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HomeMy WebLinkAboutC-719 - License agreement for operation of lunch stand & concessions (Balboa Pier)JM mec 1/5/61 CITY OF NEWPORT BEACH 4 f NOTICE TO PROSPECTIVE LICENSEES SPECIAL PROVISIONS AND CONDITIONS PROPOSAL TO CITY OF NEWPORT BEACH AND LICENSE AGREEMENT FOR OPERATION OF LUNCH STAND AND LIVE BAIT CONCESSION ON BALBOA PIER AT NEWPORT BEACH, CALIFORNIA NOTICE TO PROSPECTIVE LICENSEES: Proposals shall be plainly marked on outside of sealed envelope- "Proposal for operation of lunch stand and live bait concession on the Balboa Pier, Newport Beach, California." JHRomec 1/5/61 CITY OF NEWPORT BEACH NOTICE TO PROSPECTIVE LICENSEES 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 Friday,_January 20, 1961, for the operation of a lunch stand and live bait concession in a portion of the building located on the Balboa Pier, which said pier is located in the City of Newport Beach and extends into and over the waters of the Pacific Ocean at the extension of Main Street, in accordance with the attached conditions, proposal and contract form. 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 informalities therein. The award of the license, if it is awarded, will be to a person submitting a proposal which complies with the requirements prescribed herein and who is selected by the City Council as the best qualified operator for the license. Although of substantial importance in making the award, the monetary return to the City will not be the sole criterion in awarding the license. The City Council shall be the sole judge in determining who shall be granted the license and may refer all proposals to a committee or commission for evaluation and recommendation. Within thirty (30) days after the award of the license, 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. 1. CITY OF NEWPORT BEACH LICENSE TO OPERATE LUNCH STAND AND LIVE BAIT CONCESSION ON.BALBOA PIER SPECIAL PROVISIONS AND CONDITIONS 1. Proposal Requirements and Conditions: All proposals must be presented under sealed cover and shall be accompanied by cash, cashier's check, certified check, or money order made payable to the City of Newport Beach in the amount of Two Hundred Dollars ($200°00) as a guarantee that if the proposal is accepted the person making the proposal will execute the license agreement, and no proposal shall be considered unless accompanied by the amount required herein. Any proposal may be withdrawn at any time prior to the final time fixed for receiving the proposals provided a request for withdrawal is made in writing, executed by the proponent or his authorized representative, and filed with the City Clerk. The with- drawal of a proposal shall not prejudice that person with respect to filing a new proposal. Persons submitting a proposal must file along with the proposal a separate statement setting forth the estimated cost of rehabilitating the building and providing the necessary fixtures and equipment, the assets that are available therefor, and, if such assets are not available, the method by which funds to meet the estimated costs are to be secured. Each person submitting a proposal shall carefully examine the building in which the businesses of lunch stand and live bait concession are to be operated and the Balboa Pier on which said building is located and shall carefully examine these provisions and conditions, the proposal form, and the form of the license agree- ment attached hereto. In examining and evaluating the proposals, it will be assumed that each person submitting a proposal has investi- gated and has become informed as to the character, quality, and quantities of work or acts to be performed by the licensee and as 2. to,the requirements of these provisions, conditions, and the license agreement attached hereto. 2. Term of Licenser The term of the license agreement shall begin upon the date of execution (probably in February, 1961) and shall end on December 31, 1965, unless terminated sooner as provided therein. 3. License Privileges and Requirements: The license, privilege, and right to be granted will be to operate a lunch stand and live bait concession. The sale of any item of merchandise not specifically permitted by the license agree- ment is prohibited unless the approval of the City is first obtained. Unimpaired use of the public area in the solarium and the deck of the pier by the public is to be maintained throughout the term of the license agreement. Licensee must completely maintain the exterior and interior of the building, including certain %specific requirements set out in the contract form,attached hereto. All proposals are to be made on the basis of a guaranteed monthly payment payable on the first day of each month during the term of the license. Proposals shall also provide for a percentage of the total gross receipts to be used as follows- In the event said percentage of the total gross receipts in any calendar year is larger than the sum total of guaranteed monthly payments for such calendar year, a sum equal to the difference shall be paid to the City within forty-five (45) days after the end of such calendar year. 4. Additional Terms. Prospective licensees are referred to the contract form attached hereto for additional specific requirements of the license agreement, and to the diagram of the building attached thereto and marked Exhibit-"A" for the business and public areas in the build- ing. 3. PROPOSAL TO THE CITY OF NEWPORT BEACH FOR THE LUNCH STAND AND LIVE BAIT CONCESSION AT THE BALBOA PIER The undersigned makes the following proposal to the City of Newport Beach for the operation of the lunch stand and live bait concession in the building located on the Balboa Pier in the City of Newport Beach, California- NAME BUSINESS ADDRESS RESIDENCE ADDRESS BUSINESS PHONE NO. RESIDENCE PHONE NO. and, if awarded the license, agrees to execute the form of agreement attached and operate the businesses of lunch stand and live bait 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 building, the business and public areas therein, and`the =pier on which said building is located, the terms, conditions and specifics® tions, 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 businesses of lunch stand and live bait concession in accordance with its terms and to do any and all other acts to fulfill the requirements thereof; that during the term said license agreement is in effect I (we) will pay therefor the following sums to the City of Newport Beach, to wit: From the date of execution through December 31, 1965, a guaranteed monthly payment of $ payable on the first day of each month, arid, in the event per cent of the total gross receipts in any calendar year during such term shall be larger than 4> the sum total of guaranteed monthly payments for such calendar year, a sum equal to the difference payable within forty -five (45) days after the end of such calendar year. If the undersigned fails to execute the license agreement 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 accom- panying this proposal shall be forfeited and the same shall be the property of the City. Accompanying this proposal is Two Hundred Dollars ($200.00) (insert the words "Cash ", "Cashier's Check ", "Certified Check ", or "Money Order ") as a guarantee that, if the proposal is accepted, the undersigned will execute the license agree- ment. 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 part- ners; 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 BUSINESS ADDRESS PRINCIPAL PLACE OF BUSINESS IN CALIFORNIA BUSINESS TELEPHONE NO. RESIDENCE ADDRESS RESIDENCE TELEPHONE NO. HOME OWNERSHIP? YES NO DATE OF BIRTH PLACE OF BIRTH MARITAL STATUS 5. LIST IN ORDER, STARTING WITH THE MOST RECENT, THE FOLLOWING INFORMA- TION ON BUSINESSES IN WHICH YOU WERE EMPLOYED OR HAD AN INTEREST DURING THE PAST 15"YEARSs (Use additional sheets of "paper, if necessary.) Name of business _ Dates Address of business Type of business Interest or position Number of employees Number supervised by you Business Bank Annual gross If a service business, the maximum number served in a day If not still affiliated, reason for leaving HAVE YOU EVER BEEN ARRESTED? YES NO IF YES, STATE WHERE, WHEN, REASON, AND DISPOSITION OF MATTER DO YOU CONSENT TO BEING FINGERPRINTED? YES NO LIST FIVE CHARACTER REFERENCES- Name Address City Stati LIST FIVE CREDIT REFERENCES: Name Address City State 6. STATE WHETHER YOU INTEND TO OPERATE THE BUSINESSES PERSONALLY, IN THE FOLLOWING SPACE, OR ON ADDITIONAL PAPER, STATE THE REASONS YOU FEEL QUALIFIED TO CONDUCT THESE BUSINESSES AND SUPPLY ANY ADDITIONAL INFORMATION ABOUT YOURSELF, YOUR BUSINESSES, OR YOUR PLANS FOR THE CONDUCT OF THE LICENSED BUSINESSES WHICH YOU FEEL WILL BE HELPFUL TO THE CITY IN EVALUATING YOUR PROPOSAL FOR THE OPERATION OF THE BUSINESSES ON THE BALBOA PIER- 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- , 1961= SIGNATURES 7, JHR%mec 1/5/61 LICENSE AGREEMENT BALBOA PIER THIS LICENSE AGREEMENT is made and entered into this day of , 1961, between the CITY OF NEWPORT BEACH, a municipal corporation, hereinafter referred to as "City ", and hereinafter referred to as "Licensee "; WITNESSETH° WHEREAS, the City is the owner and is in possession and control of a certain pier known as Balboa Pier located in the City of Newport Beach which extends into and over the waters of the Pacific Ocean at the extension of Main Street, which pier is used by the general public for the purpose of fishing and other recrea- tion; and WHEREAS, it is the opinion of the City Council that it is advisable that the operation and maintenance of a lunch stand and live bait concession be permitted on said pier in the hereinafter designated portion of a building owned by City for the use and con- venience of the public and all persons using the pier for fishing and recreational purposes; NOW, THEREFORE, in consideration of the payments herein- after specified and the faithful performance of the other covenants'," of this agreement'by Licensee, City hereby grants to Licensee a license, privilege and right of operating a lunch stand and live bait concession in that portion of the building on said pier shaded red and designated as "lunch stand and live bait concession" on the diagram attached hereto and marked Exhibit "A" for a term beginning on the day of on the 31st day of December, 1965, , 1961, and ending for the guaranteed monthly pay- ment of $ which shall be payable on the first day of each month during the,term of this license, and, in the event per cent. %) of the total gross receipts in any calendar year during such term shall be larger than the sum total .1. of guaranteed monthly payments for such calendar year, ,a sum equal to the difference shall be paid to the City within forty-five (45) days after the end of such calendar year. Said license and privilege herein granted are subject to the following terms, covenants, and conditions- 1. Scope. (a) Licensee agrees to assume said license and privilege hereby granted and to operate said businesses within the designated portion of said building 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 that is deemed necessary by City to inspect said building or any portion thereof and equipment and fixtures located therein. (b) In conducting said businesses, all food and beverage products sold shall be of uniform high quality; Licensee shall be limited to the sale of light foods and sandwiches, soft drinks, coffee, ice cream and ice cream products, cigars, cigarettes and tobaccoes, candies, chewing gum, items of fishing tackle such as rods, reels, lines, hooks, weights, leaders, and bait buckets, and any other items of fishing tackle reasonably related to pier fish- ing, and the sale of live bait. (c) The rental of any item of merchandise, the sale of which is specifically permitted herein, and the sale or rental of any item not herein specifically permitted, shall first require the approval of the City and the City reserves the right to res- cind its approval of any item whenever it deems the sale or rental of any such item objectionable or beyond the scope of merchandise deemed necessary for proper service to the public. (d) Licensee understands that the volume of busi- ness 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. 2. Notwithstanding the uncertainties involved, Licensee shall supply the demand as it arises and maintain an adequate supply of labor, food, beverages, and equipment to do so. The hours and days that Licensee operates said businesses shall be fixed by Licensee, but, in the event the City determines that the interests of the public require that said businesses be in operation during certain speci- fied hours and days, Licensee agrees to operate said businesses during such hours and days. (e) Licensee shall not place or allow any signs, placards, or advertising matter to be attached to the building or elsewhere prior written consent of City and the such conditions as may be attached to placed on said building or pier shall request by City. 2. Prices. placed or maintained on or on the pier without the i only in accordance with such approval. Any signs be removed promptly upon (a) Prices shall be fixed by Licensee but may not be in excess of prevailing prices in the City of Newport Beach for similar items, 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 Licensee. Licensee shall post the prices for food and beverage products on or within the business portion of the building at a location where such prices can be plainly seen by the public. (b) Whenever requested by City, Licensee shall file with City a written schedule of prices being charged for items being sold or rented to the public by Licensee. Licensee shall not be permitted to establish any system of prepayment by the public for live bait, whether it be by the issuance of tickets or any other device/, without first securing the,approval of City, and.then only in.accordance with such conditions as may be attached to such approval. 3> 3, Fixtures and Equipment. Licensee shall furnish and maintain in good condition and repair to the satisfaction of City the necessary fixtures and equipment for the operation of the businesses and shall, as neces- sary, replace any such fixtures and equipment. 4. Maintenance and Repairs, (a) Licensee shall completely maintain the exterior and interior of the building in good condition and repair to the satisfaction of City, Such maintenance shall include structural maintenance of interior partitions, interior painting, painting of the exterior at least once a year in such color or colnrs.as:are selected by City, replacement of glass in the solarium windows, and the maintenance of two benches in the public area in the solarium when installed by City for the use of the public, (b) Licensee shall not make any structural changes, ,. alterations, or additions to the building without the prior written consent of Cityo (c) It is understood and agreed that City need not replace the building, the pier, or any part thereof, or any City equipment that may be used in connection with Licensee's operations in case the same should be destroyed by fire, accident, catastrophe or other causes Should the building, pier, or said equipment be so destroyed or damaged to the extent Licensee finds it uneconomical to repair the same and continue to operate the businesses, Licensee may terminate this agreement by giving thirty (30) days' written notice to the City. If any damage or destruction should occur and Licensee undertakes the repair of said building, pier, or facili- ties, Licensee's obligation to pay rent shall be suspended for the period of time said business operations are completely and neces- sarily suspended, but not to exceed ninety (90) days. 5o Utilities and Sewerage, (a) Newport Beach water is available to the building on the pier. Licensee shall be entitled to water service under the same terms as any other occupant of premises in the City and shall 40 pay the same fees, rate or rates as any other occupant. (b) Newport Beach sewer service is not available to the building on the pier. Licensee shall provide and maintain at its sole cost and expense any chemical toilets and other appurtenant equipment for sewage disposal required by the County Health Depart- ment in the operation of the businesses. (c) Licensee shall make arrangements for such other utility services as are necessary for the operation of the businesses, and shall promptly pay all charges for utilities when due. 6. Vehicles. Licensee shall permit only one vehicle owned and operated by Licensee or employees of Licensee on the pier at any one time serving the businesses of Licensee and for no other purpose, and Licensee shall take reasonable steps to prevent vendors from driving vehicles on the pier. 7. Building and Pier Area. (a) Unless otherwise designated by City, Licensee shall open and make available for the use of the public during the daylight hours of every day and close and lock every evening through- out the.term of this license agreement the public area in the solar - ium,.being the area shaded yellow and designated as "public area" on Exhibit "A ". City reserves the right to require, and at the request of Licensee may permit, Licensee to close and lock said public area at any time during the term of this agreement whenever the City de- termines that such closing will not thereby prejudice the interest and convenience of the public in.its, use of the pier. Licensee shall keep the building, including. ..the public area in the solarium, and the entire deck of the pier in a clean condition at all times. (b) No merchandise, fixtures,.equipment or personal property shall be displayed, stored or located within said public area at any time without first securing the approval of City. Fish- ing tackle, however, may be vended from.the business portion of the solarium to the public in said public area. Regardless of its pur- pose, no alteration, addition, or structural change shall be made to the solarium without the prior written consent of City. 5. 8. Gross Receipts. (a) The term "gross receipts ", wherever used in this agreement, is intended to and shall mean all monies, property or any other thing of value received by Licensee through the operation of said businesses 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 Licensee or deposits made with Licensee to guarantee the return of rental equipment. (b) Licensee shall maintain and use cash registers 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 Licensee 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, Licensee shall not destroy such tape or any part thereof without the written consent of City. Both the registers anO the tapes shall be subject to inspection and review by City upon request at any time during business hours. City shall request inspection or review at such times as will not unnecessarily in- terfere with Licensee's business operation. (c) All payments shall be to the City at the office of the Director of Finance in'the City Hall. 9. Books of Account. Y Licensee agrees to keep books of account in connection with the operation of said businesses 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' l 6. at the beginning or end of the agreement, unless a different report- ing period has been approved by City, Licensee 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. 10. Assignment. This license agreement shall not be sold, assigned, trans- ferred, mortgaged, pledged or hypothecated by Licensee without the prior written consent of City, nor shall Licensee sublet the premises or any part thereof or permit the same to be occupied by any other person whomsoever without the prior written approval of City first had and obtained. 11. Automatic Termination. In the event of voluntary or involuntary bankruptcy or 1 insolvency of Licensee, said bankruptcy or insolvency shall auto- matically terminate this license and it shall not become an asset of Licensee or any referee.or assignee in such insolvency or bank- ruptcy proceeding. 12. Independent Contractor. City shall have no interest in the operation of the lunch. stand or live bait concession and shall not be responsible for any injury,or damage to the person or property of Licensee suffered or sustained in the operation of the lunch stand or live bait con- cession. It is understood and agreed that Licensee operates both the lunch stand and the live bait concession as an independent contractor. 13. Public Liability Insurance. (a) Licensee agrees to hold harmless and indemnify City against any and all claims, losses or liability on account of any injury, loss or damage to persons or property claimed, suffered or sustained in or around the premises where the lunch stand and live bait.concession are conducted, by reason of the operation, use or occupancy of the pier by Licensee. Licensee further agrees to maintain at all times throughout the term of this license agreement 7. public liability insurance in the amount of $500,000 for injury to one person, $1,000,000 for injuries in one accident, and $100,000 for property damage, in which policy or policies of insurance City shall be named as an additional assured. (b) Said policy or policies shall contain an endorse- ment providing that the insurance company shall not cancel such NI 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 satisfactory 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. 14. Compliance with all Laws. Licensee agrees to operate the businesses for the term of this agreement and to comply with all laws, rues and regula- tions of the City of Newport Beach, State of California, and the Federal Government in his occupancy of and the operation and conduct of his businesses on said pier. 15. Termination. It is understood and agreed that the City Council may, upon thirty (30) days' written notice, terminate this license agree- ment for any reason. Licensee may terminate for any reason upon giving sixty (60) days' written notice to the City. Upon termina- tion, all rights of Licensee shall end and Licensee shall within thirty (30) days after the date of termination remove all equipment and materials belonging to him and, in the event he fails to do so, all equipment and materials remaining shall be deemed abandoned by him and shall become the property of City, with full power and authority to control, use or dispose of the same. up In case of termination, Licensee shall have no obligation to pay rent for any time subsequent to the date of termination. 16. Administration of Contract. For the purposes'of the administration of this license agreement by the City, "City" shall mean the City Manager and any officer and employee of the City of Newport Beach authorized by ���i"riim�a�ii�s��' �•e *ci�nti�t y�f L'�lt�c�t4�'��l"�d�s�9at�lli�ed �!1't� any action or decision of the City, Licensee may take the matter to the City Council.for.review. The decision by the City Council is final. IN WITNESS WHEREOF, the parties have executed this agree- ment as of the date first above written. CITY OF NEWPORT BEACH By Mayor ATTEST* By City er CITY LICENSEE 9. 1 JHRomec 1/5/61 CITY OF NEWPORT BEACH NOTICE TO PROSPECTIVE LICENSEES SPECIAL PROVISIONS AND CONDITIONS PROPOSAL TO CITY OF NEWPORT BEACH AND LICENSE AGREEMENT FOR OPERATION OF LUNCH STAND AND LIVE BAIT CONCESSION Moo BALBOA PIER AT NEWPORT BEACH, CALIFORNIA NOTICE TO PROSPECTIVE LICENSEES: Proposals shall be plainly marked on outside of sealed envelope: "Proposal for operation of lunch stand and live bait concession on the Balboa Pier, Newport Beach, California." JHR-mec 1/5/61 CITY OF NEWPORT BEACH NOTICE TO PROSPECTIVE LICENSEES Sealed proposals will be received at the office of the City Clerk in the City Hall at 3300 Newport Boulevard, Newport Beach, California, until 10000 o'clock A. M. on Friday,.January 20, 1961, for the operation of a lunch stand and live bait concession in a portion of the building located on the Balboa Pier, which said pier is located in the City of Newport Beach and extends into and over the waters of the Pacific Ocean at the extension of Main Street, in accordance with the attached conditions, proposal and contract form. 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 informalities therein. The award of the licensee if it is awarded, will be to a person submitting a proposal which complies with the requirements prescribed herein and who is selected by the City Council as the best qualified operator for the license. Although of substantial importance in making the award, the monetary return to the City will not be the sole criterion in awarding the license. The City Council shall be the sole judge in determining who shall be granted the license and may refer all proposals to a committee or commission for evaluation and recommendation. Within thirty (30) days after the award of the license, 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. 1. CITY OF NEWPORT BEACH LICENSE TO OPERATE LUNCH STAND AND LIVE BAIT CONCESSION ON BALBOA PIER SPECIAL PROVISIONS AND CONDITIONS 1. Proposal Requirements and Conditions. All proposals must be presented under sealed cover and shall be accompanied by cash, cashier's check, certified check, or money order made payable to the City of Newport Beach in the amount of Two Hundred Dollars ($200.00) as a guarantee that if the proposal is accepted the person making the proposal will execute the license agreement, and no proposal shall be considered unless accompanied by the amount required herein. Any proposal may be withdrawn at any time prior to the final time fixed for receiving for withdrawal is made in writ authorized representative, and drawal of a proposal shall not filing a new proposal. Persons submitting a the proposals provided a request Cng, executed by the proponent or his filed with the City Clerk. The with - prejudice that person with respect to proposal must file along with the proposal a separate statement setting forth the estimated cost of rehabilitating the building and providing the necessary fixtures and equipment, the assets that are available therefor, and, if such assets are not available, the method by which funds to meet the estimated costs are to be secured. Each person submitting a proposal shall carefully examine the building in which the businesses of lunch stand and live bait concession are to be operated and the Balboa Pier on which said building is located and shall carefully examine these provisions and conditions, the proposal form, and the form of the license agree- ment attached hereto. In examining and evaluating the proposals, it will be assumed that each person submitting a proposal has investi- gated and has become informed as to the character, quality, and quantities of work or acts to be performed by the licensee and as 2. to the requirements of these provisions, conditions, and the license agreement attached hereto. 2. Term of Licenses The term of the license agreement shall begin upon the date of execution (probably in February, 1961) and shall end on December 31, 1965, unless terminated sooner as provided therein. 3. License Privileges and Requirements: The license, privilege, and right to be granted will be to operate a lunch stand and live bait concession. The sale of any item of merchandise not specifically permitted by the license agree- ment is prohibited unless the approval of the City is first obtained. Unimpaired use of the public area in the solarium and the deck of the pier by the public is to be maintained throughout the term of the license agreement. Licensee must completely maintain the exterior and interior of the building, including certain specific requirements set out in the contract form.attached hereto. All proposals are to be made on the basis of a guaranteed monthly payment payable on the first day of each month during the term of the license. Proposals shall also provide for a percentage of the total gross receipts to be used as follows: In the event said percentage of the total gross receipts in any calendar year is larger than the sum total of guaranteed monthly payments for such calendar year, a sum equal to the difference shall be paid to the City within forty-five (45) days after the end of such calendar year. 4. Additional Terms. Prospective licensees are referred to the contract form attached hereto for additional specific requirements of the license agreement, and to the diagram of the building attached thereto and marked Exhibit "A" for the business and public areas in the build- ing. 3. PROPOSAL TO THE CITY OF NEWPORT BEACH FOR THE LUNCH STAND AND LIVE BAIT CONCESSION AT THE BALBOA PIER The undersigned makes the following proposal to the City of Newport Beach for the operation of the lunch stand and live bait concession in the building located on the Balboa Pier in the City of Newport Beach, California- NAME BUSINESS ADDRESS RESIDENCE ADDRESS BUSINESS PHONE NO. RESIDENCE PHONE NO. and, if awarded the license, agrees to execute the form of agreement attached and operate the businesses of lunch stand and live bait 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 building, the business and public areas therein, and`the: pier on which said building is located, the terms, conditions and specifics® tions, 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 businesses of lunch stand and live bait concession in accordance with its terms and to do any and all other acts to fulfill the requirements thereof; that during the term said license agreement is in effect I (we) will pay therefor the following sums to the City of Newport Beach, to wit: From the date of execution through December 31, 1965, a guaranteed monthly payment of $ payable on the first day of each month, arid, in the event per cent ( %) of the total gross receipts in any calendar year during such term shall be larger than 4. the sum total of guaranteed monthly payments for such calendar year, a sum equal to the difference payable within forty -five (45) days after the end of such calendar year. If the undersigned fails to execute the license agreement 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 accom- panying this proposal shall be forfeited and the same shall be the property of the City. Accompanying this proposal is Two Hundred Dollars ($200.00) (insert the words "Cash ", "Cashier's Check ", "Certified Check ", or "Money Order ") as a guarantee that, if the proposal is accepted, the undersigned will execute the license agree- ment. 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 part- ners; 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 BUSINESS ADDRESS PRINCIPAL PLACE OF BUSINESS IN CALIFORNIA BUSINESS TELEPHONE NO. RESIDENCE ADDRESS RESIDENCE TELEPHONE NO. HOME OWNERSHIP? YES NO DATE OF BIRTH PLACE OF BIRTH MARITAL STATUS 5. LIST IN ORDER, STARTING WITH THE MOST RECENT, THE FOLLOWING INFORMA- TION ON BUSINESSES IN WHICH YOU WERE EMPLOYED OR HAD AN INTEREST DURING THE PAST 15 YEARS. (Use additional sheets of.paper, if necessary.) Name of }business Dates Address of business Type of business Interest or position Number of employees Number supervised by you Business Bank Annual gross If a service business, the maximum number served in a day If not still affiliated, reason for leaving HAVE YOU EVER BEEN ARRESTED? YES NO IF YES, STATE WHERE, WHEN, REASON, AND DISPOSITION OF MATTER DO YOU CONSENT TO BEING FINGERPRINTED? YES NO LIST FIVE CHARACTER REFERENCES. Name A ress Citv StaEe LIST FIVE CREDIT REFERENCES. Name Address C tv Late 6. STATE WHETHER YOU INTEND TO OPERATE THE BUSINESSES PERSONALLY, IN THE FOLLOWING SPACE, OR ON ADDITIONAL PAPER, STATE THE REASONS YOU FEEL QUALIFIED TO CONDUCT THESE BUSINESSES AND SUPPLY ANY ADDITIONAL INFORMATION ABOUT YOURSELF, YOUR BUSINESSES, OR YOUR PLANS FOR THE CONDUCT OF THE LICENSED BUSINESSES WHICH YOU FEEL WILL BE HELPFUL TO THE CITY IN EVALUATING YOUR PROPOSAL FOR THE OPERATION OF THE BUSINESSES ON THE BALBOA PIER- 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- 196, SIGNATURES 70 JHRomec 1/5/61 LICENSE AGREEMENT BALBOA PIER THIS LICENSE AGREEMENT is made and entered into this day of 1961, between the CITY OF NEWPORT BEACH, a municipal corporation, hereinafter referred to as "City ", and hereinafter referred to as "Licensee "; WITNESSETHo WHEREAS, the City is the owner and is in possession and control of a certain pier known as Balboa Pier located in the City of Newport Beach which extends into and over the waters of the Pacific Ocean at the extension of Main Street, which pier is used by the general public for the purpose of fishing and other recrea- tion; and WHEREAS, it is the opinion of the City Council that it is advisable that the operation and maintenance of a lunch stand and live.bait concession be permitted on said pier in the hereinafter designated portion of a building owned by City for the use and con- venience of the public and all persons using the pier for fishing and recreational purposes; NOW, THEREFORE, in consideration of the payments herein- after specified and the faithful performance of the other covenants.' of this agreement by Licensee, City hereby grants to Licensee a license, privilege and right of operating a lunch stand and live bait concession in that portion of the building on said pier shaded red and designated as "lunch stand and live bait concession" on the diagram attached hereto and marked Exhibit "A" for a term beginning on the day of , 1961, and ending on the 31st day of December, 1965, for the guaranteed monthly pay- ment of $ , which shall be payable on the first day of each.month during the,term of this license, and, in the event per cent _%) of the total gross receipts in any calendar year during such term shall be larger than the sum total .1. of guaranteed monthly payments for such calendar year, a sum equal to the difference shall be paid to the City within forty-five (45) days after the end of such calendar year. Said license and privilege herein granted are subject to the following terms, covenants, and conditions: to Scope. (a) Licensee agrees to assume said license and privilege hereby granted and to operate said businesses within the designated portion of said building 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 that is deemed necessary by City to inspect said building or any portion thereof and equipment and fixtures located therein. (b) In conducting said businesses, all food and beverage products sold shall be of uniform high quality; Licensee shall be limited to the sale of light foods and sandwiches, soft drinks, coffee, ice cream and ice cream products, cigars, cigarettes and tobaccoes, candies, chewing gum, items of fishing tackle such as rods, reels, lines, hooks, weights, leaders, and bait buckets, and any other items of fishing tackle reasonably related to pier fish- ing, and the sale of live baits (c) The rental of any item of merchandise, the sale of which is specifically permitted herein, and the sale or rental of any item not herein specifically permitted, shall first require the approval of the City and the City reserves the right to res- cind its approval of any item whenever it deems the sale or rental of any such item objectionable or beyond the scope of merchandise deemed necessary for proper service to the public. (d) Licensee understands that the volume of busi- ness 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. 2. Notwithstanding the uncertainties involved, Licensee shall supply the demand as it arises and maintain an adequate supply of labor, food, beverages, and equipment to do so. The hours and days that Licensee operates said businesses shall be fixed by Licensee, but, in the event the City determines that the interests of the public require that said businesses be in operation during certain speci- fied hours and days, Licensee agrees to operate said businesses during such hours and days. (e) Licensee shall not place or allow any signs, placards, or advertising matter to be attached to the building or elsewhere prior written consent of City and the such conditions as may be attached to placed on said building or pier shall request by City. 2. Prices. placed or maintained on or on the pier without the a only in accordance with such approval. Any signs be removed promptly upon (a) Prices shall be fixed by Licensee but may not be in excess of prevailing prices in the City of Newport beach for similar items, 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 Licensee. Licensee shall post the prices for food and beverage products on or within the business portion of the building at a location where such prices can be plainly seen by the public. (b) Whenever requested by City, Licensee shall file with City a written schedule of prices being charged for items being sold or rented to the public by Licensee. Licensee shall not be permitted to establish any system of prepayment by the public for live bait, whether it be by the issuance of tickets or any other device; without first securing the approval of City, and.then only in accordance with such conditions as may be attached to such approval. 3. 3. Fixtures and Equipment. Licensee shall furnish and maintain in good condition and repair to the satisfaction of City the necessary fixtures and equipment for the operation of the businesses and shall, as neces- sary, replace any such fixtures and equipment. 4. Maintenance and Repairs. (a) Licensee shall completely maintain the exterior and interior of the building in good condition and repair to the satisfaction of City. Such maintenance shall include structural maintenance of interior partitions, interior painting, painting of the exterior at least once a year in such color or colors as.are selected by City, replacement of glass in the solarium windows, and the maintenance of two benches in the public area in the solarium when installed by City for the use of the public. (b) Licensee shall.not make any structural changes, alterations, or additions to the building without the prior written consent of City. (c) It is understood and agreed that City need not replace the building, the pier, or any part thereof, or any City equipment that may be used in connection with Licensee's operations in case the same should be destroyed by fire, accident, catastrophe or other cause. Should the building, pier, or said equipment be so destroyed or damaged to the extent Licensee finds it uneconomical to repair the same and continue to operate the businesses, Licensee may terminate this agreement by giving thirty (30) days' written notice to the City, If any damage or destruction should occur and Licensee undertakes the repair of said building, pier, or facili- ties, Licensee's obligation to pay rent shall be suspended for the period of time said business operations are completely and neces- sarily suspended, but not to exceed ninety (90) days° 5. Utilities and Sewerage. (a) Newport Beach water is available to the building on the pier. Licensee shall be entitled to water service under the same terms as any other occupant of premises in the City and shall 4 pay the same fees, rate or rates as any other occupant. (b) Newport Beach sewer service is not available to the building on the pier. Licensee shall provide and maintain at its sole cost and expense any chemical toilets and other appurtenant equipment for sewage disposal required by the County Health Depart- ment in the operation of the businesses. (c) Licensee shall make arrangements for such other utility services as are necessary for the operation of the businesses, and shall promptly pay all charges for utilities when due. 6. Vehicles. Licensee shall permit only one vehicle owned and operated by Licensee or employees of Licensee on the pier at any one time serving the businesses of Licensee and for no other purpose, and Licensee shall take reasonable steps to prevent vendors from driving vehicles on the pier. 7. Building and Pier Area. (a) Unless otherwise designated by City, Licensee shall open and make available for the use of the public during the daylight hours of every day and close and lock every evening through- out the term of this license agreement the public area in the solar - ium,.being the area shaded yellow and designated as "public area" on Exhibit "A ". City reserves the right to require, and at the request of Licensee may permit, Licensee to close and lock said public area at any time during the term of this agreement whenever the City de- termines that such closing will not thereby prejudice the interest and convenience of the public in it$.use of the pier. Licensee shall keep the building, including.,the public area in the solarium, and the entire deck of the pier in a clean condition at all times. (b) No merchandise, fixtures, equipment or personal property shall be displayed, stored or located within said public area at any time without first securing the approval of City. Fish- ing tackle e, however, may be vended from,the business portion of the solarium to the public in said public area. Regardless of its pur- pose, no alteration, addition, or structural change shall be made to the solarium without the prior written consent of City. 5. 8. Gross Receipts. (a) The term "gross receipts ", wherever used in this agreement, is intended to and shall mean all monies., property or any other thing of value received by Licensee through the operation of said businesses 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 Licensee or deposits made with Licensee to guarantee the return of rental equipment. (b) Licensee shall maintain and use cash registers 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 representativp of City. Copies of all tape shall be retained by Licensee during the term of this agreement and for a period of two (Z) years thereafter. If any dispute exists at the end of such two years concerning gross receipts, Licensee shall not destroy such tape or any part thereof without the written consent of City. Both the registers an the tapes shall be subject to inspection and review by City upon request at any time during business hours. City shall request inspection or review at such times as will not unnecessarily in- terfere with Licensee's business operation. (c) All payments shall be to the City at the office of the Director of Finance in•the City Ball. 9. Books of Account. Y Licensee agrees to keep books of account in connection with the operation of said businesses 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' ,l 6. at the beginning or end of the agreement, unless a different report- ing period has been approved by City, Licensee 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. 10. Assignment. This license agreement shall not be sold, assigned, trans- ferred, mortgaged, pledged or hypothecated by Licensee without the prior written consent of City, nor shall Licensee sublet the premises or any part thereof or permit the same to be occupied by any other person whomsoever without the prior written approval of City first had and obtained. 11. Automatic Termination. In the event of voluntary or involuntary bankruptcy or insolvency of Licensee, said bankruptcy or insolvency shall auto- matically terminate this license and it shall not become an asset of Licensee or any referee.or assignee in such insolvency or bank- ruptcy proceeding. 12. Independent Contractor. City shall have no interest in the operation of the lunch. stand or live bait concession and shall not be responsible for any injury,or damage to the person or property of Licensee suffered or sustained in the operation of the lunch stand or live bait con- cession. It is understood and agreed that Licensee operates both the lunch stand and the live bait concession as an independent contractor. 13. Public Liability Insurance. (a) Licensee agrees to hold harmless and indemnify City against any and all claims, losses or liability on account of any injury, loss or damage to persons or property claimed, suffered or sustained in or around the premises where the lunch stand and live bait.concession are conducted, by reason of the operation, use or occupancy of the pier by Licensee. Licensee further agrees to maintain at all times throughout the term of this license agreement 7. public liability insurance in the amount of $500,000 for injury to one person, $1,000,000 for injuries in one accident, and $100,000 for property damage, in which policy or policies of insurance City shall be named as an additional assured. (b) Said policy or policies shall contain an endorse- ment 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 satisfactory 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. 14. Compliance with all Laws. Licensee agrees to operate the businesses for the term of this agreement and to comply with all laws, rues and regula- tions of the City of Newport Beach, State of California, and the Federal Government in his occupancy of and the operation and conduct of his businesses on said pier. 15. Termination. It is understood and agreed that the City Council may, upon thirty (30) days' written notice, terminate this license agree- ment for any reason. Licensee may terminate for any reason upon giving sixty (60) days' written notice to the City. Upon termina- tion, all rights of Licensee shall end and Licensee shall within thirty (30) days after the date of termination remove all equipment and materials belonging to him and, in the event he fails to do so, all equipment and materials remaining shall be deemed abandoned by him and shall become the property of City, with full power and authority to control, use or dispose of the same. ry In case of termination, Licensee shall have no obligation to pay rent for any time subsequent to the date of termination. 16. Administration of Contract. For the purp6ses'of the administration of this license agreement by the City, "City" shall mean the City Manager and any officer and employee of the City of Newport Beach authorized by Ucanaeewia 9diaaaxis fled with any action or decision of the City, Licensee may take the matter to the City Council.for review. The decision by the City Council is final. IN WITNESS WHEREOF, the parties have executed this agree- meet as of the date first above written. CITY OF NEWPORT BEACH By Mayor ATTEST. By City er CITY LICENSEE 9. .�; ; r ,- 1 - J :� -yy ;�W AFFIDAVIT OF PUBLICATION Newport Harbor ENSIGN STATE OF CALIFORNIA 2 ss. County of Orange f :- .'0 !................... ....__.._...., being first I, ................... .. duly sworn, and on oath depose and say that I am the printer and publisher of the Newport Harbor Ensign, a weekly newspaper printed and published in the City of Newport Beach, County of Orange, State of California, and that the ..... :._Q.t1C`_-' .riVl_tin-_' _ roO,.o �,l' of which copy attached hereto is a true and complete copy, was printed and published in the regular issue(s) of said newspaper, and not in a supplement, .....�_...... consecu- tive times: to -wit the issue(s) of nr. 12 <r,,: 10. 1061 (Signed) ...... � --- 4'--'�' :---.:---- Subscribed and sworn to before me this.... !_ h ... day of ............... ." ........ 19._x'........ l�. ...... ... � { ... ,,,.. r,: Notary Public in and for the County of Orange, State of California. My -0":5510N E %Pill Ei NOV. 3J, 1963. NOTICE INVITING NOTICE is BERBi that the City. of New will receive :sealed p 'the office of Ahe Cft the City :Hail;. " Boulevard, Newport B forma, until= :10-&n% January A 1961; -.for tion of a lunch titan baft concession in a the building locatdd:;l -boa Pier inthe-6tty. ty, California:[='.3:.,;;'-_. Persons wishfng'tdsubmit pre- posals must obtatn torn"AhA a -0 for fronathe City Clerk-,-`._: Dated :_ January MARGERY SCIfB6UbElB,. . City Clerk of the City:of Newport waeh..: AFFIDAVIT OF PUBLICATION Newport Harbor ENSIGN STATE OF CALIFORNIA County of Orange f 1 r.[t .. =.. • ..,`: ?F ti.nr.._........_......., being first duly sworn, and on oath depose and say that I am the printer and publisher of the Newport Harbor Ensign, a weekly newspaper printed and published in the City of Newport Beach, County of Orange, State of California, and that the .... Ot.:'.-.C.:':....:'_1"1sy_ ............. ......... .................................. . ............................... of which copy attached hereto is a true and complete copy, was printed and published in the regular issue(s) of said newspaper, and not in a supplement, - - - -- consecu- tive times: to -wit the issue(s) of �c . 1'... &II(ft r 2. 1' oC (Signed) .... wtt m.... - ---- Subscribed and sworn to before me this.;'.!_;1 f;....day of : ,!. : r 19 60 Notary Public in and for the County of Orange, State of California. 'J,Y E %F;:2, � :env. 3J, 1" 6J, NOTICE INVITING PROPOSALS NOTICE IS HEREBY GIVEN that the City of Newport. Beach will.receive sealed,proposals.in. the office of the City Clerk at the City .Mall, 3300 Newport : Boulevard," Newport Beach, CAWornia,- ;;until 10 a.m. on Thursday; December 29, 1960, for the operation of a lunch stand and live bait conces- sion in a portion of the building located on the Balboa' Pier in the City of Newport Beach, located, in Orange Coun ornia. Persons submit pro-_ posals m tv.:therefor from at a cost of. Dated: December 12, 1960. � ;Margery Schrouder, City Clerk of the City of Newpajogach I 1 -31 -61 Kirk's official proposal given to City Manager by City Clerk. Checks of Kirk and Farnsworth are in the Resolution file. e ,? v PERSONS OBTG PROPOSAL FORMS FOR LICENSE AGREEMENT FOR THE OPERATION OF THE LUNCH STAND AND LIVE BAIT CONCESSION ON BALBOA PIER - Sealed proposals to be received by the City Clerk ,until 10:00 A.M. on Friday, January 20, 1961- f John C. Kirk - 1004 Oak Street, Costa Mesa `< on Jan ar 7 12, 1961 B. J. Stansbury, 1751 Tradewinds Lane, A.B. rz nuary 13, Otto W. Siebert - 2165A Charle Drive, Costa Mesa - By__L W, January -1 1,961 Bill Talbott, 7108 W. Ocean Front, Newport Beach - PAID $.200 - 1 -16 -61 Gaylord Munson, Box 785, Capistnano Beacv -- �', Kenneth O. Farnsworth - 1019 West Bay Avenue, N. B. By /jJ- uary 16, 1961 Don Brown, 216 East Ocean Front, Balboa Januar `i , 19bl d 0 � �._A YN... \�-cP� J cCJ1,- C,v'C(' '1 l 0 8 \nJ e...l- C�•' c.�' t-., i '�.- r...vl- , �+1.2�..ye�.v� l � - < -��. � lCa��.cw..e7 .fo F /tL '0' o" 14 itv Itf- 'm cw� 0- � _ .1 _ 1, 6 i '1 � �: 1� INDIVIDUALS WHO HAVE PREVIOUSLY`PAID $Z RE LICENSE- AGREEMENT FOR THE OPERATION OF THE LUNCH STAND AND LIVE BAIT CONCESSION ON BALBOA PIER: Don Brown 216 East Ocean Front, Balboa YKenneth O. Farnsworth - 1010- West Bay Avenue, Newport Beach John C. Kirk - 1004 Oak Street, Costa Mesa fGaylordMunson - Box 785, Capistrano Beach Otto W. Siebert 2165A Charld Drive, Costa Mesa B. J. Stansbury 1751 Tradewinds Lane, Newport Beach Leonard Steadharn - 683 Capitol Street, Costa Mesa LEGAL NOTICE NOTICE INVITING PROPOSALS NOTICE IS HE'RBEY GIVEN that the City of Newport Beach will receive sealed proposals in the office of the City Clerk at the City Hall, 3300 Newport Boulevard, Newport Beach, Cali- fornia, until 10 a.m. on Friday, January 20, 1961, for the opera- tion of a lunch stand and live bait concession in a portion of the building located on the Bal. boa Pier in the City of Newport Beach, located in Orange Coun- ty, -California. Persons wishing to submit pro- posals must obtain forms there- for from the City Clerk. Dated: January 10, 1961 MARGERY SCHROUDER, Citv Clerk of the City of Newport Beach #1- INSTRUCTIONS 1�LIVERING EMPLOTEE -- Deliver ONLY to +_ ow addddressee El dShlivereed ress where (Additional ebarges required for these services) ` RETURN RECEIPT Received the numbered article described on oeiter.side:, ` FL 5!GN: TURE OR NAME OF ADDRESSEE (mozl vlwoy:. bo filtod inl J - -� ` IGNATURE OF - ODRESSEE3 AGENT, IF ANY I i DST.. VERED A RE55 WHERE DEtIVE my if req esW i'a tN�gF'tj, 1 1 ��r I- INSTRUCTIONS T LIVERIMEMPLOYEE- I Deliver ONLY tc Show address where 1 iddressee 11 delivered Idddi!ianat charger required far there services) } RETURN RECEIPT 1 Received the numbered article described oo other side. SIGNATURE OR N f ADDRESSEE (mutt always 6e fil )_-- 5 N URE Of ADDRE SEE'S AGENT, If ANY I DATE DELIVERED ADDRESS WHERE DEIVERED (only Ii veauesled in item g1) f January 12, 1961 Mr. John C. Kirk 1004 Oak Street Costa Mesa, California Dear Mr. Kirk: You were among those who paid $2 to receive' -•- proposal forms in regard to obtaining a license agreement for the operation of the lunch stand and live bait concession on Balboa Pier. This is to inform you that the proposals received on December 29, 1960, were rejected by the Council and a new proposal form was authorized on January 9, 1961. Notice i6viting proposals under the new form is being published in the Newport Harbor Ensign on January 12, 1961. You will be able to obtain a copy of the new proposal form without paying an additional $2. The forms are now available for the sealed proposals to be received by the City Clerk until 10:00 A. M, on Friday, January 20, 1961. If you wish to submit a proposal, you may obtain the form therefor from me at my office in the City Flail. Very truly yours, Margery Schrouder City Clerk City of Newport Beach MS: em l i • January 12, 1961 Mr. Otto W. Siebert 2165A Ch,atle Drive Costa Masai' California Dear Mr. Siebert: You were among those who paid $2 to receive proposal forms in regard to obtaining a license agreement for the operation of the lunch stand and live bait concession on Balboa Pier. This is to inform you that the proposals received on December 29, 1960. were rejected by the Council and a new proposal form was authorized on January 9. 1961. Notice inviting proposals under the new form is being published in the Newport Harbor Ensign on January 12, 1961. You will be able to •obtain a copy of the new proposal form without paying an additional $2. The forms are now available for the sealed proposals to be received by the City Clerk until 10:00 A.M. on Friday, January 20. 1961. If you wish to submit a proposal, you may obtain the form therefor from me at my office in the City Hall. MS: em t Very truly yours, Margery Schrouder City Clerk City of Newport Beach 0 Mr. Gaylord Munson Box 785 Capistrano Beach, California Dear Mr. Munson: 6 January 12, 1961 0 You were among those who paid $2 to receive proposal forme in regard to obtaining a license agreement for the operation of the lunch stand and live bait concession on Balboa Pier. This is to inform you that the proposals received on December 29, 1960, were rejected by the Council and a new proposal form was authorized on January 9, 1961. Notice inviting propo"Is under the new form is being published in the Newport Harbor Ensign on January 12. 1961. You will be able to obtain a copy of the new proposal form without paying an additional $2. The forms are now available for the sealed proposals to be received by the City Clerk until 10:00 A.M. on Friday, January 20, 1961. If you wish to submit a proposal, you may obtain the form therefor from me at my office in the City Hall. MS:em Very truly yours, Margery Schrouder City Clerk City of Newport Beach '` L • January 12, 1961 Mr. Don Brown 216 East Ocean Front Balboa, California Dear Mr. Brown: You were among those who paid $2 to receive proposal: forme in regard to obtaining a license agreement for the operation of the lunch stand and live bait concession on Balboa Pier. This is to inform you that the proposals received on December 29, 1960, were rejected by the Council and a new proposal form was authorized on January 9, 1961. Notice inviting proposals under the new form is being published in the Newport Harbor.,Ensign on January 12,- 1961. You will be able to obtain a copy of the new proposal form without paying an additional $2. The forms are now available for the sealed proposals to be received by the City Clerk until 10:00 A. M, on Friday, January 20, 1961. If you wish to submit a proposal, you may obtain the form therefor from me at my office in the City Hall. Very truly yours, Margery Schrouder City Clerk City of Newport Beach MS:em �W' January 12, 1961 Mr. Kenneth O. Farnsworth 1019 Weft say Avenue Newport Beach, California Dear Mr. Farnsworth: You were among those who paid $2 to receive proposal forms in regard to obtaining a license agreement for the operation of the lunch stand and live bait concession on Balboa Pier. This is to inform you that the proposals received on December 29, 1960, wore rejected by the Council and a new proposal form was authorised on January 9, 1961. Notice inviting proposals under the new form is being published in the Newport Harbor Ensign on January 12, 1961. You will be able to obtain a copy of the new proposal form without paying an additional $2. The forms are now available for the sealed proposals to be received by the City Clerk._. until 10:00 A.M. on Friday, January 20, 1961. If you wish to submit a proposal, you may obtain the form therefor from me at my office in the City Hall. Very truly yours, Margery Schrouder City Clerk City of Newport Beach MS: em Mr. Leonard Steadham 683 Capitol Street Costa Mesa, California Dear Mr. Steadham: January 12, 1961 You were among those who paid $2 to receive proposal forms in regard to obtaining a license agreement for the operation of the lunch stand and live bait concession on Balboa Pier. This is to inform you that the proposals received on December 29, 1960, were rejected by the Council and a new proposal form was authorized on January 9, 1961. Notice inviting proposals under the new form is being published in the Newport Harbor Ensign on .January 12, 1961. You will be able to obtain a copy of the new proposal form without paying an additional $2. The forms are now available for the sealed proposals to be received by the City Clerk until 10 :00 A. M, on Friday, January 20, 1961. If you wish to submit a proposal, you may obtain the form therefor from me at my office in the City Hall. Very truly yours, Margery Schrouder City Clerk City of Newport Beach MS: em i Mr. Otto W. Siebert Route 5, Box 304 Stockton, California ;c,�..k. Dear Mr. Siebert-- • January 12, 1961 �....� J, A" I I t You were among those who paid $2 to receive proposal forms in regard to obtaining a license agreement for the operation of the lunch stand and live bait concession on Balboa Pier. This is to inform you that the proposals received on December 29, 1960, were rejected by the Council and a new proposal form was authorized on January 9. 1961. Notice inviting proposals under the -new form is being published in the Newport Harbor Ensign on January 12, 1961. You will be able to obtain a copy of the new proposal form without paying an additional $2. The forms are now available for the sealed proposals to be received by the City Clerk until 10:00 A.M. on Friday. January 20, 1961. U you wish to submit a proposal, you may obtain the: form therefor from me at my office in the City Hall. Very truly yours, Margery Schrouder City Clerk City of Newport Beach MS: em Eo 0 0 January 12, 1961 Mr. Vincent Cusumano 6800 Coast Highway Newport Beach, California Dear Air. Cusumano: You evidenced an interest in obtaining a license agreement for the operation of the lunch stand and live bait concession on Balboa Pier. This is to inform you that the proposals received on December 29, 1960, were rejected by the Council and a new proposal form was authorised on January 9, 1961. Notice inviting proposals under the new form is being published in the Newport Harbor Ensign on January 12. 1961. The forms are now available for the sealed proposals to be received by the City Clerk until 10:00 A.M. on Friday, January 20, 1961. If you wish to submit a proposal, you may obtain the form therefor from me at my office in the City Hail. Very truly yours, Margery Schrouder City Clerk City of Newport Beach MS:em 7 Mr. Bill Talbott 7108 West Ocean Front Newport Beach, California Dear Mr. Talbott: '7anuary 12, 1961 You evidenced an interest in obtaining a license . agreement for the operation of the lunch stand and live bait concession on Balboa Pier. This is to inform you that the proposals received on December 29, 1960, were rejected by the Council and a new proposal form was authorised on January 9, 1961. Notice inviting proposals under the new form is being published in the Newport Harbor Ensign on January 12, 1961. The forms are now available for the sealed proposals to be received b; the City Clerk until 10 :00 A. M. on Friday, January 20, 1961. U you wish to submit a proposal, you may obtain the form therefor from me at my office in the City Han. Very truly yours, Margery Schrouder City Clerk City of Newport Beach MS: em Mr. Allen Milligan 560 North Acacia Rialto, California Dear Mr. Milligan: You evidenced an interest in obtaining a license agreement for the operation of the lunch stand and live bait concession on Balboa Pier. This is to inform you that the proposals received on December 29, 1960, were rejected by the Council and a now proposal form was authorized on January 9, 1961. Notice inviting proposals under the new form is being published in the Newport Harbor Ensign on January 12. 1961. The forms are new available for the sealed proposals to be received by the City Clerk_ .. until 10 :00 A.M. on Friday, January 20, 1961. If you wish to submit a proposal, you may obtain the form therefor from me at my office in the City Hall. Very truly yours, Margery Schrouder City Clerk City of Newport Beach MS:em CITY OF NEWPORT BEACH CITY ATTORNEY DEPARTMENT To: City Clerk January 11, 1961 From: City Attorney Subject: Lunch stand and live bait concession, Balboa Pier Attached are fourteen complete copies of notice to prospective licensees, special provisions and conditions, proposal to the City of Newport Beach, and license agreement for operation of lunch stand and live bait concession on Balboa Pier, to be distributed by your office at no cost to those persons desiring to submit proposals. The notice inviting proposals to be published this week in the Ensign has been given to Mr. Haapa over the phone. The forms attached hereto and the notice to be published call for sealed proposals to be received in the office of the City Clerk until 10 o'clock A. M. on Friday, January 20, 1961. It is our understanding that approximately six persons secured forms when this concession was previously advertised for bid. Such persons and any other persons who have indicated any interest in submitting proposals should be notified that the attached forms are available and that proposals will be received by the City until 10 o'clock A. M. on Friday, January 20. The significant differences between the attached forms and the forms used for the previous advertising for bids are as follows: 1. The term of the license agreement has been changed from three to five years. 2. The business area within the building has been expanded to include a part of the solarium for the vending of fishing tackle 3. Maintenance of the building has been expanded to include main- tenance of two benches in the public area in the solarium if the City should install such benches. 0 0 To: City Clerk -2- January 11, 1961 The Council Committee consisting of Councilman Somers as chairman and Councilman Hart will evaluate the proposals after the deadline for receiving such proposals has passed. JHR:mec Encs. cc - City Manager Councilman Somers Councilman Hart Walter W. Charamza City Attorney.-�— tee.. ... ..�...,.�.. istant City Attorney L January 11, 1961 Mr.::ytd Mrs. Kenneth O. Farnsworth 1019 West Bay Avenue Newport Beach„ California Dear Mr. and Mrs. Farnsworth: The Council, on January 9, rejected both the bids received for the license agreement for the operation of the lunch stand and live bait concession on Balboa Pier, and authorized me to return to the bidders the deposits made with the bids. I am attaching hereto Cashier's Check No. 37 3486, drawn on the Bank of America, Balboa Branch, payable to the City of Newport Beach, in the amount of $200. The Council directed that the proposal form be redrafted in accordance with recommendations of the Committee. New forms will be available for the submission of bids very shortly. The bids are to be received by me on January 20, to be considered by the Council on January 23. Further information will be available when the forms are prepared, which will be within a few days. Very truly yours, Margery Schrouder City Clerk City of Newport Beach MS:em Att. i 6 1 4 CERTIFIED MAIL January 11, 1961 Mr. J. C. Kirk 1004 Oak Street Costa Mesa, California Dear Mr. Kirk: The Council, on.January 9, rejected both the bids received for the license agreement for the operation of the lunch stand and live bait concession on Balboa Pier, and authorised me to return to the bidders the deposits made with the bids. I am attaching hereto Cashier's Check No. 37 3475, drawn on the Bank of America, Balboa Branch, payable to the City of Newport Beach, in the amount of $200. The Council directed that the proposal form be redrafted in accordance with recommendations of the Committee. New forms will be available for the submission of bids very shortly. The bids are to be received by me on January 20, to be considered by the Council on January 23. Further information will be gvsilAbla.. n the forms are prepared, which will be wfih�Ya s I fi*` Very truly yours, Margery Schrouder City Clerk City of Newport Beach MS:em Att. i JHR:mec 1/10/61 (6) Copy given to Haapa on January 10 for • public Gpn. Copy posted on bulletin board. NOTICE INVITING PROPOSALS NOTICE IS HEREBY GIVEN that the City of Newport Beach will receive sealed proposals in the office of the City Clerk at the City Hall, 3300 Newport Boulevard, Newport Beach, California, until 10 A. M. on Friday, January 20, 1961, for the operation of a lunch stand and live bait concession in a portion of the building located on the Balboa Pier in the City of Newport Beach, located in Orange Country, California. Persons wishing to submit proposals must obtain forms therefor from the City Cleric. Dated: January 10, 1961. Margery Schrou er, City Clerk of the City of Newport Beach JHR ac 1/10/61 (6) 0 0 WrICE IS HEREBY GIVEN that the City of Newport Beach will receive sealed proposals in the office of the City Clerk at the City Hall, 3300 Newport Boulevard. Newport Beach, California. until 10 A. M. on Friday, January 20, 1%18 for the operation of a lunch stand and live bait concession in a portion of the building located on the Balboa Pier in the City of Newport Beach, located in Orange County, California. Persons wishing to submit proposals must obtain forms therefor from the City Clerk. Dated: January 10, 1961. rgeryii Schrouder, CIty CleR of the City of Newport Beach 0 1JHR IlOjt1 (6) 0.!9'r' 0 NOTICE IS 1ERRBY at11i11 that the City of Newport 3"Gh will receive sealed proposals in the office of the City Clerk at the City Hail, 3300 Newport Boulevard, Newport B"Ah. California, until 10 A. M. on Friday, January 20. 1%1, for the operation of a lunch stand and live bait concession in a portion of the building located on the Balboa Pier in the City of Newport Beach, located in Orange County, California. Persons wishing to submit proposals swat obtain forsr therefor from the City Clerk. Dated: January 10, 1961. rgery Schrouder, Ulty GLWK of the City of Newport Beach M,101 (6) NOTICS IS HUMBY GIVEN that the City of Newport Beach will receive sealed proposals in the office of the City Clank at the City Hall, 3300 Newport Boulavard, Newport Beach„ California, until 10 A. M. on Triday, January 20, 1561, for the operation of a lunch stand and live bait cegsawion in a portion of the building located an the Balboa Pier in the City of Newport Basch,, located in Orange County, California. Persona wishing to submit proposals not obtains forme therefor from the City Clerk. Bated: January 10, 1%1. rgery Schroudeir, City cl� of the City of Newport Beach 0 • :pC• ` �LZ f� L -� -L< ' a a1 - r FILU W W a f� I f �•. t JHR :mec 12/13/60 CITY OF NEWPORT BEACH NOTICE TO PROSPECTIVE LICENSEES SPECIAL PROVISIONS AND CONDITIONS PROPOSAL TO CITY OF NEWPORT BEACH AND LICENSE AGREEMENT FOR OPERATION OF LUNCH STAND AND LIVE BAIT CONCESSION ON BALBOA PIER AT NEWPORT BEACH, CALIFORNIA NOTICE TO PROSPECTIVE LICENSEES: Proposals shall be plainly marked on outside of sealed envelope: "Proposal for operation of lunch stand and live bait concession on the Balboa Pier, Newport Beach, California." JHR:mec 12/13/60 CITY OF NEWPORT BEACH NOTICE TO PROSPECTIVE LICENSEES 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, December 29, 1960, for the operation of a lunch stand and live bait concession in a portion of the building located on the Balboa Pier, which said pier is located in the City of Newport Beach and extends into and over the waters of the Pacific Ocean at the extension of Main Street, in accordance with the attached conditions, proposal and contract form. Each prospective licensee seeking to submit a proposal must pay the sum of $2.00 for the proposal forms and the agreement form. No proposal will be considered unless it is made substan- tially 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 informalities therein. The award of the license, if it is awarded, will be to a person submitting a proposal which complies with the requirements prescribed herein and who is selected by the City Council as the best qualified operator for the license. Although of substantial importance in making the award, the monetary return to the City will not be the sole criterion in awarding the license. The City Council shall be the sole judge in determining who shall be granted the license and may refer all proposals to a committee or commission for evaluation and recommendation. Within thirty (30) days after the award of the license, 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. 1. CITY OF NEWPORT BEACH LICENSE TO OPERATE LUNCH STAND AND LIVE BAIT CONCESSION ON.BALBOA PIER SPECIAL PROVISIONS AND CONDITIONS 1. Proposal Requirements and Conditions* All proposals must be presented under sealed cover and shall be accompanied by cash, cashier's check, certified check, or money order made payable to the City of Newport Beach in the amount of Two Hundred Dollars ($200.00) as a guarantee that if the proposal is accepted the person making the proposal will execute the license agreement, and no proposal shall be considered unless accompanied by the amount required herein. Any proposal may be withdrawn at any time prior to the final time fixed for receiving the proposals provided a request for withdrawal is made in writing, executed by the proponent or his authorized representative, and filed with the City Clerk. The with- drawal of a proposal shall not prejudice that person with respect to filing a new proposal. Persons submitting a proposal must file along with the proposal a separate statement setting forth the estimated cost of rehabilitating the building and providing the necessary fixtures and equipment, the assets that are available therefor, and, if such assets are not available, the method by which funds to meet the estimated costs are to be secured. Each person submitting a proposal shall carefully examine the building in which the businesses of lunch stand and live bait concession are to be operated and the Balboa Pier on which said building is located and shall carefully examine these provisions and conditions, the proposal form, and the form of the license agree- ment attached hereto. In examining and evaluating the proposals, it will be assumed that each person submitting a proposal has investi- gated and has become informed as to the character, quality, and quantities of work or acts to be performed by the licensee and as 2. M M • 1 to the requirements of these provisions, conditions, and the license agreement attached hereto. 2. Term of Licensee The term of the license agreement shall begin upon the date of execution (probably in February, 1961) and shall end on December 31, 1963, unless terminated sooner as provided therein. 3. License Privileges and Requirements- The license, privilege, and right to be granted will be to operate a lunch stand and live bait concession. The sale of any item of merchandise not specifically permitted by the license agree- ment is prohibited unless the approval of the City is first obtained. Unimpaired use of the solarium in the building and the deck of the pier by the public is to be maintained throughout the term of the license agreement. Licensee must completely maintain the exterior and interior of the building, and shall make the initial installation and replace- went of glass in the solarium windows. City will reopen the solarium and place the window frames therein in condition for such installs- tion of glass by Licensee. All proposals are to be made on the basis of a guaranteed monthly payment payable on the first day of each month during the term of the license. Proposals shall also provide for a percentage of the total gross receipts to be used as follows- In the event said percentage of the total gross receipts in any calendar year is larger than the sum total of guaranteed monthly payments for such calendar year, a sum equal to the difference shall be paid to the City within forty -five (45) days after the end of such calendar year. 4. Additional Terms. Prospective licensees are referred to the contract form attached hereto for additional specific requirements of the license agreement, and to the diagram of the building attached thereto and marked Exhibit "A" for the business and solarium areas in the building. 3. 0 PROPOSAL TO THE CITY OF NEWPORT BEACH FOR THE LUNCH STAND AND.LIVE BAIT CONCESSION AT THE BALBOA PIER The undersigned makes the following proposal to the City of Newport Beach for the operation of the lunch stand and live bait concession in the building located on the Balboa Pier in the City of Newport'Beach, California: NAME John Charles Kirk BUSINESS ADDRESS Balboa Pier Concession, Balboa Pier, .Balboa, Calif. RESIDENCE ADDRESS 1004 Oak Street, Costa kesa, California Unlisted BUSINESS PHONE N0, OR 3 -0911 RESIDENCE PHONE NO. b�1_ � wps 6 -1309 and, if awarded the license, agrees to execute the form of agreement attached and operate the businesses of lunch stand and live bait 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 building and pier on which said building is located, 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 businesses of lunch stand and live bait concession in accordance with its terms and to do any and all other acts to fulfill the re- quirements thereof; that during the term said license agreement is in effect I (we) will pay therefor the following sums to the City of Newport Beach, to wit: From the date of execution through December 31, 1963, a guaranteed monthly payment of $100.00 , payable in advance. on the first day of each month, and, in the event five per cent ( $ %) of the total gross receipts in any calendar year during such,term shall be larger than 4. the sum total of guaranteed monthly payments for such calendar year, a sum equal to the difference payable within forty -five (45) days after the end of such calendar year. If the undersigned fails to execute the license agreement 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 accom- panying this proposal shall be forfeited and the same shall be the property of the City. Accompanying this proposal is Two Hundred Dollars ($200.00) "Cashltris Check" (insert the words "Cash ", "Cashier's Check ", "Certified Check ", or "Money Order ") as a guarantee that, if the proposal is accepted, the undersigned will execute the license agree- ment. 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 part- ners; 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 BUSINESS ADDRESS PRINCIPAL PLACE OF BUSINESS IN CALIFORNIA BUSINESS TELEPHONE NO. R'EgnMNCE ADDRESS RESIDENCE TELEPHONE NO. HOME OWNERSHIP? YES NO DATE OF BIRTH PLACE OF BIRTH MARITAL STATUS 5. 0 LIST IN ORDER, STARTING WITH THE MOST RECENT, THE FOLLOWING INFORMA- TION ON BUSINESSES IN WHICH YOU WERE EMPLOYED OR HAD AN INTEREST DURING THE PAST 15 YEARS: (Use additional sheets of,paper, if necessary.) Name of,tusiness Operater of Balboa Pier December, 1950 to Dates Present Address of business Balboa Pier, Balboa, California Type of business Balboa Fier Bait & Tackle & Cafe Interest or position Cperater and Leassee Number of employees average of Number supervised by you 4 Business Bank Balboa Branch, Bank of i-.mericag Balboa, California Annual gross last Annual Gross 423,732.97 If a service business, the maximum number served in a day If not still affiliated, reason for leaving Previous to the operation above. I owned and operated the Coffee Haven Cafe at LToFadden Place, Near Newpor Beach er, e =npor eac , -Lif. for 5 years. 8 years prior to this I was a Sportfisherman, operating HAVE YOU EVER BEEN ARRESTED? YES NO no my own boat. IF YES, STATE WHERE, WHEN, REASON, AND DISPOSITION OF MATTER DO YOU CONSENT TO BEING FINGERPRINTED? YES yes NO But you alread have them on file in the city. LIST FIVE CHARACTER REFERENCES: Name Address CM tate Monte R. Grimes 711 E. Bay .;ve., Balboa, California Don d. Gunderson Gunderson Druz Store, Balboa, California Larry Hegewald. Hegewald Iewlers, Balboa, Califo`i�nia H. hi. Holker C/O Bank of America, Balboa, California Roy Gronsky ;Balboa Pavilion, Balboa, California LIST FIVE CREDIT REFERENCES: Name, Address City tat; Bank of ;Lmerica Balboa Branoh, Balboa, California American V7holesale Co. Long Beach, California Dunn & Bradstreet. 610 So. Lain Street, Los Angeles, California Ted Pontine, Mfg. Costa Mesa, California Smart & Final o;holesale Co. Costa Less, California 6. STATE WHETHER YOU INTEND TO OPERATE THE BUSINESSES PERSONALLY. Yes I intend to operate the b IN THE FOLLOWING SPACE, OR ON ADDITIONAL PAPER, STATE THE REASONS YOU FEEL QUALIFIED TO CONDUCT THESE BUSINESSES AND SUPPLY ANY ADDITIONAL INFORMATION ABOVE YOURSELF, YOUR BUSINESSES, OR YOUR PLANS FOR THE CONDUCT OF THE LICENSED BUSINESSES WHICH YOU FEEL WILL BE HELPFUL TO THE CITY IN EVALUATING YOUR PROPOSAL -FOR THE OPERATION OF THE BUSINESSES ON THE BALBOA PIER: 1. My record in the operation of the Pier for the past 10 years should be a good recommendation. 2. That I be given the sale right to sell items so stated in the agreement. 3. That the Solarium room be used for sale of Fishing Tackle. 4. That I may be given an option at the end of 3 (three) year agreement. 5. The City should pay the water Bills as in the Past as 85% of water used is b;= the public. 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: December 23, , 1960. SIGNATURES o Charles Kiric Street Costs Mese, a ,orn a 7. JHR:mec 12/13/60 LICENSE AGREEMENT BALBOA PIER THIS LICENSE AGREEMENT is made and entered into this 1st. day of January , 1961, between the CITY OF NEWPORT BEACH, a municipal corporation, hereinafter referred to as "City ", and Jcrs. Charles Kirk , hereinafter referred to as "Licensee "; WHEREAS, the City is the owner and is in possession and control of a certain pier known as Balboa Pier located in the City t of Newport Beach which extends into and over the waters of the Pacific Ocean at the extension of Main Street, which pier is used by the general public for the purpose of fishing and other recrea- tion; and WHEREAS, it is the opinion of the City Council that it is advisable that the operation and maintenance of a lunch stand and live bait concession be permitted on said pier in the hereinafter designated portion of a building owned by City for the use and con- venience of the public and all persons using the pier for fishing and recreational purposes; NOW, THEREFORE, in consideration of the.payments herein- after specified and the faithful performance of the other covenants ' of this agreement' by Licensee, City hereby grants to Licensee a license, privilege and right of operating a lunch stand and live bait concession in that portion of the building on said pier shaded red and designated as "lunch stand and live bait concession" on the diagram attached hereto and marked Exhibit "A" for a term beginning on the Ist day of January 1961, and ending on the 31st day of December, 1963, for the guaranteed monthly pay - in advance ment of $100.00 which shall be payable /on the first day of each month during the.term of this license, and, in the event Hive per cent.(_%) of the total gross receipts in any calendar year during such term shall be larger than the sum total 1. a of guaranteed monthly payments for such calendar year, ,a sum equal to the difference shall be paid to the City within forty -five (45) days after the end of such calendar year. Said license and privilege herein granted are subject to the following terms, covenants, and conditions: 1. Scope. (a) Licensee agrees to assume said license and privilege hereby granted and to operate said businesses within the designated portion of said building 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 that is deemed necessary by City to inspect said building or any portion thereof and equipment and fixtures located therein. (b) In conducting said businesses, all food and beverage products sold shall be of uniform high quality; Licensee shall be limited to the sale of light foods and sandwiches, soft drinks, coffee, ice cream and ice cream products, cigars, cigarettes and tobaccoes, candies, chewing gum, items of fishing tackle such as rods, reels, lines, hooks, weights, leaders, and bait buckets, and any other items of fishing tackle reasonably related to pier fish- ing, and the sale of live bait. (c) The rental of any item of merchandise, the sale of which is specifically permitted herein, and the sale or rental of any item not herein specifically permitted, shall first require the approval of the City and the City reserves the right to res- cind its approval of any item whenever it deems the sale or rental of any such item objectionable or beyond the scope of merchandise deemed necessary for proper service to the public. (d) Licensee understands that the volume of busi- ness 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. 2. Notwithstanding the uncertainties involved, Licensee shall supply the demand as it arises and maintain an adequate supply of labor, food, beverages, and equipment to do so. The hours and days that Licensee operates said businesses shall be fixed by Licensee, but, in the event the City determines that the interests of the public require that said businesses be in operation during certain speci- fied hours and days, Licensee agrees to operate said businesses during such hours and days. (e) Licensee shall not place or allow any signs, placards, or advertising matter to be attached to the building or elsewhere prior written consent of City and the such conditions as may be attached to placed on said building or pier shall request by City. 2. Prices. placed or maintained on or on the pier without the a only in accordance with such approval. Any signs be removed promptly upon (a) Prices shall be fixed by Licensee but may not be in excess of prevailing prices in the City of Newport Beach for similar items, 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 Licensee. .Licensee shall post the prices for food and beverage products on or within the business portion of the building at a location where such prices can be plainly seen by the public. (b) Whenever requested by City, Licensee shall file with City a written schedule of prices being charged for items being sold or rented to the public by Licensee. Licensee shall not be permitted to establish any system of prepayment by the public for live bait, whether it be by the issuance of tickets or any other devices without first securing the.approval,of City, and.then only in. accordance with such conditions as may be attached to such approval. 3. �1 3. Fixtukes and Equipment. Licensee shall furnish.and maintain in good condition and repair to the satisfaction of City the necessary fixtures and equipment for the operation of the businesses and shall, as neces- sary, replace any such fixtures and equipment. 4. Maintenance and Repairs. (a) Licensee shall completely maintain the exterior and interior of the building in good condition and repair to the satisfaction of City and shall initially install and thereafter replace glass in the solarium windows. Such maintenance shall include structural maintenance of interior partitions, interior painting, and the painting of the exterior at least once a year in such color or colors as are selected by City. (b) Licensee shall not make any structural changes, alterations, or additions to the building without the prior written consent of City. (c). It is understood and agreed that City need not replace the building, the pier, or any part thereof, or any City equipment that may be used in connection with Licensee's operations in case the same should be destroyed by fire, accident, catastrophe or other cause. Should the building, pier, or said equipment be so destroyed or damaged to the extent Licensee finds it uneconomical to repair the same and continue to operate the businesses, Licensee may terminate this agreement by giving thirty (30) days' written notice to the City. If any damage or destruction should occur and Licensee undertakes the repair of said building, pier, or facilities, Licensee's obligation to pay rent shall be suspended for the period of time said business operations are completely and necessarily suspended, but not to exceed ninety (90) days. 5. Utilities and Sewerage. (a) Newport Beach water is available to the building on the pier. Licensee shall be entitled to water service under the 4. same terms as any other occupant of premises in the City and shall pay the same fees, rate or rates as any other occupant. (b) Newport Beach sewer service is not available to the building on the pier. Licensee shall provide and maintain at its sole cost and expense any chemical toilets and other appurtenant equipment for sewage disposal required by the County Health Depart- ment in the operation of the businesses. (c) Licensee shall make arrangements for such other utility services as are necessary for the operation of the businesses, and shall promptly pay all charges for utilities when due. 6. Vehicles. Licensee shall permit only one vehicle owned and operated by Licensee or employees of Licensee on the pier at any one time serving the businesses of Licensee and for no other purpose, and Licensee shall take reasonable steps to prevent vendors from driving vehicles on the pier. 7. Buildirnx and Pier Area. (a) Licensee shall keep the building, including the solarium, and the deck of the pier throughout its length in a clean condition at all times. (b) Unless otherwise designated by City, the solar- ium shall be open and available for the use 'of -the public during the daylight hours of every day and closed and locked every evening throughout the term of this license agreement. Licensee shall be responsible for opening the solarium every morning and closing and locking it in the evening. City reserves the right to require,and at the request of Licensee may permit, Licensee to close and lock the solarium at any time during the term of this agreement when- ever the City determines that such closing will not thereby prejudice the interest and convenience of the public in its use of the pier. 5. 8. Gross Receipts. (a) The term "gross receipts ", wherever used in this agreement, is intended to and shall mean all monies, property or any other thing of value received by Licensee through the operation of said businesses 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 Licensee or deposits made with Licensee to guarantee the return of rental equipment. (b) Licensee shall maintain and use cash registers 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 Licensee 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, Licensee 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 inspection or review at such times as will not unnecessarily in- terfere with Licensee's business operation. (c) All payments shall be to the City at the office of the Director of Finance in-the City Hall. 9. Books of Account. Licensee agrees to keep books of account in connection with the operation of said businesses 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' 6. • .. r at the beginning or end of the agreement, unless a different report- ing period has been approved by City, Lic_=6ee 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. 10. Assignment. This license agreement shall not be sold, assigned, trans- ferred, mortgaged, pledged or hypothecated by Licensee without the prior written consent of City,, nor shall Licensee sublet the premises or any part thereof or permit the same to be occupied by any other person whomsoever without the prior written approval of City first had and obtained. 11. Automatic Termination. In the event of voluntary or involuntary bankruptcy or insolvency of Licensee, said bankruptcy or insolvency shall auto- matically terminate this license and it shall not become an asset of Licensee or any referee or assignee in such insolvency or bank- ruptcy proceeding. 12. Independent Contractor. City shall have no interest in the operation of the lunch stand or live bait concession and shall not be responsible for any injury,or damage to the person or property of Licensee suffered or sustained in the operation of the lunch stand or live bait con- cession. It is understood and agreed that Licensee operates both the lunch stand and the live bait concession as an independent contractor. 13. Public Liability Insurance. (a) Licensee agrees to hold harmless and indemnify City against any and all claims, losses or liability on account of any injury, loss or damage to persons or property claimed, suffered or sustained in or around the premises where the lunch stand and live bait.concession are conducted, by reason of the operation, use or occupancy of the pier by Licensee. Licensee further agrees to maintain at all times throughout the term of this license agreement 7. v public liability insurance in the amount of $500,000 for injury to one person, $1,000,000 for injuries in one accident, and $100,000 for property damage, in which policy or policies of insurance City shall be named as an additional assured. (b) Said policy or policies shall contain an endorse- ment 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 satisfactory 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. 14. Compliance with all Laws. Licensee agrees to operate the businesses for the term of this agreement and to comply with all laws, rues and regula- tions of the City of Newport Beach, State of California, and the Federal Government in his occupancy of and the operation and conduct of his businesses on said pier. 15. Termi nation. it is understood and agreed that the City Council may, upon thirty (30) days' written notice, terminate this license agree- ment for any reason. Licensee may terminate for any reason upon giving sixty (60) days' written notice to the City. Upon termina- tion, all rights of Licensee shall end and Licensee shall within thirty (30) days after the date of termination remove all equipment and materials belonging to him and, in the event he fails to do so, all equipment and materials remaining shall be deemed abandoned by him and shall become the property of City, with full power and authority to control, use or dispose of the same. B. b In case of termination, Licensee shall have no obligation to pay rent for any time subsequent to the date of termination. 16. Administration of Contract. For the purposes of the administration of this license agreement by the City, "City" shall mean the City Manager and any bffitA- 1R#h9i°4*fiPW't6y6d** tft City ;of Newport Bd&h authorizedwVY `• him to administer the contract. If Licensee is dissatisfied with any action or decision of the City, Licensee may take the matter' to the City Council.for. review. The decision by the City Council is final. IN WITNESS WHEREOF, the parties have executed this agree- ment as of the date first above written. CITY OF NEWPORT BEACH By Mayor ATTEST: By City er CITY i ..n Charles X1rk LICENSEE 9. i r -i: ;_ . �� i r -i: ;_ . i PROPOSAL TO THE CITY OF NEWPORT BEACH FOR THE LUNCH STAND AND.LIVE BAIT CONCESSION AT THE BALBOA PIER The - undersigned makes the following proposal to the City of Newport Beach for the operation of the lunch stand and live bait concession in the building located on the Balboa Pier in the City of Newport,'Beach, NAME SIN ESS ADDRESS D /i(/� SIDENCE ADDRESS / aviJ ' BUSINESS PHONE NO. R ESIDENCE PHONE N0. and, if awarded the license, agrees to execute the form of agreement attached and operate the businesses of lunch stand and live bait 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 building and pier on which said building is located, 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 businesses of lunch stand and live bait concession in accordance with its terms and to do any and all other acts to fulfill the re- quirements thereof; that during the term said license agreement is in effect I.(we) will pay therefor the following sums to the City of Newport Beach, to wit: From the date of execution through December 31, 1963, 00 a guaranteed monthly payment of $ q.2 , payable on the first day of each mouth, and, in the event "Dd'— per cent ( %) of the total gross receipts in any calendar year during such,term shall be larger than 4. <i I7J FSY • PROPOSAL TO THE CITY OF NEWPORT BEACH FOR THE LUNCH STAND AND.LIVE BAIT CONCESSION AT THE BALBOA PIER The - undersigned makes the following proposal to the City of Newport Beach for the operation of the lunch stand and live bait concession in the building located on the Balboa Pier in the City of Newport,'Beach, NAME SIN ESS ADDRESS D /i(/� SIDENCE ADDRESS / aviJ ' BUSINESS PHONE NO. R ESIDENCE PHONE N0. and, if awarded the license, agrees to execute the form of agreement attached and operate the businesses of lunch stand and live bait 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 building and pier on which said building is located, 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 businesses of lunch stand and live bait concession in accordance with its terms and to do any and all other acts to fulfill the re- quirements thereof; that during the term said license agreement is in effect I.(we) will pay therefor the following sums to the City of Newport Beach, to wit: From the date of execution through December 31, 1963, 00 a guaranteed monthly payment of $ q.2 , payable on the first day of each mouth, and, in the event "Dd'— per cent ( %) of the total gross receipts in any calendar year during such,term shall be larger than 4. <i I7J FSY • 0 the sum total of guaranteed monthly payments for such calendar year, a sum equal to the difference a payable within forty -five (45) days after the and of such calendar year. If the undersigned fails to execute the license agreement 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 accom- panying this proposal shall be forfeited and the same shall be the property of the City. Accompanying this proposal is Two Hundred Dollars ($200.00) U�nidb',/ (insert the words "Cash", "Cashier's Check ", "Certified Check ", or "Money Order ") as a guarantee that, if the proposal is accepted, the undersigned will execute the license agree- ment. 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 part- ners; 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 FULL NAME BUSINESS ADDRESS PRINCIPAL PLACE OF BUSINESS IN CALIFOI BUSINESS TELEPHONE NO. RE91ftnt A15DRESS IPI RESIDENCE TELEPHONE NO. HOl DATE OF BIRTH fie PLACE OF BIRTH 5. sir. .► MARITAL STATUS f � � � .�� , �/ ♦ �►� ���I A � � � � n �, ��- � � �� �� / / -� / i � ' � � / . � � � �l/ ,i / � � �� _ � y / � -, • �. ./ / ,. / ' � ,., � � .- � / , � , � i� i i ! �. � � / , l�7/ ' . r , li �. ,, . ,.i , T _ _ _: __ ��� ,- !, .r i i _ �.� , , ` � � / %`i ,l �� /� r , - � t� : � i � � i i /' / (r // � %e �i - . ►' �` , , � �� /� .. �,. ; /r �/ � � ��, , ij� i l i LIST IN ORDER, STARTING WITH THE MOST RECENT, THE FOLLOWING INFORMA- TION ON BUSINESSES IN WHICH YOU WERE EMPLOYED OR HAD AN INTEREST DURING THE PAST 15�YEARS: (Use additional sheets of paper, if necessary.) Name of to ineas. ^ � ^ M1Da:tes Address of business Type of business Interest or position Number of employees Number supervised by q / Business Bank �i /,[�'r+.P/ ca" " Annual gross 21 5 d' U ;7 0 If a service business, the maximum number served in a day v� If not still affiliated, reason for leaving HAVE YOU EVER BEEN- .ARRESTED? YES NO 4— IF YES, STATE WHERE, WHEN, REASON, AND DISPOSITION OF MATTER DO YOU CONSENT TO BEING FINGERPRINTEDY YES -,/Y_ NO LIST FIVE CHARACTER REFERENCES: hazr LIST FIVE CREDIT REFERENCES: 6. i • STATE WHETHER YOU INTEND TO OPERATE THE BUSINESSES PERSONALLY. Ii/THE FOLLOWING SPACE, OR ON ADDITIONAL PAPER, STATE THIE REASONS YOU FEEL QUALIFIED TO CONDUCT THESE BUSINESSES AND SUPPLY ANY ADDITIONAL INFOMATION ABOUT YOURSELF., YOUR BUSINESSES, OR YOUR PLANS FOR THE CONDUCT OF THE LICENSED! BUSINESSES WHICH YOU. FM WILL BE HELPFUL TO THE CITY IN EVALUATING YOUR PROPOSAL FOR THE OPERATION OF THE BUSINESSES ON THE MBOA PIER: ;Z � zt-� /mac,"" J, .---� kalwe) a that inforsaetion supplied slay 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 reacha decision. Dated: 1960. SIGNATURES 7. JHR:mec 12/13/60 LICENSE AGREMOW BALBOA PIER: THIS LICENSE AGREEMENT is made and entered into this day of , 1961, between the CITY OF NEWPORT BEACH, a municipal corporation, hereinafter referred to as "City ", and hereinafter referred to as "Licensee "; WITNESSETH: WHEREAS, the City is the owner and is in possession and control of a certain pier known as Balboa. Pier located in the City of Newport Beach which extends into a4d over the waters of the Pacific Ocean at the extension of Main Street, which pier is used by the general public for the purpose of fishing and other recres- tion; and WHEREAS, it is the opinion of the City Council that it is advisable that the operation and maintenance of a lunch stand and live bait concession be permitted on said pier in the hereinafter designated portion of a building owned by City for the use and con- venience of the public and all persons using the pier for fishing and recreational purposes; NOW, THEREFORE, in consideration of the payments herein- after specified and the faithful performance of the other covenants':' of this agreement °by Licensee, City hereby grants to Licensee a license, privilege and right of operating a lunch stand and live bait concession in that portion of the building on said pier shaded red and designated as "lunch stand and live bait concession" on the diagram attached hereto and marked Exhibit "A" for a term beginning on the ' day of 1961, and ending i on the 31st day of December, 1963, for the guaranteed monthly pay- meat of $ which shall be payable on the first day of each month during the.term of thislicense, and, in the event per cent �_Sj of the total gross receipts in any calendar year during such term shall be larger than the sum total 1. of guaranteed monthly payments for such calendar year, ,a sum equal to the difference shall be paid to the City within forty -five (45) days after the end of such calendar year. Said license and privilege herein granted are subject to the following terms, covenants, and conditions: 1. scope. (a) Licensee agrees to assume said license and privilege hereby granted and to operate said businesses within the designated portion of said building 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 that is deemed necessary by City to inspect said building or any portion thereof and equipment and fixtures located therein. (b) In conducting said businesses, all food and beverage products sold shall be of uniform high quality; Licensee shall be limited to the sale of light foods and sandwiches, soft drinks, coffee, ice cream and ice cream products, cigars, cigarettes and tobaccoes, candies, chewing gum., items of fishing tackle such as rods, reels, lines, hooks, weights, leaders, and bait buckets, and any other items of fishing tackle reasonably related to pier fish- ing, and the sale of live bait. (c) The rental of any item of merchandise, the sale of which is specifically permitted herein, and the sale or rental of any item not herein specifically permitted, shall first require the approval of the City and the City reserves the right to res- cind its approval of any item whenever it deems the sale or rental of any such item objectionable or beyond the scope of merchandise deemed necessary for proper.service to the public. (d) Licensee understands that the volume of busi- ness 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. 2. 0 Notwithstanding the uncertainties involved, Licensee shall supply the demand as it arises and maintain an adequate supply of labor, food, beverages, and equipment to do so. The hours and days that Licensee operates said businesses shall be fixed by Licensee, but, in the event the City determines that the interests of the public require that said businesses be in operation during certain speci- fied hours and days, Licensee agrees to operate said businesses during such hours and days. (e) Licensee shall not place or allow any signs, placards, or advertising matter to be attached to the building or elsewhere: prior written consent of City and thei such conditions as may be attached to placed on said building or pier shall request by City. placed or maintained on or on the pier without this. a only in accordance with such approval. Any signs be removed promptly upon 2. Prices. (a) Prices shall be fixed by Licensee but may not be in excess of prevailing prices in the City of Newport Beach for similar items, 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 Licensee. Licensee shall post the prices for food and beverage products on or within the business portion of the building at a location where such prices can be plainly seen by the public. (b) Whenever requested by City, Licensee shall file with City a written schedule of prices being charged for items being sold or rented to the public by Licensee. Licensee shall not be permitted to establish any system of prepayment by the public for live bait, whether it be by the issuance of tickets or any other devices without first securing the.approval of City, and,then only in .accordance with such conditions as may b® attached to such approval. 3. 3. Fixtukes and Equipment. ,Licensee shall furnish and maintain in good condition and repair to the satisfaction of City the necessary fixtures and equipment for the operation of the businesses and shall, as neces- sary, replace any such fixtures and equipment. 4. Maintenance and Repairs. (a) Licensee shall completely maintain the exterior and,interior of the building in good condition and repair to the satisfaction of City and shall initially install and thereafter replace glass in the solarium windows. Such maintenance shall include structural maintenance of interior partitions, interior painting, and the painting of the exterior at least once a year in such color or colors as are selected by City. (b) Licensee shall not make any structural changes, alterations, or additions to the building without the prior written consent of City. (c). It is understood and agreed that City need not replace the building, the pier, or any part thereof, or any City equipment that may be used in connection with Licensee's operations in case the same should be destroyed by fire, accident, catastrophe or other cause. Should the building, pier, or said equipment be so destroyed or damaged to the extent Licensee finds it uneconomical to repair the same and continue to operate the businesses, Licensee may terminate this agreement by giving thirty (30) days' written notice to the City. If any damage or destruction should occur and Licensee undertakes the repair of said building, pier, or facilities, Licensee's obligation to pay rent shall be suspended for the period of time said business operations are completely and necessarily suspended, but not to exceed ninety (90) days. 5. Utilities and Sewerage. (a) Newport Beach water is available to the building on the pier. Licensee shall be entitled to water service under the 4. same terms as any other occupant of premises in the City and shall pay the same fees, rate or rates as any other occupant. (b) Newport Beach sewer service is not available to the building on the pier. Licensee shall provide and maintain at its sole coat and expense any chemical toilets and other appurtenant equipment for sewage disposal required by the County Health Depart- ment in the operation of the businesses. (c) Licensee shall make arrangements for such other utility services as are necessary for the operation of the businesses, and shall promptly pay all charges for utilities when due. 6. Vehicles. Licensee shall permit only one vehicle owned and operated by Licensee or employees of Licensee on the pier at any one time serving the businesses of Licensee and for no other purpose, and Licensee shall take reasonable steps to prevent vendors from driving vehicles on the pier. 7. Building and Pier Area. (a) Licensee shall keep the building, including the solarium, and the deck of the pier throughout its length in a clean condition at all times. (b) Upless otherwise designated by City, the dolar- ium shall be open and available for the use 'of -the public during the daylight hours of every day and closed and locked every evening throughout the term of this license agreement. Licensee shall be responsible for opening the solarium every morning and closing and locking it in the evening. City reserves the right to require,and at the request of Licensee may permit, Licensee to close and lock the solarium at any time during the term of this agreement when- ever the City determines that such clostng will not thereby prejudice the interest and convenience of the public in its use of the pier. 5. 8. Gross Receipts. (a) The term "gross receipts ", wherever used in this agreement, is intended to and shall .mean all monies, property or any other thing of value received by Licensee through the operation of said businesses 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 Licensee or deposits made with Licensee to guarantee the return of rental equipment. (b) Licensee shall maintain and use cash registers for each and every sale or rental st..sach 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 Licensee 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, Licensee 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 inspection or review at such times as will not unnecessarily in- terfere with Licensee's business operation. (c) All payments shall be to the City at the office of the Director of Finance in•the City Hall. 9. Books of Account. i Licensee agrees to keep books of account in connection with the operation of said businesses 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- l 6. at the beginning or end of the agreement, unless a different report - ing period has been approved by City, Lice 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. 10. Assignment. This license agreement shall not be sold, assigned, trans- ferred, mortgaged, pledged or hypothecated by Licensee without the prior written consent of City,, nor shall Licensee sublet the premises or any part thereof or permit the same to be occupied by any other person whomsoever without the prior written approval of City first had and obtained. 11. Automatic Termination. In the event of voluntory.or involuntary bankruptcy or insolvency of Licensee, said bankruptcy or insolvency shall auto- matically terminate this license and it shall not become an asset of Licensee or any referee or assignee in such insolvency or bank- ruptcy proceeding. 12. Independent Contractor. City shall have no interest in the operation of the lunch stand or live bait concession and shall not be responsible for any injury,or damage to the person or property of Licensee suffered or sustained in the operation of the lunch stand or live bait con- cession. It is understood and agreed that Licensee operates both the lunch stand and the live bait concession as an independent contractor. 13. Public Liability Insurance. (a) Licensee agrees to hold harmless and indemnify City against any and all claims, losses or liability on account of any injury, lose or damage to persons:or property claimed, suffered or sustained in or around the premises where the lunch stand and live bait.concession are conducted, by reason of the operation, use or occupancy of the pier by Licensee. Licensee further agrees to maintain at all times throughout the term of this license agreement 7. public liability insurance in the amount of $500,000 for injury to one person, $1,000,000 for injuries in one accident, and $100,000 for property damage, in which policy or policies of insurance City shall be named as an additional assured. (b) Said policy or policies shall contain an endorse- meet 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 satisfactory to City and certificates.issued by the insuring,company j shalt 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 ' I twenty (20) days prior to the effective date of such policy or policies. 14. Compliance with all Laws. Licensee agrees to operate the businesses for the term of this agreement and to comply with all laws, rues and regula- tions of the City of Newport Beach, State of California, and the Federal: Government in his occupancy of and the operation and conduct of his businesses on said pier. 15. Termite tion. It is understood and agreed that the City Council may, upon thirty (30) days' written notice, terminate this license agree- ment for any reason. Licensee may terminate for any reason upon giving sixty (60) days' written notice to the City. Upon termina- tion, all rights of Licensee shall and and Licensee shall within thirty (30) days after the date of termination remove all equipment and materials belonging to him and, in the event he fails to do so, all equipment and materials remaining shall be deemed abandoned by him and shall become the property of City, with full power and authority to control, use or dispose of the same. 8. In case of termination, Licensee shall have no obligation to pay rent for any time subsequent to the date of termination. 16. Administration of Contact. For the purposes of the administration of this license agreement by the City, "City" shall mean the City Manager and any officer and employee of the City of Newport Beach authorized by him to administer the contract. If Licensee is dissatisfied with any action or decision of the City, Licensee may take the matter to the City Council.for. review. The decision by the City Council is final. IN WITNESS WHEREOF, the parties have executed this agree- ment as of the date first above written. 4 CITY OF NEVIPORT BEACH By Mayor ATTEST: By City er _ CITY LICENSEE 9. � 1 } In case of termination, Licensee shall have no obligation to pay rent for any time subsequent to the date of termination. 16. Administration of Contact. For the purposes of the administration of this license agreement by the City, "City" shall mean the City Manager and any officer and employee of the City of Newport Beach authorized by him to administer the contract. If Licensee is dissatisfied with any action or decision of the City, Licensee may take the matter to the City Council.for. review. The decision by the City Council is final. IN WITNESS WHEREOF, the parties have executed this agree- ment as of the date first above written. 4 CITY OF NEVIPORT BEACH By Mayor ATTEST: By City er _ CITY LICENSEE 9. i y i :� i ��.` ., I � r, / ��� � i l� � ii �� i � , 1 j . � , ., ' � � � � � i (/* a' 200 ti � 3 a� 0 0 N EZ A 4L, t► Cy ,bl i 0 4 NOTICE TO PROSPECTIVE LICENSEES AND LICENSE AGREEMENT FOR OPERATION OF LUNCH STAND AND LIVE BAIT CONCESSION ON BALBOA PIER AT NEWPORT BEACH, CALIFORNIA. NAME AND ADDRESS AMOUNT John C. Kirk, 1004 Oak Street, Costa Mesa $2.00 B. J. Stansbury, 1751 Tradewinds Lane, Newport Beach 2.00 Otto W. Siebert, 2165A Charle Dr., Costa Mesa 2.00 Gaylord Munson, Box 785, Capistrano Beach 2.00 Don Brown, 216 E. Ocean Front, Balboa 2.00 K. 0. Farnsworth, 1019 W. Bay Ave., Newport Beach 2.00 Leonard Steadham, 683 Capitol St., Costa Mesa 2.00 � M - ..ow January 4, 1961 - $14. 00 turned over to the Finance Department and receipt obtained for same. L )7t. Evelyn McAlevy d MS-.em Very truly y r8, r R December 16, 19 Mr. Leonard Steadham 6s3 Capitol.Street Costa Mesa, California Dear Mr. Steadham: The City Manager has'iaforrnlsse E1tat you have evidenced interest in obtaining "%,u agreement for the operation of the ivaah'etan_ aail live bait concession on Balboa Pier. h S_ J k ' eY� y-1 This letter is to inform-you that copi�# of -the Notice', to Prospective Licensees, special.provi and condition#, `Proposal to the City of NewposY3each and License Agseement for operation of lunch stand: live bait cones slog on Balboa Pier are available in my office, and will be delivered to you, upon the psymeaf -Of the sum of $Z. The aforementioned documents are documents which. will give persons desiring. to submit proposals Adequate information to enable 'them to" do ao You are advised that the sealed r p og�oale, submitted in agcordance with the requirements set fosth..' T' A my office. until 10:00 A.M. on Thursday; December 1960. q fi .truly your -s, This letter is to inform-you that copi�# of -the Notice', to Prospective Licensees, special.provi and condition#, `Proposal to the City of NewposY3each and License Agseement for operation of lunch stand: live bait cones slog on Balboa Pier are available in my office, and will be delivered to you, upon the psymeaf -Of the sum of $Z. The aforementioned documents are documents which. will give persons desiring. to submit proposals Adequate information to enable 'them to" do ao You are advised that the sealed r p og�oale, submitted in agcordance with the requirements set fosth..' in the abova..meationed docum'ents, will be se eived'* -,` '- my office. until 10:00 A.M. on Thursday; December 1960. 'Very .truly your -s, ' Masgesy..Schroudes . -' City'Clerh City. of Newport Beath: MS: em z .. _ ,..... December 16. l .: ... r Mr. ' qv 410 East Qd"n !root t Balboa,. .diia6rais Dear town: " The .City "Manager has iniosltsad heat" _ - . you have ovidenced interest -in obtaining the fi2an�s6" agreezn for the operation of the mach stand and livy I r bait cosasssiowpa`Balboa Pier. This letter to to inform you that Copies of the Notiee to- Fxospsetive Licenseos, special psevisloo and conditions Proposal to the City of Newport ftsch, and Licensip ,Agreement for operation of lunch stated live bait e6jeetsion on Balboa Pier are available in my office, asd 4l, be delivered to you upon the payment of ti the sum ou$tt :_ The aforementioned documents are. - " documents wh "will give per"aone desiring to submit proposals adequate information" to. enable them to do so You are advised that the sealed proposals, " submitted in- accordance with th*.,roquirem**ts set;forth in the above: "u eniioned documents, will i►e "ra 'csived .in .. - ray office patil 10;00 A. M, on Thursday, Dan nbeir" 29; s 1960.. Very truly yours, " .. .. Marjory Schrogder City Clark City of Newport Beach MS: em i &0=13 �� ��-� �= l/ � � � � ""���2c..e... _ . _.__� �"��, � �. ,� .� �,. :� y ��.� 0 0 10 (71 Ln N 0 u 3§ U 0 x U \\ P4 N N (d 0 N ;4 0 w u 0 PL4 0 (d 0 k 0 ed 0W 0 (d M �ld A 0 ])§ 0 m 9 >1 Cd 0 u )}o (d > r i) 03 0 .40 'd cd 1:0 0 0 k `tom Cd 4) u 12/10316 (3) NOTICE INVITING PROPOSALS NOTICE IS HEREBY EN that the City of Newport Beach will receive sealed proposals in the office of the City Clerk at the City Full, 3300 Newport Boulevard, Newport Beach, California, until 10 A. M. on Thgsday, December 29, 19600 for the operation of a lunch stand and live bait concession in a portion of the building located on the Balboa Pier in the City of Newport Beach, located in Orange County, California. Persons wishing to submit proposals must obtain forms therefor from the City Clerk at a cost of $2.00. Dated: December �, 1960. L•1.t,. eW zSZ�J Margery .ou r, City Clerk o the City of Newport Beach Ap NOTICE INVITING PROPOSALS NOTICE IS HEREBY EN that the City of Newport Beach will receive sealed proposals in the office of the City Clerk at the City Full, 3300 Newport Boulevard, Newport Beach, California, until 10 A. M. on Thgsday, December 29, 19600 for the operation of a lunch stand and live bait concession in a portion of the building located on the Balboa Pier in the City of Newport Beach, located in Orange County, California. Persons wishing to submit proposals must obtain forms therefor from the City Clerk at a cost of $2.00. Dated: December �, 1960. L•1.t,. eW zSZ�J Margery .ou r, City Clerk o the City of Newport Beach 0 CITY OF NEWPORT BEACH CITY ATTORNEY DEPARTMENT To: City Clerk From: City Attorney Subject: Notice inviting proposals 0 December 13, 1960 Attached hereto is a draft of a notice inviting proposals for the operation of a lunch stand and live bait concession on the Balboa Pier, which said notice should be published December 15, 1960. We will supply you with the proposal forms and other documents by Thursday, December 15, so that you will have them available for distribution to interested persons. JHR:mec Enc. I LU 0 Ci W. Charamza" ttorney -- t E ity - Attorney 0 { To: From: Subject: 6 CITY OF NEWPORT BEACH CITY ATTORNEY DEPARTMENT City Clerk City Attorney r December 15, 1960E v Lunch stand and live bait concession, Balboa Pier \ Attached are fourteen complete copies of notice to prospective licensees, special provisions and conditions, proposal to the City of Newport Beach, and license agreement for operation of lunch stand and live bait concession on Balboa Pier, to be distributed by your office,upon payment of the sum of $2.00, to those persons desiring to submit proposals. The notice inviting proposals to be published today and the forms attached hereto call for sealed proposals to be received in the office of the City Clerk until 10 o'clock A. M. on Thursday, December 29, 1960. i v Il e N It is our understanding that approximately six persons have indi- cated to the City Manager an interest in submitting proposals. Such persons should be notified that the attached forms are available and that proposals will be received by the City until 10 o'clock A. M. on Thursday, December 29. The Council Committee consisting of Councilman Somers as chairman and Councilman Hart will evaluate the proposals after the dead- line for receiving such proposals has passed. ,V JHR:mec Encs. cc - City Manager Councilman Somers Councilman Hart W. sistant City Attorney h L�y December 15, 1960E v Lunch stand and live bait concession, Balboa Pier \ Attached are fourteen complete copies of notice to prospective licensees, special provisions and conditions, proposal to the City of Newport Beach, and license agreement for operation of lunch stand and live bait concession on Balboa Pier, to be distributed by your office,upon payment of the sum of $2.00, to those persons desiring to submit proposals. The notice inviting proposals to be published today and the forms attached hereto call for sealed proposals to be received in the office of the City Clerk until 10 o'clock A. M. on Thursday, December 29, 1960. i v Il e N It is our understanding that approximately six persons have indi- cated to the City Manager an interest in submitting proposals. Such persons should be notified that the attached forms are available and that proposals will be received by the City until 10 o'clock A. M. on Thursday, December 29. The Council Committee consisting of Councilman Somers as chairman and Councilman Hart will evaluate the proposals after the dead- line for receiving such proposals has passed. ,V JHR:mec Encs. cc - City Manager Councilman Somers Councilman Hart W. sistant City Attorney 6 Balboa Pier Concession • Interested Parties June 23, 1960 Mr. All n Milligan N. Acacia Ridlto' Calif. Mr. Leonard Steadham Capitol Street Cos---- N!2sd Midway 62994.. Mr. Don Brown 410 E. Ocean Ft. Balbo- LM T Mr. �1, LL 710x: 4. Ocean Ft. Kr. V4 ncent Cusumano 6600 Cosst Hi-tl way Newport Beach Mr. John C. Kirk (Present Lessee) -YU.� aa Oak Street L w'*; Costa Mesa, Calif. Mr. Kenneth Fdrnswort"n (Present Lessee Newport Pier) ✓ 1019 vi. Bay Balboa Mr. Otto 14'. Siebert Rt. 5, Box 304 ✓ or 21:",5A CIF.arle T)r. Stockton Cosa Mesa, Calif. (MIdway 63423 CITY OF NEWPORT BEACH CITY ATTORNEY DEPAR13M December 13, 1960 To: City Clerk From: City Attorney Subject: Notice inviting proposals Attached hereto is a draft of a notice inviting proposals for the operation of a lunch stand and live bait concession on the Balboa Pier, which said notice should be published December 15, 1960. We will supply you with the proposal forms and other documents by Thursday, December 15, so that you will have them available for distribution to interested persons. JHR:mec Enc. Wa r W. Ch& Ci ttorney Vt� City Attorney To: From: Subject: CITY OF NEWPORT BEACH CITY ATTORNEY DEPARTMENT City Clerk City Attorney tic c December 15, 1960, Lunch stand and live bait concession, Balboa Pier Attached are fourteen complete copies of notice to prospective licensees, special provisions and conditions, proposal to the City of Newport Beach, and license agreement for operation of lunch stand and live bait concession on Balboa Pier, to be distributed by your office,upon payment of the sum of $2.00, to those persons desiring to submit proposals. The notice inviting proposals to be published today and the forms attached hereto call for sealed proposals to be received in the office of the City Clerk until 10 o'clock A. M. on Thursday, December 29, 1960. It is our understanding that approximately six persons have indi- cated to the City Manager an interest in submitting proposals. Such persons should be notified that the attached forms are available and that proposals will be received by the City until 10 o'clock A. M. on Thursday, December 29. The Council Committee consisting of Councilman Somers as chairman and Councilman Hart will evaluate the proposals after the dead- line for receiving such proposals has passed. [gip JHR:mec Encs. cc - City Manager Councilman Somers Councilman Hart City Attorney N E" f To: From: Subject: CITY OF NEWPORT BEACH CITY ATTORNEY DEPARTMENT City Clerk City Attorney tic c December 15, 1960, Lunch stand and live bait concession, Balboa Pier Attached are fourteen complete copies of notice to prospective licensees, special provisions and conditions, proposal to the City of Newport Beach, and license agreement for operation of lunch stand and live bait concession on Balboa Pier, to be distributed by your office,upon payment of the sum of $2.00, to those persons desiring to submit proposals. The notice inviting proposals to be published today and the forms attached hereto call for sealed proposals to be received in the office of the City Clerk until 10 o'clock A. M. on Thursday, December 29, 1960. It is our understanding that approximately six persons have indi- cated to the City Manager an interest in submitting proposals. Such persons should be notified that the attached forms are available and that proposals will be received by the City until 10 o'clock A. M. on Thursday, December 29. The Council Committee consisting of Councilman Somers as chairman and Councilman Hart will evaluate the proposals after the dead- line for receiving such proposals has passed. [gip JHR:mec Encs. cc - City Manager Councilman Somers Councilman Hart City Attorney N Balboa Pier Concession Interested Parties June 23, 1960 rr Mr. Allen Milligan 560 N. Acacia Rialto, Giif. Mr. ,Leonard Leon-ard Steaidham 683 Capitol Street Costa Mesa j4ldwdy 62941 Mr. Don Brown 410 E. Ocean-•t. 41 Balboa Mr. Bill Talbott 7108 W. Ocean Ft. Mr. Vincent Cusumano ✓ 6600 Coast Highw4y Newport Beach aa vv. /Mr. John C. Kirk (Present Lessee)- 1004 Oak Street Costa Mesa, Calif. Mr. Kenneth Farnsworth (Present Lessee Newport Pier) 1019 W. Bay Balboa Mr. Otto W. Siebert Rt. 5, Box 304 ✓ or 2165A Charle Dr. Stockton Costa Mesa, Calif. (MIdway 63423 JHR:mec 12/13/60 CITY OF NEWPORT BEACH NOTICE TO PROSPECTIVE LICENSEES SPECIAL PROVISIONS AND CONDITIONS PROPOSAL TO CITY OF NEWPORT BEACH AND LICENSE AGREEMENT FOR OPERATION OF LUNCH STAND AND LIVE BAIT CONCESSION ON BALBOA PIER 0 AT NEWPORT BEACH, CALIFORNIA NOTICE TO PROSPECTIVE LICENSEES: Proposals shall be plainly marked on outside of sealed envelope: "Proposal for operation of lunch stand and live bait concession on the Balboa Pier, Newport Beach, California." i F 01 JHROmec • 12/13/60 CITY OF NEWPORT. BEACH 0 NOTICE TO PROSPECTIVE LICENSEES Sealed proposals will be received at the office of the City Clerk in the City Hall at 3300 Newport Boulevard, Newport Beach, California, until 10000 o'clock A. M. on Thursday, December 29, 1960, for the operation of a lunch stand and live bait concession in a portion of the building located on the Balboa Pier, which said pier is located in the City of Newport Beach and extends into and over the waters of the Pacific Ocean at the extension of Main Street, in accordance with the attached conditions, proposal and contract form. Each prospective licensee seeking to submit a proposal must pay the sum of $2.00 for the proposal forms and the agreement form. No proposal will be considered unless it is made substan- tially 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 informalities therein. The award of the license, if it is awarded, will be to a person submitting a proposal which complies with the requirements prescribed herein and who is selected by the City Council as the best qualified operator for the license. Although of substantial importance in making the award, the monetary return to the City will not be the sole criterion in awarding the license. The City Council shall be the sole judge in determining who shall be granted the license and may refer all proposals to a committee or commission for evaluation and recommendation. Within thirty (30) days after the award of the license, 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.vill be returned. 1. CITY OF NEWPORT BEACH LICENSE TO OPERATE LUNCH STAND AND LIVE BAIT CONCESSION ON.BALBOA PIER SPECIAL PROVISIONS AND CONDITIONS 1. Proposal Requirements and Conditions: All proposals must be presented under sealed cover and shall be accompanied by cash, cashier's check, certified check, or money order made payable to the City of Newport Beach in the amount of Two Hundred Dollars ($200.00) as a guarantee that if the proposal is accepted the person making the proposal will execute the license agreement, and no proposal shall be considered unless accompanied by the amount required herein. Any proposal may be withdrawn at any time prior to the final time fixed for receiving the proposals provided a request for withdrawal is made in writing, executed by the proponent or his authorized representative, and filed with the City Clerk. The with- drawal of a proposal shall not prejudice that person with respect to filing a new proposal. Persons submitting a proposal must file along with the proposal a separate statement setting forth the estimated cost of rehabilitating the building and providing the necessary fixtures and equipment, the assets that are available therefor, and, if such assets are not available, the method by which funds to meet the estimated costs are to be secured. Each person submitting a proposal shall carefully examine the building in which the businesses of lunch stand and live bait concession are to be operated and the Balboa Pier on which said building is located and shall carefully examine these provisions and conditions, the proposal form, and the form of the license agree- ment attached hereto. In examining and evaluating the proposals, it will be assumed that each person submitting a proposal has investi- gated and has become informed as to the character, quality, and quantities of work or acts to be performed by the licensee and as 2. 0 to the requirements of these provisions, conditions, and the license agreement attached hereto. 2. Term of License: The term of the license agreement shall begin upon the date of execution (probably in February, 1961) and shall end on December 31, 1963, unless terminated sooner as provided therein. 3. License Privileges and Requirements- The license, privilege, and right to be granted will be to operate a lunch stand and live bait concession. The sale of any item of merchandise not specifically permitted by the license agree- went is prohibited unless the approval of the City is first obtained. Unimpaired use of the solarium in the building and the deck of the pier by the public is to be maintained throughout the term of the license agreement. Licensee must completely maintain the exterior and interior of the building, and shall make the initial installation and replace- ment of glass in the solarium windows. City will reopen the solarium and place the window frames therein in condition for such installa- tion of glass by Licensee. All proposals are to be made on the basis of a guaranteed monthly payment payable on the first day of each month during the term of the license. Proposals shall also provide for a percentage of the total gross receipts to be used as follows- In the event said percentage of the total gross receipts in any calendar year is larger than the sum total of guaranteed monthly payments for such calendar year, a sum equal to the difference shall be paid to the City within forty -five (45) days after the end of such calendar year. 4. Additional Terms. Prospective licensees are referred to the contract form attached hereto for additional specific requirements of the license agreement, and to the diagram of the building attached thereto and marked Exhibit "A" for the business and solarium areas in the building. 3. PROPOSAL TO THE CITY OF NEWPORT BEACH FOR THE LUNCH STAND AND.LIVE BAIT CONCESSION AT THE BALBOA PIER The undersigned makes the following proposal to the City of Newport Beach for the operation of the lunch stand and live bait concession in the building located on the Balboa Pier in the City of Newport'Beach, California: NAME BUSINESS ADDRESS . ADDRESS BUSINESS PHONE NO. PHONE NO. and, if awarded the license, agrees to execute the form of agreement attached and operate the businesses of lunch stand and live bait 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 building and pier on which said building is located, 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 businesses of lunch stand and live bait concession in accordance with its terms and to do any and all other acts to fulfill the re- quirements thereof; that during the term said license agreement is in effect I (we) will pay therefor the following sums to the City of Newport Beach, to wit: From the date of execution through December 31, 1963, a guaranteed monthly payment of $ , payable on the first day of each month, and, in the event per cent ( %) of the total gross receipts in any calendar year during such,term shall be larger than 4. M 11 the sum total of guaranteed monthly payments for such calendar year, a sum equal to the difference payable within forty -five (45) days after the end of such calendar year. If the undersigned fails to execute the license agreement 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 accom- panying this proposal shall be forfeited and the same shall be the property of the City. Accompanying this proposal is Two Hundred Dollars ($200.00) (insert the words "Cash ", "Cashier's Check ", "Certified Check ", or "Money Order ") as a guarantee that, if the proposal is accepted, the undersigned will execute the license agree- meet. 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 part- ners; 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 BUSINESS ADDRESS PRINCIPAL PLACE OF BUSINESS IN CALIFORNIA BUSINESS TELEPHONE NO. 919Yft9CE' ALDRESS RESIDENCE TELEPHONE NO. HOME OWNERSHIP? YES NO DATE OF BIRTH PLACE OF BIRTH MARITAL STATUS 5. LIST IN ORDER, STARTING WITH THE MOST RECENT, THE FOLLOWING INFORMA- TION ON BUSINESSES IN WHICH YOU WERE EMPLOYED OR HAD AN INTEREST DURING THE PAST 15- YEARS: (Use additional sheets of paper, if necessary.) Name of business . - Dates Address of business Type of business Interest or position Number of employees Number supervised by you Business Bank ' Annual gross If a service business, the maximum number served in a day If not still affiliated, reason for leaving HAVE YOU EVER BEEN-ARRESTED? YES NO IF YES, STATE WHERE, WHEN, REASON, AND DISPOSITION OF MATTER DO YOU CONSENT TO BEING FINGERPRINTED? YES NO LIST FIVE CHARACTER REFERENCES: Name Address tv tats LIST FIVE CREDIT REFERENCES: Name Address Citv State 6. STATE WHETHER YOU INTEND TO OPERATE THE BUSINESSES PERSONALLY. IN THE FOLLOWING SPACE, OR ON ADDITIONAL PAPER, STATE THE REASONS YOU FEEL QUALIFIED TO CONDUCT THESE BUSINESSES AND SUPPLY ANY ADDITIONAL INFORMATION ABOUT YOURSELF, YOUR IUSINESSES, OR YOUR PLANS FOR THE CONDUCT OF THE LICENSED BUSINESSES WHICH YOU FEEL WILL BE HELPFUL TO THE CITY IN EVALUATING YOUR PROPOSAL-FOR THE OPERATION OF THE BUSINESSES ON THE BALBOA PIER: 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. SIGNATURES 7. JHR:mec • 12/13/60 LICENSE AGREEIM BALBOA PIER THIS LICENSE AGREEMENT is made and entered into this day of , 1961, between the CITY OF NEWPORT BEACH, a municipal corporation, hereinafter referred to as "City ", and hereinafter referred to as "Licensee "; WHEREAS, the City is the owner and is in possession and control of a certain pier }mown as Balboa. Pier located in the City of Newport Beach which extends into and over the waters of the Pacific Ocean at the extension of Main Street, which pier is used by the general public for the purpose of fishing and.other recrea- tion; and WHEREAS, it is the opinion of the City Council that it is advisable that the operation and maintenance of a lunch stand and live bait concession be permitted on said pier in the hereinafter designated portion of a building owned by City for the use and con- venience of the public and all persons using the pier for fishing and recreational purposes; NOW, THEREFORE, in consideration of the - payments herein- after.specified and the faithful performance of the other covensnts':� of this agreemeni'by Licensee, City hereby grants to Licensee a license, privilege and right of operating a lunch stand and live bait concession in that portion of the building on said pier shaded Fed and designated as "lunch stand and live bait concession" on the diagram attached hereto and marked Exhibit "A" for a term beginning on the day of 1961, and ending on the 31st day of December, 1963, for the guaranteed monthly pay- went of $ , which shall be payable on the first day of each month during the.term of this license, and, in the event T_ per cent of the total gross receipts in any calendar year during such term shall be larger than the sum total 1. of guaranteed monthly payments for such calendar year,•a sum equal to the difference shall be paid to the City within forty -five (45) days after the end of such calendar year. Said license and privilege herein granted are subject to the following terms, covenants, and conditions: 1. Scope. (a) Licensee agrees to assume said license and privilege hereby granted and to operate said businesses within the designated portion of said building 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 that is deemed necessary by City to inspect said building or any portion thereof and equipment and fixtures located therein. (b) In conducting said businesses, all food and beverage products sold shall be of uniform high quality; Licensee shall be limited to the sale of light foods and sandwiches, soft drinks, coffee, ice cream and ice cream products, cigars, cigarettes and tobaccoes, candies, chewing gum, items of fishing tackle such as rods, reels, lines, hooks, weights, leaders, and bait buckets, and any other items of fishing tackle reasonably related to pier fish- ing, and the sale of live bait. (c) The rental of any item of merchandise, the sale of which is specifically permitted herein, and the sale or rental of any item not herein specifically permitted, shall first require the approval of the City and the City reserves the right to res- cind its approval of any item whenever it deems the sale or rental of any such item objectionable or beyond the scope of merchandise deemed necessary for proper service to the public. (d) Licensee understands that the volume of busi- ness 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. 2. Notwithstanding the uncertainties involved, Licensee shall supply the demand as it arises and maintain an adequate supply of labor, food, beverages, and equipment to do so. The hours and days that Licensee operates said businesses shall be fixed by Licensee, but, in the event the City determines that the interests of the public require that said businesses be in operation during certain speci- fied hours and days, Licensee agrees to operate said businesses during such hours and days. (a) Licensee shall not place or allow any signs, placards, or advertising matter to be placed or maintained on or attached to the building or elsewhere on the pier without thiv prior written consent of City and then only in accordance with such conditions as may be attached to such approval. Any signs placed on said building or pier shall be removed promptly upon request by City. 2. Prices. (a) Prices shall be fixed by Licensee but may not be in excess of prevailing prices in the City of Newport Beach for similar items, 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 Licensee. Licensee shall post the prices for food and beverage products on or within the business portion, of the building at a location where such prices can be plainly seen by the public. (b) Whenever requested by City, Licensee shall file with City a written schedule of prices being charged for items being sold or rented to the public by Licensee. Licensee shall not be permitted to establish any system of prepayment by the public for live bait, whether it be by the issuance of tickets or any other device, without first securing the.approval of City, and.then only in.accordance with such conditions as may be attached to such approval. 3. 0 0 3. Fixtures and $auioment. Licensee shall furnish and maintain in good condition and repair to the satisfaction of City the necessary fixtures and equipment for the operation of the businesses and shall, as neces- sary, replace any such fixtures and equipment. 4. Maintenance and Repairs. (a) Licensee shall completely maintain the exterior and interior of the building in good condition and repair to the satisfaction of City and shall initially install and thereafter replace 'glass in the solarium windows. Such maintenance shall include structural maintenance of interior partitions, interior painting, and the painting of the exterior at least once a year in such color or colors as are selected by City. (b) Licensee shall not make any structural changes, alterations, or additions to the building without the prior written consent of City. (c). It is understood and agreed that City need not replace the building, the pier, or any part thereof, or any City equipment that may be used in connection with Licensee's operations in case the same should be destroyed by fire, accident, catastrophe or other cause. Should the building, pier, or said equipment be so destroyed or damaged to the extent Licensee finds it uneconomical to repair the same and continue to operate the businesses, Licensee may terminate this agreement by giving thirty (30) days' written notice to the City. If any damage or destruction should occur and Licensee undertakes the repair of said building, pier, or facilities, Licensee's obligation to pay rent shall be suspended for the period of time said business operations are completely and necessarily suspended, but not to exceed .ninety (90) days. 5. Utilities and Seweraze. (a) Newport Beach water is available to the building on the pier. Licensee shall be entitled to water service under the 4. 0 0 same terms as any other occupant of premises in the City and shall pay the same fees, rate or rates as any other occupant. (b) Newport Beach sewer service is not available to the building on the pier. Licensee shall provide and maintain at its sole coat and expense any chemical toilets and other appurtenant equipment for sewage disposal required by the County Health Depart- meat in the operation of the businesses. (c) Licensee shall make arrangements for such other utility services as are necessary for the operation of the businesses, and shall promptly pay all charges for utilities when due. 6. Vehicles. Licensee shall permit only one vehicle owned and operated by Licensee or employees of Licensee on the pier at any one time serving the businesses of Licensee and for no other purpose, and Licensee shall take reasonable steps to prevent vendors from driving vehicles on the pier. 7. Buildim and Pier Area. (a) Licensee shall keep the building, including the solarium, and the deck of the pier throughout its length in a clean condition at all times. (b) Unless otherwise designated by City, the solar- ium shall be open and available for the use`of -the public during the daylight hours of every day and closed and locked every evening throughout the term of this license agreement. Licensee shall be responsible for opening the solarium every morning and closing and locking it in the evening. City reserves the right to require,and at the request of Licensee may permit, Licensee to close and lock the solarium at any time during the term of this agreement when- ever the City determines that such clostng will not thereby prejudice the interest and convenience of the public in its use of the pier. S. • • 8. Gross Receipts. (a) The term "gross receipts ", wherever used in this agreement, is intended to and shall .mean all monies, property or any other thing of value received by Licensee through the operation of said businesses 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 goveraaental entity and collected by Licensee or deposits made with Licensee to guarantee the return of rental equipment. (b) Licensee shall maintain and use cash registers 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 representativoa of City: Copies of all tape shall be retained by Licensee 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, Licensee 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 inspection or review at such times as will not unnecessarily in- terfere with Licensee's business operation. (c) All payments shall be to the City at the office of the Director of Finance in•the City Hall. 9. Books of Accdunt. Licensee agrees to keep books of account in connection with the operation of said businesses 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` l 6. 0 ? A at the beginning or end of the agreement, unless a different report - Lug period has been approved'by City, Lich 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. 10. Assignment. This license agreement shall not be sold, assigned, trans- ferred, mortgaged, pledged or hypothecated by Licensee without the prior written consent of City,, nor.shall Licensee sublet the premises or any part thereof or permit the same to be occupied by any other person whomsoever without the prior written approval of City first had and obtained. 11. Automatic Termination. In the event of voluntary or involuntary bankruptcy or insolvency of Licensee, said bankruptcy or insolvency shall auto- matically terminate this license and it shall not become an asset of Licensee or any referee or assignee in such insolvency or bank- ruptcy proceeding. 12. Independent Contractor. City shall have no interest in the operation of the lunch stand or live bait concession and shall not be responsible for any injury,or damage to the person or property of Licensee suffered or sustained in the operation of the lunch stand or live bait con- cession. It is understood and agreed that Licensee operates both the lunch stand and the live bait concession as an independent contractor. 13. Public Liability Insurance. (a) Licensee agrees to hold harmless and indemnify City against any and all claims, losses or liability on account of any injury, loss or damage to persons or property claimed, suffered or sustained in or around the premises where the lunch stand and live bait concession are conducted, by reason of the operation, use or occupancy of the pier by Licensee. Licensee further agrees to maintain at all times throughout the term of this license agreement 7. .- IVA J • public liability insurance in the amount of $500,000 for injury to one person, $1,000,000 for injuries in one accident, and $100,000 for property damage, in which policy or policies of insurance City shall be named as an additional assured. (b) Said policy or policies shall contain an endorse- ment 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 my premiums or assessments on said policy or policies. (c) Said policy or policies shall be in -a. form satisfactory to City and certificates issued by the insuring,company shalt 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.: 14. Compliance with all Laws. Licensee agrees to operate the businesses for the term of this agreement and to comply with all laws, ruses and regula- tions of the City of Newport Beach, State of California, and the Federal Government in his occupancy of and the operation and conduct of his businesses on said pier. 15. Termination. It is understood and agreed that the City Council may, upon thirty (30) days' written notice, terminate this license agree- meat for any reason. Licensee may terminate for any reason upon giving sixty (60) days' written notice to the City. Upon termina- tion, all rights of Licensee shall end and Licensee shall within thirty (30) days after the date of termination remove all equipment and materials belonging to him and, in the event he-fails-to do so, all equipment and materials remaining shall be deemed abandoned by him and shall become the property of City, with full power and authority to control, use or dispose of the same. 8. .zcu_•B�' —___. -'��` ��' ...�,.�ik'�. +- _a.F::cc4 t'z...aem o'�e..l:�'��C.�e. ... �::_i;'.� 3. _�_a 0 • In case of termination, Licensee shall have no obligation to pay rent for any time subsequent to the date of termination. 16. Administration of Contract. For the purposes of the administration of this license a�reement by to , It it all mean the City Manager and any officer and employee of the City of Newport Beach authorized by him to administer the'contract. If Licensee is dissatisfied with any action or decision of the City, Licensee may take the matter to the City Council.for. review. The decision by the City Council is final. IN WITNESS WHEREOF, the parties have executed this agree- ment as of the date first above written. CITY OF NEWPORT BEACH By Mayor ATTEST: By City er CITY LICENSEE 9.