HomeMy WebLinkAboutC-666 - Concession & operation at Corona del Mar State & City Beach ParkWWC:mec
2/9/60
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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."
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"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remains as originally made and executed.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
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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.
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A CERTIFIED
RLP 15901/33.
A NEW YORK CORPORATION
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APPROVED AS TO FORM
Countersigned by % Dated:
A7u_thc7l?4rRepresentative
JAY iYrvrr'c WALTER W. CHARAAIZA
City Attorney
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TULLY Ai. S R
Assistant City Attorney
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ISSUED TO
DONALD W. TOSH &
IAN M. TOSH DBA: TOSH BRi
EXPIRATION
5/8/66
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Name and Address of Insured
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DONALD W. TOSH AND IAN M. TOSH DBA: TOSH BROTHERS
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3708 LINDEN, LONG BEACH, CALIF.
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Business of the named insured is RESTAURANT AND BEACH EQUIPMENT RENTAL
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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
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$ 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
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B y / - j..'-'.' U �aLla✓ j
TULLY Ai. S R
Assistant City Attorney
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ISSUED TO
DONALD W. TOSH &
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EXPIRATION
5/8/66
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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,
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j11000.00
4 O`o G
x
x
x
x
IT IS HEREBY UNDERSTOOD AND AGREED THAT THE
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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
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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
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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'
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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
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40
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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
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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 ��
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CL 20999 a 60M SETS I6tREV. 1-66 JAY REIN..'
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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
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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
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,*f6Mu, �, IM M. Tt,15M MAI MW N►TH MS
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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)
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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
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STREET ANO N.U.
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POD Form 33GO
Jul 1957 UE OTRER SIDE
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' 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
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RECEIVED BY_..13 �f-G l<'* -f'" �h '3�
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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
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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
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XXXX
XXXX
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Compeoaauon
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ProPty Damage
Com,.ctori Liabiliry
Owneri or Contractors
Properly Damage
Protective Liability
Ow'nen', Landlord,'
Property Damage
I
and Te... ts' Liabiliry
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500 000.
,
,000,000.
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Bodily Injury
,000,000.
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RLP 147110
5/8/6 3
5 00,000.
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50,000.
Property Damage
5O,000.
e
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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
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Locationof Property ............ ........ ............................ ___ ............ ............... .................................................... ............................ _ ............... _ ....... . ............ _ ........
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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`
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PROVISIONS REFERRED TO IN AND MADE PART OF THIS FORM (No. 471 -NS)
PARAGRAPH
NO.
11. 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.
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CERTIFICATE OF
INSURAJCE Old No ......... 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.