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HomeMy WebLinkAboutReso 1960-2415 . , s ,.. • r RESOLUTION'NO. 2415 ' ° • " ` ; ' 'RESOLUTION,'QF THE CITY COUNCIL°OF THE CITY OF . _ ,CHUTA VISTA. APPROVING AGREEMENT FOR THE . r.; "* ' , QRERATION OF. CONCESSION AT THE SWIMMING POOL BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF . .CHULA VI STAR AS FOLLOWS: , ', That that certain greement for the operation of a ., • ` Concession in the Recreation Building (Swimming Pool) , a , • copy of which is attached hereto and made a part and parcel hereof is hereby approved, .arid the Mayor 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, CALIFORNIA, this 5th day of April 1.960 by the following vote, to writ: AYES: COUNCIL= DeGraaf Menzel McAllister Smith McMains NAYS: COUNCILP:EN None ABSENT: COUNCILMEN None ; 27-4--/7/64f-4.-44- p j ayor o a e o ATTEST 4rCcrt&G/M1 N..",4 • STATE OF`CAT 1'ORNIA ) COUNTY . SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, KENNETH P. CAMPBELL, City Clerk of the City of Chula Vista, California, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. , and that the same has not been amended or repealed. • DATED • • City Clerk fx;, AGREEMENT FOR OPERATION OF CONCESSION AT THE SWIMMING POOL ADJACENT TO THE RECREATION BUILDING IN THE CITY OF CHULA VISTA THIS AGREEMENT, made this 5th day of April , 1960, by and between the City of Chula Vista, a Municipal Corporation, hereinafter referred to as the City, and Mrs. Wean Sanguinetti, 890 Helix Avenue, Chula Vista, California, hereinafter referred to as the Licensee, and for and in consideration of the mutual covenants herein contained, the parties agree as follows: This agreement shall supersede any prior, agreement entered into between the parties in connection with said concession at said swimming pool. II That the said Licensee shall have the right to operate a snack bar at a place designated near the Swimming Pool by the Recreation Commission during the time or times that said Swim- ming Pool is open to the public for recreation swim periods. III As consideration for this Lease, the Licensee shall pay to the City either $500.50 or six percent (6%) of the gross receipts of said business whichever is the greater sum of money. The Licensee shall pay t© the City the sum of $71.50 per month for the seven (7) month period commencing April 9, 1960, which shall be applied toward the rental obligation. Said percentage of gross shall be computed on an entire season basis. In the event the six percentage of gross shall be greater than the aforesaid minimum guarantees the excess amount shall be due and payable within ten (10) days after close of said season. Gross receipts shall exclude sales tax. An itemized report of said income shall be supplied to the Finance -1 x.?his 1 06 G f - n 1 Officer of said City by the tenth (10th) day of each month. The monthly payment referred to above shall be due and payable at the same time as the report. IV This agreement shall be effective for one year from the date specified in Paragraph III. V Said Licensee agrees to adequately stock and serve con- fectionery goods, sandwiches, coffee, and such other items as may be approved by the Park and Recreation Commission, includ ing swim daps, nose clips and ear plugs. VI Quantity and quality of merchandise to be sold by said Licensee shall be first approved in writing by the Park and Recreation Commission or its designated agent and shall be subject to modification from time to time by the Park, and Recreation Commission. _ VII Said Licensee shall keep open said concession at all times that said Swimming Pool is in operation for public recreation swimming and at such other times as may be designated by the Park and Recreation Commission. In the event that the attend- anee at the pool is less than forty (40) people within the first thirty (30) minutes of each pool session, the said Lie- , ensee may close the concession for that pool session. Such permission, if granted, shall be with the understanding that it shall not in any way affect or reduce the amount of money due to the City as provided elsewhere in this agreement. VIII This agreement shall be subject to termination by either party upon thirty (30) days' notice in writing to the other -2- party of such termination. IX The term gross receipts shall include all money and other things of value received by or paid to the Licensee or to ethers for the Licensee's use and benefit, and all credit extended by the Licensee in connection with the business conducted by it on said premises, including (but without in anywise limiting the foregoing) the sale of all merchandise of whatsoever kind and character and all services performed by the Licensee or anyone working for the Licensee for which any such compensation is received; provided however, that in the computation of said gross receipts there shall first be deducted all direct taxes on the service or merchandise sold which are passed on to and paid by the consumers thereof or by Licensee as a tax (such as sales tax) and meals to employees and owners. X In the event that any monthly payment of rent is not paid by the tenth (10th) day of each month following the month for which rent is due, the Licensee shall pay to the City an amount equivalent to seven percent (7%) of the delinquent amount. XI In the event of breach of this agreement by said Licensee said agreement may be terminated immediately and without notice. XII The Licensee shall obtain public liability insurance in the amount of $50, 000 for injuries, including accidental death, to any one person, and subject to the same limit for each person, in an amount not less than $100, 000 on account of one accident for injuries, including accidental death, to two or more persons, and property damage insurance in an amount not less than 05, 000. Said insurance coverage shall show the City as a co-insured. -3- Said insurance policies shall provide that the Insurance Company shall notify the City at least fifteen (15) days prior to any cancellation of said insurance policies. XIII In the event of abandonment of this agreement by said Licensee said City shall have a lien upon all the merchandise, fixtures and equipment belonging to Licensee for any unpaid rent. XIV Said Licensee shall in good faith render courteous efficient service to the public, and employ such persons as will enable him to fulfill this obligation. XV The Licensee shall comply with all City, State and Fed- . eral laws applicable to this business. IN WITNESS MitREOF, the parties hereto have hereunto set their hands the day and year in this instrument first above written. CITY COUNCIL of the CITY OF CH3LA VISTA, a Municipal Corporation, By ' / 221011-171.-4.-/ way or and */24.} ,9ea--44.../ 0.yez.,,e • License -4-