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HomeMy WebLinkAboutLUCY VAN OEFFELEN dba ALDER TREE SNACK SHOP - 1982-05-170 0 0 t LEASE AGREEMENT 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, whose address is Post Office Box 190, Huntington Beach, California 92648, hereinafter referred to as "LESSOR", and Mrs. Walter Van Oeffelen whose address is 1520 Walnut Avenue Huntington Beach P hereinafter referred to as "LESSEE", who covenants and agrees as follows: 1. OWNERSHIP OF DEMISED PREMISES: LESSOR is the owner of the premises described in Appendix B, attached hereto and incorporated herein by reference. 2. LEASES, PROVISIONS INCORPORATED BY REFERENCE: LESSEE hereby leases the premises from LESSOR pursuant to the lease provisions attached hereto as Appendix A, and incorporated herein by reference. 3. PURPOSE OF THE LETTING: The premises are let for the purpose of conducting a food, beverage and rental concession, and other such uses as may from time to time be approved in writing by LESSOR. 4. TERM: The term of this lease is three (3) years; to commence on %i7� &W and expire on % CJ�. 0388G/703B 5. RENT: The rent for the premises shall be fifteen percent (15% of gross receipts (sales and rental s) per month ATTEST: ^City Clerk REVIEWED AND APPROVED: .-, ity Administrator Z. CITY OF HUNTINGTON BEACH, a municipal corporation Pj— Me- or -F APPROVED AS TO FORM: ey INITIATED.AND APPROVED: C- rector of C`jfnmunity Services LESSEE Mrs, Walter Van Oeffelen APPENDIX A TERMS AND CONDITIONS USE �7� LESSOR leases to LESSEE, and LESSEE hires from LESSOR 'fnr the purpose of conducting a food, beverage `and rental concession, and only such other uses Lis may from time to time be aParoved by LESSOR and for no other purpose. I . PERCENTAGE RENT: APPLICATION: The rent in this agreement is to be calculated on the gross receipts of the LESSEE, therefore, the following shall apply: I. AMOUNT AND TIME OF PAYMENT: LESSEE shall compu; 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 GM payable under this agreement. If received after the 15th day but postmarked on or before the 15th day, the payment will be 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. 2. DEFINITION OF GROSS SALES OR GROSS RECEIPTS: Gross sales shall constitute the sale price of all goods, wares, merchandise, retitais or products sold in, at, upor. or from the leased premises, by LESSEE or its agents or employees, whether for cash or credit, and in case of sales on re-edit, whether payment is actually made or not. 3. RECORDS AND ACCOUNTS: a. DAILY RECORDS AND ACCOUNTS: LESSEE covenants and agrees that it will, at all times during the term of this lease, I;eep or cause to be kept true and complete books, record!. and accounts of all financial transactions in the operation of all businesses, concessions, 3. 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 transaction 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 arnounts of the transaction, 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 tope will record the total sales for that day and the LESSEE will verify the total gross sales each My 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 of its sublessees, concessionaires, licensees, agents and employees to comply with the foregoing requirements. b. MONTHLY REPORTS: LESSEE covencnts and agrees to deliver to LESSOR not later than the (Sth day of each month, a true and correct statement of till gross receipts and gross sales for the preceding calendar month, showing separately: I. The gross sales and gross receipts from each business, concession, service, coin -operated machine or activity conduc+ed on or from said premises. Z. The total gross sales and gross receipts itemized as to each of the separate categories of gross sales and gross receipts upon which the percenyage rentals herein reserved are based. payment to LESSOR. Monthly reports shall accompany LESSEE'S monthly 4. C. INSPECTION OF RECORDS: All books, cash register tapes, records and accounts of every kind or nature kept by LESSEE, its sublessees, agents or employees, licensees or concessionaires relating to the operation of any business, concession, service or activity conducted on or from said premises shall, at all reasonable times, be open and made available for inspection or audit by LESSOR, its agents or employees or „he duly authorized agents and employees of the City of Huntington Reach upon request. 4. 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 during 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 oudit of LESSEE'S books of account, records, cash receipts and other pertinent dc:ta to determine LESSEE'S gross sales, by a certified public accountant to be designated by LESSOR. For the purpose of auditing, LESSEE shall maintain a separate business checking account specifically for concession operation. The cjudit 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 S. 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 he paid by LESSOR unless the audit shows that LESSEE understated gross sales by more than two percent (2%), in which case LESSEE shall pay fall 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 than 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. 2. CAI .4�ELLATION: 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 •io 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. FOR PUBLIC NEC ESS ITY: LESSOR may, upon thirty (30) days notice in writing to LESSEE, cancel and tee riflnate 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 the 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 hereof. So for as is possible, LESSEE is granted the right to participate ir, 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. 6. 3. LATE CHARGE: In the event any rental payment is not made on or before the clue 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. 4. 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 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 any of its agents or employees including negligent omissions or commissions of LESSOR, its agents or employees, in connection with the general supervision or direction of the work to be performed hereunder. S. INSURANCE: A. LIABILITY: During the entire term of this agreement LESSEE shall maintain in full farce 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 named insured) insuring LESSEE and LESSOR and their officers and employees, while cctin3 within the scope of their duties, against all claims arising out of or in connection wiih services performed under this agreement. The policy shall 7. provide for itot less than the following arriciunfis: Combined single limit bodily injury and/or property damage of $500900010 per occurrence. Such policy of insurance shall specifically provide that any "other insurance carried by LESSOR which may be applicable shall be deemed excess cnd LESSEE'S insurance primary despite any conflicting previsions 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 Appendix C 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 $7.5,000 building and $20,000 contents, and be on a form acceptable to the City Attorney. C. vi'ORKERS' COMPENSATION: LESSEE shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and S 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 LESSOR, S'or or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by LESSEE under this agreement. 6. 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 8. 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 in an "as is" basis. LESSEE shall be responsible for repair and maintenance of all equipment as per Appendix C. At the end of the lease term, all premises shali be returned in good operating condition. Interior and exterior signs, decor, furnishings, lights and colors shall not be added to or altereu from present conditions without the prior written consent of LESSOR. LESSEE shall permit LESSOR, its 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 lea --ad premises ca,ised by LESSEE, its officers, agents or employees. the 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. Frtiiure of LESSEE to comply with written notice served by LESSOR with regard to the ccre and maintenance of the premises, including the signs, shall result in termination of this lease. 7. 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 such premises, nor shall LESSEE be entitled to damages by reason of the failure of LESSOR to repair or rebuild such premises; 9. In 0 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. B. LESSOR'S RIGHT OF INSPECTION: LESSOR reserves the right by its authorized agents, employees or representatives to enter the leased premises to inspect the some or any part thereof at any time and to attend or -)rotect LESSOR'S interest under this lease. 9. 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 frail 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 amoints herein required, and shall fail to remedy such default within fifteen (15) clays after service of a written notice from LESSOR so to do if the default may be cured by the payment of money, or commence in good faith to remedy any other default within fifteen (15) days and thereafter diligently prosecute the some 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 lease and enter upon the leased premises and take possession thereof and remove all persons therefrom with or withouf 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 ;he event of such termination, LESSEE shall have no further rights hereunder, and all improvements shall become the property of LESSOR. 10. LESSOR may, at its option, elect to reenter and take possession of said premises and relet saidproperty 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. 10. 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 written consent of LESSOR first had and obtained. Any attempt to assign -,his agreement without such prior written consent of LESSOR shall constitute a violation of this agreement any; cause for cancellation hereof by LESSOR. II. UTILITIES: LESSEE shall pay as and when the some shall become due and payable all charges for all public: utility services, including water, electricity, gas, trash and any and all other utilities. 12. TAXES: Nothing in this lease agreement shall be construed to relieve LESSEE of any obligation to pay any federal, state, county or local Incense tax or tax which may be imposed or payable by reason of any statute or ordinance, and LESSEE agrees to pay promptly all licenses and taxes and other lawful charges that are imposed by any a r 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 of Huntington Beach. 13. NOTI CE: 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: City of Huntington Beach Community Services Department Post Office Box 190 Huntington Beach, California 92648 14. COMPLIANCE WITH LAWS: TO LESSEE: Mrs. Walter Van Oeffelen 1520 Walnut Avenue Huntington Beach, CA 92648 LESSEE shall comply with all state, county, city and federal laws that .-elate to LESSEE'S operations hereunder. 15. SECURIT�' 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 6 and 7 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. f the rash is not received, LESSOR will rise 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. 12. 16. HOURS: LESSEE shall provide service to the public and remain open for business such hours as best 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 schedule thereafter must be approved in writing by the Director. 17. 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, L"r SSEE must have written consent from LESSOR. 18. EQUIPMENT: LESSEE will return all equipment in good condition and working order to LESSOR upon termination of lease. Equipment is listed on Appendix C attache' hereto and incorporated herein by reference. 13. Ir y , li t y r ^i •1 � ` r J 8 . r . ly \ 4 J 40 jAk a td `�, ° •'.M , r '*•��1.. '�) fy •'1 �' , \) Y'y '. • 1 t �� r' 7 �y .Y, .M Z ,* y. . / I i `� � t \. \,.•�.AY�'` ♦ it A\ •� � ' ;/+ ^ i '� f t.� - e ,. - .. 1'i'�Y� + • s • APPENDIX C March 25, 1982 CITY OF HUNTINGTON BEACH COMMUNITY SERVICES DEPARTMENT HUNTiNGTON CENTRAL PARK RESTAURANT INVENTORY MARY BETH'S BACK ROOM I each Water Heater I each FIB Fan I each Burglar Alarm System PREPARATION AREA 2 each Preparation Stainless Steel Tables I each Triple Stainless Sink I each Double Refrigerator I each Chalkboard I each Single Freezer 15 f.et Stainless Steel Shelving STORAGE AREA each Coffee Maker I each 3' x 2' Stainless Steel Platfrom for CO2 Bottles SERVING AREA 2 each Soap and Paper Towel Dispensers I each Triple Heat Light Unit I each Grill with Fryer 2 each Preparation Stainless Steel Tubes I each Refrigerator 3 each Stainless Steel Shelving I each Ice Cream Dispenser I each Ice and Soda Dispenser I each Refrigerated Food Display Case 4 each Chalkboard DINING ROOM 5 eu-h Tables 20 each Chairs I each Air Door I each Ceiling Fan Light I each Fly Fan each 30 Gallon Plastic Trash Can 15. Smii h Hunter Ureco Ureco Bunn Welles Delfield Taylor Drink-O-Matic Mars Galaxy 780-H-7432380 No Serial Number 31073 31072 72914 7756 55235 815PE36C-L flown Originsl mind Coos torn tel•de•rtihcata to: CERTIFICATE OF INSURANCE Approved at to Form: CCI�!lfrl!1ITY �,F,1ivlrr; Gall Hutton. City Attorney City of Hunrrntnn neach TO Dept. nits M,n.T•n it.1 ` • r t P.0. Boa I CITY OF HUNTING 1011 BEACH, CALIFORNIA HunikntOn Oach, CA 9ZG44 A MUNICIPAL CORPORATION + This is to certify that the pnlicret of insurance as rlrtcribed belnw have been issued to the insured by the und.rtigned and are in (nice at this time. 11 these pufie1et are tanrelled or ehanned in such a manner that will Affect this eerbfirate, the rntiff? wr c1n.•nany Anrrr% to give 10 days print written entire, by mail, In City of Hunhngtnn 11eaeh P. O. [Ina 711. Huntinginn peach, r,lifn.nia 97b'q At L ITEMS MUST BE COMPLETED, ANY DELETION Oil CHANGE IN THIS FORM SHALL BE SIGNEP AND DATEn Is'! An AUTHORIZED REPRESE►DATIVE OF THE INSURANCE COMPANY AND MOST BE APPROVED Ifs WRITING BY THE Cl 1 v ATTORNEY. Name of Insured Lucy VanOef felon DBA: Alder Tree Snack Shop Add rest of Insured 17731 Goldenwent, Huntington Heach, Cit.92647 Locatlon of Work or C rwfatinn% to he Irrinrmed same as above / rZ! ��►i1 / t + r Description of Work or Opetatinnt Snack Shop POLICY OArES LIMITS Or LIABILITY NAME Or COMPANY Eflrctive E.Pitetion POLICIES IN FORCE 'OLICY NO. In Thousands Ioon1 IINS.1 GENERAL LIABILITY �s t},,I cOMrn[NENSIvi:roam GGIND15872 5-15-82 5-15-83 S500,000 CSL SC.' Paul Fqr fXI rACUISFS•O►[RATIONS hl;arine-;.nsllrr'1m Each acturanc• I I EXPLOSION AND C�Ntipan}= COLLAPSE NAZAnD t t UNDEaGRDUNn t+ArnaD IXI 61111ODUct5COMtLEtto OPEPATtnNS 11AZAnn fYq CONTRACTUAL INSUaANCt 1)(1 rinoAo roam PROPERTY DANACt IXI 1140teENnttaT CONTnActons 1 1 PEaSONALINIURV AUTOMOnILE LIABILITY I I F.ouraENtNsivE roam 1 OWNED $ CSL Cach Occurmine• 1 1 ainto t)(1' NDNOWNED EXCESS LIABILITY t 1 Utaaa ELLA f 0RM 1 1 O IWI TNAN S UURPCLLwroam WORKERS'COMPENSATION To Ile rat• Pt'1111 ri ry &M flarinr_ Insur n Assigned 5-19-02 5--19-83 Statutory EMPLOY rnS' LIAIIILITr— — --� Com172ny Additional Insured Endoetrmtnf, The Insuret rrirtet that the City of Hunt;nitnn Roach and its City Council, andInr all Cilv Council anpninietl gtnupt, commits-ot. commissions, boards And any nlher C+ty Council anpninted hotly, andloe Orttivr and Rpm. -eve Officers. servants or empinreet of the City of Huntington Ueach, when acting as tech art Additional inulteds hterunder. (r/ the acts of tht Insu,vil, and such imurance shall In primary to any imurAnee of the City of Himlingtnn Reach, a% their intrtett may a of 34 so- �+ • Dote May 15, 19n2 AUT140n11r i 1� 1►T / NCE COMPANY tNSUr1ANCECOMPANr St. PaUl Fire & tlarinn. Natr+mi AiIA.•,s nddrina 500 S. Kraemer Blvd. City Brea, CA 92621--T.Irphon• 11OLn HAIIMtAr,% AGRr.FMFNT u(its he Foorulrst by inulrrd) The trd I tJp y ;) iJ/l/1rt* . 1 1 i +lr .gars in sunsets, defend, inrlemnilY, taut, and hold halml►u Iho City nl Iluntinglnn Reath its nflicets, Agrnls, and er+Iptnyees against any hshrlity, Ins%, damage, mitt, of expense by ►+atnn n1 any And all liability, toils, elarmt, detnands, judgments And tAu%rs of A,:tino tauten by imurtd, his emttlnytes, agrn!s or any sulrtonlrartnt or by Any third parly Ariteng ou of or in consenutnee of the perinrmance of sit or my nooratinm or ar.tivifv f r which this eelfihate of insurance it fulnitherf. • 11• la Frteptimirnrship 121 rntrirrtMp UI ri.ipn+eote" UI Orb.. Itlelel IInl014ARutIESSSIGNtO: fly insirre•l' 1sila. L rf L ,((, ,, / Gtt' Levt. I'�✓ (All nantei tfidl Lmi Mint•A M lyl»d filetm16e•� 7rtlt � �, ► clew miath 10"11•ro.l r• cc. r Return Original and Copy ,:r c8#VNYTY rtificate"to: CERTIFICATE OF INSURANCE Approved as to Furm: SERVICE'S Gail Hutton CityAttorney City af,Huntinyton Beach TO y Dept. Risk Management CITY OF HUNTINGTON BEACH, CALIFORNIA P.O. Box 711 By: Huntington Beach, CA °2648 A MUNICIPAL CORPORATION 5i This`is to certify that the policies of insurance as described below have been issued u, the insured by,the undersigned and are'in force at this time, if these policies are cancelled or changed in such d manner that will affect this certificate,'the insurance company agrees to: give 10 days prior written. notice; by mail, to City of Huntington Beach P.; O. Box 7'11, Huntington' Beach, California 92648. ALL ITEMS;;: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. Lucyan0effelen DBA: Alder Tree Snack Shop Name of ►;Isured Y p Address of Insured 17731 Goldenwest, Huntington Beach, CA. 92647 Location of Work or Operations to he performed same as above Description of Work or Operations Snack Shop POLICY DATES LIMITS OF LIABILITY NAME OF COMPANY Effective Expiration POLICIES IN FORCE POLICY NO. In Thousands (000) ( INS.) GENERAL LIABILITY rXI COMPREHENSIVE FORM GGINB5872 5-15-82 5-15-83 s 500, 000 CSL St. Paul Fire. IXI PREMISES - OPERATIONS Each Jccurance Marine Insurani [ j EXPLOSION AND Company COLLAPSE HAZARD [ ) UNDERGROUND HAZARD IxJ PRODUCTS COMPLETED OPERATIONS HAZARD [XJ CONTRACTUAL INSURANCE [XJ BROAD FORM PROPERTY DAMAGE [}{] INDEPENDENT CONTRACTORS [ J PERSONAL INJURY AUTOMOBILE LIABILITY [ ) COMPREHENSIVE FORM I 1 OWNED $ CSL Each Occurance [ J HIRED 1X)" NON -OWNED EXCESS LIABILITY [ I UMBRELLA FORM [I OTHER THAN S UMBRELLA FORM WORKERS'COMPENSATION To Be St. Paul Fire and Marine Insuran Ass�.gned 5-19-82 5-19--83 Statutory EMPLOYERS' LIABILITY Company 'Additional Insured Endorsement: The insurer agrees that the City of Huntington Beach and its City Council, and/or all City Council appointed groups, committees, commissions, boards and any other City Council appointed body, and/or elective and appointive officers, servants or employees of the City of Huntington Beach, when acting as such are additional insureds hereunder, for the acts of the insured, and such insurance shall be primary to any insurance of the City of Huntington Beach, as their interest may Date May 15, 1982 -- — AUTHORIZE INSURANCE COMPANY Ste Paul Fire & Marine By . �+ Name Address 500 S. Kraemer Blvd. City Brea, CA 92621 Address Telephone ;WNT01" "W1 PRESIDENT HOLD HARMLESS AGREEMENT (to be executed by insured) MRd FFttLEn/�NreesThe go protect, defend, indemnify, save, and hold harmless the City of Huntington Beach its officers, agents, and employees 2gainst any liability, loss, damage, ccst, or expense by reason of any and all liability, suits, claims, demands, judgments and causes of action caused by insured, his employees, agents or any subcontractor or by any third party arising out of or in consequence of the performance of all or any operations or activity for which this certificate of insurance is furnished. .00le Proprietorship (2) Partnership (3) Corporation (4) Other (state) HOLD HARMLESS SIGNED: By Insured: f (All nsmes shall be printed or typed By In: ro Title bolow each signature.) }� If Corporation, 'TWO Gfficers must sign, or present evidence of authorizatibn to bind Corporation. 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(� �"'"�;•+;+ T��r, ack�{ i',��•••�^l.,t�'r.'`•1:''.ilit;� F��i r #' �k-BIN DE Y�:�N.RANGC TKMU74� t ;E��{/] !}�► 5� �[�+Fs,�t` i '�I�R'.y■f'_, ��w,J' f t_* `Y-Y'y7 1fw� YS' yr i �jf w t 1S 7., +1.1 �1�.:J►,t. ....'.y� .w,..x1�, . `r54':41r•ii1�14 T R^{ }iF,� 1�Tr;%� j iw.ifn •i(Y " :fr*:�'{ pLLJ�i"'{4.,eeUUswt ('ht ��7•,/S\• 1{ ,f.�L(,��s}� •1Ai�/y�1{���{Y�w•7�,7. (�y� { ��' �3�� �i+M{.�i��"��pJi "'11 t V , w i .i' {• 1j Jlt Y- �. i...a"/{ i �•�+� •:.Y. 1. {1 .'•,w "T.\:v�G1. f".-lV•�i.i,w.. aY•�.1.!•, s�M.•1k.+X',•{-''�. .• T/KieJ:�'•1 -S l'. J'iY..'�n F.(. NAME r r • • •COMPANY�, �.•:.: r orange rV ,1 r r { .y • ul Fire & Marine 1982 Y Drive ••++ , - w ;IVj 14 Corporate Plaza 0 This binder is issued to extend coverage in the above named'_� Newport Be ach CA 92660 company per expiring policy # (except as noted below) ` r r • Description f • • s, •r ►i i Lucy • - -e DBA:The Alder Tree Snack Shop Snack Shop • • -Street �?ii{1z?•2�i?tt�.�hli?" 3k�14'."-.G3i:i'P' L'I!l1�i�i ;�•ia fi '" 3r53' - ' S' '' i rt '4�'! ' .t _.r. t '/f3. '► �kt�"w11it3ii {' Type and Location of Property Coverage/ Peril s/F orm s 1 • -Building APPROVED AS TO FOR11., All Risk $75,000 100 fff 1 1 Contents city 1 1 1 1 1 1 1 1 Attorney IT Byo • /epu • rcw 1Type of Insurance Covorage/Forms 0 Scheduled Form M Comprehensive Form �Bodily Injury r - . •• • • O/ • Contractual s r • dily Injury 0 Other (specify below) 11 111 11 111 • •• 11 10,000 • ■'- r ■ ■Personal .0 Liability X3 Non -owned 0 Hired 'iBodily Injury (Each Person) $ 0 Comprehensive -Deductible $ Bodily Injury (Each Accident) $ 1 ■ • ••• a. `t 0 Uninsured Motorist $ yy0 No Fault (specify): Bodily Injury & Property Damage • Combined )0 WORKERS' COMPENSATION — Statutorj Limits (specify states below) 0 EMPLOYERS' LIABILITY — Limit $1001000 ii ,,SPECIAL CONDITIONS/OTHER COVERAGES t r 1 � r• �}�.�4�!! �f}!!rl{Y.f1�3ta`!" YlrYYf - iTs. fit 1 1"a 1 +�t�f� yti 4\ ti lt•!:•. . liwV 1L. M 4. a •t i'r<s!l ti t $3t fGi 15<hT�F,# fitTv tiltl! W i ti► + +� XXkDD'L INSURED NAME A14D ADDRESS OF 0 i g on Beach ,. 14 City. of Huntin' t N�� Dept Risk Management LOAN NUMBER -t, Mr. Y�$�', rJ. ),Huntington Beach, CA 92648 y, Sr hN td. President • • k; Signature of Authorized Representative Date • tj y ,.���• . w. r..,«.,..��.vwjv�y.rm•,°vvkl:.wcY�liii'1 y }f>x, 'x r � ' { i ' ! {I ► k` v "r t �{ Y K. .: }><i '.•6y1iF7 .;�ry.1 4 r`"a3t.14 �, i 4 t�ei 4 R. t ..�yS"i�i�+h�ri,.���.'F{h�}.� ix ."+`aJ Y?'7••t ��+:��yk�lµi ��,•;•t1,�ktf1, 4 . � t '1�1 � R�% tk4tA �! �! •1 +' 4�i � � } � � � � . ► � � ..� �. � • "+Fa i",�� •� !t A Hh! • r .. �. � l �-C� '�,y� � _ 'd ; + '+',1, '� !'.:1:''�..�/'��. K •. �`ft�,�i,. ��.j,+ri. �;�.�i.l_(f •� tl�(1 ��•�•.1•, ,;.�' �`/•;i, .•.,1 .+: fl•/, }: �' r.r r�+ {i3•'.!` { •►' ry7 i jl; � l.�••.'�. • _ ''' _ f {yy 1 i%..IIt .'•t .t .,. ii ,i. •�,3 3. 41 .l� •�1 r: i:e.T!'�.G. . Ar-; !...yr•'.x 1.^y1 `J. Jirli r�f; ,1'. _,�. 1��,�',�,' •' y, �1? 4/`y. .�. ,'.•� f' . ! I�f.l .f' i,t+:.):!1 r!�1 . r • y' .1::{r,.�' ...i, { Bayly, Martin & r dy of Orange County, 1f:c : { 4 ^*i�1'ttr Er �I; ; A �r = Inc. r { i 14 Corporate Plaza Drive�St._..._Paul Eire .& .Marine_. Newport Beach, CA 92660 1 Lucy Van Oeffelen DBA : ALDER TREE SNACK SHOP 17731 Goldenwest Street Huntington Beach CA 92647 •, , , — ... ' __ ..�..�_ _ _ ..... - r .- �;; ,1•C' i 1` ti-' �I'!.rti�.lt: 141 ��1.. tr,.f ��,..•tt✓.1'f�•il fir. •i. , x .-t+'M. 'r F .. , •,fi, , •)`J� A1• •. Sf• rr•••� 7-.....ys X ; 4 x ! a A j 66INB5972 5/15/84 h x 500 500 in..:yt • ! � 1 y , A 1 r , A 66INB5872 3/15/84 c A ._ ' :" 76INA6585 5/15/84 v � , ALL OPERATIONS OF THE NAMED INSURED t 100,000 t � TO -1. t {1t . By: Doptity City Attornsy xxxxxxxxxxx .30 XXXX xxxxXi:�:.XXXXXXXXXX}:XXX};XXXXXXXxXXXXXXxXXY.XXY.XXX +:XXX ADDITIONAL INSURED City of Huntington Beach May .31, 1R83 Insurance and Benefits Office ?000 Main Street ! Huntington Beach, CA 92648 { f r CIT'qV OF HUNTINGTON BEACH CS D 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK May 20, 1982 Lucy Van Oeffelen dba Alder Tree Snack Shop 17731 Goldenwest Street Huntington`Beach, CA 92647 The City Council of the City of -the City of huntington Beach at its regular meeting held Monday, May 17, 1.984 approved an agreement with you for the food concession in Huntington Central Park known as Marybeth's. Enclosed is a copy of said lease agreement together with a copy of the insurance Certificate which you submitted. Alicia f M. Wentworth City Clerk AMW:CB: is Enclosed cc: Community Services Director Judy John, ,Finance Ted Willoughby, 0. C. Assessor's Office, P. 0. Box 149, Santa Ana 92702 (T©lo phon e: 714-530.5227 ) 1. RCQUERFOR CITY COUNCI11ACTION Date Submitted to: The Honorable Mayor and City Council Submitted by: Charles W. Thompson, City Administrat Prepared by: Subject: Vincent G. Moorhouse, Director, Community Lease Agreement with Mrs. Walter Van Ford Concession in Huntington Central Noll �X G1 Oeffelen for Marybeth's 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 Marybeth's. RECOMMENDATION Approve the attached lease agreement with Mrs. Walter Van Oeffelen and authorize the Mayor to execute same. ANALYSIS In July of 1980, the city entered into a two-year agreement wJ th a previous lessee to provide food and sundry items in Huntington Central Park. Recently, the lessee, under terms of his agreement, terminated his lease for Marybeth's due to lack of business. Classified ads were placed in four different newspapers with ten interested persons responding. In addition, letters of interest were sent to fifteen major, fast food chains, with no response. Of the ten persons responding to the ad, four equally 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 Mould be willing to pay the city in the form of rent for the concession. Only two applicants submitted bids: Mr. Bob Redmond at 16 percent and Mrs. Walter Van Oeffelen at 15 percent. In an oral interview with Mr. Redmond, he indicated he would be con -- ducting a portion of his catering service from Marybeth's. Mr. Redmond was informed that catering; was not a permitted use and his proposal was withdrawn. The bids are on file in the Community Services Department for review. The Community Services Commission has previously.approved the concept of leasing park cornossions. FUNDING .7,00RUE None. ALTERNATIVE ACTIONS Readvertise for additional bids; leave the concession vacant until the park's master plan is finalized. ATTACHMENTS Agreement and location map. / P10 A/81