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HomeMy WebLinkAboutC-1038 - Newport & Balboa Pier concessionsROYAL GLOBE INSURANCE COMPANIES CERTIFICATE OF INSURANCE rJOEL PHOENIX DBA: NEWPORT -1 F JAY & RENFRO Nerved BALBOA PIERS CONCESSIONS Insured 819 CONGRESS STREET Producer NEWPORT BEACH, CALIF. Address COSTA MESA, CALIF. L _J L J The policies indicated herein apply with respect to the hazards and for the coverages and limits of liability indicated by specific entry;= herein, subject to all the terms of such policies, This certificate is issued as a matter of information only and confers no rights on the holder and imposes no liability upon the Company. COMPANY '' ROYAL IND. CO. DATE•.- 1/14/69 HAZARDS POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE COVERAGES AND LIMITS OF LIABILITY _ BODILY INJURY LIABILITY PROPERTY DAMAGE LIABILITY EACH PERSON EACH ACCIDENT EACH ACCIDENT AGGREGATE General Liability Premises -Operations RLU- 257418 2/1/69 2/1/70 , 500 .000 s SI6d� LIfa� s ,000 Elevators $ ,000 5 ,000 s ,000 Independent Contractors s ,000 S ,000 1 ,000 s ,000 Products - Completed Operotions s ,000 s ,000 S ,000 S ,000 AGGREGATE♦ s ,000 Conlractuol -os described below s ,000 S ,000 s ,000 s ,000 Automobile Liability Owned Automobiles. $ ,000 s ,000 $ ,000 Hired Automobiles' - s ,000 5 ,000 S ,000 Non -Owned Automobiles s ,000 s ,000 S ,000 Workman's Compensation COMPENSATION- STATUTORY -STATE (S) LOCATION AND DESCRIPTION OF OPERATIONS, AUTOMOBILES, CONTRACTS, ETC. (FOR CONTRACTS, INDICATE TYPE OF AGREEMENT, PARTY AND DATE.) BALBOA PIER, NEWPORT BEACH, CALIF. MC FADDEN PLACE PIER NEWPORT BEACH, CALIF. F CITY OF NEWPORT BEACH, Issaed At The Request Of L CL -20798 D TSM SETS (6) 4 /e8 os53 I This is to certify that the Company named herein has. issued to the Named Insured the policies listed above. M M J PpV AL- L(Og ROYAL GLOBE COMPANIES INSURANCE CERTIFICATE OF INSURANCE F— NOEL PHOENIX DBA: NEWPORT 1 F—JAY & RENFRO Nomad BALBOA PIERS CONCESSIONS Ineu.act 819 CONGRESS STREET a Address COSTA MESA, CALIF. L Producer NEWPORT BEACH, CALIF. _J L JF The policies indicated herein apply with respect to the hazards and for the coverages and limits of liability indicated by specific entry herein, subject to all the terms of such policies. This certificate is issued as a matter of information only and confers no rights on the holder and imposes no liability upon the Company. —I COMPANY .. ROYAL IND. CO. DATE 1/14/69 HAZARDS POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE COVERAGES AND LIMITS OF LIABILITY BODILY INJURY LIABILITY PROPERTY DAMAGE LIABILITY EACH PERSON EACH ACCIDENT EACH ACCIDENT AGGREGATE General Liability Premises - Operations 5 .000 s ,000 s ,000 f ,000 Elevators $ ,000 S ,000 5 ,000 Independent Contractors s ,000 5 ,000 $ ,000 S ,000 Products - Completed Operations 5 ,000 S ,000 $ ,000 $ ,000 AGGREGATE♦ $ ,000 Contractual-as described below $ ,000 5 ,000 S ,000 $ ,000 Automobile Liability Owned Automobiles $ ,000 S .000 $ ,000 Hired Automobiles $ ,000 $ 000 5 .000 Non -Owned Automobiles S ,000 5 ,000 s ,000 STOREKEEPERS LIABILITY RLU- 257418 2/1/69 2/1/70 EACH 0 CUP.RENC $500,0(0.00 - BI & PD. worbnan . Compamatian COMPENSATION- STATUTORY-S rATE IS) LOCATION AND DESCRIPTION OF OPERATIONS, AUTOMOBILES, CONTRACTS, ETC. (FOR CONTRACTS, INDICATE TYPE OF AGREEMENT, PARTY AND DATE.) ADDITIONAL INSURED: CITY OF NEWPORT BEACH PREMISES LEASED TO NAMED INSURED LOCATED AT MCFADDEN PLACE,PIER, NEWPORT BEACH, CALIF. F , This is to certify that the Company named herein has Isev.d issued to the Named Insured the policies listed above. At The Rsqunt ' ofrS1 L J ism aUmrized Representa fR� - cL 20798 D 7W SETS (6) eiee TAY & :r MEN= p1 LO. /NS ` /NCE • INSURANCE COMPANIES CERTIFICATE OF INSURANCE FNOEL PHOENIX DBA: NEWPORT 1 r Named BALBOA PIER Insured 819 CONGRESS STREET Producer Is Address COSTA MESA, CALIF. L J L JAY & RENFRO NEWPORT BEACH, CALIF. The policies indicated herein apply with respect to the hazards and for the coverages and limits of liability indicated by specific entry herein, subject to all the terms of such policies. This certificate Is Issued as a matter of information only and confers no rights on the holder and imposes no liability uoon the Comoonv. 1 J COMPANY ROYAL IND.OD. DALE HAZARDS POLICY NUMBER EFFECTIVE DATE EXPIRATION DALE COVERAGES AND LIMITS OF LIABILITY BODILY INJURY LIABILITY PROPERTY DAMAGE LIABILITY EACH PERSON EACH ACCIDENT AGGREGATE - Oe(terel Iie6iYeY Premises Operations RLU 24 4 1 2 68 6 s ,oDO S S ,000 Elevators S ,000 f ,000 EACCIDIENT Independent Contractors S ,000 s ,000 s ODD Products - Completed Operations S ,000 s ,ODD s ,000 AGGREGATE♦ s .DOD Contmclual-as described below s ,000 s ,000 s '0001s ,000 Auto "N Liability Owned Automobiles s ,000 S 'WIT $ 1000 Hired Automobiles s ,DOD s ,000 S 1000 Non-Owned Automobiles s ,000 S ,000 S ,000 Worli weds CwnPumnYn^ COMPENSATION- STATUTORY -STATE IS) LOCATION AND DESCRIPTION OF OPERATIONS, AUTOMOBILES, CONTRACTS, ETC. (FOR CONTRACTS, INDICATE TYPE OF AGREEMENT, PARTY AND DATE.) Issued At The Request Of BALBOA PIER, NEWPORT BEACH, CA-IF. MC FADDEN PLACE PIER NEWPORT BEACH, CALIF. F_ CITY OF NEWPORT BEACH L CL 20766 D 75M SETS (6) REV. E!6 This is to certify that the Company named herein has issued to the Named Insured the policies listed above. J Aathoriwd Re 4 R> csrJ,PQ i i ROYAL GLOBE INSURANCE COMPANIES CERTIFICATE OF INSURANCE r NOEL PHOENIX DBA: NEWPORT 1 r JAY & RENFRO Named BALBOA PIERS CONCESSIONS Inipfed 819 CONGRESS STREET Producer Address COSTA MESA, CALIFORNIA NEWPORT BEACH, CALIF. L J L J i The policies indicated herein apply with respect to the hazards and for the coverages and limits of liability indicated by specific entry herein, subject to all the terms of such policies- This certificate is Issued. as a matter of information only and confers no rights on the holder and imposes no liability upon the CamDonv. COMPANY ROYAL IND.CO. DATE I EZ1168 HAZARDS POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE COVERAGES AND LIMITS OF LIABILITY BODILY INJURY LIABILITY PROPERTY DAMAGE LIABILITY EACH PERSON EACH ACCIDENT EACHACCIDENT1 AGGREGATE General liability Premises -Operations s ,000 s ,000 s ,000 s ,000 El"otors s AM S ,000 $ ,000 Independent Contractors s ,000 s ,000 s ,000 s 1000 Products-Completed Operations s ,000 s -000 $ .000 s ,000 AGGREGATE♦ $ .000 Conlr.ctu.1 -as described below s ,000 s ,000 S '0001s ,000 Aebnebite Liability Orned Automobiles S ,000 s .000 S .000 Hired Automobiles s ,000 s ,000 S .000 Non{lwned Automobiles S ,000 s ,000 s ,000 iT REKEEPERS _ I AB I L I TY RLU 24 45 14 2L1168_. EACH OCCURRENCE — Bf & DO Wettest, aCaryensation COMPENSATION- STATUTORY - STATE(s) LOCATION AND DESCRIPTION OF OPERATIONS. AUTOMOBILES, CONTRACTS, ETC. (FOR CONTRACTS, INDICATE TYPE Of AGREEMENT, PARTY AND DATE.) ADDITIONAL INSURED: CITY OF NEWPORT BEACH PREMISES LEASED TO NAMED INSURED LOCATED AT MCFADDEN PLACE PIER, NEWPORT BEACH, CALIF. r This is to certify that the Company named herein has Issued issued to the Named Insured the policies listed above. At The Request A d, I CC 20799 0 78M SETS 181 REV - SOS F- -I r NOEL PHOENIX DBA: NEWPORT JAY & RENFRO 10101 ALBOA PIERS CONCESSIONS Ada... 919 CONGRESS STREET Pmd~ NEWPORT BEACH, CALIF. L COSTA MESA, CALIF. J L J The policies indicated herein apply with respect to the hazards and for the coverages and limits of liability indicated by specific entry herein, subject to all the terms of such policies. This certificate is issued as a matter of 'information only and confers no rights on the holder and imposes no liability upon the Comoonv. 2/1/67 HAZARDS POLICY NUMBER EFFECTIVE' DATE EXPIRATION DATE OVERAGES AND LIMITS OF LIABILITY RY LIABILITY PROPERTY DAMAGE LIABILITY EACH ACCIDENT EACH ACCIDENT AGGREG ATE tisueral {Tbiptr Premises -Operations RLU 193541 2/1 /67 2/1 /68 REA0�iPERSON sS I NGLOo s I M 1 T .000 s Elevators S ADD s ,000 Independent Contractors s ,DOD s ,000 s ,000 Prodeas-Completed Operations s ,000 s ,000 $ ,000 s ,000 AGGREGATE* s .000 Contructwi -a. described below s ,Opp s ,000 s ,000 s ,1180 Automobile liability Owned Automobiles s ,GOO s ,000 - f ,DOD Hired Automobiles s 1000 s ,000 s ,000 Non-Owned Automobiles s ,000 s ,000 s 1000 we iesso mrs Compensation COMPENSATION- STATUTORY -STATE (5) LOCATION AND DESCRIPTION OF OPERATIONS. AUTOMOBILES, CONTRACTS, ETC. (FOR CONTRACTS, INDICATE TYPE OF AGREEMENT, PARTY AND OATE.1 BALBOA PIER, NEWPORT BEACH, CALIF. MC FADDEN PLACE PIER NEWPORT BEACH, CALIF. r brood CITY OF NEWPORT BEACH As the nativist W L GL Ee786 D "Id SETS (6) REV. 0.66 . I —j This is to certify that the Company nomad herein bas issued to the Named Insured the policies listed above. Named Imared a Address i. F_ M PpV FT_�LOe� ROYAL GLOBE /ti.SU NCF. INSURANCE COMPANIES CERTIFICATE OF INSURANCE F_ Noel Phoenix DBA: Newport - Balboa Pier 819 Congress Street Costa Mesa, California 7 Jay & Renfro Producer 333 North Newport Boulevard Newport Beach, California L J The policies indicated herein apply with respect to the hazards and for the coverages and limits of liability Indicated by specific entry herein, subject to all the terms of such policies. This certificate is issued as o matter of information only and confers no rights on the holder and imposes no liability upon the Company. COMPANY - DATE ROYAL INDEMNITY COMPANY May 1, 1967 HAZARDS POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE COVERAGES AND LIMITS OF LIABILITY BODILY INJURY LIABILITY PROPERTY DAMAGE LIABILITY EACH PERSON EACH ACCIDENT EACH ACCIDENT AGGREGATE General Liability Premises - Operations s ,000 $ ,000 $ ,000 s ,000 Elevators s ,000 $ ,000 $ ,000 Independent Contractors $ ,000 $ ,000 s ,000 s ,000 Products - Completed Operations s .000 f ,000 $ ,000 s ,000 AGGREGATE♦ ls ,000 Contractuol -os described below s ,000 $ ,000 $ ,000 f ,000 Automobile Liability Owned Automobiles s ,000 $ ,000 s ,000 Hired Automobiles $ ,000 S ,000 $ ,000 Non -Owned Automobiles $ ,000 $ ,000 S ,000 storekeepers Liability RLU 193641 2 -1 -67 2 -1 -66 Each 0 currenc - B.I. >; P.D. 500'U00 Wahmeds Campemation COMPENSATION - STATUTORY -STATE (S) LOCATION AND DESCRIPTION OF OPERATIONS, AUTOMOBILES, CONTRACTS, ETC. (FOR CONTRACTS, INDICATE TYPE OF AGREEMENT, PARTY AND DATE.) Additional Insured: CITY OF NEWPORT BEACH Premises leased to named insured located at McFadden Place Pier, Newport Beach, California. F —j This is to certify that the Company named herein has issued to the Named Insured the pal listed above. 6sued At The Request D Of Is /l L I CL 20,799 01,11110101 SETS (61REV. 146 liex RaxFae F• ' �- - 'ADDITIONAL Type policy number only, in t� declarations: t Unless oGlanvtso stated, this and* attached as of issue, plovidtr s, Isrations. IMOWIse Us on.orsc .. o:rtotthetowwsumh- tedpoticy , a io es Leased Io 4me I'amed fnsr.ed) c section above the heavy ling, h ant:torms s part of the policy to which ittachmsat: is stated In Uu oolicv daa on the to i#2 with _policy and attachment stated in � � ; f • sa' �� t e S '. r I �� t e '. C NOTICE OF POLICY CANCELLATIOML ftlkww 48qPNW� POLICY OR BOND SYMBOL AND NUMBER DATE POLICY OR BOND ISSUED BY (NAME OF COMPANY( i NOTICE PREPARED AT (CITY AND STATEr sm Ago" fame I. INSURED LL The effective date of cancellation shall be indicated at either Ref. ® or Ref. S. ® days after this ® (Month Day Year): Standard time at Insureds' address some notice is y received 9/ :(Hour) U 12:01 A.M. ❑ NOW Signature of Company's Authorized Representative INSURED POLICY OR BOND ISSUED BY (NAME OF COMPANY NOTICE PREPARED AT ICITT AND STATEI L J You are hereby notified that the Policy or Bond designated herein unless sooner terminated, is cancelled as stated Shore in accordance with the terms and conditions of this Policy or Bond. Any return premium due under this Policy or Bond is not tendered herewith will be refunded upon demand. j AGENT OR Newport — BROKER L s To Mortgagee or Lienholder: You are hereby given ten days written notice that the Policy or Bond designated above, I issued to the named insured is cancelled as stated and all liability of this Company to you under this Policy and the mortgagee clause thereof, unless sooner terminated, ceases ten days after the receipt of this notice. Now" I"s am. Low AaWl"f 8041ts MORTGAGEE . City Of Newport sea" OR Newport LIENHOLDER Newport iql� Bf=se ��BBj iii FC428F SBM 14-66 ertgegee's or Liedlolder`s Cofiy, J JAY & RENFR INSURANCE BROKES P. O. BOX 1607 899 N. NEWPORT BLVD. City NEWPORT BEACH, CALIF. Newport Beach LIBERTY 8-1185 LDBB PAYABLE• y of New p NOTICE OF INSURANCE DtNDER ENOOBSEMENT City Hall GENTLEMEN: PLEASE BE ADVISED TNATINSUR- IN FAVOR OF ANCE HAS BEEN ORDERED AND BOUMWIkk'91IOWN, Newport Beach, California PENDING ISSUANCE OF A POLICY TO YOU. PLEASE ACCEPT THIS FORM AS A BINDER. NAMED INSURED PROPERTYINSURED "i E FFECTI VC DATE ' AT. !. A M EXPIRATION OATS I AT P.M, a_1_f,7 P.M. C O V E R A G E AUTO FIRE ❑ B.I. LIMITS ❑ FIRE DWLG. $.,...,. ...... .. .. .......... ❑ FIRE CONTENTS $ P.O LIMITS ❑ HOMEOWNERS ❑ MED. LIMITS _ ❑ E. C. E. ❑ BROAD FORM ❑ COLLISION $ DEDUCT ❑ SPEC. FORM ❑ A. P. L. ❑ COMPRENEREIVE ❑ A C. V. ❑ $ DEDUCT ❑ COMMERCIAL ❑ _.. _., .% TO VALUE OTHER OR REMARKS $5500/1, 000, 000.00 Bodily Injury Liability... PREMIUM TO BE BASED UPON LJ PREMIUM TO BE DETERMINED FILED INSUROR RATES BY UNDERWRITING CERTIFICATE • • INSURANCE F Leatherby Insurance Service, Inc. 218 East Commonwealth Avenue Box 568 Fullerton, California LA 4+603 OW 1 -0718 NAMED E. L. WHITE COMPANY INSURED P. 0. Boa 712 Garden Grove, California CERTIFICATE • CITY OF NEWPORT BEACH ISSUED TO , 3300 W. Newport Boulevard Newport Beach, California � 1 %\ 3 THIS IS TO CERTIFY that the Argonaut Insurance Co. S Transit Casualty Company has issued, to the insured named herein, policies of insurance which provide, subject to the provisions, conditions and limitations contained therein, and during their effective period, coverage as described below: KIND OF INSURANCE POLICY NUMBER POLICY PERIOD LIMITS OF LIABILITY COMPENSATION C 20 -225 EFF 4/1/67 WORKMEN'S COMPENSATION 061358 EXP 4/1/68 STATUTORY CALIFORNIA COMPENSATION — LIABILITY EACH PERSON EACH ACCIDENT BODILY INJURY LIABILITY — AUTOMOBILE f * .000 f * .000 EACH PERSON EACH ACCIDENT BODILY INJURY LIABILITY— EXCEPT AUTOMOBILE EFF 4/1/67 f * f * 000 GA 307260 .000 EACH ACCIDENT PROPERTY DAMAGE LIABILITY — AUTOMOBILE EXP 4/1/68 f * ,000 EACH ACCIDENT AGGREGATE PROPERTY DAMAGE LIABILITY — EXCEPT AUTOMOBILE S * .000 f * .000 AUTOMOBILE PHYSICAL DAMAGE COMPREHENSIVE EFF f FIRE. LIGHTNING a TRANSPORTATION $ THEFT EXP f COLLISION OR UPSET ACV LESS f DEDUCTIBLE LOSS PAYABLE TO REMARKS *$500,000. Combined Single Limit of Liability Per Occurrence. As Respects: Construction of Bayside Drive from Pacific Coast Highway to Aloha Drive. City of Newport Beach is named as an Additional Insured as per copy of endorsement attached. IT IS HEREBY UNDERSTOOD AND AGREED THAT THE POLICY TO WHICH THIS CERTIFICATE REFERS NAY NOT BE CANCELLED, MATERIALLY CHANGED, NOR THE AMOUNT OF COVERAGE THEREOF REDUCED NOR THE POLICY ALLOWED TO LAPSE UNTIL TEN (10) DAYS AFTER RECEIPT BY THE CITY CLERK OF THE CITY OF NEWPORT BEACH, CITY HALL, NEWPORT BEACH, CALIFORNIA, OF A REGISTERED WRITTEN NOTICE OF SUCH CANCELLATION OR REDUCTION IN COVERAGE. March B. 1967 jk LEATHERBYINSUURANCE SERVICE, INCA BY Ry w'Y�iC7LJ / .1 iC i4/4 _ d UTHORIZEO REPRESENTATIVE / +` V I i ENDORSEMENT This endorsement, effscti" st Ia '. ' ° t+oK of policy No CGA 307260 �/lAT 7S 1Mee1 issued to E. L, WHITE COMPANY by TRANSIT CASUALTY COMPANY �.. ADDITIONAL INSURED I IT IS AGREED THAT SUCH INSURANCE AS IS AFFORDED BY THE POLICY FOR BODILY INJURY AND FOR PROPERTY DAMAGE LIABILITY APPLIES, SUBJECT TO THE FOLLOWING PROVISIONS: 1. THE UNQUALIFIED WORD "INSURED" ALSO INCLUDES CITY OF NEWPORT BEACH, CALIFORNIA I BUT ONLY WITH RESPECT TO WORK PERFORMED BY THE NAMED INSURED IN CONNECTION WITH THE FOLLOWING DESCRIBED OPERATIONS: CONSTRUCTION OF BAYSIDE DRIVE FROM PACIFIC COAST HIGHWAY TO ALOHA DRIVE. ' 2. THE INSURANCE WITH RESPECT TO SAID PERSON OR ORGANIZATION DOES NOT APPLY: I A) TO LIABILITY ASSUMED BY SAID PERSON OR ORGANIZATION UNDER I. ANY CONTRACT OR AGREEMENT. B) TO ANY ACT OR OMISSION OF SAID PERSON OR ORGANIZATION OR A ANY OF HIS EMPLOYEES, OTHER THAN GENERAL SUPERVISION -OF WORK PERFORMED BY THE NAMED INSURED. is C) TO OPERATIONS WHICH HAVE BEEN COMPLETED OR ABANDONED BY THE NAMED INSURED. { i All other terms and conditions of this policy remoin unchanged. .. LEATHERBY INSURANCE SERVICE, INC...;.. IIII Endorsement Authorized ltAuthorized i. .. eee`I .. P"994-1 UNITED PACIFIC INSURANCE COMPANY A MEMBER OF UNITED PACIFIC INSURANCE GROUP HOME OFFICE: TACOMA. WASHINGTON CERTIFICATE OF INSURANCE This is to certify that the following policy of insurance, covering as stated, has been issued by the UNITED PACIFIC INSURANCE COMPANY of Tacoma, Washington, and is in force as indicated: This Certificate No. 6 , is evidence of Policy No. CF 140071 , and is effective d_ j� �j(� and expires q_ 14_6 at the hour designated in said policy, issued to _Year) (Month-Day- (Month-Day- ear) NEWPORT BALBOA PIER CONCESSIONS (Name or Insured) by the UNITED PACIFIC INSURANCE COMPANY. ADDITIONAL INTERESTS (Only items marked XX are affected by this endorsement.) It is agreed that in consideration of a premium of $ (Enter amount -or 'included %'charged','to be determined by audit', etc.) 1. The below name is (are) included as an a additional insured: ❑ named insured: (see note below)* CITY OF NEWPORT BEACH NEWPORT BEACH, CALIFORNIA 2. But only as respects the following: ® SUBJECT OF INSURANCE COVERAGES AMOUNT OR LIMIT 1. FIRE LEGAL LIABILITY MC FADDEN PLACE PIER $10,000.00 2. FIRE LEGAL LIABILITY BALBOA PIER $10,000.00 ❑ Owned by (Enter name -or 'him', 'them', '1N) 3. While: ❑ Maintained or used by (Enter name -or 'him•, 'them', 'it') El I`flott The insu6ne6 fo ded by the policy applies separately to each insured against whom claim is made or suit is brought, but the inclusion herein of more than one insured shall not operate to increase the limits of the company's liability. v IP, PRESIJJDENT Countersigned by /U 45914'. a C. G-31 a'.•V 4 AUTHORIZED REPRESENTAT .� JAY & Rmu no NO. (F 140071 Insured NOEL PHOENIX DBA NEWPORT PIER CONCESSIONS &XM;6X MAILING ADDRESS: KKR)6YyX" 819 CONGRESS STREET COSTA MESA, CALIFORNIA Policy Term THREE YEARS � r r_ UNITED PACIFIC e­q5rraurane. CSmpeg e 11 . TACOMA. WASHINGTON A STOCK COMPANY From APRIL 14, 1966 at Noon (Standard Time) To APRIL 14, 1969 at Noon (Standard Time) Agent or JAY d RENFRO Broker NEWPORT BEACH, CALIFORNIA Renews NEW I TOTAL Prepaid Term Annual Payment PERILS AATE(55 Premium Due Due Untla, Dei. AMOUNT �... -..... ­- CALIFORNIA STANDARD FORM FIRE INSURANCE POLICY CERTIFICATE OF INSURANCE Fire $ $ $ $ Insurance provided against only those Extended Cov, xxxxxx $ $ $ perils and coverages indicated opposite by an FIRE LIABILITY — $ $ $ a premium charge and against other perils $10,000.00 $ .345 $ 35,QQ $ and coverages only when endorsed hereon $ or added hereto. if any, on building items, shall be payable to; TOTAL POLICY TERM O. P. P.P. PREMIUM Total $ 35.00 $ Subject to the provisions of the mortgage clause attac ed eto, loss, Mortgagee Address Subject to Form No(s). ASSURED 220 (10 -65) INSERT FORM NOIS1. AND EDITION DATEIS) Attached It is important that the written portions of all policies covering the same property read exactly alike. If they do not, they should be made uniform at once. Item Amount Fire or Fire I Der Gent o`. and Eetended Cov- Co- insurance No. erage, or Other Peril Applicable 1.I $10,000 Location (if other than above) and oescription of Pmp,,ty Covered Show Construction, Type of Roof and Occupancy of Ruilding(O Covered or Containing the Property Covered, if Occupied .rs a Dwelling, State No. of Families. ON CLASS "D" BUILDING OCCUPIED AS BAIT AND TACKLE SHOP - SITUATE: MCFADDEN PLACE PIER, NEWPORT BEACH, CALIFORNIA jly "'R1�® 333 N. NEWPORT BLVD., NEWPORT BEACH, CALIF. Telephone Llberiv B -1185 PLEASE TAKE NOTICE �•/ This copy is furnished as an abstract of the written portion of the Policy at the date of its issue. It is given as a matter of information only, and confers no rights upon the holder and imposes no liability upon the Company. The Policy is subject to endorsement, alteration, transfer, assignment and can- cellation without notice to the holder of this copy. NEWPORT BEACH CALIFORNIA 5 -20 -66 It P4 Countersigned — Agent CITY OR TOWN DATE jAY & RENrff . -- -­-77.— # ..... 1Q,QQ%tQQ- ................ BEING THE LIMIT OF THE COMPANY'S LIABILITY;:,E'O$-'ALL- DAM*J as At THE SULT OF ANY ONE ACCIDENT, AS RESPECTS PROPERTY OWNED BY OTH ERS,CONSISTING,OF_:- __— _._.:, __ BUILDING IN THE CARE, CUSTODY OR CONTROL OF THE INSURED, ALL WHILE SITUATE............. _:....: ...... _ .......... ._.......... ....... ...._ � 1 -__ -- MCFADDEN PLACE PIER,:._ NEWPORT; BEACH,__CALIf<)RN�, AND OCCUPIED AS_........ : ......... BAIT AND .... TACKLE .... SHOP ... .................. the Company agrees With the named Insured to pay on behalf of the Insured all sums which the Insured shall become legally obhgakil to pay as damages because of injury to or destruction of such property, including the loss of use. th .reof, caused by accident and arising out of fire, subject to the.following provisions: - - - - 1. DEFENSE, SETTLEMENT, SUPPLEMENTARY PAYMENTS: As respP,eta the insurance afforded by the other terms hereof the Company shall: - - - - - (a) defend any suit against thQ.Iniured alleging such injury or destruction and seeking damages on account thereof, eveh:ii such suit is groundless, falsent fraudulent; BUT THE COMPANY MAY MAKE SUCH INVESTIGATION, NEGOTIA- TION AND SETTLEMENT OF ANY CLAIM OR SUIT AS IT DEEMS EXPEDIENT; ' (b) pay all premiums' onlbonds to release attachments for an amount NOT -IN EXCESS OF THE APPLICABLE ]LIMIT OF LIABILITY STATED HEREIN, all premiums on appeal bonds required in any such defended suit, BUT WITHOUT - ANY OBLIGATION TO APPLY FOR OR FURNISH ANY SUCH BONDS;, - - - (c) pay all expenses: incurred by the Company, all costs taxed against the Insured in;any:such suit and all intereataecruing' after - entry of judgment until the Company has paid, tendered or deposited in court such part of such judgment as does not exceed the limit of the Company's liability thereon; _ (d) reimburse the Insured for all reasonable expenses, OTHER THAN LOSS OF EAR.NiNGS, incurred at the Company's re- quest. -- - - The amounts incurred hereunder, EXCEPT SETTLEMENTS OF CLAIMS AND. SUITS, are payable by the Company fu:ad¢iflgn to the applicable limit of liability stated herein. - - 2. DEFINITION OF INSURED: The unqualified woad" "Insured "-includes the named Insured aria also indildh any,paFinbt,_ . . executive officer, director or stockholder thereof whife :acting within the scope of his duties as such. 3. POLICY PERIOD: THIS INSURANCE- APPLIES ONLY TO ACCIDENTS WHICH OCCUR DURING" THE POLICY PERIOD. 4. EXCLUSION: THIS. INs��s,URANCE DOSS 9TA PLY TO LIABiYTY ASSUMTA,,BY TI�T,I}I U)j A;UI�iyL1F¢t ANY CONTRACT OR AGREEVENT. THE PROVISIONS PRINTED ON THE BACK OF THIS FORM ARE HEREBT.R£FER�tEQ� 1CQ AItD:il'AgE A 1!AIfT H6 - 7 +nAx gyp Oct. 3965, , STANDARD FORMS BUREAU VORW (Oct.., 1-065), FIRE LIABILITY FORM ,u DAT[D ATTACHED TO POLICY NO.. - - - XAM[ OP INWIA XCr COMPANY " 5 -20 -66 ` '' ,PART `o: " "` CF 140071 UNITEQ PAC.IFIL 4NStRAI)Iti* COMPANY NOEL.PHOENIX ,asusD T DSA: NEWPORT PIER CONCESSIONS 819 CONGRESS ST C TA CALIF.. :I; °�" D••A AOZNCYAr `.JIIONID -: i "'- „ NEWPORT BEACH. CALIFORNIA IAY A RFNFR /d . -- -­-77.— # ..... 1Q,QQ%tQQ- ................ BEING THE LIMIT OF THE COMPANY'S LIABILITY;:,E'O$-'ALL- DAM*J as At THE SULT OF ANY ONE ACCIDENT, AS RESPECTS PROPERTY OWNED BY OTH ERS,CONSISTING,OF_:- __— _._.:, __ BUILDING IN THE CARE, CUSTODY OR CONTROL OF THE INSURED, ALL WHILE SITUATE............. _:....: ...... _ .......... ._.......... ....... ...._ � 1 -__ -- MCFADDEN PLACE PIER,:._ NEWPORT; BEACH,__CALIf<)RN�, AND OCCUPIED AS_........ : ......... BAIT AND .... TACKLE .... SHOP ... .................. the Company agrees With the named Insured to pay on behalf of the Insured all sums which the Insured shall become legally obhgakil to pay as damages because of injury to or destruction of such property, including the loss of use. th .reof, caused by accident and arising out of fire, subject to the.following provisions: - - - - 1. DEFENSE, SETTLEMENT, SUPPLEMENTARY PAYMENTS: As respP,eta the insurance afforded by the other terms hereof the Company shall: - - - - - (a) defend any suit against thQ.Iniured alleging such injury or destruction and seeking damages on account thereof, eveh:ii such suit is groundless, falsent fraudulent; BUT THE COMPANY MAY MAKE SUCH INVESTIGATION, NEGOTIA- TION AND SETTLEMENT OF ANY CLAIM OR SUIT AS IT DEEMS EXPEDIENT; ' (b) pay all premiums' onlbonds to release attachments for an amount NOT -IN EXCESS OF THE APPLICABLE ]LIMIT OF LIABILITY STATED HEREIN, all premiums on appeal bonds required in any such defended suit, BUT WITHOUT - ANY OBLIGATION TO APPLY FOR OR FURNISH ANY SUCH BONDS;, - - - (c) pay all expenses: incurred by the Company, all costs taxed against the Insured in;any:such suit and all intereataecruing' after - entry of judgment until the Company has paid, tendered or deposited in court such part of such judgment as does not exceed the limit of the Company's liability thereon; _ (d) reimburse the Insured for all reasonable expenses, OTHER THAN LOSS OF EAR.NiNGS, incurred at the Company's re- quest. -- - - The amounts incurred hereunder, EXCEPT SETTLEMENTS OF CLAIMS AND. SUITS, are payable by the Company fu:ad¢iflgn to the applicable limit of liability stated herein. - - 2. DEFINITION OF INSURED: The unqualified woad" "Insured "-includes the named Insured aria also indildh any,paFinbt,_ . . executive officer, director or stockholder thereof whife :acting within the scope of his duties as such. 3. POLICY PERIOD: THIS INSURANCE- APPLIES ONLY TO ACCIDENTS WHICH OCCUR DURING" THE POLICY PERIOD. 4. EXCLUSION: THIS. INs��s,URANCE DOSS 9TA PLY TO LIABiYTY ASSUMTA,,BY TI�T,I}I U)j A;UI�iyL1F¢t ANY CONTRACT OR AGREEVENT. THE PROVISIONS PRINTED ON THE BACK OF THIS FORM ARE HEREBT.R£FER�tEQ� 1CQ AItD:il'AgE A 1!AIfT H6 - 7 +nAx gyp Oct. 3965, , UNITED PACIFIC INSURANCE GROUP Agent 41 This Endorsement No. 1 forms a pert of Policy No. CF 140071 and is effective * 4 -14 -66 of the hour designated in said policy, issued to • Ir. (MONTH - DAY -YEARi NOEL PHOENIX DBA -' T PIER CONCESSIONS by the company of the UNITED PACIFIC INSURANCE GROUp.;clei Therein. *These spaces need not be completed if this endorsement and }heJeer +he some inception date. IT IS AGREED THAT THE DESCRIPTION OF COVERAGE IS AMENDED TO READ: 1- $10,000.00 ONTHE FIRE LIABILITY OF THE INSURED IN A "D" CLASS BUILDING OCCUPIED AS A BAIT AND TACKLE SHOP PEkFORM 220. All farms and conditions of the policy to which this Countersigned by Authonsed Reprnonfe G.11 10753 JAY & attached remain unchanged except as herein specifically provided. STANI4RD FORMS BUREAU IF EZ (Nov. 1957) 04V ENDORSEMENT 16 A REWRO DATE. ATT .... TO POLICY NO. NAME OF IKSVRANt3C13MFXKV 5". 19-ft AN. FO.KIM. P..Y OF CF 14071 umim Omit tNmx0Kt Ati cpql A <P o- '4449--e '�' C ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ 15SI' ED TO NAPE G /t\ IINf AI LI NO A ..... AGENCY AT T wu KA040 AGENT COMMENCEMENT OF POLICY EXPIRAVjdWof POLICY &Y & RLKYRTY E DATE OF THIS ENDORSEMENT 4-14a" I .. 4-25-" IT IS HEREBY UNDERSTOOD AND AGED THAT THE 0 .00 A -'0 -'0 4� 4, 1; cpql A <P o- '4449--e '�' C ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ IS CORRECTED OR CHANGED TO READ AS FOLLOWS Mt NE~ w CALM PIER CONUSSIM •Consent b ,AY YRO r *Consent by..........._ . .._................_-.----....-'--'---.:- r —. yoft" P.Y. 0"NA)m 199— Z Nov. 1957 *Not required unless policy is reduced or restricted by this endorsement. `JAY R WRO �BTANDARD FORM I;TfREAII FORM *Oct. 1965) ', `- FIRS LIA8ILI M, .1 DATED ATTACHED TO FOL{CY NO. )' N/.Ye CF MNRANCE,COWAW1e = AND PONYING ` ea /rte ��/1�/� ♦♦ UN ft ���[ /iy� i�,�r yj�'-•4 �' 44y��[� �ttRW rA'RT..De. -.. {1NI ti� L- are i1�E. ?6� u.V[o To 14 I }/ pxEVRED•e xwYE s .PIER cmMulad .. :i\ MwILIiVC'L -0OREI!) AGENCY AT ON - A. JAY w4m R 1. $ ....... VAM1 . ...... ........ BEIN& THE LIMIT OF THE CONY'S LIABILITY FOR ALL tAMAG AS THE RE- SULT OF ANY ONE ACCIDENT, AS RESPECTS PROPERTY OWNED: BY. OTHERS,CONSISTING OF_ ........ .;;.,_.r...: ....................._.._............ ................. 1M. Wti6 .................... ............. .:................_ IN THE CARE, CUSTODY OR CONTROL OF THE INSURED, ALL WHILE SITUATE........................................... __ .... .......... _ .a►�ecsll_ *I RG.:M11ll�F. a...k tiA!4 _wa 11 _!�"ALIl�Nlit1► .......... ANDOCCUPIED AS ....... ' . ..:AI' !.:T.MEKIj....... _ ......... ._ ......... ..._ ............._.........._........................._..._.._.. ._..---- .............._........ the Company agrees with the named Insured to pay on behalf of the Insured all sums which the Insured shall become legally obligated to pay as damages because of injury to or destruction of such property, including the loss of use thereof, caused by accident and arising out of fire, subject to the following provisions: PARAGRAPH . 1. DEFENSE, SETTLEMENT, SUPPLEMENTARY PAYMENTS: As respects the insurance afforded by the,other terms hereof the Company shall: , (a) defend any suit against the Insured alleging such injury or destruction and seeking damages ou:aceount thereof, even if inch suit is groundless, false or fraudulent; BUT THE COMPANY MAY MAKE SUCH INVESTIGATION; NEGOTIA- TION AND SETTLEMENT OF ANY CLAIM OR SUIT AS IT DEEMS EXPEDIENT; (b) pay all premiums on bonds to release attachments for an amount NOT IN EXCESS OF THE APPLICABLE LIMIT OF LIABILITY STATED HEREIN, all premiums on appeal bonds required in any such defended suit, BUT WITHOUT ANY OBLIGATION TO APPLY FOR'OR FURNISH ANY SUCH BONDS; (c) pay all expenses incurred by the Company, all costs taxed against the Insured in any such suit and all interest accruing after entry of judgment until the Company has paid, tendered or deposited in court such part of such judgment as does not exceed the limit of the Company's liability thereon; (d) reimburse the Insured for all reasonable expenses, OTHER THAN LOSS OF EARNINGS, incurred at the Company's -re- quest. . The amounts incurred hereunder, EXCEPT SETTLEMENTS OF CLAIMS AND SUITS, are payable by the Company in addition to the applicable limit of liability stated herein. 2. DEFINITION OF INSURED: The unqualified word "Insured" includes the named Insured and also includes any partner, executive officer, director or stockholder thereof while acting within the scope of his duties as such. 3. POLICY PERIOD: THIS INSURANCE APPLIES ONLY TO ACCIDENTS WHICH OCCUR DURING THE POLICY PERIOD. 4. EXCLUSION: THIS INSURANCE DOES NOT APPLY TO LIABILITY ASSUMED BY THE INSURED UNDER ANY CONTRACT. pR , (QREEMENT THE PROVISIONS PRINTED ON THE RAM OF THIS FORM.ARE HEREBY REFERRED TO AND MADB`A•P11RT HOW. DOORMW 041 220 OCL 1%5 " S_ANDARD FORMS aj0rzEQQygY* ,QUly 1950) K . AdAttached to and fo ,. i Issued to ._ ...... ._ _. �A. .. A�Beit¢Y aL... __ .... ..... _... . } l"roperty Insured....... " "{TAT[ WNQTXEQ QYILDIND. OIVt AMOVNT( {) AND NAS[fi) AFFLYII ................ Location of Property City..... Pe y ........:.....wL Town ....... Map Sheet ...... .:.......... Block .................. 86rn ' No..... If risk is not specifically rated or shown on,Sanb deficiencies --------- w.._ ............... icw 1 ,,,,,,.. ........ .. Commencement of Policy........ ......... Expir ...... Special Map, give R JA Ri18 &0 .............................. Dated ..... .... S"! �VHSTHER COVERAGE I[ SPECIFIC OR [LANR[T. IF [R[CIF1. . :..< .. ............................... .... TO INOIGT[ FtRfl[MR6[ OF AV[RAO[ CLA V [C I IR:V NYJ 'o ....__;,Sy' $.G",E.- att'd?_.:YO o. -" .Average Clause .......:....% cr~ .- _..::. ..tEr� ...._ ...: .................. _. ... z ...... a ..... .... State ........................... .a. Page .; ::... Line ... ....._.. Fuf} Tet''V Premium $......:_._...: 1. r and «cupancy of building; en$ f ate all exyypRossuree�sand ..... ..._:._ ......... fY+W .. �.:_._.......... Effective date of two_U ndorsement ...... .............. _. ADDITIONAL: PREMIUM NATIONAL BOARD CLABa INCREASE �' Amount of insurance in force utg -djis police p'i_ ¢ shove specified effective date:,; - - e.AMOUNT µO�F f19.000+WV vyS �'S>'. from $ ' FORMER TOTAL AMOVNT'. .... '- $ :W. '.NHW TOTAL AMOVNT ........... as follows.'' "`tl4 Item No. r'!BE Fos Amount F-'n ia, It Amount of Increase Under this Item - - ':'.... ! GCk6 •YL {230 1914 v'e:; L 6 .:` iC. . . NIL 100000 {' ............., ...... ............................... In consideration of the above speafi tional premium and subiect to all of the teries and conditions of the policy to which th. -" endorsement is attached, the amount of uo - tinder this polity is hereby increased by- the above specified amount chi nging tottl ' Amount of insurance in force utg -djis police p'i_ ¢ shove specified effective date:,; - - 10.0000D �'S>'. from $ ' FORMER TOTAL AMOVNT'. .... '- $ :W. '.NHW TOTAL AMOVNT ........... as follows.'' "`tl4 Item No. DESCRIPTION.OF PROPERTY COVERED Fos Amount F-'n ia, It Amount of Increase Under this Item New Amount of ':hikiranee Now In '.,Force Under '- this Item to FIRt..LEOAL:.... � �... . NIL 100000 {' ............., ...... ............................... E $ ..... $....:_.._.. 2. FIRE LEGAL IN A CLASB� "D" BUILDING OCCUPIED II�t :.... 14low 100000. $ _:.. .. $... ..... ._ .... .... _ ....................... All A BAIT AND TACKLE SNOT SITUATEt. BAL50A PIER. MAIN STREET. . .......... $ ................. . .. $... ... ............... _.... $ ...... ; The etted:' STANDARD FORMS BUREAU F0Ro9 -EZ Moo: 1957) + ENDORSEMENT JAY 4 REW110 DATED ATTACHED TO .; POLICY MO. NAME OF INEUIWNQ6 COM!%NY`" `�•� (� JP� /TW AND PORMIND PART OF i1 UN1TE0 P rlFl 1 E li :yyi�; Cf' o �f 158UBD TO "' ( }/ 0 0 N pip. 1 NNWREO'B NANB NA1lING ADDREIBI AGENCY AT BI ED _ �,p/�p� pp•�L� p� /�p��' BEA IA ��OPORT VBL1Ft:R:N COMMENCEMENT OF POLICY EXPIRATION CY JAY �Y D VFVU,TIVE iLll NI ENDORSEMEN T 4+ .66 4 4 -14-69 1� 4- AMOUNT OF INSURANCE PERILS OLD RATE NEW RATE ADDITIONAL PREMIUM RETURN PREMIUM Flee $10b000.00 FBL 8343 8206 110.00 IT IS HEREBY UNDERSTOOD AND AGREED THAT THE N1 1 E li Cf' o �f O o o 0 0 0 0 0 0: 1@ 0 0 0 0 IS CORRECTED OR CHANCED TO READ AS FOLLOWS 3 YEAR PFMIUM 13 AMENDED 74 READ 112540 MINIMUM TO CMCT PJRIAU TAGS LEN /RN 3/19/66 • Con-.. f2 .............. ............................... ................................... Insured �tricted._ th t. J UNITED PACIFIC Agent* JAY & REWRO INSURANCE GROUP This Endorsement No. I , forms a part of Policy No. CF 14-0071 and is effective a (MAT017ft1k) at the hour designated in said policy, issued to • NOEL PHOENIX DBAt NVAPORT PIER CONCMIM by the company of the UNITED PACIFIC INSURANCE GROUP designated therein. •These spaces need not he completed if this endorsement and the policy bear the same inception date. IT IS AGREED THAT THE DESCRIPTION OF COVERAMIS All TO READs I. siopw.w ON THE FIRE uAByTy OF THE INURED IN A W CLASS BUILDING OCCUPIED AS A BAIT AND TACKLE 940P PER FORA 220- All terms and conditions of the policy to which this endorsement is attacked remain unchanged except as herein specifically provided. JHAM !/11/66 Countersigned by A.thori.ed Re G-11 10-53. IATI FiFx I, NOTICE OF REINSTATEMENT POLICY OR BMDBTNBOL AND NUMBER DATE ORIGINAL CANCELLATION N07 1C SENT sam Mat AND ADDRESS • OF INSURED • The notice canceling the above policy which was sent to you on the date indicated above is hereby rescinde'd. Said policy or bond, subject to its terms and conditions, is hereby reinstated as of the elate of cancellation. ►'JU'. 9. MANAGER PRODUCER F- CITY W ND~ 80401 LIENHOUDED No~ Komi* CALIF. L MORTGAGEE'S OR LIENHOLDER'S COPY A NAMEAND ADDRESS or INSURED The notice canceling the above policy which was sent to you on the date indicated above is hereby rescinde'd. Said policy or bond, subject to its terms and conditions, is hereby reinstated as of the elate of cancellation. ►'JU'. 9. MANAGER PRODUCER F- CITY W ND~ 80401 LIENHOUDED No~ Komi* CALIF. L MORTGAGEE'S OR LIENHOLDER'S COPY A AMJHOTICE OF POLICY CANCELLATIO POLICY OR BOND SYMBOL AND NUMBER DATE = "11189 6/2165 taa""" ft"Pay NOTICE PREPARED AT (CITY AND STATE) {BAS AiRlaalss, �t INSURED C" We" ��� � $es, coati Ilallt, Caliiolns� I_ J The effective date of cancellation shall be indicated at either Ref. ® or Ref. (B). ® days after this I (B) (Month Day Year); standard time at Insureds' addred Signature of Company's Authorized Representative •ic_�:_- POLICY OR BOND ISSUED BY (NAME Or COMPANY NOTICE PREPARED AT ICITY AND STATE) I INSURED You ere hereby nofiried #hat the Policy or Bond designated heroin union soon, brmineted, is cancelled a stared. L above in eccordan" with the forms end conditions of this Policy or Bond. Any return premium due under this Policy or Bond it not tendered herewith Mill be refunded upon demand. i E AGENT OR T BROKER NQ C , Cal O i To Mortgagee or lienholder: You are hereby given 0 ays written notice that the Policy or Hond designated above, issued to the named insure cancelled as stated and all liability of this Company to you under this Policy and the mortgagee clause thereof, unless sooner terminated, ceases ten days after the receipt of this notice. Royal Indemity Comp=y Los Angeles, California MORTGAGEE City of Newport Beach f OR Newport Beach, California LIENHOLDER - L_ J FC42SP- MM -7-65 Mortgagee's or Lienholdor's Copy 0 1 ROYAL INDO Co. SALOQA PIER �1c i >aProoaseeaxr a Y Pdottr a oEndon M y 1 . fd,bonlPf'U'Iu I Retom Pttmium F �1 This endorsement is issued for attachment to and is hereby IT" 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, JAY & RENnW 1 L .—A. — J IN COWIDERATION Or AN AW#T1 MMIUM OF tIER 4,001 !T RS STOW ANC AGREE!? THAT TW PGLICY IS " C To CO THE POLLCWINGJ MA MW EN PLACE PIER MEWrWRT KACN. CALIFORNIA. $TORE REFRESHMENTS sf Cm 019 AREA 9W SQ. FT. RATES ®i $.Aj �3qq Op AP fto% 00 PC iS.00 MP o An AP 40-00-- CL This endorsement is subject to all terms, conditions and exclusions of the policy which are not inconsistent herewith. flw aanerel— ComprdMnfWe F Owmn', Landlords' and UnenrneW-. LI aJljM. l ADDITIONAL INS D--LESSOR This endorsement is issued for e@aehmentto made.a part of the policy designated: tive as of the date indicated, at 12:01 AM., standard t address of the named insured a_a stated 1 Policy Number Name of Compa�nyy Ender VbW Named Insured r iEt.1A)ORi • PAUNCIA PIER Producor � . J e'rogaw .. a. ; JAY ♦ RWWRO APA,Ii ;I;lM fr it is agreed that such insurance as is afforded by the polio for Bodily Injury Uslollity and for Property Damage Liability applies to the person or organization designated below,. lanced, but only vdtth sbspect to liability arising out of the 7 ownership, maintenance or use of that part of the premises d ` ad 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 oecurafter the Matadinsured ceases. *:A#e tens"t in said-promises; (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 under 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, j (3) any elevator or escalator maintenance agreement, or - (4) any lease of premises agreement. SCHEDULE AE OOL Premiums .. Designation of Premises Bodily Injury Property Damage;' (Part Leased to Named Insured) Name of Additional Insured Liability Liability S 0 MC FAD= McACE PIER CITY OF tif1U W 9tAOf 3.00 2e00 IE 1A�011T OEACM, CAurs AM ti i �.00 Pfd ,00 This endorsement is subject to all terms, conditions and exclusions of the policy which are not Inconsistent herewith. I i TO: Finance Director FROM: City Clerk SUBJECT: Contract Contract No. 01038 2 Date May 16, 1966 Authorized by Resolution N o.6346 adopted on April 25, 1966 Date Mayor and City Clerk executed Contract April 26, 1966 Effective date of Contract April 26, 1966 Contract with Noel M. and Betty Lou Phoenix Address 819 Congress Street Costa Mesa, California Brief description of Contract Lioense Agreement for the operation of the Amount of Contract $5,220 per year ($435 per month on the first day of each month oommencing May 1, 1966 u City Clerk --N M TM :ae c , m .• .. 4J x/66 (8) 1 LICENSE AGREEMENT: NEWPORT AND BALBOA PIERS 2 � 3 THIS AGREEMENT, made.and entered into this '2 4 day of 4 1966, between toe Cif OF NEWPORT BEACH, a 5 municipal corporation, hereinafter referred to as "City ", and 6 NOEL M. PHOENIX and BETTY LOU PHOENIX, hereinafter referred to as 7 "Licensee "; 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 WITNESSETH: WHEREAS, the C.i;ty.is the owner and is in possession and control of certain piers known as Newport Pier and Balboa Pier and located in the City of Newport Beach, which extend into and over the water of the Pacific Ocean at the extensions of MacFadden Place and Main Street, which piers are used by the general public for the purpose of fishing and other recreation; and WHEREAS, it is the opinion of the City Council that it is advisable that the operation and the maintenance of the lunch stand and live bait concessions currently in operation on said piers be l continued for the use and convenience of the public and all persons using the pier for fishing and recreational purposes; and WHEREAS, there are presently in effect two separate license agreements authorizing the maintenance of concessions on aj the Newport and Balboa Piers, an agreement covering the Newport Pier between the City and George C. Hiner, entered into on Jan- uary 1, 1964, which was subsequently transferred to Noel M. Phoenix and Betty Lou Phoenix on May 24, 1965; and an agreement-covering the Balboa Pier between the City and John Charles Kirk, entered into on January 4, 1966; and WHEREAS, Noel M. Phoenix and Betty Lou Phoenix wish to replace John Charles Kirk as the Licensee for the concessions on the Balboa Pier and to continue as the Licensee for the Newport Pier under a new license agreement covering both piers-, and WHEREAS, the proposed arrangement is mutually.agreeable { � t i IrI: 1 2 3 4 5 6 sl 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 to City, the Phoenixes #(d.John Charles Kirk; NOW, THMFO&E,X consideration of the payments,-herein- after specified' <and�the faithful; .performance of the other covenants of this agreement.by Licensee, City 4ereby grants to Licensee a license, privilege and right of opezd Ing lunch stands and live bdit and tackle concessions on slid piers for a term beginning May 1, 196.6, and ending December 31, 1969, for the sum of five, thousand.two hundred twenty dollars ($5,220) per year during the term of this agreement as follows;. Four: hundred thirty -five dol- lars ($435) per month on the first day of each month commencing May 1, 1966. I Said license and privilege herein granted are subject to the following terms,,covenants and conditions: 1. Conduct of Business. In conducting said businesses of lunch stands and live i bait and tackle concessions, Licensee shall obtain and the oper- ations shall be subject to the continuing approval of the Orange County Health Department. Licensee shall obtain all necessary licenses from the City of Newport Beach to conduct the businesses on said piers. 2. Assignment. This license agreement shall not be sold., assigned,. transferred', mortgaged, pledged or hypothecated by Licensee with-. put 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. 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.nso.lvency. or 2, M 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 bankruptcy proceedings. 4. Utilities and Sewerage. Newport Beach water is available to the buildings on the piers. Licensee shall be entitled to wafter service under the same terms as any other occupant of the premises of the City and shall pay the same fees, rate or rates as any other occupant. Newport Beach sewer service is not available to the buildings on the piers. Licensee shall provide and maintain at its sole cost and expense any chemical toilets and other appurtenant equipment for sewage disposal required by the Orange County Health Depart- ment in the operation of the businesses. 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. 5. Maintenance and Repairs. The buildings and the pipe lines, conduits, electrical equipment and other equipment used for the purpose of storing and selling live bait on said piers are the property of City. Licens agrees to keep the buildings and all of said equipment in good condition 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 the City at the end or other termination of this license agreement in as good con- dition as it is at the time of execution of this agreement, rea- sonable wear excepted. Licensee agrees to complete certain structural, electrical and plumbing improvements on and in the structure on Balboa Pier by June 1, 1966. Licensee acknowledges that the nature and extent of said improvements have been explai to him by City and agrees to complete said improvements to the satisfaction of the City Building and Safety Director. It is further understood and agreed that City need not replace the buildings, piers, or any parts thereof, or any of the City 3. 1 equipment used in connection with Licensee's operations under this 2 license agreement in case the same.should be destroyed by fire, 3 accident, catastrophe or other cause. Should the buildings, piers 4 or said equipment be so destroyed or damaged to the extent Licensee 5 finds it uneconomical to repair the same and continue to operate k., 6 the businesses, he may terminate this agreement by giving thirty 7 (30) days written notice to the City. If any such damage or des- 8 truction should occur and Licensee undertakes the repair of either 9 pier, building or facilities, his obligation to pay rent shall be 10 suspended on the particular pier concession so affected for the 11 period of time his business operations are completely and neces- 12 sarily suspended, but not to exceed ninety (90) days, the rental 13 to continue on the unaffected pier figured on the basis of two 14 hundred seventy -five dollars ($275) per month for Newport Pier and 15 one hundred sixty dollars ($160) per month for Balboa Pier. 16 6. Independent Contractor. 17 City shall have no interest in t4e..operation of the lunch 18 stands or live bait and tackle concessions, and shall not be 19 responsible for any injury or damage to the person or property of 20 Licensee suffered or sustained in the operation of the lunch stands 21 or live bait and tackle concessions. It is understood and agreed 22 that Licensee operates both the lunch stands and live bait and 23 tackle concessions as an independent contractor. 24 7. Public Liability Insurance. 25 Licensee agrees to hold harmless and indemnify City 26 against any and all claims, losses or liability on account of any 27 injury, loss or damage to persons or property claimed, suffered or 28 sustained in or around the premises where the lunch stands and live` 29 bait and tackle concessions are conducted, by reason of the oper- 30 ation, use or occupancy of the piers by Licensee. Licensee further. 31 agrees to maintain at all times throughout the term of the license 32 agreement public liability insurance in the amount of $500,000 for i 4. _.'" It a a x s injury to one person, $1,000,000 for �nj,pries in_one accident, and $100,000 for property dattge, in which policy or policies of insurance City shall, be named as an additignal insured. Said policy or policies shall contain an endorsement providing 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. 8. Compliance with all Laws. Licensee agrees to operate .the businesses for the term of this agreement and to comply with all laws', rules and regula- tions of the City, State of California and the Federal Government in his occupancy of and the operation -and conduct:of his busines- ses on said piers. 9. Pier Areas. Licensee further agrees to keep the decks ofthe piers in a clean condition at all times throughout the term of this license agreement to the satisfaction of the City Manager. Licensee agrees to permit only one vehicle owned and operated by him or his employees at any one time on either pier for serving his businesses and to take reasonable steps to prevent vendors from driving vehicles on to the piers. 10. Failure to Maintain and Repair. If Licensee fails to comply with the requirements of Paragraph 5 of this agreement with regard to maintenance and repair of the buildings and equipment, the City Manager shall notify Licensee by certified mail of such failure, and if the deficiencies are not corrected by Licensee within . five..(5) days following the receipt of the notice, the City Manager may proceed to have the work done and Licensee shall be obligated to reimburse City for the costs thereof. Failure on the part of Licensee to reimburse City within thirty (30) days of receipt of such billing ... 1, 11 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17I 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 shall.result in automatic termination, of this ;agreement, In addition, if Licensee shall fail to,l5,eep the.e tire decks of each pier in a clean condition as required It accordance with para- graph 9'of this "agreement, the City Manager om his agent shall verbally notify Licensee of such failure, and if the deficiency is not corrected within twenty -four (24) hours following such notifi- cation, the City Manager may proceed to have the work done and deduct the expense for same from a one hundred dollar ($100) cash deposit which Licensee shall deposit with the City for this specific purpose. Any unused balance of cash deposit will be returned to Licensee upon expiration of this agreement. 11. Termite nation. It is understood and agreed that the City Council may, upon thirty (30) days written notice, terminate this license agreement for any reason. Licensee may terminate for any reason upon giving sixty (60) days written notice to the City. Upon termination 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 same. In case of termination, Licensee shall have no obligation:to pay rent for any time subsequent to the date of termination. 12. Administration of Agreement. 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 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 shall be final. 6 40 1 LIABILITY NMENT OF INTEREST ENDORKENT (Not to be used for policies subject to audit.) This endorsement is attached to and 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. Edective PIER CONCESSION JAY a RENFW APAL 5113 The company hereby consents to the assignment of the policy to which this endorsement is attached, subject to all its agree- ments, conditions and limitations as therein expressed, to NOEL PiMIX WAS IEWOW - ULM Pi CONNE= ST., COSTA ►ERA, . CAL #rmIA. . Pawnees: The assignee named herein upon the acceptance of this endorsement represents that he is in lawful possession of the policy and is legally entitled to an assignment of the interests of the insured therein named, and said assignee agrees to accept such policy and assume all obligations therein expressed. This endorsement is subject to all terms, conditions and exelusions of the policy which are not inconsistent herewith. .9 Pal cl6olaae- _ PAY $C t#`:. I # .6 WOW' ' (Name of ROYAL Company .. Co i3'i�+�'( 7�V 1A4 i, ieV• BALBOA PIER ENDOESUCIRr F j This endorsement is issued for attachment to and is hereby part of the policy designated above, and is effective as of indicated, and at the effective hour stated in the policy, s d time at the address of the named insured as stated in the policy: JAY RENT RO - IN CONSIDERATION OF ANA�4 PREIdI UM OP 4.00, IT 13 tMRSTOW M Phi ::IS EI�11CNbEC TO CO THE FOUQdING1 AND AGREED THAT MA PAOCEN PLACE PIER PILM CALWORNIA. STORE REF'RESlNENTS NO AREA 900 SQ.:T. RATES el $.� .00 AP �g .00 PC 18.00 4P AP �' This endorsement is subject to all terms, conditions and exclusions of the policy which are not inconsistent herewith CL20MN- 25OM -1d5 elf Dam f.•,�LAftq~ and= - ADDITIONAL INSURED -- LESSOR Th ment is issued for attachment to made.a part of the policy designated below and is effac• tive as of a indicated, at 12:01 A.M.. standard t atldreas of. the named Insured as stated in the policy. . Policy um r � Name of Company � rem (Month., Day. Yea* 07 Effective 1 WYAL !NDa /Wa te 6 L ! Named Insured -_ -_ it is agreed that such Insurance as is afforded -by the.yolkyfar Bodily Injury Liability and for Propelty Damage Liability applies to the person or organisation designated below;:;r(g'kuyred, but only with respell to liability arising out of the ownership, maintenance or use of that part of the premises dated 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 accur after the named insured ceases kOi*iiw n said, premisas: i. (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 under 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. WA4EWLE AOV g is Premiums Designation of Premises Bodily Injury Prop" Damage .. (Part Leased to Named Insure d) Name of Additional Insured Liability Liability .d MC ROM VWX P#90 CITY W IbiP6RT KMm me �aQp y MWVRT KACHv CALIFa r .. a of oo Pa �00 �i a This endorsement Is subject to all isms, conditions and exclusions of the policy which are not Inconsistent hereetth. ! ice. C191a60ii4�a6 �+` Anal. tiaf� T.fn. V taro r,.Y s , TO: Finance Director FROM: City Clerk SUBJECT: Contract Contract No. C-1036 40 Date May 16, 1966 Authorized by Resolution No. 6346 adopted on April 25, 1966 Date Mayor and City Clerk executed Contract April 26, 1966 Effective date of Contract April 26, 1966 Contract with Noel M. and Betty Lou Phoenix Address 619 Congress Street Costa Mesa, California Brief description of Contract License Agreement for the operation of the Amount of Contract $5,220 per year ($435 per month on the first day of each month omneneing May 1, 1966 ftt I T •aem 4/151166 (8) 1. 1 LICENSE. AptEEMENT, NEWPORT AND;.BALBOA PIERS 2 3 THIS AGREEMENT, made and entered into this 2 4' day of 4 An. 1� 1966, between toe C ;1'Y, OF NEWPORT BEACH,' a 5 municipal corporation, hereinafter referred to.as "City ", and 6 NOEL M. PHOENIX and BETTY LOU PHOENIX, hereinafter referred to as 7 "Licensee "; 8 WITNESSETH: 9 WHEREAS, the City is the owner and is in possession and 10 control of certain piers known as Newport Pier and Balboa Pier and 11 located in the City of Newport Beach, which extend into and over 12 the water of the pacific Ocean at the extensions of M,acFadden Place 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 and Main Street, which piers are used by the general public for the purpose of fishing and other recreation; and WHEREAS, it is the opinion of the City Council that it is advisable that the operation and the maintenance of the lunch stand and live bait concessions currently in operation on said piers be continued for the use and convenience of the. public and all persons using the pier for fishing and recreational purposes; and WHEREAS, there are presently in effect two separate license agreements authorizing the maintenance of concessions on the Newport and Balboa Piers, an agreement covering the Newport Pier between the City and George C. Hiner, entered into on Jan- uary 1, 1964, which was subsequently transferred to Noel M. Phoenix and Betty Lou Phoenix on May 24, 1965; and an agreement covering the Balboa Pier between the City and John Charles Kirk, entered +1 into on January 4, 1966; and WHEREAS, Noel M. Phoenix and Betty Lou Phoenix wish to replace John Charles Kirk as the Licensee for the concessiops-oa the Balboa Pigr.and to continue as the Licensee for the Newport Pier under a new license agreement covering both piers;; and ?i WHEREAS, the proposed arrangement is mutually,:agr ?eable i m t q ; a ' 1 to City, the Phoenixes and i .' j_ rtes Kirk; 2 NOW THEREFORE, in considerati' 'of,the payments,-herein- on after specified'and.the faithful perform ce Of the other covenants 4 of this agreement by Li ei�see, City i�,ereby_,S ;ante_,t Licensee a .,. -„ license, privilege and ri "of operating lunch stands and live 6 biit and tackle concessions on sai;i piers for a term beginning 7 May 1, 1966, and ending December 31, 1969, for the sum of five. 8 thousand two hundred twenty dollars ($5,220) per year during the .9 term of this agreement as follows: Four hundred thirty -five dol- 10 lars ($435) per month on the first day of each month commencing 11 May 1, 1966. 12 Said Aicense and privilege herein granted are subject to 13 the following, terms,,: covenants and conditions: 14 1. Conduct of Business. 15 In conducting said businesses of•aunch stands and,live 16 bait and tackle concessions, Licensee shall obtain and the oper- 17 ations shall be subject to the continuing approval of the Orange 18 County 'Health Department. Licensee shall obtain all necessary 19 licenses from the City of Newport Beach to conduct the businesses .20 on said piers. 21 2. Assignment. 22 This license agreement shall not be sold, 4tssigned, 23 transferred, mortgaged, pledged or hypothecated by Licenseewith- 24 out the prior written consent of City, nor shall Licensee sublet 25 the 'premises or any part thereof or permit the same to be oocupied 26 by any other person whomsoever without the prior written approval 27 of City first had and obtained. 28 3.. Automatic Termination. 29 In the event of voluntary or involuntary bankruptcy or 30 insolvency of Licensee, said bankruptcy or insolvency $hall,.auto- 31 matically terminate this license and it shall not become an asset I 32 of Licensee or any referee or assignee in, such insolvency or 2. r 4 , '....Y rid ;a t 1 2 3 4 5 6'. 7 8 91 10 11 12 13 14 15 16 17 18 19 20 21 22'' 231 24 25 26 27 28 29 30 31 32 bankruptcy proceedings. • 4. Utilities and Sewerage. Newport Beach water is available to the buildings on the piers. Licensee shall be entitled to water service under the same terms as any other occupant of the premises of the City and shall pay the same fees, rate or rates as any other occupant. Newport Beach sewer service is not available to the buildings on the piers. Licensee shall provide and maintain at its sole cost and expense any chemical toilets and other appurtenant equipment for sewage disposal required by the Orange County Health Depart- ment in the operation of the businesses. 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. 5. Maintenance and ReRairs. The buildings and the pipe lines, conduits, electrical equipment and other equipment used for the purpose of storing and selling live bait on said piers are the property of City. Licensee agrees to keep the buildings and all of said equipment in good condition 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 the City at the end or other termination of this license agreement in as good con- dition as it is it the time of execution of this agreement, rea- sonable wear excepted. Licensee agrees to complete certain structural, electrical and plumbing improvements on and in the structure on Balboa Pier by June 1, 1966. Licensee acknowledges that the nature and extent of said improvements have been explai to him by City and agrees to complete said improvements to the satisfaction of the City Buildin4 and Safety Director. It,is further understood and agreed that City need not replace the buildings, piers, or any parts thereof, or any of .the City 3. Z 2 3 4' 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25. 26. 27 28 29 30 31 32 equipment used in connection with Licensee's operations under this license agreement in case the same should be destroyed by fire, accident, catastrophe or other cause. Should the buildings, piers. 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 terminate this agreement by giving thirty. (30) days written notice to the City. If any such damage or des- truction should occur and Licensee undertakes the repair of'either pier building or facilities, his obligation to pay rent shall be suspended on the particular pier concession so affected for the period of time his business operations are completely and neces- sarily suspended but not to exceed ninety (90) days, the rental to continue on the.unaffected pier figured on the basis of two hundred seventy-five dollars ($275) per month :for Newport Pier and one hundred sixty dollars ($160) per month for Balboa Pier. 6. IndSRendent Contractor. City shall have no interest in the..operation of the lunch stands or live bait and tackle concessions,. 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 stands or live bait and tackle concessions. It is understood and agreed that Licensee operates both the lunch stands and live bait and tackle concessions as an-independent contractor. 7. Public Liability Insurance. 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 stands and live bait and tackle concessions are conducted, by reason of the'oper anon, use or occupancy of the piers by Licensee. Licensee further agrees to maintain at all times throughout the term of the license ggreement public liability insurance in the amount of $500,000 for 4, :J P 11 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 f injury to one person, $1,600;000 for injuries in one accidient, and $160,000 for property damap, in which policy or policies of insurance City shall. be named as an additional insured. Skid policy or policies 8lsatll contain Bm; endorsement providing the insurance company shall not cancel such nalicy 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. 8. Compliance with all Laws. 4 ! Licensee agrees to operate the businesses for the term of this agreement and to comply with all laws, rules and regula -. tions of the .City, State of California and the Federal Government in his occupancy of and the operation .:andconduct.of his busines- ses on said piers. 9. Pier Areas. Licensee further agrees to keep the decks of-the piers in a clean condition at all times throughout the term of this. license agreement to the satisfaction of the City Manager.: Licensee agrees to permit only,one vehicle owned and operated by him or his employees at any one time on either pier for serving his businesses and to take reasonable steps to prevent vendors from driving vehicles on to the piers. 10. Failure to Maintain and Repair. If Licensee fails to comply with the requirements of 251 Paragraph 5 of this agreement with regard to maintenance and 26f- repair of the buildings and equipment, the City Manager shall 27 notify Licensee by certified mail of such failure, and if -the 28 deficiencies are not corrected by Licensee within five,(5) days 29 following the receipt of the notice, the City Manager may proceed• 3p to have the work done and Licensee shall be obligated to reimburse 31 City for the costs thereof. Failure on the part of Licensee to 32 reimburse City within thirty (30) days of receipt of suchjbilling J. 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 2.1 22 25 24 25 26 27 28 29 3.0 31 32 shall .result in ap"tic terno' on n in -of th s, agreeme t. addition, if Licensee shall,' , I ;eeR the e -itire decks of each `q 4p ,� pier.in a clean condition as required'in accordance with para- graph 9 of this agroemf4 A the City Manager or his agent shall verbally notify Licensee A -,-_q ch. f#ilur and if the deficiency is 12, P� not corrected within twenty-four (24) hours following such notifi- cation, the City Manager may proceed to ha e the work done and deduct the expense for same from a one hundred dollar ($100) cash deposit which Licensee shall deposit with the City for this specific purpose. Any unused balance of cash.deposit will be returned toLicensee upon expiration of this agreement. 11. Termination. It is understood and agreed that the City Council may, upon thirty (30) days written notice, terminate this license agreement for any reason. Licensee may terminate for any reason upon giving sixty (60) days written notice to the City. Upon termination 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 same. In case of termination, Licensee shall have no obligation to pay rent for any time subsequent to the date of termination. 12. Administration of Agreement. 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 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 shall be final. 6. - i. h 13.. Cancellation ofyExistin &Agreement; - 2 It is' mutually agreed th*;;t ",,existing license agree- 3 ment for concessions on the Newport Pier dated January 1; 1964 4 between the City and Noel MPhoenix and Betty Lou Phoenix is 5 hereby cancelled as of the effective date of this agreement.,,l ; 6 IN WITNESS WHEREOF, the parties hereto have executed j 7 this agreement as of the day and year first above written.' 8 10 11 APPROVED AS TO C�4 12 C 13 Tu eymour Cit Attorney 14 16 II 17 18 19 20 21 , .CITY OF • s" J By Attest: k 22 I agree that the License Agreement for concessions on the Balboa Pier dated January 4, 1966 between the City and,the undersigned shall be cancelled on the effective date of the above 23 agreement. 24 ISO= (;Marie's KTrK 26 27 28 29 30 31 32 7. aeM • ell I6 e7 (12) 1 REse�� at0. 2 A RESOLUTION (`F THE CITY Catmm OF THE CITY QP N^1.Ev ORT BEAD €1 AUTRORUM TMI R ECU"TION OF 3 A LICKNSE AUNT GtI1 . NOEL Ili. PHOENIX AND 4 BETTY LOU PHORM 5 �I tdHEFEAS, the City of Newport: 3leech cane, Noel M. Phoenix 6� and Betty Lou Phoenix are parties to a license agreement dated 7 .Jan:;ary 1, 1966, under which the licensees have s license, privi- 8 lege and right of operating a lunch stand and live bait conces - 9 sion on the Newport Pier for a term of three years ending on 10 December 31, 1966; and 11, &'f&REAS, the City and ,John Charles kirk are parties to 121 a license agreement dated January 4, 1966, under which the 13 licensee has a license, privilege and right of operating a lunch 14 stared and live bait and tackle concession on the Balboa Pier for 15 a term at three years beginning January 1, 1966; and 16 WHEREAS, there has been presented to the city council a 17 new license agreement under which the City would grant to Noel 18 g. Phoenix and Betty Lou Phoenix a license, privilege and right of 191 operating lunch stands and live bait and tackle concessions on 201 both the Balboa Pier and the Newport Pier for a team beginning Icy 21j ! 1, 1966 and ending December 31, 1969, and which agreement would 22 also cancel the existing license agreements described above; and 2.3 WHEREAS, John Charles Kirk has agreed to the cancel- 24 lation of the existing license agreement for concessions on the 25 Balboa Pier; and 26 W=XAS3 the City Council has considered the terms and 27 conditions of the proposes: license agreement and found them to be 28 fair and equitable; 29 HOW $ T1iEitEPORE, BE IT RESOLVED that said license agree - 30 moment be approved and the Mayor are city Clerk are authorized and 31 directed to execute the same on behalf of the City of Newport Beac 32 ADOPTED this 25th day of April... , 1966. Ai: City 6lenrk May at 1966 Betty Lou Phoenix and Noel Phoenix 819 Congress Street Costa Mesa, California Dear Mr. and )tire. Phoenix: Enclosed is s' duly executed copy of the license agreement dated April 26, : 1966 between the City of Newport Beach and Noel M. Phoenix and Betty Lou Phoenix for opration of the Newport and Balboa Pier concessions. The execution of subject agreement was authorised by the City Council at its regular meeting on April $6. 19660 -by the adeption of Resolution No. 6346, copy of which is �. attached. - Yours very truly, MAROSIT SCAR©UDER 'City Clerk City of 3iO*AAert v�tl�q Yom.. Laura Lagios Deputy City Clerk 101 Sucl. ?= F�'iSSiIY➢\ �� d2: '�" ' ham&.. �+ae'1T Subject: Agenda-Item 1-12 Transmitted are two copies of 4, proposed o liceiise 'agreenteup-:, '-u Phoenix betwean.. the, City:l�inldl noel M" Pboienix �au- Betty Lei -- '-Pier ess 0 for. .ope*ration of tbo: MeW.q and laiaboa c i the attubed,resolution, if adoited.by the City - Council. Sri approve said agreement and aidiiiize its execution on Iiihilf of the City. The original and 'three c( 9 of the �qeeu *At are being, -Tie, Lt 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER April 22, 1966 TO: CITY MANAGER FROM: Administrative Assistant �i SUBJECT: TRANSFER OF LICENSE AGREEMENT ON BALBOA PIER CONCESSION. Recommendation: J� C It is recommended that the City Council authorize the transfer of the City's existing Balboa Pier concession license agreement with Mr. John C. Kirk to Mr. and Mrs. Noel M. Phoenix, effective May 1, 1966. Discussion: Through unexpected good fortune, Mr. Kirk, is no longer financially dependent upon the Balboa Pier concession for his livelihood. Four parties have expressed an interest in this concession since Mr. Kirk first indicated his intentions of terminating the agreement and disposing of his merchandise, equipment and fixtures at the earliest possible date. Kirk has discussed a variety of possible financial arrangements with the parties interested in the concession, and has been most satisfied with the proposal furnished by Phoenix. These two parties have now finalized their purchase agreement, subject to the approval of the City's transfer of the license agreement. I believe such a transfer would be desirable at this time for two primary reasons: First', the City would be dealing with one licensee who would be operating both pier concessions. This will enable the City to have greater control over the total pier concession operation. 'Second, Phoenix and his family have operated the Newport Pier concession for several decades and also operated the Balboa Pier concession prior to the time Kirk took on the operation in 1958. Thus, the pier concession would continue under com- petent and experienced management. This could not be said of the other inter- ested parties, as none of them had any prior experience in operating a pier concession business. I have had the Building and Safety Department make a thorough investi- gation as to the 'existing condition of the Balboa Pier concession structure, and to prepare a comprehensive list of structural, electrical, and plumbing improvements which should be made. These improvements have been discussed with each party interested in the pier concession, and it has been emphasized that these improvements must be made as a condition of the license agreement transfer. The cost of these improvements could easily total $800'or $900. Phoenix has indicated a willingness to complete these improvements on or before June 1, 1966. A new 3i=year., 8- month license agreement governing the operation of both pier concessions has been drawn for Council consideration on April 25. This agreement has incorporated a provision requiring that the above - mentioned improvements be made on or before June 1, 1966. In addition, k'higher deposit • • fee of $100 for the cleaning of both piers has been incorporated into this new agreement. Should either pier not be cleaned to the satisfaction of this office, the City can have the work done and deduct the cost of same from the $100 deposit. Finally, the agreement provides that Phoenix will pay the sum of $5,220 per year, payable at the rate of $435 per month; for the privilege of operating these two pier concessions. This reflects the same amount of revenue presently received under the'two existing separate license agreements. It would be desirable if the Council would authorize the execution of this new license agreement at the April 25 Council session. A resolution for the adoption of same has been prepared for Council consideration at that time. JPD /mjc � . IL.UZ=1 JAMES-P. DE CHAINE