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HomeMy WebLinkAboutC-1530 - Coin Operated Telescope4 ._ ISSUE. DATE (MM /DD /YY) I�►�i���:��. + �. v 9F iNSuRaiN + ` '11/12/91 BG /ac __ , �.� 1PRODUCER .- THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND BERCr1AN INSURANCE AGENCY CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE D.O. BOX 3 POLICIES BELOW. RIVERSIDE, CA. 92502 COMPANIES AFFORDING COVERAGE L COMPANY U4 13 9114 LETTER„ A WEST AMERICAN INSURANCE COMPANY COMPANY B INSURED LETTER ARY GARDHOUSE AND LAURA GARDHOUSE COMPANY ` BA: CARDEN I S COIN TELESCOPE LETTER 0065 KAYNE STREET COMPANY BONA, CA. 91719 LETTER D COMPANY E LETTER COVERAGES ( - THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMEq� BbVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUM€N`$�WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE (MM /DD /YY) DATE (MM /DD /YY) /�/� nnn GENERAL LIABILITY GENERAL AGGREGATE $2,000,000. }{ COMMERCIAL GENERAL LIABILITY .PRODUCTS- COMP /OP AGG. $2,000,000. CLAIMS MADE X OCCUR.BLW(93) 50 35 80 47 - 01/30/92 01/30/93 :PERSONAL &ADV. INJURY $'I P0V0�/0�,000. OWNER'S & CONTRACTOR'S PROT. EACH OCCURRENCE - $1 0 00y,0_. FIRE DAMAGE (Any one lire) E 50,000. MED. EXPENSE (Any one person) $ 5.000. AUTOMOBILE LIABILITY COMBINED SINGLE ANY AUTO LIMIT $ ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS �Y (Par person) - HIRED AUTOS n BODILY INJURY $ NON -OWNED AUTOS ?X /1 ` (Per accident) GARAGE LIABILITY :i RE(kE ��D .W PROPERTY DAMAGE $ = -- EXCESS LIABILITY (./y ti'_ EACH OCCURRENCE $ UMBRELLA FORM �� �, �.OF AGGREGATE $ OTHER THAN UMBRELLA FORM BEO WORKER'S COMPENSATION % \ _ .,t, ��; STATUTORY LIMITS EACH ACCIDENT $ AND .- DISEASE— POLICY LIMIT $ EMPLOYERS' LIABILITY DISEASE —EACH EMPLOYEE $ OTHER DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICLES /SPECIAL ITEMSV CERTIFICATE HOLDER CANCELLATION CI'T'Y OF NEWPORT BEACH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE P.O. BOX 1768 EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO NEWPORT BEACH, CA. 92058 MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE A =1110 25 -S (7/90) ..._ <% RD COAPORAT1 88Qi 0 P POLICY NUMBER: BLW(93) 50 35 80 47 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: CITY OF NEWPORT BEACH P.O. BOX 1768 NEWPORT BEACH, CA. 92658 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. DfC :IVED �f2N199, CG 20 10 1185 Copyright, Insurance Services Office, Inc.. 1984 ❑ END. #7 ISSUE DATE (MM /DD /VY) �.r:.. 09 -26 -90 BG:sjd PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND BERGMAN INSURANCE AGENCY CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE P. 0. BOX 3 POLICIES BELOW. RIVERSIDE, CALIFORNIA 92502 COMPANIES AFFORDING COVERAGE COMPANY A LETTER WEST AMERICAN INSURANCE COMPANY COMPANY B INSURED LETTER GARY GARDHOUSE AND LAURA GARDHOUSE COMPANY DBA: CARDEN'S COIN TELESCOPES LETTER C 20065 KAYNE STREET COMPANY D CORONA, CALIFORNIA 91719 LETTER COMPANY E LETTER covoiADES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDRIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF BISURANCE POLICY NUMBER TR POLICY EFFECTIVE POLICY EXPIRATION LIMITS DATE (MMIDDrCn DATE (MWDDIYY) GENERAL LIABOM GENERAL AGGREGATE S 2,000,000. A X CommEacuiLGEIERALLUBIuTY BLW(92)50 35 80 47 01 -30 -91 01 -30 -92 PRODUCTS-COMP /OPAGG. S 2,000,000.. CLAIMS MADE . X OCCUR PERSONAL S ADV. INJURY $ 1,000,000. OWNER'S 8 CONTRACTOR'S PROT. EACH OCCURRENCE S 1,000,000. FIRE DAMAGE (Any me fire) S 50,000. NE D. EXPENSE (" me Palm) $ AUTOMOBILE IJABNJTY 1 „' . \ COMBINED SINGLE S ANY AUTO LIMIT .'l .. Cf Yi'�' �� i`��1 ALL OWNED AUTOS BODILY INJURY S � 1 SCHEDULED AUTOS yr~ c,i `. O� (Pa Palm) HIRED AUTOS . BODILY INJURY $ N ED AUTOS NOOYYH er (P aaidenn N ? Gulut uAelury PROPERTY DAMAGE $ EXCESS LIABILITY TT— EACH OCCURRENCE S UMBRELLA FORM AGGREGATE S OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION STATUTORY LIMITS EACH ACCIDENT $ AND DISEASE — POLICY LIMIT f EPLOYEB• LIABILITY DISEASE —EACH EMPLOYEE f OTHER DESCRIPTION OF OPEUIINMBILOCAl10NSlYEMCLES /SPECIAL REVS — CERTIRCATE HOLDER CANCELLATION CITY OF NEWPORT BEACH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE P. 0. BOX 1768 EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO NEWPORT BEACH, CALIFORNIA 92658 MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY Iq UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTNO R ARVE AC.ORD 25-S (I19Dj .. _ . .... .: . ;'. 6ACOAL3NCDRPORATION 7880 0 n POLICY NUMBER' ;7 COMMERCIAL GENERAL LIABILITY IS ENDORSEMENT CHANGES THE e-IDLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement'lfgFidifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE . .PART. t SCHEDULE Name of Person or Organization: CITY OF NEWORT 98AGi P. 0. Box 1768 NEWPORT BEACH, CAGY MIA 92559 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. CG 20 10 1185 Copyright, Insurance Services Office, Inc., 1984 END. #8 P;ril-17, '-q- Mr. liolan kiice !SOg W. Saint Andrew Place Santa Ana, CA '12754 Re: Loss of Quarter in Coin- Operated TeleScnpe Nce port Beach Pier Dear Mr. Rice: It has been brought to our attention that one of our coin - operated telescopes located on the Newport Beach Pier was not functioning properly and it accepted your quarter without allowing you to look through it. We are correcting the problem and we would like to appologize for any inconvenience this may have caused you. We are enclosing your .25 cents and we would like to thank you For bringing this problem to our attention. we appreciate your patronage. S1rcorely, Carden Coin Teicscopes :r.cls. b.c.� APR 197990, _ CLIP ti. polo w•:.� ��;., l'i� F5 xwz >a0 a� m N V ?c `J OS�W,4,1 CUM COIN INAMOM RAYNE TMET � .. COMKK CA 93719 V" 3 June 16, 1986 To Whom it may conern: Re: Change of Address Please be advised that effective immediately, we have a new address. Please send all future correspondence to the following address: CARDEN'S COIN TELESCOPES 20065 KAYNE STREET CORONA, CA 91719 (714) 371 -5268 Thank you for your courtesy and cooperation in this matter. Sincerely, I au J. Gardhouse for CARDEN'S COIN TELESCOPES CO CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MWDONAY) POLICY EXPIRATION DATE (MMND/WI LIABILITY LIMITS IN THOUSANDS EACH OCCURRENCE AGGREGATE A GENERAL LIABILITY COMPREHENSIVE FORM XL0178974 01/30/87 01/30/88 eooav INJURY $300 $ X A PREMISESIOPERATIONS UNDERGROUND EXPLOSION 8 COLLAPSE HAZARD XL0178974 01130187 01/30/88 X PROPERTY DAMAGE $50 $50 PRODUCTS/COMPLETED OPERATIONS CONTRACTUAL el N PD COMBINED $ $ INDEPENDENT CONTRACTORS BROAD FORM PROPERTY DAMAGE PERSONAL INJURY PERSONAL INJURY $ AUTOMOBILE LIABILITY BODILY ANY AUTO KAIRY (PER PERSON) $ ' ALL OWNED AUTOS (PRIV. PASS.) BODILY OTHER THAN) ALL OWNED AUTOS PRIV. PASS. / INJURY )PER ACCIDENT) $ + A A HIRED AUTOS NON-OWNED AUTOS XL,0178974 XL0178974 01/30/87 01/30/8% 01/30/88 01/30/88 X X PROPERTY DAMAGE $ GARAGE LIABILITY COMBWED $SOO EXCESS LIABILITY UMBRELLA FORM BI & PD COMBINED $ $ OTHER THAN UMBRELLA FORM WORKERS' COMPENSATION STATUTORY ' $ )EACH ACCIDENT) AND EMPLOYERS' LIABILITY $ (DISEASEPOLICY LIMIT) Is (DISEASE -EACH EMPLOYEE) OTHER it 7L \ AlL r -t53v Form L — 670 1.79 Calif. (Ur#ifuote of Jtwuronrr THIS IS TO CERTIFY that tha,wmparry indicated by an "X" has issued the policy or, Policies described below. 'This certificate or verification of ci�qw rance is not an insurance policy and does riot amend: axtaxl or after the coverage afforded by the policies listed heroin. NotrMthatahOing .arY requirement term, or condition of any contract or other document with respect to irwrsrcs be. imuiZ insurance described herein which this catifkate or verification of may or mar pertain, the afforded by the policies Is subject to sit the terms, exclusions and conditions of such policies' 10 THE OHIO CASUALTY INSURANCE COMPANY ❑ AMERICAN FIRE AND CASUALTY COMPANY ❑ WEST AMERICAN INSURANCE COMPANY CERTIFICATE ISSUED TO aassrn NAME nd ADDRESS OLLIE CARDEN, GARY GARDHOUSE & F cm LAURA GAROIIOUSE ow nom EACH smeaft a C1lLIgC1HIaA TW52 t XMW 6iOU MU. GMW QDVZ9 O8. CO.* CA. 926 J DESCRIPTION of ePERI1mu LOCATION OF OPERATIONS COIN OF'NAIPBD 2xTi Cmu IN VAMOUS SALMONS IN 2U MAU OF CATeiFaora NINE OF POLICY POLICY IL N AMA INSURANCE NUMBER PERIOD COMPREHENSIVE From -1-30-83 $ 3W ,000 Each occurrence $50 000 Each occurrence GENERAL To 1 -30-86 $ 000 Aggregate $5 ODD Aggregate LIABILITY IW1 -8 — 4 MANUFACTURERS' AND From $ 000 Each occurrence $ 000 Each occurrence CONTRACTORS' LIABILITY To $ ODD Aggregate OWNERS', LANDLORDS' From $ NO Each occurrence $ ,000 Each occurrence AND TENANTS' LIABILITY To $ ,000 Aggregate CONTRACTUAL From $ 000 Each occurrence $ 000 Each occurrence LIABILITY To $ 000 Aggregate COMPLETED OPERATIONS From $ 000 Each occurrence $ 000 Each occurrence AND PRODUCTS LIABILTY To $ 000 Aggregate $ 000 Aggregate OWNERS, OR COHTIIACTORS' From $ ,000 Each occurrence $ ,000 Each occurrence PROTECTIVE LIABILITY TO $ ,000 Aggregate COMPREHENSIVE From $ ODO Each person $ 000 Each occurrence AUTOMOBILE To $ 000 Each occurrence LIABILITY OTHER: From To D C INMWAIA From Utz To $ T AN . ' ° unlit MIN.TH'WL From Ifjrrence To $ 000 ate ITORIDIEII'S From COMPENSATION-STATUTORY-STATE(S) COMPENSATION To Employers' Liability — $ DATE: 12- 10- 820 /nb ' AUTHORIZED NPRE&WATIVE Form L — 670 1.79 Calif. ORIGINAL LICENSE AGREEMENT COIN OPERATED TELESCOPES THIS AGREEMENT is entered into 1981 by and between THE CITY OF NEW Corporation, hereinafter referred to as JACK O. CARDEN, d /b /a CARDEN'S COIN referred to as "Licensee." WITNESSETH WHEREAS, Licensee, 19, 1948 and September 15, number of coin - operated pr locations within the City of Location a. Newport Pier b. Balboa Pier RECEIVED CITY CLEW �fC3019 cry BIe. V0101 OF A \ r r F C11 this •May of PORT BEACH, a Municipal "City" and OLLIE S. and TELESCOPES, hereinafter pursuant to agreements dated January 1966, has maintained the following ismatic telescopes at the following Newport Beach: No. Telescopes 2 1 c. Goldenrod at Ocean 1 Blvd. Corona del Mar WHEREAS, the previous License Agreement between City and Licensee expired on June 20, 1978; WHEREAS, the parties hereto desire to enter into a new agreement; WHEREAS, Licensee proposes to install one additional telescope on the Newport Pier and to install one new telescope on the Balboa Pier, for a total of 6 telescopes; NOW, THEREFORE, in consideration of these premises, the parties hereto agree as follows: 1. City hereby grants to Licensee permission to maintain 4 coin - operated prismatic telescopes at the locations specified above; 2. City further grants Licensee permission to install 1 additional telescope on the Newport Pier and one additional telescope on the Balboa Pier for a total of 6; 3. Licensee shall pay City Forty Percent (408) of the gross monthly receipts from the operation of all said telescopes; 4. Pursuant to Section 5.08.020 of the Newport Beach Municipal Code, Licensee shall, at all times, maintain a business license for said telescopeXHIBIT q 1� 30 5. 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 though fully set forth; 6. The City Manager of the City of Newport Beach may approve future relocation, addition or reduction in the number of coin - operated prismatic telescopes; 7. Licensee shall provide City with a verified yearly statement of all revenues received by Licensee from the operation of said telescopes; 8. This Agreement shall remain in full force and effect on an on -going year -to -year basis unless earlier terminated by either party, who may, after serving the other party with at least 30 days' written notice of such intention to terminate, terminate this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above - written. ATTEtPT: �1 City Clerk APPROVED AS TO FORM: — 0�_O_MK_ - — C ty Attorney CITY CITY OF NEWPORT BEACH By;, ayo t LESSEE CARDEN'S COIN TELESCOPES r CITY OF NEWPORT BEACH December 1, 1981 _ Gary Gardhouse 1614 West Hemlock Santa Ana, CA 92704 OFFICE OF THE CITY CLERK (714) 640 -2251 Subject: License Agreement between the City of Newport Beach and "Carden Telescopes" regarding Coin - operated Telescopes Enclosed are the original and two copies of the above mentioned License Agreement. We require the signatures of 011ie S. Carden and Jack 0. Carden on the last page of these agreement copies. Please return the original and one of the copies to the City Clerk of Newport Beach after execution of the Agreement. You may keep the other copy for your records. Yours truly, /�, �)vld -1� t Wanda E. Andersen City Clerk WEA:lr encs. City Flail • 3300 Newport Boulevard, Newport Beach, California 92663 ..Gar Y Gat, 16 San, Gardh nec f -�0 a_6, a. jrab "Gib tu TO: FROM: SUBJECT: Background CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER November 23, 1981 MAYOR AND CITY COUNCIL City Manager C 1530 NOV 2 11981 By the CITY COUNCIL C:ITy. OF NEWPORT BENCH CITY COUNCIL AGENDA N0. /``-At`t'% RENEWAL OF THE "CARDEN TELESCOPES" LICENSE AGREEMENT Pursuant to a license agreement originally executed in 1948 and renewed in 1966 and 1973, 011ie and Jack Carden dba "Carden's Coin Telescopes" have maintained coin - operated view telescopes at the Newport and Balboa Piers and in Corona del Mar. The 1973 agreement has expired and the Cardens have requested renewal. Proposed Agreement Attached to this staff report is a copy of the proposed renewal agreement. The basic terms and conditions are as follows: 1. A total of six telescopes will be operated. They will be located on the Newport Pier (3), the Balboa Pier (2) and in Corona del Mar at Goldenrod and Ocean Boulevard (1). 2. The agreement term will be year -to -year with a 30 -day termina- tion clause. 3. The licensee will pay to the City 40% of all gross receipts derived from the operation of the telescopes. For the Council's information, the City currently receives approxi- mately $1200 annually from the Carden Telescope operation. Recommendation It is recommended that the City Council adopt Resolution No. authorizing execution of the subject license agreement. ROBERT L. WYNN I/ City Manager RLW:GJB:jmb Attachment 0 LICENSE AGREEMENT COIN OPERATED TELESCOPES THIS AGREEMENT is entered into this day of 1981 by and between THE CITY OF NEWPORT BEACH, a Municipal Corporation, hereinafter referred to as "City" and OLLIE S. and JACK O. CARDEN, d /b /a CARDEN'S COIN TELESCOPES, hereinafter referred to as "Licensee." WITNESSETH WHEREAS, Licensee, pursuant to agreements dated January 19, 1948 and September 15, 1966, has maintained the following number of coin - operated prismatic telescopes at the following locations within the City of Newport Beach: Location No. Telescopes a. Newport Pier 2 b. Balboa Pier 1 C. Goldenrod at Ocean 1 Blvd. Corona del Mar WHEREAS, the previous License Agreement between City and Licensee expired on June 20, 1978; WHEREAS, the parties hereto desire to enter into a new agreement; WHEREAS, Licensee proposes to install one additional telescope on the Newport Pier and to install one new telescope on the Balboa Pier, for a total of .6 telescopes; NOW, THEREFORE, in consideration of these premises, the parties hereto agree as follows: 1. City hereby grants to Licensee permission to maintain 4 coin - operated prismatic telescopes at the locations specified above; 2. City further grants Licensee permission to install 1 additional telescope on the Newport Pier and one additional telescope on the Balboa Pier for a total of 6; 3. Licensee shall pay City Forty Percent (408) of the gross monthly receipts from the operation of all said telescopes; 4. Pursuant to Section 5.08.020 of the Newport Beach Municipal Code, Licensee shall, at all times, maintain a business license for said telescopes; . ;: jj 0 E RESOLUTION NO. 1'10 8 8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A LICENSE AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND OLLIE S. AND JACK 0. CARDEN FOR THE OPERATION OF COIN - OPERATED TELESCOPES AT VARIOUS LOCATIONS WITHIN THE CITY L- �5-D)C) WHEREAS, there has been presented to the City Council of the City of Newport Beach a certain License Agreement between the CITY OF NEWPORT BEACH and OLLIE S. and JACK O. CARDEN in connection with the operation of coin - operated telescopes at various locations within the City of Newport Beach, a copy of which is attached hereto marked Exhibit "A" and incorporated herein by reference; and WHEREAS, the City Council has reviewed the terms and conditions of said License Agreement and finds them to be fair and equitable and that it would be in the best interests of the City to execute said License Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that said License Agreement above - described is approved, and the Mayor and City Clerk are hereby authorized and directed to execute same on behalf of the City of Newport Beach. ATTEST: City Clerk 11/23/81 pr ADOPTED this day of NOV 2 3 , 1981. Mayor • • M • • LICENSE AGREEMENT COIN OPERATED TELESCOPES THIS AGREEMENT is entered into this day of , 1981 by and between THE CITY OF NEWPORT BEACH, a Municipal Corporation, hereinafter referred to as "City" and OLLIE S. and JACK O. CARDEN, d /b /a CARDEN'S COIN TELESCOPES, hereinafter referred to as "Licensee." WITNESSETH WHEREAS, Licensee, pursuant to agreements dated January 19, 1948 and September 15, 1966, has maintained the following number of coin - operated prismatic telescopes at the following locations within the City of Newport Beach: Location No. Telescopes a. Newport Pier 2 b. Balboa Pier 1 c. Goldenrod at Ocean 1 Blvd. Corona del Mar WHEREAS, the previous License Agreement between City and Licensee expired on June 20, 1978; WHEREAS, the parties hereto desire to enter into a new agreement; WHEREAS, Licensee proposes to install one additional telescope on the Newport Pier and to install one new telescope on the Balboa Pier, for a total of 6 telescopes; NOW, THEREFORE, in consideration of these premises, the parties hereto agree as follows: 1. City hereby grants to Licensee permission to maintain 4 coin - operated prismatic telescopes at the locations specified above; 2. City further grants Licensee permission to install 1 additional telescope on the Newport Pier and one additional telescope on the Balboa Pier for a total of 6; 3. Licensee shall pay City Forty Percent (40 %) of the gross monthly receipts from the operation of all said telescopes; 4. Pursuant to Section 5.08.020 of the Newport Beach Municipal Code, Licensee shall, at all times, maintain a business license for said telescope IXHIDIT A >4 • 5. 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 though fully set forth; 6. The City Manager of the City of Newport Beach may approve future relocation, addition or reduction in the number of coin - operated prismatic telescopes; 7. Licensee shall provide City with a verified yearly statement of all revenues received by Licensee from the operation of said telescopes; 8. This Agreement shall remain in full force and effect on an on -going year -to -year basis unless earlier terminated by either party, who may, after serving the other party with at least 30 days' written notice of such intention to terminate, terminate this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above - written. CITY CITY OF NEWPORT BEACH By: Mayor ATTEST: City Clerk LESSEE CARDEN'S COIN TELESCOPES By: 011ie S. Carden By: Jack O. Carden APPROVED AS TO FORM: C ty Attorney ' It (The Attaching Clause need be when this endorsement Is Issued subcequelt to a policy.) +04-07 -1446 LIABILITY L9110 11110 (Ed. 7-0) ADDITIONAL INSURED Mate or Political Sabdivisisn"rmits) This endorsement modifies such insurance as is afforded:iby the provisions of the policy relating to the following: COMPREHENSIVE RENEBALLIABILITY INSURANCE MANUFACTURERS' AND CONTRACTORS' LIABILITY INSURANCE OWNERS', LANDLORDS' AND TENANTS' LIABILITY INSURANCE This endorsement, effective , forms a part of policy No. (14:01 A. M., standard time) issued to by FRED M. HANSEN General Insurance Z222 TORRANCE BLVD. TORELAMCE. CALIF. /[�, ImO R" eae ti — SCHE LE Designation of State or Political Subdivision: CITY OF NEWPORT BEACH m NEWPORT BEACH, CALIFORNIA Ny REM_ JED CITY CLERK Premium Limits of Property Damage Liability E JAN 2 3 19$08, f 24. $501000 each occurrence LIMITS OF BODILY JURY OF $ 50 s O00 aggregate $300 , 000 EACH 0 T g N 6ALIF.. I� It is agreed that the "Persons Insured" provision includes as an insured any state or political subdivision thereof chedule above, subject to the following additional provisions: 1. The insurance applies only with respect to operations performed by or on behalf of the named insured for which the state or political subdivi- sion has issued a permit. 2. The insurance does not apply to bodily injury or property damage (a) arising out of operations performed for the state or municipality, or (b) included within the completed operations hazard. 3. If the Property Damage Liability Coverage is not otherwise afforded, such insurance shall nevertheless apply with respect to operations performed by or on behalf of the named Insured for which such permit has been issued subject to the limits of liability stated herein. Otrrt fttatr of 311B1tmna THIS IS TO CERTIFY met the company indicated by an "X" has Issued the policy or policies described below. "This certificate or verification of insurance is not an Tmeru", policy and does not amend, extend or star itall mArage afforded by the policies listed herein. Notwithstanding any requirement :'>Or condition of any contract or other document with respect to which this certificate or verification of insurance may be isstj pertain, the insurance afforded by the pdFOialp:deecrihed herein is subject to all the terms, exclusions and conditions of such po THE OHIO CASUALTY INSURANCE COMPANY AMERICAN FIRE AND CASUALTY COMPANY ❑ WEST AMERICAN INSURANCE COMPANY CERTIFICATE ISSUED TO NAMED INSURED and ADDRESS N F w- ,LLIAM J. CARDEN 11852 GARDEN GROVE BLVD. GARDEN GROVEL CALIF. 92653 NA-ME ad ADDRESS N CITY OF NEWPORT BEACH NEWPORT BEACHI CALIF. J DESCRIPTION OF OPERATIONS LOCATION OF OPERATIONS COIN OPERATED TELESCOPES IN VARIOUS LOCATIONS IN THE STATE OF CALIF. RIND OF INSURANCE POLICY NUMBER POLICY PERIOD BODILY INIURY PROPE TY DAMAGE COMPREHENSIVE From 1_30 -80 $ 300 ,000 Each occurrence $ 50 ,000 Each occurrence GENERAL ELO 50 83 64 To 1_303 b ,000 Aggregate $ ,ODO Aggregate LIABILITY MANUFACTURERS' AND From $ ,000 Each occurrence $ ,000 Each occurrence CONTRACTORS' LIABILITY TO $ ,000 Aggregate OWNERS', LANDLORDS' From $ ,000 Each occurrence $ ,000 Each occurrence AND TENANTS' LIABILITY To $ ,000 Aggregate CONTRACTUAL From $ ,000 Each occurrence $ ,000 Each occurrence LIABILITY To $ ,000 Aggregate COMPLETED OPERATIONS From $ ,000 Each occurrence $ ,000 Each occurrence AND PRODUCTS LIABILITY To $ ,000 Aggregate $ ,000 Aggregate OWNERS' OR CONTRACTORS' From $ 000 Each occurrence $ 000 Each occurrence PROTECTIVE LIABILITY To $ ,000 Aggregate COMPREHENSIVE From $ 000 Each person $ 000 Each occurrence AUTOMOBILE To $ ,000 Each occurrence LIABILITY FRED Al. HANSFA OTHER: reftem m— France 2222 TOIC LWCE BLVD. TORRAr C.F. CALJV. UMBRELLA From To 1 $ 000,1100 Single Limit MOLTHUL From Each occurrence TO $ 000 Aggregate WORKMEN'S From COMPENSATION-STATUTORY-STATE(S) COMPENSATION To Employers' Liability — $ Form L — 670 1 -79 Calif. F.,. LfiO4. R.,. 1-73 r F r F F I F 1 f 1 1 Teriifirttir of 3usuraurr THIS IS TO CERTIFY that the company indicated by an 'Y' has issued the policy or policies described below. The insurance afforded is only with respect to the coverages indicated by specific limits of liability and this certificate of insurance neither affirmatively nor negatively amends, extends nor alters the coverage afforded by any policy described herein. ® THE OHIO CASUALTY INSURANCE COMPANY ❑ AMERICAN FIRE AND CASUALTY COMPANY ❑ WEST AMERICAN INSURANCE COMPANY CERTIFICATE ISSUED TO NAMED INSURED and ADDRESS NAME and ADDRESS CARMN 1 852 BLVD. NEWPORT BEACHR,TCALIFORVIA GARDEN GROVE, CALIFORNIA 92653 L J L DESCRIPTION OF OPERATIONS LOCATION OF OPERATIONS COINr OPERATED TELESCOPES IN VARIOUS LOCATIONS IN THE STATE OF CALIFORNIA FRED M. HANSEM ceimral b,.0 nm 2222 TOBRMJCE BLVD. TORRANFT;, CALIX VINO OF POLICY POLICY LIMITS Di LIABILITY BODILY INJURY PROPERTY DAMAGE INSURANCE NUMBER PERIOD COMPREHENSIVE Ci;G899166 From 1 -30 -76 $ 300,000 Each occurrence $ CO ,000 Each occurrence GENERAL To 1-30 -77 $ ,000 Aggregate $ 50 ,000 Aggregate LIABILITY MANUFACTURERS' AND From $ ,000 Each occurrence $ ,000 Each occurrence CONTRACTORS' LIABILITY To $ ,000 Aggregate OWNERS', LANDLORDS' From $ ,000 Each occurrence $ ,000 Each occurrence AND TENANTS' LIABILITY To $ ,000 Aggregate CONTRACTUAL From $ ,000 Each occurrence $ ,000 Each occurrence LIABILITY To $ ,000 Aggregate COMPLETED OPERATIONS From $ ,000 Each occurrence $ ,000 Each occurrence AND PRODUCTS LIABILITY To $ ,000 Aggregate $ ,000 Aggregate OWNERS' OR CONTRACTORS' From $ ,000 Each occurrence $ - ,000 Each occurrence PROTECTIVE LIABILITY To $ ,000 Aggregate COMPREHENSIVE From $ ,000 Each person $ ,000 Each occurrence AUTOMOBILE To $ 000 Each occurrence LIABILITY OTHER: From To UMBRELLA From To $ ,000,000 Single Limit MULTI -PERIL LX0503800 From 1 -30-75 Each occurrence To I A $ ,000 Aggregate WORKMEN'S From COMPENSATION-STATUTORY-STATE(S) COMPENSATION I To Employer§1 Liability — $ 'PIiE COMPANY AGREES TO 30 DAY I ilUTICT IOR TO ANY GiikP�S AFrCTIP:G TrIIS GFF?TIFICAfii3 OR 6}N 0 � O �jL — — r F.,. LfiO4. R.,. 1-73 r F r F F I F 1 f 1 1 AIL 7 y U Trr#ifirnie ulf Nsumnrr THIS IS TO CERTIFY that the company indicated by an "x" has issued the policy or policies described below. The insurance afforded is only with respect to the coverages indicated by specific limits of liability and this certificate of insurance neither affirmatively nor negatively amends, extends nor alters the coverage afforded by any policy described herein. ,T] THE OHIO CASUALTY INSURANCE COMPANY 0 AMERICAN FIRE AND CASUALTY COMPANY 0 WEST AMERICAN INSURANCE COMPANY CERTIFICATE ISSUED TO NAMED INSURED and ADDRESS NAME and ADDRESS F WILLIAM J. GARDEN CITY OF NEWPORT BEACH 11852 GARDEN GROVE BLVD. NEWPORT BEACH, CALIFOW`,IA GARDEN GROVE,CALIFORIIIA 92653 L L DESCRIPTION OF OPERATIONS LOCATION OF OPERATIONS COIN OPERATED TELESCOPES IN VARfiQUS LOCATIONS IN THE STATE OF CALIFORNIA KIND OF POLICY POLICY LIMITS BODILY INJURY PROPERTY MADE INSURANCE NUMBER PERIOD COMPREHENSIVE GENERAL CAG $8 89 74 From To 1 -30 -75 $ 000 Each occurrence 300,000 Aggregate $ ,000 Each occurrence Aggregate 50 1 -30 -76 $ $ ,000 LIABILITY MANUFACTURERS' AND From $ ,000 Each occurrence $ ,000 Each occurrence CONTRACTORS' LIABILITY To $ ,000 Aggregate OWNERS', LANDLORDS' From $ ,000 Each occurrence $ ,000 Each occurrence AND TENANTS' LIABILITY To $ ,000 Aggregate CONTRACTUAL From $ ,000 Each occurrence $ ,000 Each occurrence LIABILITY To $ ,000 Aggregate COMPLETED OPERATIONS From $ ,000 Each occurrence $ ,000 Each occurrence AND PRODUCTS LIABILITY To $ ,000 Aggregate $ ,000 Aggregate OWNERS' OR CONTRACTORS' From $ ,000 Each occurrence $ ,000 Each occurrence PROTECTIVE LIABILITY To $ ,000 Aggregate COMPREHENSIVE From $ ,000 Each person $ ,000 Each occurrence AUTOMOBILE To $ ,000 Each occurrence LIABILITY OTHER: From To FRED M HANSEN General lnsuramm UMBRELLA From 2222 TORRANCE BLVD. To TORWCE!O1T0%F- Single Limit MULTI-PERIL From Each occurrence TO $ ,000 Aggregate WORKMEWS From COMPENSATIONSTATUTORY- STATES) COMPENSATION TO Employers' Li Ability — $ V I X70ttMIAMTHE COMPANY AGREES TO 30DAY5 FR14 N NOTIC' CHANgW.. AFFECTING THIS CERTIFICATE OR C4� OF P JANUARY 3091975 INIMIN RLPR ATIVE F.,m L -604a R... 1 -73 I `I r AL /ry `N law J Ill f lrrzifiratr of 3nsnranrr THIS IS TO CERTIFY that the company indicated by an "x" has issued the policy or policies described below. The insurance afforded is only with respect to the coverages indicated by specific limits of liability and this certificate of insurance neither affirmatively nor negatively amends, extends nor alters the coverage afforded by any policy described herein. [N THE OHIO CASUALTY INSURANCE COMPANY ❑ AMERICAN FIRE AND CASUALTY COMPANY ❑ WEST AMERICAN INSURANCE COMPANY CERTIFICATE ISSUED TO NAMED INSURED and ADDRESS NAME and ADDRESS F F WILLIAM J. CARDEN CITY OF NEWPORT BEACH 11$52 GARDEN GROVE BLVD. NEWPORT BEACH, CALIF Oft NIA GARDEN GROVE, CALIFORNIA 92653 J DESCRIPTION OF OPERATIONS LOCATION OF OPERATIONS COIIc OPERATED TELES IN VARIOUS LOCATIONS IN THE STATE OF CALIFORNIA THE CITY OF NEWPORT BEACH IS AN ADDITIONAL INSURED AS RESPECTS COIN OPERATED TELESCOPES IN THE CITY OF NEWPORT BEACH OWNED OR OPERATED BY WILLIAM J. CARDEN, AS PER L -9110 AT,.ACRSD KIND OF POLICY POLICY LIMITS 01 LIABILITY BODILY INJURY PROPERTY DAMAGE INSURANCE NUMBER PERIOD COMPREHENSIVE From $ ,000 Each occurrence $ ,000 Each occurrence GENERAL To $ .000 Aggregate $ ,000 Aggregate LIABILITY MANUFACTURERS' AND GL 1 3 1f372 From 11 -4- 74 $ �� ,000 Each occurrence $ ,000 Each occurrence CONTRACTORS' LIABILITY To $ ,000 Aggregate OWNERS', LANDLORDS' — From $ ,000 Each occurrence $ ,000 Each occurrence AND TENANTS' LIABILITY To $ ,000 Aggregate CONTRACTUAL From $ ,000 Each occurrence $ ,000 Each occurrence LIABILITY To $ ,000 Aggregate COMPLETED OPERATIONS From $ ,000 Each occurrence $ ,000 Each occurrence AND PRODUCTS LIABILITY To $ ,000 Aggregate $ ,000 Aggregate OWNERS' OR CONTRACTORS' From $ ,000 Each occurrence $ ,000 Each occurrence PROTECTIVE LIABILITY To $ ,000 Aggregate COMPREHENSIVE \ , < , f , n . From $ ,000 Each person $ ,000 Each occurrence AUTOMOBILE To $ ,000 Each occurrence LIABILITY OTHER: .•:"" �:.:.,{ From UMBRaIA Cli' G`.,. c�;��rp � .. -L1 $ ,000,000 Single Limit MULTI -PERIL Cq IF. From Each occurrence !' To $ ,000 Aggregate WORKMEN'S From COMPENSATION- STATUTORY - STATES) COMPENSATION To Employers' Liability — $ kRC 9Fed5P00t141�1" w' OOhsXXfXOFeXeXdbObXSX�! 7Q$ �. �D�fS7C�41} CiFPX�` Ji�i' i��GhE' 7b�f�1AXY1�Olfiiil�L� '��3C7CYXit X& X.7C��KTt V YXy�.�: k3CbF3Ldfi )bTC3A3LiANaEXoKd67EdCx THE COMPANY AGREES TO THIRTY DAY WRITTEN NOTICE PRIOR TO ANY RAWANTES AFFECTING THIS CERTIFICATE OR CANCELLATION OF THE POLICY. NOVE1 Eft f - 1.1�D RUT 'E A71V A Form L -604a Re 1.73 a" (The Attaching Clause need be c* only when this endorsement Is Issued subnpuent to pre of the policy.) LIABILITY Gila ADDITIONAL INSURED (State or Political Subdivisions— Permits) This endorsement modifies such insurance as is afforded by the provisions of .the policy relating to the following:'. COMPREHENSIVE GENERAL LIABILITY INSURANCE MANUFACTURERS' AND CONTRACTORS' LIABILITY INSURANCE OWNERS', LANDLORDS' AND TENANTS' LIABILITY INSURANCE This endorsement, effective forms a part of policy No. (I2:01 A. M., standard time) issued to by A orieed epresenbtive SCHEDULE L 8110 (Ed. 7.66) Designation of State or Political Subdivision: City of Newport Beach Newport Beach,California Premium Limits of Property Damage Liability Limits of Bodily Injury S 5. $ 25,000• eachoccurrence $300,000. each occurrence $ 25,000* aggregate It is agreed that the " rsons Insured" provision includes as an insured any state or political subdivision thereof designated in the schedule above, subject to the following additional provisions: 1. The insurance apolies only with respect to operations performed by or on behalf of the named insured for which the state or political subdivi- sion has issued a p rmit. 2. The insurance do not apply to bodily injury or property damage (a) arising out of perations performed for the state or municipality, or (b) included within the completed operations hazard. 3. If the Property Da age Liability Coverage is not otherwise afforded, such insurance shall nevertheless apply with respect to operations performed by or on behalf of the named insured for which such permit has been issued subject to the limits of liability stated herein. r _ // X `\ ' W Trr#ifiratr of Awuranrr THIS IS TO CERTIFY that the company indicated by an "x" has issued the policy or policies described below. The insurance afforded is only with respect to the coverages indicated by specific limits of liability and this certificate of insurance neither affirmatively nor negatively amends, extends nor alters the coverage afforded by any policy described herein. ® THE OHIO CASUALTY INSURANCE COMPANY ❑ WEST AMERICAN INSURANCE COMPANY ❑ AMERICAN FIRE AND CASUALTY COMPANY CERTIFICATE ISSUED TO NAMED INSURED and ADDRESS NAME and ADDRESS — wiLLIA1V,' J. CARDEN CITY OF NEWPORT BEACH 11852 GARDEN GROVE. BLVD. NER%FORT BEACH, CALIFORNIA GARDEN GROVE, ORANGE CO. FRED M. HANSEN CALIFORNIA, 92653 Genera! Ieso►mwe LL 2222 TORRAINCE BLVD. J DESCRIPTION OF OPERATIONS LOCATION OF CALIF. COIN OFLRATsIi TELESCOPES IN VARIOUS LOCATIONS IN THE STATE OF CALIFORNIA THE CITY OF NEWPORT Bl''r.CH IS AN Alit' TIOIaAL INSURED AS tcESPLCPS COIN OFLR:.TED TELESCOPES IN THE CITY OF &V FORT BE+ICH OVrNL'D OR OPERAT:L BY WILLIAI<I J. CARDEN . PER L -9110 A TTA 'HLD . RIND OF POLICY POLICY LIMITS 01 LIABILITY BODILY INJURY PROPERTY DAMAGE INSURANCE NUMBER PERIOD COMPREHENSIVE From $ ,000 Each occurrence $ ,000 Each occurrence GENERAL To $ ,000 Aggregate $ ,000 Aggregate LIABILITY MANUFACTURERS' AND From 11 -4 -73 $ 300 ,000 Each occurrence $ 10 ,000 Each occurrence CONTRACTORS' LIABILITY 6 21 GL 1 3 73 To 11-4-74 $ 25 ,000 Aggregate OWNERS', LANDLORDS' From $ ,000 Each occurrence $ ,000 Each occurrence AND TENANTS' LIABILITY To $ ,000 Aggregate CONTRACTUAL From $ ,000 Each occurrence $ ,000 Each occurrence j LIABILITY To $ ,000 Aggregate COMPLETED OPERATIONS From $ ,000 Each occurrence $ ,000 Each occurrence AND PRODUCTS LIABILITY To $ ,000 Aggregate $ ,000 Aggregate OWNERS' OR CONTRACTORS' From $ ,000 Each occurrence $ 1000 Each occurrence PROTECTIVE LIABILITY To $ ,000 Aggregate COMPREHENSIVE From $ ,000 Each person $ ,000 Each occurrence AUTOMOBILE To $ ,000 Each occurrence LIABILITY OTHER: From To UMBRELLA From To $ ,000,000 Single Limit MULTI -PERIL From Each occurrence To $ ,000 Aggregate WORKMEN'S From COMPENSATION - STATUTORY - STATES) COMPENSATION To Employers' Liability — $ *Axn "xxDbihask)0xJx THE COKFANY AGREES TO THIRTjI DAY WRITTLN NOTICE PRIOR TO ANTY lj�nANGES AFFECTING THIS CERTIFICATE BCC i C ` C LhTION QE T " F LICY . 10-27-73 hm B REPR ES I Fo L -604. Rev. 1 -73 0 4 CITY OF NEWPORT BEACH CALIFORNIA City Hall 3300 W. Newport Blvd. Area Code 714 673 -2110 DATE June 21, 1973 TO: FINANCE DIRECTOR FROM: City Clerk SUBJECT: Contract No. 1530 Description of Contract License Agreement to Maintain Coin Operated and at the Corona del Mar State Beach Authorized by Resolution No. 7996 , adopted on 5 -29 -73 Effective date of Contract Contract with Address June 20, 1973 W. J. and 011ie S. Cllr z 11852 Garden Grove Boulevard Garden Grove, CA 92640 Amount of Contract 40% Gross Monthly receipts city -Clerk E June 20, 1973 W. J. and 011ie S. Ca 4m 11852 Garden Grove Boulevard Garden Grove, CA 92640 Subject: License Agreement to Mairr Telescopes at the Heepert and at the Corona del Mar Enclosed is your copy of the fully agreement. This agreement is effei ' years from today's date. Laura Lsgios, C.M.C. City Clerk LL:swk am. cc: City Attorney ted copy of subject for a period of five i= -1 MAY 29 1973 CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER By the CITY COUNCIL CITY OF womp"wr YSACH May 29, 1973 TO: MAYOR AND CITY COUNCIL FROM: City Manager 5� C - /536 COUNCIL AGENDA B 2 SUBJECT: TFE5jWPt CONCESSION LICENSE AGREEMENT WITH 0. S. AND J. 0. RECOMMENDATION: If desired, adopt Resolution No. authorizing execution of a coin operated telescope license agreement by and between the City of Newport Beach and 011ie S. and 4aek -9. Carden, doing business as Carden's Coin Telescopes. IITSCIISSTnN_ Carden's Coin Telescopes has made available coin operated prismatic tele- scopes for public use in the City since 1948. The City receives 40% of the gross monthly receipts from the telescopes for allowing the Carden's the privilege of placing them on public property. Estimated monthly receipts from this license agreement for the 1973 -74 fiscal period are $975. The proposed new agreement continues the existing payment formula and is cancelable by either party without cause on 30 days prior notice. Telescopes now on public property are located on the Newport Pier, Balboa Pier, Corona del Mar State and City Beach Park and at Goldenrod Avenue and Ocean Boulevard on the Corona del Mar bluffs. The new agreement per- mits the installation of one additional telescope on the Newport Pier. SUMMARY AND CONCLUSION: The Carden's have provided coin operated prismatic telescopes for public use at key vista points in the City for the past 25 years. A five year license renewal agreement has been presented for City Council consider- ation and is recommended for execution. RLW:PFB:mm ROBERT L \�I WYNN 0 LICENSE AGREEMENT (COIN OPERATED TELESCOPES) THIS Agreement is entered into this v TH day of kJ y41,E , 1973, by and between the CITY OF NEWPORT BEACH, a municipal corporation, hereinafter referred to as "CITY," and W. J. CARDEN and OLLIE S. CARDEN, doing business as CARDEN COIN TELESCOPES, hereinafter referred to as "LICENSEE." W I T N E S S E T H WHEREAS, LICENSEE, pursuant to agreements dated January 19, 1948, and September 15, 1966, has maintained coin operated prismatic telescopes at the following locations with- in the City: 1. Newport Pier 2. Balboa Pier 3. Corona del Mar State Beach WHEREAS, LICENSEE proposes to install one more tele- scope on the Newport Pier; and WHEREAS, the parties hereto desire to enter into a new agreement; NOW, THEREFORE, IN CONSIDERATION of these premises, the parties hereto agree as follows: 1. CITY hereby grants to LICENSEE permission to maintain coin operated prismatic telescopes in the locations specified above. 2. CITY further grants LICENSEE permission to install one more telescope on the Newport Pier. 3. LICENSEE shall pay CITY forty percent (400%) of the gross monthly receipts from the operation of said telescopes. -1- 0 0 4. Pursuant to Section 5.08.020 of the Newport Beach Municipal Code, LICENSEE shall at- all times maintain a business license for said telescopes. 5. LICENSEE shall obtain insurance in the amounts as set forth in the "CITY OF NEWPORT BEACH CERTIFICATE OF INSURANCE FOR LEASE OF CITY PROPERTYN 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. 6. The City Manager of the City of Newport Beach may approve future relocation, addition or reduction in the number of coin operated prismatic telescopes. 7. LICENSEE shall provide CITY with a verified yearly statement of all revenues received by LICENSEE in the operation of said telescopes. 8. This Agreement shall remain in full force and effect for a period of five years from the date of execution unless earlier terminated as provided herein. Either party may terminate this Agreement by serving the other party with written notice of such intention to terminate at least thirty (30) days prior to the date of termination. IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year first above written. APPROVED AS TO FORM: `\ant it` Attorney Y -2- CARDEN COIN TELESCOPES W. CARDEN n//? OLLIE S. CARDEN RESOLUTION NO. 7 99 °" 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 OLLIE S. AND 40M� CARDEN FOR THE OPERATION OF COIN TELESCOPES AT VARIOUS LOCATIONS WITHIN THE CITY OF NEWPORT BEACH WHEREAS, there has been presented to the City Council of the City of Newport Beach a certain license agreement between.the City of Newport Beach and 011ie S. and Jack O. Carden for the operation of coin telescopes at various locations within the City of Newport Beach; 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 is approved, and the Mayor and City Clerk are here- by authorized and directed to execute the same on behalf of the City of Newport Beach. ADOPTED this �day of �, 1973. Mayor ATTEST: City Clerk dm 5/25/73