HomeMy WebLinkAboutC-1017 - Balboa Pier License AgreementiPoLiGy RLHR 2 4 3 6 3 C
PRODUCER OR SUBPRODUCER AME
Form Class �mnr Exposure sy�
` BXR ENTRY STAMP
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REG
BORD
G/A ROYAL INDEMNITY COMPANY
R.I. Premium 18.1. c..M.1 P.D. Pro
OW' ?RS' LANDLORDS' AND TENANTS' LIABILITY POLICY
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ADDRESS
I ST, NEBIPORT BEACK. CALIFORNIA
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OF
INSURED t TA MEBtA., ULIPE7MIA
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{ Individual [] Partnership Corporation E
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V / I
(Other)
ITEM
Policy From V11 to
REM 1
NAME JOHN Iu NK WAs BAL9" PIN JAY a REW00
1
AND CONCESIS I
ADDRESS
I ST, NEBIPORT BEACK. CALIFORNIA
OF
INSURED t TA MEBtA., ULIPE7MIA
{ Individual [] Partnership Corporation E
(Other)
ITEM
Policy From V11 to
2
Period 12:01 A.M., standard time at the address of the named insured as stated herein.
tecaGan of Premises
Now Occupied
interest of Names
Insured in Premises
Part Occupied
Portion of Premises
(Enter "same" it same location as above address)
"O
(Enter Owner" "General
lessee" or "Tenant ".)
by Named Ina *retl
covered by this Policy
P I ER
�p�11
Ru PTA i
;STAND & TACK-
LE Sim
T'i►iANT
PORT ION
PORTTIOlir
REM
The insurance afforded is only with respect to such and so many of the following coverages and divisions thereunder as are indicated by specific premium charge
3
or charges. The limit of the company's liability against each such coverage and division shall be as stated herein, subject to all the terms of this policy having
reference thereto.
Advance Premium
Limits of Liability
Coverages
Divisions
$
$
1. Premises—Operations
- In Do
, 000 each person
A
Bodily
s,1' } ,000 each accident
2 Elevators
3. Structural Alterations
Injury
Liability
,000 aggregate
4. Products
(aggregate applles to dim. 4 only)
1. Promises—Operations
WM ,000 each accident
B
,000 aggregate
2 Elevators
Property
Damao*
3. Structural Alterations
Liability
(aggregate applies to divs. 3 & 4)
4. Products
C
1. Premises—Operations
each person
Payments Payment e
1000 each accident
2 Elevators
D
, 000 each person
Contractual
Liability
t. Bodily Injury Liability
, 000 each accident
_
of a
specified Type
2...Properly Damage Liability
, 000 each accident
ITEM
Descrlatlon of Hazards Code
Premium
Rates
Premiums
4
The ratting classifications under the "Description of Hazards'. He.
do not modify the exclusions or other terms of this policy.
Beset
B.I. Liability P.O. LialNNty
I
Babb
left!
Property
Damage
(1) Premise"perations
(a) Area—sq. Ft.
(a) Per 100 Sq. Ft. of Area
Liability
Liability
(b) Frontage
(b) Per linear foot
(c)
(c)
��aa�}���yP� ay��,�/ may. /�a�ga� g�g�r. ��a
A-P3
1 r '2719M7
-175
39. Vd
IS. 110
RANTB-Nt! HAW(I NG OR PEW I NG- BERi1r I
M.F.
BEVER"D OR f0O1D fOR CONSUMPTION
THE PREMISES+iXCLUDINC GO= OR
TB
M~ACTUREDp $ OLD, HANDLED OR WS;
.
IBUTED
BY THE NANO INSURED OR BY OTHER!
ING UN1M HIS NAME AFTER POSSESSION
qi
SUS GOOVIg OR PRODUCTS HAS KIN WL
"WISHED
IMAD"W000411101 NAME AODtL INS.
arm
Per Elevator
� +n
s +*3
i
(3) Structural Alterations, New Construction, Demolition
roi Remuneration
(a) Per
;too o co�untauon
f
(4) Products — Completed Operations
sales
Par $000 of safe;
t
(5) Contractual --- Specified Types of Agreements
(a) Number Insured
(b) Cost
(a) Per Contract
(h) Par $1110 of Coat
if Policy Period is more than one year, Premium is payable
Endorsements attached to policy at issuance
On Effective date of policy I 1st Anniversary I 2nd Mniversary
tL
CL "3ft Cowip 63q
$ $ 5
Total Premim $ .33
REM
During the past three years no insurer has cancelled insurance, issued to the named insured, similar to that afforded hereunder, unless otherwise stated herein.
R20168D IOM 9$4
Rev. 9305]
copy COA
ROYAL INDEMNITY COMPAI'.]__
I
#3
owafte. tasawds• seed Twos•
slaaafaet uaw and Censacars•
INTERPRETIVE ENDORSEMENT
PRODUCTS — COMPLETED OPERATIONS HAZARD
This endorsement is issued for attachment to and is hereby made a part of the policy designated below and is effective as of
the date indicated, at 12:01 A.M., standard time at the address of the named insured as stated in the policy,
E6ecti"
Daft
It is agreed that the word 'operations • as used in the Products -- Completed Operations Hazard includes any act or omission
in tanneetion with operations performed by or on behalf of the named insured on the premiss or elsewhere• whether or not fps
or products are involved in such operations
This endorsement is subject to all terms, conditions and exclusions of the policy which are not inconsistent herewith.
Signed by u tative
JAY & Rspno
CLOW A• 3.631Z
6741
1 400
ENDORSEMEW
This endorsement is issued for attachment to and is hereby made a
part of the policy designated above, and is effective as of the date
indicated, and at the effective hour stated in the policy, standard
time at the address of the named insured as stated in the policy.
L J
_ THE COMPANY AGREES TO
PROVIDE THIRTY
(30) DAYS NOTICE
TO THE
CITY OF NINIPORT BEACH
IN THE EVENT OF
CANCELLATION OR
ANY
MATERIAL CHANGE IN THE POLICY.
This endorsement is subject to all terms, conditions and exclusions of the policy which are not inconsistent herewith.
Signature o uth R r tive
Ct_10014N- 750M•70/65 'd JAY g RHSIF9P
Comprehensive Geucral— Comprehenwve General - Automobile
Owners , Landlords' and Tenants' Lmbilk,
ADDITIONAL INSURED —LESSOR
This endorsement is issued for attachment to and is hereby made a part of the policy designated below and is effective as of
date indicated, at 12:01 A.M., standard time at theiaddress of the named inured as stated in the policy.
Effective
Date
It is agreed that such insurance as is afforded by the policy for Bodily Injury Liability and for Property Damage Liability
applies to the person or organization designated below, as insured, but only with respect to liability arising nut of the ownership,
maintenance or use of that part of the premises designated below leased by said person or organization to the named insured, subject
to the following additional provisions:
The insurance does not apply:
(1) to accidents which occur after the framed insured ceases to be a tenant in said premises;
(2) to structural alterations, new construction or demolition operations .performed by. or for said person or organization.
The exclusion in the policy relating to liability assumed by contract is replaced by the following with respect to the insurance
afforded to said person or organization:
To liability assumed by said person or organization wider any contract or agreement, but this exclusion does not apply
to the following types of written agreements relating to the premises:
(1) any easement agreement, except in connection with a railroad grade crossing,
(2) any agreement required by municipal ordinance, except in connection with work for the municipality,
(3) any elevator or escalator maintenance agreement, or
(4) any lease of premises agreement.
SCHEDULE
Designation of Premises
( Part Leased to Named Insured)
NEWPORT BEACH, CALIF.
Name of Additional Insured
"CITY OF NEWPORT BEACH"
Premiums
Bodily Injury Property Damage
Liability Liability
$.00 INCL. 2.33
INCL.
This endorsement is subject to all terms, conditions and eulusions of the policy wbfeh ate tmtineonsistent herewith.
CL2186aC• JAY & RgMW
A&G S"6 , P.C.229n
A. ..
333 N. NEWPORT BLVD., NEWPORT BEACN, CALIF.
Telephone Liberty 8.1185
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1
NEWPORT BEACH POLICE;:DEPARTMOT
BURGLARY REPORT • FOAtYt �ffF�'
le V .14
1. DATE B TIME RPTD. TO P.D. `'- "J�T�•Sy'l{J
/27/66 12:1 AM
L DATE ANO TIM[ CRIME OCC YgR[D
6 LOCATION OI OCOYgq[NC[
B. REPORTING DISTRICT
1(25166 4 AM- 1(26(66 11
55 FM Balboa Pier, N.B.
12
FV'60478
T. VICTIM'[ NAM[ (FIRM NAM[ IF ■USIN 6691
B. RES. wDDgESp (BUG. A00. 11 IIRM) CITY ZONE
" �� "
9. REB. PNONE
'Y
X
BALBOA PIER BAIT & TAC
SHOP
--
10. PERSON R[PO RTINO CRIME TO POLIO[ O[PT.
[. Rb(DBMC[ ADDR [p\ STY SONS
p. R[p. PMON[
X
%
Kirk, John C.
879 Oak St., Costa Mesa
646 -1309
x
11. PERSON WHO [ECU REp PREMISES.
p. RESIDENCE ADOR[eS CITY ZONE
9. RES. PHONE
X
9. SUB'. PHONE
n
X
Kirk. Mary C.
of of to
n
12. PERSON WHO OISCOVEREO CRIME
B. RESIDENCE ADDRESS CITY ZONE
P. RES. PHONE
X
9. SUB. PHONE
X
Konkel, Leo G.(policema
) 425 32nd Ste, N.B.
unk
673 -Z211
IS. WITNESSES, NAM[
B. RESIDENCE ADDRESS CITY EONS
9. RES. PHONE
X
9. BUS. PHOHI/
X
I. None
14. VICTIM'S OCCUPATION RACE
15. INVESTIGATIVE BUREAU OR UNITS NOTIFIED (BU. OR UNIT AND PERSON CONTACTED)
Sport fishing store own
r(cauc) See ID report by Ofc. L. G. Konkel(F -unit)
16. TYPE OF PREMISES ENTERED
IT. POINT WHERE ENTRANCE MADE
10. METHOD USED TO GAIN ENTRANCE
1 story bait & tackles
ore Front dr. E.side of bld
. Front door pried open at
19. INSTRUMENT USED (DESCRIBE)
20. TYPE OF PROPERTY TAKEN
21. WHERE WERE OCCUPANTS) (PRESENT "Q,
Pry tool (possibly tire
iron) Sport fishing equip.&
cigarettes Absent
22. SUSPECTS: NUMBER SEX RACE
_
23. TRADEMARKS OF SUBPECY(S): (ACTIONS OR CONVERSATION usp s en ere g,pry
Unk
Off lock on front door, bldg. located at end of pier._
24. VEHICLE USED BY SUBPECT(6): (YEAR. MAKE MODEL - BODY TYPE. COLOR(S) . LICENSE NO. AND IDENTIFYING CHARACTERISTICS)
Unk
21.
SEX
RACE
ACE
HEIGHT
WEIGHT
HAIR
EYES
COMPL. . CLOTHINO
j1
I
NOSP
.,
NAME AND ADDRESS. IOCNTIi(ING MARKS AND CHARACTERISTICS.
20.
SE[
RACE
AGE
HEIi HT
WEIi
HT
HAIR
I EYES
COMPL.
CLOTHING
BYB P.
I
I 1 ]
I
1
NO. 2
I{
I{
NAME AND ADDRESS, IDENTIFYING MARKS AND CHARACTERISTICS.
.I'
Suspect(s) unk. entered victims building y prying open ont o in
Susp(s) then removed and carried away below described property from inside sto
Physical evidence obtained - See ID Report by Ofc. L. G. Konkel (F -Unit)
Susp(s) entered victim °s business builds by prying the front door open with
a pry tool (possibly a tire iron). Susp(s) then entered store and removed a•ad
carried away victims property displayed on stores shelves. Victim is unable to
determine the exact amount and type of property taken. The obvious items were
fishing reels, cigarettes, fishing line, knives, and a tackle box. Approx.,
$2.00 in pennys were taken from the cash register which was left open. During
the winter season the store operated on weekends only. The victim's wife chec
ed the premises 2 days ago. The store burglar alarm has not been in,
operating condition for the last month. Victim states he will file a supplement
report after he has taken a complete inventory of the property stolen.
Proper ty taken: (Fishing reels have no serial numbers)
1. Fishing reels, approx 30, three brands (Penn- Quick - Roddy's) Val.(approx.)
$800.00
2. Cigarettes - (12) cartons of Kent and Raleigh brands. Val. $25.00
3. Knives (amt unk) fishing type, unk brands. Approx Val. $50.00
44. Fishing line (amt. unk) nylon type; Golden Dot brand - 2 large spools Val.
21. SUPERVISOR APPROVING BADGE NOR
°Elqm RTONG B1(7 G( Ij((j• `
29. PERSON REPORTING CRIME
• E. A. Lauri, Lt.
120.
i]i(jY!lsh
Ix
I
I
NEWPORT BEACH POLICE DEPARTMENT
CONTINUATION SHEET
IN"
OOAM
PAGE N..
2
TYPE OF REPORT
BURGLARY - COMMERCTAL
PROPERTY No.
BOOKING X&
OR Ne.
66 -80478
$25.00
5
Fishing poles, unk brands and amount. Approx. Val. $100.00
Total Value $1,000.00
I
T
i
�s
}
FOR" 215 CONTINUATION SHEET
1�
May 3, 1966
Mr. John Charles Kirk
1004 Oak Street
Costa Mesa, California
Dear Mr. Kirk:
Enclosed is a copy of the license agreement dated April 26,
1966 between the City of Newport Beach and Noel M. and
Betty Lou Phoenix for operation of the Newport_aud Balboa
Pier concessions, in which you agree that on the effective
date of subject agreement, the license agreement for con-
cessions on the Balboa Pier dated January 4, 1966, between
you and the City, shall be cancelled.
f
Yours very truly,
lcl
Encl.
MARGERYSCHROUDER
City Clerk
City of Newport Beach
Laura Lagios
Deputy City Clerk
VU I- mec
12 1/65 (8)
r
i
1 j LICENSE AGREEMENT
2 ` BALBOA _ -: __ER
3 THIS LICENSE AGREEMENT is made and entered into this
4� ��, day of January, 1966, between the CITY OF NEWPORT BEACH, a
5 municipal corporation, hereinafter referred to as "City ", and JOHN
6 CHARLES KIRK, hereinafter referred to as "Licensee ";
7 WITNESSETH:
8 WHEREAS, the City is the owner and is in possession and
9 control of a certain pier known as Balboa Pier located in the City
10 of Newport Beach which extends into and over the waters of the
11 Pacific Ocean at the extension of Main Street, which pier is used
12 by the general public for the purpose of fishing and other
13 recreation; and
14 WHEREAS, it is the opinion of the City Council that it is
15 advisable that the operation and maintenance of the lunch stand and
16 live bait concession currently in operation on said pier be con -
17 tinued for the use and convenience of the public and all persons
18 using the pier for fishing and recreational purposes;
19 NOW, THEREFORE, in consideration of the payments herein -
20 after specified and the faithful performance of the other covenants
21 of this agreement by Licensee, City hereby grants to Licensee a
22 license, privilege and right of operating a lunch stand and live
23 bait and tackle concession on said pier and in that portion of the
24 building on said pier now occupied by Licensee for a term of three
25 (3) years beginning January 1, 1966, for the sum of One Thousand
26 Nine Hundred Twenty Dollars ($1,920) per year, during the term of
27 this agreement as follows: One Hundred Sixty Dollars ($160) per
28 month on the first day of each month, commencing January 1, 1966.
29 Said license and privilege herein granted are subject to
30 ( the following terms, covenants, and conditions:
31 1. Conduct of Business.
32 I In conducting said businesses of lunch stand and live
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bait and tackle concession, Licposee shall obtain and the operation
shall be subject to the contt'.n ing approval of the Health Departmen
Licensee shall obtain all necessary licenses from the City of
Newport Beach to conduct the businesses on said pier.
2. 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 prem-
ises 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.
3. 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.
4. Utilities and Sewerage.
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 pay
the same fees, rate or rates as any other occupant. 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 Department in the operation
of the businesses. Licensee shall make arrangements for such other
utility services as are necessary for the operation of the busi-
nesses, and shall promptly pay all charges for utilities when due.
5. Maintenance and.Repairs.
The building and the pipelines, conduits, electrical
equipment and other equipment used for the purpose of storing and
2. '
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4.
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251
26'
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31�32
0
C1
selling live bait on said pier are the property of City. Licensee
agrees to keep the building and all of said equipment in good con-
dition and repair to the satisfaction of the City and shall, as
necessary, replace any such equipment at his own expense and shall
turn the above - mentioned equipment over to City at the end or other
termination of this license agreement in as good condition as it is
at the time of execution of this agreement, reasonable wear excepted
It is understood and agreed that City need not replace the building,
the pier or any part thereof or any of the City equipment used in
(connection with Licensee's operations under this license agreement i
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, he may ter-
minate this agreement by giving thirty (30) days' written notice to
the City. If any such damage or destruction should occur and
Licensee undertakes the repair of said pier, building or facilities,
This obligation to pay rent shall be suspended for the period of
time his business operations are completely and necessarily susp
but not to exceed ninety (90) days.
6. Independent Contractor.
City shall have no interest in the operation of the lunch
stand or live bait and tackle concession and shall not be responsi-
ble 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 and tackle concession. It is understood and agreed that
JLicensee operates both the lunch stand and the live bait and tackle
concession as an independent contractor.
7. Public Liability Insurance.
Licensee agrees to hold harmless and indemnify City agains
any and all claims, losses or liability on account of any injury,
loss or damage to persons or property claimed, suffered or sustained
3.
51
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7
a
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n
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•
in or around the premises where the lunch stand and live bait and
tackle concession are concucted, by reason of the operation, use or
loccupancy of the pier by Licensee. Licensee further agrees to main-
tain at all times t1hrou, bout t're term of ti:is license agreement
public liability insurance in t_Ze amount of $500,000 for injury to
lone person, $1,00,000 for injuries in one accident, and $100,000
for property damage, in whit policy or policies of insurance City
shall be named: as an additional assured. Said policy or policies
shall contain an endorsement providing; that the insurance company
shall not cancel sucli policy or policies without thirty (30) days'
prior written notice to City and that t'le City is not liable for
Itle payment of any premiums or assessments on said policy or pol_cie:
v. Compliance with all Laws.
Licensee agrees to operate tine businesses for the term of
tiis agreement and to comply wit.: all laws, rules and regulations
of the City of Newport Leach, State of California, and the Federal
jGovernment in his occupancy of and tiie operation and corn G.uct of his
businesses on said pier.
9, 'ier Area.
Licensee furti:er agrees to keep tae deck of the pier in a
clear: concision at all t'i_mes t:roughout the term of this license
agreement to the satisfaction of the City Manager. Licensee agrees
I
to permit only one veiiicle owner and operated by slim or his employ-
ees at any one time on t'_e pier for serving iris businesses and to
take reasonable steps Co prevent vendors from driving vehicles on
26 k the pier.
28
,. 29
30 and repair of t_,e building and equiprzens or fails to 'seep the
31 �I dCCr. of t:le pier in a clean COndit20T1, the City ]ianarf;eY S_1a11
1�
32IIinot %y 'tide Licensee by certified mail of suCi "1 failure, and if
i
13. Failure to Maintain and Repair.
If Licensee fails to comply with the requirements of
apes 5 and 9 of t:s agreement with respect to maintenance
. — JPD:.jc
1/1
66 (8)
1I ADDENDUM:
2 Section 10 of the Agreement entitled "LICENSE AGREEMENT
3 BALBON PIER" is hereby., amended to read as follows:
10. Failure to Maintain and Repair.
4
5 If Licensee fails to comply with the requirements of paragraphs 5
6 and 9 of this agreement with respect to maintenance and repair of the
7 building and equipment, the City MauWr shall notify the Licensee by
8 certified mail of such failure, and if the deficiencies are not corrected
9 by Licensee within five (5)'`days following the receipt of the notice the
l0 City Manager may proceed to have the work done and the Licensee shall be
11 obligated to reimburse the City fo .'the costs thereof. Failure.on the
12 part of the Licensee to reimburse the City for such .costs within thirty (30)
13 days of receipt of such billing shall result in automatic termination of this
14 agreement. In addition, if Licensee shall fail to keep the deck of the.pier
15 in a clean condition, the City Manager or his agent shall verbally,notify
16 the Licensee of such failure, and if the deficiency is not corrected with -
17 in twenty -four (24) hours following such notification the City Manager may
18 proceed to have the work done and deduct the expense for same from a
19 twenty -five dollar ($25.00) cash deposit which the Licensee shall deposit
20 with the City for this specific purpose.
21
27 I approve the above amendment of Section 10 of the aforesaid agreement:
23
(Licensee);
24 ( T.
Dated this b day of. 1966.
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fl2}
RZOi,Min ills. 6275-
A RESOLUTION gy TUE CM COUNCIL OF THE GI'j"t
OF SEUPORT 04CH AiiTttORIZI G iU W-CUTION (W
A LICENSE wITIi joHw CHARLES KIRi
WHOUS, t`t.zra hNs been presented to that City Council of
the City of IteWrt teach a certain License Agreempat between the
City Of Ntv,IPOrt Asach and John awrlea Kirk, wherein the City
grants to John Ctatrles Kirks license, privilege and right of
operating a lunch stand W14 live ball and tackle conces -on or,
the BalLoa Pier for a term of three year@ beginning January 1,
1966; and
IUM. Lhe City Council ims considered the terms and
conditions of said agreezont anti found them to be fair and
- -cuitabls;
NMo TI'L6IiEYME, BE IT IiUOLVED that the Mayor and City
Clerk ese hereby Authorized and directed to execute said agree -
t on Whalf of the City of Newport Beach.
ADOPTED this 10th day of January , 1966.
AI TEST:
5
City CL er
TO: Finance Director
FROM: City Clerk
SUBJECT: Contract
0
Date January 14, 1966
Contract No. 1017
Authorized by Resolution No. 6275 adopted.on January 10, 1965
Date Mayor and City Clerk executed Contract January 13, 1965
Effective date of Contract January 4, 1966
Contract with
John Charles Kirk
Address Main Street and Ocean wont
Balboa, California
Brief description.. of Contract License Agreement Balboa Pier
Amount of Contract $1920 per year
City Clerk
�Vd
F
h
• CITY OF NEWPORT BEACH 0
CITY ATTORNEY
DEPARTMENT
January 4, 1966
To: City Clerk
From: City Attorney
Subject: License agreement for concession on Balboa Pier
Attached are three copies of the subject agreement with John
Charles Kirk dated December 31, 1965 which has been revised
as requested by the Council at their meeting on December 27,
1965. The original and two copies have been delivered to the
Administrative Assistant for execution by the licensee.
We also have redrafted the resolution authorizing execution of
this agreement. Said resolution is attached and should be
substituted for the one previously sent to you.
'1 /
Tull, Seymour/
City ttorney �l
THS :aem
Attach.
cc: City Manager (Attach.)
(Attu.: Administrative Ass't.)
VIJ �v .._ -.
_G� �
FILE:
0
RECEIVED
CITY CLERK
CITY OF
NEWPORT BEACH,
CALIF.
nr"
�
E
CITY OF NEWPORT BEACH
OFFICE OF THE CITY MANAGER
TO: CITY COUNCIL
FROM: City Manager
SUBJECT: LEASE OF BALBOA PIER CONCESSION
0
December 23, 1965
)�,6
The existing license agreement with Mr. John C. Kirk for the oper-
ation of the lunch stand and live bait concession on Balboa Pier expires
December 31, 1965. The existing agreement calls for the payment of $100
per month plus 5% of the gross receipts over $24,000 in any one year. The
total average annual revenue derived from this agreement during the last
five years has been $1,340.76. This reflects a monthly average payment of
$111.73.
As Mr. Kirk has operated the Balboa Pier concession in a satis-
factory manner for over ten years, it would probably be to the mutual advan-
tage of the City and Mr. Kirk if we entered into a new concession agreement.
A new three -year agreement has thus been prepared for Council consideration.
The basic change made in the new agreement is to eliminate the cumbersome
and costly bookkeeping provision regarding the retention and inspection of
gross receipts records, and provides for a flat monthly payment for the
privilege of operating the pier concession. The new agreement calls for a
flat monthly rental of $160, or an annual rental of $1,920. This represents
a percentage increase of 43.2% in revenue over the average rental monies
received during the last five years.
The new agreement will have been signed by Mr. Kirk and will be
ready for Council action on Monday. /
COUNCIL:
1�? HARVEY L. HURLBURT
DISPOSITION:
HLH /JPD /mjc c.n V_ ,/lam C,4 1_J
FILE: Q
0
CITY OF NEWPORT BEACH
CITY ATTORNEY
DE AR NT
To: City Clerk
-From: City Attorney
0
December 23, 1965
Subject: License agreement for concession on Balboa Pier
The attached resolution, if adopted by the City Council, will
authorize the execution of a license agreement with John Charles
Kirk for the operation of his lunch stand and live bait concession
on the Balboa Pier for a term of three years beginning January 1,
1966.
Transmitted are three copies of the proposed agreement. The Ad-
ministrative Assistant advises that he anticipates having the
agreement executed by the licensee prior to the Council meeting
on December 27, 1965, and requests that the matter be presented
to the Council for consideration at that time.
Tully H. Seymour
THS :mec City Attorney
Encs.
cc - City Manager
(Attn.: Administrative Ass't.)
AS POSITION:
.r.!
— I ma
RECEI 710I \
CITY CLERK
DEC 2 4 1965 L
CITY OF
NEWPORT BEACH,
CALIF.
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..I t, day of January. 19"1, baCerme the CITY tip X WhR7 T WACH, a
zmAMfaipal corporation. herelnsf r referred to as "Vity", and JOW
CRAILUS KW, hereinafter referred to as "licea*ee ";
i�hSd55E"Pih s
WMNUS, the City is tfie orner and is in possesoiam and.
control of a eomTAIn pier as 'Balboa pier lm*W in the City
of ROAVOrt Beach which extando into and ever the waters of the
Pacific Oat at the extension of Maim Staeat, which pier is used
by the Bowl public for the purpose of fishing and other
recrestion= sad
iiihOLUS, it is the opinion of the City counou that it is
advisable that the operations and maintenance of the lunch stand sod
1:v* bait coosaastoa currently in operation an maid pier be am-
tinned for the nee and convenience of the public MW all persons
using the pier for fishing and rearenticael purposes;
lMs, THEREFOILEO in caesideratien of the payment* herein-
after specified and the faithful performance of the otbar covenants
of this agsara*want by Licensee, city hereby grants to Utesnses a
license,
privilege and right
of operating a
lumah stand and
live
bait and
tackle oon►aessioa on said pier and
in that portions
of the
building an said pier now occupied by Ueensoe for a torn of three
(3) years beginning January 1, 1966. for the noa of One Thousand
Nine aw'dred Twenty Dollars ($11920) par years, during the tarn of
this agreement as follows One HurAred Sixty Sollars ($160) per
moth an the first day of each month, ae.eeacing Janumsy 1. 1%6.
Said license and privilege herein granted are subject to
the folloving.terms. covenants, and coaditionss
1. �.aenduot of Buunix►ss*.
in conducting said businesses of lunch stand and live
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haft tackle ooncsea Ups Uemses shall .obtain and the 0 Motion
S a21 % M*Joct: to ties i 0abuing Of the 16010 �epaxteesnt
Licensee shall obtain all eite�tsery licenses free *a City of
Newport Beach to .am"Unt the busttaMsaa as said Per.
2. Assi t,
This llamas agr shall not be Gold, Saslamed, trams.
Ferrell, WAWIW0@4a paged or hypotbaeatsd by without the
prior written eokso at of City, note shou "amses ,"Ist Me prom.
is" or any Part the"Of or permit the ease to be O i.ed by any
10 otter person whomsoever without the prier written aipawal of City
11 first hed and obtained.
12 30 &atomstic 1'ermin4Aieat.
13 In the event of voluntary or involuntary bdakrUptray or
14 inSOILWAtry of Licensee, said banitruptcy or.%peolvency sbA11 auto•
15 mstically terminate this license and it shall not beaease so asset
16 of Licensee or any referee or assignee in such insolvency or bank -
17 rupfty proceeding,
18 4. M ttiss d IglU rs.
19 Newport beach water is available to the building on the
20 pier. Licensed shall be entitled to water service Under the saga
21 1 terms ae any other oaaupent of promises in the City and shall pay
22 the same fame, rate or rates as any other occupant. Newport Beach
23 "war service: is not available to the building on the Piero'
24 Ltoannsee shall psrovide and malatain at its sole cost sad *:poets*
25 any cheetioal toilets and other apppurtt epipment for sewage
26 disposal required by the County 11rralt h 'itepartfgat in the oporation
27 of the businesses. Licensee shall make arrangements for such other
28 utility serYifOS u are necessary for the operation of the busi-
29 nesses, and shall promptly pay all charged for utilities when dua,
30 5.a towesce ors.
31 The building sad the pipelines, conduits, *lectrical
1 selloff liars @alit 04. said pisg a 'tb a, property of Utti Liaefesee
2 agrees fro keep V.w building afad .. 1 of said equLpmmt in good em-
3 dition and repair` to the satlo� ion of the City and shall., as
4 faeeessarg, replace IrAh equipment at his own eupsus+` and shall
5 ' turl jbo; e- "nt.iOW4 'pMtpoent o~ :to City at the and or other
6 terminal c+n of this licevj� a reagent in as good condition as it is
7 at the time of esscultion of, this egrement, reasonable wear e:cepte4
8 It is understood &at agreed tlWrt. city n"A, not r pla" the building
9 the pies or any part thereof e y of the City egffLP11Wnt used in
10 cartnection with Licensee's operation under this license agrssmeant
11 case the same should be destroyed by firs, accident, catastrophe or
121 other cause. Should the lding,.pier or said.opipffeent be so
13 den"Ad or damaged to the extent Licensee finds it au"Onasrieal t
14 repair tame ,same and continue to operate the 6usinesaes, he miay tar -
15 falnate this agreement by giving thirty (39) days' written,notice to
16 the City. If any such damigs or destruction should occur and
17 Licensee undertakes the repair of said .pier, building or faeilitias,
18 his obligation to pa y rent shall be suspended for the period of
19 time his business operations are cmVjotely amd necessarily Ieispeuds
20 but not to emceed ninety (90) days.
21 6. Indent Gmtractor.
221 City shall have no interest, in the afperation of the lunch
23 stand or live bait and tackle concession and shall not be responai
24 ble for any imjury or damage to the person or property of Licensee
25 suffered our sustained in the operation of the lunch stand or dive
26 bait and tackle cofossion. It.ie understood and agroad that
27 Licensed operates both the lunch stand and,the live boitl nod heckle
28 concession as an independent contractor.
29 7. Public „Ugbility Insure 'e.
30 Licensee agrees to hold harmless and indeamify "City againf
31 any and all chiles, losses or liability on account of any injury,
32 loss or damage to persons our property el.almd, suffered or sustainer
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in or around the promises wbara the Lunch aten8 and live bait sad
tackle eeateeaaiaq are ecnduceied, in We&# i of the epexsntiea, nee or
,Oct y of the pier by Licensee. fsicensee further. Agrees to main-
tsin at all times throughou!`';I;W term of this lid agreemeat
public liability insurance in the,.aeonunt of $500;00 for injury to
am pesos, $1,0000000 for injuries !u one accident, and $1001,000
for propertyr. age., is which pol!d ' -im polishes of Insurance City
shall be named.as as additional assured. Said poliaY or policies
shall contain at ,endorsement providing that the itnsuraacs te pRny
shall not cancel such policy or policies without thl 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 policie
8. M ace with all i.ags.
Licoe*ee agrees to operate the businesses fog the trim of
this agft*W stt and to comply with all laws, rules and regulations
Of tbs City of Newport beach, State of California, 'and the paderal
Govesament in his occupancy of and the operatiom and conduct of 'his.
18 11 businesses ou said pier,
19I !. pier Area.
20 Licensee further agrees to keep the deck of the pier in a
21 clean condition.at all times throughout the tars of this license
22 4 gr0e0140t to the satisfaction of the City Manager. Licensee agrees
23 to permit only one vehicle owned and operated.by him or his employ -
24 egg at any one time on the pier for aerving' his businesses and to
25 take reasonable steps to prevent Vendors from driving vehicles on
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the pier.
10. F-a lmre to haintsip.and R flair.
If Licensee fails to comply with the regairmseents of
paragraphs 9 and 9 of this agreement with respect to maintenance
and repair of the building and equipowt or fails to keep the
deck of the pier in a clein condition, the City Manager shall
notify the Licensee by certified mail of such failure, and it
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the do4waticies are not corvisted by within fiw, .(5)
days tollowi ft the of the notieeei " City Hamarm may
proceed to have the vock ejpe and the Livens" shall.M obligated
to roimburss the City for t o G*sts'tbereof.
h. Terns
It is understood and d'tbat`tto City COWWil msyj
upon thirty (90) days" written notice, terminate tb" license agres-
Umt for any r"Son. Lift"esoe way terminate far: 4fty reason upon
8ivift sixty (60) days' w>t4w'P notice to the City. VOM jwmgjkina-
tion, all right* of Licensee stall end and Licensee sUli within
thirty (30) days after the date of termination 2e11j*6 all equipment
and materials belongins to his and, in the eventlle fails to do so,
all equipment and materials remaining shall be desmsd absWkmed by
him and shall basome the property of City, Keith full "Wei and
authority to central, use or depose of the ssam. in -*Sao of
termination$ Licenses shall have no obligation to `pay sent At say
time subsequent to the date of teesination,
12. ,AiWaistrat&M of Vie*
For the purposes of the admiaistratibn of fbis license
agreement by tbo City, "City" abw11 wean the CIO Kmnager "+ad any
officer and emplayea of the City of Newport Deaeh authorlsod by him
to administer the contract. if Licesnsae is dissatisfied with any
action or decision of the City, tAcensse may take the iiilatter to the
City Council for review. The decision by the City Common is final.
IN #tL MUS ]tip, this panties haw executed this &Was
meat as of the date first above written.
CITY 48 WfiPMT
•TTIST:
Sy
r CITY
LICESSS�
S.
.JPD: Jc - ., 10
1p ADDENDUM:
2 Section 10 of the Agreement entitled "LICENSE AGREEMENT
BALBOA PIER" is hereby amended to read as follows:
3
4 10. Failure to Maintain and Repair.
5 If Licensee fails to comply with the requirements of paragraphs 5
6 and 9 of this agreement with respect to maintenance and repair of the
7 building and equipment, the City Manager shall notify the Licensee by
8 certified mail of such failure, and if the deficiencies are not corrected
9 by Licensee within five (5) days following the receipt of the notice the
10 City Manager may proceed to have the work done and the Licensee shall be
11 obligated to reimburse the City for the costs thereof. Failure on the
12 part of the Licensee to reimburse the City for such costs within thirty (30)
13 days of receipt of such billing shall result in automatic termination of this
14 agreement. In addition, if Licensee shall fail to keep the deck of the pier
15 in a clean condition, the City Manager or his agent shall verbally notify
16 the Licensee of such failure, and if the deficiency is not corrected with -
17 in twenty -four (24) hours following such notification the City Manager may
18 proceed to have the work done and deduct the expense for same from a
19 twenty -five dollar ($25,00) cash deposit which the Licensee shall deposit
20 with the City for this specific purpose.
21
22 I approve the above amendment-of Section 10 of the aforesaid agreement:
23
24 (Licensee)
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Dated this day of , 1966.
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SA VmftA
TM iriCil X AGUMOUT is made and entered issto this
daY si teary, .1468, between the CM W WNWM WZR, a
mussiciysl corporationj.l�i Yii�aafteat wes'awtd.te 1 'pity ", sad Jam
CHOUS 1=, hereinafter x
ah�al,.4sa ate "j.Leansee "I ,
WHMEAS, the City is mdse. ownar and is io irossessiars and
conta�ai.of s certain pier known as ibalboa Pier locatsd in the City
of Newport kirsch which extends into and over the waters of ties
Pacific Oeesa At the extension of Mal a $treat, obleb pier is used
by the general public for the purpose of flahiasg' and other
reareationj and
tiMAB, it is the opinion of the City Council theta it is
advisable that the operation and waist " of the luac a stand and
lire bait concession currently in operation an acid pier be eo+n-
tinuod for the .u" =4 convenience of €lee public and all pasrsanss
utsiaag ties pier for fishing and reoredtioaal rurposas i
taws IMMIM&, in consideration of the Payments ho"Is-
20 after specified and the faithful perform"* of the other Covenants
21 of this agreeesnt by Licenesaw City hariby 9auts to Liceeese a
22 license, privilege and right of operating a lunch stand and lira
23 bait "& tackle concession on laid pier aid „ian that portico Of the
24 building on said pier now occupied by Lieenses for s term of three
25 (1) years beginning January 1, 1966, for the suia of Ora Thousand
26 Nine amndred Twenty Dollars ($la920) per Yasar, dstring the term Of
27 this agrees nt as follow a We Ruadse8 Siaetp Dollars ($180) per
28 maath can the first day,of arch moeth, Commmasing January It 1986.
29 Said liaeasse and privilaga baeaeain granted ass subject to
30 the following Comas, cowaasats, and coanditieosa
1 ba4 tackle conaossi0sR Wassee small obt&"'& the operation
2 shall be subjsat to the aoo i approval of tut health bmrartman .
.:. Licensee shall obtain a17. nocessaury liaea*es from the City 'Of
4 Opprort Beach to conduct the basisrlsoes oa:said pies.`
5 $ •i isnoealt
6 ' hie license agreement shall not be s*IA* assigned, MAO-
7 fogreds mortgaged, .pledged or hypoth"atod by Llae:nsee WitbMt tht
a prior written consent of City, nor shall 1aensse sublet the prom-
9 ' is" or any ;art thereof or permit the sme. to be oosttried by any
10 other Parson whomsoever without the prior written tlpproval of City
11 .first had and obtained.
3. Automatic Ter-almation.
13 In the event of voluntary or involudtaxy.-boaknvtoy or
14 insolvency of Licensee, said bankruptcy our insolvoway shall auto -
15 matically teruataato this bases* and it shall not beasma an asset .
16 of Licenses or any referee or assignee in such insolvency or bask -
17 ruptcy prMeadiag.
18 4. Mlittgg SM Sommago
19 art Beach raster is available to the building on the
20 pier. Licanaes shall be entitled to water service Lander the same;
21 term as any other occupant of promises in the City and shall pay
22 the same foes, rate or rates as any other oescur pant. Newport !leach
I
23 sewer service is not available to the Wilding on the pier.
24 Licensee shall provide and maintain at its sole asaet and expense
25 any chemical toilets and other appurtenant equipment for sawrage
26 disposal required by the County stealth aparCmsat: Lim taw operation
27 of the businesses. Liconsea shall oaks its for sash otter
28 utility services as are usaessary for the operation of the busi-
29 nesaes, and shall proeaptly pay all charges for utilities when due.
30 50 Minteaa e! and Aemairs.
31 The building and the pipelines, sendulfts electrical
32 equipment and other equipment used for the purpose of storing and
1 selling live bait on said $,er are the property of City, Licensee
2 degrees to keep than buildinty td all of soid.isqui0ftint IS .good con -
3, diCieq and repair to the satil9faction of the City A" shall, as
4 neceeag , replace any such aquip eat at his own expense and absll
5 tarn the above- Msttipneel. s"ipaMS t. Over to City aC the and or other
6 termination of this l m &Wement in as'good condition as it is
7 at the time of execution -'Ws agreement reasonable wear, a =eptod,
8 It is undo satood and agt"d that City need not replace the building,
9 the pier or any part thereof or'sny of the City equips"t used in
10 connection with 'Licensee's operations under this license agreement
11 case the samms should be destroyed by fire, accident, catastrophe or
12 other cause. Should the building, pier or said equipaent be so
13 destroyed or damaged to the extent Licensee finds it uneconomical t
14 repair the same and continue to operate the businesses, he may tar -
15 urinate this agreament.by giving thirty (30) days' written notice to
16 the City. If any such damage or destruction should ocEtdc- and
17 Licensee undertakes the repair of said pier, building or facilities,
18 his obligation to pay rant shall be suspended for the period of
19 time his business operations are completely and necessarily suspends
20 but not to exceed ninety (90) days.
21 Ii 6. Independent Conalctor.
22i City shall have no interest in the operation of the lunch
i
23 stand or live bait and tackle concession and shall not be responsi-
24 ble for any injury or damage to the person or property of Licensee
25 suffered or sustained in the operation of the lunch stand or live
26 bait and tackle concession. It is understood and agreed that
27 Licensee operates both the lunch stand and the lime bait and tackle
28 concession as as independent contractor.
29 7. Public Liability Insurance.
30 Licensee agrees to hold harmless and indemnify City againe
31 any and all claims, losses or liability on account of any injury,
32 loss or damage to persons or property claimed, suffered or sustainec
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9. Pier Area,,.
Licensee furtbsr, agrees to Hasp the deck of the pier in a'
clean condition at all times throughout tha germ of this license
agreement to the satiate ction of the city Manager. Licensee agrees
to permit only one vehicle owned and operated by bin or his employ-
"a at any sae
time on
the pier '
for serving his businesses and'
to
take reasonable
steps
An or aramrctd tLe premises whe the lunch icsnd "and ltvs bait and
2
tackle osacassion are conducted, by reason ad` the Operation, use or
3
occ p of the PLOW bar Litanse•.: Liecup s furtber agrees to lain-
..
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fain of t11 fleas throe the of this license aaree�nt
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public liability insurance in tbae amount of OMAN for injury to
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*" parson, $100000000 for injuries in one aoci t, and $1000000
7
for 0"ptrtY age, in which policy or "Ueias of insurenes.-Gity
8
shall be named as an additional aisvrsd`. Said policy or, policies
` 9
shall contain as endorsement providing that the insaswee company
10
shall not del such policy or policies without thirty (30) days'
11
Prior written notict.tc City and that the City is not liable for
12
the PaYment of any Premims or assessments an said policy.or policie
13
8. CoWlianco with all Laws.
14
Licensee agrees to opsrato the businesses for the term of
15
this Agreement and to comply w1%b all lam, rules and regulations
16
of the City of wort Hssblt., Statue of California, and the rederal
17
Government in his occupancy of and the operation and conduct~ of his
18
businesses on said pier.
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9. Pier Area,,.
Licensee furtbsr, agrees to Hasp the deck of the pier in a'
clean condition at all times throughout tha germ of this license
agreement to the satiate ction of the city Manager. Licensee agrees
to permit only one vehicle owned and operated by bin or his employ-
"a at any sae
time on
the pier '
for serving his businesses and'
to
take reasonable
steps
to prevent
vendors from driving•vebicles
an
the pier.
10. Failure to tWiat sin and Iftwir.
If Licensee fails to comply with the, requirements of
5 and 9 of this agreement with respect to maintenance
and repair of the building and equipment or fails to keep the
deck of the pier in a clean condition, the City !tanager shall
notify the Licensee by certified mail of such Failure, and if
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tb A deficiencies are 44*,Oorrected by Licenses Witma Ave (5)
dam below!" the r*ceiPWIW the notice the City V.MmVr 'my
Procead.t* have the work doue-and the Licensee shall be obligated
to redubtirse "o City for the coatetheroef.
11.
It is undorstood'ind agreed that 06 Citi*COWGil Says
upon testy (30) days' written notice, taxainate this Uses" agree-
ment for any reason. License* may terminate for any veason upon
giving sixty (60) days' written notice to the city# upon termina-
tion, all ..rights of-Licans" aball and and Licens" shall within
thirty (30) days after the date of tondAation remove all equipment
444 materials belonging to him;smd." in the event to -fails to do so
all *q%Apment.&W*=st*rials remalating shall be deemed abandon" by
.his and sball• become the property of City, with full poor and
authority to cantrole use or4tepoes of the same. In `ease of
termination, Lice"" shall have no obligation to pay rent for any
time subsequent to the date of teviaimatioa.
12.
!or 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 "ort Beach authorised by his
to administer the contract. If License is dissatisfied with any ,
action or decision of the City, Licensee may take tine matter to the
City Council for review. The decision by the City Council is final,
IN WITMS is Y, the parties have executed this agree-
vient as of the data. first above written.
ATrE$Tt
C&ty clerk
3.
CITY OF XWMT am
By
mayor
CITY
WWWWM���
JPD: ij c
=1 /1 66 (8) • •
1 ADDENDUM:
2 Section 10 of the Agreement entitled "LICENSE AGREEMENT
BALBOA PIER" is hereby amended'to read as follows:
3
4
10. Failure to Maintain and Repair.
5 If Licensee fails to comply with the requirements of paragraphs 5
6 and 9 of this agreement with respect to maintenance and repair of the
7 building and equipment, the City Manager shall notify the Licensee by
8 certified mail of such failure, and if the deficiencies are not corrected
9 by Licensee within five (5) days following the receipt of the notice the
10 City Manager may proceed to have the work done and the Licensee shall be
11 obligated to reimburse the City for the costs thereof. Failure on the
12 part of the Licensee to reimburse the City for such costs within thirty (30)
13 days of receipt of such billing shall result in automatic termination of this
14 agreement. In addition, if Licensee shall fail to keep the deck of the pier
15 in a clean condition, the City Manager or his agent shall verbally notify
16 the Licensee of such failure, and if the deficiency is not corrected with -
17 in twenty -four (24) hours following such notification the City Manager may
18 proceed to have the work done and deduct the expense for same from a
19 twenty -five dollar ($25,00) cash deposit which the Licensee shall deposit
20 with the City for this specific purpose.
21
22 I approve the above amendment -of Section 10 of the aforesaid agreement:
23
(Licensee)
24
25 Dated this day of 1966.
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