13-0402_LITTLE LEAGUE, SJC_Agenda Report_D12TO:
FROM:
DATE:
City of San Juan Capistrano
Agen ,::f.ort
Karen P. Brust, City M/na ·' Q
Cynthia Alexander, Acting o~~unity Services Dire~
April2, 2013
4/2/2013
012
SUBJECT: Consideration of License Agreement for Use of the Concession Stand at
the San Juan Capistrano Sports Park (San Juan Capistrano Little League)
RECOMMENDATION:
By motion, approve the License Agreement for a fee of $153 per month for the use of
the concession stand at the San Juan Capistrano Sports Park retroactively from March
2, 2013, through August 11, 2013.
EXECUTIVE SUMMARY:
Since the San Juan Capistrano Sports Park opened in the summer of 1996, the San
Juan Capistrano Little League has used the San Juan Capistrano Sports Park
concession stand for its five (5) month season usually from mid-March through mid-
August each year. The organization has been in compliance with all the rules and
regulations, which are identified in their annual License Agreement (Attachment 1). The
San Juan Capistrano Little League is responsible for all the costs to operate and
maintain the concession stand during their use. Additionally, the San Juan Capistrano
Little League is required to reimburse the City for any repair costs incurred by the City
as the result of its use. For the past seventeen (17) years, the City has waived the fees
for the use of the concession stand. The proposed License Agreement (Attachment 2) is
a continuation of this agreement and also includes a fee of $153 per month to offset the
City's out of pocket costs for utilities and insurance on the concession stand portion of
the building being retroactively starting March 2, 2013.
DISCUSSION/ANALYSIS:
The San Juan Capistrano Little League has been operating the concession stand in
compliance with its License Agreement and has provided satisfactory maintenance of
the facility as required. Although not required as part of the License Agreement, the San
Juan Capistrano Little League recently provided an upgrade to Sports Park Field No. 4
at their cost by removing a pitcher's mound and replacing it with a movable pitcher's
mound allowing the field to be used as a multi-use ball field.
City Council Agenda Report
April 2, 2013
Pa e 2 of 3
The concession stand is part of a larger building that includes a public restroom. The
cost of utilities and insurance is shared by the entire building. Therefore a pro-rata share
of cost (based on square footage) should be allocated to the costs of operations and
maintenance of the facility and paid by San Juan Capistrano Little League. Based on
square footage, the concession stand is 35.7% of the total square footage. Based on
the total shared costs of $430 per month, the monthly cost of $153 has been calculated
as follows:
Total Concession Restroom
Building Stand Share Share of
Description Cost of Cost Cost
%Share of Facility 100.0% 35.7% 64.3%
Utilities (Estimate) $250 $89 $161
Insurance $180 $64 $116
Total Monthly Costs $430 $153 $277
During the past two San Juan Capistrano Little League seasons (2011 and 2012), the
concession stand was vandalized several times requiring the City to make unbudgeted
repairs of $9,524 for Fiscal Year 2010-2011 and $3,337 for Fiscal Year 2011-2012.
Although, this damage occurred during San Juan Capistrano Little League's use of the
facility, it was unclear whether or not these costs were the result of its use. Therefore,
San Juan Capistrano Little League was not asked to reimburse the City for these
damages. Staff has informed San Juan Capistrano Little League that Section 7 of the
License Agreement requires reimbursement to the City for the cost of repairs, including
vandalism incurred by the City as a result of the San Juan Capistrano Little League's
use.
FISCAL IMPACT:
The costs for utilities and insurance for the building are included in the Fiscal Year
2012-2013 budget. The proposed license fee of $153 per month for five months would
result in additional revenue of $765 and offset the San Juan Capistrano Little League
portion of these costs during their use.
ENVIRONMENTAL IMPACT:
Not applicable.
PRIOR CITY COUNCIL REVIEW:
The City Council approved a License Agreement with San Juan Capistrano Little
League for use of the concession stand at the San Juan Capistrano Sports Park on
March 20, 2010.
City Council Agenda Report
April 2, 2013
Pa e 3 of 3
COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS:
On March 18, 2013, the Parks, Recreation and Senior Services Commission approved
to recommend to the City Council the License Agreement with a suggested nominal fee
for the concession stand.
NOTIFICATION:
David Schniepp, San Juan Capistrano Little League
President
ATTACHMENT(S):
Attachment 1 -2010 License Agreement
Attachment 2-2013 License Agreement
LICENSE AGREEMENT
FOR USE OF CONCESSION STAND
AT SAN JUAN CAPISTRANO SPORTS PARK
BETWEEN CITY OF SAN JUAN CAPISTRANO
AND SAN JUAN CAPISTRANO LITTLE LEAGUE
THIS LICENSE AGREEMENT is made as of the 2nd Day of March, 2010,
by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter called
"Licensor" and SAN JUAN CAPISTRANO LITTLE LEAGUE, hereinafter called
"Licensee."
WIT N E S S E T H:
WHEREAS, Licensor desires to grant the right for Licensee to operate the
concession stand at the San Juan Capistrano Sports Park; and
WHEREAS, Licensee shall be granted the right to vend refreshments and
food items from the concession stand at the San Juan Capistrano Sports Park
upon the below-stated terms and conditions,
NOW, THEREFORE, Licensor and Licensee mutually agree as follows:
SECTION 1. License To Operate The Sports Park Concession Stand.
Licensor hereby grants to Licensee a non-exclusive license for the
purpose of allowing Licensee to operate the existing Sports Park concession
stand with volunteers only. This license is limited to operation of the concession
stand for Licensee functions only.
SECTION 2. Signs And Advertisements.
All signs or advertising shall comply with the City's Municipal Code sign
ordinance and shall be reviewed by the Community Services Department and
approved by the Planning Department.
SECTION 3. Hours Of Operation.
The concession stand hours of operation shall be within the hours of 8:00
a.m.-9:30 p.m., Monday through Saturday, and 9:00 a.m.-9:30 p.m. on Sundays,
which is in compliance with Administrative Policy No. 607 regarding hours of
operation for athletic fields.
ATTACHMENT 1
Page 1
SECTION 4. Food And Beverage Products.
Concession stand sales shall be limited to food, beverages,
confectionaries and promotional merchandise. The sale of alcoholic beverages
and tobacco products is prohibited. All items are to be sold from inside the
concession stand and no other location on the Sports Park premises, with the
exception of promotional merchandise that may be sold outside adjacent to the
concession stand.
SECTION 5. Recycling Program.
In compliance with the City's recycling program, the licensee shall obey
recycling requirements. Beverages shall be served in plastic bottles or aluminum
cans. No glass containers are allowed. Paper cups will also be required, no
Styrofoam or waxed-lined cups are allowed. All trash and recyclable products will
be separated by Licensee.
Bulk condiment dispensers will be required, as opposed to individually
wrapped packages of ketchup, mustard, relish, sugar, dry creamer, etc.
SECTION 6. Maintenance And Cleanliness.
Licensee shall maintain, at its sole expense, the concession stand facility
and all related equipment necessary for the operation of the concession stand
during the term of the License Agreement. The City's Public Works Department
will repair any and all damages to the concession stand. Licensee shall
reimburse the Licensor for any and all costs of maintenance and repairs incurred
by the Licensor as a result of Licensee's use of the concession stand.
The concession stand must be cleaned and sanitized after each use of the
concession stand including, but not limited to, wiping down and removing all
debris from counter tops, shelves, sinks, appliances, walls and floors. All trash is
to be removed from the concession stand at the conclusion of each Licensee
activity. It is the responsibility of Licensee to keep the premises and area within
thirty (30) feet surrounding the concession stand free of trash and debris.
Trash cans and recycling containers in the plaza area shall be emptied
throughout the day to ensure no overflow of debris onto the premises. All trash
and recycling in the plaza and concession stand shall be bagged and dumped in
the Licensor-provided dumpsters at the conclusion of the day.
Licensee agrees to operate and maintain the concession stand in
compliance with County of Orange Health Department regulations.
Page 2
SECTION 7. Equipment.
Any and all equipment, either replacement or new, must be provided and
maintained by Licensee. Licensor assumes no responsibility for the sharing of
concession stand equipment between Licensee and other organization groups.
All equipment must be in good operable condition, and an electrical inspection by
the Licensor will be performed prior to the first day of concession stand
operations. All equipment must be removed by Licensee from the concession
stand at the end of License Agreement term, which is August 13, 2010. Any and
all equipment left in the concession stand following the end of the License
Agreement term will become the property of the Licensor unless prior
arrangements have been made with other organization groups.
A first-aid kit shall be available at all times and adequately supplied with
bandages, ice packs, etc., and placed in a visible location within the concession
stand.
A fire extinguisher shall be placed in a visible location and inspected
regularly by the Orange County Fire Authority.
SECTION 8. Vehicles.
Vehicles are prohibited from plaza area. All loading and unloading of
concession stand supplies shall take place at curbside of the parking lot.
SECTION 9. Unilateral Assignment Of License Prohibited.
Licensee shall not assign or transfer vending operations to a private
business or concessionaire without prior written approval from the Licensor.
SECTION 10. Term Of License Agreement.
The term of the license shall be for a period of five (5) months, from March
2, 2010, through August 13, 2010. Licensor reserves the right to terminate
License Agreement without cause by providing five (5) days advance notice of
termination to Licensee.
SECTION 11. Non-Seasonal Operation.
Licensee shall have the right to request use of the concession stand for
special tournaments and non-seasonal dates that fall outside the primary season
of March 2, 2010, through August 13, 2010. The Licensor shall consider such
Page 3
request in accordance with other youth sports organizations' use of the
concession stand during their primary season. Permission may be granted to
utilize the concession stand for a non-seasonal use if the request does not
conflict with other youth sports organizations' primary season dates. All
requirements, regulations, conditions, and operational specifications of this
License Agreement shall remain in place, and Licensee agrees to comply with
these stipulations in conjunction with any non-seasonal use.
Licensor grants permission for other San Juan Soccer organization groups
to utilize the concession stand for a spring soccer tournament. San Juan Soccer
organization groups shall comply with all requirements, regulations, conditions
and operational specifications of their License Agreement in conjunction with
non-seasonal use.
SECTION 12. Consideration.
In exchange for consideration of use of the concession stand during the
term of the License Agreement, Licensee is to assist with daily maintenance of
the infields.
SECTION 13. Walk-Through.
On or after March 2, 2010, Licensee and Licensor will perform a walk-
through of the concession stand for the purpose of inspection and to relinquish
the concession stand over to Licensee. On or before August 13, 2010, a follow-
up walk-through will be performed between Licensee and Licensor for the
purpose of inspection and relinquishing Licensee from concession stand
responsibility.
At the end of term of License Agreement, the concession stand shall be
left in the same condition as it was when relinquished to Licensee during the
initial inspection. Licensee shall be responsible for all expenses incurred by
Licensor for property damage arising out of the concession operation under this
License Agreement.
SECTION 14. Inspections.
The Licensor shall have the right to enter the concession stand at any time
during the term of this License Agreement for inspection purposes. Inspections
shall not hinder the normal operation of concession stand and, when at all
possible, Licensee will be notified of inspection and inspection shall be scheduled
with a representative of Licensee.
Page4
SECTION 15. Permits/Licensing/Fees.
Licensee shall be solely responsible for obtaining all permits and licenses
required by local, county, state or federal government and payment of any and all
fees associated therewith.
SECTION 16. Taxes.
Licensee shall be solely responsible for all taxes required by local, county,
state or federal government with respect to all aspects of the concession stand
operation.
SECTION 17. Independent Contractor.
Licensee shall be deemed at all times as an independent contractor and
not an employee of the Licensor. All persons employed to provide services under
this License Agreement shall be employees or contractors of Licensee and shall
not be deemed employees of Licensor for any reason or purpose.
SECTION 18. Insurance And Indemnification Requirements.
Licensee shall submit to the Licensor:
• A certificate of general liability insurance naming the Licensor as
additional insured in the amount of $1,000,000 per occurrence;
• An insurance endorsement form proving that the above-listed
liability insurance is in legal force.
Licensee shall indemnify, defend, and hold harmless the Licensor and its
officers and employees against all liabilities or claims of liability or loss (including
reasonable attorney's fees, related costs and expenses) because of death,
personal injury or property damage arising or resulting from the acts or omissions
of Licensee, its employees or agents, in its operations under this License
Agreement.
SECTION 19. Notice.
All notices shall be personally delivered or mailed to the below listed
addresses, or to such other addresses as may be designated by written notice.
These addresses shall be used for delivery of service of process:
Page 5
To City:
To Contractor:
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: Community Services Director
Mike Morales, President
San Juan Capistrano Little League
P.O. Box458
San Juan Capistrano, CA 92693-0458
IN WITNESS WHEREOF, the parties have executed this Agreement the
day and year first hereinabove written.
ATTEST:
Maria Morris, City Clerk
APPROVED AS TO FORM:
Omar Sandoval, City Attorney
Page 6
CITY OF SAN JUAN CAPISTRANO
By ________________________ _
Londres Uso, Mayor
SAN JUAN LITTLE LEAGUE
By ______________________ __
Mike Morales, President
LICENSE AGREEMENT
FOR USE OF CONCESSION STAND
AT SAN JUAN CAPISTRANO SPORTS PARK
BETWEEN CITY OF SAN JUAN CAPISTRANO
AND SAN JUAN CAPISTRANO LITTLE LEAGUE
THIS LICENSE AGREEMENT is made as of the 2nd Day of March 2013,
by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter called
"Licensor" and SAN JUAN CAPISTRANO LITTLE LEAGUE, hereinafter called
"Licensee."
W IT N E S S E T H:
WHEREAS, Licensor desires to grant the right for Licensee to operate the
concession stand at the San Juan Capistrano Sports Park; and
WHEREAS, Licensee shall be granted the right to vend refreshments and
food items from the concession stand at the San Juan Capistrano Sports Park
upon the below-stated terms and conditions,
NOW, THEREFORE, Licensor and Licensee mutually agree as follows:
SECTION 1. License To Operate The Sports Park Concession Stand.
Licensor hereby grants to Licensee a non-exclusive license for the
purpose of allowing Licensee to operate the existing Sports Park concession
stand with volunteers only. This license is limited to operation of the concession
stand for Licensee functions only.
SECTION 2. Fees.
Licensee shall pay a license fee in the amount of $153 per month during
the use of the concession stand.
SECTION 3. Signs And Advertisements.
All signs or advertising shall comply with the City's Municipal Code sign
ordinance and shall be reviewed by the Community Services Department and
approved by the Planning Department.
ATTACHMENT 2
Page 1
SECTION 4. Hours Of Operation.
The concession stand hours of operation shall be within the hours of 8:00
a.m.-9:30 p.m., Monday through Saturday, and 9:00 a.m.-9:30 p.m. on Sundays,
which is in compliance with Administrative Policy No. 607 regarding hours of
operation for athletic fields.
SECTION 5. Food And Beverage Products.
Concession stand sales shall be limited to food, beverages,
confectionaries and promotional merchandise. The sale of alcoholic beverages
and tobacco products is prohibited. All items are to be sold from inside the
concession stand and no other location on the Sports Park premises, with the
exception of promotional merchandise that may be sold outside adjacent to the
concession stand.
SECTION 6. Recycling Program.
In compliance with the City's recycling program, the licensee shall obey
recycling requirements. Beverages shall be served in plastic bottles or aluminum
cans. No glass containers are allowed. Paper cups will also be required, no
Styrofoam or waxed-lined cups are allowed. All trash and recyclable products will
be separated by Licensee.
Bulk condiment dispensers will be required, as opposed to individually
wrapped packages of ketchup, mustard, relish, sugar, dry creamer, etc.
SECTION 7. Maintenance And Cleanliness.
Licensee shall maintain, at its sole expense, the concession stand facility
and all related equipment necessary for the operation of the concession stand
during the term of the License Agreement. The City's Public Works Department
will repair any and all damages, including vandalism, to the concession stand.
Licensee shall reimburse the Licensor for any and all costs of maintenance and
repairs including vandalism incurred by the Licensor as a result of Licensee's use
of the concession stand.
The concession stand must be cleaned and sanitized after each use of the
concession stand including, but not limited to, wiping down and removing all
debris from counter tops, shelves, sinks, appliances, walls and floors. All trash is
to be removed from the concession stand at the conclusion of each Licensee
activity. It is the responsibility of Licensee to keep the premises and area within
thirty (30) feet surrounding the concession stand free of trash and debris.
Page 2
Trash cans and recycling containers in the plaza area shall be emptied
throughout the day to ensure no overflow of debris onto the premises. All trash
and recycling in the plaza and concession stand shall be bagged and dumped in
the Licensor-provided dumpsters at the conclusion of the day.
Licensee agrees to operate and maintain the concession stand in
compliance with County of Orange Health Department regulations.
SECTION 8. Equipment.
Any and all equipment, either replacement or new, must be provided and
maintained by Licensee. Licensor assumes no responsibility for the sharing of
concession stand equipment between Licensee and other organization groups.
All equipment must be in good operable condition, and an electrical inspection by
the Licensor will be performed prior to the first day of concession stand
operations. All equipment must be removed by Licensee from the concession
stand at the end of License Agreement term, which is August 11, 2013. Any and
all equipment left in the concession stand following the end of the License
Agreement term will become the property of the Licensor without prior written
approval from the Community Services Director. Licensee will have full
knowledge of the equipment being accessed by other organization groups if
rented with no consequence to Licensor.
A first-aid kit shall be available at all times and adequately supplied with
bandages, ice packs, etc., and placed in a visible location within the concession
stand.
A fire extinguisher shall be placed in a visible location and inspected
regularly by the Orange County Fire Authority.
SECTION 9. Vehicles.
Vehicles are prohibited from plaza area. All loading and unloading of
concession stand supplies shall take place at curbside of the parking lot.
SECTION 10. Unilateral Assignment Of License Prohibited.
Licensee shall not assign or transfer vending operations to a private
business, concessionaire or other organizations without prior written approval
from the Licensor.
Page 3
SECTION 11. Term Of License Agreement.
The term of the license shall be for a period of five (5) months, from March
2, 2013, through August 11, 2013. Licensor reserves the right to terminate
License Agreement without cause by providing five (5) days advance notice of
termination to Licensee.
SECTION 12. Non-Seasonal Operation.
Licensee shall have the right to request use of the concession stand for
special tournaments and non-seasonal dates that fall outside the primary season
of March 2, 2013, through August 11, 2013. The Licensor shall consider such
request in accordance with other youth sports organizations' use of the
concession stand during their primary season. Permission may be granted to
utilize the concession stand for a non-seasonal use if the request does not
conflict with other youth sports organizations' primary season dates. All
requirements, regulations, conditions, and operational specifications of this
License Agreement shall remain in place, and Licensee agrees to comply with
these stipulations in conjunction with any non-seasonal use.
Licensor grants permission for other San Juan Capistrano Soccer
organization groups to utilize the concession stand for a spring soccer
tournament. San Juan Capistrano Soccer organization groups shall comply with
all requirements, regulations, conditions and operational specifications of their
License Agreement in conjunction with non-seasonal use.
SECTION 13. Consideration.
In exchange for consideration of use of the concession stand during the
term of the License Agreement, Licensee is to assist with daily maintenance of
the infields.
SECTION 14. Walk-Through.
On or after March 2, 2013, Licensee and Licensor will perform a walk-
through of the concession stand for the purpose of inspection and to relinquish
the concession stand over to Licensee. On or before August 11, 2013, a follow-
up walk-through will be performed between Licensee and Licensor for the
purpose of inspection and relinquishing Licensee from concession stand
responsibility.
At the end of term of License Agreement, the concession stand shall be
left in the same condition as it was when relinquished to Licensee during the
Page 4
initial inspection. Licensee shall be responsible for all expenses incurred by
Licensor for property damage arising out of the concession operation under this
License Agreement.
SECTION 15. Inspections.
The Licensor shall have the right to enter the concession stand at any time
during the term of this License Agreement for inspection purposes. Inspections
shall not hinder the normal operation of concession stand and, when at all
possible, Licensee will be notified of inspection and inspection shall be scheduled
with a representative of Licensee.
SECTION 16. Permits/Licensing.
Licensee shall be solely responsible for obtaining all permits and licenses
required by local, county, state or federal government and payment of any and all
fees associated therewith.
SECTION 17. Taxes.
Licensee shall be solely responsible for all taxes required by local, county,
state or federal government with respect to all aspects of the concession stand
operation.
SECTION 18. Independent Contractor.
Licensee shall be deemed at all times as an independent contractor and
not an employee of the Licensor. All persons employed to provide services under
this License Agreement shall be employees or contractors of Licensee and shall
not be deemed employees of Licensor for any reason or purpose.
SECTION 19. Insurance And Indemnification Requirements.
Licensee shall submit to the Licensor:
• A certificate of general liability insurance naming the Licensor as
additional insured in the amount of $1,000,000 per occurrence;
• An insurance endorsement form proving that the above-listed
liability insurance is in legal force.
Licensee shall indemnify, defend, and hold harmless the Licensor and its
officers and employees against all liabilities or claims of liability or loss (including
Page 5
reasonable attorney's fees, related costs and expenses) because of death,
personal injury or property damage arising or resulting from the acts or omissions
of Licensee, its employees or agents, in its operations under this License
Agreement
SECTION 20. Notice.
All notices shall be personally delivered or mailed to the below listed
addresses, or to such other addresses as may be designated by written notice.
These addresses shall be used for delivery of service of process:
[SIGNATURES ON NEXT PAGE]
Page 6
To City:
To Contractor:
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: Community Services Director
David Schniepp, President
San Juan Capistrano Little League
P.O. Box 458
San Juan Capistrano, CA 92693-0458
IN WITNESS WHEREOF, the parties have executed this Agreement the
day and year first hereinabove written.
ATTEST:
Maria Morris, City Clerk
APPROVED AS TO FORM:
Hans Van Ligten, City Attorney
Page 7
CITY OF SAN JUAN CAPISTRANO
By ______________________ __
John Taylor, Mayor
SAN JUAN LITTLE LEAGUE
By ________________________ __
David Schniepp, President