HomeMy WebLinkAboutC-3544 - License Agreement - Coin Operated Telescopess
LICENSE AGREEMENT
COIN OPERATED TELESCOPES
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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;
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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:
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