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CC – Item 4E – Staff Report – Approval of Concession Stand License Agreement Rosemead Youth Association staf fe ort TO: FRANK G. TRIPEPI, CITY MANAGER /72 2 FROM: MICHAEL D. BURBANK, DIRECTOR OF PARKS AND RECREATION. —‘' DATE: JANUARY 23 , 1998 RE: APPROVAL OF CONCESSION STAND LICENSE AGREEMENT - ROSEMEAD YOUTH ASSOCIATION The Rosemead Youth Assocation (R.Y.A. ) has requested the use of the concession stand at Rosemead Park from February 4 , 1998 through June 30, 1998. RECOMMENDATION: It is recommended that the Rosemead City Council approve the License Agreement and authorize it's execution by the Mayor. MDB: sb attachments 07-N-B5S COUNCIL AGENDA JAN 2 71999 ITEMNo. )V. "-E LICENSE AGREEMENT AT ROSEMEAD PARK THIS LICENSE AGREEMENT is made and entered into this 27th day of January, 1998, 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 February 4, 1998 and terminating June 30, 1998, 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. -1- 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. _2_ 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 any 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. -3- 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 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. -4- 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 box, and any such notice and the envelope containing the same shall be addressed to the Licensee, Louisa Rios, 4736 N. La Presa, Rosemead, California 91770, 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, 8838 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. -5- 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 Bar. 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. -6- IN WITNESS WHEREOF, 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 City of Rosemead Mayor of the City of Rosemead ATTEST: City Clerk Dated: -7-