HomeMy WebLinkAboutC-1520 - Newport/Balboa Pier concessions0,
RELIANCE
RTIFICATE
INSURANCE
lect on Date of This Certificate
This is to certify that the policy described below has been issued by the UNITED PACIFIC INSURANCE COMPANY or
RELIANCE INSURANCE COMPAN`r, as insurer, only to the Insured named below. Any requirementsor any provisions in
contracts or agreements between the Insured and any other person, firm or corporation shall not enlarge, alter or amend the
definition of Insured or any of the teams, conditions, exclusions, or limitations of the policy described below. That policy,
subiect to all of its limitations of liability, coverages, hazards, exclusions, provisions, conditions and other terms, is in full
force and effect as of the date this certificate was issued.
Noel Phoenix dba: Newport- Balboa
Name of Insured Piers Concessions
Address ofInsured 819 congress Street, Costa Mesa, California
Policy Number GA 3012035 Effective 2/1/75 Expires 2/1/76
COVERAGES LIMITS Of LIABILITY _
MULTIPLE LIMIT PLAN:
Bodily Injury Automobile $ Each Person $ Each Occurrence
Liability Other than Automobile 5 Each Occurrence
$ Aggregate Products Hazard and
Completed Operations Hazard
Property Damage Automobile $ Each Occurrence
Liability Other than Automobile $ Each Occurrence $ Aggregate
SINGLE LIMIT PLAN: Storekeepers Liability
Bodily Injury Liability Automobile $ Each Occurrence
and
Property Damage Liability Other than Aulomobile $ 1, 0 0 0, 0 0 Dch Occurrence $ Aggregate 1 , 0 0 0 000
In accordance with the above, the captioned policy insures the liability of the Insured named above arising from (1)
operations by or on behalf of the Insured, or (2) premises or property used by or on behalf of the Insured in connection with
such operations; subject, however, to all the provisions, exclusions and limitations of the policy.
Covers Two Locations ----- 1)Me Fadden Pier, Newport Beach
2)Balboa Pier, Newport Beach.
City of Newport Beach named as Additional Insured *
The policy provides, under the Insuring Agreements, contractual liability coverage with respect to any contract or agreement
wholly in writing. Such contractual coverage is subject to all the exclusions, conditions and other provisions of the policy.
*As regard Bait E Tackle Shop and Refreshment Stands -not restaurants
#900 Square Feet --15 Day NOTICE Notice of Cancellation
This certificate is issued as a matter of information only and, as such, neither affords any insurance nor confers any rights
upon the holder. It neither affirmatively nor negatively amends, extends or alters the coverage afforded by the policy
identified above.
Except as specifically provided for in this certificate, United Pacific Insurance Company or Reliance Insurance Company has
no duty to notify the party to whom this certificate is addressed as to any changes or cancellation of the policy and shall not
be responsible for any failure to do so.
Date 1/31/75
To City of Newport Beach
Address Newport Beach, ,California
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March 30, 1973
Noel and Betty Lou Phoenix
819 Conszress Street
Costa Mesa, CA 92627
Subject: Contract No. 1520
Enclosed is a fully executed mpy of a license agree-
ment between the City and you for the operation and
maintenance of concessions on the Newport and Balboa
Piers. ''his agreement is effective frrm April. 1, 1973
to December 31, 1-975.
Laura La7ios, C.''. .
City Clerk
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ZEN II NATIONAL I SORAN R WANY
' 6300 YY.iE'SIfk BOULEVARD LOS ANGELES, CALIFORNIA 90048 Telephone 651 -5206 -
CERTIFICATE OF INSURANCE
CERTIFICATE HOLDER AND ADDRESS: NAMED INSURED AND ADDRESS:
City of Newport Beach
City Hall Nohoenix
3300 Newport Blvd dba: Nra rt— Balboa Pier Coneessiens
Newport Beach, Calif. #92660 619 Congress
Costa Mesa, California
THIS IS TO CERTIFY THAT O THE DATE BELOW THE_FOLLOWING DESCRIBED INSURANCE POLICIES,
ISSUED BY THE COMPANY. ARE IN FULL FORCE AND EFFECT:
Name of Coverage
Policy
Effective
Expiration
Llmits of
Number
Data
Date
Liability
2 3 2 112
4/25/72
4/ 2 -5 F7 3
Workmen's Compensation
Statutory
4
Public Liability — Bodily Injury (Not Auto)
$ .ODD each person
$ ,000 each occurrence
Public liability — Property Oarreg, (Not Auto)
$ ,000 each Deourrence
(Explosion, Collapse, Underground Hazards
,
Not Covered Unless Otherwise Stated Herein)
$ ,000 aggregate
Products — Bodily Injury
$ ,ODO each person
$ ,000 each occurrence
$ ,000 aggregate
Products— Property Damage
$ ,000 each occurrence
$ ,ODO aggregate
Specific Contractual — Bodily Injury
$ ,ODD each person
(Other Than Incidental Contracts As Defined
In the Policy)
$ ,000 each occurrence
Specific Contractual— Property Damage
$ ,000 each occurrence
(Other Than Incidental Contracts As Defined
In The Policy)
$ .000 aggregate
r S ,DOD As Per Single Limit Endorsement
DESCRIPTION OF PREMISES AND /OR OPERATIONS COVERED:
Balboa Pier, Balboa, California
Mac Fadden Place Pier, Newport Beach, California
The Company will endeavor to give ten (10) days' written notice to the above Named Certificate- holder should any
of the above described policies be cancelled before the normal expiration date thereof; but failure to give such
notice shall impose no obligation or liability of any kind upon the Company.
THIS CERTIFICATE OF INSURANCE NEITHER AFFIRMATIVELY OR NEGATIVELY AMENDS. EXTENDS OR g1,T,ERS THE COVERAGE AF-
FORDED BY THE POLICIES INDICATED ON THIS CERTIFICATE UNDER POLICY NUMBER.
DATED AT Newport Beach, California...
This 27th day of March 19 73
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LICENSE AGREEMENT
NEWPORT AND BALBOA OCEAN PIERS
THIS AGREEMENT, made and entered into this ;t' fy day
of /V19 R (/// , 1973, between 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 standas 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 rec-
reational purposes; and
WHEREAS, there is in effect an interim 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 March 31,
1973; and
WHEREAS, Noel M. Phoenix and Betty Lou Phoenix wish
to continue as the Licensee for the concessions on both the
Newport and Balboa Piers under a new license agreement covering
both piers; and
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WHEREAS, the proposed arrangement is mutually agreeable
to City and the Licensee: .gs:
NOW, THEREFORE, in consideration of the payments here-
inafter specified and the faithful performance of the other
covenants of this agreement by Licensee, City hereby grants to
Licensee a license, privilege and right to operate lunch stands,
and tackle and live bait concessions on said piers subject to
the following terms, covenants and conditions:
1. TERM OF AGREEMENT:
This agreement shall be in effect from April 1,
1973, until December 31, 1975, unless sooner terminated as here-
inafter provided.
2. COMPENSATION TO CITY:
Licensee shall pay to City the following amounts
on the first of each month commencing April 1, 1973:
A. For the period from April 1, 1973, to December
31, 1973, the amount paid to City shall be
Five Hundred and Fifty Dollars ($550.00) per
month.
B. For the period from January 1, 1974, to
December 31, 1974, the amount paid to City
shall be Five Hundred Seventy Five Dollars
($575.00) per month.
C. For the period from January 1, 1975, to
December 31, 1975, the amount paid to the
City shall be Six Hundred Dollars ($600.00)
per month.
3. 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.
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4. ASSIGNMENT:
This license agreement shall not be sold, assigned,
transferred, mortgaged, pledged or hypothecated by Licensee with-
out the prior written consent of City, nor shall Licensee sublet
the premises or any part therec apr permit the same to be occupied
by any other person whomsoever without the prior written approval
of City.
5. 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.
6. UTILITIES AND SEWERAGE:
Newport Beach water is available to the buildings
on the piers. License 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.
7. MAINTENANCE AND REPAIRS:
The buildings and the pipe lines, conduits, elec-
trical equipment and other equipment used for the purpose of
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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 agree-
ment in as good condition as it is at the time of execution of
this agreement, reasonable wear excepted. Licensee agrees to com-
plete certain plumbing and electrical improvements on both piers
by July 1, 1973. Licensee acknowledges that the nature and
extent of said improvements have been explained to him by City
and Licensee agrees to complete said improvements to the satis-
faction of the City Manager and the Director of the City's Com-
munity Development Department. In addition, the exterior color
scheme and signing of all pier buildings shall be subject to
the approval of the City Manager.
S. DESTRUCTION OF PREMISES:
It is further understood and agreed that City need
not replace the buildings, piers, or any parts thereof, or any
of the City equipment used in connection with Licensee's opera-
tions 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 destruction should occur and Licensee under-
takes the repair of either pier, building or facilities, his obli-
gation to pay rent shall be suspended on the particular pier con-
cession so affected for the period of time his business operations
are completely and necessarily suspended, but not to exceed ninety
(90) days, with the rental:N;p. continue on the unaffected pier con-
cession figured on the basis of Three Hundred Seventy Five Dollars
($375.00) per month for Newport Pier and Two Hundred Dollars ($200.00)
per month for the Balboa Pier.
9. INDEPENDENT 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.
10. PUBLIC LIABILITY INSURANCE:
Licensee shall obtain insurance in the amounts as
set forth in the "CITY OF NEWPORT BEACH CERTIFICATE OF INSURANCE
FOR LEASE OF CITY PROPERTY" and shall cause said certificate to be
executed and filed with the City Clerk of the City of Newport
Beach. The terms of said certificate are, by this reference,
incorporated herein as if fully set forth.
11. WORKMAN'S COMPENSATION INSURANCE:
Licensee shall obtain and maintain appropriate work-
man's compensation insurance coverage for all employees of Licensee.
12. COMPLIANCE WITH ALL LAWS:
Licensee agrees to operate the businesses for the
term of this agreement and to comply with all laws, ordinances,
rules and regulations of the City, County of Orange, State of Cal-
ifornia and the Federal Government in his occupancy of and the
operation and conduct of his businesses on said piers.
13. PIER AREAS:
Licensee further agrees to keep the decks, benches
and areas set aside for fish cleaning of the piers in a clean and
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sanitary 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 employ-
ees at any one time on either pier for serving his businesses and
to take reasonable steps to prevent vendors from driving vehicles
onto the piers.
14. 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 shall
result in automatic termination of this agreement.
15. CLEANING DEPOSIT:
In addition, if Licensee shall fail to keep the
entire decks, benches and areas set aside for fish cleaning of
each pier in a clean and sanitary condition as required in accor-
dance with paragraph 13 of this agreement, the City Manager or his
agent shall verbally notify Licensee of such failure, and if the
deficiency is not corrected within twenty -four (24) hours following
such notification, 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.
•
16. TERMINATION: }__
It is understood and agreed that the City Council
may, upon sixty (60) days' written notice, terminate this license
agreement for any reason. Licensee may terminate for any reason
upon giving one hundred and eighty (180) 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 termin-
ation, 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.
17. ADMINISTRATION OF AGREEMENT:
For the purpose of the administration of this
license agreement by City, "CITY" shall.me.an the City Manager
and any officer and employee of the City authorized by him to
administer to 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.
18. CANCELLATION OF EXISTING AGREEMENT:
It is mutually agreed that the existing interim
license agreement for concessions on the Newport and Balboa
Piers dated December 19, 1972, between the City and Noel M. and
Betty Lou Phoenix is hereby cancelled as of the effective date
of this agreement.
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IN WITNESS WHEREOFthe parties hereto have executed
this agreement as of the day and year first above written.
ATTEST:
i
owla
City Clerk
APPROVED AS TO FORM:
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CITY OF NEWPORT BEACH
9v�l 9,,,A e /
Noel M. Phoenix
dz�
Betty/Lou Phoenix
DRM:sh
3/22/73
CITY OF NEWPORT BEACH
CALIFORNIA
City Hall
3300 W. Newport Blvd.
Area Code 714
673 -2110
DATE March 30, 1973
TO: FINANCE DIRECTOR
FROM: City Cleric
SUBJECT: Contract No. 1S20
Description of Contract Newport and Balboa Pier Cancesssians
Authorized by Resolution No. 7953 , adopted on _
Effective date of Contract Mamh 26, 1973
Contract with Noel and Betty Lou Phoenix
Address 619 Congress Street
Costa Mesa, CA 92627
Amount of Contract sae contract
Match 26, 1973
City tip
0 0
RESOLUTION NO. 7 95 0
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AUTHORIZING THE EXECUTION OF
A 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 a certain license agreement be-
tween 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 license
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 26th day of March , 1973.
Mayor
ATTEST:
City Clerk
dm
3/23/73