66-298RESOLUTION NO. 66R -298
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AUTHORIZING AN AMENDMENT
TO THAT CERTAIN AGREEMENT ENTERED INTO ON
MAY 1, 1962 BY THE CITY OF ANAHEIM AND
STEWART COMPANY.
WHEREAS, the W. P. Stewart Co., a corporation, is the
successor to Stewart Commissaries, a corporation; and
WHEREAS, the City and Stewart Commissaries did enter
into a contract on the 1st day of May, 1962, for a period of
two years from the date thereof; and
WHEREAS, said parties did amend said agreement modify-
ing the terms of Section "Sixth" and extending the term for two
years, to expire April 30, 1966; and
WHEREAS, the parties do wish to extend the term for
an additional three years, but with additional amendments to
Sections "Tenth" and "Eleventh."
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Anaheim that a second amendment to agreement
be made and entered into between the City and The W. P. Stewart
Co. extending the term of the contract dated May 1, 1962, as
amended and extended from May 1, 1964 to April 30, 1966, for
an additional period of 3 years, to expire on the 30th day of
April, 1969, on the same terms and conditions as set forth in
said contract as amended in 1964, except that Sections "Tenth"
and "Eleventh" shall be amended to read as follows:
"TENTH: Concessionaire shall pay to the City not later
than the fifteenth day of each month, two per cent
(2 of the first $2,340.00 of gross sales and five
per cent (5%) on all amounts exceeding $2,340.00;
PROVIDED, HOWEVER, that the rental shall be adjusted
on an annual basis to make the annual rental at two
per cent (2 of the first $28,000.00 of gross sales
and five (5 per cent on all over $28,000.00, on
the annual basis; PROVIDED FURTHER, HOWEVER, that
should a license be issued to permit the sale of
beer by the Concessionaire on the premises by the
Alcoholic Beverage Control Commission, then the
percentages of gross sales payable to City under this
contract shall be renegotiated between the parties
to take into account the effect of the sale of beer
in the concession operations, and such percentages
shall be adjusted to percentages mutually agreeable
to both parties. Should the parties be unable to
negotiate percentages mutually saitsfactory within
thirty (30) days after the issuance of said license
to sell beer, then upon written notice by City to
Concessionaire, the contract shall terminate."
"ELEVENTH: Concessionaire shall deposit and keep on
deposit throughout the term of this contract, the sum
of One Thousand Dollars ($1,000.00) to assure faithful
ATTEST:
performance by the Concessionaire of the covenants,
terms and conditions of this contract. Should the
Concessionaire breach any covenant, term or condition
of the contract, in addition to any other remedy
available to the City at law or in equity, the City
may appropriate all or any part of said deposit to
the account of the City as may be appropriated because
of any breach, without affecting the City's remedy
except to the extent of such set -off. Such deposit
will be returned sixty (60) days following the
expiration of this contract if not appropriated to
the account of the City because of a breach of
the terms of this contract."
BE
be, and they
amendment to
THE
this 26th day
IT FURTHER RESOLVED that the Mayor and City Clerk
are hereby, authorized to execute such second
agreement for and on behalf of the City of Anaheim.
FOREGOING RESOLUTION is approved and signed by me
of April, 1966.
CI Y CLERK OF THE CITY OF ANAHEIM
ABSENT: COUNCILMEN: None
MAYOR OF THE CITY OF AHEIM
STATE OF CALIFORNIA
COUNTY OF ORANGE ss.
CITY OF ANAHEIM
I, DENE M. WILLIAMS, City Clerk of the City of Anaheim,
do hereby certify that the foregoing Resolution No. 66R -298 was
introduced and adopted at a regular meeting provided by law, of the
City Council of the City of Anaheim, held on the 26th day of April, 1966,
by the following vote of the members thereof:
AYES: COUNCILMEN: Dutton, Pebley, Schutte, Chandler and
Krein
NOES: COUNCILMEN: None
AND I FURTHER CERTIFY THAT THE MAYOR OF THE CITY OF
ANAHEIM approved and signed said Resolution No. 66R -298 on the
26th day of April, 1966.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the official seal of the City of Anaheim this 26th day of
April, 1966.
SEAL)
I, DENE M. WILLIAMS, City Clerk of
that the foregoing is the original
adopted by the Anaheim City Counci
C I
CLERK OF THE CITY OF ANAHEIM
the City of Anaheim, do hereby certify
of Resolution No. 66R -298 duly passed and
on April 26, 1966.
City Clerk