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SR-08-14-1979-6FSanta Monica, Cal' )rnia, July 23, 1979 TO: Mayor and City Council FROM: City Staff AUG 1 4 1979 SUBJECT: Request for Approval of Sub -Lease Beach Concessions Introduction This report recommends that the current sub -lease held by Nancy Lindsey of 1444 15th Street, Santa Monica, California, of two City -owned beach concessions located in the 1100 and 1200 blocks of Pacific Coast Highway and leased by John Altamura and Harold Frank, dba: Zeppy's Pizza, be transferred to N & J, Inc., a corporation formed of Nancy Lindsey, a current sub - lessee, and Joe Steinman of 12041 Huston Street, North Hollywood, California. Background Nancy Lindsey was granted Contract No. 3140 (CCS) Exhibit A, Sub - lease of Contract No. 2166 (CCS) Exhibit B, by City Council during session on December 12, 1978. She has continued to operate in a credible and businesslike manner. Joe Steinman, past vice president of Box Office International, is current president of Joe Steinman Enterprises Ltd. and president of Essex Distributing. Joe Steinman Enterprises Ltd., is a management /holding company for investments of Essex Distributing and Joe Steinman, personally. Investments include theaters' in New Orleans and Atlanta, real estate in California and Arizona, a film inspection and shipping company, an egg ranch, and diversified investments in fast food establishments. Response from a list of creditors was excellent. Personal and credit information is attached in Exhibit C. Lease Terms Lease terms for the subject concessions are covered in Concession Agreement #2166 R AUG 1 4 1979 T0: Mayor and City C, ,icil -2° July 23, 1979 (CCS) between the City of Santa Monica and John Altamura and Harold Frank, The agreement, commencing April 1, 1975 and ending December 21, 1981, allows for the sale of food products from the four concession stands, with an original monthly payment of $1,700 for each stand payable in advance on the first day of the months of May, June, July, August and September of each year. A Consumer Price Index adjustment is made yearly. The current adjusted rate is $2,259 per stand, paid as described. The concessionaire furnishes equipment and pays all utilities. 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. The City shall not authorize such auction 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. Alternatives The following alternatives may be considered by Council: 1. To deny the request for transfer of sub -lease and maintain current sub - lessee only. 2. To approve the attached sub -lease arrangements. T0: Mayor and City Cc_..cil -3- Recommendation July 23, 1979 It is recommended that the City Council approve Alternative No. 2, to approve a transfer of the current sub -lease (Exhibit D) of two City -owned beach concessions located in the 1100 and 1200 blocks of Pacific Coast Highway to be sublet to N & J, Inc., a corporation formed of Nancy Lindsey of 1444 - 15th Street, Santa Monica, California, and Joe Steinman of 12041 Huston Street, North Hollywood, California. Prepared by: Mary Ross Dept, Admin. Assistant Donald T. Arnett, Director Recreation and Parks MR: DTA:pp Attachments CONCESS:0� r.G== .rS\ � ^• (C �f "- Ai.- REE:`�J..•_ e n t e r e d into this - j� day of _ 7:i, u , e:, be tc.,zen the CITY OF SANTA M01,1ICA, a municipal corporation, a= er re T ,;o n Alt= -antra and I'. "._E_�R s -t_., referred t0 as CITY, and here inaf to aro -c tranti nca eppys c,: _d to _s CO-CE SS:EO ; IT . T•;IT_.LSSE'TH: ii; CONSIDE °ATION Or THEIR `•FUTLAL CO E �a \TS AND CONDITIONS ,`LE PARTIES HERETO AGREE AS FOLLOWS: 1. DEFINITIONS: For the pllrDOse of this agreement, the following :•IordS and phrases are defined and shall. be construed as hereinafter set out Unless it shall be apparent from the context.tha.t a different meaning is intended: - - - "City" shall mean the City of Santa Monica "Council" shall mean the City Council Of the 0T C�J Of Santa 'Monica 91De_ argent" shall mean the Department of and Parks O?• the City Of Santa Monica "Co. Ces =C•na ire" shall -mean the person, fti- -..F,- - or corporation to Whom the City grants a license to operate a refreshment concession 2. TER`AND LT ?, TA%T ON OF CO ?YCESSIQA+ 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 Conc=ssi Onaire upon each of the covenants and conditions set forth herein for the period co= encinj on April 1, 19?5 and ending December 21, 19 812 Subject to cancellation as here,rna =ter provided by Section 30_ all that certain privilege and concession to opr -ra1 -e a -rCfre S17 :. ^nt C6�CiSSlOi: C.Cr ..E`.iat certain real property =- i - �� Ioc�tec in i_ C'ty oL Santa Monica, COL *:l�-f of LOS Liftoe':?3= State of California, C�SCr:. `Jed as folic'..;-: i One eac _rj in the ,/_z; _-z-y of tk^ 1100 and 1200 biccks LP-acl�ic Coast and cr.e eac'-t in the 2=00 and 2500 blccks of the Promenade on Sa^tc _£onica State .D2-k and the area included in this Concession Agree - -en_ is sho ;� and described in E_:hibit A (outlined an brown_). -he products Con ss_zma =ra shall d ,s2 ends are food oroducts, �_.c l �a =n g =Ce craam,, candy and sr" ,= sort: er inks, l mciu-Hu co =.tee, milk and --ea and to'oacclo p =OduCrs, and other beach it=ems approved in writing b;= to Department Directcr. 3. PP,= `•rr._S The premises covered by this Ceucessloa Agreem=ent shall be only such as are described in Paragraph 2 above, and the Concession- air-- shall not use any premises- or property that is not specifically described above and herein_. 4_ - .PA)�%ETT OF RE\'T . In consideration of the rights and privileges granted hereunder, Ccncessiona ire shall pay the City the following rental fee J' for eecn cCicess -oM stnlc_ A monthly payment of $1,700.00 for each 5 =Zv. stand, payable month_, y advance on the lst day.oi each of the months of .•ia-V. 7 ze, :7uly, =-:d September -of each year, a total annual payment adjus=ent: Adjustments to z1he annual rent.: shall be wade zfay 1St, of- each ar_niversay of the cc =encement of this agreement_ Rates for ea::'.' ^nsuin.g one -y2ar period ,Jill be adjusted by the percentage of , increa3a or decrease in the cons=ers price index (.for urban iaage - earners and clerical workers, 1967 = 100) for-Los Angeles, Califorr_ia published by the U. S. Department of Labor, Bureau of Labor Statistics,:; said percentage shall be co_puted on the consumer price index (all ite*as) for the 12 ,month period frog February I of t-he preceding year./ to February 1 of each anniversary year. Adjustments shall becomes effective May Ist, of each successive year. Payments to the City shall be made to the order of the City of Santa Monica and made at the office of the Director of Finance, City tall, 1085 Main Street Santa Monica 90401_ (2) f (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 terns, conditions, or covenants contained h--re 5n by Concessionaire, City shall have the right to terminate this A -e..Men on g1%11-n.- to Concessionaire 2 IQ day written notice t0 correct such default or breach and in the event Concessionaire fails to do so,, City shall have the right to re -enter and occupy tae 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 iron any obligation under this Agreement (b). In the event City is required to bring any action at law or ecuity to collect the payment of any consideration due here - under or to enforce any of the ter -ris or conditions of:this Agr °emant, Co :cessior:aiYe S'-all -- _i=burse the City for such costs as _ - ay be incurre' sT_ . ^_ acClon, including ng reasonable attorney es: fees. ec=-I -cent and furnishings and the cost of their installation shall be provided at the sole expense of -the Concessionaire and all such ecL' iFment and its installation .shall be subject to tune annY:lZTa'L of the Depa rt -tent. Concessionaire:: shall fLrnisn a list of all nirnishings and equip -ment so installed and thcse itens furnished by CO ^CeSS ion2lre Shall be deemed his own personal property and may be _'e- 'oved by CO.nc-asSLOnaire at the tera Lnation of this Concession rL cement. Removal of any furnishings or equipment' shall be first approved by said Recreation and Parks Department D= rector. No furnishing or fixture installed in such a manner as to become part of the building shall be removed. 6. UTIL +_TIES The Concessionaire shall pay all charges for fuel, gas, water, electricity, and telephone service necessary to carry on the operations of Concessionaire. 7. FOOD, BEV= GE, CO ECTIO�'RIES AN TOE�CCOS All foods, beverages, confectioneries, etc_, sold or kept for sale by the Co.cessionaire.shall be first -class in quality, wholesome, pure, and shall conform to the Federal, State, and Muni -: ciaal food laws, ordinances, and regulations in -all respects. The prices to be charged shall be -aniforn at all times andr 5ea$O;;S, and e equal to prices charged in similar establish- . cents on _ e be=_ch_ PriCES approved �y the Depar ent shall be posted an car <at_oc.s s-_cb_ established Y Y PP-oval prices shall be only b approval _ - . Cf the Depart=ent Director. No imitation, adulterated, misbranded, Or impure �arc.n ndise shall be sold or, kept for sale by the .concession -. wires, 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 Without the consent of the Department Director. The Department Director shall have the right to order the improvement of the quality of any merchandise kept or offered for sale, The Concessionaire Shall not . sell or. give a. ay any unsh-21 peanuts or other co.. - - Lty � hich in the opinion Of the Department Director will cause undue litter around the area or under � of t_._ control the City. All beverages shall be dL5 �� ^sed in paper Con-- ainars. T'hc Sale of ill COST eatino 1i.0 I_'1ipro b°_cr and ?TLne, LS prohibited. - 1J l_ ^., :ling off S72.7t,= _011, nec _ and shoulder tr L.rnminSs Off c1nuck, o=1t be tr L=2c:I =rte o: e_<__SS Tat and f= RLSaed TL7r0 duC `t shall not contain' more t::a:'i Dl Eat coat =—n- -; all blood clot and 'blood"? ­pLeces of teat are avcluaed; shall be first ground through a plate with 'roles l y 1' inches in diam =_ter, then rough a plate with holes 3116th of an inch in diameter, all .ieef to be ground strictly 'fTa52: and C +'e7.1. C%1illEdI and tie lean any Tat Cuts and pieces shall be praperly ^LY_d before CeLR� -round so that in ti:e -round product the lean Bleat and the fat. Will be.evenly distributed. Weiners: The weiners shall be all beef, seven to the pound. 8. HOTi-2,S OF OP= iZATION The Concessionaire shall (keep the Carlcessions open every 6117 =r0%. tSa ;`. 1 to September l5, and at;!t:LM °s duri .Q the - winter season., • J • J 2t the option of the Concessionaire, unless - written approval has been secured fr the Depart: ant �irectQr do otherwise, and the hours of opening and closing shah be si jacz to the approval of the Department Director_ F• _ "__e tQ C^. ^fly ,,itT"' ° opening ieC'?irement3 will result in 12QLidate6 e_ual to 507 of the daily equivalent of the monthly rental for each eay ^at open as provided in-and s- object to the condi- tLc)7, 0f parfl�ra= ? >j Qi this �+2 oT2ei?lEn t. 7 �I ND_N (a) Permission: The Concessionaire shall,firs't receive written approval from tae Department Director before installing or parnitting to be installed any and all vending machines. (b) Telephone: Tie City reserves the right of rental of all public telephone pay stat=ions within the denised areas. 10. S TA N DS NQ accessory stands or building f.=_ the sale of refresh- ments shall b_ per^i teed, Grit out the written approval of the Ci -y, and the (- .oncessionaire sadl_ con fine_ the busir -cess St_LCtly to the arca set asice oy to C: [:I; Ior S'li;n _se_ The ConcesSLona'ire shall not p rm vendors to display wares in any manner inside cnc outside the buildin` or on the sa Ld - properties unless a written p•2^:= is first secured =port (5) - c ll be standard, o= better; s:_alt be patties T ,e sha soap ; Rciuce shan'__cs, flan tr= ngs fret strip s L.c .Q the po:_r.d and 1J l_ ^., :ling off S72.7t,= _011, nec _ and shoulder tr L.rnminSs Off c1nuck, o=1t be tr L=2c:I =rte o: e_<__SS Tat and f= RLSaed TL7r0 duC `t shall not contain' more t::a:'i Dl Eat coat =—n- -; all blood clot and 'blood"? ­pLeces of teat are avcluaed; shall be first ground through a plate with 'roles l y 1' inches in diam =_ter, then rough a plate with holes 3116th of an inch in diameter, all .ieef to be ground strictly 'fTa52: and C +'e7.1. C%1illEdI and tie lean any Tat Cuts and pieces shall be praperly ^LY_d before CeLR� -round so that in ti:e -round product the lean Bleat and the fat. Will be.evenly distributed. Weiners: The weiners shall be all beef, seven to the pound. 8. HOTi-2,S OF OP= iZATION The Concessionaire shall (keep the Carlcessions open every 6117 =r0%. tSa ;`. 1 to September l5, and at;!t:LM °s duri .Q the - winter season., • J • J 2t the option of the Concessionaire, unless - written approval has been secured fr the Depart: ant �irectQr do otherwise, and the hours of opening and closing shah be si jacz to the approval of the Department Director_ F• _ "__e tQ C^. ^fly ,,itT"' ° opening ieC'?irement3 will result in 12QLidate6 e_ual to 507 of the daily equivalent of the monthly rental for each eay ^at open as provided in-and s- object to the condi- tLc)7, 0f parfl�ra= ? >j Qi this �+2 oT2ei?lEn t. 7 �I ND_N (a) Permission: The Concessionaire shall,firs't receive written approval from tae Department Director before installing or parnitting to be installed any and all vending machines. (b) Telephone: Tie City reserves the right of rental of all public telephone pay stat=ions within the denised areas. 10. S TA N DS NQ accessory stands or building f.=_ the sale of refresh- ments shall b_ per^i teed, Grit out the written approval of the Ci -y, and the (- .oncessionaire sadl_ con fine_ the busir -cess St_LCtly to the arca set asice oy to C: [:I; Ior S'li;n _se_ The ConcesSLona'ire shall not p rm vendors to display wares in any manner inside cnc outside the buildin` or on the sa Ld - properties unless a written p•2^:= is first secured =port (5) C" ?iC[ sucC' ;� s'lall be s:!b'PCt t0 -- docat.'.on a` � _ _ . _. .. � i.. any t i.- .... -. _ 11. ,Y T:,-Lc':A %.CE Ccncessicn3irc at 'Pis own axpense shall keeo said Dre- :'_sas in a clean =11 sanitary condition and upon R_Cp Lration OE --his %i.j;-�'2 Or any e:;ter.s ion or renewal thereof, or sooner terminatnn O. t'nis- Agreement, or extension or renewal thereof, shall return the premises to the City in as good condition as they now 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 s0 by the City, then the City may enter premises and remedy the conditon, or conditions, and charge the cost to the Concessionaire. 12. GARBAGE AND RUBBISH 1. No bases, 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 a place to be designated by the Department Director, standard garbage receivers and shall place t_ erei.. al garbage and refuse for daily collection by City fc ces at Concessicnaire's expense_ CQncessn. -,afire accepts tae premises in the condition they now are and the City shall not be required to make any alterations, Improvements or repairs therein or thereon, and Concessionaire hereby waives any and all -rights, if any he may have, by virtue of Section 1942 of the Civil Code of the State of California_ Cahcessiona _e shall not make any c'hangc ^s in, or decoration of, or alterations or additions to, or remove any portion of the building or the equ*:Dment belonging to the City, Without first securing the consent of the Department in Writing. 0 All such approved alterations, additions, or deco rating shall be at the sole expense of the Concessionaire. 14_ SIGNS AND ADVERTISENENTS No signs or advertising matter of any kind shall be displayed unless and until approved in earning by the'Depsrtnent Director. The Concessionaire shall at all tL es conduct his business or operating the concession in a quiet and orderly manner to c�) aL OE eor•- -e ^.` Direc_ _ so ' -:, .._ Jam...._ %C= cons CL_L C:-. '2 pubi LC Qr 7r;_va .... iii. J1 :•J .l'J �- �� 1. ? ^_ Concessionaire .mall permit na lntox_l Ccr°_C! person or __sons, prc =a -a or Ln Cecent ?ang —uaze, bolst"erpC?s, or 1--ud conduct in or about the premises. 17. 'PLOYEES The Concessionaire shall provide such employees as may be reCuired 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 ewployeeE of the Department. Concessionaire shall keep sa estate, right, title and interest therein, or in at all times during the term of this Concession, mecpanics'.liens, and other liens, and liens for id premises and every or to any part thereof, free and Clear or any labor, services, supplies, 2cuiplent, or material incurred by him, and Concessionaire. will Z at all tiTeS fully pay and discharge and L-ThQlly -pro teCt an save har tress the G =_y on account of said liens, or claims, or assertion, l _'> - _ 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 t+?e City OF Santa i`on LCa and all rules and regulations o= the b'eaci?eS and Dar'tCs Co=;-ssion of the State of Cal LforP.ia. 19. CC:.TR.0L C PR 2fISES The City shall have full and absolute con-�rol of the building and all its appurtenances during the term of the Concession .- reement 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. EGRESS ;VOID EGRESS The Recreation and Parks bepartment, its aut-ho_ized representatives, a�gen_S and e: AloyVies -shall have the to enter e upon the oremises cover.2d by this Concession at any and all reasonable tL ^es dur=ng the tir^: of th LS Concession for the purpose D.- In--jection (7) =O- and Ot" ^"O.` pLrgoose i ^C 1-den �aI CO - - "- r -� ^ -s J- un °_ Safi '_S La by the °Da. t-:en ," agents, and e-:playees are not to Lunde, the normal ^7�r2t�OR Of Sald (oncesslon. Concessionaire shall pay all taxes upon personal property and.iiprove- tents belonoing to said Concessionaire located OR said premises a-d iipo.R his possessory interests, if any, in the pre- mises and Concessionaire shall pay all sales and other taxes levied against the operation o2 Said business. . 23. PISURztiCE Concessionaire agrees to and shall s.7ithin ten (10) days - frO - the date of the execution of this agreement, Secure f-071 a g good and responsible company or companies, doing insurance business in the State Of California, and maintain during the entire terrS of this lease, the insurance c0verase: J Insurance: Fire and extended coverage insurance a -c'-t not less than 90 of the replacement value- Of the eases buildrng and other improvements on the.leased pie -ices, _ ov--' that insurance in that percentage can be obtaied, and if not, then to the highest percentage of reDlace.ent -value that can be Obtained less than said, 90%; 2. Liability Insurance: Public liability insurance for the d2ctF -1 of Or 1nJtTry to persons in an aniount . rot less than $100,000 per person and $300-,000 per occurrence and $50,000 for loss -resulting in damage f o to or destruction of property. All said coverage to include liability for Occurrences On the premises and for products liability. 3. Concessionaire agrees that the City of Santa Monica and the State of California shall be named as an additional- insured on the aforementioned policies of *insurance. 4_ Snbreoaticn Waive -: Concessionaire agrees that in the 0 E:Vent Of loss due t0 any of the perils for whLch it has agreed to provide insurance taa- concessionaire 5'!ol l to o,< solely t: its insurance for recorery_ Concessionaire hereby grants. to Ci_Y, on behalf of ar " "1 insurer providin, 1 nsurance - to either Concessionaire or the Ci_y of Santa '.onica c -:ith n= a n_ r 0_ any S--ca Lsur °_` O. Sa L'. CO nCess LO P.O '_re Z�-8:. S� City by vT :� L the -�nt _ - 7_- O j' 1035 L', slu" inSi'T2nC °. 5. ?-roof o= CoveTaZe: On seCurinZ the fcregO'LnS coverages - the Concessionaire shall give the City c- .ritten notice thereo_ wit!- a cart_fi2C? Copy of the appropriate P olic Les. o. Protection Against Cancellation: Proof must be given by Concessionaire to the City, pursuant to subsection (4) that each of the policies provided for in this section expressly provides that the policy shall not be cancelled or altered without thirty (30) days prior written notice to the City. %. Failure to Secure: If Concessionaire at any ti;e during the term 12%re0f, should fail to secure of maintain the fore- going insurance, the City shall be per:itted to obtain such insurance in the defaulting party`$ na.ue, or as an agznt of the default -n=- party 2nd s .211 be compensated _ by the __ party y for the COStS of the inS'1r2RCe preL,iu,^}5. rtLeS Suall pay the City interest On paid - _=Luii:s at the rate of Ten (10i) Percent per annum CC a =ed _rom the date GJritten notice is received that the pre_ Lu -s have been pa Lu, 23. L4T S AND G?u_��' NCES Concessionaire shall conduct his business in accordance ...t.^_ all the lae:s, ordinances, ru,' -s and regulations applicable to such business, as set forth by the City, County; State, and the Federal Covcrni: lent, and Concess Lonaire shall not use said premises nor any part . thereof, nor permit the,: to be used, for any purpose or purposes other than those specified in this Concession Agreement. 24. PLR ?•ZITS A''B LICENSES The Concessionaire shall be required to obtain any and all p- crnits or licenses that may be required in connection with the operation Of the COncess L n for food, beverages, - confec boneries,.and tobacco products. (9) i. . r 2 s as: L . ^. OT Cr'nsLe_ .� ^. ;rrc2- an- 1nte =2S: tC!2reLn by ooerarion of ia:J or _.".. s io., % _ .,,_ tour Fi r - -dL n e Grit ten cons an o the CLty . nmen _ , �nS.2r D the City shall not authorize o one suc _ asst y such ac-tion by Coacass Lonaire, his successors or assigns in the future Tt is understood, however, that the City will not withhold its consent to any assignment, transfer by Concessionaire uLthout reasonable cause thereof. 26. r., *.AT ?'E'S 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 harem �•inetiher of the sa.:e or a different character. 27. HOLDOVER Any holding over by Concessionaire after the expiration or any to urination of this Agreement or by any extension or renewal thereof stall not constitute a renewal or extension of the tern hereof wh-ic1_, shall const_t_te only a tenancy from month to nonth upon the to —s and coneLr_cns contained 'herein. Under no conditions may this Lease be o --per ce-.cr_c December 21, 1981. 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. NOTTC�S . Any notices to be given under the provisions of this Agreement shall be _:ailed to the City: Attention: Director of Recreation and Parks, City Hall, 1685 Main Street, Santa Monica 90401; and to Concessionaire John Alta -:ura a_nd Harold L. Frank dba Z._Days 813 11th St. Manhattan Beach, California All notices shall be addressed properly and have the postage prepaid thereon in order to ccmply with the terms of this Agreement. 30. TEP�MTATTON City shall i:ave the option, upon failure of Concessionaire to perfc = any ccjenant or condition, to term, inate this Agreement by giving 24 hours :written notice of its intention so to do. .il. =_7L.D C o n,- 0 n a L_ re I IL i:O =Q Ci ='v a^.d L t s oil LC °_,s� a� °_R-S _TO O ?:a: °_s i1 ^l a1 Cl� - s :or G'2-i3je a- -e,4 CO ^.d2 r_,S::1ted _ =0:� th2 COnS t ^._C�_O. ^., -modLilcation or operatLOn of t;2?s 32 \'^\ TC- ZI-L\j j\- -TON (a) The Concessionaire and his employees shall not- . discr =a mate because of race, reflolon, Color or matlonal origin _- anal --st any person by refusing to furnish such person any accoum- 4.Odaticn, facility, service or privilege offered to or enjoyed by file general pLblic. Nor shall the concessionaire or his employees publicize the acco odations, 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, r2l lg ioP_',. Color Or national origins all SLIba, -eCt. t0 reason- able orders of the Dire --O- O_ General Services. - (Io) in t °_ perfOia3nce of this Contract, the CQ:_cessi or -fir ll nQt -_. scr pirate against any employee or aopii- Ca._= for e ^O1 ^� yeT'_t becat_.e of race, Colors religion, ancestrv, - or == =icnzl Cris= - Tee Co—essic: afire will to ?tie affir::ative action to ens- =re plies - p _mss are employed, and that employees are - treat-ell during emplo- .^:.:ent, With Out regard to tbeir race, Color, - - reli io :., ancestry, or P_ational origin. Such antiov- shall include, but not be limited to the foll grading, de- py, p T:.OtiCn or transfer; recruitment Or recruitment advertising; layoff or ter ^inatiOn; r2tes O_ pay or oth= form Of CC?nDeIIS 3tlOn; and . Sel^ction for training, in.ciudino apprenticeship: The Concessionaire shall post in conspicuous places, available to employees and appli- cants for e- ploymert, notices to be provided by the State setting forth the provisions of this Fair E*,Iployr.:ent Practices section-. . The Concessionaire will per it access to his records of empioyment, employment advertise: ^_er? s 2.pp71Cc t1..Q:2 i0i..iS, and Other pertinent data and records by the State Fair E ploynent Prac- tices Co=iss'_On, or any other ag2ncy of the State Oi CallfOrP.ia (11) `qv to asce = �` -2:_7 C';'D__ ='•C° `•.i1tt1 `.h'- Fa lr E iO�r :.. °i:� t'� =-'C Lice$ (cl ae- •acres for winl ul vialatio : (i) The State may determine a willful violation of cce Fair Scnplo, :'Int Practices provision to Pave occurred upon to the breach of any receipt of a final juts. --Zat having that effect from a court in an action to :•;h' ch' C:` :cessionaire -was a party, or upon receipt of a notice fro= the Fair Employment Practices that it has LP_'vestijated and dater ined that the Eon- assionaire has violated the Fair Employ^ent Practices Act and has issued an order, . under Labor Code Section 14205 }•:hick has become final, or obtained an injunction under labor Code Section 1429_ (2) The State will have the right to terminate thLS Co ntract, and any loss of revenue sustained by the State by reason thereof shall be borne and paid for by the Concessionaire. `S Percent of the dally ecuivalent of the monthly rental for each day tnat the breach is not remedied. 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 Agreement- referred to in rap paragh 2 hereof. o - t'' :•.ita retard to the breach of any condition of this, agree -en--, conce=_sL_..a_ - agrees tnat it would be impracticable or e_< emeh° ____ __ to fix actual damages, and therefor concessionaire agrees u7pcn __S .._eacn of any condition it will pay to the City as lizuidated damages and not as a penalty, .a sum equal to Fifty (50 %) Percent of the dally ecuivalent of the monthly rental for each day tnat the breach is not remedied. 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 Agreement- referred to in rap paragh 2 hereof. o - t'' cau@ e" - an. C TTY 07 zMO'NITCA, a icnicigaL corporation, By� City mana.ger, T EST: (CITY) City Cie--,�- APPROVED AS TO FO G Lv Tt =rl- ey Ll I Adur-ess City -77- Teieotioria ST '= C= C-1 by I DEP_ 7=EN7 OF REC^L— TION AND FPRKS tit f,:!*- .' S:--.ii I c-E6,-I n-, ,;is te rie;2r7.ent of Fin?nc> of };a B-J�qtt 1174 �x h J/) Lk 6 COVI?'Q',CT 2:0. 3140 (CCS) SU131.case of Contract ,do. 2166 cCCur,IMT FiL;_ SUBLEASE AGREEMENT This sublease agreement entered into this _� day of _f� ^cF, c'_O- , 1978, by and between JOHN ALTAMUR�, and HAROLD J. FRANK, dba Zeppy °s, hereinafter referred to as subles- sor and NA14CY LINDSEY, hereinafter refereed to as sublessee. WITNESSETH: For and in consideration of the premises and their good and valuable considerations, it is hereby mutually agreed by and among the parties hereto as follows: 1. Sublessor, for valuable consideration, does hereby sublease to sublessee all their rights powers, obligations and duties arising under the concession agreement by and b•a- tween sublessor and the City of Santa Monica dated June 12, 1975, regarding two (2) refreshment concessions described in Paragraph two (2) of said agreement and located in the 1100 and 12Q0 blocks of Pacific Coast Highway, City of Santa Monica, County of Los Angeles, State of California, pursuant to the following covenants and conditions. A. Sublessee expressly assumes all obliga- tions and conditions of the concession agreement entered into between sublessors and the City of Santa Monica concerning the two (2) subject refreshment concessions. B. Pursuant to Paragraph twenty -three (23) entitled Insurance, sublessee agrees to obtain -1- sufficient insurance as rcquirccl by said agree- ment a ^.d to cause sublessors John Altamura and Harold LL. Prank to be named as additional insureds on the policies of insurance. Sublessors shall be entitled to proof of coverage in tho,san:e manner as it provided for in-the concession agreement. C. In the event that sublessee shall fail tc perform any covenant required to be performed by such party under the terms and provisions of this sublease, including sublessee's covenant to pay rent, and sublessee shall not commence to either remedy or correct such failure within seven (7) days after the service of written notice upon sublessee by sublessor specifying such failure, this sublease shall be terminated and sublessor shall have the immediate right to reenter the subject premises and assume possession and control. Any such termi.a- tion and reentry shall not relieve the party so .failing from .liability to sublessors for damages as may be suffered by reason of such failure. D. Sublessee hereby acknowledges that the attached "Concession Agreement" is a true and correct copy of the agreement under whose condi- tions they promise to be bound. 2. Sublessor warrants that there are no existing de- faults, violations or breaches of the Concession Agreement which are the result of sublessor's actions or omissions. 3. At such time as the Concession Agreement terminates and the sublease terminates as a result thereof, the parties dM hereto shall be released from all further obligations and liabilities under the herein sublease; except ho- .;evor, if the' herein sublease terminates as a result of sublessor or sub- lessee being in default of its obligations, or any of them, contained in either the aforesaid Con ^ession Agreement or the herein sublease, then and in that event, defaulting party shall be liable to aggreived party for all damages aggreived party shell have suffered as a result of any such termination. 4. Sublessor shall in no manner either amend, modify or alter the Concession Agreement without first notifying sublessee and obtaining sublessee's written consent to so amend, modify or alter the said Concession Agreement. No amendment, modification or alteration of this sublease shall be effective unless in a writing signed by the parties hereto. S. For so long as sublessee is not in default of anv of the provisions of the herein sublease, sublessor shall at all .times be obligated to perform all of the subiessor's obligations under the said Concession Agreement, and during the term of the herein sublease, sublessee shall be entitled to and have quiet Possession of the premises. 6. Sublessee or sublessor shall at all times have the right and be entitled at sublessee or sublessor's option to cure any defaults of sublessor or sublessee under the aforesaid Concession Agreement or the herein sublease after giving sub- lessee or sublessor seven (7) days written notice of any alleged default_. Any reasonable cost of curing any default incurred by the non - defaulting party shall be borne by the defaulting n%irt_y. 7. Nothing contained in the herein sublease nor any acts of the parties hereto nor anything else shall be deemed -3- c or construed by the parties or any third pi:rsons to create the relationship of principal and went or of a partnership, joint venture or any other association between sublessor and sub- lessee, and no such or any other relationship exists, except that of sublessor and sublessee on the provisions herein set forth. 8. In the event that sublessor receives any notices as provided for pursuant of Provision 29 of the aforesaid Concession Agreement, sublessor shall immediately provide sublessee with like notice; said notice to sublessee shall be directed to sublessee at the following addresses: 1444 15th Street n4, Santa Monica, California 90404. — 9. Sublessor and sublessee mub.ially agree that in the event that either party shall.bring an action to enforce any of the provisions or covenants of this sublease or any right conferred hereunder, the party prevailing in such - action shall be entitled to recover all of his necessary expenses and rea- sonable attorneys' fees incurred therein, from the other. party. Executed this $ day of \ �c E:H be -R , 1978, at o Q 2 a v C F California SUBLESSORS (ZEPPY' ) SUBLESSBE C .XQQHV ALT At, tUltA NANCY INDSI:Y� /� d ATTEST: HAROLD FRANK i Approved as to form and content: CITY OF SANTA MONICA, C -IT CLERF a MUNICIPAL CORPORATION, By STATE OF CALIFORNIA DEPAR=NT OF PARES AND RECREATION ACTTI`G CITY ?,L?INACER RUSSELL W. CAHILL Director _ : �rG -4- Date: f9AY 17 19 4 11-5-78 rJ L H- .PERSONAL R.ESiP:fE' Joe Steinman 12041 Huston Street North Hollywood, Calif. 91607 Personal Data: Born: October 4, 1936 c x.l->a.L � Attended Los Angeles Schools - 1st grade through 2 years of college. STATUS: harried with six children - ages 24 - 5 months - three of whom currently reside at home. WORK DATA: Box Office International 1968 to June 1975 Started as a booker for $125.00 per week Advanced to Vice President /General Manager of Domestic Operations for $35,000. per year. Essex Distributing Founded June 1975 Motion Picture Distribution Joe Steinman Enterprises Ltd. Founded November 1977 Management/Holding Compeny for investments of Essex Distributing and Joe Steinmen personally. The investments 'include theatres in New Orleans and Atlanta, Real Estate in California and Arizona, a film inspection and shipping company, and en,Egg ranch, as well as .diversifications such as fast food establishments. BANK REFERENCES: Bank of America Laurel /Sunset Branch 7966 Sunset Flvd. Los Angeles, Calif. 90046 Mr. Ed Mayhew, Bank ?tanager 6430 � ,r.�f ��vrl � ife� /5/a 1M ei,, 90028X466 -//f4 Page 2 Joe Steinman 12041 Huston Street North Hollywood, Calif. 01607 City National Dank 300 North Fairfax Los Angeles, Calif. 00036. Mr. Steve Leibovitz, Bank ''Manager American International Bank 525 South Olive Street Los Angeles, Calif. 00013 Mr. Frank Di Tomaso, Senior Vice Pres_.dent CREDIT 2EFEREiICES: Diners Club International Account It 33852 - 006064 -0003 Pank of America `<:as ter Charge 5254 -240 -651 -511 Bank of America Visa 4024- 643 - 150 -54" Additional Credit References available upon request. PERSONAL RE'F'ERENCES: Gil Schsartzberg, Atto --ney at Law 0665 1.ilshire Blvd. Suite ff550 Beverly Hil'_s, Calif. 0 01212 Chris 'i.'arfield, '•Lotion Picture Producer 1617 El Centro Holly'Nood, Calif. 00028 f?. L'. Hughes, Tax Attorney And CPA 120 Homewood Brertwood, Calif. 0 CPE,DTm PESL?MI Joe Steinman 12041 Huston North Hollywood, Ca 91607 Social Security /1 572 42 4162 Prior Residences: 11615 Addison Ave North Fol'_ywood, Ca 91601 6040 Carlton Avenue Los Angeles, Ca Fh:ployment History- Joe Steirman Enterprises Ltd 6430 Sunset Blvd. S 1518 Hollywood, Ca 90028 Position: President Length of employment: Five years Box Office International 4744 Zelrose Avenue Hollywood, Ca Position: rice President/Domestic Sales Length of ernloyement: Seven years Bank References: Bank, of America 7966 Sunset Blvd, Hollywood, Ca 90046 :s. Ed "ayhew, Bar!, Manager City National Ban'.-- 300 N. Fairfax Los Angeles, CA 90036 ?r. S +.eve Leibowitz, Vice President P.merican International Ben'A 525 S. Olive Los Angeles, Ca Mr. Fran': Di 'omaso, Senior Vi ^_e President 6 30 Y,, -,jW (_0/,/,W 'lJvc:t /5.�� ia� �c a (,'rr �znin J'Q,e Steinman Page 2 CnEDIT 4ESUMF Bank References Continued: Bank of Santa Monica 4th and Arizona Santa Monica, Ca '.4r. Vie Thorley, Vice President "N & J Inc, dba Nancy's" Credit References: Valley Federal Savings & Loan 6842 Van N'ut's Blvd. Van Nuys, Ca Account # 049663 Citizens Savings 9800 S. Sepulveda Los Angeles, Ca Account # 181 - 099939 -0 Home Sav`_ngs And Loan P 0 Box 3991 Los ,tibeles, Ca 91603 Account i# 302865 Central Federal Savings P 0 Box 388 Los Angeles, Ca Acco,int # 131-42411-2 TransAmerican Mortgage Co. P 0 Box 3861 San Francisco, Ca 94119 Account # 000 - 5539830 Bank of America Visa Account # 5254 -240- 651 -511 Bulloc'_tsplilshire Account # 100 36 900 78 kmer`_can °xoress Cold Card Account # 3728- 9056 °2 - 01002 Diners Club International Account # 3852 - 006064 -0003 ,Toe Stein_ °agle 3 rpp—= n,, ITTI Credit °eferences Continued; '!obil Oil Account N 870 210 930 11 '.sy Company Account # 61 2735 6001 Sears Roebucl: Account # 8 80271 31657 7 STATE 'OF CALIFORNIA —THE RESOURCES AGEN( EDMUND G. BROWN JR., Governor DEPARTMENT OF PARKS AND RECREATION _ P.O. BOX 2890 SACRAMENTO 95811 (916) 445 -2358 l� it MAY 17 1979 Mr. Donald T. Arnett Director, Recreation and Parks City of Santa Monica City Hall, 1685 Main Street Santa Monica, CA 90401 Dear Mr. Arnett: The State Department of Parks and Recreation approves the sublease agreements, contract #3140 (CCS) and 3141 (CCS) , between John Altamura and Harold J. Frank, dba Zeppy's; and Nancy Lindsey and Picea, Inc., respectively, for their concession operations at Santa Monica State BANKOFAMERICA LAUREL - SUNSET BRANCH June 21, 1979 Mary B. Ross Dept.Admin Assistant City of Santa Monica 1685 Main Street Santa Monica, CA 90401 Dear Ms. Ross: RE: JOE STEINMAN In response to your letter of June the 18th, we are pleased to advise that Joe Steinman has been a valued customer at this office for about 10 years. He operates various accounts to our complete satisfaction with aggregate balances averaging in low medium 6 figures. Credit has been advanced from time to time in medium 5 figures with satisfactory experience. We have found Mr. Steinman to be dependable and trust - worthy in all our relationships and commend him highly to you. Sincerely W. Mayhew EWM /kd BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION • 7966 SUNSET BOULEVARD • HOLLYWOOD, CALIFORNIA 90046 Frank D. DiTomaso Chief Loan Officer June 20, 1979 American International Bank 525 South Olive Street Los Angeles, California 90013 Phone(213)626 -3500 Mr. Donald T. Arnett, Director Recreation and Parks City of Santa Monica, California City Hall, 1685 Main Street Santa Monica, California 90401 Dear Mr. Arnett: In answer to your letter of June 18, 1979 with regard to Joe Steinman Enterprises Ltd., we have a very good banking relationship with him. Mr. Steinman opened his accounts in January of this year and maintains balances in the medium five figures. He also has a Time Certificate of Deposit with a low six figure balance. We consider him to be a very valuable customer of the bank and he has handled his accounts in a very satisfactory manner. If you have further questions, please do not hesitate to call. Sincerely, Frank D. DiTomaso Chief Loan Officer, Sr. V.P. Patricia Kane Admin. Assistant pk DEPARTMENT OF RECREATION AND PARKS City Hall, 1685 Main Street Santa Monica, California 90401 May 31, 1979 Sears Roebuck Post Office Box 1381 Canoga Park, California 91304 Account No. 8 80271 31657 7 Attention: Credit Department Gentlepersons: Mr. Joe Steinman of 12041 Huston Street, North Hollywood, California, has applied to the City of Santa Monica to sub- lease a beach concession. He has given us your name as an available credit reference. Please use the enclosed self - addressed envelope to include any data to reflect reliability. Your prompt assistance is appreciated. Sincerely, Donald T. Arnett, Director Beer ation and Parks MBR:pp Encl. n. Assistdnt o E_ ST-Zt r c'c1J OP£NC� (tiP 9172- /Lb/ C'- ¢ & S7 All-10 �S i4C?iZF -Q EMO Ed CITY OF SANTA CALIFORNIA DEPARTMENT OF RECREATION AND PARKS City Hall, 1685 Main Street Santa Monica, California 90401 June 18, 1979 Mr. Steve Leibovitz Bank Manager City National Bank 300 North Fairfax Avenue Los Angeles, California Dear Mr. Leibovitz: 90036 x 4 r, 4 , Y REc��►�E JON 211979 CITY NATIONAL BANK FAIRFAX OMQ /. Mr. Joe Steinman of Joe Steinman Enterprises Ltd. has applied to the City of Santa Monica to sublease a beach concession. He has given us your name as an available credit reference. Will you please use the enclosed self- addressed envelope to send us any data that may reflect reliability? Your prompt assistance is appreciated. Sincerely, Director tant MBR:mr Encl. L °k? i ����� tea! Gf —id. • 9 CrYL U!/ CITY r, ., FAI: ?-..,x ' 300 i:0. ra;nIza: Av.- -i ., Los Angeles, Cnli omia 93036 CITY OF . , . CALIFORNIA DEPARTMENT OF RECREATION AND PARKS City Hall, 1085 Main Street Santa Monica, California 90901 May 31, 1979 Diners Club International 11570 W. Olympic Blvd. Los Angeles, CA 90064 Account # 3852 - 006064 -0003 Attention: Credit Department_ Gentlepersons: o Mr. Joe Steinman of 12041 Huston Street, North Hollywood, California, has applied to the City of Santa Monica to sub- lease a beach concession. He has given us your name as an available credit reference. Please use the enclosed self- addressed envelope to include any data to reflect reliability. Your prompt assistance is appreciated. U/ © Sincerely, Donald T. Arnett, Director �l A a 'on and Parks M ry Ross t S -7 D.pt. Admin. Assistant "j MBR:pp U Encl . C- � c r , ?, a - z � c. r e m c. r c- cn Mr. Joe Steinman of 12041 Huston Street, North Hollywood, California, has applied to the City of Santa Monica to sub- lease a beach concession. He has given us your name as an available credit reference. Please use the enclosed self- addressed envelope to include any data to reflect reliability. Your prompt assistance is appreciated. U/ © Sincerely, Donald T. Arnett, Director �l A a 'on and Parks M ry Ross t S -7 D.pt. Admin. Assistant "j MBR:pp U Encl .