HomeMy WebLinkAbout17392 - RESOLUTIONS - 1/2/1991 • RESOLUTION NO. 1.7392
OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, CANCELING THE LICENSING
AGREEMENT BETWEEN THE CITY AND GREG ACKERMAN,
DOING BUSINESS AS DESEPTAN, FOR TANNING
PRODUCTS
WHEPE4S, Greg Ackerman, doing business as Dasertan, entered
into a licensing agreement for tanning products with the City
on February 21, 1990 for a one year period and,
WHEREAS, between June, 1990 and October, 1990 staff made
repeated attempts to identify Mr. Ackerman's intentions
regarding the contract and,
WHEREAS, staff failed 'to get substaratial information from Mr.
Ackerman and requested assistance from the law firm of Rutan
. and Tucker and,
WHEREAS, Patrick Rafferty of Rutan and Tucker reviewed the
contract and found breaches to include, failure of Mr.
Ackerman to distribute the product in commercial quantities
throughout the United States, its possession and territories,
and Canada, failure to provide any particulars of sales or
disposition of the licensed matter, and failure of any
noticeable advertising efforts undertaken by Mr. Ackerman and,
�* WHEREAS, upon identification of the above breaches, a
` certified letter was mailed November 15, 1990 wherein the City
Attorney requested Mr. Ackerman remedy the breaches within 30
days or face termination of the contract and,
WHEREAS, on November 20, 1990 Mr. Ackecanan notified Mr.
Rafferty of Rutan and Tucker of his wish to cancel the
agreement with the City and,
WHEREAS, the City Attorney and staff agree that cancellation
of 'his contract would best serve the interest of the City.
NOW THEREFORE, BE IT RESOLVED that the licensing agreement
between the City of Palm Springs and Mr. Greg Ackerman doing
business as Desertan, be cancelled.
ADOPTED this 2nd day of January, 1991
AYES. Councilmembers Hodges, Hurawski , Neel , and Mayor pro tem Broich
NOES. None
ABSENT. Mayor Bono
ATTEST. CITY..,OF PALM SPRINGS, CALIFORNIA
t f
By
City Clerk ,Y , City Manager
i
REVIEWED & APPROVED 1 k),
1,