1995-0418_CONTE PRODUCTIONS_License Agreement First Amd0 •
First Amendment to Ucense Agreement
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This first Amendment to License Agreement is made and entered into this /9" day of
April 1995, by and between the City of San Juan Capistrano, a municipal corporation,
hereinafter referred to as "Licensor," and Conte Productions, hereinafter referred to as
"Licensee."
RECITALS
A. Licensor and Licensee entered into License Agreement for use of Public Property
on March 21, 1995, hereinafter referred to as "Original Agreement."
B. Original Agreement requires Licensee to maintain in full force and effect
comprehensive automotive liability insurance in an amount not less than five
hundred thousand dollars ($500,000) combined single limit per accident covering
owned, non -owned and hired vehicles.
C. Licensee has requested a waiver of the automobile insurance requirement
because Licensee does not own or operate commercial vehicles nor does
Licensee use personal vehicles in conjunction with exercise of License
Agreement.
AGREEMENT
Now therefore, in consideration of the foregoing recitals which are incorporated herein
by this reference, and the terms and conditions set forth in this first amendment, the
parties hereby agree as follows:
1. Licensor agrees to waive Section 5 Subsection (3) of the original agreement
regarding Comprehensive Automobile Insurance requirements.
2. Licensee agrees to provide Licensor with Certificate of Personal Automobile
Insurance with Licensor named as Certificate Holder in the following amounts:
$ 50,000 Property Damage
$100,000 Bodily injury to one person/per occurrence
$300,000 Bodily injury to more than one person/per occurrence
3. Except to the extent the Original Agreement is modified by this First Amendment,
the remaining terms and provisions of the Original Agreement shall remain
unmodified and in full force and effect. If any ambiguity exist between this First
Amendment and Original Agreement, this First Amendment shall control.
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IN WITNESS WHEREOF, the parties have executed this amendment as of the day and
year above written.
Approved to Form
, �z
ichard Denhalter, City Attorney
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City of San Juan Capistrano
(Licensor)
Conte Productions
(Licensee)
Mark Conte, Principal
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This License Agreement is made this 21 st day of March, 1995 by and between the City of San Juan
Capistrano, a municipal corporation, hereinafter referred to as "Licensor," and Conte Productions,
hereinafter referred to as "Licensee."
WITNESSETH
WHEREAS, the Licensor desires to establish a downtown, open air marketplace to revitalize
the downtown area; and,
WHEREAS, the City wishes to encourage the operation of a downtown marketplace; and,
WHEREAS, the Licensee's business is that of providing special events production and
promotion, and represents them as duly qualified to operate such events.
NOW, THEREFORE, it is hereby agreed by and between the parties hereto as follows:
Licensor hereby agrees to provide a License Agreement to Licensee for certain public
property described as the public right-of-way on Ortega Highway between El Camino Real and
Camino Capistrano, and on Camino Capistrano from the Mission Hacienda Development to Verdugo
Street. The site is more particularly depicted in Exhibit A. The purpose of this License Agreement
is to enable Licensee to use said public property for conducting a monthly open air street fair or
marketplace. Licensee shall not use this land area for any other purpose.
Licensor shall pay Licensee $3,000 in advance to be used as seed funds for marketing,
promotion and pre -event expenses. This cash advance will be considered minimum guarantee to
the Licensor for which the Licensee will operate a minimum of three festivals, April, May, June
1995.
As compensation for License Agreements, Licensee will share ten percent (10%) of profits
(all revenues and receipts less operating and management expenses) upon reimbursement of seed
monies and traffic control expenses.
Licensee shall reimburse Licensor the cost of seed money and traffic control expenses in the
following manner: Licensee shall pay Licensor the cost to set up and remove traffic control devices
as part of the operating expenses. Licensee shall reimburse Licensor's seed money be paying Licensor
forty percent (401/6) of all revenues and receipts derived from Licensee's Festival Series less the cost
of event expenses (like insurance, traffic closure, encroachment permit, business licenses, and other
operating costs) and Licensee's $3,500 management fee, until all $3,000 seed money is recovered at
which time Licensor's share of profits will be reduced back to ten percent (10%). The Licensor's
ID 0
share of the revenues shall be payable thirty (30) days after each event held.
The Licensor shall be allowed, with prior notification, to examine and review the records of
the Licensee pertaining to the Festival Series.
This License Agreement shall be for a period of one (1) year beginning March 21, 1995.
Licensor reserves the right to terminate this License Agreement by giving Licensee thirty (30) days
advance written notice of termination. Licensee shall have the same right to termination.
Licensee shall be solely responsible for the promotion, operation and management of the
Marketplace. Licensor shall be responsible for traffic closure plan and set up and removal of traffic
control devices. Duties and responsibilities are more particularly described in Exhibit "13. "
Licensee shall procure and maintain for the duration of the agreement and any extensions or renewals
thereof, insurance against claims for injuries to persons or damages to property that may arise from
or in connection with the promotion, operation, and management or the performance of conditions
hereunder by Licensee for the open-air marketplace.
1) Comprehensive General Liability. Licensee shall maintain in full force and
effect comprehensive general liability coverage, including premises operations, products/completed
operations, personal injury, fire, broad form property damage and blanket contractual liability in the
following minimum amounts:
$1,000,000 property damage;
$1,000,000 personal injury to one person/any one occurrence/not limited to
contractual period;
$1,000,000 products;
$1,000,000 injury to more than one person/any one occurrence/not limited to
contractual period;
$50,000 fire damage (any one fire);
2) Worker's Compensation. If Licensee employs employees to perform
services under this Agreement, Consultant shall obtain and maintain, during the life of this
Agreement, Worker's Compensation Employer's Liability Insurance in the statutory amount as
required by state law.
0 0
3) Automobile Liability. Automobile liability insurance in an amount not less
than five hundred thousand dollars ( $500,000 ) combined single limit per accident for bodily
injury and property damage covering owned and non -owned and hired vehicles.
These policies shall not terminate, nor shall they be canceled nor the coverage
reduced until after thirty (30) days' written notice is given to the Licensor.
Prior to beginning work, Licensee shall provide to Licensor certificates of
insurance establishing that the required insurance coverages have been secured by Licensee.
Licensee shall provide an endorsement to Licensor establishing that Licensor has been legally
added as an additional insured to the insurance policies required under this Agreement.
Licensee shall not transfer, encumber, assign or hypothecate this License Agreement in
whole or in part, whether voluntarily or involuntarily, nor sublet all or any part of this License
Agreement without the prior written consent of Licensor.
Licensee shall be responsible for all injuries to persons and for damages to real or personal
property of Licensor, caused by or resulting from any activity or operation of Licensee, its
employees or its agents during the progress of or connected with the rendition of services
hereunder. Licensee shall defend and hold harmless and indemnify Licensor and all officers and
employees of the Licensor from all costs and claims for damages to real or personal property or
personal injury to any third party resulting from the activity of itself, employees or its agents.
Licensor reserves the right to allow other parties to utilize the subject land area for any
purpose which Licensor may so designate. Licensor shall reasonably cooperate with Licensee by
providing advance written notice of other potential uses which Licensor may place upon the property.
Licensee represents and warrants to Licensor that they have all licenses, permits, qualifications
and approvals of whatever nature that are legally required to operate events. Licensee shall keep in
effect at all times during the term of this License Agreement, all necessary licenses, permits, or
approvals to operate events.
Licensee shall maintain all books, documents, papers, vendor sign-up sheets, accounting and
tax records, and/or other evidence pertaining to Marketplace, -and shall make such material available
at their respective offices at all reasonable times during the contract period for inspection by Licensor,
a •
and copies shall be furnished if requested.
Licensee shall maintain all instruments required by Section 6073 and 6073.1 of the California
Revenue and Taxation Code including, but not limited to, State Board of Equalization Multi -Purpose
Form BT -41 0-D (Local Tax Allocation for Temporary Sales Locations).
Any notices required to be given under this License Agreement shall be sent to the following
parties:
City of San Juan Capistrano
Attn: City Manager's Office
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Phone Number: (714) 493-1171
Conte Productions
Attn: Mark Conte
212 Yacht Club Way, Suite A-12
Redondo Beach, CA 90277
Phone Number: (310) 798-2488
Exhibits "A" through "B" are attached and incorporated in this License Agreement by
reference.
ONE ► I tI w4x"u
This License Agreement contains the entire agreement of the parties hereto with respect to
the matters covered hereby, and no other previous agreement, statement or promise made by any
party hereto which is not contained herein shall be binding or valid.
IN WITNESS WHEREOF, Licensor and Licensee have caused this License Agreement
to be executed on the day and year first hereinabove written.
as
Attest:
L
Cheryl Johnson,
eL 2 y eCwIZ-_
CITY OF SAN JUAN CAPISTRANO
(Lice
Carolyn Nas , Mayor
CONTE PRODUCTIONS
(Licensee
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PROMOTE:
a. Promote the San Juan Capistrano Mission Festival Series on the downtown streets
of Ortega Highway and Camino Capistrano to be held on the third Thursday of every
month beginning in April and ending in October from 5:00 p.m. to 9:00 p.m.; and,
b. Promote and advertise the San Juan Capistrano Mission Festival Series utilizing the
location described as "Historic Town Center" in downtown San Juan Capistrano;
and,
C. Promote and advertise a positive image of San Juan Capistrano to a regional market
area; and,
d. Promote and advertise the San Juan Capistrano Mission Festival Series as a place to
purchase products, goods, and services.
MANAGE:
a. Coordinate and book live entertainment and special attractions for each event; and,
b. Process applications and select participating vendors, exhibitors and artisans, (with
priority given to local business residents and non-profit groups); and,
C. Secure all necessary insurance coverage, permits, and licenses; and,
d. Conduct the San Juan Capistrano Mission Festival Series to attract a family-oriented
patronage, and as a wholesome community attraction; and,
e. Handle complaints, claims, traffic violation, injuries and disagreements among
vendors.
f. Meet with City Staff relating to San Juan Mission Festival Series.
OPERATE:
a. Secure crowd control, security, waste receptacles, port -a -potties, clean-up and closure
of each event; and,
b. Handle all telephone inquiries; and,
C. Provide supplemental lighting and electrical power, if necessary; and,
0 •
d. Provide advertising vehicles for the San Juan Capistrano Mission Festival Series.
a. Develop a Traffic Control Plan for the San Juan Capistrano Mission Festival Series;
and,
b. Provide traffic control devices; and,
C. Provide street closure and special activities permits; and,
d. Install street banner advertising event; and,
e. Help coordinate health, fire and police departments' processes; and,
f. Install and remove City provided traffic control devices per City approved Traffic
Control Plan for each event; and,
g. Erect and remove all advance notice "no parking" signs.
0 0
has had a chance to discuss this matter further with the owners of Vaquero West so that their
needs and the City's concerns could be addressed more appropriately.
Continuation of Item:
It was moved by Council Member Campbell, seconded by Council Member Hart, that this
item be continued to the meeting of April 4, 1995, to allow staff to address the concerns of
the applicant and the Council. The motion carried with Council Member Jones abstaining.
2. CONSIDERATION OF LICENSE AGREEMENT FOR THE SAN JUAN
MARKETPLACE NTE PRODUCTIONS) (3 30
Written Communication:
Report dated March 21, 1995, from Douglas Dumhart, Management Analyst II,
recommending that the proposed License Agreement with Conte Productions be approved.
The proposed Agreement would re-establish the San Juan Marketplace operations for one
year with a maximum of seven events. Conte Productions proposed to rename the event "San
Juan Capistrano Mission Festival Series," to be held on the third Thursday in the months of
April through October from 5:00 p.m. to 9:00 p.m. The proposed License Agreement would
require that the City (Licensor) be responsible for a traffic closure plan, set up, and removal
of devices and advance posting of "no parking" signs; Conte Productions (Licensee) would
be responsible for promotion, management, and operation of the event, including crowd
control, security, waste receptacles, portable toilet facilities, vendors, entertainment,
equipment, advertising, traffic control, and telephone inquiries. The Agreement also requires
that the City provide $3,000 in seed money, with the promoter paying the City 40% of the
profits until seed monies are refunded to the City, with the City to receive 10% of the profits
thereafter.
Douglas Dumhart, Management Analyst II, made an oral presentation. He noted that an
indemnity clause for the City had inadvertently been omitted from the proposed License
Agreement, and its inclusion required review by Conte Productions' legal counsel prior to
Conte Productions signature.
Public Comments:
(1) Ron Cohan, owner of Zia Jewelry in the downtown business district, expressed
concern with the negative impacts of the previous Marketplace event, such as
vandalism, graffiti, gang presence, and sounding of security alarms. He stated that his
business suffered whenever the former Marketplace event was held and noted that
patrons were afraid and confused about parking and street closures. He noted that
the previous street closures made it difficult for visitors to access downtown
businesses. He suggested that the new event, if approved, be held in locations other
than the downtown streets. He also urged that the new Marketplace event provide
sufficient police protection during and after the event.
Council Member Swerdlin noted that he had been a merchant in the downtown area during
the previous Marketplace events and agreed that the event did cause confusion and loss of
business For some establishments. Overall, however, he felt that the event had been good for
City Council Minutes -14- 3/21/95
0 9
the community and served many people. Council Member Jones noted that he had
participated in the former Marketplace event and felt that the organizers had done a good job.
He noted that the Business Task Force had reviewed this event carefully and supported it.
Council Member Hart indicated his support of the event and felt that problems could be
addressed, particularly with the help of a professional promoter.
Council Member Swerdlin inquired how the initial $3,000 seed money proposed would be
reimbursed by the promoter and the types of expenses anticipated. Mr. Dumhart advised that
expenses included live entertainment, which the promoter felt was necessary to ensure better
attendance, pre -event promotional expenses, management fee, traffic closure plan, pre -
advertising expenses (mailings to vendors), etc.
Mark Conte of Conte Productions emphasized that it was his intent to put on a quality family
"show" and not a flea market. He noted he would work closely with the downtown
merchants and meet once per month to discuss any concerns they might have. He stated that
security would be provided by a professional firm. He indicated that the event was designed
to flow and include, not impact, businesses in the downtown area. He noted that City
businesses and non-profit organizations would be invited to lease booths at any event.
Mayor Nash suggested that the name of the event, "San Juan Capistrano Mission Festival
Series," be modified to include the word "marketplace" to ensure that past attendees would
participate again. Mr. Conte explained that the new name emphasizes the Mission, which
would remain open as an adjunct attraction to the event. He noted that the downtown
merchants supported the new name and that the event could be promoted in the newspapers
as a new "marketplace."
Approval of License Agreement:
It was moved by Council Member Jones, seconded by Council Member Hart, and
unanimously carried that the License Agreement with Conte Productions be approved for the
promotion, operation, and management of a downtown open air marketplace, for the one-year
period ending March 21, 1996, subject to the review and approval of the City's indemnity
clause by the promoter. The Mayor was authorized to execute the Agreement on behalf of
the City. Funds in the amount of $3,000 were appropriated from the Economic Development
Promotions Account No. 01-4122-62224 as "seed" money to be used by the Licensee for
advance marketing promotions and pre -event expenses.
Written Communication:
Report dated March 21, 1995, from the Administrative Services Director, recommending that
the revised comprehensive Investment Policy for the City be adopted to protect the City
against financial problems, such as last year's County bankruptcy. The primary objective of
the new policy would emphasize safety and liquidity, with yield being secondary to all
investment decisions.
City Council Minutes -15- 3/21/95
AGENDA ITEM March 21, 1995
TO: George Scarborough, City Manager
FROM: Douglas D. Dumhart, Management Analyst II
SUBJECT: Consideration of License Agreement for the San Juan Marketplace - Conte
Productions
By motion, approve the License Agreement for the promotion, operation and management of a
downtown open air marketplace with Conte Productions.
SUMMARY:
In May of 1994, the City Council created a Business Task Force to help identify ways to improve
the business climate in the City. In December 1994, recommendations were brought forth to the City
Council from the Task Force identifying programs for business improvement. One of the
recommendations was to re-establish the San Juan Marketplace in effort to rejuvenate the downtown.
City Council approved the recommendation and directed Staff to work with the Business Task Force
to identify a potential operator. Conte Productions in Redondo Beach has been identified as the
Marketplace operator. Staff has negotiated the attached License Agreement with Conte Productions
and is recommending City Council approve the agreement.
The proposed License Agreement provides authority to Conte Productions to promote, conduct and
operate an open-air marketplace on downtown streets. The tasks delineated within the License
Agreement are to be performed with minimum direction and assistance from the City.
The Licensee will furnish all labor, materials, equipment, expertise and promotions to conduct a
successful marketplace. The Licensee also agrees to comply with all statutes, ordinances, rules,
orders and regulations of federal, state, county and city government regulating licensee's conduct
of marketplace.
It is envisioned that the San Juan Marketplace will be reintroduced as the "San Juan Capistrano
Mission Festival Series." The event is proposed to be held on the third Thursday of the daylight
FOR CITY COUNCIL AGEND /,b
Agenda Item -2- March 21, 1995
savings months, or April through October. The hours are expected to be from 5:00 p.m. to 9:00 p.m.
The Licensee would be authorized to conduct the marketplace on Ortega Highway in front of the
Mission and on Camino Capistrano from the Verdugo Street to Mission Hacienda Development.
Conte Productions is a privately owned company with a strong successful record in special event
management. Conte Production is a tum -key production company in that they coordinate every
aspect of a special event from inception to clean-up. They hire and manage all vendors and services,
manage all logistical and operational activities, oversee traffic, crowd control and security, provide
strategic marketing plan, and implement the promotional campaign.
They are especially effective with City, Chamber and community organizations and have worked
with special groups and committees, guiding and assisting them through special events. An integral
part of their event management package is the customized preparation and structure of a project plan,
flow chart, time table, venue design and layout.
Conte Productions has been managing special events of this nature for over ten (10) years in
Southern California, most notably the Downtown Long Beach Marketplace on the promenade every
Friday for over three years. Below are a listing of other events Conte Productions has managed:
Annual Redondo Beach Superbowl Sunday
l OK Run/5K Fun Walk
Santa Monica Pier
Easter Festival
Redondo Beach
Annual Springfest
Redondo Beach
Annual Frontier Days
Santa Monica Pier
Father's Day Festival
Lomita Annual
Founder's Day Western Celebration
Laguna Niguel Annual
Holiday Parade & Festival
Palos Verdes Annual
Fall Festival
Bi -Annual Fiesta de las Artes
Hermosa Beach
Annual Palos Verdes Street Fair
Rolling Hills Estates
Annual Troubadour of Music Festival
UCLA Drake Stadium, Westwood
City of Palos Verdes
Annual Country Fair
Redondo Beach
Youth & Sports Festival
Santa Monica Pier
Weekend Festival
Annual Spirit of Irvine Festival
Agenda Item -3- March 21, 1995
WOUVIMMT!17 [Wtv
A license in real property has been defined as authority to do a particular act, or series of acts, on
another's land, without possessing any estate or real property right therein. It is a personal,
revocable, unassignable privilege to use the land of another. It can be created orally or in writing,
and is a privilege conferred that is personal and cannot be inherited, conveyed, or assigned to
another. It is created by consent of the Licensor or property owner, and is terminable when that
consent is withdrawn. It is distinguishable from an easement because it is merely a personal privilege
and not a property right. A license may become irrevocable if the Licensee is induced to make
reasonable expenditures or investments in his use of the license, and the Licensor may be estopped
from terminating the license unjustly until the Licensee has had sufficient time to capitalize his
investment. For this reason, it is wise to give a license expressly, with a clear statement of the
respective powers and expectations of the parties.
Staff has prepared a license agreement with Conte Productions to use the downtown street for an
open-air marketplace. The license agreement is for one year and permits up to seven events. The
agreement requires $1,000,000 dollars of insurance and worker's compensation insurance coverage.
The agreement can be terminated in thirty days with written notice.
The Licensor will be responsible for a traffic closure plan, set up and removal of devices and
advance posting of "no parking" signs. The Licensee will be responsible for promotion, management
and operation of the event including but not limited to, crowd control, security, waste receptacles,
port -a -potties, vendors, entertainment, equipment, advertising, traffic control and telephone inquiries.
The events are to be held on City streets the third Thursday of the month from 5:00 to 9:00 p.m. The
street closure will require the issuance of an encroachment permit form the Building and Engineering
Department.
It is expected that the City will begin barricading the streets at 3:00 p.m. Participants would be
allowed to begin setting up as soon as the barricades are in place and City crews have turned traffic
control over to the promoter. All vendor and support vehicles would be unloaded and removed from
marketplace area prior to the official opening of the street fair at 5:00 p.m. All activities will end
at 9:00 p.m. Removal and clean-up will begin promptly and when the Director of Public Lands and
Facilities or his designee accepts the premises clear of debris and ready to reopen, street barricades
will be removed.
•wtwv 1• •
Not applicable.
Agenda Item
/ 13 DA IR /
-4-
March 21, 1995
Conte Productions has requested $3,000 seed monies to be used for advance marketing promotions
and pre -event expenses.
Funds for these monies need to come from economic development promotions account #01-4122-
62224. Should the venture fail, the seed monies pending reimbursement would be lost.
Conte Productions will pay to the City 40% of all event profits derived from marketplace operations
and sponsorships (less cost of hosting event, such as insurance, etc.) until seed monies have been
refunded. After the $3,000 has been paid in full, the City will receive 10% of profits.
NOTIFICATION:
Chamber of Commerce
Mission Arco
Mission San Juan Capistrano
Mission Hacienda Tenants
The Old Antique Barn
Franciscan Plaza Tenants
Mission Inn
Approve License Agreement.
Conte Productions
Pedro's Tacos
Capistrano Trading Post
Swallow's Inn
Capistrano Plaza Tenants
Walnut Grove
2. Approve License Agreement subject to modifications.
Do not approve Agreement, continue item, and direct Staff to return with item subject to
Council request.
0 0
Agenda Item -5- March 21, 1995
RECOMMENDATION:
By motion, approve the License Agreement for the promotion, operation and management of a
downtown open air marketplace with Conte Productions.
Respectfully submitted,
Douglas . Dumhart
Management Analyst II
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Lyyn11011111"Dnette11011111"D • DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT
38400 1,
6
860. is4a ant0 . FAILURE TO MAIL SUCH NOTICE EMIL IMPOSE NO OBLISATION OR LIABILITY OF
ban Juan Captrano, CA . ANY KIND UPON THE COMPANY, 179 AGENTS OR REPReSENTAT IVES.
92475 ...............»_.... J
A014OR12M REPSESEMTAnVE
25-S
0
April 18, 1995
Mr. Mark Conte
Conte Productions
212 Yacht Club Way, Suite A-12
Redondo Beach, California 90277
Dear Mr. Conte:
i3ww,
6sRwxH 1961
1776
MEMBERS OF THE CITY COUNCIL
COLLENE CAMPBELL
WYATT HART
OIL JONES
CAROLYN NASH
DAVID SWERDLIN
CRY MANAGER
GEORGE SCARBOROUGH
Enclosed for your records is a fully -executed copy of the First Amendment to the License Agreement
for promotion, operation and management of the San Juan Capistrano Mission Festival Series. The
Amendment waived the Comprehensive Automobile Insurance requirements and substituted Personal
Automobile Insurance. Please forward the Automobile Insurance Certificate to the City Clerk's
Office as soon as possible.
Thank you for your cooperation. If you have any further questions regarding insurance required by
the License Agreement, please contact Dawn Schanderl, Deputy City Clerk, at 443-6310.
Very truly yours,
Cheryl Johnson
City Clerk
Enclosure
cc: Douglas Dumhart (with copy of Amendment)
32400 PASEO ADELANTO, SAN JUAN CAPISTRANO. CALIFORNIA 92675 0 (714) 493-1171
•
April 4, 1995
Mr. Mark Conte
Conte Productions
212 Yacht Club Way, Suite A-12
Redondo Beach, California 90277
Dear Mr. Conte:
•
/w� ieuenum
I�eovD 1961
1776
MEMBERS OF THE CITU COUNCIL
COLLENE CAMPBELL
GARY L. HAUSDORFER
OIL JONES
CAROLYN NASH
JEFFVASOUEZ
CITY MANAGER
GEORGESCARSOROUGH
At their meeting of March 21, 1995, the City Council of the City of San Juan Capistrano
approved the License Agreement with Conte Productions to promote, operate and manage
a downtown open air marketplace, subject to inclusion of an indemnity clause in the
Agreement. License Agreement, as approved by the City Council, has now been signed by
all parties and a copy is enclosed for your files.
Very truly yours,
Cheryl Jolmson
City Clerk
Enclosure
32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 • (714) 493.1171
Insurance Services
200 Pier Avenue #30
Hermosa Beach, CA
90254
PHONE310-376-8852
.________________________________________________--- ---------------------------------------------------------- _________________
INSURED COMPANY LETTER Penn -American Ins. Co.
COMPANY LETTER B Golden Eagle Ins. Co.
Mark Conte Productions ----------------------------------------- -------------•-----------
212 Yacht Club Wap Suite A-12 COMPANY LETTER C
RedodnoBeach, CA--------------------------------------------------------------- ----------
90277 COMPANY LETTER D
-------------------------------------------- _------------------ ____________
COMPANY LETTER E
COVERAGES
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY
PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO
WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO
ALL TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
.___________----------------------- _------------------- _----------------------- •---------------------------- .____________________
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFF POLICY EXP LIMITS
.TR DATE DATE
.-_ _______________________________ ___________________________ _ _____ _ ____------------- _____________________
GENERAL LIABILITY
IXI COMMERCIAL GEN LIABILITY
I I CLAIMS MADE CKI OCC.
[ I OWNERS'S & CONTRACTOR'S
PROTECTIVE
L)
--------------------------
AUTOMOBILE LIAB
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE
DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
[ I ANY AUTO
[ I ALL OWNED AUTOS
C I SCHEDULED AUTOS
[ I HIRED AUTOS
[ 3 NON -OWNED AUTOS
C 3 GARAGE LIABILITY
I
----------------------------
EXCESS LIABILITY
[ I UMBRELLA FORM
[ 3 OTHER THAN UMBRELLA FORM
___________________
PAC6002890
07/21/
B WORKERS' COMP nwc-270512-00 08/22
B EMPLOY RS' LIAR nwc-270512-00 08/22
___ _______________________________ ___________________________ ___________
OTHER
STATUTORY LIMITS
08/22/9EACH ACCIDENT 1000000.
DISEASE-POL. LIMIT 1000000.
08/22/9 1
CISEASE-EACH EMP. 1000000.
-------------•------ I ------------------ I I I > :- --
-. �rn>
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS Certificate Holder-" Sf nsme(C
as additional insured as respects to the named insureds operatib;is.
_ s -N.1 m
> CERTIFICATE HOLDER<____ __________ ____ ____> CANCELLATION- ____--_______�
R
k
ri1,'15 Q; '@710 316 6255 BLISS & ':?���SO\ X002:007
&rrY OF SAN IUAN C'JtD VAMI
COMMIAiITY AL'D1EYM OPMLNT AGElfC
324M 110" Addanee
San 3Uan CAPhNwria, COffdents 9205
ATTNs
3 '�iiQL Endertenmrjt # 2A
1. Insur. �mpeny PENN AMERICA ._� PNICY Numbbr PAC6002890
2. Policy 'From) 7-21-94 Te 72w�1-955. j ndorsement ee to ata _
J. Named ....aced ra PRODUc'r1oNS
t. Address of Name asured 21 YACHT CLUB Y4AX, blil
Llmlt of Lidblllty Any One a 000 000.
general Liability Allrolate (check ones)
Applies "par lowitin/projecf
Is twice the occurrence limit � X
A. Ueduetible Or Sell -insured Rewntlon (Nil Unless other W Lie speculed)r $ 50e . 00
P.D.
Coverage Is equivalent tot
CG0001(11h88)'
Comprehensive Cenral Liability form qU5WGN3XM X _
Commereial General 1.10111ty Octalms.ntade ItrM =(A
r
L Bodily Injury and 71raperty DarneSe Cevraje Ise
"tlaimrmede•
—>Z— ""xeureence"
Il claim* -madly the retroactive data is
Is. POLICY AYP1YD/tEsrrS
This endorsement is issued 'm consideratlon of the policy premium. Notwl"u...ndIrig any Ineaftstera
sufarnent in Ow palley to which this endorsernefR Is iltmhed rex any titter 09l00Ksaanttt eiLGhed
tlter'etop It Is agreed as falows
1. [*NEARED. Tits► Clr• and the Community Roda.dvpsnent Agenuyl Its elecsedor splbolntea
of.. crop offlelals, .pioreH end voiuiitres sue Ierluded aaintuw' , jth regard to dam,ges
a,-' defense of elt _s ari"S from+ (a) activities pPrtormad b , btftad of the *% -d
Intuited. Cb) prsduets slid completed opwatlonb of the Named lns4re4p or (C) ptYmltes owned,
loved or wed by the Named Ineurod.
Z. CX7pr1XDUTM NOT RAgVU rD. As ruspsitar (e) work pert0emed by awe Named insured
for or on behalf of the Cltyt or (W products said by the Named. ILt RVO to 'tfrp Cltyp or (d
pramism leased by the Named insured from the City, the insumn0l afforded Sy thispeIles
shall be primary lnsurarm as respects the Clsrrr Ils *Wcled or eppd m*d efsrarp ICIe116
employees or volunteers; or stand in att 1llbtdter1 chainof cCYeme CKoess ' :'A -lamed
Insured& sahsduled urdrlying primery tovats,66. In either went, wry otter 1"Wnnee
maintained by the city, Its elected or aspppointed atfleen, ofp er
"I empbyses or voierrteers
shell be In excess of this Insurartce and not t orarlbuto with�t.
:. (OAR;) ir
t0'd LLLi'86lATCt cx woos St :9t sat Ge
BLISS & GLENNO\
case uu;
I 3. 30UP111 OP Go`tMea.. This policy, u prtffWy, elf ea W at kart ds atwd iX
(1) iraurtirce Services Of!Ice form PUrtttser G1. 00A2 Ofd. 117)), Ce�e�titiitive Cortril
Llabfvty Irtaurance and Insun
ae 3c IGsa Qf fl Ce term ra+telbdr CL Oi11 Ofaad Rain
comprdhensive Genal UablLty "-40MeMWM or
(2) IrAUM09e SorAM p(nee C-*MMarrlal General Llabigty Cevemj% "ocvertdete'
feret CC 0001 Or �'tdeiiiX?�0}i4
(3) It excels, affords Coverage which Is at least as bread as the primary lmsumme
forma referenced in the proceding taction (1) arrd (2)L
% SATE AM. rY 0V INTEREST. The Innttargo stfor4m by this pac) owe! separate+; M
each insured who U seeking coverage or apinst whem a claim is'maeo a a seat is Wougtu,
exetpt with respect to the Company's Henit of itablllty.
!. PROVIMMS RZGARnINC tilt 94SURRM tltTlM AF'$.i AdC=WNi OR t.03M Any
fallUre to eamply with reporting prorlaions of the policy altall,not affect obvers=e provided
to the City and the Community Redevolepmerd Agency, its elicaad Wappubited of0e►ry
014clalar dntpieysaa nr veluntoors.
L CANCILLATM NOTICE The inststin" afforded by 092 pefkr chaff root be sulpdnded,
wailed, ranctltad, redueed In oeverege or In Umlts except &floc tNrty (X1.day0 prier trrition
notice by certified mall return ro-elpt mgwottad has been )<Ivde to the City. Such retia
shag be addressed to shown in the heading of M aredersemerit.
Itecidetds and claims are t• be reported to the irourer att
ArMs CLA;hS DEPARTMENT
(Title) partment
PENN AMERICA iNSUP,ANCE COMPAVY
omparty
420 SOUTH YORK ROAD
treat i� 1
HATBORO, PENNSYi,' T, NIA 19040
(City (lip tadeJ
-
e ep n
• tum 0! MM& 2RAVM RW*KNFMAT_qf JME=� .
CORRINF JONES, C'PCL (prin pe rnma% Warrant ttut i hAVe anthor(t7 to 11W ileo bele~ 112%4Rerancl company • y, my hereon do w bird ft C�
i -.0 �.
ZED ATWS (.
elgrt&ture redutred on d►doresm t AlrRfllted t0 t)R Gilt)
GLENMIV, ?PNC. tit le SENIOR
t7tESSt 213 HAWTHOFT& BUID. , #300 rEi1rPli?i7 V jo) 316-3336
TORRANCE, CALIFORNIA 90503
Insurance Services
200 Pier Avenue #30
Hermosa Beach, CA
90254
PHONE310-376-8852
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE
DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
POLICIES BELOW.
---------------------------------------------------------------------------
COMPANIES AFFORDING COVERAGE
---------------------------------------------- -- ------------------------------------------------•-------------------------
INSURED COMPANY LETTER A Penn -American Ins. Co.
COMPANY LETTER B Golden Eagle Ins. Co.
Mark Conte Productions ---------------------------- --------------- ------------------------------
212 Yacht Club way Suite A-12 COMPANY LETTER C
RedodnoBeach, CA ------------------------------------------- ------------------------------
90277 COMPANY LETTER D
------------------------------------------------------------ _______________
COMPANY LETTER E
> COVERAGES
THIS 1S TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY
PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO
WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO
ALL TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
_________________________________________________________________________________________________________________________________
rOj
ICY
ICY
LTR-_- --TYPE OF INSURANCE --------I --__ POLICY NUMBER_----I---POLDATEEFF_1 --------------
-_-- _--- --LIMITS
_____________
GENERAL LIABILITY
IM COMMERCIAL GEN LIABILITY
[ I CLAIMS MADE [ XI OCC.
I I OWNERS'S & CONTRACTOR'S
PROTECTIVE
I1
I1
-------------------------------
AUTOMOBILE LIAB
I 1 ANY AUTO
[ 1 ALL OWNED AUTOS
[ 1 SCHEDULED AUTOS
'I 1 HIRED AUTOS
[ I NON -OWNED AUTOS
[ 1 GARAGE LIABILITY
[1
---------------------------
EXCESS LIABILITY
I 1 UMBRELLA FORM
1. [ 1 OTHER THAN UMBRELLA FORM
_----- _---- _-------- _____
BI WORKERS' COMP
AND
B EMPLOYERS' LIAB
----------------- ----------------
OTHER
PAC6002890
nwc-270512-00
07/21/9
08/22
nwc-270512-00 108/22/
- - - - ---- -- -
GENERAL AGGREGATE
-------------------
07/21/9 PROD-COMP/OP AGG.
------------------
PERS. & ADV. INJURY
-------------------
EACH OCCURRENCE
FIRE DAMAGE
(ANY ONE FIRE)
__________________
MED. EXPENSE
(ANY ONE PERSON)
-------------------
COMB. SINGLE LIMIT
-------------------
BODILY INJURY
(PER PERSON)
-------------------
BODILY INJURY
(PER ACCIDENT)
-------------------
PROPERTY DAMAGE
------------- -------------------
EACH OCCURRENCE
-------------------
STATUTORY LIMITS
08/22/9EACH ACCIDENT
DISEASE-POL. LIMIT
08/22/9 1
DISEASE-EACH EMP.
1000000.
1000000.
1000000.
-------------
n
-------------------- --------------------- ---------------- ---------------
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS Certificate Hol0te is :lamed
as additional insured as respects to the named insureds operations. .,
N rn
v W m
> CERTIFICATE HOLDER<_________P_______— �___________> CANCELLATION
= SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE'CAIJCELLED-WFORE THE EX-
= PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR SO MAIL 10
City of San Juan Capistrano = DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO M LEFT, BUT
32400 Paseo Adelanto = FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR PLIABILITY OF
San Juan Capistrano, CA = ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
92675 =-------------------------------------------------------------------------
= AUTHORIZED JIEPRE $(NTATIVE
>AW 1'_MvAlwdolra � ��
E
MEMORANDUM
TO: George Scarborough, City Manager
FROM: Douglas D. Dumhart, Management Analyst II 4
SUBJECT: Automobile Liability Insurance
March 28, 1995
Conte Productions has requested that the Automobile Liability Insurance required by the
License Agreement be waived. Conte is requesting a waiver because they do not use
personal vehicles in conjunction with the events or event activities. Their personal
vehicles are used for personal use and each individual carries their own auto insurance.
Attached is a copy of Mr. Conte's personal auto insurance for your review.
Requiring commercial automobile liability insurance would be a considerable financial
burden that they feel is unnecessary in this instance. Please advise accordingly.
cc: Lynette Lymann
D QWwWWI_
Conte.doc
tut3147W2W
MEMORANDUM
To: Douglas Dumhart
FROl1= Mark conte
DATE: March 22, 1995
sue IECT Aytomobile Liability Insurance
1, Mark Conte, or anyone on CONTE Productions' staff, do not own or
operate commercial vehicles. We do not use our personal vehicles in
conjUnctlon with the events or for event activities. Personal vehicles
are ;used. for personal use and each person in our office carries
per -auto insurance for their individual vehicles.
CONTE Productions is not required to carry Auto Liability Insurance, as
described in the San Juan Capistrano license agreement, with any other
contract agre9ment and/or the requirement is waived in some cases due
to the natluro of our involvement in the event as listed above.
Please waive this requirement for the up coming San Juan Capistrano
Mission foativall Series as it would be a considerable financial burden
that is.r of truly necessary in this instance.
ThinkypD fns' your assistance in this matter
0NU8iSldU0 Ol
SNOI10M0bd 31NOD WOdj SS:9T S66TrFZi£0
1 £0' d �tl1I11 • •
O"CKIM 10/4S/04
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7K dMMAMY %S&L MW M POLICY 7MOVI000 TM UWAL YAY16M7 12 SEU4tK0 OM 0 SMFON 7K Do LAR.
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M MT MAN." 55.00 L6164/" 5797.00 41." 1SRTI4
ANY OUTSTAMDM NOW b OM " MEVIW LT 92LLW. W9 APPMIATE TAR 0"091104" TO SEM VW.
AV7, PIAL. DA= AiCL. COmi VZOt. i� 8. ! $! C4�i : pl.•.,um
1 A.p6rS" oa/o7/9A
2 231529 04/02/90
CODE: LM ANDUNT DVM: Uoo.50 DUE DACE: 10/04/94
nu �
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AL
March 28, 1995
TO: George Scarborough, City Manager
FROM: Douglas D. Dumhart, Management Analyst II 4
SUBJECT: Automobile Liability Insurance
Conte Productions has requested that the Automobile Liability Insurance required by the
License Agreement be waived. Conte is requesting a waiver because they do not use
personal vehicles in conjunction with the events or event activities. Their personal
vehicles are used for personal use and each individual carries their own auto insurance.
Attached is a copy of Mr. Conte's personal auto insurance for your review.
Requiring commercial automobile liability insurance would be a considerable financial
burden that they feel is unnecessary in this instance. Please advise accordingly.
cc: Lynette Lymann
Dawn Schanderl
Conte.doc
MAR 2 g 1995
MEMORANDUM
TCV: :` pp49tas Dumhart
FRO": Mark Conte
DA -M, March 22, 1995
SUQ4ECT Agtomobile Liability Insurance
1, Mark Conte, or anyone on CONTE Productions' staff, do not own or
operate Commercial vehicles. We do not use our personal vehicles in
conjunction With the events or for event activities. Personal vehicles
are ;use -4 for personal use and each person in our office carries per-
soltal autio insurance for their individual vehicles.
CONTE Productions is not required to carry Auto Liability Insurance, as
desqribed in the San Juan Capistrano license agreement, with any other
contract .agreement and/or the requirement is waived in some cases due -
to the niitture of our involvement in the event as listed above.
pleme waive this requirement for the up coming San Juan Capistrano
Mission Festival Series as it would be a considerable financial burden
thaf is,siipt tkAly necessary in this instance.
Thank you iior Your assistance In this matter
•
£0'd 1tl1P1
W2
Wroury Cats"Ity Company T`
POLICY
POLICY'DCOLMUMONS
WA4MAMT OdY91AAF PPM I lrAnN
EG 40110 \ CA
EPPECTIVE 10/05/04
THIS POLICY ORCLARATLONS FADE RRPLACIS ALL OECLARA'rtM WITH THE SAME OR PRION F"ECTIVE DATE.
VOWS AUYONSLILE IIISSA or "PIOSE AND OOVERAOE CEASE AT 11:01 AW ON IMAM,
THE COMOANY NLI,L RF,NSW TWR POLICY PROVIDED VOW RENCWAL PAYMENT IS R2CEEVEO ON OR FUORI THE OOE DAT2.
SOU IMV `2MtW'AWY-ON OF TWE I PAY PLANS SHOWN EELOi
PAY PLAN ►AV9REIR- AMI FEE - ODE DATE NEST PATLE97 PRE on MIT
PULL PAY $t.IR1.00 NOMI LO/04/94
2 PAY fSWM $5.00 t0/04/$4 $$$5,00 NOME !2)17)04
1 PAY $207.00 $5.00 10/44/04 9391.00 $0.00 SLj1T/04
ANY OUTSTANDING ADOW n OUR AE PREVIOUSLY GILLED. WL APPRECIATE THE OPPORTUNITY TO OEM TOO.
DTIi3.,. U�4c,�G W—ylot.. DDA .
UB,:V;aL. COAG ., VI9&. FAP6. !eft:'. N2i ,,NiV4...aAl3
2 231528 04/02/90
W fIRP°
£®'d
M l 1 I I .1Irk
ig81. CODE: LF28 ANMMT DUE: 9600.50 DUE DAM 10/04/94
owusrd"3 aL 94aU710@48 31M7 W@L: 9S:9T ""T2?i£9