CC - Item 4C - Approval of Concession Stand License Agreement - Rosemead Youth Associationr 1
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TO: BILL CROWE, CITY MANAGER
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FROM: MICHAEL D. BURBANK, DIRECTOR OF PARKS AND RECREA
DATE: FEBRUARY 1, 2005
RE: APPROVAL OF CONCESSION STAND LICENSE AGREEMENT -
ROSEMEAD YOUTH ASSOCIATION
The Rosemead Youth Association (R.Y.A.) has requested the use of the concession stands
at Garvey and Rosemead Parks from February 9, 2005 through July 31, 2005.
RECOMMENDATION:
It is recommended that the Rosemead City Council approve the License Agreement and
authorize its execution by the Mayor.
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2005
ITEM No. °.1,-V- - Gc~
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LICENSE AGREEMENT AT ROSEMEAD AND GARVEY PARKS
THIS LICENSE AGREEMENT is made and entered into this 8th day of
February, 2005, 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 parks known as
Rosemead and Garvey Parks; 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 and Garvey Parks are 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 9, 2005 and terminating July 31, 2005, the privilege of operating
refreshment stands for the purpose of selling soft drinks, coffee, candy, hot dogs and
other similar items during the regular hours when Rosemead and Garvey Parks are
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 Parks 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 Parks.
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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 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.
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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
shalldefend, 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 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.
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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 box, and any such notice and the envelope
containing the same shall be addressed to the Licensee (Christopher Camonte,
President), at 3223 N. Evelyn, Rosemead, CA 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.
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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 clean the Snack Bars and remove all supplies by
the dates indicated and;
b) All trash around the outside of the Snack Bars 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 Bars.
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 Bars.
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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=cs 4yC .
Licensee
ATTEST: City Clerk
City of Rosemead
Mayor of the City of Rosemead
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