CC - Item 4G - Rosemead Park Snack Bar•
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ROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR ANDCITY COUNCIL
FROM: OLIVER CHI, CITY MANAGER
DATE: AUGUST.26, 2008 IOU
SUBJECT: APPROVAL OF LICENSE AGREEMENT WITH AYSO REGION 40 FOR
THE USE OF THE ROSEMEAD PARK SNACK BAR
SUMMARY
For a number of years, Region 40 of the American Youth Soccer Organization (AYSO)
has used the Snack Bar at Rosemead Park during their soccer season as a means of
fundraising and to serve park patrons. This year, they are once again requesting use of
the Snack Bar from September 1 through December 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.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
DAVI=OMERY-SCOTT
Parks n eation Director
Attachment A: License Agreement at Rosemead Park
APPROVED FOR CITY COUNCIL AGENDA: D
ITEM NUMBER:
•
LICENSE AGREEMENT AT ROSEMEAD PARK
THIS LICENSE AGREEMENT is made and entered into this 26th day of August,
2008, by and between the City of Rosemead, a municipal corporation, hereinafter
referred to as "City" and the American Youth Soccer Organization 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 September 1, 2008 and terminating December 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 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.
License Agreement - RYA
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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.
License Agreement - RYA
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.
License Agreement - RYA
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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, Hugo Correa,
Commissioner, 605 Sycamore Drive, San Gabriel, California 91775, 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, 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.
License Agreement - RYA
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, 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 has executed this agreement or caused it to be duly
executed, the day and year first above written.
Licensee
ATTEST: City Clerk
Dated:
City of Rosemead
License Agreement - RYA
City of Rosemead • + A sm
Parks & Recreation Department
8838 E. Valley Boulevard, Rosemead, CA 91770
626-569-2160
APPLICATION FOR USE OF FACILITIES
Name of Facility: R o5e Meav Pork Area/Rm Desired: sYp`k lTotal Attendance: X00
Day(s) of the week: Sa'y~- Date(s) of use: 5g fw( S I G I `y
Time: 0- 5 p .xyx (Please be sure to include decorating and/or clean-up time)
Type ofActivity.• AL SCE `1cvmm IKi_tchen Use: Yes:" No.•_Time:
Name of Applicant (Print): El O it `z ~ /~Cro Car f p antis 18 years or older:
/I-
Name of Organization: Mss IC-Liu _ 4142" Title: rj,~,c r "Lt ,44a
Address: 2O 13Jw VbOcI /,5m t &-A6rrW 0.j. / 917
Street City Zip
Home Phone: bZ to•'ZtP_* -"S3q(l v Cell Phone. bz6- LzZ - ! o7-fr-
Work Phone:
E-mail Address: e ~J t ~w e4o UL-`
"heck One: _ Members/or Guest - $
Public/Donation $
Public/No Charge
Public/Admission - $
I hereby certify that [ have read and will abide by all rules and regulations of the City. As a duly authorized
representative of the sponsoring organization, & on behalf of the sponsoring organization, I agree to save, keep
and bear harmless the City & all its officers & agents from all damages, cost of expense in law or equity
(including costs of suit & expense for legal services) that may at any time arise or be set-up because of damages
to property or death or injury to persons received or suffered by any reason of the operation of this organization
hereunder, or which may be occasioned by any negligent act or omission to act which amounts to negligence on
the part of sponsoring organization or any or its agents or employees which results in a dangerous or defective
condition of property, or any damages occasioned n neglige c omission to act which amounts to
negligence on the part of the City, its agents o mpl yees i vor o ither the sponsoring organization, its
agents or employees or invitees of said spo orm rga ation. /
APPLICANT'S SIGNATURE:
(APPLICATE MUST
FACILITY SUPER VISOR
Is facility available? Yew o_
Date Received/!/ /U
Date Approved
AMOUNT DUE S
(DEPOSIT AMT.$.
INVOICE NO.
OFFICE COPY
I
to /)L/(Y&~
DURING THE EVENT)
OFFICE INFORMATION
Date Received 1)
2)
Date Amt. Due:
IPPROVED DISAPPROVED
Parks and Recreation
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