04-0921_A Y S O REGION 87_D12_Agenda Report0
AGENDA REPORT
TO: Dave Adams, City Manager
FROM: Al King, Jr., Community Services Director
• 9/21/2004
D12
SUBJECT: Consideration of License Agreement for Use of the Concession Stand at the
San Juan Capistrano Sports Park and Cook Park/Cordova
(AYSO Region 87)
RECOMMENDATION:
By motion, approve the License Agreement between the City of San Juan Capistrano and
AYSO Region 87 for use of the concession stand at the San Juan Capistrano Sports Park
and Cook Park/Cordova for the period of September 22, 2004, to January 31, 2005.
SITUATION:
A. Summary and Recommendation
A license agreement for AYSO Region 87 to operate the concession stand for the
period of September 22, 2004, through January 31, 2005, at the San Juan
Capistrano Sports Park and Cook Park/Cordova is attached for City Council
consideration. Operations of the concession stand by AYSO Region 87 will be for
their regular season play and all-star games.
The agreement identifies regulations and conditions of the concession stand, which
include signs and advertisements, hours of operation, food and beverage products,
maintenance and cleanliness, equipment, vehicles, concessionaires, walk-throughs,
inspections and permits.
B. Background
The San Juan Sports Park and Cook Park concession stands have been used by
AYSO on an annual basis.
In the past years, the organization has been in compliance with all the rules and
regulations, which are identified in their annual agreement.
COMMISSION/BOARD REVIEW, RECOMMENDATION:
This item was forwarded to the Parks, Recreation & Equestrian Commission as an
information -only item. No formal action by the Commission is necessary.
F
Agenda Report
Page 2
FINANCIAL CONSIDERATIONS:
September 21, 2004
In exchange for the use of the concession stands, AYSO agrees to assist the City with
in-kind services for general maintenance of the Sports Park and Cook Park/Cordova, which
also includes the concession stand. Community Services will coordinate with AYSO and
the Public Works Department to determine the most appropriate and highest priority for in-
kind assistance. AYSO Region 87 will retain all proceeds from the operation of the
concession stand.
PUBLIC NOTIFICATION:
AYSO Region 87
Mike Schmidt, Commissioner'
"Agenda Report Included
RECOMMENDATION:
By motion, approve the License Agreement between the City of San Juan Capistrano and
AYSO Region 87 for use of the concession stand at the San Juan Capistrano Sports Park
and Cook Park/Cordova for the period of September 22, 2004, to January 31, 2005.
Respectfully submitted,
L:y4v
Al King, Jr.
Community Services Director
AK:KC:de
Prepared by,
Ko j
Karen Crocker ,--
Community Services Manager
Attachments: 1. Location Map
2. Agreement between the City of San Juan Capistrano and AYSO
Region 87 for Use of Concession Stand
Attachment 1
0
LICENSE AGREEMENT
BETWEEN CITY OF SAN JUAN CAPISTRANO
AND AYSO REGION 87
FOR USE OF CONCESSION STAND AT
SAN JUAN CAPISTRANO SPORTS PARK AND COOK PARK/CORDOVA
THIS LICENSE AGREEMENT is made as of the 2151 day of September, 2004, by
and between the CITY OF SAN JUAN CAPISTRANO, hereinafter called "Licensor' and AYSO
REGION 87, hereinafter called "Licensee."
WITNESSETH:
WHEREAS, Licensor desires to grant the right for Licensee to operate the concession
stand at the San Juan Capistrano Sports Park and Cook Park/Cordova; and
WHEREAS, Licensee shall be granted the right to vend refreshments and food items
from the concession stand at the San Juan Capistrano Sports Park and Cook Park/Cordova
upon the below -stated terms and conditions,
NOW, THEREFORE, Licensor and Licensee mutually agree as follows:
SECTION 1 License to Operate the Sports Park Cook Park/Cordova Concession
Stand.
Licensor hereby grants to Licensee a non-exclusive license for the purpose of allowing
Licensee to operate the existing Sports Park and Cook Park/Cordova concession stand. This
license is limited to operation of the concession stand for Licensee functions only.
Licensee agrees to allow San Juan Little League or Capistrano Girls Softball
organizations to utilize the concession stand for a special tournament if requested during the
term of this Agreement. Licensee will secure all consumable items to allow use by the other
youth sport organization.
SECTION 2. Signs and Advertisements.
All signs or advertising shall comply with the City's Municipal Code sign ordinance and
shall be reviewed by the Community Services Department and approved by the Planning
Department.
ATTACHMENT
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SECTION 3. Hours of Operation.
The concession stand hours will be in compliance with Administrative Policy No. 607:
Cook Park/Cordova
San Juan Capistrano Sports Park
8:00 a.m. — Dusk
9:00 a.m. — Dusk
8:00 a.m. — 9:30 p.m.
9:00 a.m. — 9:30 p.m.
SECTION 4. Food and Beverage Products.
Monday — Saturday
Sunday
Monday — Saturday
Sunday
Concession stand sales shall be limited to food, beverages, confectionaries and
promotional merchandise. The sale of alcoholic beverages, tobacco products, sunflower
seeds and gum is prohibited. All items are to be sold from inside the concession stand and
no other location on the Sports Park premises, with the exception of promotional merchandise
which may be sold outside adjacent to the concession stand.
SECTION 5. Recycling Program.
In compliance with the City's recycling program, the licensee shall obey recycling
requirements. Beverages shall be served in plastic bottles or aluminum cans. No glass
containers are allowed. Paper cups will also be required, no styrofoam or waxed -lined cups
are allowed.
Bulk condiment dispensers will be required, as opposed to individual wrapped
packages of ketchup, mustard, relish, sugar, dry creamer, etc.
SECTION 6. Maintenance and Cleanliness.
Licensee shall maintain, at its sole expense, the concession stand facility and all
related equipment necessaryfor the operation of the concession stand during the term of the
License Agreement. The City's Public Works Department will repair any and all damages to
the concession stand. Licensee shall reimburse the Licensor for any and all costs of
maintenance and repairs incurred by the Licensor as a result of Licensee's use of the
concession stand.
The concession stand must be cleaned and sanitized after each use of the concession
stand including, but not limited to, wiping down and removing all debris from counter tops,
shelves, sinks, appliances, walls and floors. All trash is to be removed from the concession
stand at the conclusion of each Licensee activity. It is the responsibility of Licensee to keep
the premises and area within thirty (30) feet surrounding the concession stand free of trash
and debris.
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Trash cans in the plaza area shall be emptied throughout the day to ensure no
overflow of trash onto the premises. All trash in the plaza and concession stand shall be
bagged and dumped in the Licensor -provided dumpster at the conclusion of the day.
Licensee agrees to operate and maintain the concession stand in compliance with
County of Orange Health Department regulations.
SECTION 7. Equipment.
Any and all equipment, either replacement or new, must be provided and maintained
by Licensee. Licensor assumes no responsibility for the sharing of concession stand
equipment between Licensee and San Juan Little League. All equipment must be in good
operable condition, and an electrical inspection by the Licensor will be performed prior to the
first day of concession stand operations. All equipment must be removed by Licensee from
the concession stand at the end of License Agreement term, which is January 31, 2005. Any
and all equipment left in the concession stand following the end of the License Agreement
term will become the property of the Licensor unless prior arrangements have been made
with San Juan Little League.
A First Aid kit shall be available at all times and adequately supplied with bandages,
ice packs, etc., and placed in a visible location within the concession stand.
A fire extinguisher shall be placed in a visible location and inspected regularly by the
Orange County Fire Authority.
SECTION 8. Telephone.
San Juan Little League has installed a telephone at their own expense in the San Juan
Capistrano Sports Park concession stand. San Juan Little League will make the telephone
available to AYSO if desired. Licensor assumes no responsibility for the sharing and billing
arrangements between Licensee and San Juan Little League.
SECTION 9. Vehicles.
Vehicles are prohibited from plaza area. All loading and unloading of concession stand
supplies shall take place at curbside of the parking lot.
SECTION 10. Unilateral Assignment of License Prohibited.
Licensee shall not assign or transfer vending operations to a private business or
concessionaire without prior written approval from the Licensor.
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SECTION 11. Term of License Agreement.
The term of the license shall be for a period of five (5) months, from
September 22, 2004 through January 31, 2005. Licensor reserves the right to terminate
License Agreement without cause by providing five (5) days advance notice of termination to
Licensee.
SECTION 12. Non -Seasonal Operation.
Licensee shall have the right to request use of the concession stand for special
tournaments and non -seasonal dates that fall outside the primary season of
September 22, 2004, through January 31, 2005. The Licensor shall consider such request in
accordance with other youth sports organization's use of the concession stand during their
primary season. Permission may be granted to utilize the concession stand for a
non -seasonal use if the request does not conflict with other youth sports organization's
primary season dates. All requirements, regulations, conditions, and operational specifications
of this License Agreement shall remain in place, and Licensee agrees to comply with these
stipulations in conjunction with any non -seasonal use.
SECTION 13. Consideration.
In exchange for consideration of use of the concession stand during the term of the
License Agreement, Licensee is to assist with overseeding/sodding of the soccer fields.
SECTION 14. Walk -Through.
On or after September 22, 2004, Licensee and Licensor will perform a walk-through
of the concession stand for the purpose of inspection and to relinquish the concession stand
over to Licensee. On or before January 31, 2005, a follow-up walk-through will be performed
between Licensee and Licensorforthe purpose of inspection and relinquishing Licensee from
concession stand responsibility.
At the end of term of License Agreement, the concession stand shall be left in the
same condition as it was when relinquished to Licensee during the initial inspection. Licensee
shall be responsible for all expenses incurred by Licensor for property damage arising out of
the concession operation under this License Agreement.
SECTION 15. Inspections.
The Licensor shall have the right to enter the concession stand at any time during the
term of this License Agreement for inspection purposes. Inspections shall not hinder the
normal operation of concession stand and, when at all possible, Licensee will be notified of
inspection and inspection shall be scheduled with a representative of Licensee.
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i
SECTION 16. Permits/Licensing/Fees.
Licensee shall be solely responsible for obtaining all permits and licenses required by
local, county, state or federal government and payment of any and all fees associated
therewith.
SECTION 17. Taxes.
Licensee shall be solely responsible for all taxes required by local, county, state or
federal government with respect to all aspects of the concession stand operation.
SECTION 18. Independent Contractor.
Licensee shall be deemed at all times as an independent contractor and not an
employee of the Licensor. All persons employed to provide services under this License
Agreement shall be employees or contractors of Licensee and shall not be deemed
employees of Licensor for any reason or purpose.
SECTION 19. Insurance and Indemnification Reauirements.
Licensee shall submit to the Licensor:
A certificate of general liability insurance naming the Licensor as additional
insured in the amount of $1,000,000 per occurrence;
An insurance endorsement form proving that the above -listed liability insurance
is in legal force.
Licensee shall indemnify, defend, and hold harmless the Licensor and its officers and
employees against all liabilities or claims of liability or loss (including reasonable
attorney fees, related costs and expenses) because of death, personal injury or
property damage arising or resulting from the acts or omissions of Licensee, its
employees or agents, in its operations under this License Agreement.
SECTION 20. Notice.
All notices shall be personally delivered or mailed to the below listed addresses, or to
such other addresses as may be designated by written notice. These addresses shall be
used for delivery of service of process:
To Licensor: Attn: Community Services Director
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
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To Licensee: Attn: Mike Schmidt, Commissioner
AYSO Region 87
3833 Vista Blanca
San Clemente, CA 92672
IN WITNESS WHEREOF, the parties have executed this License Agreement the day
and year first hereinabove written.
"LICENSOR"
CITY OF SAN JUAN CAPISTRANO
a
Joe Soto, Mayor
"LICENSEE"
AYSO REGION 87
By 4�&
Mike Schmidt, Commissioner
ATTEST:
Margaret R. Monahan, City Clerk
APPROVED AS TO FORM:
John R. Si w, City Attorney
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