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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 Page 2 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. Page 3 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; Page 4 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 Page 5 "LICENSOR" CITY OF SAN JUAN S. "LICENSEE" CAPISTRANO GIRLS SOFTBALL rVi