CC - Item 2C - Rosemead Park Snack Bar License AgreementROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY qOLINCIL MEMBERS
FROM: JEFF ALLRED, CITY MANAGER /
DATE: April 12, 2016
SUBJECT: Rosemead Snack Bar License Agreement
SUMMARY
The City has entered into a License Agreement with the Rosemead Youth Association
for the Rosemead Snack Bar for many years. The License Agreement for this year is
from April 13, 2016 through June 18, 2016. This agreement will allow the Rosemead
Youth Association to sell refreshments during the regular hours when Rosemead Park
is open to the public (see attached agreement).
Staff Recommendation
That the City Council authorize the City Manager to sign the License Agreement with
the Rosemead Youth Association for the use of the Rosemead Snack Bar from April13,
2016 through June 18, 2016.
Public Notice Process
This item has been noticed through the regular agenda notification process.
Pr ared
A s
Interim Director of Parks & Recreation
ITEM NO. 2.0
LICENSE AGREEMENT AT ROSEMEAD PARK ,
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S? THIS LICENSE AGREEMENT is made and entered into this Ith day of
M ch 2016, 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 oees license and give unto Licensee, for a
period commcIn Mrch o, 2016 and terminating June 18, 2016, 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.
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 Parks and Recreation Director 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
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
Licensee. Licensee 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 Parks and Recreation Director in relation to use of the
Park.
7. Licensee agrees to make to no changes, additions, or
alterations, nor erect any structure on the park premises without written
consent of said Parks and Recreation Director.
8. Licensee agrees to erect no fences or advertising matter of
any kind on the Park premises unless approved in writing by the Parks
and Recreation Director.
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 Parks and Recreation Director.
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
officers and employees, from and against any and all damages to 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.
11. 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 Licensee. City may, in the event any of the above
occur, at its option at once 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 (10)
days, said City shall have the right to enter the premises, take possession
thereof, and remove all persons and property there from, all without
compensation to Licensee.
13. Licensee agrees, upon termination of this agreement, to
removal all 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.
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 States Post Office, or any substation hereof,
or any public letter box, and any such notice and the envelope containing
the same shall be addressed to the Licensee, Gilbert Slyvester,
President, 4839 Willard Ave, Rosemead, California 91770, 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 Parks and Recreation Director, 8838 East Valley
Boulevard, Rosemead, California 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 Licensee and interests therein.
16. Additional Conditions
A. Cleaning and Removal of Supplies and /or Equipment
1. The organization shall post a cleaning deposit of One
Hundred Dollars ($100), one week in advance of opening to
insure that:
a. The organization cleans the Snack Bar and
removes all supplies by the dates indicated in Section 1;
b. All trash around the outside of the Snack Bar
and bleacher 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 Bar.
In the event the above conditions are not met by the organization,
City staff will clean such areas /facility, and charge against the
organization's cleaning deposit. If this should occur, the organization will
need to post another cleaning deposit ($100) before they are allowed to
operate the Snack Bar.
IN WITNESS WHEREOF, The City of Rosemead has caused this agreement to
be executed by the City Manager and attested by the Clerk thereof, and Licensee
has executed this agreement or caused it to be duly executed, the day and year
first above written.
Jeff Allred, City Manager Rosemead Youth Association
ATTEST: City Clerk
Dated: