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HomeMy WebLinkAboutC-3544 - License Agreement - Coin Operated Telescopess LICENSE AGREEMENT COIN OPERATED TELESCOPES 71 n� THIS AGREEMENT is entered into this fJ day of IL/ t dby and between THE CITY OF NEWPORT BEACH, a Municipal Corporation, hereinafter referred to as "City" and Tower Optical Company, Inc., hereinafter referred to as "Licensee". WITNESSETH WHEREAS, Licensee, is a manufacturer and operator of binocular viewing machines, and; WHEREAS, the parties hereto desire to enter into an agreement, and; WHEREAS, Licensee proposes to install and maintain six (6) binocular viewers at the following locations; Locations No. of Viewers Newport Pier 3 Balboa Pier 2 Goldenrod at Ocean Blvd. 1 Corona Del Mar NOW, THEREFORE, in consideration of these premises, the parties hereto agree as follows: 1. City hereby grants to Licensee permission to maintain six (6) coin -operated binoculars viewers at the locations specified above; 2. Licensee shall pay City forty percent (40%) of the gross monthly receipts from the operation of all said telescopes; 3. Pursuant to Section 5.08.020 of the Newport Beach Municipal Code, Licensee shall, at all times, maintain a business license for said telescopes; 4. INSURANCE. A. General Conditions. All insurance required to be carried pursuant to this Section _ shall be obtained from reputable carriers licensed to conduct business in the State of California. Each policy required to be carried pursuant to this Section shall name Lessee and Lessor as additional named insureds, and shall provide that the policy may not be surrendered, cancelled or terminated, or coverage reduced, without not less than twenty (20) days prior written notice to Lessor. B. Liability Insurance. Lessee shall, at Lessee's sole cost and expense, procure and maintain during the term of this Lease, a broad form comprehensive coverage policy of public liability insurance which insures Lessee and Lessor against any Toss or liability caused by, or in any way related to, the condition, for Lessee's use and occupation, of the premises in amounts not less than: (1) $1,000,000 per occurrence for injury to, or death of, one person; C. Workers Compensation. Lessee shall provide Worker's Compensation insurance covering all employees of Lessee, per the laws of the State of California. 5. The City Manager of the City of Newport Beach may approve future relocation, addition or reduction in the number of coin -operated binocular viewers; • • 6. Licensee shall provide City with a verified yearly statement of all revenues received by Licensee from the operation of said telescopes; 7. 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. ATTEST: LaVonne Harkless City Clerk APPROVED AS TO FORM: cot\ Robin L. Clauson Assistant City Attorney CITY OF NEWPORT BEACH ("City"), a Municipal Corporation By TOWER OPTICAL COMPANY. INC. ("Licensee") By: 4 , Its: fcrct %%7aJcen-P