CC - Item 4D - Garvey Park Snack Bar License AgreementE M E,
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ROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: OLIVER CHI, CITY MANAGER
DATE: JANUARY 22, 2008
SUBJECT: APPROVAL OF LICENSE AGREEMENT WITH THE ROSEMEAD
YOUTH ASSOCIATION FOR THE USE OF THE GARVEY PARK
SNACK BAR
SUMMARY
For many years, the Rosemead Youth Association, a youth baseball organization, has
utilized the Snack Bar at Rosemead Park during their baseball season as a type of a
fundraiser and service to the Park patrons. This year they are also requesting the use
of the Garvey Park Snack Bar.
They are requesting that they be allowed to operate it again from February 1, 2008 -
August 1, 2008.
Staff Recommendation
Staff recommends that the Rosemead Youth Association be allowed to operate the
Snack Bar at Garvey Park and that the Mayor be authorized to execute the attached
License Agreement (Attachment A).
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Submitted by:
J AN SCOTT
Interim Director of Parks and Recreation
Attachment A: License Agreement at Rosemead Park
APPROVED FOR CITY COUNCIL AGENDA: 6
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a~ LICENSE AGREEMENT AT GARVEY PARK
THIS LICENSE AGREEMENT is made and entered into this 22nd day of
January, 2008, 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
Garvey 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 Garvey Park is open to the
pubic; 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 the reputable party;
NOW, THEREFORE, in consideration of the mutual promises, covenants
and conditions hereafter contained, said parties agree as follows:
City does hereby license and give unto Licensee, for a period
commencing February 1, 2008 and terminating July 1, 2008, 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 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.
Licensee agrees to maintain the Park free from all litter
caused by the concession.
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 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
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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 right 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 giving to Licensee ten (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 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 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 at 232 E. Emerson Avenue, Apt. A, Monterey Park,
CA 91755, Sergio Nava, President, or such other place as may hereinafter be
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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 E. 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 Licensees any interests therein.
16. Additional Conditions
A. Cleaning and Removal of Supplies and/or Equipment
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 cleans the Snack Bar and removes all
supplies by the dates indicated 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. Each 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.
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
ATTEST: City Clerk