CC - Item 4H - Approval of Snack Bar Agreement - Rosemead American Little League JS E M P
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TO: FRANK G. TRIPEPI, CITY MANAGER
FROM: MICHAEL D. BURBANK, DIRECTOR OF PARKS AND RECREATIO
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DATE: JANUARY 22, 1997
RE: APPROVAL OF SNACK BAR AGREEMENT - ROSEMEAD AMERICAN LITTLE
LEAGUE
Attached for review and consideration is the agreement with the
Rosemead American Little League for the use of the Snack Bar at
Garvey Park for this season.
Enclosed is a copy of a letter from the Lady Hawks Softball
Organization which indicates that they have moved their program to
the Jess Gonzalez Sports Complex. This change should resolve the
dual use of the snack bar at Garvey Park.
RECOMMENDATION:
It is recommended that the Rosemead City Council approve the
Agreement and authorize it's execution by the Mayor.
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07-N-B4S
COUNCIL AGENDA
JAN 2 81997
ITEM No. "--AL
LICENSE AGREEMENT AT GARVEY MEMORIAL PARK
Rosemead American Little League
THIS LICENSE AGREEMENT is made and entered into this 28th day of
January, 1997, by and between the City of Rosemead, a municipal
corporation, hereinafter referred to as "City" and the Rosemead American
Little League hereafter referred to as "licensee" .
WHEREAS, the City is the owner of that certain public park known
as Garvey Memorial; 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
Garvey Memorial 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 of time, commencing March 1st and terminating July 26th, subject to
earlier termination as herein provided, 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 Garvey
Memorial 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.
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.
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.
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 at John Adargaz , 8069 E. Garvey
Avenue, P.O. Box 36 , 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 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.
16. Additional Conditions
A) Days and Hours of Operation:
The Rosemead American Little League Organization will
operate the refreshment stand on the day and hours indicated
below.
Mon, Tue, Wed, Thurs, Fri: 4 : 00 p.m. - 10: 00 p.m.
Saturday: 7 : 00 a.m. - 10: 00 p.m.
Sunday: 12 : 00 p.m. - 7 : 00 p.m.
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B) Opening Day: March 15, 1997
C) League Play Begins: March 15 , 1997
D) Closing Day: July 12 , 1997 - Tentative
E) Cleaning and Removal of Supplies and or Equipment
1) The organization, 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 indicate, below, and
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 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.
2) Rosemead American Little League: Shall remove all
supplies, equipment, clean the interior and vacate
the snack bar no later than July 26, 1997 .
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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.
CL
Licensee Mayor of the City of Rosemead
ATTEST: City Clerk
Dated:
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10-31-1996 11:12AM FROM IP REHAB SRUCS TO 93079218 P.01
(-1iLLady Hawks Softball Organization
Dear Mr. Michael Burbank;
This letter is to inform you of our organizations decision to move to the sports
complex on Klingerman Avenue in Rosemead, beginning in the 1997 season.
We wish to have the use of the facility on Monday's, Wendesday's, and Saturday's for
the duration of the 1997 season.
Thank you for your assistance in the matter. If you have any additional questions
please feel free to contact me.
Sincerely,
Henry Ballesteros
President
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