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Home My WebLink AboutC-1263 - Newport & Balboa Pier concessionsV1 Policy No. RLU 710597 Name Insured Newport Balboa Piers Concessions This is to certify that the City of Newport Beach CERTIFICATE OF INSURANCE FOR LEASE OF CITY (Name of Company or of LOS ANrFT F.S rAT TFORNTA (Address of Company or Organization) has issued to BALBOA PIER CONCESSIONS of Insured) Rig rONGRFSS STREET COSTA MESA, CALIFORNIA (Address of Insured) At I;,j,`.rry OF The policy of Liability Insurance described herein, which by the attachment of the City Property Endorsement has been changed in accordance with the terms of the Endorsement. Coverages and limits of liability under the policy are not less than: BODILY INJURY PROPERTY DAMAGE $100,000 each person $50,000 each person $300,000 each occurrence $50,000 each occurrence CITY PROPERTY ENDORSEMENT This endorsement is attached to the policy described herein to assure compliance by the named insured with the terms and provisions of the lease, rental or other agreement entered into between the insured as Lessee and the City of Newport Beach as Lessor. The Company or Organization amends the policy described herein as follows: 1. If the policy is cancelled or changed so as to affect the coverages, at least fifteen (15) days prior written notice of such cancellation or change will be sent to the Lessor, City of Newport Beach, c/o City Manager, 3300 Newport Boulevard, Newport Beach, California 92660. 2. The Lessor City of Newport Beach, its officers, and employees are hereby declared to be additional insureds in the policy described insofar as they may be held liable for injuries, deaths, or damage to property occuring in or about the leased premises including negligence of the city and the company waives any right of contribution which it may have against any other insurance carrier by the additional insureds. INSURANCE REQUIREMENT Lessee shall, at his own expense, take out and keep in force during the within tenancy, public liability insurance, in a company or companies to be approved by the Lessor, to protect the City of Newport Beach, its officers and employees against any liability, including negligence of the City, to any person incident to the use of, or resulting from injury to, or death of, any person occuring in, or about the demised premises, in the amount of not less than $100,000.00 to insure against the claim of one person; in the amount of not less than $300,000.00 against the claims of two or more persons resulting from any one accident; and $50,000.00 for damage to property. Said policies shall obligate the insurance carriers to notify the Newport Beach City Manager in writing, not less than fifteen (15) days prior to the cancellation thereof, or any other changes affecting the coverage of the policies. Lessee shall furnish as proof of public liability insurance, a fully executed copy of City form, "Certificate of Insurance for Lease of City Property" and "City Property Endorsement." Lessee agrees that, if Lessee does not keep such insurance in full force and effect, Lessor may take out insurance and pay the premiums thereon, and the repayment thereof shall be deemed to be additional rental. This endorsement countersigned by an authorized representative of the Company or Organization becomes applicable endorsement number Effective Date of Policy: 2 -1 -72 Expiration Date of Policy: 2-1 -75 Dated: 2-8-73 19 at Newport Beach, California (City) (State) Name of Agent or Broker: JAY & RENFRO Address of Agent o Countersigned By: IMPORTANT — THIS FORM IS THE ONLY CERTIFICATE OF INSURANCE ACCEPTABLE TO THE CITY OF NEWPORT BEACH OFFICE OF THE MANAGER August 1972 a CITY OF NEWPORT BEACH CALIFORNIA DATE 1 -5-78 TO: FINANCE DIRECTUR FROM: City Clerk SUBJECT: Contract No. Extension of C-1263 City Hall 3300 W. Newport Blvd. Area Code 714 673 -2110 Description of Contract Interim Lioense Agreement for Newport and Balboa Pim Authorized by Resolution No. 7896 , adopted on 12 -18 -72 Effective date of Contract Deoember 19, 1972 Contract with Noel M. 6 Betty Lou F oenix Address 819 Oonazess Street Costa Mesa, CA Amount of Contract Sams Tame ity Cle c Mr. and Mrs. Phoenix picked up a copy of the agreement when they came in to sign it on December 19, 1972. RESOLUTION NO. 7 8 9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE EXECUTION OF AN INTERIM LICENSE AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND NOEL M. AND BETTY LOU PHOENIX FOR OPERATION AND MAINTENANCE OF CERTAIN CONCESSIONS AT NEWPORT AND BALBOA PIERS WHEREAS, there has been presented to the City Council of the City of Newport Beach an interim license agreement between the City of Newport Beach and Noel M. and Betty Lou Phoenix for operation and maintenance of certain concessions at Newport and Balboa Piers; and WHEREAS, the City Council has considered the terms and conditions of said agreement and found them to be fair and equitable; NOW, THEREFORE, BE IT RESOLVED that said agreement for the services above described is approved, and the Mayor and City Clerk are hereby authorized and directed to execute the same on behalf of the City of Newport Beach. ADOPTED this 18th day of December , 1972. ATTEST: City Clerk Mayor dm 17./14/72 - "-`• =" '-,..fit .. 1' a \,�I INT rLICENSE AGREEMENT NEWPO AND BALBOA PIERS THIS AGREEMENT, made and entered into this Ar7-/f day of PI&M,1%6,o , 191�41jbetween the CITY OF NEWPORT BEACH, a municipal corporation, hereinafter referred to as "City ", and NOEL M. PHOENIX and BETTY Lou PHOENIX, hereinafter referred to as "Licensee "; W I T N E S S E T H: WHEREAS, the City 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 McFadden 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 stands and live bait and tackle 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 is in effect one license agreement authorizing the maintenance of concessions on the Newport and Balboa Piers between the City of Newport Beach and Noel M. Phoenix and Betty Lou Phoenix, which will expire on December 31, 1972; and WHEREAS, Noel M. Phoenix and Betty Lou Phoenix wish to continue as the Licensee for the concessions on both the Newport Pier and Balboa Pier under a new license agreement covering both piers; and -1- ,I � • WHEREAS, the proposed arrangement is mutually agree- able to City and the Licensee; and WHEREAS, it is desirable and necessary that an interim agreement be entered into in order that a long term agreement might be negotiated and entered into at a later date; NOW, THEREFORE, in consideration of these premises City hereby grants to Licensee a license, privilege and right to operate lunch stands, and tackle and live bait concessions on said piers for a term beginning January 1, 1973, and termin- ating on March 31, 1973, unless terminated sooner by the terms of a long term agreement executed by the parties hereto prior to the termination date of this agreement. This interim agreement shall be under the terms and conditions set forth in the agreement between the parties hereto which was executed on December 23, 1969, and which is attached hereto as Exhibit "A" and is incorporated herein by this reference. IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day and year first above written. APPROVED AS TO FORM. AsSr =C y Attorney 1.2 OF NEWPORT BEACH mayor ATTEST : City Clerk CITY Noel 9. Ph enix Betty,you Phoenix -2- LICENSEE DRB : sh 12/12/72 A 1 CALIFORNIA 91Lw flay 24, 1972 Mr. Noel M. Phoenix 819 Congress Street Costa Nesa, California 92627 Dear Mr. Phoenix: Subject: License Agreement for Newport and December 23, 1969 - tiemorandum of Water Service City Hall 3300 Newport Blvd. (714) 673 -2110 Balboa Piers `Date-d`"--' Understanding Re: Pursuant to the understanding reached in my office on Thursday, April 13, 1972, between you and the City of Newport Beach, the following arrangement will govern the disposition of the outstanding water bill in the amount of S514.44 for the Balboa Pier from October 7, 1970, to May 12, 1972: 1. The entire billing will be written off city records through May 12, 1972. This is for the following reasons: a. Our inability to accurately apportion that water used ,without authorization during recon- struction of the Balboa Pier Parking Lot by the city's contractor; b. The inordinately large amount of water used during the winter months when the Balboa Pier concession is closed; c. Your inability as an operator to control water used at fish cleaning stations when you are absent from the pier; d. Your offer to meter and pay for water at the Newport Pier and to pay for your own concession water only at the Balboa Pier. 2. As a condition of the write -off, you will pay for all - costs for the installation of a 3/4 inch water service meter at the building now under lease to you at the Newport Pier and the City will olace a 3/4 inch meter to )cur CGnc3s54Oi bUildi r:,G1Y 9t th� S_Ib::a Pier. LL I u -Ul r1.0 1'J T�L tl�� tiG.fyo) f� ♦'IC.�.- -. _�Y' .a will be as follows: 72_6 r Mr. Noel Phoenix May 24, 1372 Pare Two 46 a. Installation of a meter at Balboa Pier concession - Nc charge made since meter already installed serving entire pier NC b. Water turn -on deposit at Balboa Pier $ 10.00 c. Installation of concession meter at Newport Pier 125.00 d. Water turn -on deposit at Newport Pier 10.00 TOTAL $145.00 3. You will continue to maintain the piers in the manner provided in Section 5 of the agreement. Three (3) copies of the agreement are enclosed. Please keep one for your records and return two executed copies to me. Very truly yours, PHILIP F. BETTENCOURT Assistant City Manager PFB:sh Enclosures c: City Manager City Attorney Public Works Director Finance Director Utilities Superintendent Acknowledged: 'Noel M. Phoenix Date: T' Named leisured a Addreiss r Noel Phoenix DBA: Newport boa° Piers ofidestsiens 819 Congress Street Costa Mesa, California ROYAL GLOBE �,Ry�F, ✓F� ® r INSURANCE COMPANIES Z F C� J 9 � CERTIFICATE OF INSURANCE �F�I' o/, ", F 1 F_ CpllF £ACy L Jay & Renfro Produce, I L ewport Beach, California J The policies indicated herein apply with respect to the hazards and for the coverage and limits of liability indicated by specific entry herein, subject to all the terms and conditions of such policies. This certificate is issued as a matter of information only, and confers no rights an the holder. It imposes no liability upon the Comaanv and does not amend. extend. or alter.in anv wav the coverage or the limits of liability afforded by any of the policies designated herein. COMPANY Royal Indemnity Co m an DATE 2/l/72 HAZARDS POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE COVERAGES AND LIMITS OF LIABILITY ' BODILY INJURY LIABILITY PROPERTY DAMAGE LIABILITY EACH PERSON EACH OCCURRENCE EACH OCCURRENCE AGGREGATE Gen" Liability Premises -0perotions RLU 710597 2/l/72 2 1 '1 X 000000 'Sin lWD ""imit Ooo L ,DOD Elevators t ,000 5 ,000 i ,000 Independent Contractors S ,000 5 000 S 000 s ,000 Products- Completed 0perotions s .000 s 000 s 000 S ,000 AGGREGATE s ,DDD Contractuolbs described below s ,000 s 000 s 000 s ,000 Aotomebile Liability Owned Automobiles s ODD s .000 s 000 Hired Automobiles $ Q00 S ,000 S 000 Non ,Owned Automobiles s 000 s ,000 s 000 y/orkmen's compemotion COMPENSATION STATUTORY STATE IST LOCATION AND DESCRIPTION OF OPERATIONS, AUTOMOBILES, CONTRACTS, ETC. (FOR CONTRACTS. INDICATE TYPE OF AGREEMENT, PARTY AND DATE.) Balboa Pier, Newport Beach, California McFadden Place Pier Newport Beach, California 'IF LIMITS OF LIABILITY DIFFER FROM POLICY LIMITS, CHECK HERE: n F_ ksued At The Request Of L C L 20798 F This,is to certify that the Company named herein has City of Newport Beach issued to the Named Insured the policies listed above. J JAY & RENFTlFMllun izrrl 1(,- sr 7j RENFRO INSURANCE BROKERS JAY &- _ POST OFFICE BOX 1607 333 NORTH NEWPORT BOULEVARD NEWPORT BEACH. CALIFORNIA 92663 TELEPHONE 17141 518-1(85 INSURANCE COVERING NOTE INSURANCE FOR THE ACCOUNT OF AND /OR IN FAVOR OF: NAME naJGi a7iVO�fiZ curt: i"y - MAILING B19 COngre3s Street ADDRESS Costa, Mesa, California LOCATION No. 513W 1 1 _ I Fabraa�rSt 14, 1l DATE a ❑ HULL ❑ HOMEOWNERS ❑ TENANTS .OTHER OR REMARKS StorekeeDer's Liability Coverage is included , Pending issuance of renewal of Policy MU 57 60 66 ❑ PREMIUM TO BE BASED UPON FILED INSUROR RATES ❑ PREMIUM TO BE DETERMINED BY UNDERWRITING MORTGAGEE Royal I(n Company IS HEREBY COVERED IN THE INSURANCE COMPANY A PERIOD OF 30 —DAYS 'tY�. y��..�,{_O J _1 pAYS COMMENCING FWrZIarY 1 ♦FOR 19 72 AT 12 : Ol en. AND CEASING 44ra.:aa l- 19 72 AT 12 #01 M. OR AT SUCH TIME l PRIOR THERETO AS THE NAMED COMPANY'S POLICY SHALL BE ISSUED. THE LIMIT OF THE COMPANY'S LIABILITY SHALL BE AS STATFj1._HEREIN, SUBJECT TO ALL THE TERMS OF THE COMPANY POLICY HAVING REFERENCE THERETO. k I; Additional Insured =r �j LAY IF ANY, TO THE INSURED AND City of Newport Beach' 1' Newport Seach ,i COVERAGE LIABILITY Z B. I. LIMITS $1,000,000 3 P.D. LIMITS InCl, - 'X MED. LIMITS g250/10,00A- '! ❑ COLLISION $ DEDUCT ❑ COMPREHENSIVE ❑ A.C.V. ❑ $ DEDUCT ❑ COMPENSATION ❑ L & H.W. ❑ GLASS ❑ BURGLARY ❑ PROTECTION & INDEMNITY PROPERTY ❑ BUILDING S ❑ A.C.-4b ❑ CONTENTS $ ❑ A.C.-4b ❑ BLOCK $ ❑ A.C.__gb ❑ U & O E ❑ C.C.-9b ' ❑ HULL ❑ HOMEOWNERS ❑ TENANTS .OTHER OR REMARKS StorekeeDer's Liability Coverage is included , Pending issuance of renewal of Policy MU 57 60 66 ❑ PREMIUM TO BE BASED UPON FILED INSUROR RATES ❑ PREMIUM TO BE DETERMINED BY UNDERWRITING MORTGAGEE a x y`x - t La s CO ROYAL GLOBE l l INSURANCE COMPANIES JAN 1971 9 CITY CERTIFICATE OF INSURANCE A I— NOEL PHOENIX DBA: NEWPORT rAY & RENFRO' \16 ' Named BALBOA PIERS CONCESSIONS \ tma °d 819 CONGRESS ST. pr.dacar NEWPORT BEACH, CAL4f, Address COSTA MESA, CALIF. L L J The policies indicated herein apply with respect to the hazards and for the coverage and limits of liability indicated by specific entry herein, subject to all the terms and conditions of such policies. This certificate is issued as a matter of information only, and confers no rights on the holder. It imposes no liability upon the Company and does not amend, extend, or alter in any way the coverage or the limits of liability afforded by any of the policies designated herein. RnYAI INn_ CO_ 2/1/71 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 9790 66 2/1/71 2/1/72 s I , 000000 SS I NGL,Eoo tL I M I Two s ,000 Elevators $ ,000 s ,ODO s ,000 Independent Contractors s ,000 5 1000 s ,000 s ,000 Products- Completed Operations s ,000 5 ,000 s ,000 s ,000 AGGREGATE ♦ 5 .000 Contractual -as described below s ,OOD s ,000 5 ,000 s ,000 Automobile liability Owned Automobiles s ,000 s ,000 s ,000 Hired Automobiles s ,000 s ,000 s ,000 Non -Owned Automobiles $ ,000 s ,000 5 ,000 Workmen's Compensation COMPENSATICN- 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. MCFADDEN PLACE PIER NEWPORT BEACH, CALIF. ................... JAY & IREN HO < 830VNYW All: 1NY1SlSSV 333 N. NEWPORT BLYD., NEWPORT BEACH, CALIF. ................. :mr rN :v.lcQ 19f..d CITY OF NEWPORT BEACH. At The IRequest Of L J C L 20798 E Telephone Liberty B -1185 This is to certify that issued to the Named ON 6 Illsaw named herein has ilicies listed above. APPROVED AS TO SUFFICIENCY, Date: 1—o� 6 — 71 CITY y+f r- -,F CG BY• AS STANT CITY MANAGER ROYAL GLOBE INSURANCE COMPANIES CERTIFICATE OF INSURANCE F_ NOEL PHOENIX DBA: NEWPORT 1 r JAY & RENFRO Named BA LBOA PIERS CONCESSIONS 619 CONGRESS STREET P,oaum, NEWPORT BEACH, CALIFORNIA Ada... COSTA MESA, CALIFORNIA I L The policies indicated herein apply with respect to the hazards and for the coverage and limits of liability indicated by specific entry herein, subject to all the terms and conditions of such policies. This certificate is issued as a matter of information only, and confers no rights on the holder. It imposes no liability upon the Company and does not amend, extend, or alter in any way the coverage or the limits of liability afforded by any of the policies designated herein. I COMPANY ROYAL INDEMNITY COMPANY DATE 2/1/70 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 1 11 0000 IS I NGL[D LIMIT 000 s ,000 Ea .tors 5 ,000 5 ,000 E ,000 Independent Contractors 5 000 5 ,000 s ,000 5 ,000 Products- Completed Operations % ,000 5 ,000 5 ,000 5 ,000 AGGREGATE+ s 000 Contractual -as described below S ,000 s ,000 i ,000 S ,000 Automobile Liability Owned Automobiles a ,000 a 000 a ,000 Hired Automobiles S 000 s 000 s ,000 Non -Owned Automobiles 5 ,000 5 ,000 b ,000 Workman's Compensation COMPENSATION STATUTORY -SIAT E IS 1 LOCATION AND DESCRIPTION OF OPERATIONS, AUTOMOBILES, CONTRACTS, ETC. (FOR CONTRACTS, INDICATE TYPE OF AGREEMENT, PARTY AND DATE.) BALBOA PIER, NEWPORT BEACH, CALIF. MCFADDEN PLACE PIER NEWPORT BEACH, CALIFORNIA F This is to certify that the Company named herein has I....d issued to the Named Insured the policies listed above. A,Th. CITY OF NEWPORT BEACH R.qu..t Of L J 0 Authorized Reptesenta C L 20798 E JAY & RFIVRO R t � TO: FINANCE DIRECTOR FROM: City Clerk SUBJECT: Contract No. C-1263 Description of Contract License Agxemnent Newport B Balboa Piers Authorized by Resolution No. 7119 , adopted on Effective date of Contract 12 -23-69 12 -22 -69 Contract with Noel M. Phoenix and Betty Lou Phoenix Address 819 ompress Streets Costa Mesa, CA Amount of Contract $6,300 per year City Cle < 0 Mr. and Mrs. Noel M. Phoenix 819 Congress Street Costa Mesa, California 0 December 2.6, 1969 Enclosed is an:--executed copy of the license agreement between you and the City of Newport Beach for the maintenance of concessions on the Newport and Balboa Piers. Said agreement was authorized by the City Council on December 22 by the adoption of Resolution No. 7119, copy of which is also attached. Laura Lagios City Clerk LL-dg Encl. 2 3 LICENSE AGREEMENT NEWPORT AND BALBOA PIERS 4 5 THIS AGREEMENT, made and entered into this -23,w day i 6 of o _, , 19 a between the CITY OF NEWPORT 7 BEACH, a municipal corporation, hereinafter referred to as "City", 8 and NOEL M. PHOENIX and BETTY LOU PHOENIX, hereinafter referred 9 to as "Licensee "; 10 W I T N E'S S E T H 11 WHEREAS, the City is the owner and is in possession and 12 control of certain piers known as Newport Pier and Balboa Pier and 13 located in the City of Newport Beach, which extend into and over 14 the water of the Pacific Ocean at the extensions of MacFadden Place 15 and Main Street, which piers are used by the general public for the 16 purpose of fishing and other recreation; and 17 WHEREAS, it is the opinion of the City Council that it 18 is advisable that the operation and the maintenance of the lunch 19 stands and live bait and tackle concessions currently in operation 20 on said.piers be continued for the use and convenience of the 21 public and all persons using the pier for fishing and recreational 22 purposes; and 23 WHEREAS, there is in effect one license agreement 24 authorizing the maintenance of concessions on the Newport and 25 Balboa Piers, between the City of Newport Beach and Noel M. Phoenix 26 and Betty Lou Phoenix, which will expire on December 31, 1969; and 27 WHEREAS, Noel M. Phoenix and Betty Lou Phoenix wish to 28 continue as the Licensee for the concessions on both the Newport 29 Pier and Balboa Pier under a new license agreement covering both 30 piers; and 31 WHEREAS, the proposed arrangement is mutually agreeable 32 to City and the Licensee; i .1r 1 2 3 4 5 6 7 8 9 10 11 i2 13 14 15 16 17 18! 191 20i 2111 2211 23 j 24i, 25 261; 271 281', 29 30 3111 32I r i NOW, THEREFORE, in consideration of the payments herein- after specified and the faithful performance of the other covenants of this agreement by Licensee, City hereby grants to Licensee a license, privilege and right of operat 'lunch stands and live bait and tackle concessions on said piers for a term beginning January 1, 1970, and ending December 31, 1972, for the sum of Six Thousand Three Hundred Dollars ($6,300) per year during the term of this agreement as follower. Five Hundred Twenty -five Dollars ($525) per month on the first day of each month commencing January 1, 1970. 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 bait and tackle concessions, Licensee shall obtain and the operations 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 without the prior written consent of City, nor shall Licensee sublet the premises or any part thereof or permit the same to be occupied by any other person whomsoever without the prior written approval of City first had and obtained. 3. Automatic Termination. In the event of voluntary or involuntary bankruptcy or insolvency of Licensee, said bankruptcy or insolvency shall automatically terminate this license and it:.shall; not become an asset of Licensee or any referee or assignee in such insolvency or bankruptcy proceedings. -2- < - I1 2 3 4 5 6 7 8 9 10 111 12 13 14 15 16 17 18 19 20 21 22. `N71 241 251 26 27 28 29 30 31 32 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 Department 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. 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,o4dr to the 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. Licensee agrees to complete certain structural and electrical improvements on both piers by June 1, 1970. These improvements include the replacing of roofs on both buildings, remodeling of the storage room for additional security and to more easily accommodate the needs of the concession operation patrons, completely repainting the interior and exterior of the concession buildings on both piers, and other miscellaneous minor repairs. Structural work shall be accomplished in acco: with plans approved in writing by the City Manager. All work -3- 4 `F.:..: ' '., i :,y� ��.. aR..��..tfz. _ E ,: .,. ..,. ,. a .aL:a .u..a'/�.�.Lti.VL. 51��4(ti:.x':' ^� . J6��._.. a._v I /��[Y'n _� .rte L ....�CL�SdI. � -].i. ..,_ .r _..�w I be completed to the satisfaction of the City Manager. Licensee 2 acknowledges that the nature and extent of said improvements have 3 been explained to him by City and agrees to complete said improve - 4 ments to the satisfaction of the City Building Director. It is 5 further understood and agreed that City need not replace the 6 buildings, piers, or any parts thereof, or any of the City equipment 7 used in connection with Licensee's operations under this license 8 agreement in case the same should be destroyed by fire, accident, 9 catastrophe or other cause. Should the buildings, piers or said 10 equipment be so destroyed or damaged to the extent Licensee finds 11 it uneconomical to repair the same and continue to operate the i2 businesses, he may terminate this agreement.by giving thirty (30) 13 days' written notice to the City. If any such damage or destruction 14 should occur and Licensee undertakes the repair of either pier, 15 building or facilities, his obligation to.pay rent shall be 16 suspended on the particular pier concession so affected for the 17 period of time his business operations are completely and neces- 18 sarily suspended, but not to exceed ninety (90) days, with the 19 rental to continue on the unaffected pier concession figured on the 20 basis of Three Hundred Fifty Dollars ($350) per month for Newport 21j Pier and One Hundred Seventy -five Dollars ($175) per month for 22; Balboa Pier. 23 6. Independent Contractor. 24 City shall have no interest in the operation of the lunch 25 stands or live bait and tackle concessions, and shall riot be 26 responsible for any injury or damage to the person or property of 27 Licensee suffered or sustained in the operation of the lunch stands 281 or live bait and tackle concessions. It is understood and agreed 291 that Licensee operates both the lunch stands and live bait and 30 tackle concessions as an independent contractor. 31 7. Public Liability Insurance. 32 Licensee agrees to hold harmless and indemnify City -4- _. . �. i 1 2 3 4 5 6 7 8 9 10 11 i2 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 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 operation, use or occupancy of the piers by Licensee. Licensee further agrees to maintain at all times throughout the term of the license agreement a public liability insurance policy with coverage in the amount of One Million Dollars ($1,000,000.00) combined single limit for death, personal injury and property damage, in which policy of insurance City shall be named as an additional insured. Said policy shall contain an endorsement providing that the insurance company shall not cancel such policy 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 businesses on said piers. 9. Fier 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 anyone time on either pier for serving his businesses and to take reasonable steps to prevent vendors from driving vehicles onto 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 -5- • 0 i 1 repair of the buildings and equipment, the City Manager shall 2 notify Licensee by certified mail of such failure, and if the 3 deficiencies are not corrected by Licensee within five (5) days 4 following the receipt of the notice, the City Manager may proceed 5 to have the work done and Licensee shall be obligated to reimburse 6 City for the costs thereof. Failure on the part of Licensee to 7 reimburse City within thirty (30) days of receipt of such billing 8 shall result in automatic termination of this agreement. In 9 addition, if Licensee shall fail to keep the entire decks of each 10 pier in a clean condition as required in accordance with paragraph 11 9 of this agreement, the City Manager or his agent shall verbally 12 notify Licensee of such failure, and if the deficiency is not 13 corrected within twenty -four (24) hours following such notification, 14 the City Manager may proceed to have the work done and deduct the 15 expense for same from a One Hundred Dollar ($100) cash deposit 16 which Licensee shall deposit with the City for this specific 17 purpose. Any unused balance of cash deposit will be returned to 18 Licensee upon expiration of this agreement. 19 11. Termination. 20 It is understood and agreed that the City Council may, 21 upon sixty (60.) days' written notice, terminate this license 22 agreement for any reason. Licensee may terminate for any reason 23 upon giving one hundred and eighty (180) days' written notice to 24 the City. Upon termination all rights of Licensee shall end and 25 Licensee shall, within thirty (30) days after the date of termina 26 tion, remove all equipment and materials belonging to him and, in 27 the event he fails to do so, all equipment and materials remaining 28 shall be deemed abandoned by him and shall become the property of 29 City, with full power and authority to control, use or dispose of 30 same. In case of termination, Licensee shall have no obligation 31 to pay rent for any time subsequent to the date of termination. 32I / -6- t 12 '�S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 241 i 25 26 27 28 29 30 31 THS:eg 32 12/10/69 12. Administration of.eement. For the purposes administration of this license agreement by the City, "City" shall mean Manager and any officer and employee of the City authorised by him to administer the contract. If Ligense&,.;is d siatisfied 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. 13. Cancellation of Existing Agreement. It is mutually agreed that the existing license agreement for concessions on the Newport and Balboa Piers dated April 24, 196E between the City and Noel M. Phoenix and Betty Lou Phoenix is hereby cancelled as of the effective date of this agreement. IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day and year first above written. APN,_ 12D AS TO ORM: IT .4. TULLY City A rney .. CITY OF i NEWPORT By 1,100- ,1 ! 1 �nll1, \L1i� mayor ATTEST: 7-01ty Clerk CITY Noel M. Ph enix -7- LICENSEE 3�;xw. I :ice +i - '.q }; Y{� W (Al vili nwom Ali) was" Pins tbm 40 been presented to the city Cress oil Of tote City of R &Wport Somick a certain license as"4"nt betvasn the City of mpoport Meals► and Noel X. and Betty Lit rhoenix for the wall. tenamw of exmaueasioeue on Cho Newport and A&Uwa Piers; and WWWAS , the City Gc unall has considered the tome and aaditioms of aaiei licenser agroalmmt and farad thmp to be SaLt, MW e4mitabliu, and in the maxal interest of the parties;. Tura" t tL IT usol m that said ljoem" agre"wat for the services above described to appxovod, and the !Mayor and City Cleric #era bereby muthorised and directed to ate the on behalf of the City of art ieaak6 AXETISe this 32nd day of oweember f 1%9, City clia x r 1l18f64