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SR-05-05-1977-11BCA RLK:SIS:jak 5 -4 -77 �, �:1� �. � Santa Monica, California May 5, 1977 TO: Mayor and City Council FROM: City Attorney SUBJECT: Purchase and Lease of Merry -Go -Round Introduction This report transmits the attached Agreement for Purchase of the Merry -Go -Round at the Santa Monica Pier, together with a Lease of the same to George Gordon Enterprises. The City Council authorized the purchase of the Merry -Go- Round and the development of the Lease at its meeting of February 22, 1977. Background The Agreement for the Purchase of the Merry -Go- Round provides that the City purchases both the Merry -Go- Round and the Band Organ, together with accessory equipment, supplies and material for use in the maintenance and operation of both. The Agreement further calls for the payment of $20,000 a year for a period of 5 years to George Gordon Enterprises, a total of $100,000. Funds for the 1977 payment are provided for and available in the pier revenue accounts in the budget for the current fiscal year. The Lease provides for a 120 day term, with automatic extension periods of 30 days after the expiration of the initial 120 days. The Lease can be terminated by the City -1- MAr i o 19?p CA RLK:SIS:jak 5 -4 -77 after the initial 120 day term by giving the Lessee 30 . days written notice. Other provisions for termination are similar to those contained in the standard pier lease form. The Lease provides for the greater of a minimum monthly rental at $856 per month, comprising the base rental on the Merry -Go- Rotund structure, or a percentage rental of 12% accumulative gross sales attributable the Merry -Go- Round and 15 %. accumulative gross sales attributable to all other activities conducted on the premises, including pinball and other machines. The amounts computed as minimum monthly rentals were computed as follows: Using 1975 as a base year (as was done with all other pier leases) the annual gross revenue from the pinball machines was $58,226. The annual gross rental from the Merry -Go -Round operation at $.40 per ride was $31,795. To arrive at the minimum monthly rental, 90% of these two gross amounts was computed and then divided by 12 to arrive at a monthly gross revenue, which became the projected monthly gross, on an adjusted basis. Additionally, the projected monthly gross for the Merry -Go -Round was adjusted because of the reduction in the fares to be charged. Then, the applicable percentages (15% for pinball and other operations, 12% for the Merry -Go- Round) were applied to the projected minimum monthly gross to arrive at the base minimum.monthly rent. Based upon established performance, coupled with an assumption of greater Merry -Go -Round use at a lower fare, _2_ CA RLK:SIS:jak 5 -4 -77 an annual projected revenue to the City under the attached Lease is $13,000. This figure was arrived at by applying the lease percentage figures to. established gross income figures on an annual basis. Alternative Solutions Not applicable. Recommendation It is respectfully recommended that the City Council approve the attached Agreement for Purchase of the Merry-Go- Round and the attached Lease and authorize the City Manager to, execute the same and authorize the required purchase payments. Prepared by-, Richard L. Knickerbocker, City Attorney Samuel I. Streichman, Assistant City Attorney -3- Reference: Contract No. 2310 (CCS)