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HomeMy WebLinkAboutBass, Gene and Jeanie Bass - The Alder Tree Snack Shop - 1984-05-07CITY OF HUNTINGTON 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK November 18, 1987 Jack Walker Orange County Assessor's Office P. 0. Box 149 Santa Ana, CA 92702 Attn: Real Property Department Enclosed is a copy of Amendment No. 1 to Lease Agreement Between the City of Huntington Beach and Jeanie and Gene Bass for the Alter Tree Snack Shop. If you have any questions, please call 536-5227. Alicia M. Wentworth City Clerk AMW:bt Enc. 4i{ LLC. ��LGFY1 (Telephone: 714-536-5227 ) I AMENDMENT NO. 1 TO LEASE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND JEANIE AND GENE BASS FOR THE ALDER TREE SNACK SHOP THIS AMENDMENT Nu. 1 to the lease between the CITY OF HUNTINGTON BEACH, hereinafter referred to as "LESSOR" and JEANIE BASS and GENE BASS, hereinafter collectively referred to as "LESSEE" covenant and agree as follows: Paragraph 4 is amended to read: "The rent for the premises shall be twelve and one-half percent (12.5%) of gross receipts (sales and rentals)." This change shall be effective as of September 1, 1987. All other provisions of Paragraph 4 and all other provisions of the lease remain the same. LESSEE: n _,Pene Bass beanie bass Vm,Tt EST: M. VVENTWORTq CITY CLERK City Clerk L7 tole REVIEWED AND APPROVED: /�/ / Ci Administra` 2621L:ps b� �Y Mayor APPROVED AS TO FORM: 47City Attorney INITIATU AND APP$QVED: min e SerVices PRODUCER VANDRUFFF & ASSOCIATES P.O. BOX 156 WESTMINSTER, CA 92684 714-M-1222 INSURED THE ALDER TREE SNACK SHOP 17732 GOLDENWEST ST. HUNTINGTON BEACH, CA ...,.a :., .. All I"`� �R 10-27-86 THIS CERTIFICATE IS ISSUED AS A. MATTER OF INFORMATION ONLY AND CONFERS NO RIG4TS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANY A. LETTER COMPANY LETTER IS COMPANY c LETTER COMPANY LETTER COMPANY LETTER COMPANIES AFFORDING COVERAGE WESTERN U14ERWRITING THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUEDTv THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHST,'LADING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED ?R MAY PERTAIN, THE INSUP.-,NCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO A_L THE TERMS, EXCLUSIONS, AND CONDI- TIONS OF SUCH POLICIES. CO TYPE OF INSURANCE P_ POLICY NUMBEf+ i a=f. MMT;O.tiri Pq�rr f xPIRA'�ON LIABILITY LIMIT IN THOUSANDS EACH Cd,"URRENCE AGGREGATE LTR CA'E. �htht;'BIJ YYI GENFPAL LIABILITY , J BODILY GOMPREHENSN R INJURY � $ X PREMISES/OPERATIONS 1 PROPERTY UNDERGROUND I DAMAGE $ EXPLOSION & COLLAPSE HAZARD 4 PRODUCTS/COMPLETED OPERATIONS PENDING 1 10-1-86 10-1-87 CONTRACTUAL COMBINED $ $ iX INDFPENDENT CONTRACTORS ` 500, 500, BROAD FORM PROPERTY DAMAGE Ij PERSONAL INJURY PERSONAL INJURY $ _—� — ^ I ^-- ` AUTOMOBILE LIABILITY 91 ANY AUTO � ERSONI $ ALL OWNED AUTOS (PRIV PASS) ` w?xv ALL OWNED AUTOS (PRIVRPASSN) ap aw GEtiL $ HIRED AUTOS 1 PROPERTY NON -OWNED AUTOS I DAMAGE $ GARAGE LIABILITY BO 8 PD COMBINED � $ � EXCESS LIABILITY �^ UMBRELLA FORM el& PO^ COMBINED I $ $ OTHER THAN UMBRELLA FORM WORKERS' COMPENSATION STATUTORY $ (EACH ACCIDENT) AND EMPLOYERS' LIABILITY ITHL i $ (DISEASE -POLICY LIMIT) $ (DISEASE -EACH EMPLOYEE) DESCRIPTION OF OPERATION.S/LOCATIONSF/EHICLES/SPECIAL ITEMS IT IS HEREBY AGREED & UNDERSTOOD THAT THE CITY OF SNACK SHOP HUNTINGTON IS NAMED AS ADD'L INSURED. s a a SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- CITY OF HUNTINGTON BEACH PIRATION DATE THEREOF, THE ISSUING COMPANY WILL -ENDEA*oft—f9 MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE P.O. BOX 100 LEFT,tTtFfFAtLt1rZETSiio+A:�sUC`IidaT}ecsHsktLiirtPasEi%esstl3TrTiflHORtiA$ftETY HUNTINGTON BEACH, CA 9264$ RESE4FA-TWIE . TF EG Ry�EiNp I AUA E�L ,� Y J �• 06 ft - IMPORTANT IS NOT A SILL. SEND NO MONEY UNLESS STAONT IS ENCLOSED. HOME OFFICE SANS FRANCISCCO POLICY DECLARATIONS COS U R A N C E CALIFORNIA WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY POLICY THESE DECLARATIONS ARE A PART OF THE WORKERS' COM-ENSATION POLICY INDICATED HEREOF:. THIS INSURANCE IS EFFECTIVE FROM 12;01 A.M.; PACIFIC STANDARD TIME 10-09-86 TO 10-01-87 AND SHALL AUTOMATICALLY RENEW EACH 10-01 UNTIL CANCELLED CONTINUOUS POLICY 776713-86 ALDER TREE SNACK SHOP DEPOSIT PREMIUM $250.00i 17732 GOLDENWEST MINIMUM PREMIUM $135.00, HUNTINGTON BEACH, CALIF 92647 PREMIUM ADJUSTMEN PERIOD ANNUALLY N SP NAME OF EMPLOYER- RUSSEWILMALJ.EHASSSS AND Y^Oq? P_STOC sil*tto fy HUSBAND P.ND WIFE GAIN iiv- *�i�y ���OT TP& DE NAMES- ALDER TREE SNACK SHOP By 1. WORKERS' COMPENSATION INSURANCE - PART ONE OF THIS POLICY APPLIES TO THE WORKERS' COMPENSATION LAWS OF THE STATE OF CALIFORNIA. 2. EMPLOYER'S LIABILITY INSURANCE - PART TWO OF THIS POLICY APPLIES TO LIABILITY UNDER TAE LAWS OF THE STATE OF CALIFORNIA. THE LIMIT OF OUR LIABILITY UNDER PART TWO IS, $3,000,000 CODE NO. PRINCIPAL WORK AND RATES EFFECTIVE TO 10-01-87 9079 RESTAURANTS OR TAVERNS --ALL EMPLOYEES -- INCLUDING MUSICIANS AND ENTERTAINERS— N.P.D. TOTAL ESTIMATED ANNUAL PREMIUM $212 5.30 IGNED AND ISSUED AT SAN FRANCiSCO OCTOBER 16, 1986 POLICY FORM X 1L LEASE AGREEMENT FOR ADLER TREE SNACK SHOP THIS AGREEMENT to lease real property is hereby made by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "LESSOR", and JEANIE BASS and GENE BASS, hereinafter collectively referred to as "LESSEE", who covenant and agree as follows: 1. OWNERSHIP OF PREMISES: LESSOR hereby leases to LESSEE and LESSEE hereby hires from LESSOR the premises depicted in "exhibit A", attached hereto and incorporated herein by reference. 2. PURPOSE OF THE LETTING: The premises are let for the purpose of conducting a food, beverage and rental concession, aad other such uses as may from time to time be approved in writing by LESSOR. 3. TERM; The term of this lease is five (5) years, to commence on May 1, 1984 and expire on April 30, 1989. 4. RENT: The rent for the premises shall be eighteen and six/tenths percent (18.60%) of gross receipts (sales and rentals). A. AMOUNT AND TIME OF PAYMENT: LESSEE shall compute all receipts monthly and shall pay to LESSOR on or before the 15th day of each and every month, the rental owing to LESSOR and for rental due and payable under this agreement. If received after the 15th day but postmarked on or 1. 7 before the 15th day, the payment will b- accepted without penalty. LESSEE shall furnish with each such rental payment, on forms provided by LESSOR, a detailed statement of the gross sales upon which said payment amount is computed. B. DE'INITION OF GROSS SALES OR GROSS RECEIPTS: Gross sales shall constitute the sale price of all goods, wares, merchandise, rentals or products sold in, at, upon or from the leased premises, by LESSEE or its agents or employees, whether for cash or credit, and in case of sales on credit, whether payment is actually made or not. C. RECORDS AND ACCOUNTS: LESSEE covenants and agrees that it will, at all times during the Term of this lease, keep or cause to be kept true and complete books, records and accounts of all financial transactions in the operation of all businesses, concessions, services and activities of whatever nature conducted on or from said. premises. The records must be supported by documents from which the original entry of the *ransaction was made, including sales slips, cash register tapes and purchase invoices. All sales and charges shall be recorded by means of cash registers which display to the customers the amounts of the transactions, certifying the amounts recorded. The registers shall be subject to approval of LESSOR and shall be equipped with devices which lock in daily sales totals, and which shall record on tape the transaction numbers and sales details. At the end of each day, the tape will record the total sales for that day and 2. the LESSEE will verify the total gross sales each day by signing his/her name on the tape and then file it in chronological order. LESSEE covenants and agrees that it will comply with and require all or its sublessees, concessionaires, licensees, agents and employees to comply with the fc�.egoing requirements. LESSEE covenants and agrees to deliver to LESSOR nJi_ later than the 15th day of each month, a true and correct statement of all gross receipts and gross sales for the preceding calendar month, showing separately: 1. The gross sales and gross receipts from each business, concession, service, coin -operated machine or activity conducted on or from said premises. 2. The total gross sales and gross receipts itemized as to each of the separate categories of gross sales and gross receipts upon which the percentage rentals herein reserved are based. Monthly reports shall accompany LESSEE'S monthly payment to LESSOR. All books, cash register tapes, records and accounts of every kind or nature kept by LESSEE, it sublessees, agents or employees, licensees or concessionaires relating to the operation of any business: concession, service or activity conducted on or i from said premises shall, at all reasonable times, be open and made available for inspection or audit by LESSOR, its agents or employees or the duly authorized agents and employees of the City of Huntington Beach upon request. 3. D. AUDIT: LESSEE shall also furnish to LESSOR copies of its quarterly California sales and use tax returns at the time each is filed with the State of California. Such books of account, records, cash receipts and other pertinent data shall be kept for a period of two (2) years after the end of each lease year. The receipt by LESSOR of any statement, or any payment of percentage rent for any period, shall not bind LESSOR as to the correctness of the statement or the payment. LESSOR shall be entitled dL._�ng the term and within two (2) years after expiration or termination of this lease to inspect and examine all LESSEE'S books of account, records, cash receipts and other pertinent data, so LESSOR can ascertain LESSEE'S gross sales. LESSEE shall cooperate fully with LESSOR in making the inspection. LESSOR shall also be entitled, once during each lease year and once after expiration or termination of this lease, to an independent audit. of LESSEE'S books of account, records, cash receipts and other pertinent data to determine LESSEE'S gross sales, by a certified public accountant to be designated by LESSOR. ror the purpose of auditing, LESSEE shall maintain a seperate business checking account specifically for concession operatt.on. The audit shall. be limited to the determination of gross sales and shall be conducted during usual business hours at the premises. If the audit shows that there is a deficiency in the payment of any percentage rent, the deficiency shall become immediately due and payable. The costs of the audit shall be paid 4. by LESSOR unless the audit shows that LESSEE understated gross sales by more that two percent (2%), in which case LESSEE shall pay all LESSOR'S costs of the audit. LESSOR shall keep any information gained from :.such statements, inspection or audit confidential and shall not disclose it other that to carry out the purposes of this lease, except that LESSOR shall be permitted to divulge the contents of any statements in connection with any financing arrangements or sale of LESSOR'S interest in the premises. 5. CANCELLATION: A. FOR CAUSE: LESSOR may, upon thirty (30) days notice in writing to LESSEE, cancel and terminate this agreement and the lease granted herein without liability to LESSOR in the event of failure of LESSEE to comply with any of the terms or conditions or agreements hereof as may be determined solely by LESSOR. B. FOi.PUBLIC NECESSITY: LESSOR may, upon thirty (30) days notice in writing to LESSEE, cancel and terminate this agreement and lease granted herein without liability to LESSOR when public necessity so requires, or to suspend operations hereunder in the event of public necessity or safety. Additionally, LESSOR may, upon sixty (60) days notice, terminate if :he implementation of a master plan affecting the city park is imminent, and mandates exclusion of the leased premises from their current use prior to expiration of the term 5. Fhereof. So far as is possible, LESSEE is granted the right to participate in the master plan process, and will be afforded the opportunity to continue to operate if it can meet the requirements imposed pursuant to the master plan. G. LATE CHARGE: In the event any rental payment is not made on or before the due date as herein provided, a late charge of ten percent (10') of the amount of each rental payment shall be assessed on the day following the date such rental payment becomes due: and payable. 7. INDEMNIFICATION, HOLD HARMLESS, DEFENSE: LESSEE hereby agrees to defend, indemnify and hold harmless LESSOR, its officers, agents and employees, from and against any and all liability,, damages, costs, losses, claims and expenses, however caused, resulting directly or indirectly from or connected with LESSEE'S performance of this agreement (including but not limited to such liability, cost, damage, loss, claim or, expense arising from the death of or injury to an agent or employee of LESSEE, subcontractor, or of LESSOR or of damage to the property of LESSEE, subcontractor, or of LESSOR or of any agent or employee of LESSEE, subcontractor or LESSOR), except where such liability, damages, costs, losses, claims or expenses are caused solely by the negligent or wrongful acts of LESSOR or of any of its agents or employees, including negligent ommissions or commisions of LESSOR, its -gents or employees, in connection with the general supervision or direction of the work to be performed hereunder. 6. 8. INSURANCE: A. LIABILITY: During the entire term of this agreement LESSEE shall maintain in full force and effect the following contracts of insurance acceptable in form to the City Attorney. A certificate evidencing such insurance shall be furnished to LESSOR prior to LESSOR'S execution of this agreement. A general liability insurance policy (in which LESSOR is named as an additional insured) insuring LESSEE and LESSOR and their officers and employees, while acting within the scope of their duties, against all claims arising out of or in connection with services performed under this agreement. The policy shall provide for not less than the following amounts: Combined single limit bodily injury and/or• property damage of *500,000 per occurrence. Such policy of insurance shall specifically provide that any other insurance carried by LESSOR which may be applicable shall be deemed excess and LESSEE'S insurance primary despite any conflicting provisions in LESSEE'S policy to the contrary. B. FIRE: LESSEE shall maintain in force during the entire term of this agreement, a standard broad form fire insurance policy for full replacement of the structure itself, as well as contents described in "Exhibit B" in which the LESSOR is named and which any and all losses are made payable to LESSOR. The face amount of said policy shall be $75,000 building and $20,000 contents, and be on a form acceptable to the City Attorney. 7. M C. WOR^'._S' COMPENSATION: LESSEE sha_1 c-Dmply with all of the provisions of the Workers' Compensation Insurance arvd Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Labor Code and all amendments thereto; and all similar state or federal acts or laws applicable; and shall indemnify, defend and hold harmless LESSOR from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including attorneys" fees and costs, presented, brought or recovered against T.ESSOR, for or on account of any liability under any of said acts which may be incurred by reason of any work to be perform-d by LESSEE unaer this agreement. 9. CARE OF PREMISES: LESSEE shall at all times maintain the leased premises in conformity with all state and local laws and .regulations. At all times during the term of this lease agreement, LESSEE, at its own cost and expense, shall keep and maintain the premises within fifty (50) feet radius of the building in a neat, clean and orderly condition and shall keep the exterior and interior of the building in good condition and repaired and painted as LESSOR shall direct. LESSEE will replace or repair all glass damage exterior and interior. The premises are leased on and "as is" basis. LESSEE shall be responsible for repair and maintenance of all equipment as per Exhibit B. At the end of the lease term, all equipment and premises shall be returned in good operating condition. 8. M Interior and exterior signs, decor furnishings, lights and colors shall not be added to or altered from present conditions without the prior written consent of LESSOR. Any and all modifications, additions or deletions to the premises or the equipment shall be made only with the prior written approval of LESSOR and shall be at the sole expense of LESSEE who shall be solely responsible for any liens, encumbrances or charges upon such modification, addition or deletion. Upon the expiration of the term of this lease any such modification, addition or deletion will belong exclusively to LESSOR free of any lien encumbrance or charge. LESSEE shall permit LESSOR, it s officers, agents or employees to enter said premises at all reasonable times to view the state and condition thereof, or the conduct of LESSEE'S business. LESSEE shall not obstruct, cause or permit the obstruction of said premises or any part thereof in any manner whatsoever. LESSEE shall be responsible for any damage to the leased premises caused by LESSEE, its officers, agents or employees. Zhe responsibility for damages under this paragraph is separate from any responsibility or liability for bodily injury or for property damage caused by third parties, against which LESSEE holds LESSOR harmless under indemnification provisions of this agreement. Failure of LESSEE to comply with written notice served by LESSOR with regard to the care and maintenance of the premises, including the signs, shall result in termination of this lease. 9. 10. DAMAGE - CANCELLATION: In the event the leased premises shall be damaged through no fault of LESSEE, LESSOR shall not be required to repair or rebuild premises, nor shall LESSEE be entitled to damages by reason of the failure of LESSOR to .repair or rebuild such premises; however, should said premises remain in condition not suitable for LESSEE'S operations for a period of fifteen (15) days, either party hereunder shall have the privilege to cancel this agreement and be relieved of any further liability hereunder. 11. LESSOR'S RIGHT OF INSPECTION: LESSOR reserves the right by its authorized agents, employees or representatives to enter the leased premises to inspect the same or any part thereof at any time and to attend or protect LESSOR'S interest under this lease. 12. DEFAULT, ABANDONMENT, RIGHT OF REENTRY Time and each of the terms, covenants and conditions hereof are expressly made the essence of this agreement. If LESSEE shall fail to comply with any of the terms, covenants or conditions of this lease, including the payment of the rentals herein reserved at the time and in the amounts herein required, and shall fail to remedy such default with fifteen (15) days after service of a written notice from LESSOR so to do if the default may be cured by the payments of money, or commence in good faith to remedy any other default within fifteen (15) days and thereafter diligently prosecute the same to completion, or if LESSEE shall abandon or vacate the leased premises. LESSOR may, at its option, and without prior notice or demand, terminate this 10. C lease and enter upon the leased premises and take possession thereof and remove all persons therefrom with or without process of law. Upon such termination, LESSEE shall pay a sum of money equal to the amount, if any, by which the cash value of the rent reserved hereunder for the balance of the term exceeds the then cash value of the premises for the balance of the term. In the event of such termination, LESSEE shall have no further rights hereunder, and all improvements shall become the property of the LESSOR. LESSEE may,at its option, elect to reenter and take possession of said premises and relet said property or any part thereof for the account of LESSEE, for such rent and upon such terms as shall be satisfactory to LESSOR, without such reentry working a forfeiture of the rents to be paid and the covenants to be performed by LESSEE during the term of the lease. For the purpose of such reletting the LESSOR is authorized to make any repairs, changes, alterations or additions in or to said premises that may be necessary or convenient and if a sufficient sum shall not be realized monthly from such reletting, after paying all of the costs and expenses of such repairs, changes, alterations or additions and the expense of such reletting and the collection of the rent accruing therefrom each month to satisfy the rental herein required to be paid by LESSEE, then LESSEE will satisfy and pay such deficiency each month upon demand therefor. 13. ASSIGNMENT OR SUBLEASE: No assignment or sublease of this agreement of any of the rights hereunder shall be valid or binding upon LESSOR without the 11. written consent of LESSOR first had and obtained. Any attempt to assign this agreement without such prior written consent of LESSOR shall constitute a violation of this agreement and cause for cancellation hereof by LESSOR. 14. UTIILITIES LESSEE shall pay as when the same shall become due and payable all charges for all public utility services, including water, electricity, gas, trash and any and all other utilities. 15. TAXES: Nothing in this lease agreement shall be construed to relieve LESSEE of any obligation to pay any federal, state, county, or local license tax or tax which may be imposed or payable by reason of any statute or ordinance, and LESSEE agrees to pay promptly all license and taxes and other lawful charges that are imposed by any governmental body or agency including any possessory interest tax appraisal upon LESSEE'S use of the premises. Further, nothing in this agreement shall be construed to relieve LESSEE of any obligation to obtain and pay the fee for any permit which may be required by any ordinance of the City c,f Huntington Beach. 16. NOTICE: Any written notice given under the terms of this agreement shall be either delivered personally or mailed, postage prepaid, addressed to the party concerned as follows: TO CITY: TO LESSEE: City of Huntington Beach Jeanie and Gene Bass Community Services Department 16706 Maple Street 2000 Main Street Fountain Valley, California Huntington Beach, California 92648 92708 12. 17. COMPLIANCE WITH LAWS: LESSEE shall comply with all state, county, city and federal laws that relate to LESSEE'S operations hereunder. 18. SECURITY DEPOSIT: LESSEE shall provide LESSOR with a $1,000.00 deposit, payable to LESSOR with the interest being paid to the LESSEE to be approved by the City Treasurer, to be used by LESSOR to repair and maintain the leased premises as per Section 9 and 10 of this lease agreement, upon LESSEE'S noncompliance with LESSOR'S written notice. Within fifteen (15) days of LESSOR'S written notice to the LESSEE that the required work has been completed, LESSEE shall provide LESSOR with such sums of cash so as to maintain the $1,000.00 deposit. If the cash is not received, LESSOR will use deposit and LESSEE will provide a new $1,000.00 deposit within fifteen (15) days after deposit has been used. If, at the conclusion of the lease term, any sums remain on deposit, they shall be refunded to LESSEE. 19. HOURS: LESSEE shall provide service to the public and remain open for business such hours as best to serve the public. LESSEE'S schedule of the hours when such services are provided shall be subject to the LESSOR'S Director of Community Services for prior written approval, and any changes or deviations to such schedules thereafter must be approved in writing by the Directof. (Rest of Page Not Used) 13. 20. DELIVERIES: LESSOR will approve the days and time deliveries may be made by any person, LESSEE or LESSEE'S employees. To enable LESSEE to have access upon LESSOR'S property, LESSEE must have written consent from LESSOR. 21. ENTIRETY: The foregoing represents the entire agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers the day, month and year first above written. LESSEE: ATTEST: City Clerk REVIEW AND APPROVED: Cl Administrator CITY OF HUNTINGTON BEACH, A m cipal c rp ation, APPROVED AS TO FORM V'I/' �I ,— C �/,tl ,1 0iEy' Attor ey INITIATED AND APPROVED: j Co 'nunity Services EXHIBIT A 0 wacumr rooee®o i�mr .scsvra� I 1 %rasa mmvime - - ewiu.+ass �s+eo.o. ma+rm�va m naY. o ALDER '-TP-.,EE yam. rA, �- geRi /i10T %JJ 5r,4Li" H EXHIBIT B CITY OF HUNTINGTON BEACH COMMUNITY SERVICES DEPARTMENT HUNTINGTON CENTRAL PARK RESTAURANT INVENTORY BACK ROOM 1 each Water Heater Smith 780-H-7432380 1 each Fly Fan Hunter No Serial Number 1 each Burglar Alarm System PREPARATION AREA 2 each Preparation Stainless Steel Tables 1 each Triple Stainless Sink 1 each Double Refrigerator Ureco 31073 1 each Chalkboard 1 each Single Freezer Ureco 31072 15 feet Stainless Steel Shelving STORAGE AREA 1 each Coffee Maker Bunn 72914 1 each 3'x2' Stainless Steel Platform for CO2 Bottles SERVING AREA 2 each Soap and Paper Towel Dispensers 1 each Triple Heat Light Unit 1 each Grill with Fryer Welles 7756 2 each. Preparation Stainless Steel Tables 1 each Refrigerator Delfield 3 each Stainless Steel Shelving 1 each Ice Cream Dispenser Taylor 55235 1 each Ice and Soda Dispenser Drink-O-Matic 1 each Refrigerated Food Display Case 4 each Chalkboard DINING ROOM 5 each Tables 20 each Chairs 1 each Air Door Mars 815PE36C-L 1 each Ceiling Fan Light 1 each Fly Fan Galaxy 1 each 30 Gallon Plastic Trash Can • : •, ��� Ir, CI II111I(:Afl IIf INSl113AN(:I �,•,•�„���,I.,•.r„I„,/!�` J�oi.. , .I ! i •n, t .�t It. ' U G.ul Ifunun,C Aar u - "rl' CI'1 Y 01' IIUN I INGT0NJ 11E_AC11, CALIFO]INIA i' ,• C,." Ira} Fly I• I:. III ANIONICIPAI C0111'011ATION f'l,• Iu rertily thal Ihv finlicirs Of insurant a as dnsr:ribml below have been isIm.,d to the insured by thr, undersigned and arc it lore• at this time. If these policies arc canceller) or chauulod in such a manner that will affect this certiricatr., tin, insura,nx company agree to •pyr, 10 days prior written notice, by mail, to City Of lluntinnton 14rach, P. 0. Box 711, Huntington Beach, California 926413. AI t IILMS MUST BE COMPLETED, ANY DELETION OR CHANGE IN THIS FORM SHALL BE SIGNED AND DATED BY AN AUTHORIZED REPRESENTATIVE OF THE INSURANCE COMPANY AND MUST BE APPROVED IN WRITING BY THE CITY ATTORNEY. Name of Insured (ti/ ( ss �Y �—1 C..CYC� (� cJf>C Address of Insured 7'� G �� �E� 5 l �t (• ( lh f� ru;(Ti'1 . �j�C' 11 - Loration of Work or Operations to be performed Description of Work or Operations �Ac / S `cc t'OLICY DATES -- LIMITS OF LIABILITY NAME OF COMPANY Effective Expiration POLICIES IN FORCE POLICY NO. In Thousands (000) (INS.1 LIABILITY kVENERAL j COMPREHENSIVE FORM < 77•�� �l PftcNllst S OP[ IIA I IONS CSL Each OIccuralico i LXPLOSIQN AND ( / 6`( f ? L' � �• l'Yn ��`i1 COLLAPSE HAZARD � l � e -. '' i1 1 it ,(rJl. T UNDERGROUND HAZARD �`O0, ao 0 AJ y PRODUCI_, COMPLETED JPERATIOAIS HAZARD r� CONTRACTUAL INSURANCE (� BROAD I OHM PROPERTY DANIAGL 4 — '_& INDEM NOENI CONThACTORS PERSONAL INJURY AUTOMOBILE LIABILITY ( I COMPREHENSIVE FOHM I - ONNEO AV 5- CSL Each Occuranco t I HIRED f I NON OWNED EXCESS LIABILITY I I UMBHF LLA FORM % S I OTHER 114AN UNIMI[LLA FORM WORKERS' COMPENSATION�[✓�; and EMPLOYERS' LIABILITY C Atr•!itiooal br.,ured Endoisement: nsuler agiecs that the City of Huntington Beach and its City Council, and/or all City Councii aplitmited c.ol:ps, commtue•••. commissions, hoards and any other City COLInCII appointed body, and/or elvctivo and appointive officers, servants or ernployc • ,i th• Cll\ of Hi1(ilIMF Loll B(,Wli, when aC.ting as such Irr. additional it. ureds hurounder, for the acts of the insured, and sucl1 insurance SI.- - be pl imary to .lily insurance of the City of Huntington Beach, as their inteiest may appear. Datu J — AUTHOR/l7�[-D R P CS NTATIVE O INSURANCE t.19NIPANY INSURAN E/L; MPANY tlllll�sl l�) 9L L�. — By � C n Name,\�-Ei S��I`r�l Aurlr„�s S-10 1 Cc Y, ') l . � _ I city <-.. - � >_ E t-t`C !a CO C,ly HOLD HARMLESS AGHEEMENT --- (to bra executed by insured) Thrt insulrcl '—, agrees to prolect, defend, indemnify, save, and hold h.,rmless the C..y of Huntutrlton 13rt.•:o ns officers, agents, and employers against any liability, loss, damage, cost, or expense by wo,on of any .t,ld all habiilty, s•tils, ci,.inrs, demands, judgments and causes of action causod by insurrcl, his employees, agents or any suucontraetor or by any third party out of or in consequence of the performance of all or tiny opu,Itions or activity for which this certificate of insurances is furnished ' (1) Sole ProtlriMorship (2) Partnershr (3) F. 1mrrtiort (4) Other (state) HUt.D I IAIIMI I SS SIGN[ D: By Ilist. racl:�'�L_c"���'` Titlu (All nanmy shall im Imnl1ml or typad I,ulovrands stgnatt"o') By Insurull: It Cnrpnrauuo, TWO Oflicars must sign, or prosont ovblmtc of a+Hhnnz.ruuu to bind Corporation. �� 0 0 CITY OF HUNTINGTON 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK November 18, 1987 Jack Walker Orange County Assessor's Office P. 0. Box 149 Santa Ana, CA 92702 Attn: Real Property Department Enclosed is a copy of Amendment No. 1 to Lease Agreement Between the City of Huntington Beach and Jeanie and Gene Bass for the Alter Tree Snack Shop. If you have any questions, please call 536-5227. Alicia M. Wentworth City Clerk AMW:bt Enc. (Telaphono: 71 A•536.5227) REQU FOR CITY COUN � t CTION Date _ /October 30, 1987 Submitted to: Honorable Mayor and City Council Members Submitted by: Pau]. Cook; Interim City Administrator Prepared by: Robert J. Franz, Chief of Adanaisteative Services Subject: Reduction of Rent for the Lease AlderTree Conbession (Centth):�3ar�is�B; GC T, Consistent with Council Policy? [ ] Yes [\] New Policy or Exception Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments_ Statement of Issue: A reduction of the rent has been requested for the Alder Tree Concession in Huntington Central Park, located east of Golden West Street and south of Slater Avenue. Recommendation: Approve the attached modification of lease reducing the rent as a percentage of gross receipts from 18.6 % to 12.5 % . Analysis: On May 1, 1984, the City of Huntington Beach entered into a five (5) year Lease Agreement with Jeanie and Gene Bass for the Alder Tree Snack Shop, located in Huntington Central Park, north of the Huntington City Library. At the beginning of the lease, the 18.6 % of gross agreed to in the contract seemed reasona ,Za. However, subsequently, the Lake has gone dry several times, and with no water, fist,, or ducks, the number of people using the park in this area has declined. This reduction resulted in loss of business for the Alder Tree Snack Shop. Additionally, substantial unanticipated increases in insurance have occurred and an adjustment to the lowered percentage of gross seems reasonable, so that the Bass' might continue to provide service to the public who use the park. The reduction would reduce rent to the City by an estimated $2,250 per year based on prior year's sales. Comparison - 12.5 % is comparable to most of the beach concessions and is slightly less than the End of the Pier Cafe. 15 % of gross is charged for the "Breakfast in the Park" concession which has both size and lake advantage over the Alder Tree. The Alder Tree concession currently has less than two years remaining on a 5 year contract which expires April 30, 1989. The reduction would show the City receiving 18.6 % for the first 3.5 years, 12.5 % for the 1.5 year balance. Funding Source: None Alternative Action: Leave the gross percentage the same. Put the concession up for bid and seek another tenant. Attachments: Modification of lease agreement. 3380j Pio 5/85 IT'S OF HUNTINGTON k 2000 MAIN STREET CALIFORNIA 9264E Orange County Assessor's Office P. 0. Box 149 Santa Ana, CA 92702 Attn: Ted Willoughby, Real Property Agent The City Council of the City of Huntington Beach at its regular meeting held Monday, May 7, 1984, approved the lease agreement with Mrs. Jeanie Bass and Mr. Gene Bass for the Alder Tree Food Concession in Huntington Central Park. Enclosed is a copy of said agreement for your records. 4licia M. Wentworth City Clerk AMW:CB:js Enclosure (Telephana'714-S3G•52271 REQU , ST FOR Ci $��� C ACTION .April 9, 1984 Submitted tc : The Honorable Mayo and Cit Inc Submitted by: Charles W. Thompson,, C' Administra o /+ r Prepared by: Robert J. Franz, Chief of Administrative Services�� T Melvin M. Bowman, Acting Director, Community S6r ice`'s Subject: Lease Agreement with Mrs. Jeanie Bass and Mr. Cane Bass for the Alder Tree Food Concession in Huntington Central Park. Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: STATEMENT OF ISSUE A new lessee has been found for the food concession in Huntington Central Park known as the Alder Tree. RECOMMENDATION Approve the attached lease agreement with Jeanie and Gene Bass and authorize the Mayor to execute the same. ANAYLSIS In May of. 1982, the City entered into a three year agreement with a previous lessee to provide food and sundry items in Huntington Central Park. Recently, the lessee, under terms of her agreement, terminated her lease for the Alder Tree due to sickness in the family. Classified ads were placed in three different newspapers with six interested persons responding. Of the six persons responding to the ad, three qualified persons submitted proposals. To resolve the selection process, each prospective lessee was asked to submit a sealed bid indicating the gross percentage of monthly receipts they would be willing to pay the city in the form of rent for the concession. Three applicants submitted bids: The bids were Cisneros - 11 , Bass - 18.6%, Moudy - 20%. The bids are on file in -the Community :Services Department for review. The Community Services Commission has previously approved the concept of leasing park concessions. Oral interviews were conducted with the three applicants. The Moudy bid of 20 was rejected because the applicant had little or no restaurant experience, financial reserve and is under a doctors care with health problems. In view of the experience, financial statement and business record of the Bass', it is our opinion they are the best qualified of the applicants to conduct the concession. FUNDING SOURCE None. ALTERNATIVE ACTIONS Readvertise for additional bids; leave the concession vacant until the park's master plan is fin-lized. ATTACHMENTS Agreement and location map. r,, n 41,31