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1998-0901_AYSO REGION 87_License Agreement LICENSE AGREEMENT BETWEEN CITY OF SAN JUAN CAPISTRANO AND AYSO REGION 87 FOR USE OF CONCESSION STAND AT SAN JUAN CAPISTRANO SPORTS PARK THIS LICENSE AGREEMENT is made as of the 1st Day of September, 1998, by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter called "Licensor" and AYSO REGION 87, hereinafter called"Licensee." WITNES SETH: WHEREAS, Licensor desires to grant the right for Licensee to operate the concession stand at the San Juan Capistrano Sports Park; 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 upon the below-stated terms and conditions, NOW, THEREFORE, Licensor and Licensee mutually agree as follows: SECTION 1. LICENSE TO OPERATE THE SPORTS PARK CONCESSION STAND Licensor hereby grants to Licensee a non-exclusive license for the purpose of allowing Licensee to operate the existing Sports Park 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 Valley Bobby Sox 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. SECTION 3. HOURS OF OPERATION The concession stand hours of operation shall be within the hours of 8:00 am-9:30 pm, Monday through Saturday, and 9:00 am-9:30 pm on Sundays, which is in compliance with Administrative Policy No. 607 regarding hours of operation for athletic fields. SECTION 4. FOOD AND BEVERAGE PRODUCTS 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. MAINTENANCE AND CLEANLINESS Licensee shall maintain, at its sole expense, the concession stand facility and all related equipment necessary for 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. 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 6. 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, 1999. 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. Page 2 SECTION 7. 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 8. 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. SECTION 9. TERM OF LICENSE AGREEMENT The term of the license shall be for a period of six (6) months, from September 1, 1998, through January 31, 1999. Licensor reserves the right to terminate License Agreement without cause by providing five (5) days advance notice of termination to Licensee. SECTION 10. 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 1, 1998, through January 31, 1999. 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 11. CONSIDERATION In exchange for consideration of use of the concession stand during the term of the License Agreement, Licensee is to assist with overseeding of the soccer fields. SECTION 12. WALK-THROUGH On or after September 1, 1998, 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, 1999, a follow-up walk-through will be performed between Licensee and Licensor for the 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. Page 3 SECTION 13. 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. SECTION 14. 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 15. 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 16. 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 17. INSURANCE AND INDEMNIFICATION REQUIREMENTS 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's 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. Page 4 IN WITNESS WHEREOF, the parties have executed this License Agreement the day and year first hereinabove written. "LICENSOR" !`� _ -- CITY OF SAN JkJAN CAPIST4ANO , ,:- - / By / G 1 Jone ' or "LICENSEE" AYSO REGION 87 By !IA! _I Dal- Ho -, ommissioner ATTEST: 40 tV/i .____ City Clerk APPROVED AS TO FORM: Jill R. Shaw C Attorne ' Page 5