HomeMy WebLinkAbout84-102 - Concession on Balboa PierRESOLUTION NO. 84 -102
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE AN AMENDMENT TO THE
CONCESSION AGREEMENT, DATED MARCH 8, 1982,
• BETWEEN THE CITY AND DOUGLAS S. CAVANAUGH
FOR THE MAINTENANCE AND OPERATION OF THE
CONCESSION ON BALBOA PIER.
WHEREAS, there has been presented to the City Council
of the City of Newport Beach a certain Amendment to the Con-
cession Agreement, between the City of Newport Beach and Douglas
S. Cavanaugh, in connection with the maintenance and operation
of the concession on Balboa Pier, a copy of which is attached
hereto, marked "Exhibit A ", and incorporated herein as though
fully set forth herein; and
WHEREAS, the City Council has reviewed the terms and
conditions of said Amendment to Concession Agreement and finds
them to be equitable and that it would be in the best interests
of the City to execute said Amendment.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Newport Beach that said Amendment to Concession
Agreement, above described, is approved and the Mayor and City
Clerk is hereby authorized and directed to execute same on
behalf of the City of Newport Beach.
ADOPTED this 13th day of August , 1984.
/
City Clerk
• KJD;mm
8/2/84
AMENDMENT TO
CONCESSION AGREEMENT
FOR BALBOA PIER
THIS AMENDMENT TO CONCESSION AGREEMENT, made and entered
into this /a/day of J , 1984, by and between
• the CITY OF NEWPORT BEACH, 9 municipal corporation, hereinafter
referred to as "CITY ", and Douglas S. Cavanaugh, hereinafter
referred to as "Concessionaire."
W I T N E S S E T H•
WHEREAS, the CITY and Concessionaire entered into a
Concession Agreement, dated March 8, 1982, whereby Concessionaire
was given certain rights to operate=_ a restaurant at the end of
Balboa Pier; and
WHEREAS, the Concession Agreement has a term of ten (10)
years, commencing on March 8, 1982; and
WHEREAS, Concessionaire has requested an amendment to
this Agreement to extend such term for a period of five (5) years;
and
WHEREAS, Concessionaire, as of the date of this Amendment,
has fully complied with the terms and conditions of the Concession
Agreement, and it is appropriate to amend that Agreement to extend
the term so long as Concessionaire agrees to comply with terms
and conditions of the Agreement and any subsequent amendments to
the Agreement.
NOW, THEREFORE, the parties agree as follows:
1. Paragraph 2(a) of the Concession Agreement, dated
March 8, 1982, shall be amended to read as follows:
"(a) This Agreement shall be in effect for a period
of fifteen (15) years from the date of execution
unless sooner terminated as hereinafter provided.
At the expiration of this term,_the Concessionaire
shall have first right of refusual in continuing
to operate this Concession without the necessity
of the operation going out to bid.
2. The purpose of this Amendment is to extend the
termination date of the Concession Agreement,
dated March 8, 1982, from March 8, 1992 to March 8,
1997.
• IN WITNESS WHEREOF, the parties have executed this
•
Agreement as of the day and year first above written.
CITY OF NEWPORT BEACH, a
Municipal Corporation
By:
yo r
By:
ATTEST:
CITY
APPROVED AS TO FORM:
AtyAttorney `
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