERAGE ON ALCOHOLIC BEVERAGES, SHALL IN NO EVENT EXCEED THE AMOUNT INSERTED IN THE SPACE PROVIDED FOR THIS ITEM II ON THE FIRST PAGE OF THIS POLICY.) THIS POLICY LIMITS COVERAGE: (A) ON BOOKS OF ACCOUNT, ,ABSTRACTS, DRAWINGS, CARD INDEX SYSTEMS AND OTHER RECORDS (FXCEPT FILM. TAPE, DISC, DRUM. CELL AND OTHER MAG- NETIC RECORDING OR STORAGE MEDIA FOR ELECTRONIC DATA PROCESSING), TO NOT EXCEEDING THE COST OF BLANK BOOKS, CARDS OR OTHER BLANK MATERIAL PLUS THE COST OF LABOR IN- CURRED BY THE INSURED FOR TRANSCRIBING OR COPYING SUCH RECORDS: (B) ON FILM, TAPE, DISC. DRUM. CELL AND OTHER MAGNETIC RECORDING OR STORAGE MEDIA FOR ELECTRONIC DATA PROCESSING, TO NOT EXCEEDING THE COST OF SUCH MEDIA IN UNEXPOSED OR BLANK FORM, Item III. EARNINGS COVERAGE: When the insurance under this policy covers Earnings, such insurance shall cover only as provided in and subject to the provisions of the "Earnings Insurance Form" (S. F. No. 570 -XNS) which must be added to this policy if insurance attaches under this item. THE PROVISIONS OF SUB - PARAGRAPHS NOS. I AND II OF PARA- GRAPH NO. 2 AND THE PROVISIONS OF PARAGRAPHS NOS. 3 TO 20 (INCLUSIVE) ARE NOT APPLI- CABLE TO THIS EARNINGS COVERAGE. 3, OFF - PREMISES COVERAGE (Applicable only when the eighty per cent (8W,) or higher Coinsurance Clause [Average Clause] applies): The Insured may apply up to two per cent (2%) of the amount of insurance, BUT NOT EXCEEDING FIVE THOUSAND DOLLARS ($5,000.00), to cover the described property, OTHER THAN MERCHANDISE OR STOCK (RAW, IN PROCESS, OR FINISHED), while temporarily removed from the described premises for purposes of cleaning, repairing, recon- struction or restoration. THIS EXTENSION' OF COVERAGE SHALL: (a) NOT APPLY TO PROPERTY IN TRANSIT NOR TO PROPERTY ON ANY PREMISES OWNED, LEASED, OPERATED OR CONTROLLED BY THE INSURED; (b) NOT APPLY EXCEPT AS EXCESS OVER THE AMOUNT DUE FROM ANY OTHER INSURANCE COVERING THE PROPERTY, WHETHER COLLECTIBLE OR NOT; AND (c) IN NO RISE INURE DIRECTLY OR INDI- RECTLY TO THE BENEFIT OF ANY CARRIER OR OTHER BAILEE. IF THE INSURED ELECTS TO APPLY THIS OPTIONAL EXTENSION OF COVERAGE, THIS COMPANY SHALL NOT BE LIABLE FOR A GREATER PROPORTION OF ANY LOSS THAN WOULD HAVE BEEN THE CASE IF ALL FIRE INSURANCE POLICIES COVERING THE DESCRIBED PROPERTY HAD CONTAINED AN IDENTICAL OPTIONAL EXTENSION OF COVERAGE AND THE SAME ELECTION WERE MADE UNDER ALL SUCH POLICIES. 4. E %TENSION CLAUSE: Personal property of the kind and nature covered under any item hereof shall be covered under the respective item (a) while in, on, or under sidewalks, streets, platforms, alleyways or open spaces, provided such property (1) is located within fifty (50) feet of the described "Building," or (2) in the case of materials and supplies intended for use in construction, altera- tions or repairs of the described "Building," is located within one hundred (100) feet of said "Building'; and (b) while in or on cars and vehicles within three hundred (300) feet of the described "Building'; and (c) while in or on barges and scows or other vessels within one hundred (100) feet of the described premises. PROVIDED THAT PROPERTY COVERED BY MARINE, INLAND MARINE OR TRA, SPORTATION INSURANCE OF ANY KIND, SHALL NOT BE COVERED UNDER THIS EXTENSION CLAUSE. 5. TRUST AND COMMISSION CLAUSE: To the extent that the named Insured shall be liable by law for loss thereto or shall prior to loss have specifically assumed liability therefor, any item of this policy covering on personal property shall also cover property of the kind and nature described in such item, at the location(s) herein indicated, held in trust, or on consignment or com- mission, or on joint account with others, or left for storage or repairs. 6, EXCLUSION CLAUSE: IN ADDITION TO PROPERTY EXPRESSLY EXCLUDED FROM COVERAGE BY ANY PROVISION OF THIS FORM OR OTHER ENDORSEMENT ATTACHED TO THIS POLICY, THE FOLLOW- ING ARE NOT COVERED UNDER ANY ITEM OF THIS POLICY AND ARE TO BE EXCLUDED IN THE APPLI- CATION, OF ANY "AVERAGE CLAUSE" OR "DISTRIBUTION CLAUSE ": LAND VALUES; GARDENS; TREES; LAWNS; PLANTS; SHRUBBERY; ACCOUNTS; BILLS; CURRENCY; DEEDS; EVIDENCES OF DEBT; MONEY; R0AT, &1J4g gR VEI�1CL:k$ LICENSED FC)K.7' "° a :_r_atsaITS AND AGREEMENTS CLAUSE: Permission granted: (a) For such. IkK o _ dental to the business conducted therein and for existing and increased hazards and for change in use or occupancy except as to any specific hazard, use, or occupancy prohibited by the express terms of this policy or by any endorsement thereto; (b) To keep and use all articles and materials, usual and incidental to said business, in such quantities as the exigencies of the business require; (c) For the described building(s) to he in course of construction, alteration or repair, all wi�tout limit of time, and to build additions thereto, and this policy, under its respective item(s), shall cover on or in such additions in contact with the described building(s) ; (d) For the described building(s) to be vacant or unoccupied without limit of time. Nothing herein contained shall be construed to abrogate or modify any provision or warranty of this policy requiring (1) the maintenance of watchman service; (2) the main- tenance of all fire extinguishing appliances and apparatus including sprinkler system, and water supply therefor, and fire detecting systems, in complete working order; nor to extend the term of this policy. This insurance shall not be prejudiced: (1) By any act or neglect of the owner of the building(s) if the Insured is not the owner thereof, or by any act or neglect of any occupant of the building(s) (other than the named Insured) when such act or neglect of the owner or occupant is not within the control of the named Insured; (2) By failure of the named Insured to comply with any warranty or condition contained in any form, rider or endorsement attached to this policy with regard to any portion of the premises over which the named Insured has no control ; nor t(3) shall this insurance be prejudiced by any error in stating the name, number, street or location of any building(s) covered hereunder. tNOTE: —When contents are covered 'Blanket" under one item with building(s), section (3) immediately above shall be changed to read as follows: nor (3) shall this insurance be prejudiced by any error in stating the name, number, street or location of any building(s) and contents covered hereunder. 17. ELECTRICAL APPARATUS CLAUSE: THIS COMPANY SHALL NOT BE LIABLE FOR ANY LOSS RE- SULTING FROM ANY ELECTRICAL INJURY OR DISTURBANCE TO ELECTRICAL APPLIANCES DEVICES, FIRE DEVICES, FIXTURES OR WIRING CAUSED BY ELECTRICAL, CURRENTS ARTIFICIALLY GENERATED UNL ENSUES AND, IF FIRE DOES ENSUE, THIS COMPANY SHALL BE LIABLE ONLY FOR ITS OF LOSS CAUSED BY SUCH ENSUING FIRE. PROPORTION IS 18. MORTGAGEE CLAUSE: (THIS ENTIRE CLAUSE IS VOID UNLESS NAME OF MORTGAGEE OR TRUSTEE INSERTED ON THE FIRST PAGE OF THIS POLICY IN SPACE PROVIDED THEREFOR): If another mortgagee or loss payable endorsement applicable to buildings is separately attached to this policy, such other endorsement shall supersede the provisions of this clause. Loss (if any) under this policy, ON BUILDINGS ONLY, shall be payable to the mortgagee(s), if named as payee(s) on the first page of this policy, as mortgagee(s) under any present or future mortgage upon the property described in and covered by this policy, as interest may appear, and in order of precedence of said mortgages. (a) The terms "mortgage", 'Snor[- gagee" and "mortgagor" wherever used in this clause shall be deemed to include deeds of trust and the respective parties thereto. (b) This insurance, as to the interest of the mortgagee only therein, shall not be invalidated by any act or neglect of the mortgagor or owner of the described property, nor by the use of the premises for purposes more hazardous than are permitted by this policy. (c) Any mortgagee who shall have or acquire knowledge that the premises are being used for purposes more hazardous than are permitted by this policy or that the premises have been vacant or unoccupied beyond the period permitted by this policy, shall forthwith notify this Company thereof and shall cause the consent of the Company thereto to be noted on this policy; and in the event of failure so to do, all rights of such mortgagee hereunder shall forthwith terminate. (d) In case the mortgagor or owner shall fail to pay any premium due or to become due under this policy, the mortgagee hereby covenants and agrees to pay the same on demand. The mortgagee also covenants and agrees to pay on demand the premium for any increased hazard for the term of the existence thereof. (c) This Com- pany shall not be liable to the mortgagee for a greater proportion of any loss than the amount hereby insured shall bear to the whole insurance covering the property against the peril involved, under policies issued to, held by, or payable to the mortgagee, whether collectible or not. (f) The policy provisions relating to "Mortgagee Interests and Obligations" are specifically referred to and made a part of this clause. 19. LIBERALIZATION CLAUSE: If during the period that insurance is in force under this policy, or within forty -five (45) days prior to the inception date thereof, on behalf of this Company there he adopted, or filed with and approved or accepted by the in s supervisory authorities, all in conformity with law, any changes in the form attached to this policy by which this form of insurance could he extended or broadened n without increased premium charge by endorsement or substitution of form, then such extended or broadened insurance shall inure to the benefit of the Insured hereunder as though such endorsement or substitution of form had been made. 20. NUCLEAR CLAUSE: THE WORD "FIRE" IN THIS POLICY OR ENDORSEMENTS ATTACHED HERETO IS NOT INTENDED TO AND DOES NOT EMBRACE NUCLEAR REACTION OR NUCLEAR RADIATION OR RADIOACTIVE CONTAMINATION, ALL WHETHER CONTROLLF,D OR UNCONTROLLED, AND LOSS BY NU- CLEAR REACTION OR NUCLEAR RADIATION OR RADIOACTIVE CONTAMINATION fS NOT I'LOSS B D TO BE AND IS NOT INSURED AGAINST BY THIS POLICY OR SAID CONTAMINATION ENDORSEMENTS. fS'NOT IN SUCH LOSS BE DIRECT OR INDIRECT, PROXIMATE OR REMOTE, OR BE IN WHOLE OR IN PART CAUSED BY CON- TRIBUTED TO, OR AGGRAVATED BY "FIRE" OR ANY OTHER PF,RILS INSURED AGAINST BY THIS POLICY OR SAID ENDORSEMENTS: HOWEVER, SUBJECT TO THE FOREGO NG AND ALL PROVISIONS OF THIS POLICY, DIRECT LOSS BY "FIRE" RESULTING FROM NUCLEAR REACTION OR NUCLEAR RADIATION OR RADIOACTIVE CONTAMINATION IS INSURED AGAINST BY THIS POLICY. 7. AVERAGE CLAUSE (THIS CLAUSE VOID UNLESS PERCENTAGE IS INSERTED ON THE FIRST PAGE OF THIS POLICY) (The term "Co- Insurance Clause" wherever used in this policy shall be deemed to mean "Average Clause "): IN EVENT OF LOSS TO PROPERTY DESCRIBED IS ANY ITEM OF THIS POLICY AS TO WHICH ITEM A PERCENTAGE FIGURE IS INSERTED ON THE FIRST PAGE OF THIS POLICY, THIS COMPANY SHALL BE LIABLE FOR NO GREATER PROPORTION OF SCCH LOSS THAN THE AMOUNT OF INSURANCE SPECIFIED IN SUCH ITEM BEARS E THE PERCENTAGE, SPECIFIED ON THE FIRST PAGE OF THIS POLICY, OF THE ACTUAL CASH VALUE O THE PROPERTY DESCRIBED IN SUCH ITEM AT THE TIME OF LOSS, NOR FOR MORE THAN THE PROPORTION WHICH THE AMOUNT OF INSURANCE SPECIFIED IN SUCH ITEM BEARS TO THE TOTAL INSURANCE ON THE PROPERTY DESCRIBED IN SUCH ITEM AT THE TIME OF LOSS. 8. WAIVER OF INVENTORY AND APPRAISEMENT CLAUSE: If any item of this policy is subject to the conditions of the Average Clause (Paragraph 7 hereof), it is also provided that when an aggregate claim for any loss to the property described in any such item of this policy is both less than Five Thousand Dollars ($5,0P0.00) and less than two per cent (2%) of the total amount of insurance upon the property described in such item at the time such loss occurs, it shall not be necessary for the Insured to make a special inventory or appraisement of the undamaged property. BUT NOTHING HEREIN CONTAINED SHALL OPERATE TO WAIVE THE APPLICATION OF THE AVERAGE CLAUSE TO ANY SUCH LOSS. 9. EXCESS INSURANCE LIMITATION CLAUSE: NO ITEM OF THIS POLICY SHALL ATTACH TO OR BE- COME INSURANCE UPON ANY PROPERTY, INCLUDED WITHIN THE DESCRIPTION OF SUCH ITEM, WHICH AT THE TIME OF ANY LOSS (a) IS MORE SPECIFICALLY DESCRIBED AND COVERED UNDER ANOTHER ITEM OF THIS POLICY, OR UNDER ANY OTHER POLICY CARRIED BY OR IN THE NAME OF THE INSURED NAMED HEREIN, OR (b) BEING THE PROPERTY OF OTHERS IS COVERED BY INSURANCE CARRIED BY OR IN THE NAME OF OTHERS THAN THE INSURED NAMED HEREIN, UNTIL THE LIABILITY OF INSURANCE DESCRIBED UNDER (a) OR (b) HAS FIRST BEEN EXHAUSTED, AND SHALL THEN COVER ONLY THE EXCESS OF VALUE OF SUCH PROPERTY OVER AND ABOVE THE AMOUNT N PAYABLE UNDER SUCH OTHER INSURANCE (WHETHER COLLECTIBLE OR NOT). THIS CLAUSE SHALL NOT BE APPLICABLE TO PROPERTY OF OTHERS FOR THE LOSS OF WHICH THE ISURE IS LIABLE BY LAW OR HAS PRIOR TO ANY LOSS SPECIFICALLY ASSUMED LIABILITY. D NAMED HEREIN 10. IMPROVEMENTS AND BETTERMENTS CLAUSE: 'IMPROVEMENTS AND BETTERMENTS' (subject to the provisions of the paragraph hereof entitled "EQUIPMENT COVERAGE ") are covered as property of the named Insured under the `EQUIPMENT" item of this policy. 1. The term "Improvements and Betterments" wherever used in this policy is defined as fixtures, alterations, installations, or additions comprising a part of the described buiding and made or acquired at the expense of the Insured exclusive of rent paid by the Insured, but which are not legally subject to removal by the Insured. II. The word "Lease" wherever used in this policy shall mean the lease or rental agreement, whether written or oral, in effect as of the time of loss. III. In the event Improvements and Betterments are damaged or destroyed during the term of this policy by the perils insured against, THE LIABILITY OF THIS COMPANY SHALL BE DETERMINED AS FOLLOWS: (a) If repaired or replaced at the expense of the Insured within a reasonable time after such loss, the actual cash value of the damaged or destroyed Improvements and Betterments. (b) IF NOT REPAIRED OR ,REPLACED WITHIN A REASONABLE TIME AFTER SUCH LOSS. THAT PROPORTION OF THE DESTROYED IMPROVE ORIGINAL COST AT TIME OF INSTALLATION OF THE DAMAGED OR LEASE MENTS AND BETTERMENTS WHICH THE UNEXPIRED TERM OF THE PROVEME THE TIME OF LOSS BEARS TO THE PERIOD(S) FROM THE DATE(S) HE IM- E LEASE. THE AND BETTERMENTS WERE MADE TO THE EXPIRATION DATE OF T (c) IF REPAIRED OR REPLACED AT THE EXPENSE OF OTHERS FOR THE USE OF THE INSURED, THERE SHALL BE NO LIABILITY HEREUNDER. Dec. 1966 6 THE PROVISIONS PRINTED ON THE BACK OF THIS FORM ARE HEREBY REFERRED TO AND MADE A PART HEREOF. PROVISIONS REFERRED TO IN AND MADE PART OF THIS FORM (No. 471 -NS Dec. 1966) PARAGRAPH NO. 11. POWER FAILURE —LOSS EXCLUSION CLAUSE: THIS COMPANY SHALL NOT BE LIABLE FOR LOSS CAUSED BY OR RESULTING FROM POWER, HEATING OR COOLING FAILURE. UNLESS SUCH FAILURE RE- SULTS FROM PHYSICAL DAMAGE TO POWER, HEATING OR COOLING EQUIPMENT SITUATED ON PREMISES WHERE THE PROPERTY COVERED IS LOCATED, CAUSED BY THE PERIL(S) INSURED AGAINST. THIS COMPANY SHALL NOT BE LIABLE FOR ANY LOSS SPECIFICALLY EXCLUDED UNDER (A) THE RIOT PROVISIONS OF THE EXTENDED COVERAGE ENDORSEMENT, OR (B) THE VANDALISM AND MALI- CIOUS MISCHIEF ENDORSEMENT. 12. BREACH OF WARRANTY CLAUSE: If a breach of any warranty or condition contained in any rider attached to or made a part of this policy shall occur, which breach by the terms of such warranty or condition shall operate to suspend or avoid this insurance, it is agreed that such suspension or avoidance due to such breach, shall be effective only during the continuance of such breach and then only as to the building, fire division, contents therein, or other separate location to which such warranty or condition has reference and in respect of which such breach occurs. 13,SUBROGATION WAIVER CLAUSE: This insurance shall not be invalidated should the Insured waive in writing any or all right of recovery against any party for loss, PROVIDED, HOWEVER, THAT IN THE EVENT THE INSURED WAIVES ONLY A PART OF HIS RIGHTS AGAINST ANY PARTICULAR THIRD PARTY, THIS COMPANY SHALL BE SUB - ROGATED WITH RESPECT TO ALL RIGHTS OF RECOVERY WHICH THE INSURED MAY RETAIN AGAINST ANY SUCH THIRD PARTY FOR LOSS FROM THE PERILS INSURFD AGAINST TO THE EXTENT THAT PAY- MENT THEREFOR IS MADE BY THIS COMPANY; ALL SUBJECT TO THE FOLLOWING ADDITIONAL PRO- VISIONS: (A) If made before loss has occurred, such agreement may run in favor of any third party; (B) IF MADE AFTER LOSS HAS OCCURRED, SUCH AGREEMENT MAY RUN ONLY IN FAVOR OF A THIRD PARTY FALLING WITHIN ONE OF THE FOLLOWING CATEGORIES AT THE TIME OF LOSS: (1) A THIRD PARTY INSURED UNDER THIS POLICY; OR (2) A CORPORATION, FIRM, OR ENTITY (a) OWNED OR CONTROLLED BY THE NAMED INSURED OR IN WHICH THE NAMED INSURED OWNS CAPITAL STOCK OR OTHER PROPRIETARY INTEREST, OR (b) OWNING OR CONTROLLING THE NAMED INSURED OR OWNING OR CONTROLLING CAPI- TAL STOCK OR OTHER PROPRIETARY INTEREST IN THE NAMED INSURED: OR (3) A TENANT OF THE NAMED INSURED. 14. LOSS CLAUSE: Any loss hereunder shall not reduce the amount of this policy. 15. DEBRIS REMOVAL CLAUSE: This insurance covers expense incurred in the removal of debris of the property covered hereunder, which may be occasioned by loss caused by any of the perils insured against in this policy. THE TOTAL LIABILITY UNDER THIS POLICY FOR BOTH LOSS TO PROPERTY AND DEBRIS REMOVAL EXPENSE SHALL NOT EXCEED THE AMOUNT OF INSURANCE APPLYING UNDER THIS POLICY TO THE PROPERTY COVERED. THIS COMPANY SHALL NOT BE LIABLE FOR A GREATER PROPORTION OF SUCH DEBRIS REMOVAL EXPENSE THAN THE AMOUNT OF INSURANCE, UNDER THIS POLICY BEARS TO THE WHOLE AMOUNT OF INSURANCE COVERING THE PROPERTY AGAINST THE PERM, CAUSING THE LOSS, WHETHER OR NOT SUCH OTHER INSURANCE COVERS SUCH EXPENSE. THIS COMPANY SHALL NOT BE LIABLE FOR DEBRIS REMOVAL EXPENSE OCCASIONED DIRECTLY OR INDIRECTLY BY ENFORCEMENT OF ANY LOCAL OR STATE ORDINANCE OR LAW REGULATING THE CONSTRUCTION, REPAIR OR DEMOLITIOX OF BUILDING(S) OR STRI- CTURE(S), UNLESS SUCH LIABILITY IS OTHERWISE SPECIFICALLY ASSUMED BY ENDORSEMENT HEREON. Debris removal expense shall not be considered in the determination of actual cash value in the application of any clause forming a Dart of this policy. CITY OF NEWPORT BEACH CITY ATTORNEY DEPARTMENT April 15, 1963 To: Purchasing Agent From: City Attorney Subject: Contract for concession at Corona del Mar Beach Park We are returning with our approval Policy No. RLP 159013 which provides public liability insurance for the operation of the concession at Corona del Mar Beach Park. It should be noted that the two insurance policies covering fire insurance on furniture, fixtures and equipment in the building, e.g., Policy No. 112099 issued by the Commercial Union Assurance Company Limited and Policy No. 104AP5159 issued by the St. Paul Fire and Marine Insurance Company, are due to expire on 6- 13 -63. Evidence of the renewal of the existing coverage or of the issuance of new policies should be required by the expiration date. Under the terms of the concession contract the concessionaire is not required to provide fire insurance coverage for the build- ing itself, but only for the furniture, fixtures and equipment therein. If the City does not have insurance covering damage to the building, consideration should be given to the advisability of providing such coverage. Contract file C 666 on this matter is returned herewith. Walter W. Charamza City Attorney By Tu�Iy eym 15k - THS:mec Assistant City Attorney Enc. ROYAL INDEMNITY COMPANYI ROYAL EXECUTIVE OFFICE: NEW YORK A NEW YORK CORPORATION IIIDWFay mot' fora rate of 3nouranre Date 5/8/63 Issued at the request of CITY OF NEWPORT BEACH Address 34111 to ID (Atrtifg that the insured named below is at this date insured with this Company as described in the following schedule. S[I�PDII�! I Name of Insured DONALD W. TOSH AND IAN M. TOSH DBA: TOSH BROTHERS Add 3 LONG BEACH, CALIF. Locations Covered a CORONA DEL MAR BEACH" Description of Work ALL OPERATIONS OF THE INSURED INCLUDING NON –OWNED AUTO. LIMITS OF LIABILITY KIND OF POLICY EXPIRATION Bodily Injury Property Damage POLICY NUMBER DATE It I' Each ch Pern 1 Each Accident }Each Accident S 3 3 Workmen', As provided by Workmen's Compensation Law XXXX XXXX 'r Compensation Stve -- – -- Manufacmreri or Proper,y Damage Contractors' Liability Owners' or Cow,.cror; Property Damage _ Protective Liability . APPRO Owners', Landlord,• ED AST r yftperw Damage t and Tenants Liability Aw. mobile Liabiliry— JAY � RI.INFRO a e : '�. –f.� _fir_.{ g' °uAll Owned Vehicles 333 N. NEWPORT BLVD., NEWPORT BEACH, CALIF, WALTE ' rV : t r 4ZA XXXX XXXX 1 ° All Hired Vehicle Telephone Liberty 8 -1185 City All mr ° All Other Non -Owned Vehicles .---'— rs try - XXXX / The following ° -r- TUL r'3`"��Y� F r. - XXX IR vehicle(,): ) Assistant City Atic:ney Comprehensive Liabiliry: ` °mpr`hen,ly° Amomobi,e RLP 1590 1 518166 50o, 000, I, 000, 000 5o, 000. XXXX I,000sOOO. Bodily Inattry ` ,ra, .I 'iv` RLP 15901 5/8/66 50o, 000 . I , 000, 000 5o, COO. Property Damage non -- —ten; t Each occurrence as respects Family Auromoo�biille coverage.. n, The Company will mai�4o tn�1X v y k3"sP &� &a&iTT fiNQTJsCi6sued a record of any material change in or cancellation of the said policy or policies. "30 DAYS PRIOR TO SUCH MATERIAL CHANG OR CANCELLATION." ROY L DEM ITY ¢ P NY k _ By 1 R20798G50M -I1 -62 .. Authorised Represent. c Er. "' Comprehensive Lobility Policy Combination Automobile and General Liability Form (Pacific Coast) T.. THIS IS A TRUE AND COPY OF POLICY NO. MM A CERTIFIED RLP 15901/33. A NEW YORK CORPORATION nVr9 AR ATinwq APPROVED AS TO FORM Countersigned by % Dated: A7u_thc7l?4rRepresentative JAY iYrvrr'c WALTER W. CHARAAIZA City Attorney r n B y / - j..'-'.' U �aLla✓ j TULLY Ai. S R Assistant City Attorney E U LL ^O r W R � m A e� ttl o q a 90 c0 qe N of U G q 0 v oa va e 0 _ O a• U E ' U IX X IX o. a a ISSUED TO DONALD W. TOSH & IAN M. TOSH DBA: TOSH BRi EXPIRATION 5/8/66 9 1 Name and Address of Insured N N Uaap .g •o b �x a_ DONALD W. TOSH AND IAN M. TOSH DBA: TOSH BROTHERS F %L K _ 3708 LINDEN, LONG BEACH, CALIF. P9 ;> 0 �z = o a Individual ER Partnership ❑ Corporation ❑ pmt K Caro a �3~ (Other) C6 d M Business of the named insured is RESTAURANT AND BEACH EQUIPMENT RENTAL _ 2 Policy Period: From to 5 12:01 A. NL standard time 5/8/63 at the address of the named insured as stated herein. _ 3 The insurance afforded is only with respect to such and so many of the following coverages as are indicated by specific premium charge or charges. The limit of the company's liability against each such coverage shall be as stated herein, subject to all of the terms of this Policy having reference thereto. Coverages Limits of Liability I Advance Premiums A- Bodily Injury Liability Each person Each accident Aggregate products $ 500, 000.00 $ 1, 000, 000. $ 1, 000, 000. 351.61 B-Pro err Damage P Y ama B Y Each accident * * * * * * s * * s * • s * * * — Automobile $ 50,000-00 •31 Each accident Aggregate operations Aggregate protective 50,000.00 $ 50,000. $ 50,000. C- Property Damage Liability — Except Automobile I Aggregate products Aggregate contractual ** s s# s* s $ 50,000.00 $50,000. 54.31 Endorsements attached to policy at issuance CL60352 NUCL. ENG. CL66387 WATER DAM. EXCL. CL60127 AMEND. END. Total 412.23 Advance Premium If Policy Period is more than one ear premium is payable: 1' 412.23 `1' 387.3+ On effective date of Policy $ 1st Anniversary $ 387.3 2nd Anniversary $ _ 4 During the past three years no insurer has canceled insurance, issued to the named insured, similar to that afforded hereunder, unless otherwise stated herein: APPROVED AS TO FORM Countersigned by % Dated: A7u_thc7l?4rRepresentative JAY iYrvrr'c WALTER W. CHARAAIZA City Attorney r n B y / - j..'-'.' U �aLla✓ j TULLY Ai. S R Assistant City Attorney E U LL ^O r W R � m A e� ttl o q a 90 c0 qe N of U G q 0 v oa va e 0 _ O a• U E ' U IX X IX o. a a ISSUED TO DONALD W. TOSH & IAN M. TOSH DBA: TOSH BRi EXPIRATION 5/8/66 9 O y a N N Uaap .g •o b �x a_ F %L K _ O.a O gem P9 ;> 0 �z = o a �s W pmt K Caro a �3~ C6 d M This scace for the attachment of endorsements, if any CONDITIONS The conditions, except conditions 4, 5, 6, 7 and 9, apply to all coverages. Conditions 4, 5, 6, 7 and 9 apply only to the coverage or coverages noted thereunder. 1. Premium. The advance premium stated in the declarations is an estimated premium only. Upon termination of this policy, the earned premium shall be computed in accordance with the company's rules, rates, rating plans, premiums and minimum premiums applicable to this insurance. If the earned premium thus computed exceeds the estimated advance pre- mium paid, the named insured shall pay the excess to the company; if less, the company shall return to the named insured the unearned portion paid by such insured. When used as a premium basis: (I) the word "admissions" means the total number of persons, other than employees of the named insured, admitted to the event insured or to events conducted on the premises whether on paid admission tickets, complimentary tickets or passes; (2) the word "cost" means the total cost to (a) the named insured with respect to operations performed for the named insured during the policy period by independent contractors, or (b) any indemnitce with respect to any contract covered by this policy, of all work let or sub -let in connection with each specific project, including the cost of all labor, materials and equipment furnished, used or delivered for use in the execution of such work, whether furnished by the owner, con- tractor or subcontractor, including all fees, allowances, bonuses or commisions made, paid or due; (3) the word "receipts" means the gross amount of money charged by the named insured for such operations by the named insured or by others during the policy period as are rated on a receipts basis other than receipts from telecasting, broadcasting or motion pictures, and includes taxes, other than taxes which the named insured collects as a separate item and remits directly to a governmental division; (4) the word " remuneration" means the entire remuneration earned during the policy period by proprietors and by all employees of the named insured, other than drivers of teanms or automobiles and aircraft pilots and co- pilots, subject to any overtime earnings or limitation of renun- eration rule applicable in accordance w=ith the manuals in use by the company ; (5) the word "sales" means the gross amount of money charged by the named insured or by others trading under his name for all goods and products sold or distributed during the policy period and charged during the policy period for installation, servicing or repair, and includes taxes, other than taxes which the named insured and such others collect as a separate item and remit directly to a governmental division; (6) the words "cost of hire" means the amount incurred for (a) the hire of automobiles, including the entire remuneration of each employee of the named insured engaged in the operation of such automobiles subject to an average weekly maximum remuneration of ;100, and for (b) pick -up, transportation or delivery service of property or passen- gers performed by motor carriers of property or passengers for hire, other than such services performed by motor carriers which are subject to the security requirements of any motor carrier law or ordinance. The rates for each $100 of "cost of hire" shall be Solo of the applicable hired automobile rates, provided the owner of such hired automobile has purchased automobile Bodily Injury Liability and Property Dam- age Liability insurance covering the interest of the named insured on a direct primary basis as respects such automobile and submits evidence of such insurance to the named insured; (7) the words "Class 1 persons" mean the following persons, provided their usual duties in the business of the named insured include the use of non -owned automobiles: (a) all employees, including officers, of the named insured compensated for the use of such automobiles by salary, commission, terms of employment, or specific operating allow- ance of any sort; (b) all direct agents and representatives of the named insured; (8) the words "Class 2 employees" mean all employees, including officers, of the named insured, not included in Class 1 persons. The named insured shall maintain for each hazard records of the infor- mation necessary for premium computation. 2. Inspection and Audit. The company shall be permitted to inspect the insured premises, operations, automobiles and elevators and to examine and audit the insured's books and records at any time during the policy period and any extension thereof and within three years after the final termination of this policy, as far as they relate to the premium bases or the subject matter of this insurance. 3. Definitions. (a) Contract. The word "contract" means, if in writing, a lease of premises, easement agreement, agreement required by municipal or- dinance, sidetrack agreement, or elevator or escalator maintenance agreement. (b) Automobile. Except where stated to the contrary, the word "auto- mobile" means a land motor vehicle or trailer as follows: (1) Owned Automobile —an automobile owned by the named insured; (2) Hired Automobile —an automobile used under contract in behalf of, or loaned to, the named insured provided such auto- mobile is not owned by or registered in the name of (a) the named insured or (b) an executive officer thereof or (c) an employee or agent of the named insured who is granted an operating allowance of any sort for the use of such automobile; (3) Non -Owned Automobile —any other automobile. The following described equipment shall be deemed an automobile while towed by or carried on an automobile not so described, but not otherwise: if of tbe0scrawler -type, any tractor, power crane or shovel, ditch or trench digger; any farm -type tractor; any concrete mixer other than of the mix -in- transit type; any grader, scraper, roller or faun implement; and, if not subject to motor vehicle registra- tion, any other equipment not specified below, which is designed for use principally off public roads. The following described equipment shall be deemed an automobile while towed by or carried on an automobile as above defined solely for purposes of transportation or while being operated solely for locomotion, but not otherwise: if of the non- crawler type, any power crane or shovel, ditch or trench digger; and any air - compressing, building or vacuum cleaning, spraying or welding equipment or well drilling machinery. (c) Semitrailer. The word "trailer" includes semitrailer. (d). Two or More Automobiles. The terms of this policy apply sepa- rately to each automobile insured hereunder, but a motor vehicle and a trailer or trailers attached thereto shall be held to be one automobile as respects limits of liability. (e) Use. Use of an automobile includes the loading and unloading thereof. (f) Products Hazard. The term "products hazard" means (1) goods or products manufactured, sold, handled or distributed by the named insured or by others trading under his name, if the accident occurs after possession of such goods or products has been relinquished to others by the named insured or by others trading under his name and if such accident occurs away from premises owned, rented or controlled by the named insured or on premises for which the classification stated in the company's manual excludes any part of the foregoing; provided, such goods or products shall be deemed to include any container thereof, other than a vehicle, but shall not include any vending machine or any property, other than such container, rented to or located for use of others but not sold; (2) operations, if the accident occurs after such operations have been completed or abandoned and occurs away from premises owned, rented or controlled by the named insured; provided, operations shalt not be deemed incomplete because improperly or defectively performed or because further operations may be required pur- suant to an agreement; provided further, the following shall not be deemed to be "operations" within the meaning of this paragraph; (a) pick -up or delivery, except from or onto a railroad car, (b) the maintenance of vehicles owned or used by or in behalf of the insured, (c) the existence of tools, uninstalled equipment and abandoned or unused materials and (d) opera- tions for which the classification stated in the company's manual specifically includes completed operations. (g) Assault and Battery. Assault and battery shall be deemed an acci- dent unless committed by or at the direction of the insured. 4. Limits of Liability — Coverage A. The limit of bodily injury liability stated in the declarations as applicable to "each person" is the limit of the company's liability for all damages, including damages for care and loss of services, arising out of bodily injury, sickness or disease, including death at any time resulting therefrom, sustained by one person as the result of any one accident; the limit of such liability stated in the declara- tions as applicable to "each accident" is, subject to the above provision respecting each person, the total limit of the company's liability for all damages, including damages for care and loss of services, arising out of bodily injury, sickness or disease, including death at any time resulting therefrom, sustained by two or more persons as the result of any one accident. S. Limits of Liability — Coverages B and C. The limit of property dam- age liability stated in the declarations as applicable to "each accident' is the total limit of the company's liability for all damages arising out of injury to or destruction of all property of one or more persons or organizations, including the loss of use thereof, as the result of any one accident. 6. Limits of Liability — Products— Coverages A and C. Subject to the limit of liability with respect to "each accident ", the limits of bodily injury liability and property damage liability stated in the declarations as "aggre- gate products" are respectively the total limits of the company's liability for all damages arising out of the products hazard. All such damages arising out of one lot of goods or products prepared or acquired by the named insured or by another trading under his name shall be considered as arising out of one accident. 7. Limits of Liability— Coverage C. Subject to the limit of liability with respect to "each accident ", the limit of property damage liability stated in the declarations as "aggregate operations" is the total limit of the com- pany's liability for all damages arising out of injury to or destruction of property, including the loss of use thereof, caused by the ownership, mainte- nance or use of premises or operations rated on a remuneration premium basis or by contractors' equipment rated on a receipts premium basis. Subject to the limit of liability with respect to "each accident ", the limit of property damage liability stated in the declarations as "aggregate pro- tective" is the total limit of the company's liability for all damages arising out of injury to or destruction of property, including the loss of use thereof, caused by operations performed for the named insured by independent con- tractors or general supervision thereof by the named insured, except (a) maintenance and repairs at premises owned by or rented to the named in- sured and (b) structural alterations at such premises which do not involve changing the size of or moving buildings or other structures. Subject to the limit of liability with respect to "each accident", the limit of property damage liability stated in the declarations as "aggregate con- tractual" is the total limit of the company's liability for all damages arising out of injury to or destruction of property, including the loss of use thereof, with respect to liability assumed by the insured under contracts covered by this policy in connection with operations for which there is an "aggregate operations" limit of property damage liability stated in the declarations. r ROYAL INDEMNITY COMPANY (A stock insurance company, herein caned the company) Agrees with the insured, named in the declarations made a part hereof, in consideration of the payment of the premium and in reliance upon the state- ments in the declarations and subject to the limits of liability, exclusions, conditions and other terms of this policy: INSURING AGREEMENTS 1. Coverage A— Bodily Injury Liability To pay on behalf of the insured all sums which the insured shall become legally obligated to pay as damages because of bodily in- jury, sickness or disease, including death at any time resulting there- from, sustained by any person and caused by accident. Coverage B— Property Damage Liability — Automobile To pay on behalf of the insured all sums which the insured shall become legally obligated to pay as damages because of injury to or destruction of property, including the loss of use thereof, caused by accident and arising out of the ownership, maintenance or use of any automobile. Coverage C— Property Damage Liability— Except Automobile To pay on behalf of the insured all sums which the insured shall become legally obligated to pay as damages because of injury to or destruction of property, including the loss of use thereof, caused by accident. 11. Defense, Settlement, Supplementary Payments With respect to such insurance as is afforded by this policy, the company shall: (a) defend any suit against the insured alleging such injury, sick- ness, disease or destruction and seeking damages on account thereof, even if such suit is groundless, false or fraudulent; but the company may make such investigation, negotiation and settlement of any claim or suit as it deems expedient; (b) (1) pay all premiums on bonds to release attachments for an amount not in excess of the applicable limit of liability of this policy, all premiums on appeal bonds required in any such defended suit, the cost of bail bonds required of the insured in the event of automobile accident or automobile traffic law violation during the policy period, not to exceed $100 per bail bond, but without any obligation to apply for or furnish any such bonds; (2) pay all expenses incurred by the company, all costs taxed against the insured in any such suit and all interest accruing after entry- of judgment until the company has paid or ten- dered or deposited in court such part of such judgment as does not exceed the limit of the company's liability thereon; (3) pay expenses incurred by the insured for such immediate med- ical and surgical relief to others as shall be imperative at the time of the accident; (4) reimburse the insured for all reasonable expenses, other than loss of earnings, incurred at the company's request; and the amounts so incurred, except settlements of claims and suits, are payable by the company in addition to the applicable limit of lia- bility of this policy. This policy- does not apply: 111. Definition of Insured The unqualified word "insured" includes the named insured and also includes (1) under coverages A and C, except with respect to the ownership, maintenance or use of automobiles while away from prem- ises owned, rented or controlled by the named insured or the ways immediately adjoining, any executive officer, director or stockholder thereof while acting within the scope of his duties as such, and any organization or proprietor with respect to real estate management for the named insured, and if the named insured is a partnership, the unqualified word "insured" also intiudes any partner therein but o:dv with respect to his liability as such, and (2) under coverages A and B, any person while using an owned automobile or a hired automobile and any person or organization legally responsible for the use thereof, in o- vided the actual use of the automobile is by the named insured or with his permission, and any executive officer of the named insured with respect to the use of a non -owned automobile in the business of the named insured. The insurance with respect to any person or organiza- tion other than the named insured does not apply tinder division (2) of this insuring agreement: (a) with respect to an automobile while used with any trailer owned or hired by the insured and not covered by like insurance in the company; or with respect to a trailer while used with any auto- mobile owned or hired by the insured and not covered by like insurance in the company; (b) to any person or organization, or to any agent or employee there- of, operating an automobile sales agency, repair shop, service station, storage garage or public parking place, with respect to any accident arising out of the operation thereof, but this pro- vision does not apply to a resident of the same household as the named insured, to a partnership in which such resident or the named insured is a partner, or to any partner, agent or employee of such resident or partnership; (c) to any employee with respect to injury to or sickness, disease or death of another employee of the same employer injured in the course of such employment in an accident arising out of the maintenance or use of an automobile in the business of such employer; (d) with respect to any hired automobile, to the owner, or a lessee thereof other than the named insured, or to any agent or em- ployee of such owner or lessee; (e) with respect to any nom -owned automobile, to any executive officer if such automobile is owned by him or a member of the same household. IV. Policy Period, Territory This policy applies only to accidents which occur during the policy period within the United States of America, its territories or posses- sions, or Canada. With respect to automobiles this policy also applies to accidents which occur during the policy period while the automobile is being transported between ports thereof. EXCLUSIONS (a) to liability assumed by the insured under any contract or agreement except under coverages A and C, (1) a contract as defined herein or (2) as respects the insurance which is afforded for the Products Hazard as defined, a warranty of goods or products; (b) to injury, sickness, disease, death or destruction due to war, whether or not declared, civil war, insurrection, rebellion or revolution, or to any act or condition incident to airy of the foregoing, with respect to (1) liability assumed by the insured under any contract or agreement or (2) expenses corder Insuring Agreement II (b) (3) ; (c) under coverages A and C, to any obligation for which the insured may be held liable in an action on a contract or an agreement by a person not a party thereto; (d) under coverages A and C, except with respect to operations performed by independent contractors and except with respect to liability, assumed by the insured under a contract as defined herein, to the ownersbip, maintenance, operation, use, loading or unloading of (1) watercraft if the accident occurs away from premises owned by, rented to or controlled by the named insured, except insofar as this part of this exclusion is stated in this policy to be inapplicable, or (2) aircraft; (e) under coverages A and C, to liability imposed upon the insured or any indemnitee, as a person or organization engaged in the business of manufacturing, selling or distributing alcoholic beverages, or as an owner or lessor of premises used for such purposes, by reason of any statute or ordinance pertaining to the sale, gift, distribution or use of any alcoholic beverage; (f) under coverage A, to any obligation for which the insured or any carrier as his insurer may be held liable under any workmen's compensation, unemployment compensation or disability benefits law, or under any similar law ; (g) under coverage A, except with respect to liability assumed by the insured under a contract as defined herein, to bodily injury to or sickness, disease or death of any employee of the insured arising out of and in the course of his employment by the insured, other than a domestic employee whose injury arises out of an automobile covered by this policy and for whose injury benefits in whole or in part are not payable or required to be provided under any workmen's compensation law; (h) tinder coverage B, to injury to or destruction of property owned or transported by the insured, or property rented to or in charge of the insured other than a residence or private garage injured or destroyed by a private passenger automobile covered by this policy; (i) under coverage C, except with respect to operations performed by independent contractors and except with respect to liability assumed by the insured under a contract as defined herein, to the ownership, maintenance, operation, use, loading or unloading of automobiles if the accident occurs away from premises owned by, rented to or controlled by the named insured or the ways immediately adjoining; (j) under coverage C, to injury to or destruction of (1) property owned or occupied by or rented to the insured, or (2) except with respect to liability under sidetrack agreements covered by this policy, property used by the insured, or (3) except with respect to liability under such sidetrack agreements or the use of elevators or escalators at premises owned by, rented to or controlled by the named insured, property in the care, custody or control of the insured or property as to which the insured for any purpose is exercising physical control, or (4) any goods, products or containers thereof manufactured, sold, bandied or distributed or premises alienated by the named insured, or work completed by or for the named insured, out of which the accident arises; (k) under coverage C, to any of the folloaviog insofar as any of them occur on or from premises o:oned by or rented to the named insured and injure or destroy buildings or property therein: (1) the discharge, leakage or overflow of water or steam from plumbing, heating, refrigerating or air - conditioning systems, standpipes for fire hose, or industrial or domestic appliances, or any substance front automatic sprinkler systems, (2) the collapse or fall of tanks or the component parts or supports thereof which form a part of automatic sprinkler systems, or (3) rain or snow admitted directly to the building interior through defective roofs, leaders or spouting, or open or defective doors, windows, skylights, transoms or ventilators; provided, however, this exclusion does not apply to loss due to fire, to the use of elevators or escalators, to operations performed by independent con- tractors, or to the extent that this exclusion is stated in this policy to be inapplicable; (L) under coverage C, to injury to or destruction of any property arising out of (1) blasting or explosion, other than the explosion of air or steam vessels, piping under pressure, prime movers, machinery or power transmitting equipment, or (2) the collapse of or structural injury to any building or structure due (a) to grading of land, excavation, borrowing, filling', back - filling, tunneling, pile driving, coffer -clam work or caisson work, o' (b) to nnoving, shoring, underpinning, raising or demolition of any building or structure or removal or rebuilding of any structural support thereof; provided, however, this exclusion does not apply with respect to liability assumed by the insured under any contract covered by this policy, to operations performed for the named insured by independent contractors or to completed or abandoned operations within the meaning of paragraph 2 of the Products Hazard, and provided further that part (1) or part (2) of this exclusion does not apply to operation stated, in this policy or in the company's manual, as not subject to such part of this exclusion; (m) under coverage C, to injury to or destruction of wires, conduits, pipes, mains, sewers or other similar property, or any apparatus in con- nection therewith, below the surface of the ground, if such injury or destruction is caused by and occurs during the use of mechanical equipment for the purpose of grading of land, paving, excavating or drilling, or to injury to or destruction of property at any time resulting therefrom; provided, however, this exclusion does not apply with respect to liability assumed by the insured under any contract covered by this policy, to operations performed for the named insured by independent contractors, to completed or abandoned operations within the meaning of para- graph 2 of the Products Hazard, or to operations stated, in this policy or in the company's manual, as not subject to this exclusion. The limits of property damage liability stated in the declarations as "aggregate operations", "aggregate protective" and "aggregate contractuaP' apply separately to each project with respect to operations being performed away from premises owned by or rented to the named insured. S. Severability of Interests. The term "the insured" is used severally and not collectively, but the inclusion herein of more than one insured shall not operate to increase the limits of the company's liability. 9. Financial Responsibility Laws — Coverages A and B. When this policy is certified as proof of financial responsibility for the future under the provisions of the motor vehicle financial responsibility law of any state or province, such insurance as is afforded by this policy for bodily injury liability or for property damage liability shall comply with the provisions of such law which shall be applicable with respect to any such liability arising out of the ownership, maintenance or use during the policy period of any automobile insured hereunder, to the extent of the coverage and limits of liability required by such law, but in no event in excess of the limits of liability stated in this policy. The insured agrees to reimburse the company for any payment made by the company which it would not have been obligated to make under the terms of this policy except for the agree- ment contained in this paragraph. 10. Notice of Accident. When an accident occurs written notice shall be given by or on behalf of the insured to the company or any of its author- ized agents as soon as practicable. Such notice shall contain particulars .sufficient to identify the insured and also reasonably obtainable information respecting the time, place and circumstances of the accident, the names and addresses of the injured and of available witnesses. 11. Notice of Claim or Suit. If claim is made or shit is brought against the insured, the insured shall immediately forward to the company every demand, notice, summons or other process received by him or his repre- sentative. 12. Assistance and Cooperation of the Insured. The insured shall cooperate with the company and, upon the company's request, shall attend hearings and trials and shall assist in effecting settlements, securing and giving evidence, obtaining the attendance of witnesses and in the conduct of suits. The insured shall rot, except at his own cost, voluntarily make any payment, assume any obligation or incur any expense other than for such immediate medical and surgical relief to others as shall be imperative at the time of accident. 13. Action Against Company. No action shall lie against the company unless, as a condition precedent thereto, the insured shall have fully complied with all the terms of this policy, nor until the amount of the insured's obligation to pay shall have been finally determined either by judgment against the insured after actual trial or by written agreement of the insured, the claimant and the company. Any person or organization or the legal representative thereof who has secured such judgment or written agreement shall thereafter be entitled to recover under this policy to the extent of the insurance afforded by this policy. Nothing contained in this policy shall give any person or organiza- tion any right to join the company as a co- defendent in any action against the insured to determine the insured's liability. Bankruptcy or insolvency of the insured or of the insured's estate shall not relieve the company of any of its obligations hereunder. 14. Other Insurance. If the insured has other insurance against a loss covered by this policy the company shall not be liable under this policy for a greater proportion of such loss than the applicable limit of liability stated in the declarations bears to the total applicable limit of liability of ail valid and collectible insurance against such loss ; provided, however, the insurance under this policy with respect to loss arising out of the maintenance or use of any hired automobile insured on a cost of hire basis or the use of any non - owned automobile shall be excess insurance over any other valid and collectible insurance. 15. Subrogation. In the event of any payment under this policy, the com- pany shall be subrogated to all the insured's rights of recovery therefor against any person or organization and the insured shall execute and deliver instruments and papers and do whatever else is necessary to secure such rights. The insured shall do nothing after foss to prejudice such rights. 16. Changes. Notice to any agent or knowledge possessed by any agent or by any other person shall not effect a waiver or a change in any part of this policy or estop the company from asserting any right under the terms of this policy; nor shall the terms of this policy be waived or changed, except by endorsement issued to form a part of this policy, signed by a duly authorized representative of the company. 17. Assignment. Assignment of interest under this policy shall not bind the company until its consent is endorsed hereon; if, however, the named insured shall die, this policy shall cover (1) the named insured's legal representative as the named insured, and (2) subject otherwise to the pro- visions of Insuring Agreement III, any person having proper temporary custody of any owned automobile or hired automobile, as an insured, until the appointment and qualification of such legal representative; provided that notice of cancellation addressed to the insured named in the declarations and mailed to the address shown in this policy shall be sufficient notice to effect cancellation of this policy. 18. Cancellation. This policy may be canceled by the named insured by surrender thereof to the company or any of its authorized agents or by mailing to the company written notice stating when thereafter the cancella- tion shall be effective. This policy may be canceled by the company by mailing to the named insured at the address shown in this policy written notice stating when not less than ten clays thereafter such cancellation shall be effective. The mailing of notice as aforesaid shall be sufficient proof of notice. The time of the surrender or the effective date and hour of cancella- tion stated in the notice shall become the end of the policy period. Delivery of such written notice either by the named insured or by the company shall be equivalent to mailing. If the named insured cancels, earned premium shall be computed in accordance with the customary short rate table and procedure. If the com- pany cmcels, earned premium shall be computed pro rata. Premium ad- justment may be made either at the time cancellation is effected or as soon as practicable after cancellation becomes effective, but payment or tender of unearned premium is not a condition of cancellation. 19. Declarations. By acceptance of this policy the named insured agrees that the statements in the declarations are his agreements and representa- tions, that this policy is issued in reliance upon tthe truth of such representa- tions and that this policy embodies all agreements existing between himself and the company or any of its agents relating to this insurance. IN WITNESS WHEREOF, the company has caused this policy to be executed and attested, but this policy shall not be valid unless counter- signed on the declarations page by a duly authorized representative of the company. &6 Secretary President Comprehensive General— Comprehensive General- Amomobile INTERPRETIVE ENDORSEMENT PRODUCTS HAZARD This endorsement is issued for attachment to and is hereby made a part of the policy designated below and is effective as of the date indicated, at 12:01 A.M., standard time at the address of the named insured as stated in the policy. Effective Date TOSH BROTHERS It is agreed that the word 'operations" as used in the Products Hazard includes any act or omission in connection with operations performed by or on behalf of the named insured on the premises or elsewhere, whether or not goods or products are involved in such operations. This endorsement is subject to all terms, conditions and exclusions of the policy which are not into erewith. CLOO47SA 9.62 G741, P.C. 299 Signature of Authorized. liepnas e .�91 & RENFRO END. #7 Compceh.sive Geaecal- Automobile PARTNERS AS NAMED INSURED This endorsement is issued for attachment to and is hereby made a part of the policy designated below and is effective as of the date indicated, at 12:01 A.M., standard time at the address of the named insured as stated in the policy. RLP 159013 Prod.= ROYAL IND. CO. TOSH BROTHERS Effective Date It is agreed that the policy except with respect to the ownership, maintenance, operation or use of automobiles applies to named partners of the partnership named in the declarations only while acting within the scope of their duties as such. This endorsement is subject to all terms, conditions and exclusions of the policy which are not inconsisten .FmeS ith. Signature of Authorized Representa Ci663964M -5.62 JAY ♦4 RENrRe G537 THREE YEAR POLICY ENDORSEMENT END. #C It is agreed that such insurance as is afforded by the policy applies subject to the following provisions: 1. The policy period stated in the declarations is comprised of three consecutive annual periods. 2. Rates for the automobile hazards are subject to amendment for the second and third annual periods in accordance with the company's rules and rating plans. 3. Computation and adjustment of earned premium shall be made at the end of each annual period. 4. Aggregate limits of liability as stated in the policy shall apply separately to each annual period in the same manner in which they would apply if the policy period were one year. Attached to and hereby made a part of RLP159013 Policy No. uzaed by the ROYA Indemnity Company to TOSH BROTHERS Countersigned: i r664 Authoriz • rese tative .�.- ^•'.... ........ P86alO8NI .;AY G _tt,; iW CL -40134 STANDARD COMPREHENSIVE RLP 159013 I ROYAL IND. CO. Named Insured TOSH BROTHERS This endorsement is issued for attachment to and is hereby made a part of the policy designated above, and is effective as of the date indicated, and at the effective hour stated in the policy, standard time at the address of the named insured as stated in the policy. END. #5 Endo. mctu Dg (M.., Day, Yi IAdditio5na.II Premiu3m - P S INCL. _ F- ENDORSEMENT inducer Code No. Premium L J IT IS HEREBY UNDERSTOOD AND AGREED BY THIS COMPANY THAT IN THE EVENT OF CANCELLATION OF THIS POLICY, EITHER BY THIS COMPANY OR AT THE REQUEST OF THE INSURED, CITY OF NEWPORT BEACH WILL BE GIVEN 30 DAYS NOTICE IN WRITING BEFORE SUCH CANCELLATION SHALL BECOME EFFECTIVE, ANYTHING IN THE PRINTED CONDITIONS OF THIS POLICY TO THE CONTRARY NOTWITHSTANDING. This endorsement is subject to all terms, conditions and exclusions of the policy which are not inconsistent ith. G FOR nEErrE Ilse nNr.v Signed by Authorized Repres 403MTEN AO Nff MMOMRIIW®®M®®EJEJ MUM- MM ON ■EMMOMME■IME ■t■ w�mm= ....■_...-■■......�._-_— a.�svvorn A62 Z END. #4 ENDORSEMENT This endorsement is issued for attachment to and is hereby made a part of the policy designated above, and is effective as of the date indicated, Rod at the effective hour stated in the policy, standard time at the address of the named insured as stated in the policy. L J IN CONSIDERATION OF PREMILM CHARGED IT IS AGREED THAT ALL COVERAGE IS EXCLUDED FOR ALL EXPOSURES AT THE INSURED'S LOCATION AT HUNTINGTON BEACH, CALIFORNIA. This endorsement is subject to all terms, conditions and exclusions of the policy which are not inconsistent herewith. 1 ❑ FOR OFFfCP. SF. Si ed by Authorized Reprevjq t' ONLY NMI= I L-MMINi "2 ':: E ND. #3 ENMRSEMENT RLP 159013 I ROYAL IND. CO. I 5/d/63 Namect Imund Additioo�t Premium F TOSH BROTHERS 1$ INCL. $ This endorsement is issued for attachment to and is hereby made a part of the policy designated above, and is effective as of the date indicated, and at the effective hour stated in the policy, standard time at the address of the named insured as stated in the policy. F 7 L J THE CITY OF NEWPORT BEACH IS NOT LIABLE FOR THE PAYMENT OF ANY PREMIUMS OR ASSESSMENTS ON THIS POLICY. This endorsement is subject to all terms, conditions and exclusions of the policy which are not inconsistent rewith. It FOR OFFICE USE ONLY - -Repre�nta- ■ ��� ®® IND. CO. BROTHERS This endorsement is issued for attachment to and is hereby made i part of the policy designated above, and is effective as of the date indicated, and at the effective hour stated in the policy, standard time at the address of the named insured as stated in the policy. EMORMWNT 7 J J EXCLUSION OF OWNED AUTOMOBILES IT IS HEREBY UNDERSTOOD AND AGREED THAT SUCH INSURANCE AS IS AFFORDED BY THIS POLICY DOES NOT APPLY AS RESPECTS AUTO- MOBILES OWNED OR DRIVEN BY THE NAW D INSURED. This endorsement is subject to all terms, conditions and exclusions of the policy which are not inconsisten rewith. FOR OFFICE USE ONLY Signed by Authorized Represent CLMUWN• 9-61 = diva CLMUWN• 9-61 = RLP 159013 1 ROYA TOSH BROTHERS This endorsement is issued for attachment to and is hereby made a part of the policy designated above, and is effective as of the date indicated, and at the effective hour stated in the policy, standard time at the address of the named insured as stated in the policy. S IN(-[ Ill ENDOWMENT 7 L J "THE FOLLOWING ARE ADDED AS ADDITIONAL INSUREDS BUT ONLY WITH RESPECT TO THEIR INTEREST IN PROPERTIES LEASED TO DONALD W. TOSH AND IAN TOSH LOCATED AT BIG CORONA BEACH: 1.- THE CITY OF NEWPORT BEACH 2. -THE STATE OF CALIFORNIA AND THEIR OFFICERS AGENTS AND EMPLOYEES. This endorsement is subject to all terms, conditions and exclusions of the policy which are not inconsistent herewith. r7ned by Ae—thorized Represent FOR OFFICE USE ONLY y� * ® CL20029N- 9-62 Comprebensive General— Comprehensive Gmeral•Aummobile Owners', Landlords' and Tenants' Liability Manufacturers' and Contractors Liability Storekeeper's WATER DAMAGE EXCLUSION AMENDED This endorsement is issued for attachment to and is hereby made a part of the policy designated below and is effective as of the date indicated, at 12:01 A.M., standard time at the address of the named insured as stated in the policy. RLP15901� I ROYAL IND. CO. TOSH BROTHERS It is agreed that: Effective Date 1. The policy does not apply to injury to or destruction of buildings or property therein, wherever occurring, arising out of any of the following causes, if such cause occurs on or from premises owned by or rented to the named insured: (1) the discharge, leakage or overflow of water or steam from plumbing, heating, refrigerating or air - conditioning systems, standpipes for fire hose, or industrial or domestic appliances, or any substance from automatic sprinkler systems, (2) the collapse or fall of tanks or the component parts or supports thereof which form a part of automatic sprinkler systems, or (3) rain or snow admitted directly to the building interior through defective roofs, leaders or spouting, or open or defective doors, windows, skylights, transoms or ventilators; but this exclusion does not apply to loss due to fire, to the use of elevators or escalators or to operations performed by independent contractors. 2. The exclusion in the polity relating to the same subject matter is replaced by the foregoing This endorsement is subject to all terms, conditions and exclusions of the policy which are not inconsistent herewith. CL.66387.40M4-62^ G784, P. C. 376 I a -.1 X:L/ Signed by Authorized RepresentatJ ' JAY & fiNFRO Comprehensive General- Comprehensive General- Automobile Manufacnueri sad Conaacton AMENDMENT OF PREMIUM CONDITION This endorsement is issued for attachment to and is hereby made a part of the policy designated below and is effective as of the date indicated, at 12.01 A.M., standard time at the address of the insured as stated in the policy. RLP 159013 ROYAL IND. CO. Ipaetre rve It is agreed that the definition of 'remuneration' in the Premium Condition is amended to read as follows: The word 'remuneration" means the entire remuneration earned during the policy period by proprietors and by all employees of the named insured, other than drivers of teams or automobiles and aircraft pilots and co- pilots, subject to any overtime earnings or limitation of remuneration rule applicable in accordance with the manuals in use by the company; This endorsement is subject to all terms, conditions and exclusions of the policy which are not inconsisteQh'th. Signs ur e o Authorized Repres JAY & R .FRO CL60127•A _ ... - G657, P.C. 260 NOT APPLICABLE TO FARMERS & COMP. PERSONAL LIABILITY COVERAGES.ttasitly NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT • (BROAD FORM) This endorsement is hereby trade a part of the policy to which it is attached. It is agreed that the policy does not apply: I. Under any Liability Coverage, to injury, sickness, disease, death or destruction (a) with respect to which an insured under the policy is also an insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters or Nuclear Insurance Association of Canada, or would be an insured under any such policy but for its termination upon exhaustion of its limit of liability; or (b) resulting from the hazardous properties of nuclear material and with respect to which (1) any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof, or (2) the insured is, or had this policy not been issued would be, entitled to indemnity from the United States of America, or any agency thereof, under any agreement entered into by the United States of America, or any agency thereof, with any person or organization. II, Under any Medical Payments Coverage, or under any Supplementary Payments provision relating to immediate medical or surgical relief, to expenses incurred with respect to bodily injury, sickness, disease or death result- ing from the hazardous properties of nuclear material and arising out of the operation of a nuclear facility by any person or organization. III. Under any Liability Coverage, to injury, sickness, disease, death or destruction resulting from the hazardous properties of nuclear material, if (a) the nuclear material (1) is at any nuclear facility owned by, or operated by or on behalf of, an insured or (2) has been discharged or dispersed therefrom; (b) the nuclear material is contained in spent fuel or waste at any time possessed, handled, used, processed, stored, transported or disposed of by or on behalf of an insured; or (c) the injury, sickness, disease, death or destruction arises out of the furnishing by an insured of services, materials, parts or equipment in connection with the planning, construction, maintenance, operation or use of any nuclear facility, but if such facility is located within the United States of America; its terri- tories or possessions or Canada, this exclusion (c) applies only to injury to or destruction of property at such nuclear facility. IV. As used in this endorsement: "hazardous properties" include radioactive, toxic or explosive properties; "nuclear material" means source material, special nuclear material or byproduct material; "source material," "special nuclear material," and "byproduct material' have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof; "spent fuel" means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a nuclear reactor; "waste" means any waste material (1) containing byproduct material and (2) resulting from the operation by any .person or organization of any nuclear facility included within the definition of nuclear facility under para- graph (a) or (b) thereof; "nuclear facility" means (a) any nuclear reactor, (b) any equipment or device designed or used for (1) separating the isotopes of uranium or plutonium, (2) processing or utilizing spent fuel, or (3) handling, processing or packaging waste, (c) any equipment or device used for the processing, fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235, (d) any structure, basin, excavation, premises or place prepared or used for the storage or disposal of waste, and includes the site on which any of the foregoing is located, all operations conducted on such site and all premises used for such operations; "nuclear reactor" means any apparatus designed or used to sustain nuclear fission in a self - supporting chain reaction or to contain a critical mass of fissionable material; With respect to injury to or destruction of property, the word "injury" or "destruction' includes all forms of radioactive contamination of property. Nothing herein contained shall be held to waive, alter, vary or extend any of the terms or provisions of the policy, except as herein stated. CL60352A- 6.62 M- A 8 G 6670 CITY OF NEWPORT BEACH CITY ATTORNEY DEPARTMENT June 21, 1963 To: Purchasing Agent From: City Attorney Subject: Insurance coverage under Tosh Brothers contract We have approved and return the following certificates or memorandums of insurance: 1. Certificate of Insurance on St. Paul Fire and Marine Insurance Company Policy No. 104AZ9915. 2. Memorandum of Insurance on Aetna Insurance Company Policy No. 647118. 3. Memorandum of Insurance on Pennsylvania Insurance Company Policy No. S417719. Contract file C 666 is also being returned. Walter W. Charamza City Attorney By _!CI Tu y . Seymour THS:mec Assistant City A orney Encs. No.104AZ 99-IT', Certificate of Insurance n Old No�.�>4--- A�'a?� A CAPITAL STOCK COMPANY ST. PAUL FIRE AND MARINE INSURANCE COMPANY FOUNDED 1853 ST. PAUL, MINNESOTA PACIFIC DEPT., MILLS BLDG., SAN FRANCISCO 6, CALIF. @H' � �iZ'r 6' 11'A® 333 N. NEWPORT BLVD., NEWPORT BEACH, CALIF. Telephone Liberty 8-1185 L_ --e, -...._- -- .) - °- ------ - ---° - °--- Inception (MO. Day Yr.) • Expiration (Mo. Day Yr.) .I THE ST. PAUL. I N S U R A N C E C O M P A N I E S m\ `-■a \ se.+1ny you a.puoe me wp.re... --d me crock Insuredt's Name and Mailing Address J L Years J INSURANCE IS PROVIDED AGAINST ONLY THOSE PERILS AND FOR ONLY THOSE COVERAGES INDICATED BELOW BY A PREMIUM CHARGE AND AGAINST OTHER, PERILS AND FOR OTHER COVERAGES ONLY WHEN ENDORSED THEREON OR ADDED THERETO. —_� PREMIUM�r— ANNUALPAYMENT PERIL(S) Insured Against FOR COMPANY USE OfJLY AMOUNT RATE ' IF PAID IN FULL DUE UNDER DEF. I and Coverage(s) Provided (DO NOT USE THIS SPACE) AT INCEPTION PREM. PAY. PLAN (Insert Name of Each) $ $ �S �',�.'�: $ $ { ^ FIRE AND LIGHTNING 1 X x x x x x $ �i7 $ $ Y�yL EXTENDED COVERAGE I �} gg TOTALS) $ $ 34-4.4,1 $lam J TOTAL PREMIUM FOR POLICY ON INSTALLMENT BASIS Item Amount Fire or Fire Per Genf of Rafe if DESCRIPTION AND LOCATION OF PROPERTY COVERED No. and Extended Cpv- Co- Insurance not Shown Show construction, type of roof and occupancy of building(s) covered or erage, or Other Peril j Applicable ( Above containing the property covered. If occupied as a dwelling state number of families. 1 r.- I. -$ ..:..as La�,ia:ei :,Lr. ti . ar `.. �.vi 6•. r ., ,• r t � [p :. i Dated: //-3 i WALTER W. CHAR,AfMZA City A4-V s(TU. SEaR Subject to Form No(t�:.. �trs+s►{r3r JZ..'i ..- "(iG -) 4Aorldortlag . ause..Subject to tfW.;provj ;ion of.,thetsnortgage; clau;e,attached tp policy, loss,-if any, fn bgilcjing items, shall be payable to ,. t.....: —Subject � t4oL p� X. 7 e..- agerC.: Ste at _ d tg. _.... ,. ,-: a ,fn ....__i.:, Agency at Countersignature Date i gent .TAy & Kttvtk0 This Memorandum is for information only; it is not a contract of insurance but attests that a policy as numbered herein, and as it stands at the date of this certificate, has been issued by the Company. Said policy is subject to change by endorsement and to assignment and cancellation in accordance with its terms. THIS IS A COPY ONLY Form 15101C (Rev. 5 -62) STANDARD FOMMS BUREAU FORM 471 -NS (April 1962) RESTAURANT FORM !Including EARNINGS Item for risks other than manufacturing) PARAGRAPH NO. 1. Insurance attaches only to those items specifically described in this policy for which a specific amount is shown and, unless otherwise provided, all conditions of this form and the provisions of the policy to which it is attached shall apply sep- arately to each item covered. 2. DESCRIPTION OF COVERAGE: Item I. BUILDING COVERAGE: When the insurance under this policy covers a Building, such insurance shall cover on building or structure in its entirety, while occupied as a restaurant or cafe, and for any other purpose described on the first page of this policy, including all fixtures and machinery used for the service of the building itself, provided such fixtures and ma- chinery are contained in or attached to and constitute a part of the building; additions in contact therewith; also (a) awnings, signs, door and window shades and screens, storm doors and storm windows; (b) cleaning and fire fighting apparatus; (c) janitors' supplies, tools and implements; (d) materials and supplies intended for use in construction, alterations or repairs of the building. Provided, however, that property described in (a), (b), (c) and (d) immediately above must be, at the time of any loss, (1) the property of the named Insured who is the owner of the building; and (2) used for the maintenance or service of the building; and (3) contained in or attached to the building; and (4) not specifically covered under an item other than the "Building" item of this or any other policy. Item II. EQUIPMENT COVERAGE: When the insurance under this policy covers Equipment, such insurance shall cover on personal property of every description usual or incidental to the occupancy of the premises by the Insured as a restaurant or cafe (SUBJECT TO THE LIMITATION HEREINAFTER STATED WITH RESPECT TO ALCOHOLIC BEV- ERAGES), and, provided the described building is not owned by the named Insured, "IMPROVEMENTS AND BETTER- MENTS"; BUT EXCLUDING (1) BULLION AND MANUSCRIPTS, AND (2) PROPERTY COVERED UNDER THE BUILDING ITEM OF THIS OR ANY OTHER POLICY; all being the property of the named Insured, or sold but not removed; all only while contained in or attached to the described building. NOT MORE THAN TWENTY -FIVE PER CENT (25%) OF THE AMOUNT OF INSURANCE SPECIFIED FOR THIS ITEM II SHALL APPLY TO COVER ON ALCOHOLIC BEVERAGES OF ANY KIND, INCLUDING BEERS, WINES, AND LIQUORS. (THE TOTAL AMOUNT OF INSURANCE UNDER THIS ITEM I1, INCLUDING COVERAGE ON ALCOHOLIC BEVERAGES, SHALL IN NO EVENT EXCEED THE AMOUNT INSERTED IN THE SPACE PROVIDED FOR THIS ITEM II ON THE FIRST PAGE OF THIS POLICY.) Item III. EARNINGS COVERAGE: When the insurance under this policy covers Earnings, such insurance shall cover only as provided in and subject to the provisions of the "Earnings Insurance Form" (S. F. No. 570 -XNS) which must be added to this policy if insurance attaches under this item. THE PROVISIONS OF SUB - PARAGRAPHS NOS. I AND II OF PARA- GRAPH NO. 2 AND THE PROVISIONS OF PARAGRAPHS NOS. 3 TO 20 (INCLUSIVE) ARE NOT APPLI- CABLE TO THIS EARNINGS COVERAGE. 3. OFF - PREMISES COVERAGE (Applicable only when the eighty per cent (80%) or higher Coinsurance Clause [Average Clause] applies): The Insured may apply up to two per cent (21A) of the amount of insurance, BUT NOT EXCEEDING FIVE THOUSAND DOLLARS ($5,000.00), to cover the described property, OTHER THAN MERCHANDISE OR STOCK (RAW, IN PROCESS, OR FINISHED), while temporarily removed from the described premises for purposes of cleaning, repairing, recon- struction or restoration. NOT APPLY TO PROPERTY IN TRANSIT NOR TO PROVISIONS REFERRED TO IN AND MADE PART OF THIS FORM (No. 471 -NS April 1962) PAR NO. PH N11. CONSEQUENTIAL DAMAGE ASSUMPTION CLAUSE (To apply only if stock of merchandise, provisions or sup- plies in cold storage, which stock is subject to damage through change of temperature, is covered hereunder): THIS COM- PANY (SUBJECT TO THE TERMS OF THIS POLICY) SHALL BE LIABLE FOR CONSEQUENTIAL LOSS TO STOCK OR MERCHANDISE, PROVISIONS AND SUPPLIES IN COLD STORAGE COVERED HEREUNDER CAUSED BY CHANGE OF TEMPERATURE RESULTING FROM TOTAL OR PARTIAL DESTRUCTION BY ANY PERIL IN- SURED AGAINST IN THIS POLICY, OF REFRIGERATING OR COOLING APPARATUS, CONNECTIONS OR SUPPLY PIPES THEREOF, UNLESS SUCH LOSS IS SPECIFICALLY EXCLUDED AS TO ANY SUCH PERIL BY EXPRESS PROVISIONS OF ANY FORM, RIDER OR ENDORSEMENT ATTACHED TO THIS POLICY. THE TOTAL LIABILITY FOR LOSS CAUSED BY ANY PERIL INSURED AGAINST IN TIIIS POLICY AND BY SUCH CONSEQUENTIAL LOSS, EITHER SEPARATELY OR TOGETHER, SHALL IN NO CASE EXCEED THE TOTAL AMOUNT OF THIS POLICY IN EFFECT AT THE TIME OF LOSS. IF THERE IS OTHER INSURANCE UPON THE PROPERTY DAMAGED COVERING THE PERILS, OR ANY THEREOF, WHICH ARE INSURED AGAINST IN THIS POLICY, THUS COMPANY SHALL BE LIABLE ONLY FOR SUCH PROPORTION OF ANY CONSEQUENTIAL LOSS AS THE AMOUNT HEREBY INSURED BEARS TO THE WHOLE AMOUNT OF INSUR- ANCE THEREON WHETFIER SUCH OTHER INSURANCE COVERS AGAINST CONSEQUENTIAL LOSS OR NOT. 12. BREACH OF WARRANTY CLAUSE: If a breach of any warranty or condition contained in any rider attached to or made a part of this policy shall occur, which breach by the terms of such warranty or condition shall operate to suspend or avoid this insurance, it is agreed that such suspension or avoidance due to such breach, shall be effective only during the continuance of such breach and then only as to the building, fire division, contents therein, or other separate location to which such warranty or condition has reference and in respect of which such breach occurs. 13. SUBROGATION WAIVER CLAUSE: This insurance shall not be prejudiced by agreement made by the named Insured releasing or waiving the named Insured's right of recovery against third parties responsible for the loss, under the following circum- stances only: (A) If made before loss has occurred, such agreement may run in favor of any third party; (B) IF MADE AFTER LOSS HAS OCCURRED, SUCH AGREEMENT MAY RUN ONLY IN FAVOR OF A THIRD PARTY FALLING WITHIN ONE OF THE FOLLOWING CATEGORIES AT THE TIME OF LOSS: (1) A THIRD PARTY INSURED UNDER THIS POLICY; OR (2) A CORPORATION, FIRM, OR ENTITY (a) OWNED OR CONTROLLED BY THE NAMED INSURED OR IN WHICH THE NAMED INSURED OWNS CAPITAL STOCK OR OTHER PROPRIETARY IN- TF:REST. OR (b) OWNING OR CONTROLLING THE NAMED INSURED OR OWNING OR CONTROI: LING CAPITAL, STOCK OR OTHER PROPRIETARY INTEREST IN THE NAMED INSURED; (C) AAIIETHER MADE BEFORE OR AFTER LOSS HAS OCCURRED. SUCH AGREE —MENT MUST RELEASE STANDARD FOMMS BUREAU FORM 471 -NS (April 1962) RESTAURANT FORM (Including EARNINGS Item for risks other than manufacturing) PARAGRAPH NO. 1. Insurance attaches only to those items specifically described in this policy for which a specific amount is shown and, unless otherwise provided, all conditions of this form and the provisions of the policy to which it is attached shall apply sep- arately to each item covered. 2. DESCRIPTION OF COVERAGE: Item I. BUILDING COVERAGE: When the insurance under this policy covers a Building, such insurance shall cover on building or structure in its entirety, while occupied as a restaurant or cafe, and for any other purpose described on the first page of this policy, including all fixtures and machinery used for the service of the building itself, provided such fixtures and ma- chinery are contained in or attached to and constitute a part of the building; additions in contact therewith; also (a) awnings, signs, door and window shades and screens, storm doors and storm windows; (b) cleaning and fire fighting apparatus; (c) janitors' supplies, tools and implements; (d) materials and supplies intended for use in construction, alterations or repairs of the building. Provided, however, that property described in (a), (b), (c) and (d) immediately above must be, at the time of any loss, (1) the property of the named Insured who is the owner of the building; and (2) used for the maintenance or service of the building; and (3) contained in or attached to the building; and (4) not specifically covered under an item other than the "Building" item of this or any other policy. Item II. EQUIPMENT COVERAGE: When the insurance under this policy covers Equipment, such insurance shall cover on personal property of every description usual or incidental to the occupancy of the premises by the Insured as a restaurant or cafe (SUBJECT TO THE LIMITATION HEREINAFTER STATED WITH RESPECT TO ALCOHOLIC BEV- ERAGES), and, provided the described building is not owned by the named Insured, "IMPROVEMENTS AND BETTER- MENTS"; BUT EXCLUDING (1) BULLION AND MANUSCRIPTS, AND (2) PROPERTY COVERED UNDER THE BUILDING ITEM OF THIS OR ANY OTHER POLICY; all being the property of the named Insured, or sold but not removed; all only while contained in or attached to the described building. NOT MORE THAN TWENTY -FIVE PER CENT (25 %) OF THE AMOUNT OF INSURANCE SPECIFIED FOR THIS ITEM 11 SHALL APPLY TO COVER ON ALCOHOLIC BEVERAGES OF ANY KIND, INCLUDING BEERS, WINES, AND LIQUORS. (THE TOTAL AMOUNT OF INSURANCE UNDER THIS ITEM II, INCLUDING COVERAGE ON ALCOHOLIC BEVERAGES. SHALL IN NO EVENT EXCEED THE AMOUNT INSERTED IN THE SPACE PROVIDED FOR THIS ITEM II ON THE FIRST PAGE OF THIS POLICY.) Item I11. EARNINGS COVERAGE: When the insurance under this policy covers Earnings, such insurance shall cover only as provided in and subject to the provisions of the "Earnings Insurance Form" (S. F. No. 570 -XNS) which must be added to this policy if insurance attaches under this item. THE PROVISIONS OF SUB - PARAGRAPHS NOS. I AND If OF PARA- GRAPH NO. 2 AND THE PROVISIONS OF PARAGRAPHS NOS. 3 TO 20 (INCLUSIVE) ARE NOT APPLI- CABLE TO THIS EARNINGS COVERAGE. 3. OFF - PREMISES COVERAGE (Applicable only when the eighty per cent (807c) or higher Coinsurance Clause [Average Clause] applies): The Insured may apply up to two per cent (2°) of the amount of insurance, BUT NOT EXCEEDING FIVE THOUSAND DOLLARS ($5,000.00), to cover the described property, OTHER THAN MERCHANDISE OR STOCK (RAW, IN PROCESS, OR FINISHED), while temporarily removed from the described premises for purposes of cleaning, repairing, recon- struction or restoration. THIS EXTENSION OF COVERAGE SHALL: (a) NOT APPLY TO PROPERTY IN TRANSIT NOR TO PROPERTY ON ANY PREMISES OWNED, LEASED, OPERATED OR CONTROLLED BY THE INSURED; (b) NOT APPLY EXCEPT AS EXCESS OVER THE AMOUNT DUE FROM ANY OTHER INSURANCE COVERING THE PROPERTY, WHETHER COLLECTIBLE OR NOT; AND (c) IN NO 1WISE INURE DIRECTLY OR INDI- RECTLY TO THE BENEFIT OF ANY CARRIER OR OTHER BAILEE. IF THE INSURED ELECTS TO APPLY THIS OPTIONAL EXTENSION OF COVERAGE, THIS COMPANY SHALL NOT BE LIABLE FOR A GREATER PROPORTION OF ANY LOSS THAN WOULD HAVE BEEN THE CASE IF ALL FIRE INSURANCE POLICIES COVERING THE DESCRIBED PROPERTY HAD CONTAINED AN IDENTICAL OPTIONAL EXTENSION OF COVERAGE AND THE SAME ELECTION WERE MADE UNDER ALL SUCH POLICIES. 4. EXTENSION CLAUSE: Personal property of the kind and nature covered under any item hereof shall be covered under the respective item (a) while in, on, or under sidewalks, streets, platforms, alleyways or open spaces, provided such property (1) is located within fifty (50) feet of the described "Building," or (2) in the case of materials and supplies intended for use in construction, altera- tions or repairs of the described "Building," is located within one hundred (100) feet of said "Building "; and (b) while in or on cars and vehicles within three hundred (3(10) feet of the described "Building "; and (c) while in or on barges and scows or other vessels within one hundred (IW) feet of the described premises. PROVIDED THAT PROPERTY COVERED BY MARINE, INLAND MARINE OR TRANSPORTATION INSURANCE OF ANY KIND, SHALL NOT BE COVERED UNDER THIS EXTENSION CLAUSE. 5. TRUST AND COMMISSION CLAUSE: To the extent that the named Insured shall be liable by law for loss thereto or shall prior to loss have specifically assumed liability therefor, any item of this policy covering on personal property shall also cover property of the kind and nature described in such item, at the location(s) herein indicated, held in trust, or on consignment or com- mission, or on joint account with others, or left for storage or repairs. 6. EXCLUSION CLAUSE: IN ADDITION TO PROPERTY EXPRESSLY EXCLUDED FROM COVERAGE BY ANY PROVISION OF THIS FORM OR OTHER ENDORSEMENT ATTACHED TO THIS POLICY, THE FOLLOW- ING ARE NOT COVERED UNDER ANY ITEM OF.THIS POLICY AND ARE TO BE EXCLUDED IN THE APPLI- CATION OF ANY "AVERAGE CLAUSE" OR "DISTRIBUTION CLAUSE": LAND VALUES; GARDENS; TREES; LAWNS; PLANTS; SHRUBBERY; ACCOUNTS; BILLS; CURRENCY; DEEDS; EVIDENCES OF DEBT; MONEY; SECURITIES; AIRCRAFT; BOATS; MOTOR VEHICLES LICENSED FOR USE ON' PUBLIC THOROUGHFARES. 7. AVERAGE CLAUSE (THIS CLAUSE VOID UNLESS PERCENTAGE IS INSERTED ON THE FIRST PAGE OF THIS POLICY) (The term "Co- Insurance Clause" wherever used in this policy shall be deemed to mean "Average Clause "): IN EVENT OF LOSS TO PROPERTY DESCRIBED IN ANY ITEM OF THIS POLICY AS TO \WHICH ITEM A PERCENTAGE FIGURE IS INSERTED ON THE FIRST PAGE OF THIS POLICY, THIS COMPANY SHALL BE LIABLE FOR NO GREATER PROPORTION OF SUCH LOSS THAN THE AMOUNT OF INSURANCE SPECIFIED IN SUCH ITEM BEARS TO THE PERCENTAGE, SPECIFIED ON THE FIRST PAGE OF THIS POLICY, OF THE ACTUAL CASH VALUE OF THE PROPERTY DESCRIBED IN SUCH ITEM AT THE TIME OF LOSS, NOR FOR MORE THAN THE PROPORTION WHICH THE AMOUNT OF INSURANCE SPECIFIED IN SUCH ITEM BEARS TO THE TOTAL INSURANCE ON THE PROPERTY DESCRIBED IN SUCH ITEM AT THE TIME OF LOSS. 8. WAIVER OF INVENTORY AND APPRAISEMENT CLAUSE: If any item of this policy is subject to the conditions of the Average Clause (Paragraph 7 hereof), it is also provided that when an aggregate claim for any loss to the property described in any such item of this policy is both less than Five Thousand Dollars ($5,000.00) and less than two per cent (2 %) of the total amount of insurance upon the property described in such item at the time such loss occurs, it shall not be necessary for the Insured to make a special inventory or appraisement of the undamaged property, BUT NOTHING HEREIN CONTAINED SHALL OPERATE TO WAIVE THE APPLICATION OF THE AVERAGE CLAUSE TO ANY SUCH LOSS. 9. EXCESS INSURANCE LIMITATION CLAUSE: NO ITEM OF THIS POLICY SHALL ATTACH TO OR BE- COME INSURANCE UPON ANY PROPERTY, INCLUDED WITHIN THE DESCRIPTION OF SUCH ITEM, WHICH AT THE TIME OF ANY LOSS (a) IS MORE SPECIFICALLY DESCRIBED AND COVERED UNDER ANOTHER ITEM OF THIS POLICY, OR UNDER ANY OTHER POLICY CARRIED BY OR IN THE NAME OF THE INSURED NAMED HEREIN, OR (b) BEING THE PROPERTY OF OTHERS IS COVERED BY INSURANCE CARRIED BY OR IN THE NAME OF OTHERS THAN THE INSURED NAMED HEREIN, UNTIL THE LIABILITY OF INSURANCE DESCRIBED UNDER (a) OR (b) HAS FIRST BEEN EXHAUSTED, AND SHALL THEN COVER ONLY THE EXCESS OF VALUE OF SUCH PROPERTY OVER AND ABOVE THE AMOUNT PAYABLE UNDER SUCH OTHER INSURANCE (WHETHER COLLECTIBLE OR NOT). THIS CLAUSE SHALL NOT BE APPLICABLE TO PROPERTY OF OTHERS FOR THE LOSS OF WHICH THE INSURED NAMED HEREIN IS LIABLE BY LAW OR HAS PRIOR TO ANY LOSS SPECIFICALLY ASSUMED LIABILITY. 10. IMPROVEMENTS AND BETTERMENTS CLAUSE: "IMPROVEMENTS AND BETTERMENTS" (subject to the provisions of the paragraph hereof entitled "EQUIPMENT COVERAGE ") are covered as property of the named Insured under the "EQUIPMENT" item of this policy. I. The term "Improvements and Betterments" wherever used in this policy is defined as fixtures, alterations, installations, or additions comprising a part of the described buiding and made or acquired at the expense of the Insured exclusive of rent paid by the Insured, but which are not legally subject to removal by the Insured. 11. The word "Lease" wherever used in this policy shall mean the lease or rental agreement, whether written or oral, in effect as of the time of loss. I1I. In the event Improvements and Betterments are damaged or destroyed during the term of this policy by the perils insured against, THE LIABILITY OF THIS COMPANY SHALL BE DETERMINED AS FOLLOWS: (a) If repaired or replaced at the expense of the Insured within a reasonable time after such loss, the actual cash value of the damaged or destroyed Improvements and Betterments. (b) IF NOT REPAIRED OR REPLACED WITHIN A REASONABLE TIME AFTER SUCH LOSS, THAT PROPORTION OF THE ORIGINAL COST AT TIME OF INSTALLATION OF THE DAMAGED OR DESTROYED IMPROVEMENTS AND BETTERMENTS WHICH THE UNEXPIRED TERM OF THE LEASE AT THE TIME OF LOSS BEARS TO THE PERIOD(S) FROM THE DATF.(S) SUCH IM- PROVEMENTS AND BETTERMENTS WERE MADE TO THE EXPIRATION DATE OF THE LEASE. (c) THERE REPAIRED HALL BE NO LIABILITY HEREUNDER OR OF OTHERS FOR THE USE OF THE INSURED, 471 -NS RcG. LL: oA•. on. April 1962 THE PROVISIONS PRINTED ON THE BACK OF THIS FORM ARE HEREBY REFERRED TO AND MADE A PART HEREOF. PROVISIONS REFERRED TO IN AND MADE PART OF THIS FORM (No. 471 -NS April 1962) nr.nwcn..vN NO. 11. CONSEQUENTIAL DAMAGE ASSUMPTION to damage CLAUSE an apply only if stock of merchandise, hereunder): erOVrT THIS or a - pliea in cold storage, which stock ie subject to damage through change of temperature, O covered hereunder): THIS S TO PANY (SUBJECT TO THE TERMS OF THI$ POLICY) SHALL BE LIABLE FOR CONSEQUENTIAL LOSS TO STOCK OR MERCHANDISE, PROVISIONS AND SUPYI,IES LN COLD STORAGE COVERED HEREUNDER CAUSED UCTION BY ANY PERIL IN- SUREDA AGAO ST INP THIS POL CY,UOFI REFRIGERATING OR COOLTNGDAPPARAS T CONNECTIONS OR BY EXPRESS PROV SRO�S OF ANY FORM, R1UER OR ENDORSEMENTS TTACHED TO THIS POLICY. FERIL THE TOTAL LIABILITY FOR LOSS CAUSED BY ANY PERIL INSURED AGAINST IN THIS POLICY AND CASE EXCEED THE L IN TOTAL AMOUNTQOF T I SLOT ICY INHEFFECT AT THE TIME OF LOSS IF THERE NO INSURANCE AG� ST INPRO THIS POLICY THI$DCOMPANY SH -ALL BE LIABLE O LY Y'OR SLC it PROPORTIONI OF ANY WHICH ARE CON THEREON l NETHER SUCH OTHER NSLIRANCE COVERS AGAINST CONSEQU CONSEQUENTIAL LOSS OR NOT, ANC any warranty or condition contained in 12, BREACH OF WARRANTY CLAUSE: If a breach of any rider attached avoid d made a Part of this Policy shall occur, which breach by the terms of such warranty or condition shall operate to suspend or avoid this such breachcand then only also to the buildng,�fi fire divison,cc contents therein, or shall be separate effective ocation only during which tsuch continuance arranty or condition has reference and in respect of which such breach occurs. 13. SUBROGATION WAIVER CLAUSE: This insurance shall not be prejudiced by agreement made by the named Insured releasing or waiving the named Insured's right of recovery against third parties responsible for the loss, under the following circum- stances only: (A) If made before loss has occurred, such agreement may run in favor of any third party; PARTY FALLING WITHIN ONE OF THE OCCURRED, A SUCH AGREEMENT WING CATEGORIES AT THE TIME LOF LOSS OF A THIRD : (1) A THIRD PARTY INSURED UNDER THIS POLICY; OR (2) AOR IN WH CH THE FIRM NAIv1ED INSUREDaOWNS CAPITALOSTOCKLOR OTHER EPROPRIETARY R N- TEREST, OR (b} OWNING OR CONTROLLING THE NAMED INSURED OR OWNING OR CONTROL- LING CAPITAL STOCK OR OTHER PROPRIETARY INTEREST IN THE NAMED IN (C) WHETHER MADE BEFORE OR AFTER LOSS HAS OCCURRED, SUCH AGREEMENT MUST RELEASE OR WAIVE THE ENTIRE RIGHT OF RECOVERY OF THE NAMED INSURED AGAINST SUCH THIRD PARTY, 14, LOSS CLAUSE: Any loss hereunder shall not reduce the amount of this policy. 15. DEBRIS REMOVAL CLAUSE: 1. This insurance covers expenses incurred in the removal of all debris of the property covered hereunder TOIL occasioned by Joss caused FOR BOTH of the insured AL HOWEVER, THE DEBRIS APPLYING UNDER THIS POLICY TO THE PROPF DAMAGED OR DESTROYED. THIS COMPANYUSHALL NOT BE LIABLE FOR MORE THAN THE PRO ORTION OF SUCH DEBRIS REMOVAL EXPENSE AS THE AMOUNT OF INSURANCE UNDER THIS POLICY BEARS OR NOT TO THE TOTAL AMOUNT OF INSURANCE ALL SUCH INSURANCE INCLUDES THIS ON CLAUSE. PROPERTY 2 UNLESS CLOIABIL RED I HEREUNDER ISOTHER �+! SEESPECIFICALLLY ASSUMED BY ENDORSEMENT ATTACHED HERETO, THIS COMPANY SHALL NOT BE LIABLE FOR DEBRIS REMOVAL EXPENSE OCCASIONED BY THE ENFORCEMENT OF ANY STATE OR MUNICIPAL LAW OR OF ANY HEREUNDER WHICH HAS ORIHAS NOT SUFFEREDLDAT, AGE Y ANY 0O TTHE PERILS IN AGAINSTD. ORDINANCE vN7flJCH 3. Debris removal expense shall not be considered in the determination of actual cash value in the application of any Coinsurance, Average, Distribution, or Reduced Rate Contribution Clause attached to this policy. 16. PERMITS AND AGREEMENTS CLAUSE: Permission granted: (a.) For such use of the premises as is usual and inci- dental to the business conducted therein and for existing and increased hazards and for change in use or occupancy except as to any specific hazard, use, or occupancy Prohibited by the express terms of this policy or by any endorsement thereto; (b) To keep and use all articles and materials, usual and incidental to said business, in such quantities as the exigencies of the business require; (c) For the described building(s) to be in course of construction, oerlton tornin or such additions without i conitacttwith the de scribed ubuilding(s)5 thereto, and this policy, under its respective item(s), (d) For the described building(s) to be vacant or unoccupied without limit of time. Nothing herein contained shaft be) the to abrogate or modify any Provision or warranty of this policy requiring (1) the maintenance of watchman service; (2) the main- . tenance of all fire extinguishing appliances and apparatus including sprinkler system, and water supply therefor, and fire detecting systems, in complete working order; nor to extend the term of this policy. This insurance shall not be Prejudiced: (1) By any act or neglect of the owner of the building(s) if the Insured is not the owner therof, Owner or ocy act is nglect i, the control osfthee named Insured; (other d`{unamed tha Insured), ed Insuredu tlo comply with any warranty or condition contained in any form, rider or endorsement attached to this policy with regard to any portion of the Premises over which the named Insured has no control; nor $( 3) shall this insurance be prejudiced by any error in stating the name, number, street or location of any building(s) covered hereunder. $NOTE: —When contents are covered "Blanket" under one item with building(s), section (3) immediately above shall be changed to read as follows: nor (3) shall this insurance be prejudiced by any error in stating the name, number, street or location of any buifding(s) and contents covered hereunder. 17. ELECTRICAL APPARATUS CLAUSE: THIS COMPANY SHALL NOT BE LIABLE, FOR ANY LOSS RE- SULTING FROM ANY ELECTRICAL INJURY OR DISTURBANCE TO ELECTRICAL APPLIANCES, DEVICES, CURRENTS ENSULES AND. IF I FIRE DOES FENSUE, THIS RCOMPANY SHALL BE LIABLE �ONLY FOR 1TS PROPORTION FIXTRES OR WRING OF LOSS CAUSED BY SUCH ENSUING FIRE. E I8. MORTGAGEE CLAUSE: (THIS ENTIRE CLAUS IS VOID UNLESS NAME MORTGAGEE OR TRUSTEE IS INSERTED ON THE FIRST PAGE OF THIS POLICY IN SPACE PROVIDED THEREFOR): if another mortgagee or lose payable endorsement applicable to buildings is separately attached to this policy, such other endorsement shall supersede _ the provision, of this clause. Loss (i,I any) under this Policy, ON BUILDINGS ONLY. shall be payable to the mortgagee(s), �f named as payee(s) on the first page of this policy, aandri nog dersof precedence ofssaid mortgages. (a)aThe terms 1e "mortgage", Property Fort- in and covered by this Policy, as interest may appear, gages" and "mortgagor" wherever used in this clause shall be deemed to include deeds of trust and the respective Parties thereto. (b) Thiwherever insurance. as to the interest of the mortgagee only therein, shall not be invalidated by any act or neglect of the mortgagor or owner of the described property, nor by the use of the premises for Purposes more hazardous than are permitted by this Policy. (c) Any mortgagee who shall have or acquire knowledge that the Premises are being used for purposes more hazardous than are permitted by this policy or that the premises have been vacant or unoccupied beyond the period permitted by this policy, do Sall rights of such mordtgagne hereunder shall forthwith thte Company nate. (d)t In,case the mortgagor or owner vner shall fail tonpay allyliPremmm due or to become due under this demand the mortgagee for hereby increased shazard forsthe term of the existence thereof. (e)r This Com- covenants and agrees to pay premium pany shall not be liable to the mortgagee for a greater proportion of any loss than the amount hereby insured shall bear to the whole insurance covering the Property against the Peril involved, under Policies issued to, held on or payable to the mortgagee, whether collectible or not. (f) The Policy provisions relating to "Mortgagee Interests and Obligations" are specifically referred to and made a Part of this clause. 19. LIBERALIZATION CLAUSE: If during the Period that insurance is in force under this policy, or within forty -five (45) days prior to the inception date thereof, on behalf of this Company there be adopted, or filed with and approved or accepted by the insurance supervisory authorities, all in conformity with law, any changes in the form attached to this Policy by which this form of insurance could he extended or broadened without increased premium charge by endorsement or substitution oS form, then such extended or broadened insurance shall inure to the benefit of the Insured hereunder as though such endorsement or substitution of form had been made. 20. NUCLEAR CLAUSE: THE WORD "FIRE" IN THIS POLICY OR ENDORSEMENTS ATTACHED HERETO IS NOT INTENDED TO AND DOES NOT EMBRACE NUCLEAR REACTION OR NUCLEAR RADIATION OR RADIOACTIVE CONTAMINATION. ALL WHETHER CONTROLLED OR UNCONTROLLED, AND LOSS BY NU- CLEAND LS TIT INSURED AGAINST BY THIS OL CYI OR SAID ERDOR5EA ENT5. �SHETHER SUCH INTENDED S BE DIRECT OR INDIRECT, PROXIMATE OR REMOTE, OR BE IN WHOLE OR IN PART CAUSED By, ICY TRIBUTED TO, OR AGGRAVATED BY "FIRE" OR ANY OTHER PERILS INSURED AGAINST RY TH15 POLICY OR SAID ENDORSEMENTS, HOWEVER, SUBJECT TO THE FOREGOING AND ALL PROVISIONS OF THIS POLICY, rDIRECT ON IS LOSS TAMINATION ENSURED AGAINST NST NUCLEAR BY THIS POLICY. N OR NUCLEAR RADIATION OR C STANDARD FORMS BU$EAU FORM 202 -NS (April 1962) ,EXTENDED COVERAGE ENDORSEMENT (PERILS OF WINDSTORM AND HAIL, EXPLOSION, RIOT, RIOT ATTENDING A STRIKE, CIVIL COMMOTION, AIRCRAFT, VEHICLES AND SMOKE) FOR USE ON ALL RISKS OTHETHAN DWELLING AND FARM PROPERTIES In is attached$1iinclud g endorsements'thereon_,coverage, THIS POIICYI to the herein INSUREt the policy 'DIRECT endorsement BY WINDSTORM, HAIL, EXPLOSION, RIOT, RIOT ATTENDING A STRIKE, CIVIT, COMMOTION, AIRCRAFT, VEHICLES, AND SMOKE, EXCEPT AS HEREINAFTER PROVIDED, PROVISIONS APPLICABLE ONLY TO WINDSTORM AND HAIL: THIS COMPANY SHALL NOT BE LIABLE FOR LOSS CAUSED DIRECTLY OR INDIRECTLY BY FROST OR COLD WEATHER, OR ICE (OTHER THAN HAIL), SNOW OR SLEET, WHETHER DRIVEN BY WIND OR NOT. THIS COMPANY SHALL NOT BE LIABLE FOR LOSS TO THE INTERIOR OF THE BUILDINGS OR THE PROPERTY COVERED THEREIN CAUSED: (a) BY RAIN, SNO \V, SAND OR DUST, \\'HETHF,R DRIVEN BY WIND OR NOT, UNLESS THE BUILDING(S) COVERED OR CONTAINING THE PROPERTY COVERED SHALL FIRST SUSTAIN AN ACTUAL DAMAGE, TO ROOF OR WALLS BY THE DIRECT ACTION OF WIND OR HAII, AND THEN SHALL BE LIABLE FOR LOSS TO THE INTERIOR OF THE BUILDING(S) OR THE PROPERTY COVERED THEREIN AS MAY BE CAUSED BY RAIN, SNOW, SAND OR DUST ENTERING THE BUILDINGS THROUGH OPENINGS IN THE ROOF OR WALLS MADE BY DIRECT ACTION OF WIND OR HATL; OR (b) BY WATER FROM SPRINKLER EQUIPMF,NT OR FROM OTHER PIPING, UNLESS SUCH EQUIPMENT OR PIPING BE DAMAGED AS A DIRECT RESULT OF WIND OR HAIL. UNLESS AN ADDITIONAI, PREMIUM IS CHARGED AND THIS POLICY IS SPECIFICALLY ENDORSED TO PROVIDE FOR COVERAGE OF WINDSTORM AND BAIL DAMAGE, THIS COMPANY SHALL NOT BE LIABLE FOR WINDSTORM OR HAIL DAMAGE TO: (a) GRAIN, FTAY. STRAW OR OTHER CROPS OUTSIDE CONTENTS)- ' OR OR (b) "'INI)PUMPS OR WHEN OUTSIDER OP OBUILDINGOS, CLOOTH ( AWNING SIGNS, RADIO OR TELEVISION ANTENNAS INCLUDING THEIR LEAD -IN \VIRING, MASTS OR TOWERS; OR (e) LAWNS, TREES, SHRUBS OR PLANTS. PROVISIONS APPLICABLE ONLY TO EXPLOSION: LOSS SY EXPLOSION SHALL INCLUDE DIRECT LOSS RESULTING FROM THE EXPLOSION OF ACCT'\IULATED GASES OR UNCONSUMED FUEL WITHIN THE FIREBOX (OR COMBUSTION CHAMBER) OF ANY FIRED VESSEL OR WITHIN THE FLUFS OR PASSAGES WHICH CONDUCT THE GASES OF COMBUSTION THEREFROM. THIS COMPANY SHALL NOT BE LIABLE FOR LOSS BY EXPLOSION OF STEAM BOILERS, STEAM PIPES, STEAM TURBINES OR STEAM ENGINES, IF OWNED BY, LEASED BY OR OPERATED UNDER THE CON- TROL OF THE INSURED. THE FOLLOWING ARE NOT EXPLOSIONS WITHIN THE INTENT OR MEANING OF THESE PROVISIONS: (a) SHOCK WAVES CAUSED BY AIRCRAFT, GENERALLY KNOWN AS "SONIC BOOM," (b) ELECTRIC ARCING, (c) RUPTURE OR BURSTING OF ROTATING OR MOVING PARTS OF MACHINERY CAUSED BY - TRIFUGAL FORCE OR MECHANICAL BREAKDOWN, CEN (d) WATER HAMMER, (e) RUPTURE OR BURSTING OF WATER PIPES, (I) RUPTURE OR BURSTING DUE TO EXPA -SIGN OR SWELLING OF TFIE CONTESTS OF ANY BUILD- ING OR STRUCTURE, CAUSED BY OR RESULTING FROM WATER, (g) RUPTURE, BURSTING OR OPERATION OF PRESSURE RELIEF DEVICES. ANY OTHER EXPLOSION CLAUSE MADE A PART OF THIS POLICY IS SUPERSEDED BY THIS ENDORSE- MENT. PROVI B IONS APPLICABLE ONLY TO Y RIOT, RIOT ATTENDING A STRIKE OR CIVTOT OF STRIKING EMPLOYEES OF THE OWNER OR I OCCUPIED BY SAID STRIKING EMPLOYEES AND SF. LOOTING OCCURRING DURING AND AT muv E FOR LOSS TO CHANGE I: SUCH LOSS IS tOVISIONS APT IN THT.R RMn AIRCRA: BE LIAB OF THE TREES, OTHER 2ESULTING FROM DAMAGE OR HUTfI �OVERED BY TEMPERATURE POLICY, LICABLE ONLY TO LOSS BY IRSEMENT, MEANS VEHICLE OR BY VEHICLES SHALI. IN OF AN AIRCRAFT OR A VEI S DICONTAINING THE PR RECT LOSS BY OBJFCT PREMTSFS;Y(b) BYIANYAV PLANTS; (c) TO ANY AIR :S OF AIRCRAFT OR VEHIC 3 A STRIKE AND CIVIL COMMOTION: LOSS i SHALL INCLUDE DIRECT LOSS BY ACTS OF THE DESCRIBED BUILDING(S) WHILE NCLUDF DIRECT LOSS FRONT PILLAGE AND iER ON,R HISRCOMPA COMPANY _k NOTIBE, RUCTION OF THE DESCRIBED PROPERTY ' RUPTION OF OPERATIONS WHETHER OR S TO OTHER PERILS. AIRCRAFT AND VEHICLES: THE TERM "VEHICLES," AS 3 RUNNING ON LAND OR TRACKS BUT NOT AIRCRAFT. "LUDE ONLY DIRECT LOSS RESULTING FROM ACTUAL TCLE WITH THE PROPERTY COVERED HEREUNDER OR 'ERTY COVERED HEREUNDER, EXCEPT THAT LOSS BY i PAT ,IING THEREFROM. THIS COMPANY SHALT, NOT ED OR OPERATED BY AN INSURED OR BY ANY TENANT CHICLE TO FENCES, DRIVEWAYS, AVALKS OR LAWNS. 'RAFT OR VEHICLE INCLUDING CONTENTS THE PROVISIONS PRINTED ON THE BACK OF THIS ENDORSEMENT ARE HEREBY REFERRED UFACTUR TO AND MADE A PART HEREOF. CAUTION: WHEN THIS ENDORSEMENT IS ATTACHED TO ONE FIRE POLICY, THE INSURED SHOULD SECURE LIKE COVERAGE ON ALL FIRE POLICIES COVERING THE SAME PROPERTY. n�pr Ho n 202 -NS April 1962 'ISIONS REFERRED TO IN AND MADE PART OF THIS FORM (No. 202 -NS April 1962) PROVISIONS APPLICABLE ONLY TO SMOKE: THE TERM "SMOKE" AS USED IN THIS ENDORSEMENT MEANS ONLY SMOKE DUE TO A SUDDEN, UNUSUAL AND FAULTY OPERATION OF ANY HEATING OR COOKING UNIT, ONLY WHEN SUCH UNIT IS CONNECTED TO A CHIMNEY BY A SMOKE PIPE OR VENT PIPE, AND WHILE IN OR ON THE DESCRIBED PREMISES BUT NOT SMOKE FROM FIREPLACES OR IN- DUSTRIAL APPARATUS. NUCLEAR EXCLUSION: LOSS BY NUCLEAR REACTION OR NUCLEAR RADIATION OR RADIOACTIVE CON- TAMINATION, ALL WHETHER CONTROLLED OR UNCONTROLLED, OR DUE TO ANY ACT OR CONDITION INCIDENT TO ANY OF THE FOREGOING, IS NOT INSURED AGAINST BY THIS EXTENDED COVERAGE ENDORSEMFNT. WHETHER SUCH LOSS BE DIRECT OR INDIRECT, PROXIMATE OR REMOTE, OR BE IN WHOLE OR IN PART CAUSED BY, CONTRIBUTED TO, OR AGGRAVATED BY WINDSTORM, HAIL, EXPLO- SION. RIOT, RIOT ATTENDING A STRIKE. CIVIL COMMOTION, AIRCRAFT, VEHICLES OR SMOKE; AND NU- CLEAR REACTION OR NUCLEAR RADIATION OR RADIOACTIVE CONTAMINATION, ALL WHETHER CON- TROLLED OR UNCONTROLLED, IS NOT "EXPLOSION" OR "SMOKE" WAR RISK EXCLUSION: THIS COMPANY SHALL NOT BE LIABLE FOR LOSS CAUSED DIRECTLY OR INDIRECTLY BY (a) HOSTILE OR WARLIKE ACTION IN TIME OF PEACE OR WAR, INCLUDING ACTION IN HINDERING, COMBATING OR DEFENDING AGAINST AN ACTUAL, IMPENDING OR EXPECTED ATTACK, (1) BY ANY GOVERNMENT OR SOVEREIGN POWER (DE TURF OR DE FACTO), OR BY ANY AUTHORITY MAINTAINING OR USING - MILITARY, NAVAL OR AIR FORCES; OR (2) BY MILITARY, NAVAL OR AIR FORCES: OR (3) BY AN AGIiNT OF ANY SUCH GOVERNMENT, POWER, AUTHORITY OR FORCES, IT BEING UNDERSTOOD THAT ANY DISCHARGE. EXPLOSION OR USE OF ANY WEAPON OF WAR EMPLOYING NU- CLEAR FISSION OR FUSION SHALL BE CONCLUSIVELY PRESU -MED TO BE SUCH A HOSTILE OR WAR- LIKE ACTION BY SUCH GOVERNMENT, POWER, AUTHORITY OR FORCES; (b) INSURRECTION, REBEL- LION, REVOLUTION. CIVIL WAR, USURPF,D POWER, OR ACTION TAKEN BY GOVERNMENTAL AUTHORITY IN HINDERING, COMBATING OR DEFENDING AGAINST SUCH AN OCCURRENCE. WATER EXCLUSION: THIS COMPANY SHALL NOT BE LIABLE FOR LOSS CAUSED BY, RESULTING FROM, CONTRIBUTED TO OR AGGRAVATED BY ANY OF THE FOLLOWING — (a) FLOOD, SURFACE WATER, WAVES, TIDAL WATER OR TIDAL WAVE, OVERFLOW OF STREAMS OR OTHER BODIES OF WATER, OR SPRAY FROM ANY OF THE FOREGOING, ALL WHETHER DRIVEN BY WIND OR NOT; I (b) 'WATER WHICH BACKS UP THROUGH SEWERS OR DRAINS; (c) WATER BELOW THE SURFACE OF THE GROUND INCLUDING THAT WHICH EXERTS PRESSURE ON OR FLOWS. SEEPS OR LEAKS THROUGH SIDEWALKS, DRIVEWAYS, FOUNDATIONS, WALLS, BASEMENT OR OTHER FLOORS, OR THROUGH DOORS, WliQDOWS OR ANY OTHER OPENINGS IN SUCH SIDEWALKS, DRIVEWAYS, FOUNDATIONS. WALLS OR FLOORS; UNLESS LOSS BY EXPLOSION AS INSURED AGAINST HEREUNDER ENSUES, AND THEN THIS COMPANY SHALL BE LIABLE FOR ONLY SUCH ENSUING LOSS. OTHER PROVISIONS: A claim for Jos.; by any peril insured against by this endorsement shall not be barred because of change of occupancy, nor because of vacancy or unoccupancy. THIS ENDORSEMENT DOES NOT INCREASE THE AMOUNT(S) OF INSURANCE PROVIDED IN THIS POLICY. If this policy covers on two or more items, the provisions of this endorsement shall apply to each item separately. APPORTIONMENT: THIS COMPANY SHALL NOT BE LIABLE FOR A GREATER PROPORTION OF ANY LOSS LESS THE AMOUNT OF DEDUCTIBLE, IF ANY, FROM ANY PERIL OR PERILS INCLUDED IN THIS ENDORSEMENT THAN (1) THE AMOUNT OF INSURANCE UNDER THIS POLICY BEARS TO THE WHOLE AMOUNT OF FIRE INSURANCE COVERING THE PROPERTY, OR WHICH WOULD HAVE COVERED THE PROPERTY EXCEPT FOR THE EXISTENCE OF THIS INSURANCE, WHETHER COLLECTIBLE OR NOT, AND WHETHER OR NOT SUCH OTHER FIRE INSURANCE COVERS AGAINST THE ADDITIONAL PERIL OR PERILS INSURED I- IERFUNDER, NOR (2) FOR A GREATER PROPORTION OF ANY LOSS LESS THE AMOUNT OF DEDUCTIBLE, IF ANY, THAN THE AMOUNT HEREBY INSURED BEARS TO ALL INSURANCE WHETHER COLLECTIBLE OR NOT, COVERING IN ANY MANNER SUCH LOSS, OR WHICH WOULD HAVE COVERED SUCH LOSS EXCEPT FOR THE EXISTENCE OF THIS INSURANCE; EXCEPT IF ANY TYPE, OF INSURANCE OTHER THAN FIRE, EXTENDED TO COVER ADDITIONAL PERILS OR WINDSTORM INSURANCE APPLIES TO ANY LOSS TO WHICH THIS INSURANCE., ALSO APPLIES, OR WOULD HAVE APPLIED TO ANY SUCH LOSS EXCEPT FOR THE EXISTENCE OF THIS INSURANCE, THE LIMIT OF LIABILITY OF EACH TYPE OF INSURANCE FOR SUCH LOSS, HEREBY DESIGNATED AS "JOINT LOSS," SHALL FIRST BE DETERMINED AS IF IT WERE THE ONLY INSURANCE, AND THIS TYPE OF INSURANCE SHALL BE LIABLE FOR NO GREATER PROPORTION OF JOINT LOSS THAN THE LIMIT OF ITS LIABILITY FOR SUCH LOSS BEARS TO THE SUM OF ALI, SUCH LIMITS. THE LIABILITY OF THIS COMPANY (UNDER THIS ENDORSEMENT) FOR SUCH JOINT LOSS SHALL BE LIMITED TO ITS PROPORTIONATE PART OF THE AGGREGATE LIMIT OF THIS AND ALL OTHER INSURANCE OF THE SAME TYPE. THE WORDS "JOINT LOSS." AS USED IN THE FOREGOING, MEAN THAT PORTION OF THE LOSS IN EXCESS OF THE HIGHEST DEDUCTIBLE, IF ANY. TO WHICH THIS ENDORSE MENT AND OTHER TYPES OF INSURANCE ABOVE REFERRED TO BOTH APPLY. PROVISIONS APPLICABLE ONLY WHEN THIS ENDORSEMENT IS ATTACHED TO A POLICY COVERING BUSINESS INTERRUPTION, TUITION FEES, EXTRA EXPENSE, ADDITIONAL LIVING EXPENSE, RENT OR RENTAL VALUE, LEASEHOLD INTEREST OR OTHER CONSEQUENTIAL LOSS: THE TERM "DIRECT," AS APPLIED TO LOSS, MEANS LOSS, AS LIMITED AND CONDITIONED IN SUCH POLICY, RESULTING FROM DIRECT LOSS TO DESCRIBED PROPERTY FROM THE PERIL(S) INSURED AGAINST; AND WHILE THE BUSI- NESS OF THE OWNER OR TENANT(S) OF THE DESCRIBED BUILDING(S) IS INTERRUPTED BY A STRIKE AT THE DESCRIBED LOCATION, THIS COMPANY SHALL NOT BE LIABLE FOR ANY LOSS DUE TO INTER - FERENCE BY ANY PERSON(ST WITH - REBUILDING, REPAIRING OR REPLACING THE PROPERTY DAMAGED OR DL^STROYF,D OR WITH THE RESUMPTION OR CONTINUATION OF BUSINESS. STANDARD FORMS BVREAV FORM 585 -NS (Oct. 1958) VANDALISM AND MALICIOUS MISCHIEF ENDORSEMEN (FOR VSE ONLY WITH EXTENDED COVERAGE ENDORSEMENT) p/.RI.6 RApN NO. 1. In consideration of the premium for this coverage as shown on the first page of this policy, and subject to the provisions of this policy of fire insurance and the Extended Coverage Endorsement attached thereto and of this endorsement, the coverage under said Extended Coverage Endorsement is hereby extended to include direct loss to the described property from Vandalism and Malicious Mischief. 2. THE TERM "VANDALISM AND MALICIOUS MISCHIEF' AS USED HEREIN IS RESTRICTED TO AND INCLUDES ONLY WILFUL OR MALICIOUS PHYSICAL INJURY TO OR DESTRUCTION OF THE DESCRIBED PROPERTY. 3. WHEN THIS ENDORSEMENT IS ATTACHED TO A POLICY COVERING DIRECT LOSS TO THE DE- SCRIBED PROPERTY, THIS COMPANY SHALL NOT BE LIABLE UNDER THIS ENDORSEMENT FOR ANY LOSS (a) TO GLASS (OTHER THAN GLASS BUILDING BLOCKS) CONSTITUTING A PART OF THE BUILDING; (b) FROM PILFERAGE, THEFT, BURGLARY OR LARCENY, EXCEPT LOSS BY WILFUL OR MALICIOUS PHYSICAL INJURY TO OR DESTRUCTION OF A BUILDING DESCRIBED AND COVERED HEREUNDER; (c) BY EXPLOSION, RUPTURE OR BURSTING OF STEAM BOILERS, STEAM PIPES, STEAM TURBINES, STEAM ENGINES OR ROTATING PARTS OF MACHINES OR MACHINERY. OWNED. OPERATED OR (d) FROM DEPRECIATION, DELAY, DETERIORATION, OR LOSS OF MARKET; NOR UNLESS SPECIFICALLY ENDORSED HEREON IN WRITING, FOR ANY LOSS RESULTING FROM CHANGE IN TEMPERATURE OR HUMIDITY. 4. WHEN THIS ENDORSEMENT IS ATTACHED TO A POLICY COVERING BUSINESS INTERRUPTION, EXTRA EXPENSE, ADDITIONAL LIVING EXPENSE, RENTS, LEASEHOLD INTEREST, PROFITS AND COM- MISSIONS, OR CONSEQUENTIAL LOSS. THIS COMPANY SHALL NOT BE LIABLE UNDER THIS ENDORSE- MENT FOR ANY LOSS DUE TO DAMAGE TO THE DESCRIBED PROPERTY WHEN SUCH DAMAGE RESULTS FROM ANY OF THE CAUSES LISTED IN SUBDIVISIONS (b), (c) or (d) OF PARAGRAPH NO. 3 ABOVE. 5. THE PERMITTED PERIOD OF VACANCY AS PROVIDED BY SAID FIRE POLICY SHALL APPLY TO LIABILITY UNDER THIS ENDORSEMENT EXCEPT WHEN SUCH PERMITTED PERIOD IS IN EXCESS OF THIRTY DAYS, IN. WHICH CASE THIS COMPANY SHALL NOT BE LIABLE FOR LOSS UNDER THIS EN- DORSEMENT OCCURRING WHILE THE DESCRIBED BUILDING IS VACANT BEYOND A PERIOD OF THIRTY DAYS, WHETHER OR NOT SUCH PERIOD COMMENCED PRIOR TO THE INCEPTION DATE OF THIS EN- DORSEMENT; BUT A BUILDING IN PROCESS OF CONSTRUCTION SHALL NOT BE DEEMED VACANT. 6. NUCLEAR EXCLUSION: LOSS BY NUCLEAR REACTION OR NUCLEAR RADIATION OR RADIOACTIVE CONTAMINATION, ALL WHETHER CONTROLLED OR UNCONTROLLED, IS NOT INSURED AGAINST BY THIS ENDORSEMENT, WHETHER SUCH LOSS BE DIRECT OR INDIRECT, PROXIMATE OR REMOTE, OR BE IN-WHOLE OR IN PART CAUSED BY, CONTRIBUTED TO, OR AGGRAVATED BY VANDALISM AND MALI- Oct. 1938 STANDARD FORMS BUREAU rORM 199 -EZ (Nov. 1957) I ENDORSEMENT Attached to and forming part of Policy NolQ-4A%9.915 --- of the.ST......PAITL - - -FTM AN MARINE . .................... ..._....... �}� NAM r INeo .NC[ coYVeNY Issued to....._.......... DONALD..- W...._TOSH.. ST...Ei ...I, ... . N.MS .N. MA LINO ..ON. ----`- .'..'. -........................... .. ---- - - - Agency at ......... NEWPORT ... BE4kCi.HM CALIFSsT.. TE.._....._. ..L...//....�....q..........L ..................................................... Dated............... Commencement of Policy ..6L13163 _._... Expiration of Policy ... 6,4J.6.V..... Effective date of this E AMOUNT OF INSURANCE PERILS I OLD RATE NEW RATE ADDITIONAL PREMIUM RETURN PREMIUM P1NE . o °.: �j . S_ sv, °o LTE ,c °�.�Qai j11000.00 4 O`o G x x x x IT IS HEREBY UNDERSTOOD AND AGREED THAT THE c ..° Z• . o °.: �j . S_ sv, °o ,c °�.�Qai 4 4 O`o G c`�� O o o O o D -42., ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ 9 INTEREST OF ELSTER'S HAS BEEN DULY SATISFIED AS TO FORM LOSS IF ANY, NOW PAYABLE TO NAMED INSURED. Datecl:� /i2i /� \VAIT R i'J. CHAR`..'.AZA City' -Att.�aray ,Jt i 4. 4L'i.1 OUR *%wistent City.Attowy - Consent by ................................................................. ............................... ; ]nsured *Consent by ................................................................. ............................... ................. ... .. ..... ...................... .......... ::::.:.Agent Mortgagee or Payee A ent's Si nature "A° °" JAY AND �IiNF�O d r s RPrtFRU IVEDpARVI 199 -EZ ,KA. .. .., Nov. 1957 *Not required unless policy is reduced or restricted by this endorsement. STANDARD FORMS BUREAU FORM 199 (Jan. 1948) ENDORSEMENT Attached to and forming part of Policy No._647118 i`.. °'� @ ' -^ 41..C2 ::3 (2n m') r�..' _ %`�'______________,,,.________ P. .__.........._._.........of the:._ ......:.:......_..... -NAME OF INSDRANDE C..t.Nv L . Issued to...... i1C:::.;.� .C..__ ................. .. ...... ...:.......................GIVE INBV PEO'S NPME AND ....... ............................................. ........................... ... ,nw.,.,h'G ADDRESS .. ..,Y T. .: Agency at ... -Ai 2> �- ��.....�ci *r`o`R fiowN ANB '1 Dated. Vii.- r....::.,.. ................ Property Insured, ........ ...... ..... STATE WHETHER BUILDING. MACNINERV. OR STOCK, AND WHETHER COVERAGE Is SPECIFIC OR BLANKET, IF SPECIFIC GIVE AMOUNTS) AND RATC(S) APPLYING TO EACH ITEM, BE SURE TO INDICATE PERCENTAGE OF AVERAGE CLAUSE (IF ANY) " " " "' " " " "...... " "' " " "' ...._ ............................... . ... ........................................... S. F. B. Form No... ... .......... Is E.C.H. att'd ?..... rES DR NO ...Average Clause ............ % ' Locationof Property ............. .............. ....... ............ _ ........................ ................ ............................................................... ....................... .... ................... ............ City Town........ County.................................. .............................., St ate......................... ............................... Map Sheet .................. Block.................. Street No................... Special Rate Page.................. Line.................. Full Term Premium $.................. If risk is not specifically rated or shown on Sanborn Map, give construction and occupancy of building and indicate all exposures and deficiencies ............... Commencement of Policy_'6.:.- 13.."'.5%:?.., Expiration of Policy. -i'. == "- .�i....... Effective date of this Endorsement ..:'...._.:..!..`..`.?..' AMOUNTINSURED OLD RATE NEW RATE ADDITIONAL PREMIUM RETURN PREMIUM FIRE FIRE OOO. OO ECE WE APPROVED AS TO FORM Dated: G��� /�3 WALTER/ W. CHARAMZA City Attorney r By --• %': TULL . SEYM� Assistant City Attorney YR.. MARK 199 ......_ .............. .... .............. ...Age..... ........... tune...... ....... ..........................Agent REG. us wa. oa Jan 1948 Agent's Signature ..-, JAY ReNFRO W h a v W J m Q Q a Yl N 0 V� I 0 co ,a Sig b 6 '$ h � C d A y a d o � � A � m C T F i � a s "w roW m � K m V 0 F M1 u aW Mr o � � tb � n �e v 0 s s 3 m rrvr4 r.L 1 PERIL(S) InsVred Against and Cover - AMOUNT.:y. RATE PREMIUM DUE DUE UNDER DEF^ x - AT inircori..a . I 1 age(s) Provided (insert Name of Each) $ .:cya.•m.. e? XXXXXXX $ $ $ .04 ra $ ""”" `• TOTAL PREMIUM FOR POLICY TERM UNDER D. P. P. P. Item 1 Amount Fire or Fire Per Cent of No. l and Extended Coy- Co- Insurance erage, or Other Perfl 1 Applicable $ $ ' „M.var FIRE AND LIGHTNING $ $ - EKj(D ED COVERAGE $ $ .`'` YJJ $ $ $ $ TOTAL(S) $ $ 12 � "$' DESCRIPTION AND LOCATION OF PROPERTY COVERED Shaw construction, type of roof and occupancy of buildings) covered or containing the property covered. If occupied as a dwelling state number of families. 1. -$q p ;l+.':";s l'"+y`d' = °, $t i .at M1.n S. iet� i -R`i3# ia&e*.». 3.16ks .r,''.sJ"".sY rc`ad`- ..:5.`•''a .: r ""'WED AS TO FORM � / LTER W. CHAR MIZA City Attorney By — MEMORANDUM OF INSURANCE No. 647116 PACIFIC DEPARTMENT yam'/ 220 BUSH STREET tut /��itauraurr 10 SAN FRANCISCO CALIFORNIA �- /�, ;`µ I►Ja` �sri' 11mpa�� aa` vq 's, A STOCK COMPANY O �? Replacing No. P 9 Polic Y a 9 HARTFORD. CONNECTICUT FOVNVEO A. n. CH PFTEP PEP PETV AL �I�� .mortgage Oa Fi Agency at 9 Y hEf h Insured's Name and Mailing Address Agent or Broker -� - 8 }.oaf- „'.:"• i,9• q,� g¢r yp Pja �i -�y 4'.i}igVF3 Ir N a5^�. ;b AY+p' UZ '�v 'S�2�; 6Y'ifC {:ten. rf4': ._f' ¢k, .y p y+ x ra a -t f' •.:;a,:3 .P '.4'>1UP1R 3r. i }♦ 1.4z 2 x'Sl F %'!y -.�e Is ');="a bxCuly S AT Vt _V :c - Inception (Mo. Day Yr.) Expiration (Mo, Day Yr.) Years - :. _ It is important that the written portions of all policies coyering the same property toad exactly alike. If they do not, they should he made uniform at once. _ INSURANCE IS PROVIDED AGAINST ONLY THOSE PERILS AND FOR ONLY THOSE COVERAGES INDICATED BELOW BY A PREMIUM CHARGE AND AGAINST OTHER PERILS AND FOR OTHER COVERAGES ONI Y WHEN FNDORSED THEREON OR ADDED THERETO m rrvr4 r.L 1 PERIL(S) InsVred Against and Cover - AMOUNT.:y. RATE PREMIUM DUE DUE UNDER DEF^ x - AT inircori..a . I 1 age(s) Provided (insert Name of Each) $ .:cya.•m.. e? XXXXXXX $ $ $ .04 ra $ ""”" `• TOTAL PREMIUM FOR POLICY TERM UNDER D. P. P. P. Item 1 Amount Fire or Fire Per Cent of No. l and Extended Coy- Co- Insurance erage, or Other Perfl 1 Applicable $ $ ' „M.var FIRE AND LIGHTNING $ $ - EKj(D ED COVERAGE $ $ .`'` YJJ $ $ $ $ TOTAL(S) $ $ 12 � "$' DESCRIPTION AND LOCATION OF PROPERTY COVERED Shaw construction, type of roof and occupancy of buildings) covered or containing the property covered. If occupied as a dwelling state number of families. 1. -$q p ;l+.':";s l'"+y`d' = °, $t i .at M1.n S. iet� i -R`i3# ia&e*.». 3.16ks .r,''.sJ"".sY rc`ad`- ..:5.`•''a .: r ""'WED AS TO FORM � / LTER W. CHAR MIZA City Attorney By — ___ TULLY H. SEYMOUR A�Sii6RtcFiBr6�iArneys). vq 's, tw% Mortgage Clause: Subject to the provisions of the clause attached to policy, loss, if any, on building items, shall be payable to: .mortgage Agency at 9 Y PLEASE TAKE NOTICE This 'ie:norandum is for information only; it is not a contract of insurance but attests that a policy as numbered herein, and as it stands a of this •.ertif;catc, has been issued by the Company. Said policy is subject to change by endorsement and to assignment and cancellation ' `ice with its terRrs TY1 RO -X -B ST.NDARD FORMS BUREAU FORM 471 -NS (April 1962) RESTAURANT FORM llntlud/ FAR r,4cewrN ^9 NINGS Item /or nsks ether *ban n0nuf.cturle9) ro LrM 1. Insurance attaches only to those items specifically described in this policy for which a specific ons of the policy to which it is attache amou an[Y ttralMe otherwise provided, all conditions of this form and the provisid shall nt ie shown apply arN- arAtely to each item covered. 2. DESCRIPTION OF COVERAGE: Item 1. BUILDING COVERAGE: When the insurance under this policy covers a Building, such insurance shall cover ,r,0 building or structure in its entirety, while occupied as a restaurant or cafe, and for any other purpose described on the firs[ pa�:,- of this policy, including all fixtures and machinery used for the service of the building itself, provided such fixtures and ma- chinery are contained in or attached to and constitute a part of the building; additions in contact therewith; also (a) awnings, signs, door and window shades and screens, storm doors and storm windows; (b) cleaning and fire fighting apparatus; (c) janitors' supplies, tools and implements; (d) materials and supplies intended for use in construction, alterations or repairs of the building. Provided, however, that property described in (a), (b), (c) and (d) immediately above must be, at the time of any loss, (1) the property of the named Insured who is the owner of the building; and (2) used for the maintenance or service of the building; and (3) contained in or attached to the building; and (4) not specifically covered under an item other than the "Building' item of this or any other policy. Item II. EQUIPMENT COVERAGE: When the insurance under this policy covers Equipment, such insurance shall cover on personal property of every description usual or incidental to the occupancy of the premises by the Insured as a restaurant or cafe (SUBJECT TO THE LIMITATION HEREINAFTER STATED WITH RESPECT TO ALCOHOLIC BEV- ERAGES), and, provided the described building is not owned by the named Insured, "IMPROVEMENTS AND BETTER- MENTS'; BUT EXCLUDING (I) BULLION AND MANUSCRIPTS, AND (2) PROPERTY COVERED UNDER THE BUILDING ITEM OF THIS OR ANY OTHER POLICY; all being the property of the named Insured, or sold but not removed; all only while contained in or attached to the described building. NOT MORE THAN TWENTY -FIVE PER CENT (25%) OF THE AMOUNT OF INSURANCE SPECIFIED FOR THIS ITEM II SHALL APPLY TO COVER ON ALCOHOLIC BEVERAGES OF ANY KIND, INCLUDING BEERS, WINES, AND LIQUORS. (THE TOTAL AMOUNT OF INSURANCE UNDER THIS ITEM II, INCLUDING COVERAGE ON ALCOHOLIC BEVERAGES, SHALL IN NO EVENT EXCEED THE AMOUNT INSERTED IN THE SPACE PROVIDED FOR THIS ITEM II ON THE FIRST PAGE OF THIS POLICY.) Item III. EARNINGS COVERAGE: When the insurance under this policy covers Earnings, such insurance shall cover only as provided in and subject to the provisions of the "Earnings Insurance Form" (S. F. No. 570 -XNS) which must be added to this Policy if insurance attaches under this item. THE PROVISIONS OF SUB - PARAGRAPHS NOS. I AND 11 OF PARA- GRAPH NO. 2 AND THE PROVISIONS OF PARAGRAPHS NOS. 3 TO 20 (INCLUSIVE) ARE NOT APPLI- CABLE TO THIS EARNINGS COVERAGE. 3. OFF - PREMISES COVERAGE (Applicable only when the eighty per cent (6o7c) or higher Coinsurance Clause [Average Clause] applies); The Insured may apply up to two per cent (2%) of the amount of insurance, BUT NOT EXCEEDING FIVE THOUSAND DOLLARS ($5,000.00), to cover the described property, OTHER THAN MERCHANDISE OR STOCK (RAW, IN PROCESS, OR FINISHED), while temporarily removed from the described premises for purposes of cleaning, repairing, recon- struction or restoration. THIS EXTENSION OF COVERAGE SHALL: (a) NOT APPLY TO PROPERTY IN TRANSIT NOR TO PROPERTY ON ANY PREMISES OWNED, LEASED, OPERATED OR CONTROLLED BY THE INSURED; (b) NOT APPLY EXCEPT AS EXCESS OVER THE AMOUNT DUE FROM ANY OTHER INSURANCE COVERING OTO THE BENEFIT OF COLLECTIBLE CARIR OR OTHER BAILEE. NO WISE INURE DIRECTLY OR INDI- RECTLY THE INSURED ELECTS TO APPLY THIS OPTIONAL EXTENSION OF COVERAGE, THIS COMPANY SHALL NOT BE LIABLE FOR A GREATER PROPORTION OF ANY LOSS THAN \VOULD HAVE BEEN THE CASE IF ALL FIRE INSURANCE POLICIES COVERING THE DESCRIBED PROPERTY HAD CONTAINED AN IDENTICAL OPTIONAL EXTENSION OF COVERAGE AND THE SAME ELECTION WERE MADE UNDER ALL SUCH POLICIES. 4. E %TENSION CLAUSE: Personal property of the kind and nature covered under any item hereof shall be covered under the respective item (a) while in, on, or under sidewalks, streets, platforms, alleyways or open spaces, provided such property (1) is located within fifty (50) feet of the described 'Building," or (2) in the case of materials and supplies intended for use in construction, altera- tions or repairs of the described "Building," is located within one hundred (100) feet of said 'Building "; and (b) while in Won cars and vehicles within three hundred (300) feet of the described 'Building "; and (c) while in or on barges and scows or other vessels within one hundred ( 100) feet of the described premises. PROVIDED THAT PROPERTY COVERED BY MARINE, INLAND MARINE OR TRANSPORTATION INSURANCE OF ANY KIND, SHALL NOT BE COVERED UNDER THIS EXTENSION CLAUSE. 5. TRUST AND COMMISSION CLAUSE: To the extent that the named Insured shall be liable by law for loss thereto or shall prior to loss have specifically assumed liability therefor, any item of this policy covering on personal property shall also cover property of the kind and nature described in such item, at the location(s) herein indicated, held in trust, or on consignment or com- mission, or on joint account with others, or left for storage or repairs. 6. EXCLUSION CLAUSE: IN ADDITION TO PROPERTY EXPRESSLY EXCLUDED FROM COVERAGE BY ANY PROVISION OF THIS FORM OR OTHER ENDORSEMENT ATTACHED TO THIS POLICY, THE FOLLOW- ING ARE NOT COVERED UNDER ANY ITEM OF THIS POLICY AND ARE TO BE EXCLUDED IN THE APPLI- CATION OF ANY "AVERAGE CLAUSE" OR "DISTRIBUTION CLAUSE ": LAND VALUES; GARDENS; TREES; LAWNS; PLANTS; SHRUBBERY; ACCOUNTS; BILLS; CURRENCY; DEEDS; EVIDENCES OF DEBT: MONEY; SECURITIES; AIRCRAFT; BOATS; MOTOR VEHICLES LICENSED FOR USE ON PUBLIC THOROUGHFARES. 7. AVERAGE CLAUSE (THIS CLAUSE VOID UNLESS PERCENTAGE IS INSERTED ON THE FIRST PAGE OF THIS POLICY) (The term "C9- Insurance Clause" wherever used in this policy shall be deemed to mean "Average Clause'): IN EVENT OF LOSS TO PROPERTY DESCRIBED IN ANY ITEM OF THIS POLICY" AS TO WHICH ITEM A PERCENTAGE FIGURE IS INSERTED ON THE FIRST PAGE OF THIS POLICY, THIS COMPANY SHALL BE LIABLE FOR NO GREATER PROPORTION OF SUCH LOSS THAN THE AMOUNT OF INSURANCE SPECIFIED IN SUCH ITEM BEARS TO THE PERCENTAGE, SPECIFIED ON THE FIRST PAGE OF THIS POLICY, OF THE ACTUAL CASH VALUE OF THE PROPERTY DESCRIBED IN SUCH ITEM AT THE TIME OF LOSS, NOR FOR MORE THAN THE PROPORTION WHICH THE AMOUNT OF INSURANCE SPECIFIED IN SUCH ITEM BEARS TO THE TOTAL INSURANCE ON THE PROPERTY DESCRIBED IN SUCH ITEM AT THE TIME OF LOSS. 8. WAIVER OF INVENTORY AND APPRAISEMENT CLAUSE: If any item of this policy is subject to the conditions of the Average Clause (Paragraph 7 hereof), it is also provided that when an aggregate claim for any loss to the property described in any such item of this policy is both less than Five Thousand Dollars ($5,000.00) and less than two per cent (270) of the total amount of insurance upon the property described in such item at the time such loss Occurs, it shall not be necessary for the Insured to make a special inventory or appraisement of the undamaged property, BUT NOTHING HEREIN CONTAINED SHALL OPERATE TO WAIVE THE APPLICATION OF THE AVERAGE CLAUSE TO ANY SUCH LOSS. 9. EXCESS INSURANCE LIMITATION CLAUSE: NO ITEM OF THIS POLICY SHALL ATTACH TO OR BE- COME INSURANCE UPON ANY PROPERTY, INCLUDED WITHIN THE DESCRIPTION OF SUCH ITEM, WHICH AT THE TIME OF ANY LOSS (a) IS MORE SPECIFICALLY DESCRIBED AND COVERED UNDER ANOTHER ITEM OF THIS POLICY, OR UNDER ANY OTHER POLICY CARRIED BY OR IN THE NAME OF THE INSURED NAMED HEREIN, OR (b) BEING THE PROPERTY OF OTHERS IS COVERED BY INSURANCE CARRIED BY OR IN THE NAME OF OTHERS THAN THE INSURED NAMED HEREIN, UNTIL THE LIABILITY OF INSURANCE DESCRIBED UNDER (a) OR (b) HAS FIRST BEEN EXHAUSTED, AND SHALL THEN COVER ONLY THE EXCESS OF VALUE OF SUCH PROPERTY OVER AND ABOVE THE AMOUNT PAYABLE UNDER SUCH OTHER INSURANCE (WHETHER COLLECTIBLE OR NOT). THIS CLAUSE SHALL NOT BE APPLICABLE TO PROPERTY OF OTHERS FOR THE LOSS OF WHICH THE INSURED NAMED HEREIN IS LIABLE BY LAW OR HAS PRIOR TO ANY LOSS SPECIFICALLY ASSUMED LIABILITY. 10. IMPROVEMENTS AND BETTERMENTS CLAUSE: "IMPROVEMENTS AND BETTERMENTS" (subject to the provisions of the paragraph hereof entitled "EQUIPMENT COVERAGE ") are covered as property of the named Insured under the 'EQUIPMENT" item of this policy. I. The term "Improvements and Betterments" wherever used in this policy is defined as fixtures, alterations, installations, or additions comprising a part Of the described buiding and made or acquired at the expense of the Insured exclusive of rent paid by the Insured, but which are not legally subject to removal by the Insured. - II. The word "Lease" wherever used in this policy shall mean the lease or rental agreement, whether written or oral, in effect as of the time of loss. III. In the event Improvements and Betterments are damaged or destroyed during the term of this policy by the perils insured against, THE LIABILITY OF THIS COMPANY SHALL BE DETERMINED AS FOLLOWS: (a) If repaired or replaced at the expense of the Insured within a reasonable time after such loss, the actual cash value of the damaged or destroyed Improvements and Betterments. LUSS. THAT -NS April 1962) PROVISIONS REFERRED TO IN AND MADE PART OF THIS FORM (NO. 471 AgACRRPN NO. ^^ 11. VVl \Jbh'pElY 2'lAL DAmAUE ASSUMFTlUN CLAUSE (To apply only if stock of merchandise, provisions or sup- plies in cold storage, which stock is subject to damage through change of temperature, is covered hereunder): THIS COM- PANY (SUBJECT TO THE TERMS OF THIS POLICY) SHAI,L BF; LIABLE FOR CONSEQUENTIAL LOSS TO STOCK OR MERCHANDISE, PROVISIONS AND SUPPLIES IN COLD STORAGE COVERED HEREUNDER CAUSED BY CHANGE OF TEMPERATURE RESULTING FROM TOTAL OR PARTIAL DESTRUCTION BY ANY PERIL IN- SURED AGAINST IN THIS POLICY, OF REFRIGERATING OR COOLING APPARATUS, CONNECTIONS OR SUPPLY PIPES THEREOF, UNLESS %H LOSS IS SPECIFICALLY EXCLUDED AS TO ANY SUCH PERIL BY EXPRESS PROVISIONS OF ANY FORM, RIDER OR ENDORSEMENT ATTACHED TO THIS POLICY. THE TOTAL LIABILITY FOR LOSS CAUSED BY ANY PERIL INSURED AGAINST IN THIS POLICY AND BY SUCH CONSEQUENTIAL LOSS, EITHER SEPARATELY OR TOGETHER, SHALL IN NO CASE EXCEED THE TOTAL AMOUNT OF THIS POLICY IN EFFECT AT THE TIME OF LOSS. IF THERE IS OTHER INSURANCE UPON THE PROPERTY DAMAGED COVERING THE PERILS, OR ANY THEREOF, WHICH ARE INSURED AGAINST IN THIS POLICY, THIS COMPANY SHALL BE LIABLE ONLY FOR SUCH PROPORTION OF ANY CONSEQUENTIAL LOSS AS THE AMOUNT HEREBY INSURED BEARS TO THE WHOLE AMOUNT OF INSUR- ANCE THEREON WHETHER SUCH OTHER INSURANCE COVERS AGAINST CONSEQUENTIAL LOSS OR NOT. 12, BREACH OF WARRANTY CLAUSE: If a breach of any warranty or condition contained in any rider attached to or made a part of this policy shall occur, which breach by the terms of such warranty or condition shall operate to suspend or avoid this insurance, it is agreed that such suspension or avoidance due to such breach, shall be effective only during the continuance of such breach and then only as to the building, fire division, contents therein, or other separate location to which such warranty or condition has reference and in respect of which such breach occurs. 13. SUBROGATION WAIVER CLAUSE: This insurance shall not be prejudiced by agreement made by the named Insured releasing or waiving the named Insured's right of recovery against third parties responsible for the loss, under the following circum- stances only: (A) If made before loss has occurred, such agreement may run in favor of any third party; (B) IF MADE AFTER LOSS HAS OCCURRED, SUCH AGREEMENT MAY RUN ONLY IN FAVOR OF A THIRD PARTY FALLING WITHIN ONE OF THE FOLLOWING CATEGORIES AT THE TIME OF LOSS: (1) A THIRD PARTY INSURED UNDER THIS POLICY; OR (2) A CORPORATION, FIRM, OR ENTITY (a) OWNED OR CONTROLLED BY THE NAMED INSURED OR IN WHICH THE NAMED INSURED OWNS CAPITAL STOCK OR OTHER PROPRIETARY IN- TEREST, OR (b) OWNING OR CONTROLLING THE NAMED INSURED OR OWNING OR CONTROL- LING CAPITAL STOCK OR OTHER PROPRIETARY INTEREST IN THE NAMED INSURED; (C) WHETHER MADE BEFORE OR AFTER LOSS HAS OCCURRED, SUCH AGREEMENT MUST RELEASE OR WAIVE THE ENTIRE RIGHT OF RECOVERY OF THE NAMED INSURED AGAINST SUCH THIRD PARTY. 14. LOSS CLAUSE: Any loss hereunder shall not reduce the amount of this policy. 15. DEBRIS REMOVAL CLAUSE: 1. This insurance covers expenses incurred in the removal of all debris of the property covered hereunder which may be occasioned by loss caused by any of the perils insured against in this policy. HOWEVER, THE TOTAL LIABILITY UNDER THIS POLICY FOR BOTH LOSS TO PROPERTY AND REMOVAL OF DEBRIS SHALL NOT EXCEED THE AMOUNT OF INSURANCE APPLYING UNDER THIS POLICY TO THE PROPERTY DAMAGED OR DESTROYED. THIS COMPANY SHALL NOT BE LIABLE FOR MORE THAN THE PROPORTION OF SUCH DEBRIS REMOVAL EXPENSE AS THE AMOUNT OF INSURANCE UNDER THIS POLICY BEARS TO THE TOTAL AMOUNT OF INSURANCE ON THE PROPERTY COVERED HEREUNDER, WHETHER OR NOT ALL SUCH INSURANCE INCLUDES THIS CLAUSE. 2. UNLESS LIABILITY IS OTHERWISE SPECIFICALLY ASSUMED BY ENDORSEMENT ATTACHED HERETO, THIS COMPANY SHALL NOT BE LIABLE FOR DEBRIS REMOVAL EXPENSE OCCASIONED BY THE ENFORCEMENT OF ANY STATE OR MUNICIPAL LAW OR ORDINANCE WHICH NECESSITATES THE DEMOLITION OF ANY PORTION OF A BUILDING COVERED HEREUNDER WHICH HAS OR HAS NOT SUFFERED DAMAGE BY ANY OF THE PERILS INSURED AGAINST. 3. Debris removal expense shall not be considered in the determination of actual cash value in the application of any Coinsurance, Average, Distribution, or Reduced Rate Contribution Clause attached to this policy. 16. PERMITS AND AGREEMENTS CLAUSE: Permission granted: (a) For such use of the premises as is usual and inci- dental to the business conducted therein and for existing and increased hazards and for change in use or occupancy except as to any specific hazard, use, or occupancy prohibited by the express terms of this policy or by any endorsement thereto; (b) To keep and use all articles and materials, usual and incidental to said business, in such quantities as the exigencies of the business require; (c) For the described building(s) to be in course of construction, alteration or repair, all without limit of time, and to build additions thereto, and this policy, under its respective item(s), shall cover on or in such additions in contact with the described building(s) ; (d) For the described building(s) to be vacant or unoccupied without limit of time. Nothing herein contained shall be construed to abrogate or modify any provision or warranty of this policy requiring (1) the maintenance of watchman service; (2) the main- tenance of all fire extinguishing appliances and apparatus including sprinkler system, and water supply therefor, and fire detecting systems, in complete working order; nor to extend the term of this policy. This insurance shall not be prejudiced: (1) By any act or neglect of the owner of the building(s) if the Insured is not the owner thereof, or by any act or neglect of any occupant of the building(s) (other than the named Insured), when such act or neglect of the owner or occupant is not within the control of the named Insured; (2) By failure of the named Insured to comply with any warranty or condition contained in any form, rider or endorsement attached to this policy with regard to any portion of the premises over which the named Insured has no control; nor $(3) shall this insurance be prejudiced by any error in stating the name, number, street or location of any building(s) covered hereunder. tNOTE: —When contents are covered "Blanket" under one item with building(s), section (3) immediately above shall be changed to read as follows: nor (3) shall this insurance be prejudiced by any error in stating the name, number, street or location of any building(s) and contents covered hereunder. 17. ELECTRICAL APPARATUS CLAUSE: THIS COMPANY SHALL NOT BE LIABLE FOR ANY LOSS RE- SULTING FROM ANY ELECTRICAL INJURY OR DISTURBANCE TO ELECTRICAL APPLIANCES, DEVICES, FIXTURES OR WIRING CAUSED BY ELECTRICAL CURRENTS ARTIFICIALLY GENERATED UNLESS FIRE ENSUES AND, IF FIRE DOES ENSUE, THIS COMPANY SHALL BE LIABLE ONLY FOR ITS PROPORTION OF LOSS CAUSED BY SUCH ENSUING FIRE. 18. MORTGAGEE CLAUSE: (THIS ENTIRE CLAUSE IS VOID UNLESS NAME OF MORTGAGEE OR TRUSTEE IS INSERTED ON THE FIRST PAGE OF THIS POLICY IN SPACE PROVIDED THEREFOR): If another mortgagee or loss payable endorsement applicable to buildings is separately attached to this policy, such other endorsement shall supersede the provisions of this clause. Loss (if any) under this policy, ON BUILDINGS ONLY, shall be payable to the mortgagee(s), if named as payce(s) on the first page of this policy, as mortgagee(s) under any present or future mortgage upon the property described in and covered by this policy, as interest may appear, and in order of precedence of said mortgages. (a) The terms "mortgage ", "mort- gagee" and "mortgagor" wherever used in this clause shall be deemed to include deeds of trust and the respective parties thereto. (b) This insurance, as to the interest of the mortgagee only therein, shall not be invalidated by any act or neglect of the mortgagor or owner of the described property, nor by the use of the premises for purposes more hazardous than are permitted by this policy. (c) Any mortgagee who shall have or acquire knowledge that the premises are being used for purposes more hazardous than are permitted by this policy or that the premises have been vacant or unoccupied beyond the period permitted by this policy, shall forthwith notify this Company thereof and shall cause the consent of the Company thereto to be noted on this policy: and in the event of failure so to do, all rights of such mortgagee hereunder shall forthwith terminate. (d) In case the mortgagor or owner shall fail to pay any premium due or to become clue under this policy, the mortgagee hereby covenants and agrees to pay the same on demand. The mortgagee also covenants and agrees to pay on demand the premium for any increased hazard for the term of the existence thereof. (e) This Com- pany shall not be liable to the mortgagee for a greater proportion of any loss than the amount hereby insured shall bear to the whole insurance covering the property against the peril involved, under policies issued to, held by, or payable to the mortgagee, whether collectible or not. (f) The policy provisions relating to "Mortgagee Interests and Obligations" are specifically referred to and made a part of this clause. 19, LIBERALIZATION CLAUSE: If during the period that insurance is in force under this policy, or within forty -five (45) days prior to the inception date thereof, on behalf of this Company there be adopted, or filed with and approved or accepted by the insurance supervisory authorities, all in conformity with law, any changes in the form attached to this policy by which this form of insurance could be extended or broadened without increased premium charge by endorsement or substitution of form, then such extended or broadened insurance shall inure to the benefit of the Insured hereunder as though such endorsement or substitution of form had been made. 20. NUCLEAR CLAUSE: THE WORD "FIRE" IN THIS POLICY OR ENDORSEMENTS ATTACHED HERETO IS NOT INTENDED TO AND DOES NOT EMBRACE NUCLEAR REACTION OR NUCLEAR RADIATION OR RADIOACTIVE CONTAMINATION, ALL WHETHER CONTROLLED OR UNCONTROLLED, AND LOSS BY NU- -CLEAR REACTION REACTION OR NUCLEAR RADIATION OR RADIOACTIVE CONTAMINATION IS NOT, INTENDED TO BE AND IS NOT INSURED AGAINST BY THIS POLICY OR SAID ENDORSEMENTS. \ VHETHER SUCH LOSS BE DIRECT OR INDIRECT, PROXIMATE OR REMOTE, OR BE IN WHOLE OR IN PART CAUSED BY.CON- TRIBUTED TO. OR AGGRAVATED BY "FIRE" OR ANY OTHER PERILS INSURED AGAINST BY THIS POLICY OR SAID ENDORSEMENTS; HOWEVER, SUBJECT TO THE FOREGOING AND ALL PROVISIONS OF THIS POLICY, DIRECT LOSS BY "FIRE" RESULTING FROM NUCLEAR REACTION OR NUCLEAR RADIATION OR RADIOACTIVE CONTAMINATION IS INSURED AGAINST BY THIS POLICY. FAA; :V DARD FORMS BUREAU FORM 202 -NS (April 1962) EXTENDED COVERAGE ENDORSEMENT (PERILS OF WINDSTORM AND HAIL, EXPLOSION, RIOT, RIOT ATTENDING A STRIKE, !i CIVIL COMMOTION, AIRCRAFT, VEHICLES AND SMOKE) FOR USE ON ALL RISKS OTHER THAN DWELLING AND FARM PROPERTIES IL In consideration of the premium for this coverage, and subject to the provisions herein and in the policy to ehich this endorse is attached including endorsements thereon, THIS POLICY IS EXTENDED TO INSURE .AGAINST 'DIRECT LOSS AB WINDSTORM, MAIL. EXPLOSION, RIOT, RIOT ATTENDING A STRIKE, CIVIL COMMOTION. AIRCRAFT, VEHICLES, AND SMOKE, EXCEPT AS HEREINAFTER PROVIDED. PROVISIONS APPLICABLE ONLY TO WINDSTORM AND HAIL: THIS COMPANY SHALL NOT BE LIABLE FOR LOSS CAUSED DIRECTLY OR INDIRECTLY BY FROST OR COLD WEATHER, OR ICE (OTHER THAN HAIL), SNOW OR SLEET, WHETHER DRIVEN BY WIND OR NOT. THIS COMPANY SHALL NOT BE LIABLE FOR LOSS TO THE INTERIOR OF THE BUILDING(S) OR THE PROPERTY COVERED THEREIN CAUSED: (a) BY RAIN, SNOW, SAND OR DUST, AA HETIIER DRIVEN BY WIND OR NOT, UNLESS THE BUILDING(S) COVERED OR CONTAINING THE. PROPERTY COVERED SHALL FIRST SUSTAIN AN ACTUAL DAMAGE TO ROOF OR WALLS 13 " THE DIRECT ACTION OF IVINU OR HAIL AND THEN SHALL BE LIABLE FOR LOSS TO THE INTERIOR OF THE BUILDING(S) OR THE PROPERTY COVERED THEREIN AS MAY BE CAUSED BY RAIN, SNOW, SAND OR DUST ENTERING THE BUILDING(S) THROUGH OPENINGS IN THE ROOF OR WALLS MADE BY DIRECT ACTION OF WIND OR HAIL: OR (b) BY WATER FROM SPRINKLER EQUIPMENT OR FROM OTHER PIPING, UNLESS SUCH EQUIPMENT OR PIPING BE DAMAGED AS A DIRECT RESULT OF WIND OR HAIL, UNLESS AN ADDITIONAL PREMIUM IS CHARGED AND THIS POLICY IS SPECIFICALLY ENDORSED TO PROVIDE FOR COVERAGE OF WINDSTORM AND HAIL DAMAGE, THIS COMPANY SHALL NOT BE LIABLE FOR WINDSTORM OR HAIL DAMAGE TO: (a) GRAIN, HAY, STRAIN OR OTHER CROPS OUTSIDE, OF BUILDINGS; OR (b) WINDMILLS, AWINDPUAIPS OR THEIR TOWERS; OR (c) CROP SILOS (OR THEIR CONTENTS) ; OR (d) METAL SMOKESTACKS OR. WHEN OUTSIDE OF BUILDINGS. CLOTH AWNINGS. SIGNS, RADIO OR TELEVISION ANTENNAS INCLUDING THEIR LEAD -IN WIRING. MASTS OR TOWERS; OR (e) LAWNS, TREES, SHRUBS OR PLANTS. PROVISIONS APPLICABLE ONLY TO EXPLOSION: LOSS BY EXPLOSION SHALL, INCLUDE DIRECT LOSS RESULTING FROM THE EXPLOSION OF ACCUMULATED GASES OR UNCONSUMED FUEL WITHIN THE FIREBOX (OR COMBUSTION CHAMBER) OF ANY FIRED A "F.SSEL OR WITHIN THE FLUES OR PASSAGES WHICH CONDUCT THE GASES OF COMBUSTION THEREFROM. THIS COMPANY SHALL NOT BE LIABLE FOR LOSS BY EXPLOSION OF STEAM BOILERS. STEAM PIPF„S. STEAM TURBINES OR STEAM ENGINES, IF OWNED BY, LEASED BY OR OPERATED UNDER THE CON- TROL OF THE INSURED. THE FOLLOWING ARE NOT EXPLOSIONS WITHIN THE INTENT OR .MEANING OF THESE PROVISIONS: (a) SHOCK WAVES CAUSED BY AIRCRAFT. GENERALLY KNOWN AS "SONIC BOOM," (b) ELECTRIC ARCING, (c) RUPTURE OR BURSTING OF ROTATING OR MOVING PARTS OF MACHINERY CAUSED BY CEK- TRIFUGAL FORCE OR MECHANICAL BREAKDOWN, (d) WATER HAMMER, (c) RUPTURE OR BURSTING OF WATER PIPES, (f) RUPTURE OR BURSTING DUE TO EXPANSION OR SWELLING OF THE CONTENTS OF ANY BUILD- ING OR STRUCTURE, CAUSED BY OR RESULTING FROM WATER, (g) RUPTURE, BURSTING OR OPERATION OF PRESSURE RELIEF DEVICES. ANY OTHER EXPLOSION CLAUSE MADE A PART OF THIS POLICY IS SUPERSEDED BY THIS ENDORSE- MENT. PROVISIONS APPLICABLE ONLY TO RIOT, RIOT ATTENDING A STRIKE AND CIVIL COMMOTION: LOSS BY RIOT, RIOT ATTENDING A STRIKE OR CIVIL COMMOTION SHALL INCLUDE DIRECT LOSS BY ACTS OF STRIKING EMPLOYEES OF THE OWNER OR TENANT(S) OF THE DESCRIBED BUHLDING(S) WHILE OCCUPIED BY SAID STRIKING EMPLOYEES AND SHALL ALSO INCLUDE DIRECT LOSS FROM PILLAGE AND LOOTING OCCURRING DURING AND AT THE IMMEDIATE PLACE OF A RIOT, RIOT ATTENDING A STRIKE OR CIVIL COMMOTION. UNLESS SPECIFICALLY ENDORSED HEREON, THIS COMPANY SHALL NOT BE LIABLE FOR LOSS RESULTING FROM DAMAGE TO OR DESTRUCTION OF THE DESCRIBED PROPERTY DUE TO CHANGE IN TEMPERATURE OR HUMIDITY OR INTERRUPTION OF OPERATIONS WHETHER OR NOT SUCH LOSS IS COVERED BY THIS POLICY AS TO OTHER PERILS. PROVISIONS APPLICABLE ONLY TO LOSS BY AIRCRAFT AND VEHICLES: THE TERM ''VEHICLES." AS USED IN THIS ENDORSEMENT, MEANS VEHICLES RUNNING ON LAND OR TRACKS BUT NOT AIRCRAFT. LOSS BY AIRCRAFT OR BY VEHICLES SHALL INCLUDE ONLY DIRECT LOSS RESULTING FROM ACTUAL, PHYSICAL CONTACT OF AN AIRCRAFT OR A VEHICLE WITH THE PROPERTY COVERED HERRI'NDRR OR NG BY ANY VEHICLE, TO FENCES ANY AIRCRAFT OR VEHICLE OR VEHICLES IN PROCESS OF REUNDER, EXCEPT THAT LOSS BY WM. THIS COMPANY SHALL NOT 'AN INSURED OR BY ANY TENANT DRIVEWAYS. WALKS OR LAWNS, INCLUDING CONTENTS THEREOF MANUFACTURE OR FOR SALF,. THE PROVISIONS PRINTED ON THE BACK OF THIS ENDORSEMENT ARE HEREBY REFERRED TO AND MADE A PART HEREOF. CAUTION: WHEN THIS ENDORSEMENT IS ATTACHED TO ONE FIRE POLICY, THE INSURED SHOULD SECURE LIKE COVERAGE ON ALL FIRE POLICIES COVERING THE SAME PROPERTY. 202 -NS April 1962 u wa PROVISIONS REFERRED TO IN AND MADE PART OF THIS FORM N PROVISIONS APPLICABLE ONLY TO SMOKE; THE ( o. 202 -NS April 1962) MEANS ONLY SMOKE DUE TO A SUDDEN, UNUSUAL AND FAULTY OPERATION OF ANY HEAT NG OR COOKING UNIT, ONLY WHEN SUCH UNIT IS CONNECTED TO CHIMNEY BY A SMOKE PIPE OR VENT PIPE, AND WHILE IN OR ON THE DESCRIBED PREMISES BUT NOT SMOKE FROM FIREPLACES OR IN- DUSTRIAL APPARATUS. NUCLEAR EXCLUSION: LOSS BY NUCLEAR REACTION OR NUCLEAR RADIATION OR RADIOACTIVE CON- TAMINATION, AI,I. R'HETHE.R CONTROLLED OR UNCONTROLLED, OR DUE TO ANY ACT OR CONDITION INCIDENT TO ANY OF THE FOREGOING, IS NOT INSURED AGAINST BY THIS EXTENDED COVERAGE ENDORSEMENT, �%THE'I'HER SUCH LOSS BE DIRECT OR INDIRECT, PROXIMATE OR REMOTE, OR BE IN WHOLE OR IN PART CAUSED BY, CONTRIBUTED TO, OR AGGRAVATED BY WINDSTORM, HAIL, EXPLO- SION, RIOT, RIOT ATTENDING A STRIKE, QVIL COMMOTION, AIRCRAFT, VEHICLES OR SMOKE; AND NU- CLEAR REACTION OR NUCLEAR RADIATIOkiI OR RADIOACTIVE CONTAMINATION, ALL WHETHER CON- TROLLED OR UNCONTROLLED, IS NOT "EXPLOSION" OR "SMOKE." WAR RISK EXCLUSION: THIS COMPANY SHALL NOT BE LIABLE FOR LOSS CAUSED DIRECTLY OR INDIRECTLY BY (a) HOSTILE OR WARLIKE ACTION IN TIME OF PEACE OR WAR, INCLUDING ACTION IN HINDERING, COMBATING OR DEFENDING AGAINST AN ACTUAL, IMPF,NDING OR EXPECTED ATTACK, (1) BY ANY GOVERNMENT OR SOVEREIGN POWER (DE JURE OR DE FACTO), OR BY ANY AUTHORITY MAINTAINING OR USING MILITARY, NAVAL OR AIR FORCES; OR (2) BY MILITARY, NAVAL OR AIR FORCES; OR (3) BY AN AGENT OF ANY SUCH GOVERNMENT, POWER, AUTHORITY OR FORCES, IT BEING UNDERSTOOD THAT ANY DISCHARGE, EXPLOSION OR USE OF ANY WEAPON OF WAR EMPLOYING NU- CLEAR FISSION OR FUSION SHALL BE CONCLUSIVELY PRESUMED TO BE SUCH A HOSTILE OR 'AAR- LIKE ACTION BY REVOLUTIONS CIVIL WAR, USURPED POWER, OR AOCTION OR TAKEN BY GOVERNMENTAL AUTHORITY IN HINDERING, COMBATING OR DEFENDING AGAINST SUCH AN OCCURRENCE. FROM, CONTRIBUTED TOTORSAG� AVAT SHALL NOT BE LIABLE FOR LOSS CAUSED BY, RESULTING (a) FLOOD, SURFACE WATER, WAVES. TIDAL WATER OR TIDAL WAVE, OVERFLOW OF STEAMS OR OTHER BODIES OF WATER, OR SPRAY FROM ANY OF THE FOREGOING, ALL WHETHER DRIVEN BY WIND OR NOT; (b) WATER WHICH BACKS UP THROUGH SEWERS OR DRAINS; (c) RATER BF,LO\17 THE SURFACE OF THE GROUND INCLUDING THAT WHICH EXERTS PRESSURE ON OR FLOWS, SEEPS OR LEAKS THROUGH SIDEWALKS, DRIVEWAYS, FOUNDATIONS, WALLS, BASEMENT OR OTHER FLOORS, OR THROUGH DOORS, WINDOWS OR ANY OTHER OPENINGS IN SUCH SIDEWALKS, DRIVEWAYS, FOUNDATIONS, WALLS OR FLOORS; UNLESS LOSS BY EXPLOSION AS INSURED AGAINST HEREUNDER ENSUES, AND THEN THIS COMPANY SHALL BE LIABLE FOR ONLY SUCH ENSUING LOSS. OTHER PROVISIONS: A claim for loss by any peril insured against by this endorsement shall not be barred because of change of occupancy, nor because of vacancy or unoccupancy. THIS ENDORSEMENT DOES NOT INCREASE THE AMOUNT(S) OF INSURANCE PROVIDED IN THIS POLICY. If this Policy covers on two or more items, the provisions of this endorsement shall apply to each item separately. APPORTIONMENT: THIS COMPANY SHALL NOT BE LIABLE FOR A GREATER PROPORTION OF ANY LOSS LESS THE AMOUNT OF DEDUCTIBLE, IF ANY, FROM ANY PERIL OR PERILS INCLUDED IN THIS ENDORSEMENT THAN (I) THE AMOUNT OF INSURANCE UNDER THIS POLICY BEARS TO AMOUNT OF FIE INSURANCE COVERING THE PROPERTY, OR WHICH wnllr THE WHOLE PROPERTY EXCFPT RnR muc n111 -1 --, __ OF DEDUCTIBLE, IF ANY, THAN THE (AMOU?vT HEREBY INSURED BEA COLLECTIBLE, OR NOT, COVERING IN ANY MANNER SUCH LOSS, OR SUCH LOSS EXCEPT FOR THE EXISTENCE OF THIS INSURANCE; EXC OTHER THAN FIRE EXTENDED TO COVER ADDITIONAL PERILS OR I TO ANY LOSS TO. WHICH THIS INSURANCE ALSO APPLIES, OR WOU. LOSS EXCEPT FOR THE EXISTENCE OF THIS INSURANCE, THE LIMIT INSURANCE, FOR SUCH LOSS, HEREBY DESIGNATED AS "POINT LOSS AS IF IT WERE THE ONLY INSURANLOSS THAN THE LIMIT OF ITS L. CE, AND THIS TYPE OF INSUR. GREATER PROPORTION OF JOINT TO THE SUM OF ALL SUCH LIMITS. THE LIABILITY OF THIS COMPAD FOR SUCH POINT LOSS SHALL BE LIMITED TO ITS PROPORTIONATE OF THIS AND ALL OTHER INSURANCE OF THE SAME TYPE. THE W'ORI FOREGOING, MEAN THAT PORTION OF THE LOSS IN EXCESS OF ANY, TO WHICH THIS ENDORSEMENT AND OTHER TYPES OF INSTIRA APPLY. PROVISIONS APPLICABLE ONLY WHEN T BUSINESS -INTARRUFTION, TUITION FEES, I ,} '<ITAL VALUE, LEASEHOLD INTEREST OR PLIED TO LOSS, MEANS LOSS, AS LIAD'IE ' ECT LOSS TO DESrR IRFn nnnnanm., .... ,, THE MN OR TENANT OVERED THE OR NOT, AND �L PERIL OR ,PT IF ANY TYPE OF VINDSTORM INSURAN D HAVE APPLIED TO OF LIABILITY OF EA( " SHALI, FIRST BE D: INCE SHALL BE LIAR OF THE _AGGREGATE A "VURW�WENT IS 2A EXPENSE, ADDITIONAL HLip NG E %PEN E, URENIR' HER CONSEQUENTIAL LOSS: THE TF.RSI "DIRF:,CT,' ND CONDITIONED iN SUCH POLICY, RESULTING F: 1-IE PFRIL(S) INSURED AGAINST; AND WHILE THE B ESCRIBED BUILDINGS) IS INTERRUPTED BY A S SHALL NOT BE LIABLE FOR ANY LOSS DUE TO I > 3, REPAIRING OR REPLACING THE PROPERTY DAMA� - CONTINUATION OF BUSINESS. 5 ;.._ TARDARD FORMS BUREAU FORM 585 -NS (Oct. 1958) a VANDALISM AND MALICIOUS MISCHIEF ENDORSEMENT 1 (FOR USE ONLY WITH EXTENDED COVERAGE ENDORSEMENT) PAPX _ 1. In consideration of the premium for this coverage as shown on the first page of this policy, and subject to the proviJ STA Policy of fire insurance and the Extended Coverage Endorsement attached thereto and of this endorsement, the coverage, Extended Coverage Endorsement is hereby extended to include direct loss to the described property from Vandalism and Ma'. ef. THE TERM "VANDALISM AND MALICIOUS MISCHIEF" AS USED HEREIN IS RESTRICTED TO j "CLUDES ONLY WILFUL OR MALICIOUS PHYSICAL INJURY TO OR DESTRUCTION OF THE DESCR:i VPERTY. it WHEN THIS ENDORSEMENT IS ATTACHED TO A POLICY COVERING DIRECT LOSS TO THE LL HIED PROPERTY, THIS COMPANY SHALL NOT BE LIABLE UNDER THIS ENDORSEMENT FOR ANY LOSS - (a) TO GLASS (OTHER THAN GLASS BUILDING 11140e E8') CONSTITUTING A •PAcRTAaF -THE BUILDING; (b) FROM PILFERAGE, THEFT, BURGLARY OR LARCENY, EXCEPT LOSS BY WILFUL OR MALICIOUS PHYSICAL INJURY TO OR DESTRUCTION OF A BUILDING DESCRIBED AND COVERED HEREUNDER; (c) BY EXPLOSION, RUPTURE OR BURSTING OF STEAM BOILERS, STEAM PIPES, STEAM TURBINES, STEAM ENGINES OR ROTATING PARTS OF MACHINES OR MACHINERY, OWNED, OPERATED OR CONTROLLED BY THE INSURED OR LOCATED IN THE BUILDING(S) DESCRIBED IN THIS POLICY; (d) FROM DEPRECIATION, DELAY. DETERIORATION, OR LOSS OF MARKET; NOR UNLESS SPECIFICALLY ENDORSED HEREON IN WRITING, FOR ANY LOSS RESULTING FROM CHANGE IN TEMPERATURE THIS FROM ANY OF THE CAUSES LISTED IN SUBDIVISIONS (b), (c) or (d) OF PARAGRAPH NO. 3 ABOVE. 5. THE PERMITTED PERIOD OF VACANCY AS PROVIDED BY SAID FIRE POLICY SHALL APPLY TO LIABILITY UNDER THIS ENDORSEMENT EXCEPT WHEN SUCH PERMITTED PERIOD IS IN EXCESS OF THIRTY DAYS, IN WHICH CASE THIS COMPANY SHALL NOT BE LIABLE FOR LOSS UNDER THIS EN- DORSEMENT OCCURRING WHILE THE DESCRIBED BUILDING IS VACANT BEYOND A PERIOD OF THIRTY DAYS, WHETHER OR NOT SUCH PERIOD COMMENCED PRIOR TO THE INCEPTION DATE OF THIS EN- DORSEMENT; BUT A BUILDING IN PROCESS OF CONSTRUCTION SHALL NOT BE DEEMED VACANT. 6. NUCLEAR EXCLUSION: LOSS BY NUCLEAR REACTION OR NUCLEAR RADIATION OR RADIOACTIVE CONTAMINATION, ALL WHETHER CONTROLLED OR UNCONTROLLED, IS NOT INSURED AGAINST BY THIS ENDORSEMENT, WHETHER SUCH LOSS BE DIRECT OR INDIRECT. PROXIMATE OR REMOTE, OR BE IN WHOLE OR IN PART CAUSED BY, CONTRIBUTED TO, OR AGGRAVATED BY VANDALISM AND MALI- CIOUS MISCHIEF. Ae �� 585 -NS OCL 1959 PACIFIC DEPARTMENT 315 MONTGOMERY STREET SAN FRANCISCO 4 Insured's Name and Mailing Address THE i AN ,cis v � jNS�c,�GoMrn� STOCK COMPANY DONALD W. TOSH & IAN ':'., TOSH, DBA: TOSH FROT.IIERS rND CITY OF NEWPORT - BEACH, CALIFORNIA 6 -13 -63 6-13-68 Inception (Mo. ay Yr.) Explratlon7(Mo. Day Yr.) Y ars MEMORANDUM OFINSURANdE No. S 417714 �y JAY dft 333 N. NEWPORT BLVD., NEWPDRT BEACH, CALIF. Telephone Liberty B -1185 It is important that the written.,poNlo L� _1 ,E__i O Idias corning Me yrmP oropertY read n...er.. .rye r/ they do aotxlhon+bI h OftiIRJY'IQMLA INSURANCE IS PROVIDED AGAINST ONLY THOSE PERILS AND FOR ONLY THOSE COVERAGES INDICATED BELOW By A PREMIUM CHARGE AND AGAINST AMOUNT I DPP RATE and $11,000.00 $ 1.08 $ $ 118.80 FIRE AND LIGHTNING x x x x x x x $ . 043 $ $ 4.733 EXTENDED COVERAGE $ . G08 $ $ .8 V & IAM r $ $ 5 y S $ 22.05 TOTAL PREMIUM TOTALS) $ $ 124.41 FOR POLICY TERM UNDER D. P. P. P. Amount Firs or Fire Par Cenf of DESCRIPTION AND LOCATION OF PROPERTY COVERED It�n and Estendad Cer- Co-lmurenea Show construction, type of root and Ne. ma", m OMar, Peril App{icabN roma{nly Me propamy covered. If xeuplaxsn upaa n Fdy w of buldsry(r ) m ox families. I._$ NIL NIL CONCRETE ROOF CLASS "li11 BUILDING OCCUPIED AS A REETAURANT SITUATED: CORONA DEL : -:ARt STATE —CITY OF NEWPORT BEACH, PP,RKI SHOHE.ROAD, NEWFORT BEACHt CALIFORNIA 2. APhgXMAS Troo %-rq ON FURNITURE. FIXTi; ?ES & EQiiIPMEPAP" 1ASMILEOW. D.' Dated: 011k; W W. ct ". ;,� WALTER W. CHARAMZ4 Cfly r...urrley City'A{fc By--- ........... By ..._l._: - J �;` ''l �Hr.�,_,S.E.. TULLY . SEYM UR ft- JWWt►ei'0iA"ISMt9b' I+719S 4/62 202 NE.'' 4/62 166NE 2/63 585NS AJ9f8A6r1I Mortgage Clause: Subject to the provisions of the mortgage clause attached to policy, loss, if any, on building items, shall be payable to: ELSTER'S (CIIATTEL i- fORTGAGEE) 115 SOUTH LOE iNGEL S ST., LOS ANGELES, CALIFORNIA Agency at NEWFORT BEACH, Countersignature Date JUNT 13, 1963 Y RENFRu IN CONSIDERATION OF THE PROVISIONS AND STIPULATIONS THEREIN OR ADD T ERETO AND OF the above specified dollars premium, this Company, for the term of years specified above from inception dote shown above At n (Standard Time) to expiration dare shown above At Noon (Standard Time) at location of property involved, to an amount not exceeding the above specified dollars, has insured the insured nomad above and legal representatives, to the extent of the actual cash value of the property at the time of loss, but not exceeding the amount which it would cost to repair or replace the property with material of like kind and quality within a reasonable time after such loss, without allowance for any increased cost of repair or reconstruction by reason of any ordinance or law regulating construction or repair, and without compensation for loss resulting from interruption of business or manufacture, nor in any event for more than the interest of the insured, against all LOSS BY FIRE, LIGHTNING AND BY REMOVAL FROM PREMISES ENDANGERED BY THE PERILS INSURED AGAINST IN THE POLICY, EXCEPT AS THEREINAFTER PROVIDED, to the property described therein while located or contained as described in the policy, or pro rata for five days at each proper place to which any of the property shall necessarily be removed for preservation from the perils insured against in the policy, but not elsewhere. This Memorandum is for information only; it is not a contract of insurance but attests that a policy as numbered herein, and as if stands at the date of this certificate, has been issued by the company. Said policy is subject to change by endorsement and to assignment and cancellation in accordance with its terms. k STANDARD FORMS BUREAU FORM 199 (Jam 1948) , ENDORSEMENT Attached to and forming part of Policy No .......... S417.7.19.....of the.....P'�N.�YZIy�E ?�s�FNSU ���4CE....CO.........._.. Issued to. DONALD_W— .2.03Y.,....ET. Al " " " "��" ' "' GIVE I.S.FED '9 NgML qNG NAILING PpORE99 ............... .................................................. ................................................................. .................................... . ................ .................. .......... .................. . Agency at .... N.EWRO.Al'. T.... p ANp 9TnTE ..................................... ....................._........� Dated.... .- .3I'•3....0 TOwN ........ Property Insured ................ _....9TATE WNETNCR BUILDING. Mq CNINEPY. OR STOCK. AND WXETN ER COVERAGE 19 SPECIFIC OR BLq NItET. IG 9PECIFIC" "'"" "' " " " GIVE n MOUNT IGI A NO Rw CIE1 w TO EI.CN ITEM.GEE.R1 TO INOICFTE PERCENT4GE OP AVERAGE CLAV9E1I1 ANY { ......_ .........................................._......._..._. ...................__...__...S. F. B. Form No ...... ......... As E.C.E. att'd ? ...... CE aR No... Average Clause ... ......... % Locationof Property ..................... .. ........ ......... ........................ ................................................................................................ ....................... .......... ................. City Town ......._ ...............__..................._...._ ...._..................._...... Count y.........._.__....._.......... .............................., State .......................................... .............. Map Sheet .................. Block.. ..... .......... . Street No................... Special Rate Page.................. Line.................. Full Term Premium $ .................. If risk is not specifically rated or shown on Sanborn Map, give construction and occupancy of building and indicate all exposures and Commencement of Policy ..... 6.- 13.-.6.3.. Expiration of Policy.6.- 2,3.,68....... Effective date of this Endorsement.._..6.�13�6.3" AMOUNT INSURED OLD RATE NEW RATE ADDITIONAL PREMIUM RETURN PREMIUM F'ag etEE 011, 000.00 ecE Wz THE LOSS PA.-ABEL; CLAUSE IS HERESY DELETED FROM APP ri.t.! 'ED AS, 7,--- THIS POLICY, W ATE? `W CHAIR" 17 City A!Iornev By Ass;stont City Attorney; IYYp[MAPF ....... 199 ................... .........._.................... tAg��uV. ... nat........................ ....Agent IMPIRMI JBa. 1949 5{8nature ��� NEC. W u.. ort .... JAY & R®P4FR0 in .j a. ww 0 40 .a zo Spi 0 it 4 STANDARD FORMS BUREAU FORM 585 -NS (Oct. 1950 ,J ' VANDALISM AND MALICIOUS MISCHIEF ENDORSEMENT (FOR USE ONLY WITH EXTENDED COVERAGE ENDORSEMENT) YAAAQMPH Hc. 1. In consideration of the premium for this coverage as shown on the first page of this policy, and subject to the provisions of this policy of fire insurance and the Extended Coverage Endorsement attached thereto and of this endorsement, the coverage under said Extended Coverage Endorsement is hereby extended.to Include direct loss to the described property from Vandalism and Malicious Mischief. 2. THE TERM "VANDALISM AND MALICIOUS :'.MISCHIEF° AS USED HEREIN IS RESTRICTED TO AND INCLUDES ONLY WILFUL OR MALICIOUS PHYSICAL INJURY TO OR DESTRUCTION OF THE DESCRIBED PROPERTY. 3. WHEN THIS ENDORSEMENT IS ATTACHED TO A POLICY COVERING DIRECT LOSS TO THE DE- SCRIBED PROPERTY, THIS COMPANY SHALL NOT BE LIABLE UNDER THIS ENDORSEMENT FOR ANY LOSS (a) TO GLASS (OTHER THAN GLASS BUILDING BLOCKS) CONSTITUTING A PART OF THE BUILDING; (b) FROM PILFERAGE, THEFT, BURGLARY OR LARCENY, EXCEPT LOSS BY WILFUL OR MALICIOUS PHYSICAL INJURY TO OR DESTRUCTION OF A BUILDING DESCRIBED AND COVERED HEREUNDER; (c) BY EXPLOSION, RUPTURE OR BURSTING OF STEAM BOILERS, STEAM PIPES, STEAM TURBINES, STEAM ENGINES OR ROTATING PARTS OF MACHINES OR MACHINERY, OWNED, OPERATED OR CONTROLLED BY THE INSURED OR LOCATED IN THE BUILDING(S) DESCRIBED IN THIS POLICY; (d) FROM DEPRECIATION, DELAY, DETERIORATION, OR LOSS OF MARKET; NOR UNLESS SPECIFICALLY ENDORSED HEREON IN WRITING, FOR ANY LOSS RESULTING FROM CHANGE IN TEMPERATURE OR HUMIDITY. 4. WHEN THIS ENDORSEMENT IS ATTACHED TO A POLICY COVERING BUSINESS INTERRUPTION, LIVING FROM ANY OF THE CAUSES LISTED IN SUBDIVISIi 5. THE PERMITTED PERIOD OF VACANCY AS LIABILITY UNDER THIS ENDORSEMENT EXCEPT THIRTY DAYS, IN WHICH CASE THIS COMPANY EXCLUSION anp M CN 585 -NS ncc us w.. OOL 1958 RENTS, LEASEHOLD INTEREST, PROFITS AND COM- ANY SHALL NOT BE LIABLE UNDER THIS ENDORSE - ESCRIBED PROPERTY WHEN SUCH DAMAGE RESULTS )NS (b), (c) or (d) OF PARAGRAPH NO. 3 ABOVE. PROVIDED BY SAID FIRE POLICY SHALL APPLY TO WHEN SUCH PERMITTED PERIOD IS IN EXCESS OF SHALL NOT BE LIABLE FOR LOSS UNDER THIS EN: BUILDING IS VACANT BEYOND A PERIOD OF THIRTY ICED PRIOR TO THE INCEPTION DATE OF THIS EN- 'ONSTRUCTION SHALL NOT BE DEEMED VACANT. BY NUCLEAR REACTION OR NUCLEAR RADIATION OR RADIOACTIVE CONTROLLED OR UNCONTROLLED, IS NOT INSURED AGAINST BY UCH LOSS BE DIRECT OR INDIRECT, PROXIMATE OR REMOTE, OR BE lY, CONTRIBUTED TO, OR AGGRAVATED BY VANDALISM AND MALI- CITY OF NEWPORT BEACH CITY ATTORNEY DEPARTMENT May 27, 1963 To: Purchasing Agent From: City Attorney Subject: Fire insurance coverage on concession at Corona del Mar Beach Park We are returning without approval memorandum of insurance No. S 417719. The concession agreement between Tosh Brothers and the City provides at Paragraph 18 that the concessionaire has the duty to provide fire insurance on the fixtures and equip- ment used by the concessionaire in the conduct of its business. It is further provided that in the event of destruction, loss or damage of the property insured, all proceeds from such insur- ance shall be deposited in a bank approved by the City and used by the concessionaire only for the purpose of replacing, repairing and restoring the fixtures and equipment. The memorandum of insurance contains a mortgage clause which provides that the proceeds of the policy are payable to Elster's (Chattel Mortgagee), 115 South Los Angeles St., Los Angeles, California. This provision is in conflict with Para- graph 18 of the concession contract with the City referred to above. In order to make the insurance coverage acceptable, the provision providing for payment of the proceeds to the Chattel mortgagee must be deleted from the insurance policy. The contract file is returned. Walter W. Charamza City Attorney By TullV H. a our THS :mec Assistant City Attorney Encs. _ w JAY & RENFRO INSURANCE BROKERS P.O. BOX 1607 333 N. NEWPORT BLVD. NEWPORT BEACH. CALIF. LIBERTY6.1166 NOTICE OF INSURANCE BINDER Loss PAYABLE City of Newport Beach, GENTLEMEN: PLEASE BE ADVISED THAT INSUR- ENDORSEMENT l• IN FAVOR OF Newport Beach, California ANNE HAS BEEN ORDERED AND BOUND AS SHOWN, PENDING ISSUANCE OF A POLICY TO YOU. PLEASE ACCEPT THIS FORM AS A BINDER. NAMEO INSURED Tosh Brothers PROPERTY INSURED Corona Del Mar Beach DATE INSURING COMPANY DATE AT .. I EXPIRATION DATE AT C O V E R A G E AUYO.,_._. (� r FIRE B.I. LIMrt5 50011, 000, 0,00 (LJI FIRE Dwl6. $.... ... ... ❑ FIRE CONTENTS $ . P.O. LIMITS 50,000 _ uMCMEOWHER$ ❑ MED. LIMITS ❑�}} E C Z C3 9R OPD T00.1A ❑ COLLISION 5 r DEDUCT �D SPED. FORM ❑ A. P. L. ❑ COM Pfl EM ENBIVE ❑ A. C. V. ❑ $ DEDUCT I.J COMMERCIAL ❑ R TO V.LVE OTHER OR REMARKS Renewal policy to follow - Certificat.e.Of Ins.ur..ance.. with thirty days (30) written notice . PREMIUM TO BE BASED UPON ❑ PREMIUM TO BE DETERMINED ALTNORIZED SIGNATURE FILED INSVROR RATES BY VNDERW pIT ING G r N_ E u. ask, I Ill MEMOK414DUM OF INSURANCE R0YAL MONONY C 0 M P A N Y pQQ A New York Corporation New York, N. Y. N��./KF67J9JJ N PACIFIC DEPARTMENT 201 SANSONE STREET SAN FRANC15C0 20, CALIFORNIA Named Insured and Mailing Address Lq h Y 0p e ,,,r���pppLLL yt ^aYRI1N� iniie'elsL 0 S-; a TO".SH AND IAN Me aO H IF D"-*70." BROTHERS,, CITY OF NEWPORT E-EAC"s CALIF. Policy Term Years EXECUTIVE OFFICE 150 WILLIAM STREET NEW YORK 3B. NEW YORK Agent or Broker PH 333 N. NEWPORT BLVD., NEWPORT BEACH, CALIF, Telephone Liberty 8 -1185 It Is Important that the written portions of all policies covering the same property read exactly alike. If they do not, they should be made uniform at once. INSURANCE IS PROVIDED AGAINST ONLY THOSE PERILS AND FOR ONLY THOSE COVERAGES INDICATED BELOW BY A PREMIUM CHARGE AND AGAINST OTHER PERILS AND FOR OTHER COVERAGES ONLY WHEN ENDORSED THEREON OR ADDED THERETO. AMOUNT I RATE I $ $ DPP ANN $ 11 XI 6i'br-L'oCo $ 1e1og. $ $ 0 $ --,-7 $ $ TOTAL PR TOTAL(S) $ FOR PM, T UNDER D. P. aunt Fire or Fire I Per Cent of I . - $ 11,ow —.00 and $ FIRE AND LIGHTNING $ 122.001 dMIXXX*WWX F I RE AND L I GHT. $ 7p00 EXTENDED COVER. $ 1 $ AND LOCATION OF 100% ON €LIPNITWE, FIXTURES Vk TEXANTOS INPROVE"14ENTS. IN A 90 CLASS RESTAURANT, SIT. AT CAA DEL MARv STATE < -EACH PARR, SHORE ROADis NEWPORT I:EACHIs Cwt DEL MARI, CALIF. Subject to Form Halt). Mortgage Clause: Subject -F , gegn( ,yt,+dne �lat�e�6s�,jf�� or luF rasW )e payable to: Countersignature Date e jr.• Agency K IN CONSIDERATION OF THE PROVISIONS AND ST"Y0VLAt'Tb PP '§tWEREIN OR ADDED THERETO AND OF the above specified dollars premium, this Company, for the term of years specified above om inception date shown above At Noon (Standard Time) to expiration date shown above At Noon (Standard Time) at location of property involved, to an amount not exceeding the above specified dollars, has insured the insured named above and legal representatives, to the extent of the actual cash value of the property at the time of loss, but not exceeding the amount which it would cost to repair or replace the property with material of like kind and quality within a reasonable time after such loss, without allowance for any increased cost of repair or reconstruction by reason of any ordinance or law regulating construction or repair, and without compensation for loss resulting from interruption of business or manufacture, nor in any event for more than the interest of the insured against all LOSS BY FIRE, LIGHTNING AND BY REMOVAL FROM PREMISES ENDANGERED BY THE PERILS INSURED AGAINST IN THE POLICY, EXCEPT AS THEREINAFTER PROVIDED, to the property described therein while located or contained as described in the policy, or pro rata for five days at each proper place to which any of the property shall necessarily be removed for preservation from the perils insured against in the policy, but not elsewhere. This Memorandum is for information only; it is not a contract of insurance but attests that a policy as numbered herein, and as it stands at the date of this certificate, has been issued by the Company. Said policy is subject to change by endorsement and to assignment and cancellation in accordance with its terms. ROYAL INSURANCE COMPANIES CERTIFICATE OF INSURANCE (DONALD W. TOSH AND IAN M. TOSH F Named DBA: TOSH BROTHERS ' "'aid 5283 APP I AN WAY Prodacer Address LONG BEACH, CALIF. L _J L GLOBE 333 N. NEWPORT BLVD., NEWPORT BEACH, CALIF. I Telephone liberty 8 -1185 The policies indicated herein apply with respect to the hazards and for the coverages and limits of liability indicated by specific entry herein, subject to all the terms of such policies. This certificate is issued as a matter of information only and confers no rights on the 1 J COMPANY ROYAL I ND. CO. DATE 5/8/66 HAZARDS POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE COVERAGES AND LIMITS OF LIABILITY BODILY INJURY LIABILITY PROPERTY DAMAGE LIABILITY EACH PERSON EACH ACCIDENT EACH ACCIDENT AGGREGATE General Liability Premises- Operations LP 173 187 5/8/66 5/8/69 L 500 ,DDD s I , 000DDD L 50 ,DDD L 50 ,DDD Elevotors s ,000 s ,000 s ,000 Independent Contraclors S 000 $ 1000 $ 1000 $ ,000 Products - Completed Operations s ,000 s ,000 s ,000 s ,000 AGGREGATE• s 000 Contraauobas described below s ,000 s ,000 s 1000 s ,000 Aabmobile Liability Owned Automobiles s ,000 1 s ,000 5 000 Hired Automobiles s ,000 a 000 s ,000 Non -Owned Automobiles R P I s 00 ,000 b 1,000000 s 000 Workmen's Compensation COMPENSATION- STATUTORY -STATE (S) LOCATION AND DESCRIPTION OF OPERATIONS, AUTOMOBILES, CONTRACTS, ETC. (FOR CONTRACTS. INDICATE TYPE OF AGREEMENT, PARTY AND DATE.) [—CITY OF NEWPORT BEACH This is to certify that the Company named herein has e sured the policies listed above. Issaed issued to the Nam At The Request �� OI L J r .A i trr esrnf9live V CL 20999 a 60M SETS I6tREV. 1-66 JAY REIN..' v 4 W V a a a w z W ,x w a U V 6 z Q z d A Q V� h MM F z a d z F A W 9 w C � O " H F o d Q `o W FCi w a m f O a M o Z Y W .-V. �y L�•w V v C N o s � yaF' o .-1� a papd Y o _ 0 =,6 90 O N y E Es N J Y E y 0T° � , W yO� CmA� � w0 obi N p k N TV N .NmOwG 9 � VN$ G _TL CL o N La V T 00 T» y o o'a v «a m =R'S .Y. , o .i0. mom° c E avE °yo v C y E V V E y°° O Y G h O y O c.p m •° O w Y m V V Y Y W aam O v v'-cB E� v 3 co U dTE�3 c swv m" °yu T•O o °d, � a � •o « c V r q c N O�SV 3 4 s V v° V E a J v ! \ CQ k� a OM 4\0 ^ . ! AM | %? /00 E �0; | & � §� ° x y E !% q § § Bu ;I � � •� \\ |j L �6 \\F,6 � 7 7 x � k � k ! \ § k. Comprehensive General- Autompbile PARTNERS AS NAMED INSURED END. #+7 This endorsement is issued for attachment to and is hereby made a part of the policy designated below and is effective as of the date indicated, at 12:01 A.M., standard time at the address of the named insured as stated in the policy. RLr TOSH BROTHERS Effective Date It is agreed that the policy except with respect to the ownership, maintenance, operation or use of automobiles applies to named partners of the partnership named in the declarations only while acting within the scope of their duties as such. This endorsement is subject to all terms, conditions and exclusions of the policy which _�re `npt itnsistmn herewith. Signaifure of Author' sentative C166396 -3M -463 END. X66 THREE YEAR POLICY ENDORSEMENT It is agreed that such insurance as is afforded by the policy applies subject to the following provisions: 1. The policy period stated in the declarations is comprised of three consecutive annual periods. 2. Rates for the automobile hazards are subject to amendment for the second and third annual periods in accordance with the company's rules and rating plans. 3. Computation and adjustment of earned premium shall be made at the end of each annual period. 4. Aggregate limits of liability as stated in the policy shall apply separately to each annual period in the same manner in which they would apply if the policy period were one year. p Attached to and hereby made a part of Policy No. RLP 173187 %cued by the ROYAL Indemnity Company io -TQrJI F�itO�I'FERJ Countersigned: 9A 1 l� utl 4d Representative (44 JAY CT P�44 Paasmsm CL -40134 STANDARD COMPREHINSM ED AL IND. CO. TOSH BROTHERS F This endorsement is issued for attachment to and is hereby made a part of the policy designated above, and is effective as of the date indicated, and at the effective hour stated in the policy, standard time at the address of the named insured as stated in the policy. END. #5 ENMRSRNwr s INCL 7 L J IT IS HEREBY UNDERSTOOD AND AGREED BY THIS COMPANY THAT IN THE EVENT OF CANCELLATION OF THIS POLICY, EITHER BY THIS COMPANY OR AT THE REQUEST OF THE INSURED, CITY OF NEWPORT BEACH WILL BE GIVEN 30 DAYS NOTICE IN WRITING BEFORE SUCH CANCELLATION SHALL BECOME EFFECTIVE. ANYTHING IN THE PRINTED CONDITIONS OF THIS POLICY TO THE CONTRARY NOTWITHSTANDING. This endorsement is subject to all terms, conditions and exclusions of the policy -which are not inconsistent herewith. CL20029N,250M -1.65 Signature of Aut ari tuive SAY & RENF> 0' This endorsement is issued for attachment to and is hereby made a part of the policy designated above, and is effective as of the date indicated, and at the effective hour stated in the policy, standard time at the address of the named insured as stated in the policy. F- --I L J IN CONSIDERATION OF PREMIUM CHARGED IT IS AGREED THAT ALL COVERAGE IS EXCLUDED FOR ALL EXPOSURES AT THE INSURED'S LOCATION AT HUNTINGTON BEACH, CALIFORNIA This endorsement is subject to all terms, conditions and exclusions of the policy whit crreeenno /t, inconsistent herewith. CL20029N,250M•1.65 a of A R esentative LU Coln'"Io sxnoaaeaPrr This endorsement is issued for attachment to and is hereby made a part of the policy designated above, and is effective as of the date indicated, and at the effective hour stated in the policy, standard time at the address of the named insured as stated in the policy. L J THE CITY OF NEWPORT BEACH IS HOT LIABLE FOR THE PAYMENT OF ANY PREMIUMS OR ASSESSMENT ON THIS POLICY. This endorsement is subject to all terms, conditions and exclusions of the aref hot inconsistent herewith. CL20029N -25oM -7.65 Signatur of Representative Yates. END. MOTHERS This endorsement is issued for attachment to and is hereby made a part of the policy designated above, and is effective as of the date indicated, and at the effective hour stated in the policy, standard time at the address of the named insured as stated in the policy. L J EXCLUSION OF OWNED AUTOMOBILES IT IS HEREBY UNDERSTOOD AND AGREED THAT SUCH INSURANCE AS IS AFFORDED BY THIS POLICY DOES NOT APPLY TO OWNED AUTOMOBILES. This endorsement is subject to all terms, conditions and exclusions of the polic ww. is are not inc istent herewith. ��G Z, CU0029N,250M•1 -65 .. � 4a7tiw"1VY'ldof Au resentative run 41 Policy Symbol and Nu r e of N—Miany Endonement DAN (Mo., Day, Yr. Producer a o. RLP 01 13877a me IND. CO. Addition AdditiondT From= Return Fromiuss TOSH BROTHERS 1 + + This endorsement is issued for attachment to and is hereby made a part of the policy designated above, and is effective as of the date indicated, and at the effective hour stated in the policy, standard time at the address of the named insured as stated in the policy. L J "THE FOLLOWING ARE AWED AS ADDITIONAL INSUREDS BUT ONLY WITH RESPECT TO THEIR INTEREST IN PROPERTIES LEASED TO DONALD W. TOSH AND IAN TOSH LOCATED AT BIG CORONA BEACH: I. THE CITY OF NEWPORT BEACH 2. THE STATE OF CALIFORNIA AND THEIR OFFICERS AGENTS AND EMPLOYEES. This endorsement is subject to all terms, conditions and exclusions of the polic j not inconsis t herewith CL20029N-250M -I65 � � .,.,I — _rSytO,!tfe of Authori ed a fMati ve I SCHEDULES Advance Promislaas Dascription of Automobile Hazards (Io pnryorn of Use oulaman "C" mrao. "commertid" 'P" reeaer "Plnrare sad basis,"." each ac defined in this policy) Coverage A Bodily Injury Liability Coverage B Proper" Dismiss Liability (1) Owned Automobiles Premium Basis —Per Automobile Year of Principally Garaged In Model Body r'ypa and Model; Truck Identification No. Pur. Size; Tank Gallonage Capacity; or Serial No. or poses Trade Name or Bus Seating Capacity Engine No. of Use $ i Graded Premium Reduction Coverage A (2) Hired Automobiles Premium Basis —Cost of Hire 19.00 M.P 6 -00 M.P Principally Purposes Estimated Types Hired Used In of Use Coat of Hire Ratesper$100 Coetof Hire Coverage A Coverage B r1t0YS / t (3) Non -Owned Automobiles Premium Basis —Class 1 Persons and Class 2 Employees Class 1 Persons —Total Location of Headquarters Number by Locations Rate Per Person Coverage A Coverage B Class 2 Employees -- Estimated Location of Headquarters of Average Number Cis" 2 Employees 4 NEWPORT BEACH, CALIF. T -86 Rate Per Employee Coverage A Coverage B 277 .113 Supplementary Charge ,OVERED WALK 03 9 -V ` 13.00 otal Advance AutomTobile Premium is 19. Do 6. oo Description of General Liability Hazards Rates Advance Premiums The eating classifications under the Drecripdoa of Hazard, do not Code No. Modify the exclusions or other terms of this policy. Premium Bases Coverage Coverage I Coverage Coverage A C A C (a) Premises— Operations (a) Area (w. ft.) (b) Fronnse (a) Per 100.,. (b) Per Linear ft. Area Ft. r1t0YS / t (t) per $100ofRemantmtioa ANNUALS )RONA DEL MAR BEACH ZESTAURANT 0170S A)1008 11.89 .189 120.00 2.00 ,OVERED WALK 03 9 FLAT 41.00 13.00 CQU(PMENT RENTAL 0365 D)10,000. .41 .189 41.00 19.00 \DD'L INTEREST 3.00 1.00 M.P M.P (b) Elevators Number Insured Per Elevuor (c) Independent Contractors cot Per 5100 of Cott I (d) Products (Including Completed Operations) sales P"3105 0 of Safes !ESTAURANT 11225 120,000. _529 i .009 1 63.00 8.00 M,P (e) Contracts as Defined in Condition 3 (a) Nomber Imund (b) Cost (a) Per Cast.... u (b) Per slog of Cost Supplementary Charge Total Advance oo 4 General Liability Premium .268. 3.00 I A PaooueEa JAY & RE Ry V T NEMI ORT BEACH, CALIF. O sun- ►ROD. r. E I FW/GAL 5/12 N PoLIcY No. (CODE NEW as) POLICY RECORD I INEpBCfION I C1mCEED BY APPROvao BY I REGISTR Item DECLARATIONS AGENCY CODE RLP _a n Or N deVd' j ,*f6Mu, �, IM M. Tt,15M MAI MW N►TH MS � pn N B ax 40 W C6id Kum, CAL IPPtIRIi 1A 1!� eD�� � i�m�%' FSbL® 333 N. NEIRT BLVO., NEWPORT BEACH, CALIF. Telephone Llberly 8 -1185 RIM AM 111061 t�eIIRWIT NENTAL C ROYAL INDEMNITY COMPANY N COPY I N deVd' j ,*f6Mu, �, IM M. Tt,15M MAI MW N►TH MS � AM IAN WAY C6id Kum, CAL IPPtIRIi 1A F1 Individual L6 Partnership ❑ Corporation RIM AM 111061 t�eIIRWIT NENTAL _ Business of the named insured' 2 Policy Period: From to 12:01 A. M. standard time at the address of the named insured as stated herein. 3 The insurance afforded is only ith respect to such and so man of the following coverages as are indicated b Y P y g g y specific premium charge or charges. The limit of the company's liability against each such coverage shall be as stated herein, subject to all of the terms of this policy having reference thereto. Coverages Limits of Liability Advance Premiums A- Bodily Injury Liability Ea h pa�raosj A,� *09M.00 E cc�lnn,�� 1 .R -00 Aggro ate p atl cta I,O80s 9i'Lt10 ,gyp 28/.0]0 i $ = B- Property Dam age Liability E on cci entaeea -00 s a s s a s s■ s s ■ ■ ■ ■■ s Ls� 6 — Automobile ; Eac acci ant ����wE�a 50i0WeW AEOre ate operations � /iAaMa�1M Aggr ate pr�ot tiveaa� ►VW■W ssEa �3.� C- Property Damage Liability $ = Agor_aaal ro uCy..- F5/'IEf�li (� Aggregate c nt rActal t s s s t • ■ ■ — Except Automobile i S ys yes Endo (ut� ed�po i °:L 0121 •s�� Total. Advance Premium If Policy Period is more than one in is payable: TO K OET TO K BET e a On effective date of Policy $ •ii.•ii°�'eW 1st Anniversary $ 2nd Anniversary ; 4 During the past three years no insurer has canceled insurance, issued to the named insured, similar to that afforded hereunder, unless otherwise stated herein: N COPY QUESTIONNAIRE PsomiTes- Operations- Miscellaneous 1. Does applicant own, rent, lease, or operate any property such as: sales offices, mercantile or office buildings, apartment buildings, theatres, warehouses, stores, residences or estates? Is he a con- Yee No cessionaire on anyone else's property? ❑ ❑ 1 Does applicant own, rent, lease or occupy any land, farms, Yu No camps, docks or wharves? ❑ ❑ 3. Does applicant use or advertise through the medium of signs, posters, bulletins, placards, street banners, etc., which are placed Y,e No Is medical payments wanted on all trucks? on premises not occupied by the applicant? ❑ ❑ ¢. Does applicant act for any property in the capacity of trustee, 31. Is medical payments wanted on all pleasure cars? executor, administrator, guardian, receiver, or in any other Yee No Limit $ per person. fiduciary capacity, or as managing agent? " ❑ ❑ S. Does applicant sublet any portion of premises he owns, rents, Yee No payments? leases or occupies? ❑ ❑ 6. Does applicant do any installation, repair or construction work Yee No Does additional insured want extended medical payments? If so, off the premises? ❑ ❑ 7. Does applicant demonstrate goods or products away from the Yee No Is medical payments wanted on all premises? premises? ❑ ❑ 8. Does applicant contemplate any new construction, structural Yee No alterations or demolition work? ❑ ❑ 9. Does applicant rent or lease mechanical equipment to or from Yes No others? ❑ ❑ 10. Does applicant own or operate any railroad, locomotives, freight Yes No cars, industrial trucks, etc.? ❑ ❑ Yea No 11. Does applicant handle, sell or use explosives? ❑ ❑ 12. Does applicant own or operate any water craft? If so, are pas- Yes No sengers carried for a consideration? ❑ ❑ 13. Does applicant own or occupy an industrial village? If so, ex- plain fully, giving number of residences, churches, theatres, stores Yes No and the street mileage. ❑ ❑ Yee No 14. Does applicant have any joint operations with others? ❑ ❑ 15. Does applicant own or use any dogs away from the insured Yes No premises? ❑ ❑ Yes No 16. Does applicant employ any nurses, doctors or dentists? ❑ ❑ 17. Does applicant maintain any hospital, infirmary, clinic, first -aid Yee No station? ❑ ❑ 18. Does applicant own or operate any beauty parlor, barber shop, bathhouse, drug store, liquor store, swimming pool, sanitarium, Yes No health institution, etc.? ❑ ❑ Yes No 19. Is there any other professional or malpractice exposure? ❑ ❑ 20. If malpractice or professional exposure is let out on concession, does concessionaire carry professional liability coverage? If so, Yes No state policy term and limits carried. ❑ ❑ 21. Does applicant own, operate or use grandstands, bleachers, stadiums, clubs, gymnasiums; or sponsor any excursions, con- Yes No certs, entertainments, conventions, etc.? ❑ ❑ A. If sports contests are sponsored, are the participants Yes No limited to employees of the applicant? ❑ ❑ Independent Contractors 22. Does applicant let or sublet any work to others apart from con- Yes No struction, repair or demolition of owned or controlled premises? ❑ ❑ Products (Including Completed Operations) Note: If Products hazard is to be insured, please supply list of all products or by- products sold, manufactured, handled or distributed. 23. Is coverage desired for work completed by or for the applicant? This would refer to such things as completed buildings, or parts Yee No thereof, completed streets, or highways, etc. ❑ ❑ Contractual 24. Does applicant have any sidetrack or other agreements with Yes No railroads? ❑ ❑ Yes No 25. Does applicant have any leases containing hold harmless clauses? ❑ ❑ 26. Does applicant have any elevator or escalator agreements under Yes No lease or contract? ❑ ❑ 27. Does applicant have any agreements with dealers, manufacturers or distributors with respect to goods or products? Do such agreements or purchase order blanks contain any hold harmless Yes No clauses? ❑ ❑ 28. Has applicant assumed any liability under any municipal or other Yes No ordinance? ❑ ❑ 29. Are there any other agreements under which the applicant has Yes No assumed liability? ❑ ❑ Medical Payments Yee No 30. Is medical payments wanted on all trucks? ❑ ❑ Limit $ per person. 31. Is medical payments wanted on all pleasure cars? Yes ❑ No ❑ Limit $ per person. 32. Does named insured, if an individual, want extended medical Yes No payments? ❑ ❑ Limit $ per person. 33. Does additional insured want extended medical payments? If so, Yes No state name. ❑ ❑ 34. Is medical payments wanted on all premises? Yee ❑ No ❑ Limit $ per person. MEMORANDA Please insert hereunder any necessary extended replies t QUESTIONNAIRE — I No` MEMORANDA Please insert hereunder any necessary extended replies The following questions apply to Property Damage Liability Only 35. Are explosion and collapse hazards to be included for manu- facturing and contracting risks, the manual rates for which ex- Yes No elude these hazards? ❑ ❑ 36. Is water damage on or from premises owned or rented by ap- Yes No plicant to be included? ❑ ❑ 37. Is subsurface damage due to excavating or drilling in streets Yes No or highways with mechanical equipment to be included? ❑ ❑ Name and relationship to applicant of all affiliates or subsidiaries. In what states, territories or provinces do you own, lease or occupy premises or conduct operations? In what other states, territories or provinces do you believe it probable you may own, lease or occupy premises or conduct operations? If "Non- Ownership" exposures present, complete automobile non - ownership information blank CL21357. Details of other insurance, if any, applying to hazards referred to herein: Data R20637C 2M 1 -66 ^r-` REV. 11 -1 -57 (ingimtum of applicant, his authorised representative or company's authorised representative) A W ro J vv t� r: L t 3. n� S V y �+ t T - '^tt AR x tf xZ 4i 4� P A Y # x ^r W y J `+ Y y Telephone conversation with Robert Isenor, Lifeguard Supervisor, District VI, State of California Division of Beaches and Parks. 3/25/60 Re - Tosh Bros. Isenor was Lifeguard at Huntington Beach from 1954 to 1958. Describes Tosh Bros. as "most cooperative . . . never a complaint . . . good attitude about giving the public the breaks . . . do not gouge public . . . much better in service and quality than past operators at CDM . . . wishes all State concessionaires were of same high calibre." Telephone conversation with Wm. Weatherby, Assistant District Superintendent, Dist. VI, State of California Division of Beaches and Parks. 3/25/60 Re - Tosh Bros. Weatherby was Supervisor of Huntington Beach State Park from 1953 to 1956. "I am recommending continuation of Tosh Bros. present agreement for another contract term . . . very reputable . . . never a minutes trouble . . . always agreeable in relations locally and with Sacramento . . . can recommend very highly . . . stand up with best in the business because of type of food served and reasonable prices . . . don't gouge public . . . seem to be satisfied with making a fair profit rather than exorbitant one . . . very satisfied . . . always interested in improvements to their service . . . receptive to ideas and suggest- ions and requests, e.g, promptly replaced concession employees who State Rangers considered unsuited . . . reputation as building contractors unknown, although buildings constructed at Huntington Beach State Park were in complete accord with the specifications." i TO: EVALUATION COMMITTEE FROM: ROBERT SHELTON, CITY MANAGER SUBJECT: COMMENTS ON TOSH BROS. Telephone conversation with Mr. A. D. Philbrook, Superintendent District VI, Division of Beaches and Parks. Relationship with State has been good. Tosh Bros, contract is up for renewal and Philbrook expects to recommend it; also, State policy may require calling for bids. Feels they have done a good job for the State with little or no repercussion at the District level. Noted that Tosh Bros, built the concession buildings which are about to revert to the State. Believes they have paid about 7 1/2% of gross sales. Tosh Bros. have not handled beach rental or parking concessions. Telephone conversation with Mr. Wm. Rinehart, State Park Supervisor Huntington Beach State Park since 1956. Has highest respect for Tosh Bros. business ability. Nothing but good relations. Feels contacts with public have been handled well. Employees are mostly high school and college boys. One or other of Tosh Bros. usually on hand. Most certainly would recommend renewal of contract. Considers Tosh operation efficient and clean. Huntington.Beach State Park has four concession stands that are opened progressively as demand requires. Concessionaire must operate from 10:00'A.M. to 6:00 P.M. daily and from 10 :00 A.M. to 10:00 P.M. weekends and holidays for a six month season beginning usually in April. He has the option of being open at other times. Hot food at these stands is limited to hamburgers (35C) and hot dogs. Soft drinks and a variety of ice cream products are available. No bottles will be allowed beginning this year. Tosh for last ten years has paid State annually minimum of $700.00, or 7.5% of gross receipts. Rinehart estimates stands cost $5,000 each in 1950. Buildings were built by Tosh and revert to State next year. Terms of Tosh contract would be revised if it is renewed. The State has had unsatisfactory experience with parking lot and beach rental concessionaire at Huntington Beach. Beach rental concessionaire now pays 20% of gross. r � CONFECTIONERY FOUNTAIN SUPPLIEB BAR BUPPLIEB COCA -DULA 561 ZEM�`� CP,.+�Ot�t'd �.WL�t e4yI�lIQK� E.TA.u.M.. 1919 alb . ,a LONG BEACH 13. CALIFORNIA 6.7949 - TELEPHONES - 6.4466 25 '::arch 1960 City Manager, ?Newport Beach, a « if sir iil9.. ,ear Sir- Our Firm, under the same ownership and -aanage-acnt, has been doing business in the _Newport Beach area for cer SO years. CIGARS TOBACCO CIGARETTES SUNDRIES We have been asked cur opinion of t}:e Tosh Bros. operation at the State Fark, Huntinj"on Beach. ?Te have supplied them with resturant supplies (food), candy and related items since their or.ening a few years ago. They purchase quality foods, nationally ad- remised candy, and we are satisfied t`.at 'heir warehoueing and handling methods insure sanitation. _'heir credit standin` is excellent, and their - ,ayments, Don- inte„rity and business acwaen of the hi rsst. Ian and Don Tosh are, in our opinion, a credi'; to any comcanity and, desi; ^able neighbors. ;ery truly yours, LOIIIS. BALL & CO. Lincoln nail LF %1 CDIFIDEITIAL CREDf FURNISHED RT BY LONG BEACH CRfj&T ASSOCIATION #"-,PACIFIC AVE., LO CH 12, CALIFORNIA FOR �%°+ - �. :., .'. ` DATE 166a6D. RECEIVED ftEPORTHR PILE RECORD NEr7FY)RT B fGH T 3/18f60 -' ... 3 Sf,60 62 l 4 1 .� NAME Atilt. mggITAL BUTUG Oq WIFR SMAME DHIENDENTS OTSSB THAN WIFE. TOSH� I ,- ar y Jean I RESIDENCE - HOW LANG ' RESIOENC�.Mj11/1T/ON' 350 Pomona', Lone Beach, Calif:'. RENT ❑ � FORMER RESIDENCE OYIN ❑ . BU .❑ FORMER Rnn10ENCE OCCUPATION, EMPLOYRR BUSUNDIS ADDRESS I DATE VERIFIED TIME;EMPLOYEO NATUBl OF EARNINGS I APPROX. MOH VYNCOME PROSPRCTSFORPRRMANENCY WIFE'S EMPLOYMENT EMPLOYRR RUSINESS ADDRESS DATE VERIFIED TIME EMPLOYED MATURE OF ■ARNINGe A_PIRp%. MONTHLY INCOME . PROSPECTS FOR PERMANENCY DATE TRADE CLEARED :.: 3/18/60 DATE TYPE OPENED TERMS HIGH CREDIT ;111"NCE AMOUNT OWING PAST OUR FOR PERIOD WT PAYING HABITS PURCHASE swwK 3/5)4 Medium 3 figure..Commercial Account. Bari; No record. 11Firm :j/`.yrs .6000 current Very good on Dairy '2 yrs 30da 1500 00 : -. Satis Reynolds ?'Meat No listing . p31dgKtris rrs 30 da 600 00 Prompt 1 yr LadsF 7/50 30 da 79 o0 cl. 9155 Slow Lirbr 11/57 2140 .00 Discounted LadsF 1948 75 o0 AA Clo 1948 50 00 T nactive AA 'iuto 6/42 26 00 SANTA ANA, CALIF. reported 6/3/52: "Ref old 1400 00 AA,II ITEM OF RECORD: 1/9/41 Small Claims x#36251 Sec. lst National Ban'{ ofLA, LB Br. vs James A Cole and Ian M. Tosh $36.25 halance of unpaid note Dismissed with prejudice 1/20/41 3/1/60 Notice of Sale Tosh, Ian M and Mary trl, Caryl ?,7allace Fashilons at 5327 E. 2nd St., LB to l =tallace E and Caryl E Smith. Sale 3/11/60 No record of local co'llections. The aDOYP Information. IS tusaMSGO m reopo a to an Dam .a Eanaanaex ox rots association I= me purpose ox aNiemmO areatt HEER ann moat be hAld m s1riC! mxitldenae and -must cot be xeY to iba_ eyt reported on w to anyone ales. The Subscriber mast not ask for in -orma- F tD iue q t'r':p a eiaoit information to ltss:@ The wltbm information has been abmlnW &em wurws ti e . R� v CONFIDEt IAL CRE ORT FURNISHED BY CREDIT BUREAU OJESTERN ORANGE COUNTY 104 RIVERSIDE AVE. WPORT BEACH CALIFORNIA FOR DATE ISSUED RECEIVao REPORTER FILE RECORD SINCE 291 3 -22 -60 3 -1rA*0 drnh 3 -60 NAME AGE MARITAL STATUS OR WIFE'S NAME DEPENDENTS OTHER THAN WIFE TOSH, IAN MUNRO MARY JEAN RESIDENCE HOW LONG RESIDENCE INFORMATION 350 Pomona, Lcng Beach, Cal. RENT ❑ OWN FORMER REBIDENCS - = -'� BUY. Y ING ❑ FORMER RESIDENCE OCCUPATION EMPLOYER- YUBINE88 ADDRESS DATE VERI FIED Partner Tosh Bros., 3708 Linden, Long Brach 7, Cal. 3 -60 TIME EMPLOYED NATURE OF EARNINGS APPROX. MONTHLY INCOME PROSPECTS FOR PERMANENCY 18 yrs Profits ermi Not detned Favorable* WIFE'S EMPLOYMENT I EMPLOYER - BUSINESS ADDRESS DATE VERIFIED TIME EMPLOYED NATURE OF EARNINGS APPROX. MONTHLY INCOME PROSPECTS FOR PERMANENCY PATE TRADE CLEARED I I 3 -22 -60 I TYPE DATE TERMS HIGH CREDIT BALANCE AMOUNT FOR PERIOD PAYING HABITS LAST OPENED OWING PAST DUE PURCHASE BANK Interstate Bakeries, 2656 No. Main St., Santa Ana (ref) ;#yrs not stated 0 Prompt 3 -60 Pepsi -Cola Bottling, 1420 W. 5th St., Santa Ana (ref) #yrs 4,000 current 0 AA No local trade reporting - ndw to our files. LONG BEACH, CAL., reported 3- 22 -60; file since 4 -55. Ism Munro Tosh a partner with his brother, Donald Tosh is the building contracting business for 18 years. Thby also own 3 concessions at the Huntington Beach State Park on ten year lease valued at $18,000. eported to have cleared $6500 in 1954 from these concessions. The ahoy* Informdion is furnished in ze to an inquiry from a subscriber of this Association for the Purpose of determining credit asks and most be held In strict confidence an must not be revealed to the subieet reported on or to anyone else. The subscriber must not ask for Information for the we of often nor permit any such informstida to be used by others The within information has been obtained from sourus stemmed r. Rabb, fbr.actwKY d _r7/Ei As AeRmilpffm clues +qty w wenenf ..... , �.._ .. . -. I EDMUND G. BROWN . DeWITT NELSON Governor CHARLES A. DeTURK Director of Chief Natural Resources O Division of Beaches and Parks STATE OF CALIFORNIA DEPARTMENT OF NATURAL RESOURCES DIVISION OF BEACHES AND PARKS 1125 TENTH STREET, SACRAMENTO 14 March 22, 1960 Mr. Robert Shelton, City Manager City of Newport Beach City Hall Newport Beach, California Dear Mr. Shelton: We are in receipt of your confidential inquiry concerning Mr. Donald W. Tosh, who is being considered as a prospective food and beach equipment rental Concessioner at the beach your City presently operates for the State at Corona del Mar located in the City of Newport Beach. This questionnaire is difficult to answer in its present form as far as a Concessioner is concerned. Mr. Donald W. Tosh together with his brother Ian Tosh, have had a con- tract with the State for the operation of the food concession at Hunting- ton Beach State Park for the past 10 years. This agreement expires on December 31, 1960. Under the terms of this original agreement they con- structed several buildings on the beach for the housing of their facility, these buildings having become the property of the State upon completion. We are presently negotiating with them for a renewal of their agreement for a 5 year period commencing January 1, 1961, at a 100% increase in their rental and the establishment of one additional structure together with a 15,000 square foot black -top area for their delivery trucks and possibly bus parking. We have found them to be conscientious and capable operators and wholly cooperative with the Park authorities in any matters pertaining to their concession. We have had no difficulties of any kind concerning their operation, either from the physical standpoint or in the matter of rental payments. As we have mentioned above, we think enough of them to renegotiate their contract at its present expiration date. We do not hesitate to recom- mend them to any one who will be able to make use of their services as a Concessioner. If there is any further information you desire that we can furnish, we shall be happy to do so upon your request. JIN:db Mac. Sincerely yours, JOHN I. NOLL 1 Concessions Officer KEEP YOUR PARKS CLEAN —DON'T BE A LITTERBUG PLEASE COMPLETE AND CITY OF NEWPORT BEACH RETURN THIS FORM AT YOUR EARLIEST CONVENIENCE C O N F I D E N T I A L MR. DONALD W. TOSH is being considered as a prospective food and beach gear rental concessionaire for the Corona del Mar State and City Beach Park. The City Council expects to award a ten year contract to one of several prospective concessionaires who have submitted proposals. To assist us in accurately evaluating the personal qualifications of the person named above, we will appreciate your frank answers to the following questions. ALL INFORMATION WILL BE REGARDED AS STRICTLY CONFIDENTIAL. 1. How long have you known him? 2. In what ways have you been acquainted with him? 3. What do you consider to be his most favorable characteristics (i.e., strong points)? 4. What do you consider to be his least favorable characteristics (i.e., weaknesses)? 5. What can you say about his character or personality that may be particularly pertinent to the management of beach concessions? 6. Names and addresses of other persons who you think can comment accurately on this man's character and personality 7. Please rate this man on as many of the following characteristics as you feel you are able to judge (place a check mark in appropriate box) Please add any further remarks you think will aid in appraising this man's personality and character. Da (Signature) _ (Title) _ (Organization) _ (Address) Not Suitable Adequate Good OU6- standing Personal appearance Foilow tarougn to get worK done Making of quick and logical ec s ons Reliability Ju gment Flexibility Ability to be a good listener Ability to meet deadlines Tact Initiative Oral expression Emotional stability .Grasping of new ideas Work,habits Ability to work cooperatively with others Handling of unexpected problems Working under pressure His opinion of imse as a personality Your confidence in his work an a ty Personal supervision of s business Impression he makes with customers Reputation with other businessmen Social a is (liquor, etc. HandLihg of employee re at ons Please add any further remarks you think will aid in appraising this man's personality and character. Da (Signature) _ (Title) _ (Organization) _ (Address) PLEASE COMPLETE AND CITY OF NEWPORT BEACH RETURN THIS FORM AT YOUR EARLIEST CONVENIENCE C O N F I D E N T I A L MR. DONALD w. TosN is being considered as a prospective food and beach gear rental concessionaire for the Corona del Mar State and City Beach Park. The City Council expects to award a ten year contract to one of several prospective concessionaires who have submitted proposals. To assist us in accurately evaluating the personal qualifications of the person named above, we will appreciate your frank answers to the following questions. ALL INFORMATION WILL BE REGARDED AS STRICTLY CONFIDENTIAL. 1. How long have you known him?, Y f Keg Y3 2. In what ways have you been acquainted with him? � 64, rPfs,sri 42k/- i�e.�nv7' 3. What do you consider to be his most favorable characteristics (i.e., strong points)? wy„ a l�i Y ey6�r — Fv,✓ ti,y> vts 1 4. What do you consider to be his least favorable characteristics (i.e., weaknesses)? 5. What can you say about his character or personality that may be particularly the management of beach concessions? yiiii fie s f rrl� 7 tinent to 6. Names and addresses of other persons who you think can comment accurately on,� this man' character and personality AXS1 %o /a l`e 91?A.fa livv �/1LC/J�iw 7. Please rate this man on as many of the following characteristics as you feel you are able to judge (place a check mark in appropriate box) Please add any further remarks you think will aid.in appraising this man's personality and character. .5ro .. /d'v .,/ /if,. /i l C mow/ /I 1� i 1ri yv (Signature) ! Lo / 6Z A44" / (Title) Date L (Organization) H=IAGTGN RFA(!R empTE 8 &FQf (Address) P.O. Box 348 Huatington Beach, California Not Suitable Adequate Good Out. standing Personal appearance 0 ow turough to get work one Making of quick and logical ec s ons Reliability Ju gment Flexibility Ability to be a good listener Ability to meet deadlines Tact Initiative Oral expression Emotional stability .Grasping of new ideas Work,habits Ability to work cooperatively with others Handling of unexpected problems Working under pressure His opinion of mse ,as a personality Your confidence in his work and ability Personal supervision of a business Impression he makes witR wit customers Reputation with other businessmen Social a is (liquor, etc. Han g o emp oyee relations Please add any further remarks you think will aid.in appraising this man's personality and character. .5ro .. /d'v .,/ /if,. /i l C mow/ /I 1� i 1ri yv (Signature) ! Lo / 6Z A44" / (Title) Date L (Organization) H=IAGTGN RFA(!R empTE 8 &FQf (Address) P.O. Box 348 Huatington Beach, California PLEASE COMPLETE AND RETURN THIS FOAM AT YOUR EARLIEST CONVENIENCE - CITY OF NEWPORT BEACH C O N F I D E N T I A L MR. DONALD W. TOSH is being considered as a prospective food and beach gear rental concessionaire for the Corona del Mar State and City Beach Park, The City Council expects to award a ten year contract to one of several prospective concessionaires who hage submitted proposals. To assist us in accurately evaluating the personal qualifications of the person named above, we will appreciate your frank answers to the following questions. ALL INFORMATION WILL BE REGARDED AS STRICTLY CONFIDENTIAL. 1. How long have you known him? . '4 4 E`4' /L $ 2. In what ways have you been acquainted with him ?; 3. What do you consider to be his most ccL h /5/17 '-« ;ifr 4. What do you consider to be his least Is characteristics (i.e., strong points)? e characteristics (i.e., weaknesses)? 5. What can you say about his character or personality that may be A the man ement of beach cconcessions?—Z111-1 r./ a� 6. Names and addresses of other person who you think , can comment accurately on character and personality . 1 ,�'�� pertinent to 'a 7. Please rate this man on as many of the following characteristics as you feel you are able to judge (place a check mark in appropriate box) Please add any and character. you think will'aid,I + e (Signature) (Title) v Date 6' (Organization) (Address) this Wan's p Not Suitable Adequate Good Out- standing Personal appearance 0 ow tilrough to get worK done 7c Making of quick and logical ec s ons Reliability Ju gment Flexibility Ability to be a good listener X Ability -to meet deadlines act X Initiative Oral expression Emotional stability .Grasping of new ideas Work habits Ability to work cooperatively with of era Handling of unexpdcted problems Working un es pressure -ffrS--0-p n on o mae as a persona ty Your confidence in his work and ability Personal supervision o e us peas Impression he makes with customers Reputation with other businessmen oc a a is (liquor, etc. danaL.1bg of employee relations Please add any and character. you think will'aid,I + e (Signature) (Title) v Date 6' (Organization) (Address) this Wan's p A 0 PLEASE COMPLETE AND CITY OF NEWPORT BEACH RETURN THIS FORM AT YOUR EARLIEST CONVENIENCE C O N F I D E N T I A L MR. DONALD W. TOSH is being considered as a prospective food and beach gear rental concessionaire for the Corona del Mar State and City Beach Park. The City Council expects to award a ten year contract to one of several prospective concessionaires who have submitted proposals. To assist us in accurately evaluating the personal qualifications of the person named above, we will appreciate your frank answers to the following questions. ALL INFORMATION WILL BE REGARDED AS STRICTLY CONFIDENTIAL. 1. How long have you known him ?_ / G' 2. In what ways have you been acquain ed with him 3. What do you consider to be his most favorable 4. What do you consider to be his least favorable 5. What can you say about his character or the management of beach concessions ?_,,� sties (i.e�, strong points) ?, istics (i.e., weaknesses)? that may be particularly pertinent to 6. Names and addresses of other persons who you think can comment accurately on this man's character and personality 7. Please rate this man on as many of the following characteristics as you feel you are able to judge (place a check mark in appropriate box) Please add any further remarks you think will.aid,in appraising this man's personality and character. (Signature) (Title) Date ts� e (Organization) (Address) Not Suitable Adequate Good Outm standing Personal appearance ✓ FoIlow tarougn to get worK done Making of quick and logical ec s ons Reliability i Judgment Flexibility 7, Ability to be a good listener ty to meet deadlines Tact Initiative v Oral expression Emotional stability Grasping of new ideas Work,habits Ability to work cooperatively with others Handling of unexpected problems Working under pressure His opinion of imse as a personality Your confidence in his work and ability Personal supervision of s business ' Impression he makes with customers -re-p—ut-a—tfo—n­w1-th other businessmen OC 8 8 to gnor, BtC. an g o emp oyee relations Please add any further remarks you think will.aid,in appraising this man's personality and character. (Signature) (Title) Date ts� e (Organization) (Address) • April 28, 1960 Mr. Victor Elliott Maclean's Frozen Foods, Inc. 1291 Warehouse Drive Costa Mesa, California Dear Mr, Elliott: E In compliance with your request, I am returning herewith the personal papers which you submitted at the time you submitted a bid for the concession of the Corona del Mar State and City Beach Park. The Council, on April 25, 1960, authorized tha return of subject papers. Very truly yours, Margery Schroeder City Clerk City of Newport Beach MS; am Att. CIT`! CURK City Manager Robert Shelton City Clerk Ma- ery 3 ^hro „roes Tosh Bros. Agreemen. E April 25, 1960 On this day, Z recei7ad t"^ nr3-'rial arc: one conformed copy of the C20_,Cas3-'on. a;_aement between the Citv nr N20Pr.,o —t nd Tosh Bros. Said dcc rr ^mots bea-- -!in approval of the Divi ^ion of Rea ^!^ and ni--k r. =_na_*_mant c` Natu-�a' Reso*?rc =.^ , of v_” " -at? o£ Califs, n a, dated -Anvil 7.2 1960, and si.g7:id by Mr. Chart: --s A. lA� ' irk. They also bea" "- .stamp of t5 Depart ,n-!*xt )f Natnral DeWitt Nelson, Di rnetor s R._:yR°.d Vii`? the lhi�, :-3:1 ':h ?. Division of Administrative Services. HS: am 0 Tosh Bros. 3708 Linden Avenue Long Beach, ^alifo^nia Dear Sirs: L April 25, 1950 'ttached is a conformed copy of the proposal to the City of Newport Beach, for the concession on Public Service Area No. 1, at Corona del Mar State and City Bear:. PaLc, a c:,py ,f thv� concession agreement, for Corona del Mar State and City Beach Park. The copy of the concession agreement bears the approval, stamp and signatures o` tha Division oi= D�af�':es and Parks, Depart- ment of P.:i.. -a1 2eacurc of i.he .'!gate of California, dated V ^,: -4 1' o-e Miat :_he co-ncession agreement states thas;. `'.v, :' :aoz: - ffac.-iv.a until the approval o.r th.s ')ivi.sion of Baach--s and Parks has been received. T;:,4� ar_tac_n-d copies of the documents are your official no`.ification of the approval of the Division of Beachea aria Pa-k Departmant of Natural ReSOUrce3, State of Califo °nia. F am also enclosing a copy of the letter from Mr. Eugene Velay, Assistant District superintendznt of the Division of Beaches and racks, Department of Natural Resources, transmitting the executed documents bearing the approval as aforementioned. Very truly yours, Margery Schrouder City Clerk City of Newport Beach MS: em Att. VITAROIKNA OF N.. _.. BEAW April 22, 1960 2 iss i'.argery Schrouder, City Clerk City; of Newport Beach City Hall Newport peach, California Dear Miss Schrouder: Enclosed are two fullt> executed copies of the Concessions Agreement at Public Service Area No. 1 at Corona del har ?each State :ark, between Donald W and Ian E. Tos.h, and the Cit; of heuport Beach. The conies are signed by the concessionaires, Citr of Newport Beach officials, Chief of the Division of Beaches and larks and Chief of - 01slon of duinis- trative Services, We assume you will send one copy to the Tosh Brothers. Sincerely yours, LLI >.!-C Yi.IGRUE VOW, Assistant District Superintendent 0 April 6, 1950 Mr. A. D. Philbrook Superintendent, District 6 State of California Division of Beaches and Parks P. 0. Box 1328 San Clemente, California Dear Mr. Philbrook: There is enclosed the Proposal to the City of Newport on Public Service Area No. 1 at City Beach Park, and Concession 1960, between the City of Newpo and Ian Ai, Tosh, doing business of Resolution No. 5192, adopted 1960, autho- : ?..in; the execution E duly executed original Beach for the Concession. Corona del Mar_ State and Agreement, dated March 28, ct Beach and Donald W. Tosh as Tosh Bros.; and a copy by the Council on March 28, of said Agreement. After approval by tie Division of Beaches and Parj:r, please return the original. documents to me. i am also attaching two duly executed copies of the Agrecneilc, Lao confor�ied copies of the Agreement; four conformed copies of the Proposal; and a cerr_i _'ted copy of tha nl�solution. Very truly yours, Mars °ty Sanrouder City Cler% City of Newport Beach MS: em Att. 0 April 6, 1960 Maclean's Frozen Foods, Inc. 1291 Warehouse Road Costa Mesa, California Gentlemen: Attached hereto is a Cashier's Check numbered 5171399, in the amount of $2000, payable to the City of Newport Beach, being you- `.': submitted with your proposal to the City of Newport Beach for the concession on Public Service :hrea No. 1 at Corona del Mar State and City Beach Park. We are returning your deposit since the contract for the concession has been awarded to Tosh Bros. of Long, Beach, California. Thank you for submiLi, iA , :- proposal. Very truly yours, Margery Schrc,=_:der City Cla-rc City of Newport Beach MS: em Att. 0 0 April 6, 1960 ml�lmerle F. Afflerbaugh Merle's FOstaurants 2435 East Cr -,,at Highway Corona de' ia-:, California Dear Mr. here-to is Cashier's Check numbered "a 7101SE , (i - �a- n cn the corona del Mar 'Qzanch of t' .v -1 .1 Secu,-i-,--T"-,,,-,,* jj-,tj.O"-Ej 3 'nseles, in the amount 0i i� f Newport Beach, Y being you:.- yc�.:L proposal to the City o-.- z<ianpc -r for the concession on Pi;blic Service No. 11 al, Corona del Mar. !tate and City Beach Part:. a---a you-4- deposit since the contract. u,. LL,•,a concession has been awarded to To:,,':', Bros. of Lon. Beach, California. Than!- you for submittim,4-, a proposal. very trIlIv 'J"Or-ars, i3 rw-ry 'IuIi-.-^()uder City Ue.,-'.< City of Newport Beach MS-em Att. POSTMARK OR DATE �0 00 STREET ANO N.U. U-) *.d i,.'. choc I a.1 ch I You a lotth,.,o I- � riefld hk here to F 1w. I ehess 6 "d address z de"'er6-' 501 f" FrZS ADW71C)NAL TO 200 FEE POD Form 33GO Jul 1957 UE OTRER SIDE 6 6 a ' OFFICE PHONE KIMIIERL' 7.5101 ORANGE COUNTY HEALTH DEPARTMENT M J HANSON R b SVPEFr 131 1 $A. i t H " ' O1 E111Ra NNEN Iva 871 $ NO ROSS STS ­I TiTloa nANTA ANA gALIFORNIA ORANGE COUNTY HEALTH DEPARTMENT INS}[CTION RRORT Eighth and Ross, —Santo Ana, California DISTRICT_.LL ____ KI 7 -5101 je ,, RECEIVED BY_..13 �f-G l<'* -f'" �h '3� �If NATURE of B�U/�SIN�ESS ,� Narne of istob'Tl{}s^Mrntl .[L44.�1!/_�_. L Location d ' - 1SL.X bu,— h 4� —_� Owners Norna.LOsI� t3r03 ..__._- - - - -_ -_- Business Address—_ f 6iA 7$-7 -7 3 - Sanitarian ^�/ -- Inspection your promises today indicates that the following corrections shall be made immediately in order to comply with bcal and slate regulatiam: ' E00 --� -N INN. IeU v� qrc l IMF ROYAL INDEMNITY COMPANY ROYAL EXECUTIVE OFFICE: NEW YORK A NEW YORK CORPORATION ` Iglarapar � Terttfiratr n: 3nouraure Date 10/26/61 Issued at the request of C ITY OF NEWPORT BEACH Address 04im to IA (11trutg that the insured named below is at this date insured with this Company as described in k the following schedule. �r1�eDulr Py Name of Insured DONA LD W. TOSH AND IAN M. TOSH DBA : TOSH BROTHERS Address 3708 LINDEN, LONG BEACH, CALIF. / Locations Covered "CORONA DEL MAR BEACH" ; Description of Work ALL OPERATIONS OF THE INSURED INCLUDING AUTOMOBILE L I M I T S OF LIABILITY KIND OF POLICY EXPIRATION Bodily Injury i Propenv Dam. gc POLICY NUMBER DATE ABBregatc g Each Person I 1Ea[h Accident TEach Accident S 3 S Workmen's As prorided by Workmen's Compemu aon Law XXXX XXXX If Compeoaauon Statr of_... Manufactuzcrs Of Proper(, ProPty Damage Com,.ctori Liabiliry Owneri or Contractors Properly Damage Protective Liability Ow'nen', Landlord,' Property Damage I and Te... ts' Liabiliry � A le Liabiliry — m,unrgunng. � 7 j XXXX C1 All Owned Vehicles � I XXXX El All Hired Vehicle, C1 All Other Non -Owned r XXXX ! Vehicle \/ Q The following XXXX vehicl" -, _ Compr.hensive Liability; Com,maob,1, Aummohile RLP 147110 5/8/63 500 000. , ,000,000. 5o,oao. XXXX Bodily Injury ,000,000. ComPreh<vsive Gn<ral RLP 147110 5/8/6 3 5 00,000. h ,000Property 50,000. Property Damage 5O,000. e T Each occurrence as rc6peg,s Family AutomHobile co ve ego. T1 �� The Company will mait o theparty� tt ooseYequeR. LhisE ert'ii— icat'M issued a record of any material change in or cancellation of the said policy or policies. ROYAL INDEMNITY COMPANY B R10798C -75M• I 2-60 u�ierd R resZntative 0 4t- DISPOSITION: Ile. TO: CITY COUNCIL ' 4 I FLE: - `` � - FROM: PUBLIC WORKS DIRECTOR AND CITY MANAGER xe� /K 2x �' SUBJECT: ACCEPTANCE OF WORK BY TOSH BROS. ON INTERIOR OF CONCESSION AT CORONA DEL MAR STATE BEACH PARK. RECOMMENDATIONS: 1. THE WORK BE ACCEPTED Z. THE PERFORMANCE BOND BE RELEASED. TOSH BROS. HAVE COMPLETED THE SUBJECT WORK AND INSTALLED FIXTURES IN ACCORDANCE WITH PLANS, SPECIFICATIONS AND AGREEMENT THEREFORE- PREPARED BY: DONALD C. SIMPSON PUBLIC WORKS DIRECTOR RS:DCS :JBW:EK 5 -5 -61 ROBERT SHELTON CITY MANAGER 1- b i CERTIFICATE OF OCCUPANCY ORIGINAL City of Newport Beach, California No. 4 4!- BUILDING DEPARTMENT THIS }I'S TO CERRTTIFY,, that the df7e..P ...... ...�r..E ._ (.% r.. I. TY....._ �_ Amwc u .......................... ............................... .. ......- G.�X- '.JR°.::...1.���t._ ......................... ............................... Type No.....�.._, building described below and in Building ........... pe � ............... a dmg 238`► o Permit ...... located in Fire Zone No. ......s .................... has been inspected and complies with the regulations of the City of Newport Beach and State of California amendments literate, and shall be used and occupied subject to the following classifications: Group ............ ............................... Division ...... ....... ...................... Occupancy .. G.o al...._C m h C SS C7 s-" .............. ...... ................. ........... .,. Maximum allowable floor load: 1st Floor ......... ............................... lbs. /sq, h.; 2nd Floor .......... ..............................; 3rd Floor 4th Floor ...... ..............................; and 5th Floor ..... ............................... lbs. /sq. ft. u ! M 0 IV dc' Address N .r}.E- c�i.tl G, G'•D.M. S,TAT_r}.....r}w.. Y,.......1L,7.¢.fR.t.°...%..... PAR PT-- t........... _ ..................... LotNo .................. Block No. /......./......... ......../..�........•............ ............................................................ ......�............ .... Tract. Owner's name .![..�i_W PG--S. r... �Q.%"(,i..Srw.t(z.r..L- /. - - - - -- Owner's address ----- (21---7-r ......./-. 7.. A_ iin.. 4:. t................................... L u Dated, Newport Beach, California ................. ......_._,`.... __�,,....- ...- ....__..._..._,.. 19..4!?.'/. Signed ..L.... Building Inspector NOTE: Alterations, Change, Addition or Changes of Occupancy Void This Certificate. In such case a new Certificate of Compliance most be obtained from the Building Inspector. Nis a78-3Y --3.155 PARKCITY OF NEWPORT BEACH BEACHES & RECREATION DEPARTMEN January 24, 1961 Per our discussion with Tosh Brothers Saturday, January 21, the following conclusions were made in an effort to conduct a more efficient, praiseworthy operation. The results of last year's operation were not too commendable and the recommendations below will aid in producing a more acceptable concession operation. 1. UNIFORM DRESS 2. SHOES An attempt will be made to have all concession help wear white shirts or blouses and blue denims or shorts in an effort to make a better - appearance impression on the public. In order to maintain a better air of cleanliness, shoes must be worn at all times in the concession building. 3. SERVICE LINES 4. FOOD Windows will be opened at each end of the concession building when it is apparent that service can be improved by so doing. This should expedite service and eliminate long lines concentrated at one end of the concession building. Tosh Brothers will purchase a better quality of hamburger and, hopefully, from a local meat distributor. More care and attention will be given to handling and preserving meat to guarantee a better over -all standard of quality. Coffee will be served in a larger cup; an increase in price from lOC to 15C per cup may be necessary, but hopefully not. No. 60 -61 -26 Fes TO: ROBERT SHELTON, CITY MANAGER Z FROM: C. C. Stewart, Park Superintendent SUBJECT: CONCESSION OPERATION - CdM STATE & CITY BEACH PARK y Per our discussion with Tosh Brothers Saturday, January 21, the following conclusions were made in an effort to conduct a more efficient, praiseworthy operation. The results of last year's operation were not too commendable and the recommendations below will aid in producing a more acceptable concession operation. 1. UNIFORM DRESS 2. SHOES An attempt will be made to have all concession help wear white shirts or blouses and blue denims or shorts in an effort to make a better - appearance impression on the public. In order to maintain a better air of cleanliness, shoes must be worn at all times in the concession building. 3. SERVICE LINES 4. FOOD Windows will be opened at each end of the concession building when it is apparent that service can be improved by so doing. This should expedite service and eliminate long lines concentrated at one end of the concession building. Tosh Brothers will purchase a better quality of hamburger and, hopefully, from a local meat distributor. More care and attention will be given to handling and preserving meat to guarantee a better over -all standard of quality. Coffee will be served in a larger cup; an increase in price from lOC to 15C per cup may be necessary, but hopefully not. 9 • TO: ROBERT SHELTON, CITY 11ANAGER SUBJECT: CONCE&:,LuN OPERATION - CdM STATE & CITY BEACH PARK 5. AREA CLEANUP During the past season one boy worked three hours each morning washing and cleaning the concession area. This year, additional cleanups will be made, especially in the late afternoon hours between 3:00 P.M. and 6:00 P.M. This will provide a con- tinued standard of cleanliness throughout the day, rather than just in the morning. 6. CHAMBERS OF COMMERCE In order to keep abreast of local desires and requirements, Tosh Brothers will join both local Chambers. 7. HOURS OF OPERATION Pursuant to the lease agreement and weather permitting, the concession hours for Saturdays, Sundays and holidays from now until summer will be from 11:00 A.M. until 5:00 P.M. During the Easter vacation season, the concession hours will be from 11:00 A.M. until 5:00 P.M. daily for a period of two weeks. Every effort will be made by this staff and Tosh Brothers to minimize or eliminate public criticism of operational standards and quality of merchandise. C. C. STEWART PARK SUPERINTENDENT 6 CITY OF NEWPORT BEACP November 1, 1960 T0: ROBERT SHELTON, CITY MANAGER FROM: C. C. Stewart, Park Superintendent SUBJECT: CORONA DEL MAR STATE AND CITY BEACH PARK Effective November 1, 1960, and continuing through March 31, 1961, the following procedures will occur: CONCESSION HOURS: Pursuant to the Concession Agreement, Tosh Brothers will conduct business on Saturdays, Sundays and Holidays be- tween the hours of 12:00 noon and 5:00 P.M. PARKING CHARGES: (Pursuant to Resolution #5193) All parking charges will be discontinued until further notice. OPENING & CLOSING HOURS: (Pursuant to Municipal Code - Section 4201 b and c) Park crews will open the gate at 6:00 A.M. on weekdays and the Police Department will open the gate on Saturdays, Sundays and Holidays at 6:00 A.M. The gate will be locked every night at 8:00 P.M. by the Police Department until March 1, 1961, at which time the closing hour for the Park will be 10:00 P.M. PARK MAINTENANCE: One Park Attendant will work each Saturday to water, weed, pick up paper and trash and, in general, preserve the standard of upkeep which has been attained. Al2PROVED: ROBERT SHELTON, City Manager CC: City Council City Clerk Public Works Director Police Department Switchboard General Services Dept. Tosh Bros. Press C. C. STEWART Park Superintendent N u Department of Natural Resources Division of Beaches and Parks 1125 Tenth Street Sacramento 14, California November 9, 1960 Attention: Joseph L. Mickelson, Jr. Superviaing Title Officer Re: Corona del liar State Beach Park - Gentlemmua Amendment No. 2 to Operating Agreement Thank you for your letter of September 26, 1960, enclosing seven copies of Amendment No. 2 to the City of Newport Beach Operating Agreement dated August 19, 1949. Your attention is referred to the City's agreement dated March 28, 1960, for the operation of a concession by Tosh Bros. at the Corona del Mar State and City Beach Park, which agreement gives the City certain rights in concessionaire's improvements. To prevent the concessionaire from being credited Frith a greater interest in these improvements than it has under said concession agreement, and to protect the City's rights in said improvements, we are proposing the addition of the clause "less the leasehold value of any such improvements acquired by the City" after the word "improvements" in the fifth line of clause 11, and the words "or scgwired" after the word "constructed" in the seventh line thereof, making clause 11 read as follows: "If during the term of this agreement and lease subject property is taken in eminent domain, the entire award shall be paid to the State, provided, however, that there shall be paid to any concessionaires the leasehold value of their improvements less the leasehold value of any such improvements acquired by the City and there shall be paid to the City the value of the leasehold interest of the improvements constructed or acquired by the City, provided, further, that the sum of the value of the lease- hold interest of the City and the concessionaires shall not exceed the value of the leasehold value of the im- provements as a whole." r Department of Natural Resources Division of Beaches and Parks -2- November 9, 1960 If you are satisfied with the proposed changes, we can arrange to have the necessary revision roads in this office and said amendment executed by the City or, if you prefer, we will return the amendment to you for revision. Very truly yours, Walter W. Charamaa City Attorney By Joseph n JHR:Mec Assistant City Attorney cc - City MAnager City Clerk ENDORSEMENT 14 . Pached to and forming part of Policy No. - ..-104AP.5159 ...... of & MARINE INSURANCE COMPANY Issued to ..... DONAID-N,19SK ....9 ... Al ... ................... 1A...1I1EUFA1..C..FA11 DIVE I......'. AND NAIL... A..N..' -- ".....••... - -- ........:.....:... . . . . .. ..... .... ...................... ...... ........... .................................................................. ............................... I.............. .. ....... ....... _ ........... .......... .......... Agency at ....... XWPMT..PNAQ%....CALIFORNIA Dated ... 427_5, � I960 ... CITI ON TOWN ......... ......... ............ Property Inmrcd__ -------- ­ ----- - --- 'STATRWHETHER BUILDINC. MACHINERY, 09 STOCK. AND WHET... COVERAGE IS SPECIFIC OR In-ANACT. IF SPECIFIC ........... "...... ". " ""...... "O o1.ANOU11<.) AN. RAIS'.1 AFIL111. 1. EACH TIES. RE SURE TO INDICATE PERCENTAGE OF AVERAIRECLAOSE (IF ANTI . ....................... ................................................ ......... ....... ...................._....S. F. B. Form No... ............. Is E.C.E. att'd?. ... YEA OR NO _Average Clause.. .......... 'Y6 Locationof Property ............ ........ ............................ ___ ............ ............... .................................................... ............................ _ ............... _ ....... . ............ _ ........ City Town I ....... ................... ................. ............................ .......... countY .... _ ............................. .......... ................. St ate... ............................... ........ ........ _ ....... Map Sheet ... .......... ......... Block........................ Street No ........................... Special Rate Page.................. Line.................. Full Term Premium $......_.................... If risk is not specifically rated or shown on Sanborn Map, give construction and occupancy of building and indicate all exposures and deficiencies Commencement of Policy ._..6.- 13.- 6Q.........._... Expiration of Policy ........ 613.= 43_.......... Effective date of this Endorsement ... 6—.3376,0 .......... AMOUNT INSURED OLD RATE NEW RATE ADDITIONAL PREMIUM RETURN PREMIUM FIRE FIRE 11,000.00 ECE X E(E X X X IT IS HEREBY UNDERSTOOD AND AGREED THAT THIS POLICY IS ISSUED AT A TENTATIVE RATE AND WHEN A SPECIFIC RATE IS PROMULGATED THE RATE WILL BE ADJUSTED FROM THE IN- CEPTION DATE OF THIS POLICY. -• — rv+nms BUREAU FORM 471•R9 (OCT, 1938) - _ -_ -_ -_ i •ApAGIjA.,, RESTAURANT F i x6, 1fRC n IYdT 9 640$4 EARNfN6d Neat for rhks DORM a M 1. Insurance attaches hereuWer only to those Items ! space an amount is shown 9aefoMYriR$1 this ��.DESCRIPTION �' form and of the Policor, and defined eil clad a alai described "'the the first this policy for which . is 9 to which seta amount Page of Item I. BUILDING F COVERAGE; apply separately to each Item cover twe in G COVERAGE: When the insurance I'd" e t all fixnuea and entirety, while a�P as ether. macPareto(cthpied as a restaurant or CbfuiJd this policy caveprarp Build, to escrihed o on buildin to and constitute a Y used for the service of the and for storm a buildin any other 8. ed insurance shall cover doors and storm windows; B; additions in contac�therewithrwrded such fixtures and n the first g or strua supplies intended f or use in (b) Cleaning and fire fi also is machine page of this policy, including (c) and (d) immediate) construction, alterations or.Ming apparatus, !c) )awning,, signs, d „ur ry are contained Policy. or attached and (2) used for the maintenance orst be' at Ih repairs of the buildin lanai's' supplies, tools and and window shades and Item ll n 1 em other than the "BuildineNI a of herbufldin by loss' Ill the pro >erty of then I'owever, eh u Property pert 1ede Id} material rvand' Item QUIpMENT g„ its of this or g; and (3) eontainro to or amed In Y described in (a) property of every COVERAGE; When the an y attached to the buijdanwho is the owner of the building.' ng� LIMITA ry• description usual or i insuraq ',°t yCr p°ltc p g; and (4) not s owned by I�N neEREINAFTER STATED e°IaI to the alder this Policy in"ifics)ly cnvered NC (Img Insured LL ENANT'SAjjLTjPROVE ceCT TO oALCOHOLIC b) the Insured as asreshaureo[dure shall cover on personal EXCLUDI , T RESPE ANY OTHER POLICYLLaON AND MANUSCAiI>t•C ':TENTS AND BETTrnsBE'ERAGES), aad cafe (Slift li:r•r _ .. ARE NOT APPLICABOS. I AND It OF PARR must be e added to j Iroperty of the kind LE TD THIS CROSS GRAPH N0, 2 ANI atforms, Site kind and nature covered under an EARNINGS COVER, ateriels and and (b) in nu a in construction; j1et (2)htyllthe Coveredhund, d ” d supplies Bmldm orated 'd scows or other vessels within one h ears and vehicles within three hundred ND MARINE parrs of the c OR TRANSPORTATION IN It(0) feet of the described red (3 P) SE. To the N INSURANCE OF ANY KIND, p emeses' an item extent that the named Insured _ SHALL P Y of this policy covering shall I n indicated, held in trust, or on Corsi PEraona! property 'TAN Tn ____ 91) gnment or coma by taw for loss the or Shell prior ` al so rover I. al property of the kind and nature or on )Dint account with others, or left for 7. WAIVER — in`o two or more items, thevr Lu55. - -" """r` 11 k'M BEARS TO ­THErTOTS NOR FOR MORE POLT Clause (Para O6 INVENTORY A loregotng conditions shall a AL INSURAN CE ON THAN is both leas graph 6 hereof), it is also AND AP PPIY to each item THE PR( such item than Five Thousand p Provided that SErHRNT CLAUSE: If Separately. Item BUT at the time each loss oceuore "ie lu'�'�) and less then tregate claim (ornanyJ ss toots Policy is subject to th LOSS,NOTHIN REIN o per cent (2 he pro a conditions of the Avers, G HE CONTALNEIall not De aeassery for the Insured to 3'a) of the total a n PO ' be WAIVE special inventoKy described i Pon the such item of this poll _ If tbia SHALL OPERATE TO make a a e amount of insurance u 8. EX �� into two a; more items, the THE APPLICATION 7" or appraises, o Property described EXCESS TNS URAN OF AVERAGE CLAUSE undmaged ropers UPON ANY PROPERTY. INCLUDIMITATION CLALISEEmjyg eondm °no shall a 49Y 4o. " inno USE p (e) IS MORE ED WITHIN THE DESCRIPOIIp,v M OF TO ANY SUC POLICY CgRRIEDIg pg DESCRIBED AND COVERED AF 5UCHI)TF,�T IWHI HAI�Rarately 0 OR BECOME INSURANG� (b) BEING T IN THF, NAMF, AT THE TI ME OF CRI INSUREDHE PROPERTY OF OTHERS IS COVE HE 7NSURED NA ANOTHER ITEM OF 1NTIL THE NAMED HEREIN, RED BY INSI)RANr`ED HEREIN, OR THIS POLICY ANY LOSS NLY THE LIABILITY OF INSURAN E GARRtED BY OR UNDER ANY OTHER F W (WHETHER OF VALUE OF SUCH PROPERTY UNDER {a) OR (b) HAS FIR OB IN THE NAME OF OTHERS THAN THE CE CE D HICH THgI COLLECTIBLE OR NOT). Tu .r.. .. 0�'ER AND Anri c •.. ST BEEN rv.., ..___ NSLIRrn er....._ _ .. ME WSInaron of tI the buildin r° of this p the actual g Owner or cash value t agreement THE PROVISIONS N S AND RETTER __ - ,ABILITY. ,he named Insured undENTS (subject art of the 6uilding(a) or the propEeer!ylof TS" shall be determined on the basis of Creicx nfr0 ;in any lease or rental PRINTED OR THE RACE OF THIS FORM ARE BEREBY REFERRED TO AND MADE A PART HEREOF. y` 103011 11Yd Y 3oYW oNY of 03113,431 111313H HY W10d SIHZ 90 1JYH 3111 NO o31N11d smoisiA08d 3111 6261 •LDc SN•LLV uuvw aavni 'ION HO SSO1 IVIIN303SNOD 1SNIV9V S13AOD 3DNV1flSNI 13HIO HOPIS H31113HM N0313H130NVH[1SNI 30 INf10WV 31OHM Hill Ol SUV39 G31HSNI A1313H INf1OWV 3111 SV SSO1 IVIIN3flO3SNOD )LNV 30 NOIIHOdOHd HDflS 103 AINO 311VII 31 IIVHS ANVdWOD SIHZ 'AD110d SIHZ NI ISNIV9V (13Hf1SNI 3HV HDIHM 30313111 ANY 10'S•II13d Hill 9NIH3AOD (13OVWV(l )L.L)13d01d 3111 NOdfl 33NVHf1SN11131110 SI313H131'SSO•I30 3XII311I IV 1J3,4�3 NI AD1IOd SIHZ 30 ,LNflOWv IVIOI 3111 Q33DX3 3SVD ON NI TIVHS '1311.1.3901 110 AI3IV1lVd3S 13HI13 'SSO'I •IVIIN3fl 3SNOD HD[1S Al (1NV ADIIOTI SIHZ NI ISNIVOV Q31fISNI IIH3d ANY Al Q3S(IVD SSO1 103 AII•IIIVII IVIOI 3111 'ADIIOd SIHZ 01 Q3HDVIIV IN21MS10QN3 10 )13(111 'WHOd ANV d0 SNOISUO)ld SS31dX3 Al 'II13d HOPIS ANV Ol SV (13Qfl M )LIIVDIIID3dS SI SSO'I HJ[1S SS3IN(1 ',40313111 S3dld A'Idd[IS HO SNOIJ103M 'NOD 'Sfllvlvddv 9NIIOOD HO ONIIVI3OIHd31 30 'ADIIOd SIHZ NI ISNIV9V (131DSNI IIH3d ANV Al NOUTIHIS3(1 IVI.L1tld HO IVIOI WOH1 ON111(IS311 3HDIVH3dW3I 10 3OIIVHD Al (13SI1VD 13QNf131311 (1313AOD 39VHOIS QIOD NI S311dd[1S (1NV SNOISIA01d '3SI(1NVHDH3W d0 ADOIS 01 SSO'I 'MIN3CIMSNOD 10,4 3IHVII 31 IIVHS (ADI'10d SIHZ 30 SW13.1. 3111 O.J. 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BREACH OF WARRANTY CLAUSE: If a breach of any warranty or condition contained in any rider attached to or made a part of this policy shall occur, which breach by the terms of such warranty or condition shall operate to suspend or avoid this insurance, it is agreed that such suspension or avoidance due to such breach, shall be effective only during the continuance of such breach and then only as to the building, fire division, contents therein, or other separate location to which such warranty or condition has reference and in respect of which such breach occurs. 12. SUBROGATION WAIVER CLAUSE: This insurance shall not be prejudiced by agreement made by the named Insured releasing or waiv. ing the named Insured's right of recovery against third parties responsible for the loss, under the following circumstances only: (A) If made before loss has occurred, such agreement may run in favor of any third party; (B) IF MADE AFTER LOSS HAS OCCURRED, SUCH AGREEMENT MAY RUN ONLY IN FAVOR OF A THIRD PARTY FALLING WITHIN ONE OF THE FOLLOWING CATEGORIES AT THE TIME OF LOSS: (1) A THIRD PARTY INSURED UNDER THIS POLICY; OR (2) A CORPORATION, FIRM, OR ENTITY (a) OWNED OR CONTROLLED BY THE NAMED INSURED OR IN WHICH THE - - NAMED INSURED OWNS CAPITAL STOCK OR OTHER PROPRIETARY INTEREST. OR (b) OWNING OR CONTROLLING THE NAMED INSURED OR OWNING OR CONTROLLING CAPITAL STOCK OR OTHER PROPRIETARY INTEREST IN THE NAMED INSURED; (C) WHETHER MADE BEFORE OR AFTER LOSS HAS OCCURRED, SUCH AGREEMENT MUST RELEASE OR WAIVE THE ENTIRE RIGHT OF RECOVERY OF THE NAMED INSURED AGAINST SUCH THIRD PARTY. 13. LOSS CLAUSE: Any loss hereunder shall not reduce the amount of this policy. 14. DEBRIS REMOVAL CLAUSE: 1. This policy covers expenses incurred in the removal of all debris of the property covered hereunder which may be occasioned by loss caused by any of the perils insured against, SUBJECT TO THE FOLLOWING CONDITIONS: 2. THIS COM- PANY SHALL NOT BE LIABLE UNDER THIS POLICY AND THIS CLAUSE FOR: (a) MORE THAN THE AMOUNT OF INSURANCE PROVIDED IN THIS POLICY; (b) MORE THAN THE AMOUNT OF INSURANCE APPLYING UNDER THIS POLICY TO THE PROPERTY DAMAGED OR DESTROYED AFTER APPLICATION OF ANY DISTRIBUTION CLAUSE, NOR MORE THAN THE LIMIT OF LIABILITY UNDER THIS POLICY FOR A LOSS TO THE PROPERTY DAMAGED OR DESTROYED (INCLUDING THE COST OF DEBRIS REMOVAL) AS DETERMINED BY ANY CO- INSURANCE, AVERAGE, OR REDUCED RATE CONTRIBUTION CLAUSE CONTAINED HEREIN; (c) ANY GREATER PROPORTION OF SUCH EXPENSE THAN THE AMOUNT OF INSURANCE HEREUNDER BEARS TO THE TOTAL AMOUNT OF ALL INSURANCE, WHETHER ALL SUCH INSURANCE CONTAINS THIS CLAUSE OR NOT; NOR (d) LOSS OCCASIONED BY THE ENFORCEMENT OF ANY STATE OR MUNICIPAL LAW OR ORDINANCE WHICH NECESSITATES THE DEMOLITION OF ANY PORTION OF THE BUILDING COVERED HEREUNDER WHICH HAS NOT SUFFERED DAMAGE BY ANY OF THE PERILS INSURED AGAINST IN THIS POLICY UNLESS SUCH LIABILITY IS OTHERWISE SPECIFICALLY ASSUMED BY THIS POLICY. 3. if this policy is divided into two or more items, the foregoing shall apply separately to each such item. 4. Cost of removal of debris shall not be considered in the determination of actual cash value when applying any Co- insurance, Average, Distribution, or Reduced Rate Contribution clause attached to this policy. 15. PERMITS AND AGREEMENTS CLAUSE: Permission granted: (a) For such use of the premises as is usual and incidental to the business conducted therein and for existing and increased hazards and for change in use or occupancy except as to any specific hazard, use, or occu. pancy prohibited by the express terms of this policy or by any endorsement thereto; (b) To keep and use all articles and materials, usual and incidental to said business, in such quantities as the exigencies of the business require; (c) For the described building(s) to be in course of construction, alteration or repair, all without limit of time, and to build additions thereto, and this policy, under its respective hem(s), shall cover on or in such additions in contact with the described building(s) ; (d) For the described building(s) to be vacant or unoccupied without limit of time. Nothing herein contained shall be construed to abrogate or modify any provision or warranty of this policy requiring (1) the maintenance of watchman service; (2) the maintenance of all fire extinguishing appliances and apparatus including sprinkler system, and water supply therefor, and fire detecting sys- tems, in complete working order; nor to extend the term of this policy. This insurance shall not be prejudiced: (1) By any act or neglect of the owner of the building(s) if the Insured is not the owner thereof, or by any act or neglect of any occupant of the buildings) (other than the named Insured), when such act or neglect of the owner or occupant is not within the control of the named Insured; (2) By failure of the named Insured to comply with any warranty or condition contained in any form, rider or endorse- ment attached to this policy with regard to any portion of the premises over which the named Insured has no control; nor $(3) shall this insurance be prejudiced by any error in stating the name, number, street or location of any building(s) covered hereunder. tNOTE: —When contents are covered "Blanket" under one item with building(s), section (3) immediately above shall be changed to read as follows: nor (3) shall this insurance be prejudiced by any error in stating the name, number, street or location of any building(s) and contents covered hereunder. 16. ELECTRICAL APPARATUS CLAUSE: IF ELECTRICAL APPLIANCES OR DEVICES (INCLUDING WIRING) ARE COVERED UNDER THIS POLICY, THIS COMPANY SHALL NOT BE LIABLE FOR ANY ELECTRICAL INJURY OR DISTURBANCE TO THE SAID ELECTRICAL APPLIANCES OR DEVICES (INCLUDING WIRING) CAUSED BY ELECTRICAL CURRENTS ARTIFICIALLY GENERATED UNLESS FIRE ENSUES, AND IF FIRE DOES ENSUE THIS COMPANY SHALL BE LIABLE ONLY FOR ITS PROPORTION OF LOSS CAUSED BY SUCH ENSUING FIRE. 17. MORTGAGEE CLAUSE: (THIS ENTIRE CLAUSE IS VOID UNLESS NAME OF MORTGAGEE OR TRUSTEE IS INSERTED ON THE FIRST PAGE OF THIS POLICY IN SPACE PROVIDED THEREFOR): If another mortgagee or loss pay- able endorsement applicable to buildings is separately attached to this policy, such other endorsement shall supersede the provisions of this clause. Loss (if any) under this policy, ON BUILDINGS ONLY, shall be payable to the mortgagee(s), if named as payee(s) on the first page of this policy, as mortgagees) under any present or future mortgage upon the property described in and covered by this policy, as interest may appear, and in order of precedence of said mortgages. (a) The terms "mortgage ", "mortgagee and "mortgagor" wherever used in this clause shall be deemed to include deeds of trust and the respective parties thereto. (b) This insurance, as to the interest of the mortgagee only therein, shall not be invalidated by any act or neglect of the mortgagor or owner of the described property, nor by the use of the premises for purposes more hazardous than are permitted by this policy. (c) Any mortgagee who shall have or acquire knowledge that the premises are being used for purposes more hazardous than are per. mitted by this policy or that the premises have been vacant or unoccupied beyond the period permitted by this policy, shall forthwith notify this Company thereof and shall cause the consent of the Company thereto to be noted on this policy; and in the event of failure so to do, all rights of such mortgagee hereunder shall forthwith terminate. (d) In case the mortgagor or owner shall fail to pay any premium due or to became due under this policy, the mortgagee hereby covenants and agrees to pay the same on demand. The mortgagee also covenants and agrees to pay on demand the premium for any increased hazard for the term of the existence thereof. (e) This Company shall not be liable to the mortgagee for a greater proportion of any loss than the amount hereby insured shall bear to the whole insurance covering the property against the peril involved, under policies issued to, held by, or pavable to the mortgagee, whether collectible or not. (f) The policy provisions relating to "Mortgagee Interests and Obligations" are specifically referred to and made a part of this clause. 18. LIBERALIZATION CLAUSE: If after issuance of this policy and before its expiration, there be adopted and published for use in this State by the fire insurance rating organization of which this Company is either a member or subscriber, any forms, endorsements or rules by which this insurance could be extended or broadened without additional premium charge, by endorsement or substitution of form, then, as to loss occurring after the effective date of such adoption and publication, such extended or broadened insurance shall inure to the benefit of the Insured hereunder as though such endorsement or substitution of form had been made. 19. NUCLEAR CLAUSE: THE WORD "FIRE" IN THIS POLICY OR ENDORSEMENTS ATTACHED HERETO IS NOT INTENDED TO AND DOES NOT EMBRACE NUCLEAR REACTION OR NUCLEAR RADIATION OR RADIOACTIVE CONTAMINATION, ALL WHETH. ER CONTROLLED OR UNCONTROLLED, AND LOSS BY NUCLEAR REACTION OR NUCLEAR RADIATION OR RADIOACTIVE CON. TAMINATION IS NOT INTENDED TO BE AND IS NOT INSURED AGAINST BY THIS POLICY OR SAID ENDORSEMENTS, WHETHER SUCH LOSS BE DIRECT OR INDIRECT, PROXIMATE OR REMOTE, OR BE IN WHOLE OR IN PART CAUSED BY, CONTRIBUTED TO, OR AGGRAVATED BY "FIRE" OR ANY OTHER PERILS INSURED AGAINST BY THIS POLICY OR SAID ENDORSEMENTS; HOWEVER, SUBJECT TO THE FOREGOING AND ALL PROVISIONS OF THIS POLICY, DIRECT LOSS BY "FIRE" RESULTING FROM NUCLEAR REACTION OR NUCLEAR RADIATION OR RADIOACTIVE CONTAMINATION IS INSURED- AGAINST BY THIS POLICY. F STANDARD FORMS BUREAU FORM 202 -NS (OCT. 1958) EXTENDED COVERAGE ENDORSEMENT ' 16 (PERILS OF WINDSTORM, HAIL, EXPLOSION, RIOT, RIOT ATTENDING A STRIKE, CIVIL COMMOTION, AIRCRAFT, VEHICLES, SMOKE, EXCEPT AS HEREINAFTER PROVIDED) FOR USE ON ALL RISKS OTHER THAN DWELLING AND FARM PROPERTIES In consideration of the premium for this coverage as shown on the first page of this policy, and subject to provisions and stipulations (herein -, after referred to as "provisions ") herein and in the policy to Which this endorsement is attached, including riders and endorsements thereon, the cov- erage of this policy is extended to include direct loss by WINDSTORM, HAIL, EXPLOSION, RIOT, RIOT ATTENDING A STRIKE, CIVIL COM- MOTION, AIRCRAFT, VEHICLES, AND SMOKE. THIS ENDORSEMENT DOES NOT INCREASE THE AMOUNT OR AMOUNTS OF INSURANCE PROVIDED IN THE POLICY TO WHICH IT IS ATTACHED. if this policy covers on two or more items, the provisions of this endorsement shall apply to each item separately. SUBSTITUTION OF TERMS: In the application of the provisions of this policy, including riders and endorsements lout not this endorse- ment), to the perils covered by this Extended Coverage Endorsement, wherever the word "fire" appears there shall be substituted therefor the peril involved or the loss caused thereby, as the case requires. APPORTIONMENT CLAUSE: THIS COMPANY SHALL NOT BE LIABLE FOR A GREATER PROPORTION OF ANY LOSS LESS THE AMOUNT OF DEDUCTIBLE, IF ANY, FROM ANY PERIL OR PERILS INCLUDED IN THIS ENDORSEMENT THAN (1) THE AMOUNT OF INSURANCE UNDER THIS POLICY BEARS TO THE WHOLE AMOUNT OF FIRE INSURANCE COVERING THE PROPERTY, OR WHICH WOULD HAVE COVERED THE PROPERTY EXCEPT FOR THE EXISTENCE OF THIS INSURANCE, WHETHER COLLECTIBLE IN- SURED HEREUNDER (2) NOR OR OR H'IN SUCH A GREATER PROPORTION OF ANY LOSS LESS I THE AD ADDITIONAL OF DE DUC7 BILE, F NY, THAN THE AMOUNT HEREBY INSURED BEARS TO ALL INSURANCE WIIETIIER COLLECTIBLE OR NOT, COVERING IN ANY MANNER SUCH LOSS, OR WHICH WOULD HAVE COVERED SUCH LOSS EXCEPT FOR THE EXISTENCE OF THIS INSURANCE; EXCEPT IF ANY TYPE OF INSURANCE OTHER THAN FIRE EXTENDED TO COVER ADDITIONAL PERILS OR WINDSTORM INSURANCE APPLIES TO ANY LOSS TO WHICH THIS INSURANCE ALSO APPLIES, OR WOULD HAVE APPLIED TO ANY SUCH LOSS EXCEPT FOR THE EXISTENCE OF THIS INSURANCE, THE LIMIT OF LIABILITY OF EACH TYPE OF INSURANCE FOR SUCH LOSS, HEREBY DESIG- NATED AS "JOINT LOSS ", SHALL FIRST BE DETERMINED AS IF IT WERE THE ONLY INSURANCE, AND THIS TYPE OF INSUR- ANCE SHALL BE LIABLE: FOR NO GREATER PROPORTION OF JOINT LOSS THAN THE LIMIT OF ITS LIABILITY FOR SUCH LOSS BEARS TO THE SUM OF ALL SUCH LIMITS. THE LIABILITY OF THIS COMPANY (UNDER THIS ENDORSEMENT) FOR SUCH JOINT LOS SHALL BE LIMITED TO ITS PROPORTIONATE PART OF THE AGGREGATE LIMIT OF THIS AND ALL OTHER INSUR- ANCE EXCESS OFITHE HIGHEST DEDUCIBLE, IF ANY,, TO WHICH THIS ENDORSEMENT OAND OTHER TYPE OF FI INSURANCE LABOVE REFERRED TO BOTH APPLY. NUCLEAR EXCLUSION: LOSS BY NUCLEAR REACTION OR NUCLEAR RADIATION OR RADIOACTIVE CONTAMINATION, ALI, WHETHER CONTROLLED OR UNCONTROLLED, IS NOT INSURED .AGAINST BY THIS EXTENDED COVERAGE ENDORSEMENT, WHETHER SUCH LOSS BE DIRECT OR INDIRECT. PROXIMATE OR REMOTE, OR BE IN WHOLE OR IN PART CAUSED BY, CON. TRIBUTED TO. OR AGGRAVATED BY WINDSTORM. HAIL. EXPLOSION, RIOT, RIOT ATTENDING A STRIKE, CIVIL. COMMOTION, AIRCRAFT. VEHICLES OR SMOKE; AND NUCLEAR REACTION OR NUCLEAR RADIATION OR RADIOACTIVE CONTAMINATION, ALL WHETHER CONTROLLED OR UNCONTROLLED, IS NOT `EXPLOSION' OR `SMOKE'. WAR RISK EXCLUSION CLAUSE: THIS COMPANY SHALL NOT BE LIABLE FOR L05S CAUSED DIRECTLY OR INDIRECTLY BY (a) HOSTILE OR WARLIKE ACTION IN TIME OF PEACE OR WAR, INCLUDING ACTION IN HINDERING, COMBATING OR DE. FENDING AGAINST AN ACTUAL, IMPENDING OR EXPECTED ATTACK, (1) BY ANY GOVERNMENT OR SOVEREIGN POWER (DE JUKE OR DE FACTO). OR BY ANY AUTHORITY MAINTAINING OR USING MILITARY, NAVAL. OR AIR FORCES; OR (2) BY MILL TARY, NAVAL. OR AIR FORCES; OR (3) BY AN AGENT OF ANY SUCH GOVERNMENT. POWER. AUTHORITY OR FORCES. IT BEING UNDERSTOOD THAT ANY DISCHARGE, EXPLOSION OR USE OF ANY WEAPON OF WAR EMPLOYING NUCLEAR FISSION OR FUSION SHALL BE CONCLUSIVELY PRESUMED TO BE SUCH A HOSTILE OR WARLIKE ACTION BY SUCH A GOVERNMENT. POWER, AUTHORITY OR FORCES; (b) INSURRECTION. REBELLION. REVOLUTION, CIVIL WAR, USURPED POWER, OR ACTION TAKEN BY GOVERNMENTAL AUTHORITY IN HINDERING, COMBATING OR DEFENDING AGAINST SUCH AN OCCURRENCE. WATER EXCLUSION CLAUSE: THIS COMPANY SHALL NOT BE LIABLE FOR LOSS CAUSED BY, RESULTING FROM, CON. TRIBUTED TO OR AGGRAVATED BY ANY OF THE FOLLOWING: WAVE. O (a) OFOWATER, SURFACE WATER, FROM NY OF THE TIDAL ALL WHETH RVDRIVEN BYFWIND ORS OTHER BODIES NOT; (b) WATER WHICH BACKS UP THROUGH SEWERS OR DRAINS; (c) WATER BELOW THE SURFACE OF THE GROUND INCLUDING THAT WHICH EXERTS PRESSURE ON OR FLOWS, SEEPS OR LEAKS THROUGH WINDOWS ORSIDEWALKS. A Y AOTHER OPENINGS IN SUCHIOSIDEWALKS, DR DRIVEWAYS, FOUNDATIONS, WALLS THROUGH WALL OR j FLOORS; UNLESS LOSS BY FIRE OR EXPLOSION ENSUES, AND THIS COMPANY SHALL THEN BE LIABLE ONLY FOR SUCH ENSUING LOSS. WAIVER OF POLICY PROVISIONS: A claim for loss from perils included in this endorsement shall not he barred because of change of occupancy, nor because of vacancy or unocenpancy. ^�^^ THE PROVISIONS PRINTED ON THE BACK OF THIS FORM ARE HEREBY REFERRED TO AND MADE A PART HEREOF. 202 -NS OCT. 1958 CAUTION: WHEN THIS ENDORSEMENT IS ATTACHED TO ONE FIRE POLICY. THE INSURED SHOULD SECURE LIRE '4. COVERAGE ON ALL FIRE POLICIES COVERING THE SAME PROPERTY. PROVISIONS REFERRED TO IN AND MADE PART OF THIS FORM (NO. 202 -NS) PROVISIONS APPLICABLE ONLY TO WINDSTORM AND HAIL: THIS COMPANY SHALL NOT BE LIABLE FOR LOSS CAUSED DIRECTLY OR INDIRECTLY BY (a) FROST OR COLD WEATHER OR (b) ICE (OTHER THAN HAIL), SNOW OR SLEET, WHETHER DRIVEN BY WIND OR NOT. THIS COMPANY SHALL NOT BE LIABLE FOR LOSS TO THE INTERIOR OF THE BUILDING OR THE PROPERTY COVERED THEREIN CAUSED, (a) BY RAIN, SNOW, SAND OR DUST, WHETHER DRIVEN BY WIND OR NOT, UNLESS THE BUILDING COVERED OR CONTAINING THE PROPERTY COVERED SHALL FIRST SUSTAIN AN ACTUAL DAMAGE TO ROOF OR WALLS BY THE DIRECT FORCE OF WIND OR HAIL AND THEN SHALL BE LIABLE FOR LOSS TO THE INTERIOR OF THE BUILDING OR THE PROPERTY COV- ERED THEREIN AS MAY BE CAUSED BY RAIN, SNOW, SAND OR DUST ENTERING THE BUILDING THROUGH OPENINGS IN THE ROOF OR WALLS MADE BY DIRECT ACTION OF WIND OR HAIL OR (b) BY WATER FROM SPRINKLER EQUIPMENT OR OTHER PIPING, UNLESS SUCH EQUIPMENT OR PIPING BE DAMAGED AS A DIRECT RESULT OF WIND OR HAIL. UNLESS AN ADDITIONAL PREMIUM IS CHARGED AND THIS POLICY IS SPECIFICALLY ENDORSED TO PROVIDE FOR COV- ERAGE OF WINDSTORM AND HAIL DAMAGE THIS COMPANY SHALL NOT BE LIABLE FOR DAMAGE TO THE FOLLOWING PROP- ERTY; (a) GRAIN, HAY, STRAW OR OTHER CROPS OUTSIDE OF BUILDINGS OR (b) WINDMILLS, WINDPUMPS OR THEIR TOWERS, OR (c) CROP SILOS (OR THEIR CONTENTS), OR (d) CLOTH AWNINGS, SIGNS, RADIO OR TELEVISION ANTENNAS AND AERIALS INCLUDING THEIR MASTS AND TOWERS, METAL SMOKE STACKS, OR (e) BUILDINGS (OR THEIR CONTENTS) IN PROCESS OF CONSTRUCTION UNLESS ENTIRELY ENCLOSED AND UNDER ROOF WITH ALL OUTSIDE DOORS AND WINDOWS PERMANENTLY IN PLACE. PROVISIONS APPLICABLE ONLY TO EXPLOSION: LOSS BY EXPLOSION SHALL INCLUDE DIRECT LOSS RESULTING FROM THE EXPLOSION OF ACCUMULATED GASES OR UNCONSUMED FUEL WITHIN THE FIREBOX (OR COMBUSTION CHAMBER) OF ANY FIRED VESSEL OR WITHIN THE FLUES OR PASSAGES WHICH CONDUCT THE GASES OF COMBUSTION THEREFROM. HOWEVER, THIS COMPANY SHALL NOT BE LIABLE FOR LOSS BY EXPLOSION, RUPTURE OR BURSTING OF: (a) STEAM BOILERS, STEAM PIPES, STEAM TURBINES OR STEAM ENGINES; OR (b) ROTATING PARTS OF MACHINERY CAUSED BY CENTRIFUGAL FORCE; IF OWNED BY, LEASED BY OR ACTUALLY OPERATED UNDER THE CONTROL OF THE INSURED. THE FOLLOWING ARE NOT EXPLOSIONS WITHIN THE INTENT OR MEANING OF THESE PROVISIONS: (a) CONCUSSION UNLESS CAUSED BY EXPLOSION, (b) ELECTRICAL ARCING, (c) WATER HAMMER, (d) RUPTURE OR BURSTING OF WATER PIPES. ANY OTHER EXPLOSION CLAUSE MADE A PART OF THIS POLICY IS SUPERSEDED BY THIS ENDORSEMENT. PROVISIONS APPLICABLE ONLY TO RIOT, RIOT ATTENDING A STRIKE AND CIVIL COMMOTION: Loss by riot, riot attending a strike or civil commotion shall include direct loss by acts of striking employees of the owner or tenant (s) of the described building (s) while occupied by said striking employees and shall also include direct loss from pillage and looting occurring during and at the immediate place of a riot, riot attending a strike or eMI commotion. UNLESS SPECIFICALLY ENDORSED HEREON IN WRITING THIS COMPANY SHALL NOT BE LIABLE, IiOWEVER, FOR LOSS RESULTING FROM DAMAGE TO OR DESTRUCTION OF THE DESCRIBED PROPERTY OWING TO CHANGE IN TEMPERATURE OR HUMIDITY OR INTERRUPTION OF OPERATIONS WHETHER OR NOT SUCH LOSS IS COVERED BY THIS POLICY AS TO OTHER PERILS. PROVISIONS APPLICABLE ONLY TO LOSS BY AIRCRAFT AND VEHICLES: THE TERM "VEHICLES ", AS USED IN THIS ENDORSEMENT, MEANS VEHICLES RUNNING ON LAND OR TRACKS BUT NOT AIRCRAFT. LOSS BY AIRCRAFT OR BY VEHICLES SHALL INCLUDE ONLY DIRECT LOSS RESULTING FROM ACTUAL PHYSICAL CONTACT OF AN AIRCRAFT OR A VEHICLE WITH THE PROPERTY COVERED HEREUNDER OR WITH THE BUILDING CONTAINING THE PROPERTY COVERED HEREUNDER, EXCEPT THAT LOSS BY AIRCRAFT INCLUDES DIRECT LOSS BY OBJECTS FALLING THEREFROM. THIS COMPANY SHALL NOT BE LIABLE, HOWEVER, FOR LOSS (a) BY ANY VEHICLE OWNED OR OPERATED BY THE INSURED OR BY ANY TENANT OF THE DESCRIBED PREMISES; (b) BY ANY VEHICLE TO FENCES, DRIVEWAYS, WALKS OR LAWNS; (c)TO ANY AIRCRAFT OR VEHICLE INCLUDING CONTENTS THEREOF OTHER THAN STOCKS OF AIRCRAFT OR VEHICLES IN PROCESS OF MANUFACTURE OR FOR SALE. PROVISIONS APPLICABLE ONLY TO SMOKE: THE TERSII "SMOKE" AS USED IN THIS ENDORSEMENT MEANS ONLY SMOKE DUE TO A SUDDEN, UNUSUAL AND FAULTY OPERATION OF ANY IIEATING OR COOKING UNIT, ONLY WHEN SUCH UNIT IS CONNECTED TO A CHIMNEY BY A SMOKE PIPE OR BY A VENT, AND WHILE IN OR ON THE PREMISES DESCRIBED IN THIS POLICY, EXCLUDING, HOWEVER, SMOKE FROM FIREPLACES OR INDUSTRIAL .APPARATUS. PROVISIONS APPLICABLE ONLY WHEN THIS ENDORSEMENT IS ATTACHED TO A POLICY COVERING BUSINESS INTERRUPTION (USE AND OCCUPANCY), EXTRA EXPENSE. ADDITIONAL LIVING EXPENSE, RENTS, LEASEHOLD INTEREST, PROFITS AND COMMISSIONS, OR CONSEQUENTIAL LOSS: WHEN THIS ENDORSEMENT IS ATTACHED TO A POLICY COVERING BUSINESS INTERRUPTION (USE AND OCCUPANCY), EXTRA EXPENSE, ADDITIONAL LIVING EXPENSE, RENTS, LEASEHOLD INTEREST, PROFITS AND COMMISSIONS, OR CONSEQUENTIAL LOSS, THE TERM "DIRECT', AS APPLIED TO LOSS, MEANS LOSS, AS LIMITED AND CONDITIONED IN SUCH POLICY, RESULTING FROM DIRECT LOSS TO DESCRIBED PROP- ERTY FROM PERILS INSURED AGAINST; AND, WHILE THE BUSINESS OF THE OWNER OR TENANT(S) OF THE DESCRIBED BUILDING(S) 15 INTERRUPTED BY A STRIKE AT THE DESCRIBED LOCATION, THIS COMPANY SHALL NOT BE LIABLE FOR ANY LOSS OWING TO INTERFERENCE BY ANY PERSON(S) WITH REBUILDING, REPAIRING OR REPLACING THE PROPERTY DAM., AGED OR DESTROYED OR WITH THE RESUMPTION OR CONTINUATION OF BUSINESS. 0 Ln 0 U Z 1h co In W 0 LL z I- z W 2 w to z it w QI W Lo Z 0: 0 W W w 0 Ia V M w > 0 U 0 W O Oz 0 1 w W J x F. z Z 0 W U) 23 to x .0 JW Z TV nW ax Q act° CV In C' t 'C' C) Ew" 7y C4 1� O xV C 0 �Jw Qw Wn Fx O FW Gp zF wz Gz O O u O ti 7 ww XW Wz ro oa xo WZ xG O iq zx Z- x. 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NEW-------------- 104AP5159 x x x x x x $ , 043 $ FIRE °nor 4, A CAPITAL STOCK COMPANY P`,,, �P QZm ST. PAUL FIRE MARINE $ .88 and Y � 2 Gc "aooun)sstS` 0� t FOUNDED 1853 �FRCURV TOTALS) $ •'r' SAINT PAUL, MINNESOTA MILLS BUILDING, SAN FRANCISCO, CALIFORNIA 1 Name of Insured ------ ONALD ''Kf...TOSH -- AND. .IAN.- M._TOSH_DHA---- _. - -__ -. SAY A REN]Fn® TOSH.BROTHERS AND_THE. CITY. OF NEWPORT-- - - - - -, 333 N. NEWPORT BLVD., NEWPORT BEACH, CALIF. BEACH _ _............ ................. ............................... ........_........... ......_.......... Telephone Liberty 81188 ............................... JPolicy Term ------- ......................................................................... 3..T! aATA---- from... ?�E.. �: s...7 -. 950........ _------------------ ---__- - - - - -. containing the property covered. to... �i![E.. 1�.n... 196 ....... ............------ ..._--- ---- -- at noon standard time at location of property INSURANCE IS PROVIDED AGAINST ONLY THOSE PERILS AND FOR ONLY THOSE COVERAGES INDICATED BELOW BY A PREMIUM CHARGE AND AGAINST OTHER PERILS AND FOR OTHER COVERAGES ONLY WHEN ENDORSED THEREON OR ADDED THERETO. ppAAAA�Tpp PREMIUM ANNUAL PAYMENT PERILS) Insured Against and Cover- FOR COMPANY USE ONLY IF n11corinnl DooEe UNDER of AFnl age(s) Provided (insert Name of Each) (DO NOT USE THIS SPACE) AMOUNT TIDD ATT MAT $11,000.00 $ 1.28 $ $ 140.80 FIRE AND LIGHTNING x x x x x x $ , 043 $ $ 4.73 EXTENDED COVERAGE xxxxxxx $ .008 $ $ .88 V. & MM $ $ $ TOTALS) $ $ 146.41 $ TOTAL PREMIUM FOR POLICY ON INSTALLMENT BASIS Item Amount Fire or Fire and Extended Coy- Per Cent of Co- Insurance Rate if IlTnof Shown II DESCRIPTION AND Show construction, type of NS. erage, or Other Perils Applicable Above containing the property covered. 1. -$ 11,000.00 t OF PROPERTY COVERED upancy of building(s) covered or as a dwelling state number of families. 100% ON FURNITURE AND FURNITURES AND TENANTS IMPROVEMENTS USUAL TO A CLASS D RESTAURANT SITUATED ON SHORE $CAD, CORONA DEL MAR STATE, CITY OF NEWPORT BEACH PARK, CORONA DEL MAR, CALIFORNIA TENTATIVE RATE ENDT. Subject to Form Nola). 471NS (10 -58) ; 202NS (10 -58) ; 585NS (10 -58) ; 166NS (6 -58) ; 345 (10 -45) tAortgage Clause: Subject to the provisions of the mortgage clause attached to policy, loss, if any, on building items, shall be payable to: ELSTER'S (CHATTEL MORTGAGEE), 115 S. LOS ANGELES STREET, LOS ANGELES 12, CALIFORNIA Agency at NEWPORT BEACH, CALIFORNIA Countersignature Date ,TUNE 20, 1960 gent JAY & RENFRO y This Memorandum is for information only; it is not a contract of insurance but attests that a policy as numbered herein, and as it stands at the date of this certificate, has been issued by the Company. Said policy is subject to change by endorsement and to assignment and cancellation in accordance with its terms. THIS IS A COPY ONLY FORM Is101C (REV. 2 -59) i ! Attached for return to Tosh Bros, is Bank of America Cashier's Check No. 2292086, in the amount of $2000, being the check received with the proposal for the concession at the Corona del Mar State and City Beach on March 10, 1960. This check is being returned to you since you have informed me that Tosh Bros., the successful bidders for the concession have presented you with a check today in compliance with the agreement executed by the Tosh Bros. and the City of Newport Beach. Marger Sch ouder City Clerk RECEIVED BY fir/ " r: ank .Johnson .- Finance Director;' July 13, 1960 0 0 CITY OF NEWPORT BEACH CALIFORNIA City Hell 3300 W. N*-F*r BW- OPA96 3 -2110 June 16, 1960 Tosh Brothers 3708 Linden Long Beach, California Gentlemen: The certificate of insurance which you recently returned to me with a required endorsement is being sent to you again, accompanied by a copy of the memorandum which I received today from the City Attorney's office. It is suggested that you note the deficiencies in the coverage and have the policy comply with the required terms of the agreement. Please then return the insurance certificate to me. Very truly yours, Margery Schrouder City Clerk City of Newport Beach MIS: em Att. I ROYAL INDEMNITY COMPANY ROYAL EXECUTIVE OFFICE : NEW YORK A NEW YORK CORPORATION Ismustanr cassawn (tertif rate of 3nouranre Date MAY 8, 1960 Issued at the request of CITY OF NEWPORT BEACH Address X#ts to in IIrriifg that the insured named below is of this date insured with this Company as described in the following schedule. or4rhulr Name of Insured DONALD W. TOSH AND IAN M. TOSH DBA: TOSH BROTHERS Address 3708 LINDEN, LONG BEACH, CALIF. Locations Covered STATE OF CALIF. Description of Work ALL OPERATIONS OF THE INSURED INCLUDING AUTO. LIMITS OF LIABILITY KIND OF POLICY EXPIRATION I Bodily Injury Property Damage POLICY NUMBER DATE Aggregate S _i Accident C.ach Person fPach A }Each Accident s I S ( S Workmen's As providenn L Workmen's XXXX XXXX Compensation State of_ ... .... - ._...- ___..._ - - -___ Property Damage MinvuGenlrer,' or Contractor,' Liability _ Owners' or Contractors' I P mPerty Damage Protrcuve Liability ae Property Uamt Owner,', Landlords' i and Tenants' Liability Automobile Liability — I XXXX insuring: I All Owned Vehicles I XXXX ❑ All Hired Vehicles Q All Other Non -Owned XXXX Vehicles i XXXX ( Cl The following I vehicle,-. —_ —_- Comprehensive Liability; - Comprehensive i XXXX t Automobile RLP 147110 5/8/63 500, 000. 000, 000. 1, 000, 000. Il, Bodily Injury Comprehmsive ,000,000. Property Damge RLP 147110 1 5/8/63 500,000. 11,000,000. 50,000. 50,000. i I I _ t Each occurrence as fe sp eccs Family Automobile coverage. The Company will mail to the party at whose request this certificate is iss a any material change in or cancellation of the said policy or policies. — 30 DAYS PRIOR TO TER CHANGE OR CANCELLATION. ROY v1 OM By R20798G501A .. FRQ Authorlard RepAgentative u•w r- i ENDORSEMENT This endorsement is issued for attachment to and is hereby made a part of the polity designated above, and is effective as of the date indicated, standard time and at the effective hour stated on the policy at the address of the named insured as stated in the policy THE CITY OF NL`A'PORT BEACH IS NOT LIA13LE rOR THE PAYMENT OF ANY PREDAIUMS O.R. ASSESSUENTS ON THIS POLICY. Nothingrn contain c t waiv tter, vary or extend any of the terms or provisions of the policy, except herein stated, nor shall this endo Went c pa unless countersigned by a duly authorized representative of the company. Coun e i •i PRFSIDZNT L'r'-�ntatiVe jAy & RENMOFOR OFFICE rye Policy Symbol and Number Name of Company IMP 147110 I ROM 1D. co. wr Named Insured I)Mi 1 d N. Togh agW X. 1 5/8/60 s ENDORSEMENT. This endorsement is issued for attachment to and is hereby made a part of the policy designated above, and is effective as of the date indicated, standard time and at the effective hour stated on the policy at the address of the named insured as stated in the policy. L_ J rssureds name amended to read* Donald M. iook wd Im K. Tomb, MO l08h brothers Nothing herein contained .sba11 be h d o w ' alter, vary' or extend any of the terms or provisions of the policy, except as herein stated, nor shall this endor en c y unless countersignedhy a duly authorized representative of the company. Dy Co u rs�gne TA ARb. 10 TYP SUP v v v _____ _ems _____ ______-------- ----- _ Aut ed ¢presentsypyy FOR OFFICE USE ONLY PRESIDENT .Yt� �RENFRO OEP LINE FORM CLASS LIMITS- E %P URE T%% STET TEAR AUD ER TAN EFF, M0. YR. E %PIR. M0. YR. PREMIUM EXCEPT P.D. P. D, PREMIUM RESERVE B.I. PR RESERVE P.D. PREM .I. [P.D. CL10029K- ?SOA4� - E iD . r` Copcehesive General -- Comprehensive General- Auwnwbile :... r - - >. m n _ Owners', Landlords' and Tenants' Liability . . jeprractae Manufacturers' and Contractors' Liability PARTNERS AS NAMED INSURED This endorsement is issued for attachment to and is hereby made a part of the policy designated below and is effective as of the date indicated, at 12:01 A.M., standard time at the address of the named insured as stated in the policy. Policy Number Name of Company Endorsement Mo h, Day, Year) RLP 147110 ROYAL IUD. CO. Effective 51��0 Date Named Insured TOSH BROTHERS Producer Producer Code Number It is agreed that the policy applies to named partners of the partnership named in the declarations only while acting within the scope of their duties as such. Nothing herein contain, al! -JI• ve, alter, vary or extend any of the terms or provisions of the policy, except as herein stated, nor shall th' ndorsem td—H iy unless countersigned by a duly authorized representative of the company. Countersigned by: — ----------- ------ horized Representative PRESIDENT CL20710P.15M.&H --I" 0537, P.C.80e E:0. 4 . . THREE YEAR POLICY ENDORSEMENT It is agreed that such insurance as is afforded by the policy applies subject to the following provisions: 1. The policy period stated in the declarations is comprised of three consecutive annual periods. 2. Rates for the automobile hazards are subject to amendment for the second and third annual periods in accordance with the company's rules and rating plans. 3. Computation and adjustment of earned premium shall be made at the end of each annual period. 4. Aggregate limits of liability as stated in the policy shall apply separately to each annual period in the same manner in which they would apply if the policy period were one year. 07110 Attached to and beeeby made a pan of Palmy No RLP issued by the ROYAL /mdemmity Company i 0- Countersigned: CL -40134 Sr'ANDARD C OMPRMIENS VR Authorized Representative Policy Symbol end Number RLP 147110 .e.•• Named Insured TOSH BROTHERS F ROYAL IND. CO. E iD. r J ENDORSEMENT INCL. This endorsement is issued for attachment to and is hereby made a part of the policy designated above, and is effective as of the date indicated, standard time and at the effective hour stated on the policy at the address of the named insured as stated in the policy. L_ J IT IS HEREBY UNDERSTOOD AND AGREED BY THIS COMPANY THAT IN THE EVENT OF CANCELLATION OF THIS POLICY, EITHER BY THIS COMPANY OR AT THE REQUEST OF THE INSURED, THE CITY OF NEWPORT BEACH, WILL BE GIVEN 30 DAYS NOTICE IN WRITING BEFORE SUCH CANCELLATION SHALL BECOME EFFECTIVE, ANYTHING.: IN THE PRINTED CONDITIONS OF THIS POLICY TO THE CONTRARY NOTWITHSTANDING. Nothing herein container! be the vary' or extend any of the terms or provisions of the policy, except as herein stated, nor shat his en a mpan ss countersigned by a duly authorized representative of the company. Co ersi by CL 20029K• Z50W659 PRESIDEKT •� ± FOR OFFICE USE ONLY e .. CL 20029K• Z50W659 E;ND. j, 2 Named Msufed Addrov,ual Premu,m Return Premium TOgW RR0TW17RS i a INCL_ $ I� This endorsement is issued for attachment to and is hereby made a part of the policy designated above, and is effective as of the date indicated, standard time and at the effective hour stated on the policy at the address of the named insured as II stated in the policy. L._ J IT IS HEREBY UNDERSTOOD AND AGREED THAT THE UNDERMENTIONED POLICY DOES NOT APPLY AS RESPECTS THE OWNED AUTOMOBILES OF THE NAMED INSURED. Nothing herein container( shat rXw, vary or e xtend any of the terms or provisions of the policy, except as herein stated, nor shall this endorse ompountersignedhy a duly authorized representative of the cnmpany. Countersigned by uauaR- cwnto-ar.-._ - L ve FOR OFFICE USE ONLY PRESIDENT OF' 24 4111 - ----------- M0 WE uauaR- cwnto-ar.-._ EIAD. p 1 ENDORSEMENT ' Policy Symbol and Number Name of Company Ee cement D.rtc IM... Day, Yr.1 Pmd.er, Code No. ~ RLP 147110 ROYAL IND. CO. 5/8/60 ••-• Named Insured I AJJiUonil Premmm Return Premmm TOSH BROTHERS 1$ INCL. Ii ' 1 - This endorsement is issued for attachment to and is hereby made a part of the policy designated above, and is effective as of the date indicated, • standard time and at the effective hour stated on the policy at the address of the named insured as L_ stated in the policy. J "THE FOLLOWING ARE ADDED AS ADDITIONAL INSUREDS BUT ONLY WITH RESPECT TO THEIR INTEREST IN PROPERTIES LEASED TO DONALD W. TOSH AND IAN TOSH LOCATED AT BIG CORONA BEACH: 1.- THE CITY OF NEWPORT BEACH 2.- THE STATE OF CALIFORNIA AND THEIR OFFICERS AGENTS AND EiAPLOYEES Nothing herein container el waive, alt ary' or extend any of the terms or provisions of the policy, except as herein stated, no s his ender a to t 'omp n countersigned l +y a duly authorized representative of the company. C ntersi �X PRESIDENT w five FOR OFFICE USE ONLY Mm .. L71 SCHEDULES Advance Premiums Description of Automobile Hazards (I. Purposes of Use columns "C' means "commercial" 'P° means "pleasure and business;' each as defined in this policy) Coverage A Bodily Isioty Lability Coverage B Property Damage Liability (1) Owned Automobiles Premium Basis —Per Automobile Year of Principally Garaged In Model Body Type and Model; Truck Itlentifcation Size; Tank Gallonage Capacity; Trade Name or Bus Seating Capacity No. Pur- or Serial No. or poses Engine No. of Use $ $ Graded Premium Reduction % _ C (2) Hired Automobiles Premium Basis —Cost of Hire 17.30 ` r 6.2, Principally Purposes Estimated Types Hired Used In of Use Cost of Hire . t, Ratesper$100 Costof Hire Coverage A Coverage 8 (c) starts ins (c Per $100 (3) Non -Owned Automobiles Premium Basis —Class I Persons and Class 2 Employees • Class t Persons —Total Location of Headquarters Number by Locations Rate Per Person Coverege A Coverage B Class 2 Employees—Estimated Location of Headquarters of Average Number Class 2 Employees 44 NEWPORT BEACH,CALIF. Rate Per Employee Coverage A Coverage B .26 .125 Supplementary Charge A-1008 FLAT 12.719 a 1 7 .0 5,a7 EQUIPWNT RENTAL Total Advance Automobile Premium 1 $ 17.47 6.3 Description of General Liability Hazards Rates Advance Premiums The rating classifications under the Description of Hazards do not Code No. modify the exclusions or other tams of this policy. Premium Bates Coverage Coverage Coverage Coverage A C A C (a) Premises — Operations O) Asa (fig. a.) (b) Frontage O) Per 100 sty. (b) Per Linear ft. Asa Ft. $ $ (c) starts ins (c Per $100 of Remuneration D- RECEIPT CORONA DEL MAR BEACH RESTAURANT 1703 COVERED WALK 379 A-1008 FLAT 12.719 .189 $)4,60 5,a7 EQUIPWNT RENTAL 2,75 244.20 37.8` 71bE D- 10,000. .8114 -315 944.4f ADD'L INTEREST 12,21 4 (b) Elevators Number Insured Per Elevarot (c) Independent Contractors Core Preslo41loofeost I (d) Products (Including Completed Operations) false Per $1000 of bales RESTAURANT 1122S 120,000. .598 .03 215.28 22.8C (e) Contracts as Defined in Condition 3 (a) Number Insured (b) Cwt (, Paco..racr (b Per $100 of Cost mass Supplementary Charge 9.89 1.61 General Lis I P .m Zm $ 998.93 t 62.9, EXTRA COPY Products (Including Completed Operations) ? Note: If Products hazard is to be insured, please supply list of all products or by- products sold, manufactured, handled or distributed. 23. Is coverage desired for work completed by or for the applicant? This would refer to such things as completed buildings, or parts Yea No thereof, completed streets, or highways, etc. ❑ ❑ Contractual 24. Does applicant have any sidetrack or other agreements with Yee No railroads? ❑ ❑ QUESTIONNAIRE Yea No Qoe.. MEMORANDA ❑ ❑ 26. Does applicant have any elevator or escalator agreements under No. Please insert hereunder any necessary extended replies Premises - Operation&- Miscellaneous lease or contract? ❑ ❑ 27. 1. Does applicant own, rent, lease, or operate any property such as: ❑ or distributors with respect to goods or products? Do such sales offices, mercantile or office buildings, apartment buildings, agreements or purchase order blanks contain any hold harmless Yea No clauses? theatres, warehouses, stores, residences or estates? Is he a ion- Yea No Has applicant assumed any liability under any municipal or other Yea No cessionaire on anyone else's property? ❑ ❑ ❑ 29. 2. Does applicant own, rent, lease or occupy any land, farms, Ye, No assumed liability? ❑ ❑ camps, docks or wharves? ❑ ❑ 3. Does applicant use or advertise through the medium of signs, posters, bulletins, placards, street banners, etc., which are placed Yea No on premises not occupied by the applicant? ❑ ❑ 4. Does applicant act for any property in the capacity of trustee, executor, administrator, guardian, receiver, or in any other Yea No fiduciary capacity, or as managing agent? ❑ ❑ 5. Does applicant sublet any portion of premises he owns, rents, Yea No leases or occupies? ❑ ❑ 6. Does applicant do any installation, repair or construction work Ye. No off the premises? ❑ ❑ 7. Does applicant demonstrate goods or products away from the Yea No premises? ❑ ❑ 8. Does applicant contemplate any new construction, structural Yea No alterations or demolition work? ❑ ❑ 9. Does applicant rent or lease mechanical equipment to or from Yea No others? ❑ p 10. Does applicant own or operate any railroad, locomotives, freight Yea No cars, industrial trucks, etc.? ❑ ❑ 11. Does applicant handle, sell or use explosives? Yea ❑ No ❑ 12. Does applicant own or operate any water craft? If so, are pas- Yea No sengers carried for a consideration? ❑ ❑ 13. Does applicant own or occupy an industrial village? If so, ex- plain fully, giving number of residences, churches, theatres, stores Yea No and the street mileage. ❑ ❑ 14. Does applicant have any joint operations with others? Ye, ❑ No ❑ 15. Does applicant own or use any dogs away from the insured Yea No premises? ❑ ❑ 16. Does applicant employ any nurses, doctors or dentists? Yes ❑ No ❑ 17. Does applicant maintain any hospital, infirmary, clinic, first -aid Yea No station? ❑ ❑ 18. Does applicant own or operate any beauty parlor, barber shop, bathhouse, drug store, liquor store, swimming pool, sanitarium, Yea No health institution, etc.? ❑ ❑ 19. Is there any other professional or malpractice exposure? Yea ❑ No ❑ 2D. If malpractice or professional exposure is let out on concession, does concessionaire carry professional liability coverage? If so, Yea No state policy term and limits carried. ❑ ❑ 21. Does applicant own, operate or use grandstands, bleachers, stadiums, clubs, gymnasiums; or sponsor any excursions, con- Yea No certs, entertainments, conventions, etc.? ❑ ❑ A. If sports contests are sponsored, are the participants Yea No limited to employees of the applicant? ❑ ❑ Independent Contractors 22. Does applicant let or sublet any work to others apart from con- Yee No struction, repair or demolition of owned or controlled premises? ❑ ❑ Products (Including Completed Operations) ? Note: If Products hazard is to be insured, please supply list of all products or by- products sold, manufactured, handled or distributed. 23. Is coverage desired for work completed by or for the applicant? This would refer to such things as completed buildings, or parts Yea No thereof, completed streets, or highways, etc. ❑ ❑ Contractual 24. Does applicant have any sidetrack or other agreements with Yee No Medical Payments 30. railroads? ❑ ❑ Limit $ per person. Yea No 25. Does applicant have any leases containing hold harmless clauses? ❑ ❑ 26. Does applicant have any elevator or escalator agreements under Yea No 32. lease or contract? ❑ ❑ 27. Does applicant have any agreements with dealers, manufacturers ❑ ❑ or distributors with respect to goods or products? Do such 33. agreements or purchase order blanks contain any hold harmless Yea No clauses? ❑ ❑ 28. Has applicant assumed any liability under any municipal or other Yea No ordinance? ❑ ❑ 29. Are there any other agreements under which the applicant has Yea No assumed liability? ❑ ❑ Medical Payments 30. Is medical payments wanted on all trucks? Yea ❑ No ❑ Limit $ per person. 31. Is medical payments wanted on all pleasure cars? Yu ❑ No ❑ Limit $ per person. 32. Does named insured, if an individual, want extended medical Yea No payments? ❑ ❑ Limit $ per person. 33. Does additional insured want extended medical payments? If so, vs. No state name. ❑ ❑ 34. Is medical payments wanted on all premises? Ye. ❑ No ❑ Limit $ per person. QUESTIONNAIRE QNoe. MEMORANDA Please insert hereunder any necessary extended replier The following questions apply to Property Damage Liability Only 35. Are explosion and collapse hazards to be included for manu- facturing and contracting risks, the manual rates for which ex- Yee Na clude these hazards? ❑ ❑ 36. Is water damage on or from premises owned or rented by ap- Yee Na plicant to be included? ❑ ❑ 37. Is subsurface damage due to excavating or drilling in streets Yee No or highways with mechanical equipment to be included? ❑ ❑ Name and relationship to applicant of all affiliates or subsidiaries. In what states, territories or provinces do you own, lease or occupy premises or conduct operations? In what other states, territories or provinces do you believe it probable you may own, lease or occupy premises or conduct operations? If "Non- Ownership" exposures present, complete automobile non - ownership information blank CL21357. Details of other insurance, if any, applying to hazards referred to herein: Dated — R20637 -13 7500 1 -60 •"' Te. Rev. 7:6 -55 - u- (Signature of applicant, his authorized representative or company's authorized representative) • $ S Cite °tena9 wain gchlr y asi liar city duck t4aril� � corona. certificate, of -i 'h i State and city, Beacch a to r re�i are-- the . - i�nka tos . today • lisltisd Attacb�.`.`fO sh -B thing alicy receiu� ft gave every the PQ now a aa4t co n ��i in$ Aight i`t 145 :M A 0 CITY OF NEWPORT BEACH CI UARTMENT 0 June 15, 1960 To: City Clerk From: City Attorney Subject: Certificate of insurance on Corona del Mar Park The certificate of insurance provided on the Tosh contract is being returned without approval. only one of the several endorsements is countersigned although all of these endorsements contain language to the effect that such endorsements shall not bind the company unless counter- signed by a duly authorized representative of the company. Paragraph 16 (b) of the concession agreement provides among other things that the policy or policies shall contain an endorsement providing that the City is not liable for the payment of any premiums or assessments on said policy or policies. To comply with this provision of said concession agreement, we suggest that the following language be added as part of an existing endorsement or as a new endorsement, to wit: "The City of Newport Beach is not liable for the payment of any premiums or assessments on this policy." Ci By JHR:mec Enc. W. City Attorney MAY 6, lqcc Istua4i w the rsgwsf 04 Czff., CW 1131*P()FT A4dret6 We Vail k" Me 2VU DMt TCM SMOTIMRS wmG umm, c"Xr. STATZ OF Datc,�piic,, of Wofi A" ()MV?001 � dir VqM rjggrr*wn RLP 147110 5/0/63 IRLP '447110 5/8/6 500,00-ci. MKMMIM AM. M I I S OF if nil 1. 1 1 Y 500,0u,-_-.: ll,oUQL--,--*L--'-:, TO Cams OR CANCELLATiobi. �wa 7 1 nip 14nW MM&'309 M. *–'TOO— anew ow %igo �7 -ji; I, p 7114 wdwmwmm is mwmd fiFwAwbmew to wA a hffdw sawle a pan of am posey A 'a Aum aw h to".. as of the dvf i'l6caed, *tWAhtd UW MW at dW Vff%CtVW tar StRltd C� aidws Of thd PALnom__ the Vdiv as do pwiv, *WAX& V* 906 ad 96 To** MWi U& ISONAM rawaaolw Itaff. domi r" thaft Idi" �Bff rw.,. KIM OFFKa iirntE Eq pre"mm of sm poky, "Miq 3s 1�.on of am "9MG"T Uff C-NILY HE As CLMO qwm TA" T4" 0,0. MIMI& et�et, eva 0 P" 9=0 Fag L A 12,q ... ... ... . I Donald W. -and Ian M. Tosh dba Took brothers 370$ Linden Avenue =�E. Duch, California Dear Est ' Your attention is directed to the fact that the Certificate of Insurance, as provided in compliance with the terms of .the contract which you have with the Cityy has not been approved by the City Attorney. The Certificate provides that "!'the Company will mail within 30 days to the party at whose request this certificate is issued.4 record of any material change in or cancellation of the said policy-; or policies ". The contract requires that the policy co> twin an endorsement providing that the componey will note cancel such policy "without thirty (30) daylt' ��ri��or. written. notice to City" The language in EndorsemenC Imo. 3 is ade- quate, but the language on the Certificate, " nentioned above, is inadequate and should be changed. J You will note that Jan M. Tosh is indicated as an ured on the Policy and Certificate. Since changes must made, it would be advisable to correct the name of the insured to be Ian M. Tosh rather than Jan M. Tosh: Please return a corrected policy to the City of Newport Beach. Very truly yours, Margery Schrouder City Clerk City of Newport Reach CITY OF NEWPORT BEACH CITY AUFffNEY To: City Clerk From: City Attorney 0 cTT•. .., May 31, 1960 Subject: Certificate of insurance on Corona del Mar Park The certificate of insurance provided being returned without approval. The "the Company will mail within 30 days request this certificate is issued a change in or cancellation of the said The contract requires that the policy on the Tosh contract is certificate provides that to the party at whose record of any material policy or policies ". contain an endorsement Eroviding that the company will not cancel such policy 'without thirty (30) days prior written notice to City ". The language in endorsement No. 3 is adequate but the language on the certificate as explained above is inadequate and should be changed. Since changes must be made, it would be advisable to change the name to Ian M. Tosh rather than Jan M. Tosh as indicated on the policy and certificate. I note the name does appear as Ian on endorsement No. l attached. Walter W. Chara"- WWC:mec City Attorney Enc. Tosh Bro%__ 3708 Linden Avenue Long Beach, California Gentlemen: Attached for your records is a photocopy copy of the executed Modification of Con- cession Agreement between the City "of Newport Beach and Tosh Bros. for.ths operation of the concession at iwrona del Mar State and City Beach Park. Snit;: Encls. Very truly yours, Margery Schrouder City Clerk City of Newport BeBeh. • EDMUND G. BROWN DeWITT NELSON Governor Director of Notor.1 Re ... rcee STATE OF CALIFORNIA DEPARTMENT OF NATURAL RESOURCES DIVISION OF BEACHES AND PARKS 1125 TENTH STREET, SACRAMENTO 14 May 18, 1960 City of Newport Beach Newport, California Attention: Margery Schrouder, City Clerk Dear Miss Schrouder: CHARLES A. DeTURK Chief Division of Beaches and Parka Attached are the fully executed original and one copy of the Modification of Concession Agreement between your City and the Tosh Bros. for the con- cession they operate at Corona del Mar State Park. Thank you for your cooperation in this matter. Sincerely yours, JOHN I. NOLL Concessions Officer db Attach: KEEP YOUR PARKS CLEAN —DON'T BE A LITTERBUG iiPS 1 r BNAGN i .t KEEP YOUR PARKS CLEAN —DON'T BE A LITTERBUG iiPS 1 r BNAGN i TAXADME VICAR ZNVKD --2jvi;x 6 room R.O. 43 TWAMLUCRN FOR"[ SCHEDULK f. rM ra FIS !*Tdf'i-';Tx T:"s 10 -41 room R.O. 43 TWAMLUCRN FOR"[ SCHEDULK To: From: CITY OF NEWPORT BEACH City Clerk City Attorney k B March 31, 1960 �1;:41 Subject: Corona del Mar State and City Beach Park concession We have retyped and are forwarding Resolution No. 5192 in completed form in which the City Council awards the contract for the concession to Tosh Bros. and authorizes the execution of the contract. Also forwarded is the concession agreement in completed form, to be attached to the proposal submitted by the concessionaire and executed by all parties. Note that this requires the approval of the Division of Beaches and Parks, Department of Natural Resources, of the State of California before becoming effective. In addition, we attach three copies of the agreement and pertinent documents, complete except for the information supplied by the concessionaire in the proposal and the plot plan attached as Exhibit "A" to the agreement. These may be executed to supply additional copies. WWC:mec Encs. cc - City Manager . Director of Public Works P. B. & R. Director Director of .Finance r, I' v Walter W. Charamza City Attorney RESOLUTION t �� A RESOLUTION OF THEW COUNCIL OF THE CITY OF NEWPORT BEACH AWARDING THE CONCESSION AND AUTHOR - IZING THE EXECUTION OF A CONTRACT FOR THE OPERATION OF SAID CONCESSION AT CORONA DEL MAR STATE AND CITY BEACH PARK WHEREAS, the City Council has heretofore called for proposals for the operation of a food, beverage and beach equipment rental concession at Corona del Mar State and City Beach Park; and WHEREAS, a number of proposals have been submitted to the City in accordance therewith; and WHEREAS, said proposals have been submitted to a committee appointed by the City Council for evduation; and WHEREAS, said committee has made certain findings and submitted them to the City Council; NOW, THEREFORE, IT IS HEREBY RESOLVED AND ORDERED: 1. The City Council hereby awards the food, beverage and beach equipment rental concession at Corona del Mar State and City Beach Park to 2. The Mayor and City Clerk are hereby authorized and directed to execute the concession agreement on the Corona del Mar State and City Beach Park between the City and in the form heretofore approved by the City Council. ADOPTED this day of , 1960. Mayor ATTEST: City Clerk r • Cashier's Checks Received with Proposals for Concession at Corona del Mar State & City Beach Park Name Bank on Which Drawn Amount Tosh Bros. Bank of America $ 2000.00 Belmont Shore Branch 90 -1199 No. 2292086 Maclean's Frozen Foods Inc. Bank of America 2000.00 Costa Mesa Branch 90 -1702 No. 5171399 Merle Afflerbaugh Security -First National Bank 2000.00 Merle's Restaurants of Los Angeles Corona del Mar Branch 90 -1851 No. 710188 Jolly Roger Restaurant California Bank 16 -21 2000.00 No. 1913887 The Beach Boy Bank of America 2000.00 Newport Beach Branch 90 -1394 Certified Check No. 1703 Fred R. Cermak & Bank of America Rex Rechs Newport Beach Branch 90 -1394 Fredi's Restaurant 202184 �. ".,'':. 7, +- 1000.00 ppNo. . Bank of America Costa Mesa Branch 90 -1702 No. 5171392 1000.00 C A G.�.._ti_ i. } Cashier's Checks. Received with proposals for Concession at CON W4 del Na tat* & City Be Bank oA Which Drawn Tosh Bros. Maclean's Frozen Foods Inc. Marla Afflerbaugh Merle's Restaurants Jolly Roger Restaurant The Beach Boy Fred R. Carmak & Rex Rechs Fredi's Restaurant Book of America Belmont Shore Branch 90 -1199 No.: 2292086 Bank'of America Costa Mesa Branch 90 -1702 No. 5171398 Security -First National Bank of Los Angel" Corbas. .del Mar Branch 90 -1851 No. 71$188 Califeeuia Bank 16 -21 No. 1913887 Bank of America Newport 3aseh Branch 90 -1394 Certified Check No. 1703 Bank of America Newport Beach Branch 90 -1394 No. 2021884 Bank of America Costa Mesa Branch 90 -1702 No. 5171392 Amount $ 2000.00 2000.00 2000.00 2000.00 2000.00 1000.00 1000.00 WWC:mec 2/9/60 s� 1 i CITY OF NEWPORT BEACH NOTICE TO PROSPECTIVE CONCESSIONAIRES SPECIAL PROVISIONS AND CONDITIONS PROPOSAL TO CITY OF NEWPORT BEACH AND AGREEMENT FOR A FOOD, BEVERAGE AND BEACH EQUIPMENT RENTAL CONCESSION "N CORONA DEL MAR STATE AND CITY BEACH PARK AT NEWPORT BEACH, CALIFORNIA NOTICE TO PROSPECTIVE CONCESSIONAIRES: Proposals shall be plainly marked on outside of sealed envelope: "Proposal for concession at Corona del Mar State and City Beach Park, Newport Beach, California." I ' PERSONAL FINANCIAL STATEMENT (DO NOT USE FOR BUSINESS) As OF Feb. lst,, 60 Bixby RECEIVED AT b Knolls BRANCH NAMW W19AT D §VTT T TARO TUTI EMPLOYED By Sal f YEARS ADORER 3708 Linden Ave., Lonrr Beach. Cal • POSITION ADE38 SPOU ayomiTle iF EMPLOYEO LESS THAN 1 YEAR. PREVIOUS EMPLOYE To 4 ttnk of .Nmeriett NATIONAL Z,H j'„Q ASSOCIATION The undersigned, for the purpose of procuring and establishing credit from time to time with you and t come Indebted to you on notes, endorsements, guarantees, overdrafts or otherwise, furnishes the following most recent statement prepared by or for the undersigned as being a full, true and correct statement of th date indicated, and agree. to notify you immediately of the extent and character of any material change In If the undersigned, or any endorser or guarantor of any of the obligations of the undersigned, at any time mite an act of bankruptcy, or dies,. or if a Writ of attachment, garnishment, execution or other legal process or if any assessment for taxes against the undersigned, other than on real property, is made by the federal or If any of the representations made below prove to be untrue, or if the undersigned falls to notify you of a business, or any interest therein, of the undersigned is sold, then and in such case, all of the obligations o immediately be due and payable, without demand or notice. This statement shall be construed by you to be undersigned, and a new and original statement of all assets and liabilities upon each and every transaction becomes indebted to you, until the undersigned advises in writing to the contrary. o induce you to permit the undersigned to be- (or In lieu thereof the attached) which is the e financial condition of the undersigned on the said financial condition, and also agrees that fails In business or becomes insolvent, or com- be issued against property of the undersigned or state government or any department thereof, ny material change as above agreed, or if the f the undersigned to you or held by you shall a continuing statement of the condition of the in and by which the undersigned hereafter ASSETS DOLLARS CENTS LIABILITIES DOLLARS CENTS Cash in B of Bixby Knolls 3 108 20 Notes payable B of A r Securities Income Income Taxes (Branch) (Branch) Cash; Bank of Amer.Bel.ShoreS Rental 5 0 389 06 Notes payable (Other) Insurance Premiums Other (des�ribc) 50 °D Beach Concessions 4 (Other —Rive name) 14 { p property Taxes 5 u Il(iJ . & Home L Other ( describe —real estinstalment te talmcn[payments .her than real estate) None 12 °6 66 ,.Contracting 3 522 18 3. Accounts Receivable —Good Accounts payable 500 00 76 Stocks and Bonds (Schedule B) Taxes payable none LESS —TOTAL EXPENDITURES NET CASH INCOME (exclusive of-ordinary living expenses) ......... ......_...................._... 2 96 66 Notes Receivable —Goo Contracts payable (To whom) 2 600 00 Cash Surrender Value Life Insurance Contracts payable_ none Wag. 55 Dodge Iva 56 Dod.Pick 1 800 00 (To whom) 2D_DZS_ 20 Auto Real,Estate indebtedness (Schedule A) (Year —Make) Up Real Estate (Schedule A) Other Liabilities (describe) Other Assets ( describe) I. none 2. 5 o Food & Soft Drink Concessions Hunts. Bch 3. 3. State Park 50)D 15. 000 4. q 2 Vac. Lots Seal Bch. b 000 TOTAL LIABILITIES NET WORTH 20 36 20 5 Boats & Boat Fa ui . 970 TOTAL ASSETS 1541889144 TOTAL ANNUALINCOME a n d EXPENDITURES (Excluding Ordinary Living Expenses) Salary Y Real Estate payment(s) os its 50% Rent Home 4 300-00 (wife or husband) r Securities Income Income Taxes Rental 5 0 Insurance Premiums Other (des�ribc) 50 °D Beach Concessions 4 22 14 { p property Taxes 5 u Il(iJ . & Home L Other ( describe —real estinstalment te talmcn[payments .her than real estate) None 12 °6 66 ,.Contracting 4 2-1-6- 3. 4. 2. TOTAL INCOME 28 76 14 3. TOTAL EXPENDITURES LESS —TOTAL EXPENDITURES NET CASH INCOME (exclusive of-ordinary living expenses) ......... ......_...................._... 2 96 66 psi 48 Cat (Rev.) 2 -60 0 0 `7 CITY OF NEWPORT BEACH NOTICE TO PROSPECTIVE CONCESSIONAIRES 1 Sealed proposals will be received at the office of the City i Clerk in the City Hall at 3300 Newport Boulevard, Newport Beach, California, until 10:00 o °clock A. M. on Thursday, March 10, 1960, for the operation of a food, beverage and beach equipment rental concession in the buildings on Public Service Area No. 1 at Corona del Mar State and City Beach Park located in the City of Newport Beach, Orange County, California, in accordance with the attached conditions, proposal and contract form. Each prospective concessionaire seeking to submit a proposal must pay the sum of $2.00 for the proposal forms and the agreement form. Three copies of the plans and specifications of the concession buildings being constructed by the City of Newport Beach on Public Service Area No. 1 are on file in the office of the City Clerk and are available for inspection. Copies of such plans and specifications are available for a deposit of $10.00, which will be returned upon return of the plans and specifications. No proposal will be considered unless it is made substantially in accordance with the proposal forms. The City of Newport Beach, acting through its City Council, reserves the right to reject any and all proposals and to waive in- formalities therein. The award of the concession, if it is awarded, will be to a person submitting a proposal which complies with the re- quirements prescribed herein and who is selected by the City Council as the best qualified operator for the concession. Although of substantial importance in making the award, the monetary return to the City will not be the sole criterion in awarding the concession. The City Council shall be the sole judge in determining who shall be granted the concession and may refer all proposals to a committee or commission for evaluation and recommendation. The award and the agreement are subject to the approval of the Division of Beaches and Parks, Department of Natural Resources of the State of California. 1. 1 ''. Y' Within thirty (30) days after the award of the concession, the City will return the proposal guarantees accompanying proposals of those who did not receive the award. The proposal guarantee of the person receiving the award will be held until the contract is fully executed, after which said proposal deposit will be returned, 2, cS�,,ka PROPOSAL TO THE CITY OF NEWPORT BEACH FOR THE CONCESSION ON PUBLIC SERVICE AREA NO. 1 AT CORONA DEL MAR STATE AND CITY BEACH PARK The undersigned makes the following proposal to the City of Newport.Beach for the operation of the beach concession on Public Service Area No. 1 at the Corona del Mar State and City Beach Park in the City of Newport Beach, California, NAME Donald W. Tosh and Ian M. Tosh BUSINESS ADDRESS 3708 Linden Ave., Long Beach, California RESIDENCE ADDRESS 3708 Linden Ave., LongBeach California BUSINESS PHONE NO. GA 7 -57 -33 RESIDENCE PHONE N0, same and, if awarded the concession, agrees to execute the form of agree- ment attached and operate the concession in accordance with the provisions of said agreement. TO THE CITY OF NEWPORT BEACH: I (We) declare that the only person or persons interested in this proposal are those named herein; that this proposal is made without collusion with any other person, firm or corporation; that the location of the concession area, the terms, conditions, and specifications, and other stipulations hereinbefore referred to have been examined by me (us); and I (we) agree, if this proposal is accepted, to execute the contract and operate the concession in ac- cordance with its terms and to do any and all other acts to fulfill the requirements thereof; and that during the term said concession agreement is in effect I (we) will pay therefor the following guaran- teed minimum monthly rental or the following percentage of gross receipts, whichever is larger, to the City of Newport Beach, to wit: From the date of execution through December 31, 1964, a guaranteed minimum monthly payment of S 2,000.00 for the months of June, July, August and September, or 21 per ( 21 9.) of the monthly gross receipts from the sale of all salable items, plus 51 per cent ..._( 51 �) 6. I, of the monthly gross receipts for these months of all . rental items, whichever sum may be larger, plus the same percentage of gross receipts indicated above for any calendar month or portion thereof that said concession is operated prior or subsequent to June, July, August and September during each year of this part of the term of the agreement. From January 1, 1965, through December 31, 1969, a guaranteed monthly minimum of $ 2,000.00 for the months of June, July, August and September, or 22 per cent ( 22 %) of the monthly gross receipts from the sale of all salable items, plus 52 per cent (__L2_%) of the monthly gross receipts for these months of all rental items, whichever sum may be larger, plus the same percentage of gross receipts indicated above for any calendar month or portion thereof that said concession is oper- ated prior or subsequent to June, July, August and September during each year of this part of the term of the agreement. If the undersigned fails to execute the concession agree- ment within ten (10) days after receiving notice from the City that the agreement is ready for signature, the City may determine that this proposal has been abandoned and thereupon this proposal and the acceptance thereof shall be null and void and the guarantee accompanying this proposal shall be forfeited and the same shall be the property of the City. Accompanying this proposal is Two Thousand Dollars ($2,000) Cashier's Check 90 -1199 (insert the words "Cash ", "Cash- ier's Check ", "Certified Check ", or "Money Order ") as a guarantee that, if the proposal is accepted, the undersigned will execute the concession agreement. 7. IMPORTANT NOTICE: If the proposal is by a corporation, the follow- ing information must be supplied for the president, secretary, treasurer and general manager; if by a partnership, for all partners; and, if by an individual, for the individual. Additional information may be required as to all such persons and as to others interested in the proposal. (Use additional sheets of paper, if necessary) FULL NAME Donald W. Tosh and Ian M. Tosh BUSINESS ADDRESS 3708 Linden Ave., Long Beach, Calif. PRINCIPAL PLACE OF BUSINESS IN CALIFORNIA Food Concessions Huntington BUSINESS TELEPHONE NO. Ga. 7 -5 -733 RESIDENCE ADDRESS 3708 Linden Avenue, Long Beach, Calif. RESIDENCE TELEPHONE NO. Ga 7 -5733 HOME OWNERSHIP? YES x NO (Don) 7 -12 -21 Oakland,Cal. -later. DATE OF BIRTH 9 -10 -17 PLACE OF BIRTH Calgary, Can MARITAL STATUS Mar. LIST IN ORDER, STARTING WITH THE MOST RECENT, THE FOLLOWING INFORMATION ON BUSINESSES IN WHICH YOU WERE EMPLOYED OR HAD AN INTEREST DURING THE PAST 15 YEARS: (Use additional sheets of paper, if necessary) Tosh Bros. Concessionaires 1950 to 1960 Name of business Tosh Bros. Contractors Dates 1946 to 1960 Address of business Concessions at Huntington Beach State Park contraction in Long Beach, a in en . Type of business Concessions and Contracting Interest or position Partners Concessions Number of employees Contrac. 5 Number supervised by you all Business Bank Bank of America Bixby Knolls; Bank of America Belmont 3h Annual gross Contracting: $100,000.00 Food Concessions: $85,000.00 If a service business, the maximum number served in a day Concess. 8800 If not still affiliated, reason for leaving HAVE YOU EVER BEEN ARRESTED? YES NO x IF YES, STATE WHERE, WHEN, REASON, AND DISPOSITION OF MATTER [M W DO YOU CONSENT TO BEING FINGERPRINTED? YES x NO LIST FIVE CHARACTER REFERENCES: Henry I. Noll Concessions Officer Div. Beaches & Parks Tenth Street, Sacramento 14, Calif. Wm. J. Rinehart Supersivor Huntington Beach State Park, Huntington Bch Larry Patterson c/o Balboa Bay Club, Newport Beach, Calif. Charles Dooley, L.B.City Councilman 5075 Long Beach Blvd., Long Beach Capt. Roy Miller, L.B. Life Guards, 53 Rivo Alto Canal Long Beach, LIST FIVE CREDIT REFERENCES: Name Address ty State Interstate Bakeries 2656 No. Main St. Santa Ana, Calif. Louis Ball & Sons 818 East Fourth St., Long Beach. Calif. Pepsi Cola Bottling Co. 1420 WEst Fifth St. Santa Ana. Calif. Reynolds Meat Co. 4618 E. 2nd St. Long Beach, Calif. Carnation Ice Cream Co. 4130 Cherry Ave., Long Beach, Calif. IF YOU DO NOT INTEND TO INVEST YOUR OWN CAPITAL IN THIS CONCESSION BUSINESS, STATE SPECIFICALLY AND IN DETAIL THE SOURCE OF YOUR CAPITAL Own Cap. IN THE FOLLOWING SPACE, OR ON ADDITIONAL PAPER, STATE THE.REASONS YOU FEEL QUALIFIED TO CONDUCT THIS BUSINESS AND SUPPLY ANY ADDITIONAL INFORMATION ABOUT YOURSELF, YOUR BUSINESS, OR YOUR PLANS FOR THE CONDUCT OF THE CONCESSION WHICH YOU FEEL WILL BE HELPFUL TO THE CITY IN EVALUATING YOUR PROPOSAL FOR THE OPERATION OF THE BUSINESS ON PUBLIC SERVICE AREA NO. 1 IN CORONA DEL MAR STATE AND CITY BEACH PARK: For the past nine years we have operated four food concessions at Huntington Beach. State Park which has proved satisfactory to us and the Division of Beaches and Parks. We feel we are qualified to please the public and city of Newport Beach. During our nine years we have never had a complaint to the State of California as to the prices, quality or service of our food. We also feel that we are qualified as G -neral Bldg. Contractors, for the past fifteen years, to complete the interior of the concession buildings and to make necessary repairs during the term of this contract. It is our belief that the minimum guarantee during the month of Sept. of $2000.00 is suffcient, however, we would be pleased to offer a minimum guarantee during the months of June, July and August, of $3500.00. 4 I (we) agree that all information supplied may be checked and that such information and any additional information obtained in the course of evaluation of this proposal may be disclosed to the City Council and others concerned as necessary to reach a decision. Dated; March 10 , 1960 SIGNATURES /s/ Donald W. Tosh (Have you provided the financial statements and all other information re- quired?) /s/ Ian M. Tosh 10. i WWC:mec 2/9/60 CONCESSION AGREEMENT CORONA del MAR STATE AND CITY BEACH PARK THIS AGREEMENT, made and executed this 2M day of March, 1960, by and between the CITY OF NEWPORT BEACH, a municipal corpora- tion, herein fter referred to as "City ", and 3800M We TOO Md ZA N. Iwn M Too MNe a rUS %, hereinafter referred to as "Concessionaire "; RECITALS WHEREAS, City owns certain real property southerly of Ocean Boulevard in Corona del Mar and controls certain other real property under a lease from the State of California which together comprise the Corona del Mar State and City Beach Park; and WHEREAS, City has awarded a contract for the construction of buildings and appurtenances on an area designated as Public Service Area No. 1 in said park (not including, however, the completion of the inside of said buildings and installation of fixtures as required in this contract) as said area is shown on a plot plan of said park dated February 9, 1960, and attached hereto and marked Exhibit "A "; and WHEREAS, City finds it to be in the public interest and consistent with park uses to grant an exclusive right to operate a concession business as herein provided in the buildings on said Public Service Area No. 1; and WHEREAS, City invited proposals from prospective conces- sionaires and Concessionaire was awarded the exclusive right to operate said concession business as a result thereof; NOW, THEREFORE, the parties agree: 1. Concession: (a) City hereby grants to Concessionaire the exclusive right, privilege and concession to conduct a business within the buildings on said Public Service Area No. 1 in said park for the vending of light foods and sandwiches, soft drinks, coffee, ice cream or ice cream products, cigars, cigarettes and tobaccos, candies, chewing gum, suntan lotions, film, sunglasses, firewood, and small items of fishing tackle such as lines, hooks and weights, and for the rental of various items of beach equipment such as back rests, umbrellas, and surf - riders, and for the sale or rental of other items of similar nature usually sold or rented at a resort refreshment stand. Concessionaire shall not sell fishing gear such as poles, reels or gear containers. Concessionaire agrees to pro- vide all necessary fixtures, goods, merchandise, labor and equipment required for the vending or renting of the above items or any other items permitted to be sold or rented. (b) City reserves the right to prohibit the use, dis- play, sale or rental of any machine, item or article which it deems objectionable or beyond the scope of merchandise deemed necessary by City for proper service to the public. This includes but is not limited to the right to restrict or prohibit vending machines of all kinds and machines producing music or any other noise or sound. Prices shall be fixed by Concessionaire, but must not be in excess of prevailing prices in the City of Newport Beach for similar products, and City reserves the right to establish and revise a schedule of maximum prices for any or all items sold or rented to the public by Concessionaire. All food and beverage products sold shall be of uniform high quality. Failure to maintain quality deemed satisfac- tory by City shall be deemed a breach of this agreement. Unimpaired use of Public Service Area No. 1 by the public is to be maintained throughout the term of the concession agreement. (c) Concessionaire shall be subject to all state and local laws, rules and regulations and shall pay all taxes lawfully assessed prior to delinquency and shall obtain and display at all times a business license and all permits required by the appropriate county, city or state health authorities certifying that the premises occupied, the equipment, the products sold, and the method of selling meet all current regulations, including health regulations. 2. Term. (a) The term of this agreement shall begin on the date of execution and shall end on December 31, 1969, both dates inclusive, unless terminated prior thereto as provided herein. 2. (b) During the term of this agreement, Concessionaire may remain open for business daily after 8:00 o'clock A. M. and before 10:00 o'clock P. M. and shall be open for business on Satur- days, Sundays and holidays between noon and 5:00 o'clock P. M. from October 1 to March 31 and every day from 10:00 o'clock A. M. to 6:00 o'clock P. M. from June 15 to September 30, all dates inclusive, during each year. Different dates and hours may be fixed by Conces- sionaire with the approval of the City. 3. Finishing Buildings and Furnishing Fixtures. (a) It is mutually understood that City by separate contract is having buildings and appurtenances constructed on said Public Service Area No. 1 in accordance with the plans and specifications therefor, a copy of which was obtained and reviewed by Concessionaire prior to the time his proposal was submitted to City. It is further under- stood that City is not having the interior of said buildings finished under its contract. Concessionaire agrees to complete the interior of the buildings and install all cabinets, fixtures and equipment and main- tain the same during the term hereof and connect all utilities neces- sary for Concessionaire's operations hereunder. Concessionaire agrees to coordinate the work on the interior and on the cabinets, fixtures and equipment with the work of City's building contractor under the direction of the architect employed by the City to super- vise the construction of the buildings and appurtenances on Public Service Area No. 1. Concessionaire agrees to do all the work of completing the interior of the buildings in Public Service Area No. 1 that is not required of the City's contractor under the plans and specifica- tions referred to above. Concessionaire shall pay all cost of doing the work hereunder other than the contract price being paid by City under said separate contract. All work on the building by Concessionaire shall be done in accordance with plans and specifications therefor, approved by 3. the City Council, a copy of which is attached hereto and marked Ex- hibit "B" and made a part hereof, and pursuant to a building permit issued by City and shall be subject to the approval of the Director of Building and Safety of City. Only first -class materials shall be used and all work must be performed and completed in a good and workmanlike manner. All cabinets and fixtures shall be of first -class materials and of the highest quality obtainable. The type, style, materials and workmanship of the cabinets and fixtures shall be sub- ject to the approval of City and, if any such are disapproved, they shall be reconstructed or replaced as necessary to obtain said approval. (b) Concessionaire shall pay in full for the comple- tion of the interior of the buildings as herein required at the time the work is done. Concessionaire may pay for the fixtures and equipment in full at the time they are acquired and installed or may obtain them by other lawful method. Notwithstanding the manner in which the fixtures and equipment are acquired and without limiting or restricting the duties and obligations of Concessionaire hereunder and without in any manner limiting or restricting the rights of City, Concessionaire agrees to execute a chattel mortgage at the request of City either before or at any time after the time Conces- sionaire begins actual operation of the concession in the form approved by the City in which Concessionaire hypothecates all of his present and future right, title and interest in and to all of the fixtures and equipment installed or used in the concession oper- ation during the term of the agreement (excluding equipment kept for rental purposes) in favor of City to guarantee the performance of all obligations of Concessionaire under this agreement during the entire term hereof, including the payments to City. At the end of the term of this agreement or any ex- tension thereof, if all payments required herein have been completed 4. and all obligations performed by Concessionaire, the obligation of the mortgage shall be deemed satisfied and the mortgage shall be dis- charged and of no further effect. Concessionaire may remove any fixtures or equipment installed in accordance with the requirements hereof which in the judgment of Concessionaire are obsolete or worn out; provided, how- ever, that any such fixtures or equipment so removed must be immedi- ately replaced by Concessionaire with new fixtures or equipment of equal quality which shall also be subject to the chattel mortgage provided for herein. (c) The work required of Concessionaire under this paragraph 3, including the completion of the interior of the build- ings, the connection of the utilities, and the installation of the cabinets, fixtures and equipment, must be completed on or before June 1, 1960. This completion date shall be extended only by the amount of time Concessionaire is delayed by the failure of the City's building contractor to complete the buildings or by strikes or catas- trophe beyond the control of Concessionaire. Concessionaire shall pay to City for each and every day, including Sundays and holidays, that he is in default in completing the work required hereunder the sum of Fifty Dollars ($50.00) as liquidated damages. It is mutually agreed that this is the amount of damages that City will suffer by reason of such default. (d) Concessionaire shall post a corporate surety bond with City conditioned upon Concessionaire completing all of the work on the interior of the buildings and the installation of cabinets, fixtures and equipment required herein and the payment of all claims of laborers, materialmen and others having lien rights under Title IV, Part III, of the Code of Civil Procedure. Said bond shall be in a sum of not less than $30,000.00 and shall be subject to the approval of the City Attorney as to form. 4. Concessionaire to Operate Business. Concessionaire agrees to assume said right, privilege, and concession hereby granted and to operate said concession within said buildings in Public Service 5. Area No. 1 for the purposes and in the manner and according to the terms and conditions herein stated, reserving, however, to City the right of ingress and egress to inspect said Public Service Area No. 1 and all buildings, equipment and fixtures thereon as deemed necessary by City. In accepting the concession hereby granted, Concession- aire understands that the volume of business to be done and the quantity of food, beverages and service to the public to be required are subject to fluctuation and depend upon season and the weather and other unpredictable factors. Notwithstanding the uncertainties in- valved, Concessionaire agrees to supply the demand as it arises and to maintain an adequate supply of labor, food, beverages and equipment to do so. 5. Repairs. (a) Concessionaire agrees to continuously maintain and keep in good repair at his own expense the two concession buildings on'Public Service Area No. 1 and every part thereof except that which City hereinafter agrees to maintain. Concessionaire's obligation includes but is not limited to interior partitions of the buildings, window frames, doors, interior painting, and repair and replacement of windows in the buildings. If exterior painting or repair to the structure, roof or exterior walls is required by any act or omission of Concessionaire, City shall cause the painting or repair to be done but Concessionaire shall pay for it. Conces- sionaire also agrees to maintain and keep in good repair all equip- ment and fixtures in said buildings. All such work shall be done to the satisfaction of City. If, after ten (10) days' written notice from City to do specific items of maintenance or repair as required herein, Concessionaire has failed to do so, City may do the thing or things specified and bill Concessionaire for the cost thereof. Concessionaire shall reimburse the City for such cost within fifteen (15) days after receiving the bill. (b) City will do normal maintenance and normal repair on the structure of said buildings, including the maintenance and 6. repair of the roofs, exterior walls, and exterior painting. City shall have sole discretion as to when such repair, maintenance or painting is necessary. (c) Concessionaire shall not construct any additional buildings or make any structural changes, alterations or additions to any buildings in said area without the prior written consent of City. 6. Utilities. Newport Beach water and sewerage is avail- able in the park at Public Service Area No. 1. Concessionaire shall be entitled to water service and sewerage service under the same terms as any other occupant of premises in the City and shall pay the same fees, rate or rates as any other occupant. Concessionaire shall make arrangements for other utility services at said area and shall promptly pay all charges for utilities when due. 7. Concessionaire to Keep Area Clean. (a) Concessionaire shall keep the interior and exterior of the buildings and all of the area within Public Service Area No. 1 and in every direction within fifty (50) feet of said Public Service Area No. l clean and sanitary and free from rubbish, garbage and debris of every kind. Concession- aire shall furnish an adequate number of trash cans, approved by City as to type, color, condition and location, to service Public Service Area No. 1 and the 50 -foot area surrounding in such a manner that there shall always be adequate space to deposit rubbish, debris and garbage. The obligation of Concessionaire hereunder must be performed to the satisfaction of City. (b) City is currently providing garbage and refuse pickup service at said beach and at Public Service Area No. 1, but is not hereby obligated to continue said service. (c) Concessionaire need not provide beach cleaning in the park outside the area he is hereby obligated to keep clean. 8. Payments to City. (a) From the beginning of this agreement through December 31, 1964, Concessionaire shall pay to City a guaranteed minimum monthly payment of $ 29*0000 for the months of June, July, August and September or n per cent ( %) 7. of the monthly gross receipts from the sale of all salable items plus 51 per cent (LIZ/.) of the monthly gross receipts for these months from all rental items, whichever sum may be larger, plus the same percentages of gross receipts indicated above for any calendar month or portion thereof that said concession is operated prior or subsequent to June, July, August and September during each year of this part of the term of this agreement. From January 1, 1965, through December 31, 1969, Concessionaire shall pay to City a guaranteed minimum monthly payment of $ LM*46 for the months of June, July, August and Sep- tember or n per cent (.!! %) of the monthly gross receipts from the sale of all salable items plus S1 per cent (12 %) of the monthly gross receipts for these months from all rental items, whichever sum may be larger, plus the same percentages of gross receipts indicated above for any calendar month or portion thereof that said concession is operated prior or subsequent to June, July, August and September during each year of this part of the term of this agreement. Payment of the percentages of gross receipts shall be made to City monthly on or before the twentieth day of the month following the month of oper- ation. In the event the sum of the percentages of monthly gross receipts does not equal the guaranteed minimum monthly rental, in the months during which the guaranteed minimum is required, then Con- cessionaire shall pay to City said minimum monthly payment on or before the twentieth day of the month following the month of opera- tion; provided, however, that if Concessionaire is prevented from operating said concession during a part of June, July, August or September, by any cause beyond his control, the required guaranteed minimum monthly payment shall be prorated in the ratio which the actual operating period bears to the full month for which said guar- anteed monthly minimum is required. City shall be the sole judge as to whether the cause preventing operation is beyond control of Con- cessionaire. (b) The term "gross receipts ", wherever used in this agreement, is intended to and shall mean all monies, property R1 or any other thing of value received by Concessionaire through the operation of said concession, or from any other business or activity carried on upon said area or any portion thereof, or from any other use of said area or any portion thereof by Concessionaire, or others with his approval, without any deduction or deductions; it being understood, however, that the term "gross receipts" shall not include any sales or excise taxes imposed by any governmental entity and collected by Concessionaire or deposits made with Concessionaire to guarantee the return of rental equipment. (c) Concessionaire shall maintain and use cash regis- ters for each and every sale or rental at each place where money is received for all sales of goods and rentals of equipment. All such cash registers shall be equipped with continuous recording drums and tapes to record receipts from sales and rentals. Such registers shall be kept locked and the totals shown thereon shall not be re- set except in the presence of an authorized representative of City. Copies of all tape shall be retained by Concessionaire during the term of this agreement and for a period of two (2) years thereafter. If any dispute exists at the end of such two years concerning gross receipts, Concessionaire shall not destroy such tape or any part thereof without the written consent of City. Both the registers and the tapes shall be subject to inspection and review by City upon request at any time during business hours. City shall request in- spection or review at such times as will not unnecessarily interfere with Concessionaires business operation. (d) All payments shall be to the City at the office of the Director of Finance in the City Hall. 9. Posting of Rates and Prices, Advertising Signs, Trade Name. (a) Concessionaire shall post rates and prices in Public Service Area No. 1 at such places as may be designated by City. (b) All advertising matter to be published or cir- culated by or on behalf of Concessionaire shall be subject to approval in writing by City. Upon written request having been made, 9. all advertising matter shall thereafter be submitted to City for ap- proval prior to publication or circulation. (c) Concessionaire shall not place or allow any signs, placards, or advertising matter to be placed or maintained on, or attached to, the buildings or elsewhere in said area without the prior written consent of City, and such business signs shall be placed, maintained and attached in such manner as City prescribes prior to such placing. Any signs placed in said area shall be removed promptly upon request by City. (d) Concessionaire shall not use any trade name, style or title in any way in the conduct of the business without the same having been approved by City in writing. Concessionaire shall protect and hold City harmless against all claims and actions aris- ing from use of any name, style or title even though the same has received prior approval of City. 10. Beverage and Food Containers. (a) Concessionaire shall not sell drinks of any description in bottles, cans or break- able cups. All drinks shall be sold in paper, cardboard, or similar disposable type containers. All containers of food and beverage shall be subject to approval of City. Concessionaire shall immedi- ately discontinue sale or use of any containers disapproved by City. (b) The consumption of alcoholic beverages in the park is prohibited. Concessionaire shall not seek a license to sell alcoholic beverages therein. 11. Written Approval of Assignment. Concessionaire shall not assign or sublet the rights or privileges granted under this concession agreement or any interest in this agreement without the prior written consent of City. Any manager of the concession or of any unit of the concession must be of high moral character and able to meet and deal with the public in an effective and inoffensive manner. 12. Right of Termination. (a) In the event Concession- aire fails to make the payments to City at the time and in the manner 10. required herein or operates the concession in an unlawful manner or breaches or violates any other term or condition of this agreement, the City may at its option at any time, in addition to any other remedy it may have, terminate this agreement by giving notice in writing of such termination to Concessionaire specifying the effect- ive date of termination and thereupon take possession of the premises, including all City property and the buildings and all fixtures and equipment therein,and remove any and all persons or property there- from. Upon the date of termination fixed by City, Concessionaire shall give City possession of the buildings and the fixtures and equipment and turn the business over to City which shall thereafter operate the same or designate someone to do so, and all of Conces- sionaire's rights hereunder except to the payment hereinafter pro- vided, if any, shall terminate. Before termination by reason of default on the part of Concessionaire with respect to any covenant, matter, or thing on the part of Concessionaire to be kept, done, or performed hereunder (other than making the payments required here- under), City shall cause to be given to the Concessionaire a written notice specifying the particulars wherein Concessionaire is in default and demanding performance in accordance with the terms of this agree- ment. If, within ten (10) days after such notice is given, the Con- cessionaire shall have fully complied therewith, or in good faith shall have commenced the work or act necessary to comply therewith and thenceforth shall diligently prosecute such work or act to com- pletion, no termination by reason of such breach shall be declared hereunder, but, in the event of Concessionaire's failure to comply with such notice, the City may then declare and effect a termination by reason of the default therein specified. (b) In case City terminates this agreement under the provisions of this paragraph 12, City may at its option, either at the time of termination or after the market value of the fixtures and equipment is fixed as herein provided, enforce its rights under any mortgage it may have on the fixtures and equipment or it may 11. require Concessionaire to remove all fixtures and equipment used in the operation of the concession business or it may waive its rights under any such mortgage and pay Concessionaire 80% of the market value thereof for said fixtures and equipment as of the effective date of termination, reduced, however, by any amount owed to City by Concessionaire under the terms of this agreement and further re- duced by any amount required to accomplish repair or maintenance which under this agreement is the obligation of Concessionaire and further reduced by the amount of any lien on the fixtures and equip- ment and by any amount owed by Concessionaire, the payment of which is secured by a hypothecation of such fixtures and equipment or any part thereof. If required by City, Concessionaire shall remove all fixtures and equipment within thirty (30) days after being given notice to do so. Failure to remove all of the same within that time shall constitute abandonment of those remaining and the same shall thereupon become the property of the City and City may use them or dispose of them and retain the proceeds. Upon removal of any fixtures or equipment Concessionaire shall not damage the buildings or any part thereof and shall repair and paint all walls and floors when removal occurs. Such work must be done in a good workmanlike manner and the buildings must be left in condition to permit a concession business to operate without further repair or painting. Said market value shall be determined by an appraisal board consisting of three (3) members appointed in the following manner: Within ten (10) days after the effective date of termination, City shall appoint one member of said board, giving notice of such appointment to Conces- sionaire in writing. Within ten (10) days after the service of such notice, Concessionaire shall appoint a second member of said board, giving notice of such appointment to City in writing. The two appraisers thus selected shall appoint a third appraiser within ten (10) days after the appointment of the second and the service of the notice of such appointment as required above. In the event of the failure to appoint any appraiser as set forth herein, either party may apply to the presiding judge of the Superior Court of the 12. State of California in and for the County of Orange for the appoint- ment of such appraiser. The appraisal board shall fix the market value of the fixtures and equipment used in the operation of the concession business within thirty (30) days after the appointment of the third appraiser or as soon as is possible to render a fair decision. The decision of the majority of the appraisal board shall be the decision of all. Upon payment of the sum herein provided, if any, by City to Concessionaire, Concessionaire's title to all such fixtures and equipment shall be automatically transferred to City. If Con- cessionaire has no ownership interest in the fixtures and equipment, he shall, nevertheless, at the request of City assign his right to possession and all other rights thereto to City upon the date of termination fixed by City. The term "fixtures and equipment" as used here does not include equipment kept for rental purposes. Such equipment shall, upon termination, be removed in accordance with paragraph 15 hereof. 13. Cost of Improvements. Upon completion of the work of finishing the inside of the building or buildings and the installa- tion of cabinets and fixtures and the connection of utilities as required herein, Concessionaire shall, within thirty (30) days, sub- mit an itemized statement of the cost of such work to City. Such statement shall include only the actual contract price paid by Con- cessionaire for such work, or, if it is not done under contract, the direct labor and material cost to Concessionaire for such work plus the actual cost of overhead to the extent the overhead does not exceed 10% of the labor and material cost. Such cost including the overhead to the extent permitted shall be termed "Concessionaire's Investment" for the purpose of the provisions of paragraph 14 of this agreement. 14. City Right to Purchase. In addition to the right to terminate this agreement under paragraph 12, City has the option to terminate at any time upon giving not less than thirty (30) days' 13. written notice to Concessionaire. This right to terminate is absolute and City need have no reason therefor. Upon the date of termination fixed by City in said written notice, Concessionaire shall give City possession.of the buildings and the fixtures and equipment and turn the concession business over to City which shall thereafter operate the same or designate someone to do so, and all of Concessionaire's rights hereunder, except the right to the payment hereinafter pro- vided, if any, shall terminate. City shall within sixty (60) days after the date of termination pay to Concessionaire the market value of the equipment owned by Concessionaire and used in the oper- ation of the business (excluding the equipment kept for rental pur- poses) fixed in the same manner as the market value of fixtures and equipment may be fixed upon termination under paragraph 12 plus the following percentage of the "Concessionaire's Investment" according to the effective date of the termination, reduced, however, by any amount owed to City by Concessionaire under the terms of this agree- ment and further reduced by any amount required to accomplish repair or maintenance which under this agreement is the obligation of Con- cessionaire and further reduced by the amount of any lien on said fixtures or equipment and by any amount owed by Concessionaire, the payment of which is secured by a hypothecation of such fixtures and equipment or any part thereof: Termination Date: d Percentage: Before April 1, 1961 100% April 1, 1961, to March 31, 1962 80% April 1, 1962, to March 31, 1963 60% April 1, 1963, to March 31, 1964 40% April 1, 1964, to March 31, 1965 20% After March 31, 1965 10% Upon City exercising this option and the payment of the sums herein provided, if any, by City to Concessionaire, Concession- aire's title to all such fixtures and equipment shall be automatically transferred to City. If Concessionaire has no ownership interest in all or a portion of the fixtures or equipment, he shall, nevertheless, assign 14. his right to possession and all other rights thereto to City upon the date of termination fixed by City. 15. Removal of Property. Upon expiration or termination of this agreement, the Concessionaire shall within fifteen (15) days thereafter remove from said premises, or otherwise dispose of, in a manner satisfactory to City, all personal property belonging to Con- cessionaire, including the equipment kept for rental purposes, located on said premises. Should Concessionaire fail to remove or dispose of his property as herein provided, City may at its election consider such property abandoned or may dispose of same at Conces- sionaire's expense. Upon expiration or termination hereof, except as specifically provided herein, Concessionaire shall leave the premises, buildings, fixtures and equipment except that kept for rental purposes in good condition and repair. Concessionaire shall not remove any fixtures or equipment used in the operation of the concession business which is assigned to or becomes property of City as hereinbefore provided, except Concessionaire shall remove equip- ment kept for rental purposes and personal property which includes vehicles, groceries, supplies, personal clothing, office supplies, office furniture, and nothing else. 16. Hold Harmless - Insurance. (a) Concessionaire agrees to release, and to protect and save harmless, City and State and their officers, agents and employees from any and all claims, loss or liability on account of injury, loss, or damage to persons or property suffered or sustained in, on, or about the premises or else- where by any person whomsoever in any manner directly or indirectly arising by reason of the conduct of Concessionaire's business or the use of equipment, consumption of food or drink or the use or occu- pancy of said premises by Concessionaire or by any person claiming under Concessionaire. (b) Concessionaire shall, at all times during the term of this agreement, maintain in full force and effect, with respect to this agreement, a policy or policies of Public Liability 15. and Property Damage Insurance with minimum limits of $500,000/ $1,000,000 Public Liability, with products liability, and at least $50,000 Property Damage Liability, naming the City and State and their officers, agents, and employees, as additional insured. Said policy or policies shall contain an endorsement providing that the insurance company shall not cancel such policy or policies without thirty (30) days' prior written notice to City and that the City is not liable for the payment of any premiums or assessments on said policy or policies. (c) Said policy or policies shall be in a form sat- isfactory to City and certificates issued by the insuring company shall be submitted to City concurrently with the execution of this agreement. Certificates for any new or renewal policies effective during the term of this agreement shall be submitted to City at least twenty (20) days prior to the effective date of such policy or policies. 17. Damage of Premises. In the event of destruction, loss, or damage by fire or other cause of any of the buildings, improvements, or fixtures in said Public Service Area No. 1 used by Concessionaire, the City shall not be obligated to replace such destroyed, lost, or damaged property, or be liable to said Concessionaire'for any loss of use or damage by reason thereof. 18. Fire Insurance. Concessionaire agrees to maintain a fire insurance policy with extended coverage on the fixtures and equipment used by Concessionaire, insuring the same to the full in- surable value thereof. In the event of destruction, loss or damage, all proceeds from such insurance shall be deposited in a bank in the City of Newport Beach approved by City and used by Concessionaire only for the purpose of replacing, repairing and restoring the fix- tures and equipment. Concessionaire shall begin the work within thirty (30) days after notice from the City to do so and complete the same as rapidly as possible. Should the cost of replacing, re- pairing and restoring such fixtures and equipment exceed the insurance 16. proceeds, Concessionaire shall pay the remainder of such cost.. Not- withstanding the interruption of the business of Concessionaire while the work is being done, this agreement shall continue in effect. If the buildings are destroyed or substantially damaged and the City gives written notice to Concessionaire that City does not intend to restore the buildings, or if one year has passed and the City has not restored the buildings, Concessionaire may elect to re- store the buildings to the satisfaction of the City and then restore, repair or replace the damaged fixtures and equipment and continue the concession business or may treat this contract at an end and with- draw any insurance proceeds from his insurance which were previously deposited as required herein. 19. Workmen's Compensation Insurance. Concessionaire shall maintain Workmen's Compensation Insurance for all his employees. 20. Insurance Policies Filed. Concessionaire shall place the policies of all insurance required by this agreement or duplicates thereof or certificates evidencing the same on file with the City. 21. Books of Account. Concessionaire agrees to keep books of account in connection with the operation of said concession in a manner satisfactory to City, which books shall be open at all times to City for the purpose of inspection or audit. For each calendar year or portion thereof at the beginning or end of the agreement, unless a different reporting period has been approved by City, Con- cessionaire shall submit within forty -five (45) days after the close of the reporting period such financial statements of his operations as may be requested by City. 22. Notices. (a) All notices herein provided to be given, or which may be given, by either party to the other, shall be deemed to have been fully given when made in writing and deposited in the United States mail at Newport Beach, California, certified and post- age prepaid, and addressed as follows: To the Concessionaire at 24066 Glafts"t 17. 3M Undw Am* • low and to the City at City of Newport Beach, Attention City Manager, City Hall, 3300 Newport Boulevard, Newport Beach, California. (b) The address to which the notices shall or may be mailed as aforesaid by either party shall or may be changed by written notice, given by such party to the other, as hereinbefore provided; but nothing herein contained shall preclude the giving of any such notice by personal service. 23. Title to Real Property. Concessionaire hereby ack- nowledges the title of the State of California and the City of Newport Beach to the land comprising Corona del Mar State and City Beach Park and agrees never to assail or contest that title. Concessionaire is not being granted any right, title or interest in or to the land or any part thereof by this agreement. 24. Contractual Rights Only. The parties agree that Con- cessionaire is not a lessee or tenant of the premises or any part thereof and that the only rights of Concessionaire are those pro- vided in this agreement. Should Concessionaire be deemed a lessee or tenant, Concessionaire hereby specifically waives all rights under Section 1942 of the Civil Code of the State of California. 25. Administration of Contract. For the purposes of the administration of this contract City Manager or an officer or ei authorized by him to administer dissatisfied with any action or may take the matter to the City the City Council is final. by the City, "City" shall mean the nployee of the City of Newport Beach the contract. If Concessionaire is decision of the City, Concessionaire Council for review. A decision by 26. Concessionaire to Pay Cost of Litigation. Concession- aire agrees to pay City all costs and expenses, including reasonable attorney's fees, incurred by City in any action brought by City to enforce the terms of this agreement. 27. Limited Waiver. No waiver by the City of any term or condition of the contract or of any breach thereof by Concessionaire 18. shall constitute a waiver of any other term or condition or of any other or future breach. 28. Automatic Termination. Should any person other than Concessionaire secure possession of Public Service Area No. 1 or of any part thereof or secure any rights under this contract by a writ of attachment or execution or by any voluntary or involuntary assign- ment or by any petition, receivership or proceedings in bankruptcy or any other operation of law whatsoever, and remain in possession or maintain any right or rights for a period of five (5) days, this agreement shall automatically terminate without any action on the part of City, and City may enter and take possession of the premises, buildings and fixtures and remove all persons and property therefrom notwithstanding any other provisions of law or of this agreement. 29. State Approval. It is mutually understood that this agreement must be submitted to the Division of Beaches and Parks, Department of Natural Resources, of the State of California for approval and is not effective until such approval. 30. Telephone Booths. Space is provided on said Public Service Area No. 1 for telephone booths. Concessionaire shall ar- range to have coin - operated telephones installed as necessary to serve the public. Concessionaire shall provide electricity to the booths and shall keep them clean. Any revenue to Concessionaire shall be included in his gross receipts. 31. Parking Lot. Concessionaire understands and agrees that City is to operate the parking lot at the Park and may increase or decrease the size thereof in the sole discretion of City. City shall determine the times of operation of the lot and may close the same at any time it deems necessary or convenient. All revenue from the lot belongs to City. It is agreed that City will allocate and designate the location of parking spaces deemed necessary by City to serve Conces- sionaire and employees of Concessionaire without charge therefor. The number of spaces allocated without charge shall not exceed five (5). 19. PERSONAL FINANCIAL STATEMENT (DO NOT USE FOR BUSINESS) As or Feb. lst,s 60 mile) 0 ADDRESS 3708 Linden Ave., Long Beach, Cal. To =H1tk of ,America NATIONAL ].r:`1nT„,iiR ASSOCIATION The undersigned, for the purpose of procuri come indebted to you on notes, endorsements, gl most recent statement prepared by or for the u date indicated, and agrees to notify you !armed] If the undersigned, or any endorser or guaranti mits an act of bankruptcy, or dies,. or if a Writ or if any assessment for taxes against the unde or if any of the representations made below pro% business, or any interest therein, of the undersi, Immediately be due and payable, without dema undersigned, and a new and original statement becomes indebted to you. until the undersigned RECEIVED AT Bixby Knolls BRANCH EMPLOYED BY S L I f YEARS__ ADE.3$NAMEa�l' S� — RPOUE� �a V'onne IF EMPLOYED LESS THAN 1 YEAR. PREVIOUS EMPLOYE nd establishing credit from time to time with you and to induce you to permit the undersigned to be- stees, overdrafts or otherwise, furnishes the following (or in lieu thereof the attached) which is the signed as being a full, true and correct statement of the financial condition of the undersigned on the of the extent and character of any material change in said financial condition, and also agrees that any of the obligations of the undersigned, at any time fails in business or becomes Insolvent, or com- ttachment, garnishment, execution or other legal process be issued against property of the undersigned led, other than on real property, is made by the federal or state government or any department thereof, be untrue, or if the undersigned falls to notify you of any material change as above agreed, or if the is sold, then and in such case, all of the obligations of the undersigned to you or held by you shall r notice. This statement shall be construed by you to be a continuing statement of the condition of the 1 assets and liabilities upon each and every transaction In and by which the undersigned hereafter sea in writing to the contrary. ASSETS DOLLARS CENTS LIABILITIES DOLLARS CENTS Cash in B of A Bixby Knolls 3 108 20 Notes payable B of A Securities Income Inrolne Taxe _s: _. R 00 Rentals 507a (Branch) (Branch) Cash in Bank of Amer.Bel.ShoreS Insurance Premium 389 06 Notes payable 14 Property Taxes 5 G I�os &Home L Other( describe — include instalment payments other than real estate) t. (Other —Rive name) ,.Contracting (Other) Accounts Receivabl,Good 3 522 18 Acrnunts payable 4. Stocks and Bonds (Schedule B) 500 00 Taxes payable TOTAL INCOME Notes Receivable —Good 376 14 3. TOTAL EXPENDITURES Contracts payable 2 296 66 6 081 48 (To whom) Cash Surrender Value Life Insurance 2 600 00 Contracts payable 55 Dod e 'rYa 56 Dod.Pick •(Year 1 800 u0 (To whom) 20 Auto (Year —Make) —Make) UP Real,Estate indebtedness (Schedule A) Real Estate (Schedule A) Other Liabilities (describe) Other Assets (describe) I, none 2. 50% Food & Soft Drink Concessions Hunts. Bch 3. State Park 50% 13 000 3 4. 20 038 20 4. 2 Vac. Lots Seal Bch. 5 000 00 TOTAL LIABILITIES NET WORTH 5 Boats & Boat Equip. 1 970 00 TOTAL ASSETS 64 889 4 TOTAL ANNUAL INCOME a n d EXPENDITURES (Excluding Ordinary Living Expenses) Salary Salary (wife or husband) Real Estate payin.m(s) Hospital 50% Rent Home Securities Income Inrolne Taxe _s: _. R 00 Rentals 507a Insurance Premium Other (describe) ,.50;. Beach Concessions 4 22 14 Property Taxes 5 G I�os &Home L Other( describe — include instalment payments other than real estate) t. 12 ,.Contracting 4 1 3. 4. _None 2. 5 TOTAL INCOME 8 376 14 3. TOTAL EXPENDITURES LESS —TOTAL EXPENDITURES NET CASH INCOME (exclusive of-ordmary living exprnus)........_ _..........._ .................. 2 296 66 6 081 48 Cr -2 (Rev.) 2 -60 What assets in this statement are in joint Have you filed homestead? Are you a guarantor on anyone's debt? No If so, Rive Are any assets pledged or debts secured except as indicated? . If so, please itemize by debt and Do you have any other business connections? No If so, give Are there any suits or judgments against you? 14 V Any Have you gone through bankruptcy or compromised a debt? IN O Have you made a will? Yes Number of Dependents 4 SCHEDULE A —REAL ESTATE of other P.MLaponne Tosh SCHEDULE B— STOCKS AND BONDS NUMBER OF SHARER AMOUNT OF BONDS LOCATION AND TYPE TITLE OF IMPROVEMENT IN NAME OF ESTIMATED VALUE AMOUNT OWING TO WHOM PAYABLE A #ple Valley Bldg. & Development Hospital Don & LaVonne s $ 1. 1725 Pacific Ave. Ian & Mary Tosh 150,000. 29,860. Bank of America ome 2 3708 Linden Long BeacI. Donald & LaVon_ 30,000. 7,108.2 CAL VET Marina Shores Seal Bd s 2 Vacant Lots Donald & LaVonne 15,000. none 50/ Bch. Conces. a. Hut . Bch. State SCHEDULE B— STOCKS AND BONDS NUMBER OF SHARER AMOUNT OF BONDS DESCRIPTION CURRENT MARKET ON LISTED ESTIMATED VALUE ON UNLISTED A #ple Valley Bldg. & Development s 500.00 s 500.00 If additional space is needed for Schedule A and /or Schedule B. list on separate sheet and attach. INSURANCE Life Insurance s 6000000 Name of Company Metropolitan Life. Beneficiary LaVonne Tosh Automobile Insurance: Public Liability —yes [.X no 0 Property Damage—yes 0 nn ❑ Comprehensive Personal Liability—yes X] no 0 I STATEMENT OF BANK OFFICER: The undersigned certifies that the above statement (or in lieu thereof, the attached Insofar as our records reveal, this Financial Statement is accurate and true. statement, as the case may be) and supporting schedules, both printed and written, The foregoing statement is (a copy of) the original ugned by the maker, in [he give a full, true, and correct statement of the financial condition of the undersigned credit files of this Bank. as of the date indicated. NAttnk of w America NPTrONAL gwibff A$$OCIATION WA xb ASSISTANT CASHIER- MANAGER Date signed Sixnat e I% P PERSONAL FINANCIAL STATEMENT � �• ' ( (DO NOT USE FOR BUSINESS) Feb.1st, 1 As DP F RECEIVED AT B Belmont Sbor6 B BRANCH 15 M. (� 1 EMPLOYED aT C/jl f f Y YEAR! 42 NAMEoMary ,t { T T� {. /� + 4 � � a IP EMPLOYED LESS THAN t YEAR, PREVIOUS EMPLOYE To 'ffittnk of Amtrirtt "TIONAL ZRj,I{Sl n,ii'R ASSOCIATION The undersigned, for the purpose of procuring and establishing credit from time to time with you and to induce you to permit the undersigned to be- come indebted to you on notes, endorsements, guarantees, overdrafts or otherwise, furnishes the following (or In lieu thereof the attached) which Is the most recent statement prepared by or for the undersigned as being a full, true and correct statement of the financial condition of the undersigned on the date indicated, and agrees to notify you Immediately of the extent and character of any material change In said financial condition, and also agrees that if the undersigned, or any endorser or guarantor of any of the obligations of the undersigned, at any time fails In business or becomes Insolvent, or com- mits an act of bankruptcy, or dies, or if a Writ of attachment, garnishment, execution or other legal process be Issued against property of the undersigned or if any assessment for taxes against the undersigned, other than on real property, is made by the federal or state government or any department thereof, or if any of the representations made below prove to be untrue, or if the undersigned fails to notify you of any material change as above agreed, or it the business, or any Interest therein, of the undersigned is sold, then and In such case, all of the obligations of the undersigned to you or held by you shall immediately be due and payable, without demand or notice. This statement shall be construed by you to be a continuing statement of the condition of the undersigned, and a new and original statement of all asseta and liabilities upon each and every transaction in and by which the undersigned hereafter becomes indebted to you, until the undersigned advises In writing to the contrary. ASSETS ooLUSa texts LIABILITIES DOLLARS CENTS Cash in B of 3 OO Notes payable B of A (Branch) (South) Cub inBank of Belmont Shore 3 740 00 Notes payable i Other---giYs name) (Other) Aaounts Rerrmble --Good Note 3 850 00 Arronnts payable Stocks and Bonds (Schedule R) Taxes payabl Notes RTcei,.biG.rs4 ctearats payable (To whom ) Cash Surrender Value Life insurance 5500 00 Contacts payable (To whom) Autos 00 RnLEstate indebtedness (Schedule A) (Year —Make) (Year— a;e Real Estate (Schedule A) 135 OO OO Other Liabilities (dextibe) Omer sets deFood & Soft Dri none I. oncess ons Hunt . Beach 15 00 3. 4. 4, TOTAL LIABILITIES 3. NET WORTH TOTAL ASSETS 155 21 1 OO TOTAL ANNUAL INCOME a ad EXPENDITURES (Exciuding Ordinary Living Expenses) Salary Real Estate payment(s)_ Salaq (wife or husband) Ren Securities Income Income Taxes Rental 9 4O O la'smnce Premiums Other (describe) P,.Perty Taxes A5 OHoB 1 5 Beach O Other (dTaaibr— include instalment Payments 2. C ontrae tin other than mat estate) 3. none 4. 2. 3. TOTAL INCOME 28 376 14 TOTAL EXPENDITURES 11 02 WO �2 gg LESS —TOTAL EXPENDITURES IL [ 2-2- if NET CASH INCOME 10.0811 48 - ` ... .. .. (ez<lusive of -ordinary living expenus) ...... . .............................. _.... Cr-2 (R.J 2 -60 Cr-2 (R.J 2 -60 What assets in this statement are in joint Have you filed homestead? No Are you a guarantor on anyone's debt? If so, Rive Are any assets pledged or debts secured except as Do you have any other business Arc there any suits or judgments against you? No If so, Rive Have you gone through bankruptcy or compromised a rkm If so, please itemize by debt and Have you made a will? yea Number of Dependents d SCHEDULE A —REAL ESTATE Any of other Party Marl SCHEDULE B— STOCKS AND BONDS NUMBER OF SHARES AMOUNT OF BONDS LOCATION AND TYPE OFIMPROVEMENT TITLE IN NAME OF Don 86 La Verm ESTIMATED VALUE AMOUNT OWING TO WHOM PAYABLE s Hospital Ian & Mary 1500000 s 29,860. Bank of America 1. 1725 Pacific, L B. Home J 2 350 Pomona Ave. L. B, Ian & Mary 606000 14000.0 E uitab le Life n& an 1 000. 50% Beach Concession 3. 4. SCHEDULE B— STOCKS AND BONDS NUMBER OF SHARES AMOUNT OF BONDS D E S C R I P T I O N CURRENT MARKET ON LISTED ESTIMATED VALUE ON UNLISTED s s J If additional space is needed for Schedule A and /or Schedule B, list on separate sheet and attach. INSURANCE 36000,00 Metropolitan,Prudential Mary W. Towh Automobile Insuran ce: Lila Insurance 3 — Name of Company Beneficiary WSL . q e e• Public Liability —yes no o Comprehensive Personal Liability —yes C] no 0 STATEMENT OF BANK OFFICER: Insofar as our records reveal, this Financial Statement is accurate and true. The foregoing statement is (a copy of) the original signed by the maker, in the credit files of this Bank. Bank of Amerirtt NATIONAL V�UvSVZj Py ASSOCIATION ASSISTANT CASHIER- MANAGER Property Damage —yes C] no 0 The undersigned certifies that the above statement (or in lieu thereof, the attached statement, as the case may be) and supporting schedules, both printed and written, give a full. true, and correct statement of the financial condition of the undersigned as of the date indicated. 3 9 Date signed S.Rnat R I 0 TO: EVALUATION COMMITTEE FROM: ROBERT SHELTON, CITY MANAGER SUBJECT: COMMENTS ON TOSH BROS. Telephone conversation with Mr. A. D. Philbrook, Superintendent District VI, Division of Beaches and Parks. Relationship with State has been good. Tosh Bros. contract is up for renewal and Philbrook expects to recommend it; also, State policy may require calling for bids. Feels they have done a good job for the State with little or no repercussion at the District level. Noted that Tosh Bros, built the concession buildings which are about to revert to the State. Believes they have paid about 7 1/2% of gross sales. Tosh Bros. have not handled beach rental or parking concessions. Telephone conversation with Mr. Wm. Rinehart, State Park Supervisor Huntington Beach State Park since 1956. Has highest respect for Tosh Bros. business ability. Nothing but good relations. Feels contacts with public have been handled well. Employees are mostly high school and college boys. One or other of Toeh Bros. usually on hand. Most certainly would recommend renewal of contract. Considers, Tosh operation efficient and clean. Huntington.Beach State Park has four concession stands that are opened progressively as demand requires. Concessionaire must operate from 10:00 A.M. to 6:00 P.M. daily and from 10 :00 A.M. to 10:00 P.M. weekends and holidays for a six month season beginning usually in April. He has the option of being open at other times. Hot food at these stands is limited to hamburgers (35Q) and hot dogs. Soft drinks and a variety of ice cream products are available. No bottles will be allowed beginning this year. Tosh for last ten years has paid State annually minimum of $700.00, or 7.5% of gross receipts. Rinehart estimates stands cost $5,000 each in 1950. Buildings were built by Tosh and revert to State next year. Terms of Tosh contract would be revised if it is renewed. The State has had unsatisfactory experience with parking lot and beach rental concessionaire at Huntington Beach. Beach rental concessionaire now pays 20% of gross. See File for Floor Plan of Food Service Bldg, Site Plan Plumbing & Electrical Plan 32. Business Use Only. The buildings used hereunder by Concessionaire are for business use only and neither Concessionaire nor any employee or agent of Concessionaire shall reside in such buildings or in Public Service Area No. 1. 33. Prompt Performance Required. Time is of the essence of this agreement. IN WITNESS WHEREOF the parties have executed this agreement as of the date first above written. TOSH BROS. oncesssi�oona� re By A44a4g, Donald W. a By Ian` M. Tosh CITY AF NEWPORT M yor Attest: Clerk Ate by Kvielft Of fONtiN OM ftbl • Of fearal aftenn fte of a* Rate of Qalifinnt.&, tb" %,., dh► of tow'c DEPARTMENT O(F RESOURCES Chief By Division of Administrative Services DeWITT NELSON, Director 20.