HomeMy WebLinkAboutReso 1955-1711 . . . _ �
RESOLUTION N0. 1711 -
RESOLUTION OF THE CITY COUZdCIL, CIT]' OF CHULA
VISTA APPROVING AGREEMENT FOR THE
OPERATION OF CONCESSION IN RECREATION BUILDING .
BE IT RESOL�'ED BY THE CITY COUI��CIL OF THE CITY OF
�.
' � `CHULA VISTA AS FOLLOWS:
�• , ` ,' 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 Mayor and City Clerk of the City of Chula
Vista are hereby` authorized -to execute the saoe for and on
behalf of said City..
I !
ADOP"_'r�D AN'D APPROVF� b� tiie CITi C�ir`:�,IL of tho
C_T�i'Y OF GH�JI�A VISTk, C.��L�OP..€Tk, t:iis 26th 3a� oi +�pril 19 55
by the follo;:ing rote, vo=:�L:
aYES: COL•ivCi�,�r2: 8ader, DeGrsaF, 29anse1l, �mith� De�tiolfe
Til.YS: CULRJCIL;i•PI None
ABS�,D;T: CQL�:C1T,i�i? None
.�.��Gt�- �,�/ ..- .�ea/.
ci..,/or of ` e C�y o a s
�
ATT.ST
�8 '�K �
ST9:'S OF CAL�'�RN�. }
CQUr?PY 0�' SA.�! D��U ) ss.
CI:^.[ OF CHULA V�Ta )
I� , C�t;� Cle�k o£ tnz
City o£ Cl�ula ilistu� Californi<z, DO �'���:Y C�it^Tr_' t'r:at
the abot�e and foregoin� is a fu11� tri:e und corr�ct copy oF
� Resclutior. Ide. , and t��at the s•�e has not beea
alaendeci or rennrled.
D�i?'EJ:
C_t;t C1er�:
Agreement for Operation of Concession in Recreation Building AGt'2SE�fE?�T FOR OPERATIOT OF COrCE55I0?�
Ir RECRE'�TIO?� BliIIDI4G
TRIS aGi2ES3iE2�T, oade this 26th da� of Anri� ,
- 1955, by and bettiaeen the City of Chula ��ista, a Tiunicipal
Corporation, hereinafter referred to 2s the City, and LA1�_
RE?�CE A. GIBSO\, JR, , hereinafter referred to as tne Licen-
:::.:,,.,,_-- _
see,
For and in consideration of the mutnal covenants
herein containe9, the parties agree as follows:
I
That the said Licensee shall have the right to op_
eraie a snack bar for the serving of refreshments and the
renting and repairing of sporting goods, said snacs bar to
be located in the recreation building at such place as oay
be designated by the City through its authorized officers or
�_; ... ._
coarissions.
. II
- A portion of said space allocated for the snack bar
shall be used for the rental, sales and repair of athletic
equipment, This portion shall be in such size and place as
may be designated by the said first party.
III
That said Licensee shall p� to the Citv the suo of
12 percent of ihe gross incooe of Licensee derived from said
concession, excluding sales taxes. 9n itenized report of said
inco�e shall be supplied to the Finance Officer of said Cit3*
together Hith the 12 percent rental by the lOth of the month
� for the previous month. A duplicate report shall be sent to
- the Recreation Director nrior to said tirue. The said Licensee
.. - _ t ii-)� /l!`I J
: -�- ��-�7��
shall comply with all the 1aHS of the City of Chula �'ista,
State of California and shall obtain a business license and
sales tax permit froo the City of Chula \`ista.= At the time
of suboitting his ite�ized report of the incode he shall also
submit to said City his State of C2lifornia and City of ,Chula
Yista sales ta; reports. All cash received shall be rurg in a
cash register maintained by said licensee, and the tape irom
saie cash register shall be submitted with said report a�d
said tape snall not be destroyed for one.year.
Z" .
This agree�ent shall be effectiva for two yeais from
date hereof and the said Licensee is hereby given the option
to rene�: this agree�ent upon such ter�s as nay be mutually
_ zgreeable to the.p�ties_
v
Said Licensee agrees to 2dequately stock and serve
confectionary goods� sandwiches� coffee, and such other ite�as
- as may be approved by the Paric and Recreation Cov�mission, to-
gethzr with the sale, rental and repair of sporting goods of
such t5-pes as are in denand for a gym prograci and first ap-
prcced by the ?ark and Recreation Commission.
-:;' . '_
c .. _ .. , VI
?rices, quantity and quality of inerchandise to be •
sold, rented or renaired shall be approved in writing by the .
Park and Recreation Coomission or its designate3 agent and
_ shall be subject to modification fron tioe to tine by the
Par's and P,ecreation Cor�oission.
�Tl I
Said Licensee shall keep open said concession at all
" times that said swimruzng pool is in operation and at such
other times as uay be designated by the Park and Recreation
- - Comnission.
_�_
vizt
That this agreement shall be snbject to termination
by either partg upon thirty days notice in Writing to the
other party of such termination, The Eecreation Committee may
recommead to the City Conncil to terdinate said agreement or
said City Council may act apon its own motion. Fithin the
thirty d�y period here3n meationed, said lessee maq appear
- before said conncil and be heard.
IX
T6e term gross receipts shall include all money aad
Iother things of vaine received by or paid to the Licensee or
to others for the Licensee's nse and benefit, and all credit
extended by the Licensee in coanection Mith the bnsiness con-
dncted by it oa said premises, including (but withont in any-
' _ xise limiting the foregoing) the sale of all merchandise of
whatsoever kind and character and all services performed by the
Licensee or anyoae morlcing for the Licensee for which any sach
compensation is received; provided, hoWever, that in the compn-
tation of said gross receipts there shall first be deducted all
direct taxes on the service or merchaadise sold which are
passed on to and paid by the consumers thereof or by Licensee
as a ta�c (snch as sales taa) and meals to employeas aad oKners.
X
In the event of .breach of this agreement by said Li-
censee sa3d agreemeat may be terminated immediately and kith-
. ont notice.
XI
In the event of abandonment of this agreement by Li-
censee said City shall have a lien upon all the merchandise,
fixtures and eqnipment belonging to Licensee for any unpaid
rent.
XII
Said Licensee shall in good faith render conrteons,
_y_
...�r.: '-
_ . . ;;
eificier,t service to the public, and eoploy such persons as
will enaole hin to fulfill this oblig2tion;
CZTY OF CHIR_� tiISTA
. A ?funicipal Corporation
� . � By: �G.l.F//. • I��ff/XA(L�_
. .. � � � � and � �
. ` �X.GI/(.-x--�(--`�'�
' 1vRErCE H, GIBSON, , ,
_ ,
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