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RESOLUTION NO. /~~:;...
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH KENT C. DANNER RELATING TO THE
OPERATION OF AN AMUSEMENT ZONE IN PERRIS HILL PARK.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor of the City of San Bernardino is
authorized and directed to execute on behalf of said City an
agreement with Kent C. Danner relating to the operation of an
amusement zone in Perris Hill Park, a copy of which is attached
hereto, marked Exhibit "I" and incorporated herein by reference as
fully as though set forth at length.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
on the .2~ day of
.
, 1977, by the following
meeting thereof, held
vote, to wit:
AYES:
Councilmen (!!,.-7.;,'-d./J{. ~~},M'9- ~J.A??'..d'/.
~ ~..::._ V'</<f.; ~4.P_M/
+.//
NAYS:
ABSENT:
d~~~
The foregoing resolution is hereby approved . ~~ day
of ~, 1977.
f/
ino
F'LED
JUMa4.811
LUaU.E: GOfORTH, Qlra.t
~,il.2.,.z:j;{J~.Lr-
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AGREEMENT
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(perris Hill park Amusement Zone)
THIS AGREEMENT is made and entered into this o<~>:!-.day of
j~ , 1977, by and J;)etwe~ the CITY OF SAN BERNARDINO
a munit6ipal corporation, hereinafter called "City", and KENT C.
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DANNER, an individual, hereinafter called "Concessionaire".
w .!. T N E S ~ ! .'!'. !!.:
WHEREAS, Concessionaire has, for a substantial period of
time, operated an amusement zone in perris Hill Park in the City
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of San Bernardinoi and
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WHEREAS, it is desired that Concessionaire be allowed to
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continue his amusement zone activities in perris Hill Park for
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an additional term and upon the conditions hereinafter set forth,
NOW, THEREFORE, in consideration of the mutual promises,
agreements, provisions and legal detriments herein contained, it
is agreed .s follows:
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1. Term. City does hereby grant to Concessionaire for a
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18 period beginning July 1, 1977 and ending midnight on June 30,
19 1978, the sole and exclusive right to operate an amusement zone
20 in perris Hill Park in the City of San Bernardino, California.
21 Said amusement zone is described on Exhibit "A" attached hereto
22 and incorporated herein by reference.
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2. Use. The amusement zone shall consist of the following
24 rides: merry-go-round, miniature train, auto-ride, fun tub, pony
25 cart, army tank and rocket. Other rides may be added or sub-
26 stituted for the listed rides, provided the written consent of
27 City to such change or modification is first obtained.
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. . . . .
. . . . .
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3. Concession Rights. The City hereby grants to Con-
cessionaire for the same term as aforesaid, the sole and exclusive
concession rights to the amusement zone. Such concession rights
shall include candy, soft drinks, sandwiches, hot drinks, peanuts,
popcorn, ice cream and all other forms of confections ordinarily
sold by one commonly known as a concessionaire, including cigars,
cigarettes, tobacco, seat cushions and novelties. The exclusive
concession rights granted hereby shall not include, authorize or
permit the selling of any wines, beer, mixed drinks or alcoholic
beverages of any type upon park property.
4. Payments to City. Concessionaire shall pay to City
five percent (5%) of all monies received from the gross sales from
the operation of said amusement zone and the exercise of con-
cession rights. Concessionaire shall, at all times, keep accurate
books of account showing all monies received from the operation
of the amusement zone and from his exercising the concession
rights, and the City shall have the right to inspect and audit
said books and records at all reasonable times and places. It is
understood and agreed by the parties hereto that prior to the date
of commencement of this agreement, Concessionaire paid ten percent
(10%) of the monies received from gross sales to the City. In
return for City's reduction of the percentage from ten percent
(10%) to five percent (5%) as provided herein, Concessionaire
shall not increase any of his prices during the term hereof in
excess of those charged prior to the commencement date of this
agreement. In the event Concessionaire does raise his prices over
those previously charged, then the sum to be paid to City shall
revert to ten percent (10%) of all monies received from gross
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sales in the operation of said amusement zone and from the
exercise of the concession rights.
5. No Improvements, Etc. Concessionaire shall make no
additions or improvements to the property affected by this agree-
ment without the advance written approval of City. Concessionaire
shall bear and pay for all expenses incurred for any resurfacing
of the premises, fencing, electrical wiring or for the constructio
of any concession or amusement equipment, concession stands or
rest rooms. Any construction that may be authorized shall be
supervised by the Director of Building and Safety of City. All
permanent additions or improvements made on the property shall be-
come a part of said property and shall, upon the termination of
this agreement, belong to City. Concessionaire hereby waives any
claim to any additions or improvements that he may make or cause
to be made on said property.
6. Alterations. Concessionaire shall pay all costs of any
alterations or additions to any building, structure or improvement
located on said premises, and shall keep the premises and improve-
ments located thereon free and clear of any and all claims arising
out of the performance of work or furnishing materials. Con-
cessionaire shall indemnify and save the City harmless and free
from any and all claims arising out of the performance of work or
furnishing materials, cost and expense which may accrue, grow out
of or be incurred by reason of such claim.
City shall have at all times the right to post and keep
posted on the said premises such notices provided for under and
by virtue of the laws of the State of California for the pro-
tection of said premises from mechanics liens or liens of a
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1 similar nature.
2 7. Abide by all Laws. Concessionaire shall observe and
3 abide by all existing laws, ordinances and regulations of the City
4 of San Bernardino and the State of California which are presently
5 in force or which may hereafter be enacted.
6 8. Utilities. Concessionaire shall promptly pay all bills
7 and expenses for water, electricity, gas and any other utilities
8 provided to the premises.
9 9. Hold Harmless. Concessionaire hereby agrees to, and
10 shall, hold City, its elective and appointive boards, commissions,
11 officers, agents and employees harmless from any liability for
12 idamage or claims for damage for personal injury, including death,
13 as well as from claims for property damage which may arise from
14 Concessionaire's operations under this agreement, whether such
15 operations be by Concessionaire or by anyone or more persons
16 directly or indirectly employed by or acting as agent for Con-
17 cessionaire. Concessionaire agrees to and shall defend City and
18 its elective and appointive boards, commissions, officers, agents
19 and employees from any suits or actions at law or in equity for
20 damages caused, or alleged to have been caused, by reason of any
21 of the aforesaid operations.
22 10. No Assignment, Etc. Concessionaire shall not assign
23 this agreement, or any interest therein, or any part thereof, or
24 any right or privilege appurtenant to it, or allow any person
25 other than Concessionaire and his agents and employees to occupy
26 or use the premises or any part of them, without first obtaining
27 City's written consent thereto. City's consent to one assignment
28 or use shall not be a consent to any subsequent assignment or
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occupancy or use by another person. Any unauthorized assignment
shall be void, and shall terminate this agreement at the City's
option. Concessionaire's interest in this agreement is not
assignable by operation of law without City's written consent.
It is understood and agreed by the parties hereto that
Concessionaire's activities hereunder are very personal and City
is relying upon his personal attributes for the proper conducting
of all activities hereunder.
11. Condition of Premises. Concessionaire shall keep the
premises in a clean, sanitary and orderly state at all times.
12. Default and/or Termination. Should Concessionaire
default in his performance of any of the terms, conditions and
agreements contained hereunder, then City may terminate this agree
ment by giving Concessionaire five (5) days advance written notice
of such default, and thereafter this agreement shall immediately
terminate. In the event City so terminates this agreement, Con-
cessionaire shall not be deemed to be discharged of his obligation
hereunder or any damage occasioned by reason of his said default.
Notwithstanding the foregoing, the parties hereto may
terminate this agreement by giving ninety (90) days advance
written notice to the other party.
13. Insurance. Concessionaire will, at all times on and
after the date on which the term of this agreement commences, and
at its own expense, keep all of the improvements on the premises
insured against loss or damage by fire and other risks covered by
standard extended coverage endoresement, and by vandalism and
malicious mischief, and insured against loss or destruction due to
shock or earthquake, and war damage (when procurable) in an amount
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equal to not less than the replacement cost of such improvements.
Concessionaire will procure and maintain in force during
the term of this agreement an insurance poli~y or policies insur-
ing City and its officers, employees and agents against public
liability and property damage in the following minimum amounts,
to wit:
(a) Public Liability Insurance. In an amount not less
than $500,000.00 for injuries, including, but not limited to,
death, to anyone person and, subject to the same limit for each
person, in an amount not less than $1,000,000.00 on account of
anyone occurrence,
(b) Property Damage Insurance. In an amount of not
less than $25,000.00 for damage to the property of each person on
account of anyone occurrence.
All insurance shall be carried with insurance companies
approved by City and licensed to do business in the State of
California. A renewal policy shall be procured not less than ten
(10) days prior to the expiration of any such policy. ;The policie
of insurance as above provided or certificates of the insurers
evidencing the required insurance coverage for the premises shall
be deposited with City forthwith.
14. Taxes. Concessionaire covenants during the term of
this agreement to pay, when due, all taxes and assessments that
may be assessed or imposed upon the Concessionaire's possessory
interest in and to the premises and on personal property that is
located on the premises.
15. Amendments. This agreement may be amended or modified
only by written agreements signed by both parties.
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16. Notices. All notices herein required shall be in
writing and delivered in person or sent by certified mail, postage
prepaid, addressed as follows:
Ci ty of San Bernardino
300 North "Dn Street
San Bernardino, CA 92418
Kent C. Danner
3135 North Hidalgo Drive
San Bernardino, CA
IN WITNESS WHEREOF, the parties hereto have executed this
agreement on the date first hereinabove written.
ATTEST:
"
~1!t<<l"r
Approved as to form:
~~~
CJ.ty A orney
CITY OF SAN BERNARDINO
KENT C. DANNER
?Z::R4J~
FILED
JUN 241971
I.UCILLE GOFORTH; Cllr.tIIrk
1I"71i'. m~"ff ~.;;.~_"
,;/
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EXHIBIT "A"
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All that portion of Lot 1, Block 6 of the Orange Grove
Tract, as per plat recorded in Book 11 of Maps at page 14, Records
of the County Recorder of San Bernardino County described as
follows:
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Commencing at a point on the center line of Highland
Avenue 1.32 feet east of the center line of Harrison
Street, thence south 459.97 feet to the true point
of beginning; thence south 67 degrees 42 minutes east,
a 4istance of 90.62 feet; thence southwesterly along a
cu~ concave to the southwest, having a radius of 25
feet and a central angle of 43 degrees, 08 minutes,
30 seconds, a distance of 18.82 feet; thence south
24 degrees, 33 minutes, 30 seconds east on a tangent
a distance of 114.67 feet; thence south 80 degrees,
58 minutes west a distance of 71.78 feet; thence
southwesterly along a curve concave to the northeast,
having a radius of 50 feet and a central angle of 78
degrees, 42 minutes 40 seconds, a distance of 69.56
feet, thence north 20 degrees, 19 minutes, 20 seconds
west on a tangent, a distance of 154.455 feet; thence
south 67 degrees, 42 minutes, east, a distance of
37.30 feet to the true point of beginning.
Basis of bearing is the center line of Harrison Street
being north.
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