SR-04-24-1979-6OAgenda Item 6 -0: Presented at this time was a recommendation for
assignment of lease of two beach concessions at 810 Pacific Coast
Highway and the 900 block of Pacific Coast Highway from David A.
Mittleman, dba Arena Enterprises, to Nancy Lindsey. A member of the
public, Alison D. S. L. Arnold, requested that the existing nondiscrimi-
nation clause in City concessionaire leases include as well a statement
against discriminating because of sex, ancestry and age. Mayor Pro
Tem ore Ree moved to approve the assignment of two beach concessions
Concession d Agreement No. 2165) at 810 Pacific Coast Highway and the 900
block of Pacific Coast Highway from David A. Mittleman, dba Arena
Enterprises, to Nancy Lindsey by award of Contract No. 3212(CCS). Second
by Councilmember Jennings.
Council Vote: Unanimously approved 7 -0
City Council Meeting - April 24, 1979
Santa Monica, California, April 11, 1979
TO: Mayor and City Council
FROM: City Staff
SUBJECT: Request for Approval of Assignment APR 2 4 Ig7.9
Beach Concessions
Introduction
This report recommends that the two City -owned beach concessions currently
being leased to David A. Mittelman, dba: Arena Enterprises and located at
approximately 810 Pacific Coast Highway, commonly known as "Sorrento ", and
in the 900 block of Pacific Coast Highway on Santa Monica State Park, be
assigned to Nancy Lindsey, 1444 - 15th Street, Santa Monica, California.
Background
Nancy Lindsey is the current sub - lessee of two City -owned shops located in the
1100 and 1200 blocks of Pacific Coast Highway, doing business as Nancy's Pizza.
Prior to subleasing these shops, Ms. Lindsey was an investor in and manager
of the subject concessions for approximately two years, and maintained and operated,
same in a credible and businesslike fashion. Response from a list of her creditors
was excellent.
Lease Terms
The subject concessions are covered in Concession Agreement #2165 (CCS) between
the City of Santa Monica and David A. Mittelman. The agreement, commencing on
April 1, 1975, and ending December 21, 1981, allows for the sale of food products
from the two concession stands, with a minimum monthly rental fee of $500 per
stand or site, paid in advance as follows:
$1,500 for each stand or site, payable on the 1st day of each of the
months of May, June, July and August of each year; plus 25,% of total
APR 2 4 1975
T0: Mayor and City Council
-2-
April 11, 1979
gross monthly receipts in excess of $1,960.78 on each stand or site.
Gross receipts are estimated to be $50,000 annually. All utilities, equipment
and furnishings and installation costs thereof are the responsibility of the
concessionaire. The quality of foodstuffs is regulated by the City, and the sale
of intoxicating liquors is prohibited.
Appropriate Lease Sections
Section 25 -- "Lease Transferral"
Concessionaire shall not assign or transfer this Concession Agreement or any
interest therein by operation of law or otherwise, without first obtaining the
written consent of the City to one such assignment, transfer, by the City shall
not authorize such action by Concessionaire, his successors or assigns in the
future. It is understood, however, that the City will not withhold its consent
to any assignment, transfer by Concessionaire without reasonable cause thereof.
Exhibits
Exhibit A - A request for lease transfer from the current concessionaire,
David A. Mittelman,
Exhibit B - A copy of the intended transfer agreement between David A. Mittelman
and Nancy Lindsey.
Exhibit C - Concession Agreement #2165 (CCS)
Alternatives
The following alternatives may be considered by Council:
1. To deny the request for assignment and maintain current lease.
2. To approve the assignment of Concession Agreement #2165 (CCS) to Nancy
Lindsey.
T0: Mayor and City ouncil
-3-
Recommendation
April 11, 1979
It is recommended that the City Council approve Alternative No. 2, to approve
the assignment of Concession Agreement #2165 (CCS) to Nancy Lindsey of 1444 - 15th
Street, Santa Monica, California.
Prepared by: Mary B. Ross
Dept. Admin. Assistant
Recreation & Parks Dept.
Exhibits
FOOD CATERERS & CONCESSIONAIRES
208 South Mission Drive
Fullerton, California 92631
Telephone(714) 526 -2801
April 4, 1979
City of Santa Monica
Attn: -Dir. Rec. & parks
City Hall 1685 Main St.
Santa Monica, Ca. 90401
Dear Mr. Arnett:
In accordance with item ,#25 of our Concession Agreement with
"the City of Santa Monica, be advised that we wish the ,mitten
consent of the City to transfer the Concession Agreement we
now hold to Nancy Lindsey 1444 15th Street, Apt. 4 Santa Mon-
ica, Calif.
As requested by your office, we are enclosing a copy of the
Sales Agreement which is contingent upon the approval of the
City.
Very truly ours,
d A: i ityteman
ARENA ENTERPRISES
dm /g
encl -1 - sa /zs 193 1 e� w ew-}-
zl�'d
107 Nc,,Hc7 f) 14&vy Ross
v
v
CD -'
U v�
TRANSFER AGREEMENT
EXHIBIT B
April 16, 1979
We do hereby assign and set over to)Nancy Lindsey all of our right,
title and interest in and to the Concession Agreement dated June 13,
1975 between the City of Santa Monica and David A. Mittelman (dba
Arena Enterprises) subject only to the approval of the assignment
by the City of Santa Monica.
Nancy Lindsey hereby agrees to be bound by all the terms of the
Concession Agreement dated June 13, 1975 between the City of Santa
Monica and David A. Mittelman (dba Arena Enterprises), and Nancy
Lindsey agrees to hold David A. Mittelman (dba Arena Enterprises)
harmless from any and all claims which may arise after the date of
transfer.
Accepted by
Nancy ndssey
Accepted by
. & � �' z d, - I � _ec_
David A. MitteldAn
ARENA ENTERPRISES
The assignment of the above described Concession Agreement from
David A. Mittelman (dba Arena Enterprises) to Nancy Lindsey is
hereby approved by the City of Santa Monica.
APPROVED AS TO FORM:
City Attorney
EXHIBIT C
a k J CCS
CONCESSION. AGREEMENT
3 -A
THIS AG.REL i'c::T entered into this day of X.I,,. ,
1975, by and between the CITY OF SANTA MONICA, a municipal corporation,
I re Ferred to as CITY, and David A. Mittelman hereinafter
ba Arena Enterprises
.referred to as CONCESSIONAIRE.
61ITNESSETH:
IN CONSIDERATION OF THEIR MUTUAL COPENAI^i.S AND CONDITIONS.
THE PARTIES HERETO AGREE AS FOLLOWS:
1. DEFINITIONS:
For the purpose of this agreement, the following words
and phrases are defined and shall be construed as hereinafter set out
unless it shall be apparent from the context that a different meaning
is intended:
"City" shall mean the City of Santa Monica -
"Council" shall mean the City Council of the
City of Santa Monica
"Department" shall m ^an the Department of
Recreation and Parks of the City of
San ra Monica
"Concessionaire" shall mean the person, firm,
or corporation to whom the City grants a
license to operate a refreshment concession
2. TERM AND LIMITATION OF CONCESSION
The City pursuant to the authority granted to it by
the State of California in that certain Agreement No. 929 (CCS)
by and between. the City of Santa Monica and the State of California
dated December 21, 1956, as amended, and subject to the conditions
contained in said Agreement, as amended, hereby grants to Concessionaire
upon each of the covenants and conditions set forth herein for the
per Lod commencing on April 1, 1975 and ending December 21, 1981,
subject to cancellation as hereinafter provided by Section 30, all
that certain right, privilege and concession, to operate a refreshment
concession an that certain real property located in the City of Santa
Mcnica, Court; of Los Angeles, State of California, described as follos7s:
(a) The site located at approximately 810 Pacific Coast
Highway, conr,only known as "Sorrento" and the premises located in
the 900 block pacific Coast 1q,hway on Santa `'Monica State 2,-,r!c
�nd acea .._cLudad ,onc Asa _on
� I
.,, and dascribed in Exhibit A (outlined in brown).
The products Concessionaire shall dispense are food products,
including ice cream, candy and gam, soft drinks, including coffee, milk
and tea and tobacco products, and other beach items approved in writing
by the Department Director.
3. PREMISES
The premises covered by this Concession Agreement shall
be only such as are described in Paragraph 2 above, and the Concessioa-
aire shall not use any premises or property that is not specifically
described above and herein.
4. PAYxvNT of Rau
In consideration of the rights and privileges granted
hereunder, Concessionaire shall pay the City the following rental fee
for each concession stand or site:
A minimum monthly amount of $500.00 for each stand or site,
payable in advance as follows:
A payment of $1,500.00 for each stand or site, payable
on the Ist day of each of the months of .fay, June, July
and Ac9r:st of each year
plus 255% of total gross monthly receipts in excess of $1,900.78 on
each stand or site_
Concessionaire shall furnish to the City by the 20th.day
of each month of the term hereof, and upon the 20th day of the month,
next following the end of the term, a sworn.or verified statement
of its total gross monthly receipts as defined herein for each stand
and site through the close of the preceding month. With such monthly
statement, the Concessionaire shall remit to the City the total for
all stands and sites of the above stated percentage of its monthly
gross receipts for each stand and site derived through the end of the
precedin-- calendar month.
Concessionaire shall keep true and accurate records and
books showing all of its business transactions, and the City shall have
the right through its representatives, and at all reasonable times, to
inspect such books and records, including State of California sales
tax return records; and Concessionaire hereby agrees that all such
records and instruments are available to the City.
Concessionaire agrees that as part of its record - keeping
(2 )
I
actLV ity it shall a[ its o<,n cost and expense install and maintain such
cash register equipment as may be deemed necessary by the Director of
Recreation and Par'" . Such cash register equipment shall be equipped
with an automatic non- resettable group total and provide a receipt which
shall be given to the customer.
Payments to the City shall be made to the order of the Cit
of Santa Monica and made at the office of the Director of Finance, City
Hail, 1685 Main Street, Santa A.onica 90 -:01_
The tern "gross receipts ", wherever used in this contract,
is intended to and shall mean all monies, property or any other thing
of value received by Concessionaire through the operation of said
concession, or from any other business carried on or upon said premises
or any portion thereof, or from any other use of said premises or any
portion thereof by Concessionaire, without any deduction or deductions;
it being understood, however, that. the term "gross receipts" shall not
include any -sales or excise taxes imposdd by any governmental entity
and collected by Concessionaire.
(a) in the event of failure of Concessionaire to pay the
consideration provided herein within the time specified, or in the
event of breach of any of the terms, conditions, or covenants contained
herein by Concession _e, City shall have the right to terrinate this
Agreement on giving to Concessionaire a 10 day written notice to
correct such default or breach and in the event Concessionaire fails
to do so, City shall have the right to re -enter and occupy the premises
and remove all persons and property therefrom provided, however, that
any re -entry or repossession of the premises by the City shall not
operate to release Concessionaire from any obligation under this
Agreement.
(b) In the event City is required to bring any action at
law or equity to collect the payment of any consideration due here-
under or to enforce any of the terms or conditions of this Agreement,
Concessionaire shall reimburse the City for such costs as may be incurred
in the bringing of such action, including reasonable attorney's.fees.
5. EOCIPNIEN'T
All equipment and furnishings and the cost of their
installation shall be provided at the sole expense of the Concessionaire,
and all such equipmant and its Lnstailation shall be subject to the
approvaL of the Cepartment. Concr_ssi.cna_re shall furnish a list of -
(3)
all _urnLshLnlls and equipment so tostatied and those_ items furnished by
Concessionaire_ shall be deemed his own personal property and may be
.emoved by Concessionaire at the to r:in=_tion of this Concession
Agrae - -ent. Removal of any "`urnishings or equipment shall be first
approved by said Recreation and Parks Department Director.
No furnisher
or fixture installed in sech a manner as to become part of the building
shall be removed.
6. UTILITIES
The Concessionaire shall pay all charges for fuel, -as,
water, electricity, and telephone service necessary to carry on the
operations of Concessionaire.. _
7- FOOD, BEVERAGE, CONFECTIONERIES AND TOWICC05
All foods,.beverages, confectioneries, etc., sold or
kept for sale by the Concessionaire shall be first -class in quality,
who?. =_some, pure, and shall conform to the Federal, State, and Aiuni-
cipal food Laws, ordinances, and regulations in all respects. -
The prices to be charged shall be uniform at all times
and seasons, and shall be equal to prices charged in similar establish-
- ments on to beach. Prices approved, by the Department shall be nosted
and -variations from sec. established prices shall be only by approval
of the Depar -, nt Director. No imitation, adulterated, misbranded,,
or impure merchandise shall be sold or kept for sale by the concession-
aires: and all merchandise kept on hand by said Concessionaire shall be
stored and handled with due regard for sanitation.. All merchandise
kept for sale by the Concessionaire shall be kept subject to the
approval or rejection of the Department Director, or his duly authorized
representatives,. and the Concessionaire shall remove from the premises
any article which may be rejected and shall not again offer it for sale
wit -out the consent of the Department Director. The Depart_:ent Director
shall :eve the right to order the improvement of the quality of any
merchandise kept or offered for sale. The Concessionaire shall not
sell or give away any unshelled peanuts or other co ,odity cahicn in
the opinion of the Department Director will cause undue Litter around
the area or under the control: of the City. ALL beverages shall be
d'csp_r.sed in n =per containers. The s-21-- of into*<icat,n � .iquprs,
_ncludin-- beer and vine is prohibited.
The grada shall be stac--rd, or better; shall be patCias
to the pound and shall include shanks, flank trimm inns - from strip
loin, wing off spencer roll, neck and shoulder trimmings off chuck,
shall be tri=ed free of excess fat and finished product shall not
contain more than 20% fat content; all blood clot and bloody-pieces of
..peat are excluded; shall be first ground through a plate with holes
1=z inches in diameter, then through a plate with holes 3/16th of an
inch in diameter, all beef to be ground strictly fresh and well chille
and the lean and fat cuts and pieces shall be properly mixed before
being ground so that in the ground product the lean meat and the fat
will be evenly distributed.
Weiners•
The weiners shall be all beef, seven to the pound.
8. HOURS OF OPERATION
The Concessionaire shall 'keep the Concessions open every
day from May 1 to September 15, and at times during the winter season;
at the option of the Concessionaire, - unless written - approval has been
secured from the' -
Department Director to do otherwise, and the hours of opening .and,
closing shay be subject to the approval of the Department Director.
Failure to ccmply with _e opening requirements will result in liquidate
da -ages in so acouat equal to 501 of the daily equivalent of the nonthl*,
rental for each day not open as provided in and subject to the condi-
tions of paragraph 33 of this agreement. -
9. VENDING tLACHINES - -
(a) Permission:
The Concessionaire shall first receive written
approval frog the Department Director before installing or permitting
to be installed any and all vending machines.
(b) Telephone: - The City reserves the right of rental of all public
telephone pay stations within the demised areas.
10. STANDS
No accessory stands or building for the sale of refresh-
rents shall bn_ perm fitted,
without
the erric-ten approval of
the City, and
the Concession -sire shall
confine
the business strictly to
the area set
aside by the City for such
use.
_.,_ ^_oncc_e;.onaire :..e Ll
not permit
._ndo -s to disp Ly wares
in any c,....__
inside or oltsi -de the
butldin;
oc on Che sa-E properties
unless
a .._itten pe r:..it _s -: __:t
secured pro c.
L"s City, and such permit shall be subject to revocation at any time.
11. Pi1INTENANCE
Concessionaire at his own expense shall keep said
premises in a clean and sanitary condition and upon expiration of this
Agreemant, or any extension or renewal thereof, or sooner termination
of this' Agreement, or extension or renewal thereof, shall return the
premises to the City in as good condition as they nova are, less rea-
sonable wear and tear to the contrary, if Concessionaire does not keep
the premises clean, and fails to correct any unclean or unsanitary
condition within 24 hours after being notified in writing to do so by
the City, then the City may enter premises and remedy the condi. ton, or
conditions, and charge the cost to the Concessionaire.
12. GARBAGE AND RUBBISH
No boxes, barrels, supplies or rubbish in any form shall
be kept; piled or stored outside the building unless approved by the
Department Director. The Concessionaire shall provide, in aplace to
be designated by the Department Director, standard garbage receivers
and shall place therein all Barba --e and refuse for daily collection
by City = .sees at Concessionaire's expense.
.13. 3. ALT^?'.'= viiS
Concessionaire accepts the premises in the condition
the-,, now are and the City shall not be required to make any alterations .
in ;-ovements or repairs therein or thereon, and Concessionaire hereby
waives any and all rights, if any he may have, by virtue of section 194'
of the Civil Code of the State of California. Concessionaire shall not
make any changes in, or decoration of, or alterations or additions to,
or r_ =ove any portion of the building or the equipment belonging to the
City, without first securing the consent of the Department in writing.
All such approved alterations, additions, or decorating shall be at the
sole expense of the Concessionaire.
14. SIGNS AND ADVERTISEHENTS
No signs or advertising matter of any kind shall be
displayed unless and until approved in writing by the Department
Director.
15. G-_RdD:!C
The Concessionaire shall at all times conduct his
bus in�ss or operating the concession is a cuiet and orderly manner to
(b)
the satisfaction of the Department Director so that same shall not
become nor constitute a nuisance either public or private.
16. DISORDERLY PERSO"S
The Concessionaire shall permit no intoxicated person
or persons, profane or indecent language, boisterous, or loud conduct
in or about the premises.
17. EMPLOYEES
The Concessionaire shall provide such employees as may
be required to render good service to the entire satisfaction. of the
Department. Persons so employed shall be satisfactory to the Depart-
ment as.to their personal conduct, honesty, courtesy', health, ability,
personal appearance and their willingness to cooperate with the employea
of the Department. Concessionaire shall keep said premises and every
estate, right, title and interest therein, or in or to any part thereof,
at all times during the term of this Concession, free and clear or any
mechanics'. liens, and other liens, and liens for labor, services, _
supplies, equipment, or material incurred by him, and Concessionaire
will at all, times fully pay and discharge and wholly protect and save
harmless the City on account of said liens, or claims, or assertion,.
of _iling teree_.
19. DEPART' ^fir RULES
The Concessionaire and his employees shall at all times
abide by all rules and regulations heretofore adopted or that may
hereafter be adopted by the Recreation and Parks Department of the City
of Santa Monica and all rules and regulations of the Beaches and Parks
Commission of the State of California.
19. CONTROL OF PREMISES
The City shall have full and absolute control of the.
building and all its appurtenances during the term of the Concession
Agreement and shall have the right to make such changes and alterations
therein, and in the grounds surrounding same, as may be determined by
City.
20. INGRESS AND EGRESS '
The Recreation and Parks Department, its authorized
reprasencacives, agents and employees shall have the privilege rp entcr
upon the premises covered by this Concession at any and all ren3onable
times during the term of this Concess Con. for -hL }purpose of ir.spe_:icn
(7)
aye rrai ne :; horn: r or not the Con ce_..ior,a ire is complying with the
germs- and conditions hereof, or for any other purpose incidental to
the rights of the City. Such visits by the Department, its authorized
representatives, agents, and employees are not to hinder the normal
operation of said Concession.
21. TAXES
Concessionaire shall pay all taxes upon personal
property and improvements belonging to said Concessionaire located on
said premises and upon his possessory interests, if any, to the pre-
mises and Concessionaire shall pay all sales and other taxes levied .
against the operation of said business.
23. INSURANCE
Concessionaire agrees to and shall within ten .(10) days
from the date of the execution of this agreement, secure from a good and
responsible company or companies, doing insurance business in the State
of California, and maintain during the entire terms of this lease, the
following insurance coverage-
1. Fire Insurance: Fire cad extended coverage insurance
_r an smc --nt not less than 90% of the replacement value.of
the '_eased 'building and other improvements on the leased
premises, provided that insurance in that percentage can
be obtained; and if not, then to the highest percentage of
replace ^eat -value that can be obtained less than said.90%;
2. Liability Insurance: Public liability insurance for
the death of or injury to persons in an amount.not.less
than $700,000 per person and $300,000 per occurrence, and
$50,000 for loss resulting in damage to or destruction of
property. All said coverage to include Liability for
occurrences on the premises and for products Liability.
3. Concessionaire agrees that the City of Santa Monica
and the State of California shall be named as an additional
insured on the aforenentioned policies of insurance.
4_ Subrogation Uaiver: Concessionaire agrees that in the
event of loss due to any of the perils for which it has
_-_e =_d to provide insurance, that concessionaire shall look
solely to its insurance for recovery. c�acessionaire hereby
grants to City, on behalf of any insurer providing insurance
to either Concessionaire or the City of Santa Monica on th
respecC to the demised pr'_ , a waiver of any right of
subrogacion which any such insurer of said Concessionaire
may acquire against the City by virtue of the payment of
any loss under such insurance.
5. Proof bf Coverage: On securing the foregoing coverages
- the Concessionaire shallgive the City written notice thereo
together with a certified copy of the appropriate policies.
6. Protection Against Cancellation: Proof must be given
by Concessionaire to the City, pursuant to subsection (4)
that each of the policies provided for in this section
expressly provides that the policy shall not be cancelled
or altered without thirty (30) days prior written notice
to the City
7. Failure to Secure: If Concessionaire at any time during
the term hereof, should fail to secure of maintain the fore-
going insurance, the City shall be permitted to obtain such
insurance in the defaulting party's name, or as an agent of
the defaulting party and shall be compensated by the .
defaultttrg party for the costs of the insurance premiums.
Defa%ting pties shall pay the City interest on paid
insurance premiums at the rate of Ten (107) Percent per
annum computed from the date written notice. is received
that the premiums have been paid-
23. LA'S'S AND ORDINANCES
Concessionaire shall conduct his business in accordance
with all the laws, ordinances, rules and regulations applicable to
such business, as set forth by the City, County, State, and the Federal
Government, and Concessionaire shall not use said premises nor any part
thereof, nor permit them to be used, for any purpose or purposes other
than those. specified in this Concession Agreement.
24. PEMITS AND LICENSES
The Concessionaire shall be required to obtain any and
all permits or licenses that may be required in connection with the
operation of the Concession for food, beveraes, confectioneries, and
tobacco products.
(9)
. 25. TRA_NSeER,2AL
Concessionaire shall not assign or transfer this
Concession Agreement or any interest therein by operation of law or
other:•ri se, without first obtaining the written consent of the City
to one such assignment, transfer, by the City shall. not authorize
such action by Concessionaire, his successors or assigns in the future.
It is understood, hot-lever, that the City will not withhold d its consent
to any assignment, transfer by Concessionaire without reasonable cause
thereof.
26. WAIVERS
A waiver by the City or any breach of any term, covenant
or condition contained herein shall not be deemed to be a waiver of any
subsequent breach of the same or any other term, covenant, or condition
contained herein whether of the same or a different character.
27. HOLDOVER
Any holding over by Concessionaire after the expiration
or any termination of this Agreement or by any extension or renewal
thereof shall not constitute a renewal or extension o£. the term hereof
which shall constituta only a tenancy from month to month upon the
terms and conditions contained herein. tinder no conditions may this
be held over beyond December 21, 1981.
28. LIEN
The City shall have a lien upon and against all personal
property belonging to Concessionaire and used in connection with said
Concession to secure the payment of any and all sums due to the City
under and pursuant to the terms of this Agreement.
29. NOTICES
Any notices to be given under the provisions of this
Agreement shall be mailed to the City: Attention: Director of
Recreation and ?arks, City Hall, 1685 Main Street, Santa Monica 90401;
and to Concessionaire David A. Mittelman dba Arena Enterprises
o, �hss ion rive, Y'ul 2r on, a. o
All notices shall be addressed properly and have the postage prepaid
thereon in order to comply with the terns of this Agreement.
30. TEP (IV4TIOV
City shall have the option, upon failure of Concessionaire
to pe- r:o-.' any cover.3nc o- condition, to te=ninate this Agraecnov: by
giv in 24 hours written rp lice of its intention so to do.
(l0)
31. FiO L`� Pa R?ILCSS '
Concessionaire will hold City and its officers, agents
and employees harmless from any and all claims for damage alleged to
ha-ve resulted from the construction, modification or operation of this
Concession.
-- 32. i ONDISCCREHINNATION • .
(a) The Concessionaire and his employees shall not
discriminate because of race, religion, color or national origin
against any person by refusing to furnish such person any accom-
modation, facility, service or privilege offered to or enjoyed by
the general public. Nor shall the concessionaire or his empL: -=_ =_s
publicize the accoamodati.ons, facilities, services or privileges
in any manner that would directly or inferentially reflect upon
or question the acceptability of the patronage of any person because.
of race, religion,, color or rational origin, all subject to reason-
able orders of the Director of General Services. -
(b) In the performance of this contract, the .
Concessionaire wil not discrimin=ate against any employee or appli-
cant for employ--ant because of race, color, religion, ancestry,
i
or national origi =. T -e Concessionaire will take affirmative action
to ensure that applicants are employed, and that employees are
treated during employment, without regard to their race, color,
religion, ancestry, or national origin. Such action shall'include,
but not be limited to, the following: Employment, upgrading, -de-
motion or transfer; recruitment or recruitment advertising; layoff
or teraination; rates of pay or other forms of'compensation; and
selection for training, including apprenticeship. The Concessionaire
shall post in conspicuous places, available to employees end appli-
cants for employment, notices to be provided by the State setting
forth the provisions of this Fair Employment practices secti.on.--
The Concessionaire will permit access to his records of
employment, employment advertisements, application forms, and
other pertinent data and records by the State Fair Employment Prac-
tices Corm ission, or any other agency of the State of California
(LL)
-s�)ose or roves__
^,�tion to ascertain compliance with the Fair Employment Practices
section o£ this contract.
(c) Remedies for Uillful Violation:
(1) The State may determine a wil Lful violation
OF the Fair EmployM- -nt Practices provision to have occurred uoon
eceipt of a final judgment having that effect from a court ir, as
action was a party, or upon receipt of a
asitten notice from the Fair Employ -meat Practices- Co_Taission that
it has investigated and determined that the Concessionaire has
violated. the Fair Employment Practices Act and has issued an order,
under Labor Code Section 1426, which has $ecome final, or obtained
an injunction under Labor Code Section 1429. -
(2) The State will have the right to terminate
this contract, and any loss of revenue sustained by the State by _ -
.reason thereof shall: be borne and paid for by the Concessionaire."
33- LTOULDATiON DAIIAGES
With regard to the breach of any condition of this .
'reement, concessicczire agrees that it would be impracticable or
e-t_emely di°ficulc to fix actual damages, and therefor concessionaire
es that upon ifts breach of any condition it will pay to the City as
liquidated damages and not as a penalty, a sum equal to Fifty (50%)
Percent of the daily equivalent of the monthly rental for each day
that the breach is not remedied. -
.. _ 34'- APPROVAL BY STATE-
- Both the Concessionaire and this Concession Agreement are subject to the approval of the Director of Parks and Recreation,
-
State of California, pursuant to the provisions of the Agreement
referred to in paragraph 2 hereof.
I
- y� Agreameat
to be c:xecut�d this day and year first above erritten_
ATTEST:
City Clark
APPROVED AS TO PORNI:
n
,p
.,CYty ttOrney
STATE OF CALIPORN:A- RESOURCES AGEUCY
By —
DEPAR -ME \T 07' lCtCMIITION AND PARKS
I '.xrtoy =edify that A ec &'kns for
p:iw set 10,th ie Shle RLcrm,t:a ^;e
A awi Section 1209 hev: teen ^uaikn
al] WS dewnert is t hen:
.. tv the Degatrent nlc l -..:
(13)
CITY OF SANTA MONICA,
a municipal corporation, -
J
By
City *tanager
(CITY)
CONCE IONAIRE � T
T res' .
5.���
City
�o, 71
Te epnone -