CC - Item IV.CC-F - Approval Of Concession Stand License Agreement (Rosemead Youth Association)�t
Date: �/� r/D
Agenda Item No. !T. C C — r
RES /ORD No
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CLARK I BRUESCH I IMPERIAL
TO: FRANK G. TRIPEPI, CITY MANAGER
FROM: MICHAEL D. BURBANK, DIRECTOR OF PARKS AND RECREATI�
DATE: JANUARY 02, 2002
RE: APPROVAL OF CONCESSION STAND LICENSE AGREEMENT -
ROSEMEAD YOUTH ASSOCIATION
The Rosemead Youth Association (R.Y.A.) has requested the use of the concession stand at
Rosemead Park from March 15, 2002 through August 15, 2002.
RECOMMENDATION:
It is recommended that the Rosemead City Council approve the License Agreement and authorize
it's execution by the Mayor.
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JAN 0 S 2002
ITEM No.
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LICENSE AGREEMENT AT ROSEMEAD PART:
THIS LICENSE AGREEMENT is made and entered into this 29` day of January,
2002, by and between the City of Rosemead, a municipal corporation, hereinafter referred to as
"City" and the Rosemead Youth Association hereafter referred to as "licensee ".
WHEREAS, the City is the owner of that certain public park known as Rosemead
Park; and
WHEREAS, Licensee is desirous of procuring from City the privilege of selling
soft drinks, coffee; candy, hot dogs, and other similar items from a refreshment stand during the
regular hours when Rosemead Park is open to the public; and
WHEREAS, the public interest and welfare will be served and the facilities of said
Park will be materially enhanced by the granting of such concession to a reputable party;
NOW THEREFORE, in consideration of the mutual promises, covenants and
conditions hereafter contained, said parties agree as follows:
1. City does hereby license and give unto Licensee, for a period commencing
January 29, 2002 and terminating August 15, 2002, the privilege of operating a refreshment stand
for the purpose of selling soft drinks, coffee, candy, hot dogs and other similar items during the
regular hours when Rosemead Park is open; such license does not permit Licensee to sell
alcoholic beverages.
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2. Licensee agrees to keep accounting records of all receipts, sales and
disbursements acceptable to City, and City shall have the right to inspect said records at
reasonable times. At the termination of this agreement, Licensee further agrees to submit a
complete financial report to the Director of Parks and Recreation of all sales, receipts collected
and disbursements made during the terms of this agreement.
3. Licensee agrees to file within ten (10) days after the execution of this
agreement and prior to any of its operations hereunder, and to maintain in the office of the City
Clerk, a comprehensive liability insurance policy, and said policy to name the City as one of the
parties insured, in an amount not less than One Million Dollars ($ 1,000,000) for any one person
and One Million Dollars ($ 1,000,000) for one occurrence, insuring against the death or injury of
such persons claimed to have been suffered or incurred on the premises used by Licensee in its
operations hereunder, and including a products liability provision with limits not less than One
Million Dollars ($ 1,000,000) for any one person and One Million Dollars ($ 1,000,000) for any
one occurrence.
4. Licensee agrees to immediately obtain all necessary permits and licenses for the
operation of said concession, at the expense of Licensees. Licenses shall obtain a Sales and Use
Tax Permit from the State Board of Equalization. Licensee shall be responsible for the collection
and remittance of sales tax on items sold.
5. Licensee agrees to maintain the Park free from all litter caused by the
concession.
6. Licensee agrees to observe all rules and regulations promulgated by the
Director of Parks and Recreation in relation to use of the Park.
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7 Licensee agrees to make no changes, additions, or alterations, nor erect any
structure on the park premises without written consent of said Director of Parks and Recreation.
8. Licensee agrees to erect no fences or advertising matter of any kind on the Park
premises unless approved in writing by the Director of the Departments of Parks and Recreation.
9. Licensee shall make reasonable charges for food and other miscellaneous
concession stand items, and shall furnish a complete list in detail of any and all such charges to the
Director of Parks and Recreation. Such charges shall be subject to said Director's approval,
which shall not be unreasonably withheld by said Director.
10. A. LICENSEE shall indemnify and save harmless CITY, its offers and
employees, from and against an} and all damages to property or injuries to or death of any person
or person, including property and employees or agents of CITY, and shall defend, indemnify and
save harmless CITY, its officers, and employees, from and against any and all claims, demands,
suits, actions or proceedings of any kind or nature, including, but not by way of limitations,
worker's compensation claims, resulting from or arising out of the negligent acts, errors or
omissions of LICENSEE, its employees or subcontractors.
B. LICENSEE shall indemnify and save harmless CITY, its officers and employees from
and against any and all damages to property or injuries to or death of any person or persons,
including property and employees or agents of CITY, and shall defend, indemnify and save
harmless CITY, its officers and employees, from and against any and all claims arising out of
actions or proceedings thereof, resulting from or arising out of the intentional or malicious acts of
LICENSEE, its employees or subcontractors.
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1 1. Licensee agrees that the rights herein granted shall not be assignable or
transferable to any persons, or by proceedings in any court, or by execution proceedings,
insolvency or bankruptcy, either voluntary or involuntary, of the Licenses. City may, in the event
any of the above occur, at its option, forth with terminate and cancel this agreement, in which
event all rights of said Licensee hereunder shall immediately cease and terminate and Licensee
shall immediately deliver up possession to the City.
12. City shall have the right to terminate and cancel this agreement and all the
privileges granted hereby by giving to Licensee ten (10) days written notice of its intention to do
so, and at the end of said ten (10) days, said City shall have the right to enter the premises, take
possession thereof, and remove all persons and property therefrom, all without compensation to
Licensee.
13. Licensee agrees, upon termination of this agreement, to remove all of its
property and to leave that portion of the Park used by it for the operation of the concession in as
good a condition as when possession thereof was given to it. See section 16 for Additional
Conditions.
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14. Notices desired or required to be given hereunder or under any law now or
hereafter in effect may at the option of the party giving the same be given by enclosing the same in
a sealed envelope addressed to the party for whom intended and by depositing such envelope with
postage prepaid in the United State Post Office, or any substation hereof, or any public letter boa,
and any such notice and the envelope containing the same shall be addressed to the Licensee at,
4736 N. La Presa Avenue, Rosemead, California, President, or such other place as may
hereinafter be designated in writing by the Licensee, and the notices and the envelopes containing
the same to the City shall be addressed to the Director of Parks and Recreation, City of
Rosemead, Rosemead City Hall, 8538 East Valley Boulevard, Rosemead, CA 91770.
15. It -is understood and agreed that this license agreement is a license and not a
lease, and is a personal, revocable and unassignable permission for Licensee to perform the acts
hereinbefore set out without reserving or granting to said Licensees any interests therein.
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16. Additional Conditions
A) Cleaning and Removal of Supplies and or Equipment
1. The organizations, shall post a cleaning deposit of One Hundred Dollars
($ 100.00) one week in advance of opening to insure that;
a) The organization clean the Snack Bar and remove all supplies by the dates
indicated and,
b) All trash around the outside of the Snack Bar and bleachers areas are
picked up daily and put in the City's trash bin, and;
C) The organization will provide their own cleaning materials for the Snack
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In the event the above conditions are not met by the organization, City staff will
clean such areas /facility, and back charge the organization's cleaning deposit. If
this should occur the organization will need to post another cleaning deposit
($ 100.00), before they are allowed to operate the Snack Bar.
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IN WITNESS WBEREOF, The City of Rosemead has, by order of the
City Council of Rosemead, caused this agreement to be executed by the Mayor and attested by
the Clerk thereof, and Licensee have executed this agreement or caused it to be duly executed, the
day and year first above written.
Licensee
ATTEST: City Clerk
City of Rosemead
Mayor of the City of Rosemead
Dated:
CC -C AUTHORIZATION TO ATTEND AMERICAN PLANNING
ASSOCIATION ANNUAL CONFERENCE — APRIL 13-14,2002,
CHICAGO
CC -D AUTHORIZATION TO ATTEND LEAGUE OF CALIFORNIA CITIES
CITY MANAGER'S DEPARTMENT MEETING, FEBRUARY 13-15,2002,
CORONADO
CC -E AUTHORIZATION TO ATTEND THE LEAGUE OF CITIES EMPLOYEE
RELATIONS INSTITUTE, JANUARY 24-25,2002, NEWPORT BEACH
'%4 9C -F APPROVAL OF CONCESSION STAND LICENSE AGREEMENT —
ROSEMEAD YOUTH ASSOCIATION
MOTION BY COUNCILMAN TAYLOR, SECOND BY COUNCILMAN VASQUEZ
that the Council approve the aforementioned items on the Consent Calendar. Vote-resulted:
Yes: Bruesch, Taylor, Imperial, Clark, Vasquez
No: None
Absent: None
Abstain: None .
- - Ttl'e Mayor declared said motion duly carried and so ordered.
V. MATTERS FOR DISCUSSION AND ACTION - None
VI. STATUS REPORTS - None
VII. MATTERS FROM OFFICIALS
VHL ORAL COMMUNICATIONS FROM THE AUDIENCE - None
IX. ADJOURNMENT
There being no further action to be taken at this time, the meeting was adjourned at 8:30
p.m. The next regular meeting will be held on Tuesday, January 22, 2002, at 8:00 p.m.
Respectfully submitted:
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City Clerk
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