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1995-0418_CONTE PRODUCTIONS_License Agreement First Amd0 • First Amendment to Ucense Agreement 4) 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. -7/61 Z7,�1�"ry, ;' L _ t Ll 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 y//glps- City of San Juan Capistrano (Licensor) Conte Productions (Licensee) Mark Conte, Principal -2- 111 0 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 By: Its: Capistrano Plaza Francisco Plaza FI -01 El Adobe Restaurant El Peon YORBA STREET Arco alnuiGHwAy.— Grove RTEGA � .....H. ac in he Box lexaco Camino Real Playhouse Historic Town Marie Collendar's Center Son Juan Institute m e r c Vao V I I o�Great Western Bank .............. DEL OBISPO STREET TTTV Sizzler laza Fire Station F & m kmerican Bank Savings �7 NO SCALE EXR18ir A 0 • EXHIBIT B 11rommmirmim mmmmir =,o minn.m. mrm� i 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 DD:ks I Capistrano Plaza i- ronctst: PICZC FIX El Adobe Restaurant 0 0 Arco] IG ORIEG, ..... . . . . . .F., --------- El Peon Jack m ackq I PEEPER the Box 1. Texaco I Camino Real PlaOuusese useuse use YORBA STREET Historic I ic) Town Marie 60dimg Cl allem or's Center Son Juan Institute V 11 Great 03 �Qe Western Bonk DEL OBISPO STREET ULLLI FT� Sizzler (3 .r oza Fir, Station F & M 4mericon Bank Savings NO SCALE Meer A BICHLMEIER. INS. SERI;. TEL:310-379-9272 Rpr 20,95 Insurances Services .7, 0o Pier A7 nuo #80 ermoma Beach, C L 90854 P009E310-376-5852 INSURED 2203 QurtiLgCohta Redondo Beach, CA 90278 a ¢WIPERS NO RIGHTS WW1 THE CERTIFICATE MOLDER. IMUS CERTIFICATE DOES MGP ANEW, EXTEND OR ►LIER TRE COVERAGE AFFORDED ST. TME POLICIES BELOW. COEIp'A11I88 Ap80RDIme COVHR714B -------"--- ------------.... --- .................... .......... COMPANY LETTER A mercury Casualty Cc ........................................................... ............... COMPANY LETTER B C0lPAYY LETTER C ...---'---'-------------------- ------•............... _--•---...-------••- COMPANT LETTER D ..- ... ..... •................... ....'------- ..-_............. .__........... COMPARY LETTER H COVERAGES�. ueweeu..==...... w ... t z...........=c_�uoxwo.az�os THIS IS TO CERTIFY THAT POLICIES Of INSURANCE LISTED BELOW HAVE SEER ISNIED TO THE INSUREO NAMED "we FOR THE POLICY PERIOD INDICATED. MOTWITOSTANDING ANY REW[RENE117, TERN OR CONDITION OF ANY CONTRACT ON OTHER ODCUNENT WITH RESPECT TO WHICH TH13 CER71FICATE MAY BE ISOM OR NAY YCRYAIN, THE INSWANCE AFFOWED BY THE POLICIES DESWIBM NFRFIN IS SUBJECT TD ALL TERAS, EKCLUSIONS, AND 0040 IONS OF SUCH MIME. LIMITS SBOMt NO HAVE BEEN REDUCED BY PAID CLAIMS. ............................ ..................................................................I-t_-_--`-- ......--........... DO TYPE of INSURANCE _ (_..__.-POLILY-NASeFR_••.-•_,__ POLICY -I-•FO DATE POLICY LINTS-•--_..____.._ GRINURAL LIABILITY 1 I CONNERCIAL GEN LIABILITY 1 I CLAIMS HAVE ( 1 OCC. I I OWNERS'$ L CONTRACTOR'S PROTECTIVE II II iLT�ra�oBlLTs LIAR A L 1 ANY AUTO 1 7 ALL OWNED AUTOS SCHEDULED AUTOS i T HIRED AUTOS [ ] NON-OYNm AUTOS I) GARAGE LIABILITY I) ��- •i]CCHBB LIABILITY L) 041314-01 FORM it 1 OTHER THAN UMBRELLA FORK AP3700949S 04/05/ a� GENERAL AGGREGATE ------------ ...... ....... PROD-NMP/GP ACG. --- _-------------- K99- -._,..........PERS_ S ADV. INJURY EACH OCCURRENCE ....I .............. .............. FIRE DAMAGE (ANY ONE FIRE) .-...E-1-P--S,--- —--- ......-------- NEO. ENPLVTSE (ANY ONE PERSON) CONS. SINHLE UNIT ................. .............. GORILY INJURY (PER PERSON) ....700000... ----------- . DOOSLY INJURY (PER ACCIDENT) 300f1N. PROPERTY SAVAGE SDOOD. EACH OCCURRENCE WORRBRB' COEtp EA4TN AOCIDENT ABD OISEANE-POI. (IMI) =1PLOYXRB' LIAR DISEASE -EACH EPIP. ................ ------------ OTHER.....-1-1-1-1- --------' -------•----------...__ -. - . -••-1-1-1-1 --•-----• --.....----'----...... ----•- DESCR7PTICU OF OPERRTIONSJLOCATIONSNENCI1,,ES/SPECIAL )TENS I(+ BDMISSIOD197130 ........... '- --------------------- ---------- -- Personal Auto policy 86 CHNIFY ABTRO 1F FORD XR KS IN30 38 DDRE3MM7983 CERTIFICATE HOLDER 0 ..... e-=_a..v...... CANCELLATION ....... .ex>a:s..wes......... ............ . SHOULD ANY OF THE AM DESCRIBED POLICIES BE CANCELLED BEFORE THE EH - City of Ban Juan Capistrano . PIRATICN BATE THEREOF, TOE ISSUING COMPANY NUL ENDEAVOR TO NAIL 10 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 THIS FOLIGI SECLAMATEMM MW 92MACES All OECWIATM29 NIT# TSE UM O9 Y97d1 MV4EC W IIAR. YOM AUTONO Y IMMMAMO( t"91 AMS Omu% 09AM AT 10:01 AM Ott 14/04/". 7K dMMAMY %S&L MW M POLICY 7MOVI000 TM UWAL YAY16M7 12 SEU4tK0 OM 0 SMFON 7K Do LAR. YOU MT UOWAM 40 OF IN M MY PL AIM MW MLLW. MY 9W WA MW AMS FEE - Wi DATE MEAT MYNOT FK CIM OAK Milo FAT 01.101.19 MOMS N/*4/44 E IMV MM9-M9 45.00 10/44/94 vs".11 MW It/77f" 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 � y £0'8 OJtl USfddJ M 9Ml OnaUJd 31NM W08A 96:97 9661/22/£0 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