63-0205RESOLUTION NO. 63R- 205
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM AUTHORIZING THE AMENDMENT OF THE
AGREEMENT ENTERED INTO BY THE CITY OF ANAHEIM
AND OLIN DUTRA ON THE 3RD DAY OF MAY, 1961.
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WHEREAS, Olin Dutra has been nominated and elected to
Golfdom's Hall of Fame and much honor and prestige has accrued
to the City as a result of such election; and
WHEREAS, the gross receipts derived from the operation
of the Anaheim Municipal Golf Course have been less than antici-
pated and e'pected by the parties when said agreement was entered
into; and
WHEREAS, the burden of the possessory interest tax has
reduced the profits and the net return to Olin Dutra and such
possessory interest tax not having been contemplated by the
parties at the time said agreement was entered into;
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim that for the aforementioned reasons, and in
the interests of fairness and equity, and as contemplated by the
parties to said agreement, the agreement made and entered into in
the City of naheim on the 3rd day of May, 1961, by and between
the City of Anaheim and. Olin Dutra be amended as follows:
That Paragraph 2 of said a shall be amended to
read as follows:
"2. The Party of the Second Part agrees to pay to the
'City' a percentage of his gross receipts as follows:
5% of the gross receipts derived from his services
and the concessions until the first eighteen holes
of said golf course are completed and ready for use.
After the first eighteen holes of said golf course
have been completed and are ready for use, the
Party of the Second Part shall pay to the City of
Anaheim 6% of the gross receipts derived from the
services rendered and the concessions operated by
him under this contract, including the use and
rental of electric carts. Upon the opening and
completion of the second eighteen hole course in
said golf course, the Party of the Second Part shall
pay to the Party of the First Part 9% of the gross
receipts from said second eighteen hole course.
The fees charged for the use of electric carts shall
be reasonable and at a figure mutually satisfactory
to the parties hereto. Payment shall be made as
follows:
Beginning on 'the 5th day of the second month and
continuing thereafter on the same day of each and
every succeeding month of this contract, Party of
the Second Part shall pay an amount which is based
upon the application of the proper percentage rate to
the gross receipts realized by him for the preceding
month. At the end of each calendar year of the
contract or of the termination thereof, as herein
BE IT FURTHER RESOLVED that the provisions of Paragraph
2, as said paragraph is now stated in this amendment, shall be
effective and binding upon the parties to said agreement on and.
after April 1, 1963.
BE IT FURTHER RESOLVED that the purpose and effect of
this amendment shall extend to no other provisions of said agree-
ment other than to those herein referred to, and all other pro-
visions of said agreement are now and shall continue to be, after
April 1, 1963, in effect and binding upon the parties to said
agreement.
provided, an adjustment shall be made and any re-
maining balance due to be paid to the Party of the
First Part or any overpayment be refunded to the
Party of the Second Part. A final payment shall
be made to Party of the Second Part not later than
one month after the end of the agreement or sooner
termination thereof. It is agreed that the 'City'
acting through its Finance Officer, or other duly
constituted agent, shall have the right to audit
the books of Party of the Second Part at the end
of any calendar month and at the end of any calendar
year of this agreement.
As used in this agreement, the term 'gross receipts'
shall mean all money realized. by Party of the Second
Part from the operation of any business or concession
at the Municipal Golf Course but shall not include
personal prizes received by Party of the Second Part
from tournament play or fees received for golf in-
struction.
AND BE IT FURTHER RESOLVED that the Mayor and City Clerk
be, and they are hereby, authorized to execute said amendment for
and on behalf of the City of Anaheim.
THE FOREGOING RESOLUTION is approved and signed by me
this 19th day of March 1963.
ATTEST:
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CITY CLERK OF THE CITY OF ANAHEIM
2
YOR OF THE 'IT OF ANAHEIM
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. 63R -205 was
introduced and adopted at a regular meeting provided by law, of
the City Council of the City of Anaheim, held on the 19th day of
March, 1963, by the following vote of the members thereof:
AYES: COUNCILMEN: Dutton, Chandler, Schutte, Krein and Coons
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
AND I FURTHER CERTIFY that the Mayor of the City of
Anaheim approved and signed said Resolution No. 63R -205 on the
19th day of March, 1963.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the official seal of the City of Anaheim this 19th day
of March, 1963.
(SEAL)
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OF THE CITY OF ANAHEIM