03-0304_CAPISTRANO GIRLS SOFTBALL_License AgreementLICENSE AGREEMENT
BETWEEN CITY OF SAN JUAN CAPISTRANO
AND CAPISTRANO GIRLS SOFTBALL
FOR USE OF CONCESSION STAND AT
COOK PARK CORDOVA
THIS LICENSE AGREEMENT is made as of the 4`" Day of March, 2003, by
and between the CITY OF SAN JUAN CAPISTRANO, hereinafter called "Licensor" and
Capistrano Girls Softball, hereinafter called "Licensee."
WITNESSETH:
WHEREAS, Licensor desires to grant the right for Licensee to operate the
concession stand at Cook Park Cordova; and
WHEREAS, Licensee shall be granted the right to vend refreshments and food
items from the concession stand at Cook Park Cordova upon the below -stated terms
and conditions,
NOW, THEREFORE, Licensor and Licensee mutually agree as follows:
SECTION 1. LICENSE TO OPERATE COOK PARK CORDOVA CONCESSION
STAND
Licensor hereby grants to Licensee a non-exclusive license for the purpose of
allowing Licensee to operate the existing Cook Park Cordova concession stand. This
license is limited to operation of the concession stand for Licensee functions only.
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 -dusk, Monday through Saturday, and 9:00 am -dusk on Sundays, which is in
compliance with Administrative Policy No. 607 regarding hours of operation for athletic
fields.
ATTACHMENT
SECTION 4. FOOD AND BEVERAGE PRODUCTS
Concession stand sales shall be limited to food, beverages, confectionaries and
promotional merchandise. The sale of alcoholic beverages and tobacco products 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 individually 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 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 throughout the park shall be emptied throughout the day to ensure
no overflow of trash onto the premises. All trash in the park 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 AYSO Region 87. All equipment
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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 August 2, 2003. 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 written arrangements have been made with Licensor or AYSO Region 87.
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. VEHICLES
Vehicles are prohibited in the park. All loading and unloading of concession
stand supplies shall take place at curbside of the street.
SECTION 9. 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 10. TERM OF LICENSE AGREEMENT
The term of the license shall be for a period of five (5) months, from
March 4, 2003, through August 2, 2003. Licensor reserves the right to terminate
License Agreement without cause by providing five (5) days advance notice of
termination to Licensee.
SECTION 11. 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
March 4, 2003, through August 2, 2003. The Licensor shall consider such request in
accordance with other youth sports organizations' 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 organizations'
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.
Licensor grants permission for AYSO to utilize the concession stand for possible
spring soccer tournaments. AYSO shall comply with all requirements, regulations,
conditions and operational specifications of their License Agreement in conjunction with
non -seasonal use.
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SECTION 12. CONSIDERATION
In exchange for consideration of use of the concession stand during the term of
the License Agreement, Licensee is to assist with daily maintenance of the infields.
SECTION 13. WALK-THROUGH
On or after March 4, 2003, 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 August 2, 2003, 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.
SECTION 14. 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 15. 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 16. 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 17. 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 18. 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;
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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.
IN WITNESS WHEREOF, the parties have executed this License Agreement the
day and year first hereinabove written.
ATTEST:
John R. Sh%w, City Attorney
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"LICENSOR"
CITY OF SAN JUAN
S.
"LICENSEE"
CAPISTRANO GIRLS SOFTBALL
rVi