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.