23-0121_SAN JUAN CAPISTRANO LITTLE LEAGUE_1st Amd to License AgreementFIRST AMENDMENT TO THE LICENSE AGREEMENT
BY AND BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND
SAN JUAN CAPISTRANO LITTLE LEAGUE FOR USE OF CONCESSION STAND AT
SAN JUAN CAPISTRANO SPORTS PARK
This First Amendment to the License Agreement (“Agreement”) dated
__________, 2023, is made and entered by and between the City of San Juan
Capistrano, a municipal corporation (the "City,") and San Juan Capistrano Little League,
a nonprofit organization (the “Licensee”). City and Licensee are sometimes hereinafter
individually referred to as “Party” and hereinafter collectively referred to as “Parties.”
RECITALS
A. On January 21, 2020, the Parties entered into the Agreement.
B. Pursuant to Section 2 of the Agreement this Agreement may be extended
for two (2) additional one (1) year terms, upon the mutual written agreement of both
parties.
C. Pursuant to Section 14 no amendment of “this Agreement shall be binding
unless executed in writing and signed by both parties.
D. The Parties now desire to approve the “First Amendment” to amend terms
for immediate notification of maintenance issues/break-ins to City, incorporate barbecue
and video camera as allowable equipment, City policy to request video camera
recordings from Licensee, City use of concession stand, change to licensee
representative for notices, and extend the term of the Agreement.
E. The Agreement is attached hereto and incorporated herein by reference.
The Agreement is hereby amended as follows:
1. Section 1.1 is hereby amended and replaced to read as follows:
1.1. Concession Stand. Subject to the terms of this Agreement, City grants
to Licensee a non-exclusive License to Licensee to operate the Concession Stand at
San Juan Capistrano Sports Park, as shown on Exhibit A, attached hereto and
incorporated herein by this reference as though fully set forth herein. Upon reasonable
notice to Licensee, City may use Concession Stand for city-sponsored events when it
does not conflict with youth sports organizations during the Primary Season and non-
January 21
seasonal operation. Any City events will not remove, use, or sell any of Licensee's
food, beverages, confectioneries, and promotional merchandise stored in the
Concession Stand. Licensee will not be subject to event conditions of use or liabilities
contemplated in this agreement for City use / non-Licensee events.
2. Section 2 is hereby amended and replaced to read as follows:
2.Term. The term of the license shall be effective from January 21, 2020,
through January 21, 2024. The License may be renewed for up to one (1)
additional one-year term, upon the mutual written agreement by both parties.
3. Section 5.1.6.1 is hereby amended and replaced to read as follows:
5.1.6.1 Licensee shall be solely responsible for obtaining all permits, licenses
and inspections required by local, county, state or federal government and payment of
any and all fees associated therewith including, but not limited to, City
approved modifications to the interior structure.
4. Section 5.1.6.1 is hereby amended and replaced to read as follows:
5.1.6.1 Concession Stand sales shall be limited to food, beverages, confectionaries,
and promotional merchandise. Licensee may supply and use a portable barbecue grill
at such times the Licensee is authorized by the City to utilize the Concession Stand at
San Juan Capistrano Sports Park.
5. Section 5.1.8.1 is hereby amended and replaced to read as follows:
5.1.8.1 Any and all equipment, either replacement or new, shall be
provided and maintained by Licensee, including the proposed installation of security
cameras, (pending Licensee's Board of Directors approval for security camera
expenditure and installation) within the Concession Stand.
6. Section 5.1.8.3 is hereby amended and replaced to read as follows:
5.1.8.3 All equipment inside the Concession Stand must be in good
operable condition and electrical inspection by the City will be performed prior to the first
day of Concession Stand operations. City reserves the right to inspect the equipment
and request security camera recordings, if any, with reasonable notice to Licensee
during the term of this agreement.
7. Section 5.1.12.6 is hereby amended and replaced to read as follows:
5.1.12.6 Licensee shall immediately notify City of any graffiti,
maintenance issues or break-ins observed on or around the Concession Stand.
8.8.Section 5.1.12.8 is hereby amended and replaced to read as follows:
5.1.12.8 It is the responsibility of Licensee to keep the Concession
Stand and area within thirty (30) feet surrounding the Concession Stand free of
trash and debris related to Licensee use or any Licensee activity.
9.9.Except as otherwise specifically provided herein, all other provisions
of the Agreement shall remain in full force and effect.
In witness thereof, the Parties here to have executed this License Agreement:
City of San Juan Capistrano
A California municipal corporation
San Juan Capistrano Little League
A nonprofit organization
By: By:
Attachment: License Agreement dated January 21, 2020
_________________________________________________________________
BENJAMIN SIEGEL
City Manager
CHRISTIAN LARSEN SJCLL
President
ATTEST:
By:
________________________________
MARIA MORRIS
City Clerk
APPROVED AS TO FORM:
By:
________________________________
JEFFREY BALLINGER
City Attorney