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RESOLUTION NO. /.;If,~
RBSOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EX!:CUTI_.QF A FIRST AMENDMENT TO AGREEMENT WITH KENT C. DANNER
REGARDINQ ~USEMENT ZONE ACTIVITIES IN PERRIS HILL PARK; AND
PERMITTIMG INCREAsES OF P.tCES OF CONFECTIONS.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The Mayor of the City of San Bernardino is
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hereby authorized and directed to execute on behalf of said City
a First Amendment to Agreement with Kent C. Danner regarding
amusement ZOne activities in perris Hill Park and permitting
increases of prices of confections, a copy of which is attached
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hereto, marked Exhibit "A" and incorporated herein by reference
as fully as though set forth at length.
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I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at ~ /7;,JA,n.~~;/.1 A~f"'.I~J.A/' meeting thereof, held
on the .f.$ day of ljI_ ~~&, 1977, by the following
vote, to wit:
AYES: Councilmen c:;:,--:*'_"~.AS ~~,,/~ ~7~
O~174LA'i' ~ ./~~~ 1i~/L.J
NAYS: 7:), >w./
ABSENT: ;:;;,........~p;,./. ~-....--..J ,~A./
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reby approved this 91#
day
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The foregoing
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1977 .
resolution
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of
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FIRST AME~DdNT TO AGREEMENT
(Perri. Hill Park Amusement Zone)
THIS
this /:2. 't!..
CITY OF SAN
FIRST AMENDMENT TO AGREEMENT is made and entered into
day of ~' 1977, by and between the
BERNARDINO, a unicipal corporation, hereinafter
called "City", and. KENT C. DANNER, an individual, hereinafter
called "Concessionaire".
W !. T N E ! ! E ! H:
WHEREAS, City and Concessionaire entered into an agreement
on June 24, 1977 regarding amusement zone activities in Perris
Hill Park; and
WHEREAS, City and Concessionaire mutually desire to amend
said agreement to enable Concessionaire to increase prices of
confections to compensate for inflation,
NOW, THEREFORE, it is mutually agreed between the parties
hereto as follows:
1. That certain agreement by and between the parties
dated June 24, 1977, Section 4, is hereby amended to read as
follows:
"4. Payments to City. Concessionaire shall pay to City a
sum of money equal to five percent (5%) of all monies received
from the gross sales from the operation of said amusement zone
and the exercise of concession rights. Concessionaire shall, at
all times, keep accurate books of account showing all monies re-
ceived 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 reason-
able times and places. It is understood ana agreed by the parties
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1 ihereto that prior to the date of commencement of this agreement,
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2 Iconcessionaire paid ten percent (10%) of the monies received from
3 gross sales to the City. In consideration of City's reduction of
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the percentage from ten percent (10%) to five percent (5%) as
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provided herein, Concessionaire shall not increase any of his
prices for rides during the term hereof in excess of those charged
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8 Concessionaire does increase his prices for any of the rides over
9 those previously charged, then the sum to be paid to City shall
10 revert to ten percent (10%) of all monies received from gross
11 receipts in the operation of the amusement zone and from the
12 exercise of the concession rights. With respect to the prices
13 charged by Concessionaire in the exercise of his concession rights
14 pursuant to Section 3 hereof, Concessionaire shall be permitted
15 to increase his prices in order to compensate for inflation with
16 respect to the costs of the item soldl provided, however, in the
17 event Concessionaire so increases his prices for any items sold,
18 he shall, within fifteen (15) days of any price increase, notify
19 City in writing of such price increase and shall set forth in
20 said notice to City the increases in the wholesale prices of the
21 items for which he is increasing his price. In the event City
22 does not agree to the price increase, then Concessionaire shall
23 be advised by City to restore or adjust his prices. In the event
24 Concessionaire fails to so comply, then the sum to be paid to
25 City shall revert to ten percent (10%) of all monies received
26 from gross receipts in the operation of the amusement zone and
27 from the exercise of the concession rights."
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2. All other covenants, conditions, terms and provisions
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iOf said prior agreement shall remain the same and remain in full
force and effect.
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IN WITNESS WHEREOF, the parties hereto have executed this
First Amendment to Agreement on the date first hereinabove written
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CITY 0
ATTEST:
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By
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BERNARDINO
(J,
Mayor Pro Tempore
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