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Home My WebLink AboutReso 1956-1869 •1 , t "' j- ` t'a !y `0f `14 e , o. t ;°--„,.i ' 4� f .3 1, 4 "Ji Y q 'n a a RESOLUTIN ;NO.1869 . + ' R"ESOLITTION DP 4 CITY COUNCIL OF THI CITY OF 'CHLA ,VISTA APPROVING tG T Fort,' THE' ' 01'E TON OF-CONCESSION IN RECREATION BUILDING k , • B IT, RESOLVED BY THE CITY sCOUNC31,OF THE CMArk.1 . , '' , ° CHU .A, VISTA IS'FOLLOWS: a ,° . t That that certaii'�'°agreement,ff for the operatiop of a ' concession, ail, the Recreation Building, a copy Of.which-is '. . , , , - attached hereto arid madly a part,and parc'ei hereof is 'hereby ' appr tve,4 i d, the Mayor and" City Clerk, Of,.,thQ City t®'g;Chula - - ITis,ta pare ,lie reby,• authorized to ,execute the Same for'and:$n Y ' ' bet f`9--D,said City• . - '. i • 4., ., i w r, + r V-. , , . i F 4 `, a � .. > ., . ' , 4 s , +.y t,. -4 1. 1, ' a w t , .chi ,. ,t 4 • ,�•yt , C } t rAr 1 Yaw . • , r Y +; ' V ', ' M '. Y a _. a , v . N. i - .4 ' ` ASS, t. .+. R. � ` • m T ' TM • • f 1 tf ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 12th day of June 19 56 by the following vote, to wit: - AYES: COUNCILMEN Rader, DeGraaf, Smith, Dillon, DeWolfe NAYS: , COUNCILMEN None • ABSENT: COUNCILMEN None / . " . Q a y o r o e i y o u - is a • • ATTEST f _ /%j/ y C1er STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, KENNETH P. CAA'PBELL, 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the above and foregoing is a full, true and correct copy of Resolution No. , and that the same has not been amended or repealed.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 • • AGREEKENTT FOR OPERATION OF CONCESSION AT TIM SWIMMING POOL ADJACENT TO THE RECREATION BUILDING IN THE CITY OF CHULA VISTA THIS AGREEMENT, made this 12th day of June 1956, by and between the City of Chula Vista, a Municipal Cor- poration, hereinafter referred to as the City, and T. P. HUN- TINGTON, hereinafter referred to as the Licensee. • For and in consideration of the mutual covenants herein contained, the parties agree as follows: I That the said Licensee shall have the right to op- erate a snack bar at a place designated near the Swimming Pool by the Recreation Commission during the time or times that said Swimming Pool is open to the public for recreation swim periods. • • II That said Licensee shall pay to the City the sum of ONE THOUSAND ($1,000.00) DOLLARS per season, payable at $125.00 per month for eight months commencing on the 1st day of . .June , 1956. At the end of each year or season, the Licensee shall pay the difference between said $1,000.00 and Ti percent of the gross receipts of said busi ness. Said 7- percent shall be computed on an entire season .basis. Said sum shall be due and payable within ten (10) days after close of said season or year. The season is con- sidered to be eight (8) months. Gross receipts shall exclude sales taxes. An itemized report of said income shall be sup- plied the Finance Officer of said City by the 10th day of the following month for which the income has been received. -1- A duplicate report shall be sent to the Recreation Director at said time. The said Licensee shall comply with all the laws of the City of Chula Vista and State of California and shall obtain a business license and sales tax permit from the City of Chula Vista, At the time of submitting an itemized re. port of the income he shall also submit to said City, his State of California and City of Chula Vista sales tax report. All cash receipts shall be deposited in a cash register to be main.: tained by said Licensee and the tape from said cash register shall be submitted with said report and said tape shall not be • destroyed during the duration of this Agreement, .III This Agreement shall be effective for two years from date specified in paragraph II and the said licensee is hereby given the option to renew this Agreement upon the same terms and conditions excepting that the minimum rent shall be $1250.00 or ten (10%) percent of the gross profits whichever shall be the greater. Said option shall be exercised by giving notice in writing to the Recreation Commission at least sixty (60) days prior to the expiration of this Agreement, N Said Licensee agrees to adequately stock and serve confectionary goods, sandwiches, coffee, and such other items as may be approved by the Park and Recreation Commission in.. eluding Swim caps, nose clips and ear plugs, V Prices, 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. No item shall be sold for more than the price first approved by the Recreation Commission, D A duplicate report shall be sent to the RecreatioD irector at said time. The said Licensee shall comply th all the • laws of the City of Chula Vista and State of California and • • • shall obt in a business license and sales ax permit from the City o\Chula Vista. At the time of submitting an item- ized report f the income he shall al o submit to said City, • \ his State of 0 lifornia and City of hula Vista sales tax report. All ca receipts shall b- deposited in a cash register to be ma tained by sai. Licensee and the tape from said cash regiser shall b- submitted with said re- . • port and said tape sha. not ■e destroyed during the dura- tion of this Agreement. • • III This Agreement ha:l be effective for two years from date hereof and th4 said icensee is hereby given the option to renew this greementz`, on such terms as may be • mutually agreeable o the parties • IV • Said Licensee agrees to ad quately stock and serve • confectionary Bloods, sandwiches, cofe, and such other items as may .e approved by' the Park aid Recreation Commis- sion, inclu ing Swim caps, nose clips a d ear plugs. I . V Prices, quantity and quality of merchandise. to be sold by said Licensee shall be first appro ed in writing by the Park and Recreation Commission or its d signated agent and shall be subject to modification from ti e to time by the Park and,Recreation Commission. No item s \all be sold for more than the price first approved by the Recreation Commission, • -2- • . VI Said Licensee shall keep open said concession at all times that said Swimming Pool is in operation for ' public recreational swimming and at such other times as may be designated by the Park and Recreation Commission. VII That this Agreement shall be subject to termina- tion by either party upon thirty days notice in writing to the other party of such termination. The Recreation Commit tee may recommend to the City Council, to terminate said Agreement or said City Council may act upon its own motion. • Within the thirty day period herein mentioned, said Licensee may appear before said Council and be heard. VIII The term gross receipts shall include all money and other things of value received by or paid to the Licensee or to others for the Licensee's use and benefit, and all credit • extended by the Licensee in connection with the business con- ducted by it on said premises, including (but without in any- wise 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 de- ducted 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 em- ployees and owners. • • -3- • • IX In the event of breach of this Agreement by said • Licensee said Agreement may be terminated immediately and without notice. x In the event of abandonment of this Agreement by said Licensee said City shall have a lien upon all the mer- chandise, fixtures and equipment belonging to Licensee for any unpaid rent. XI 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. IN WITNESS WHEREOF, the parties hereto have here- unto set their hands the day and year in this instrument first above written, CITY OF CHULA VISTA A Municipal Corporation an. . '. HUNTINGTON -4-