HomeMy WebLinkAboutReso 1959-2189Resolution No. 2189
FESOLUTION I.70, ~,lgq
RESOLUTION OF THE CITY COUNCIL OF THE CITY OP
CHULA VISTA APPROVING P.GREEh1IIJT FOR THE
OPERATION OF CONCESSION IN RECREATION BUILDING
EL~ IT R°.SOLVED BY TIME CITY COUtdCIL OP THE CITY OF
r
CIIULA VISTA AS FOLL044S:
That that certain agreement for the operation of a
concession in the Recreation Building, a copy of which is
attached hereto and made a part and parcel hereof is hereby
approved, and the hfayor of the City of Chula Vista is hereby
` authorized to execute the same for and on behalf of said City.
ADOPTED AND APPROVED by the CITY COUNCIL of
the CITY OF CHULA VISTA, CALYFOYtNYA, this 24th
Day of February, 1959 by the following
vote, ';to-wit:
AYES: COLRTCILMEN b!o411ister, Smith, Menzel, De~raaf, t~fchfains
I4.Y^ s: COUNC%LYREN None
ABSENT: COUNCYLMEN None
~ Al ~ »~~.
•~ a o~~e~~o~ u a is a
ATTEST: '~~,,,~,~~
y CTe~
STATE OF CALIFORNIA )
CGUNTY OF SAN DIEGO ) ss,
CITY OF CHULA VISTA )
I, KENYIETH P, CAMPBELL, City Clerk of the City
of Chula Vista, California DO HEREBY CERTYFY that the
above and foregoing is a full, true and correct copy
of and that the same has not
been amended or repealed,
DATED:
yCer
Concession at the Swimming Pool adjacent to the Recreation Building
Mrs. Betty Schaus Mrs. Jean Sanguinetti
`. ~.T ~HFi SWIi~fi~IP1C~ nP[OmOw linvJrA~SC*E~I!1inTTriOtiTH1F;YSTRErnCA:r~1I43~1
x$211"°".i.1V td 1.1Y 11~ V~S2 VT ed'iU Safi WYJ lt1.
sFLLS AQ~~~.,N'T, made t33i:t 2l:th clay of ~ February ,1959,.
by and lx-s•tt~ee;z the City of Ch;ai~; ~ista7 a I~;xxioipal Corporations Caere-
(Nirs. Betty Schaus, 304 Wind Laze, Bonita
inafter referred fin as the City, and (Nss. Jean Sar;~mainetti, 8?0 Heli?c ,
Operat_ing~ as a p•3xtner. sY:ip,
&ve., Chu1a Vistas, hcreiraftex• referrsd to as tLe Licexv~ee, and for and
ixa oonside•~tion o.£ the mutual covenaxts he_°ein oo;ztai~asd, the parties
agrde as follows;
Z
~~'l~a.t they said Licsxwase ; ~;a13. I;a4re the right to operate a
snac?~ bar at a place desagratec? ne:az° tixe Ss~#.mnring Fco1 .ry i:he k?screa-
tion Goir~ai.ssion during t'ne tian~ or ~.:ir~s that said S+.rimming 7001 is
open to fshe publio for recreai;ifsn scn3ra pex°iods„
TS
1;s oora:sideration for this lsasa;y Y,2ac Licensee shall pay to
the City either ~' 1,000.00 0;.° 6 perasnt of the moss receipts
~:. of. said business rich ewer is the greaten- sxa~ of money. ,The Licensee
shall pa„~r tca the City the su.-~ cf $ I2:.00~ per month for tkae eight ,
(S} month period commoncing 'r3arc?a 25; 1959 s~;ioh shat be appli.t.d
tc~aard the rental oblig~vion. Said perceaxt~age of gross shall be com®
puted oh an entire season basis„ 7xi the event t?xe 6 pez^cezatage
-~._.
of -gross shall ise ~°eater tkaan the aforesaid Minirnx~a guarantees the
excess amount shall be dne and p~ablo within ten (19) days after
close of said season, rl~oss receipts sha?1 exclude sa_Zes tax< An
itemized repca°t of said. incea;~ s2;a'_13 is supplied to the F'i-Hance Ogfi--
cer of said City byy t4ao tenth (lCth} dz~y of :aoh month. Said report
sha11 eo°~er the prior mon~.~has business. '?'33xi monthly pant a~ferred
to above sha].1 .tie d':;e ~s:1 payable ar ti~;e sar°,e ti.zs~ «:; t3:.~: repa^''~. ,•~i' ~/~~lr
~ ~ ~ C~~q ~-oa~~
SIl
This agreem~rezt shad. be effective for trio years from date
specified ixe Paragraph TI,
TV
Said Licsnsee agrees to adsquately stock and serve confec-
tionary gaols, s~dr~.ches, coffee, and such otr~r items as may bs ap-
proved by the 'ark ar_d Recreation Commission, including sF~a.m ca~psr, nose
clips ar_d ear p1LU~s. ~ ~ S ,
and price~~~ .~rw' __
Cuantity, & quality/of me.~^chandise to Sae sold by said Licen-
see shall be. first approved in writing ~ t~ Park xad Ftscreation Cow
mission or its desigtated agent and shall be s-ala,~ect to modification
f`.com tires to time by the Pa,~^lc and Rscreatiesn Coaami.ssion.
V'I
Said Licensee shall keep open said consession at all.tiuses
that said Sr~rarning Pool is in operation far public recreation swiz~sning
and at such other times as may L-e desi~,'nated by the Park and Rec:c°eat;ion
Commmission. The said Cc~rrnri.ssion may, on application of the Licensee,
permit him to close his conoessicn after September 30, each year, for
such tames as the amount of business doe. not 3ustify his remaining
open. Such permission, if wanted, shall be with the vnderst,~andin$
that it shall not i.n any way affect or reduce the amount of money due
to the City as provided olseral~re in this agreemrmst.
VSI
This agreement shall ~ saabJect to termination by e ither
party upon thirty (30) days notice in ta°iting to tx~ other party of
suclx termination..
4IZI
a^he term gross recaip~ts sha3.l include a33 money and other
things of value received by or paid to-the Licensee or to others for
I
the Liecnsee~s usa ~~ld benefit, and all credit attended by the Licen-
sae in eanneetioy with ?che business canducted by it on said premises,
including (but without is anyw5.se limiting the foregoing) the sale of
all merchandi.so as ai2atsoever kind and character and a17. services per-
i
fasrraed by the Y;lcenseo or anyone taorking for the Licensee for which
any such compensation is received; provided, hawever, that in the com-
putation aP said gross reeaip•ts there shall first be deducted all direct
taxes os! the services ar merchandise sold which are passed on to and paid
by the cor_sumers thereof ar by Licensee as a tag (such as sales tag) and
meals to employees and owners.
2%
In the event a% breach of fihis Agrecrrent by said Licensee
said Agreement may be tea°minated immediately and without notice.
X
The Licensee shall obtain public liability insurance is! the
amount of $ SC,GCO S'or injuries, including accidental death, to any one
person, and subject to the same limit for each person, isi an amount not ~
r
less than ~ 100,()C)0 on aa:caunt of one accident for injuries, including
aecideni:al death, t® ttro or more perso!:s, and property damage insurance
in an a~ncunt not less than ~ 5,~. Said insures-!ca coverage shall show
the City as a comir_sRared. Saki insurance policies shall provide that
the Insurance Compaa~Y siLa_l.l notify the City as least fifteen (15) des
prior to axyy caace~lation of said insurance policies.
XI
Iia the evezit of abatsdanment of this Agreement by said licen-
see said City sha?.l have a lien upon all the merchandise, fixtures and
equipment belonging tar S,icensee for any ~pmid sent,
,qa~
~<
I XII
Said Licensee sha11 in good faith rasndar courteous efficient;
service to the public, and employ such persons as will enable him ~
fulfill this obligation.
XIII
The Licensee shall comply with aLi. City, State and Federal
laws applicable to this business. ~
IN WITNESS WHEREOE~, the parties hereto have hereunto set
their hands the day and yeas 3.n this instrument first above ;~mi.tten.
CITY CQUNCIL of the CITY pF CHIILA VISTA
A Municipal Corporation
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Furc i _ Agen
and ~~zi __. Cu~c oyc.~.c~-~-t-~
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L cen~see
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