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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