Loading...
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