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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 ua FE #3 L -3351 ED, 5/73 0 -694 0 4k 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 i,.L: swk enc. <l 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 �i �r 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 -1- a' 6 i 0 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. -2 - 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 -3- 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 -5- 0 0 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. -7- i jo 6 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: Ji am 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