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RESOLUTION NO. 1.:2 90/
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RESOLUTION OF THE CITY OF SAN BE~~ARDINO AUTHORIZING THE
EXECUTION OF A LICENSE AGREEMENT WITH DONALD R. MITTICA RELATING
TO A LICENSE ~ USE THE TENNIS PRO-SHOPS SITUATED IN THE TENNIS
COURT AREAS OF PERRIS HILL PARK AND BLAIR PARK.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor of the City of San Bernardino is
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hereby authorized and directed to execute on behalf of said City
a License Agreement with Donald R. Mittica relating to a license
to use the tennis pro-shops situated in the tennis court areas of
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Perris Hill Park and Blair Park, a copy of which is attached
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hereto, marked Exhibit "A" and incorporated herein by reference
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as fully as though set forth at length.
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I HEREBY CERTIFY that the foregoing resolution was duly
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of. San
adopted by the Mayor and Common Council of the City
Bernardino at ~ -:fQ.-Ok-cK.'-...I/ ~~eting
on the L/?j{ day of ~~, 1977, by the
vote, to wit: ~
following
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thereof, held
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AYES:
Councilmen
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approved this 9_Y!
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day
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NAYS:
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ABSENT:
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The foregoing
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07~~ ·
1977.
of
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LICENSE AGREEMENT
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(pro-tennis shop - Perris Hill Park and Blair Park)
THIS LICENSE AGREEMENT is made and entered into this /tf) ~
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~/~~ , 1977, by and between the CITY OF SAN
a ~nicipal corporation, hereinafter called "City",
day of
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BERNARDINO,
6 and DONALD R. MITTICA, an individual, hereinafter called "Licensee.
7 WIT N E SSE T H:
8 WHEREAS, on April 22, 1977, the Mayor and Common Council
9 directed and authorized the Purchasing Agent to advertise for
10 competitive bids for the operation of the tennis pro-shops located
11 in Perris Hill and Blair Parks; and
12 WHEREAS, appropriate specifications were duly prepared,
13 published and furnished to potential bidders; and
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WHEREAS, only one bid was received, to wit: that of
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Licensee herein; and
I WHEREAS, it has been determined that said Licensee should
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be selected to operate the tennis pro-shops at the aforesaid
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IpUblic parks,
NOW, THEREFORE, in consideration of the covenants, agree-
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ments and legal detriments herein contained, it is agreed as
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follows:
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1. Grant. City hereby grants to Licensee a license
23 to use the tennis pro-shops situated in the tennis court areas
24 of perris Hill Park and Blair Park, San Bernardino, California,
25 in accordance with the terms, provisions, covenants and conditions
26 hereinafter set forth.
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2. Term. This license shall be for.a .term commencing on
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ugust 8, 1977 and ending on August 1, 1980.
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3. License Fee. Licensee does hereby covenant and
does hereby agree and shall pay to City as and for the license
fee for the use of said premises the sum of twenty-five dollars
($25.00) per month per location, for a total of fifty dollars
($50.00) per month for both locations, or ten percent (10%)
of the dollar amount of his monthly gross receipts per location
whichever is greater during the term hereof. The license fee
payable hereunder shall be paid commencing on November 1, 1977
for the period from August 8, 1977 through September 30, 1977,
and shall thereafter be paid for the preceding calendar quarter
on each succeeding January 1, April 1, July 1 and October 1
of each succeeding calendar year of the term hereof. Partial
quarters shall be pro-rated, and for the last partial quarter
of the term hereof, payment shall be made on August 1, 1980.
4. Licensee's Rights. Licensee is hereby granted the
right and privilege to operate and maintain the tennis profession-
al shops, and to provide the supplies, equipment, and associated
services for such a tennis pro-shop, and to provide tennis
instruction at each of the locations, to wit: perris Hill
Park and Blair Park, San Bernardino, California. Licensee's
rights hereunder shall be exclusive except for conditions and
provisions contrary thereto set forth in this agreement.
5. Licenses and Permits. Licensee shall obtain and
pay for all municipal or other governmental licenses or permits
required and necessary for his operations.
6. Licensee's Services. Licensee, in exercising his
rights under this agreement, shall advise tennis players with
respect to tennis equipment, shall sell, rent and repair tennis
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1 equipment and supplies; shall offer instruction to tennis players
2 on an individual and group basis; and shall select and obtain
3 tennis equipment and merchandise for sale and generally provide
4 the services ordinarily provided by a tennis pro-shop.
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7. City's Programs. City hereby reserves its rights
6 to operate additional tennis instructional services and programs
1 at all times deemed necessary and proper by City in its sole
8 discretion. Licensee shall have the right of first refusal
9 with respect to participation in the operation of any such
10 programs City deems to offer if a licensee or other operator
11 is required. City shall have the sole and exclusive right
12 to make such a determination.
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8. Director Parks & Recreation. The Director of Parks
14 and Recreation, or his designated alternate, shall be the represen
15 tative of City pursuant to Specification Nos. 5078 and 5061,
16 copies of which are on file in the Purchasing Department of City
17 for the purpose of being the responsible party for the perform-
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18 lance of all requirements provided for herein. Licensee's
19 performance hereunder shall be to the satisfaction of City's
20 Director of Parks and Recreation as a condition precedent to
21 Licensee's compliance with the terms of this license grant.
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9. Best Efforts - Tennis Program. Licensee shall strive
to and exert his best efforts to develop and expand a vigorous
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tennis program in the two City parks in the City.
10. Extent of Use. Licensee shall have the right to
26 use the tennis professional shop and one tennis court for profes-
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sional instruction at each of the locations. The Director
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. . . . . . . . . .
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of Parks and Recreation of City shall select and assign the
tennis courts to Licensee. Licensee may be permitted to use
other courts selected by the Director of Parks and Recreation
provided he has first obtained authorization in writing from
said Director to so do.
11. Licensee - Enforcement. At all times during the
business hours provided for herein, Licensee shall maintain
and enforce a requirement to register tennis players using
the public courts when necessary, and Licensee shall enforce
time limits for tennis players when others are waiting to use
the tennis courts. The Director of Parks and Recreation shall
determine the extent of the time limits, shall periodically
review same, and advise Licensee as to his determination.
Licensee shall not be responsible for designating time limits
upon the courts available for use by the public without being
advised as to the standards and extent of such time limits
by said Director.
12. Failure of Licensee to Perform. Should Licensee
fail in his performance of any covenants, terms and condition~
of this agreement, City may immediately declare Licensee to
be in default under the provisions of this agreement as set
forth in Section 35 hereof.
13. Licensee - Maintain Premises. Licensee shall maintain
and keep the premises which are the subject of this license
and surrounding areas in a clean and neat condition at all
times. Licensee shall not permit any offensive refuse material
or any substance constituting any unnecessary or unreasonable
fire hazard detrimental to the public health and safety to
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1 be or remain upon the premises licensed hereunder. Licensee
2 shall exert his best efforts to prevent any such matter or
3 materials to be upon or accumulate upon the said premises.
4 14. Conduct of Business. Licensee shall, at all times,
5 conduct his business in a professional and orderly manner to
6 the satisfaction of City.
7 15. No Intoxicants or Illegal Narcotics. Licensee shall
8 use his best efforts to prevent intoxicated person or persons,
9 profane or indecent language, or boisterous or loud conduct
10 in or about the premises, and Licensee shall call police officers
11 when necessary to assist in maintaining peaceful conditions.
12 Licensee shall not knowingly permit the use or possession of
13 illegal narcotics on the premises.
14 16. City Tournaments, Etc. City reserves all rights
15 hereunder to limit tennis instruction by Licensee so that such
16 instruction will not interfere with periods of intense public
17 usage of the tennis courts. City shall have the right to use
18 all tennis courts for tournament or other match play. All
19 tournaments or other match play requiring the use of all tennis
20 courts shall be coordinated with Licensee to avoid scheduling
21 conflicts whenever possible. Licensee shall be entitled to
22 seven days advance written notice of the use of all of the
23 tennis courts for such tournaments or other match play. The
24 determination by city's Director of Parks and Recreation as
25 to any limitation in the use of all of the courts shall be
26 final and conclusive.
27 17. Licensee - Employees Licensee shall provide such
28 employees as may be required to render courteous and efficient
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1 service to the public.
2 18. Vending Machines. Should Licensee dispense soft
3 drinks from vending machines, either cups or reusable bottles
4 shall be used. Disposable or throw-away type bottles shall
5 not be used. All merchandise offered for sale by Licensee,
, including, but not limited to, sporting goods, garments, footwear,
7 curios, food, drinks, beverages, confections, refreshments,
8 etc., sold or maintained for sale, by Licensee shall conform
9 to all federal, state and municipal laws, ordinances, regulations
10 and standards in every respect. All edible merchandise shall
11 be subject to county, state and local sanitation and health
12 requirements. The sale of beer, wine, or other intoxicating
13 beverages is, and shall be, prohibited.
14 19. Hours of Operation. Licensee shall maintain the
15 premises open on a daily basis, or permit, during such hours
16 as required by the city's Director of Parks and Recreation
17 to adequately service the public. It is understood and agreed
18 by the parties hereto that generally this shall mean a minimum
19 of six hours per day for six days per week. Any deviation
20 from such hours and days of operation as designated by said
21 Director shall be subject to the prior written approval of
22 the City's Director.
23 20. Merchandise and Equipment. Licensee shall furnish
24 and maintain at his sole expense any additional equipment and
25 furnishings required for the conduct of the license required
26 hereunder. Licensee shall purchase all merchandise and expendable
27 at his sole expense and said merchandise and expendables shall
28 remain his personal property. Said expendables may include
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any of the following items: sun glasses, instruction gear,
2 tennis equipment, office supplies, etc. In the event of the
3 termination of this agreement by expiration of the term or
4 as otherwise provided herein, Licensee shall have the right
5 to remove his equipment and furnishings, excluding improvements,
6 from the premises. Licensee shall have the right for a period
7 of thirty (30) days after such termination to remove said items.
8 Should Licensee fail to remove said items within said thirty
9 (30) day period, then any and all equipment, furnishings, merchan-
10 dise, expendables or other items left upon the premises shall
11 be conclusively deemed to have been abandoned by Licensee and
12 said items shall become the property of City.
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21. Maintenance and Repairs. Licensee shall provide
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14 all maintenance, repair and service required on all equipment
15 used on the premises licensed hereunder or such items owned
16 by Licensee or by City. city may direct Licensee to perform
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repairs and maintenance to such equipment in so far as the
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sanitation and appearance of the premises is concerned. Equipment
!provided by City for the premises shall not be removed or replaced
ibY Licensee without the prior written consent of City. Any
I removal of any such City owned equipment shall be made at the
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expense of Licensee. City may direct that certain maintenance
or repairs to City owned and installed equipment be performed
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where such work is necessary to protect the premises or to
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provide a clean, attractive and well maintained tennis facility.
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City shall bear the expense when the work is performed on the
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premises owned and operated by City.
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22. Sales Tax Permits, Business Licenses, Etc. Licensee
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shall obtain, at his sole expense, any and all permits or licenses
which may be required in connection with his operations hereunder,
including, but not limited to, sales tax permits, business
licenses, health permits, police and fire permits, etc.
23. Personal Attention. The Concession Manager is the
person with whom the City may deal on a daily basis regarding
the subject concession. City prefers that the Concession Manager
be the Licensee himself (if Licensee is an individual), one
of the partners (if Licensee is a partnership) or an officer of th
corporation (if Licensee is a corporation). Any other person
selected by Licensee as Concession Manager shall be skilled in
management of businesses similar to the licensed concession.
The Concession Manager shall devote sufficient time and attention
to the operation of the concession and shall promote, increase
and develop the business and render every possible service and
convenience to the public. If he is not himself the Licensee,
the Concession Manager shall be fully acquainted with Licensee's
operations and contract obligations, and authorized by Licensee
to act in his behalf and fulfill his obligations in the day-to-day
operation of the subject concession.
24. Signs and Advertisements. No signs of any kind shall
be displayed unless so approved by the City, who may require
removal or refurbishment of any sign previously approved.
Licensee shall not permit vendors to display wares inside or
outside the building or on said property unless written per-
mission is secured from the City, and such permission shall be
sUbject to revocation at any time. In each facility licensed
hereunder, a sign shall be posted in a prominent place stating
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that the concession is operated under a License Agreement
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issued by the City.
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25. Taxes. Licensee shall pay all assessments and taxes
4 including all personal property taxes as required by any law,
5 statute or ordinance, and shall promptly pay any and all possessor
6 interest taxes which may be imposed by reason of Licensee operat-
7 ing upon the premises for which this license is granted.
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26. Use of Area. Licensee shall not interfere with the
public's enjoYment and use of the licensed premises or surround-
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ing public property for the purposes for which they were intended.
He shall not use the licensed premises for any purpose which is
12 not essential to the licensed operations. He shall not rent,
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13 sell, lease or offer any space for storing any article or
14 articles whatsoever within or on the licensed premises other than
15 his own equipment, without the prior written consent of the City.
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27. Utilities. Licensee shall pay all charges for tele-
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phone and electrical services necessary to carryon the licensed
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'concession operations. The telephone number shall be placed
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in the name of the facility and shall not be transferable to any
20 other location. City shall supply water to the premises and City
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shall bill the Licensee for electricity on a monthly basis.
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The billing for electricity shall be made by City on a pro-
23 rated basis as determined by City. City's determination of
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said charge for electricity shall be final and conclusive.
28. Safety. Licensee shall first receive written approval
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26 from the City before installing or permitting vending machines
27 to be installed. Licensee shall correct safety violations
28 or safety practices immediately and shall cooperate fully with
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City in the investigation of accidents occurring on the licensed
premises. In the event of injury to a patron or customer,
Licensee shall ensure that the injured person receives prompt
and qualified medical attention, and as soon as possible thereafte ,
he shall submit a City "Non-Employee Accident or Illness Report".
Licensee shall promptly notify City of any hazardous condition
which could lead to injury.
29. Work Must Be Safe. It shall be the Licensee's respon-
sibility to insure that all materials, equipment and work
operations are in conformity with CAL-OSHA standards and that
all necessary precautions are undertaken at all work areas which
may constitute a hazard to property and/or life.
(a) The Licensee agrees to save from harm and to
protect the City, its elective and appointive boards, commissions,
officers, agents and employees from every claim or demand which
may be made by reason of any injury to persons or property sus-
tained by the Licensee or by any person, firm or corporation
employed directly or indirectly by him upon or in connection with
his work, however caused; any injury to person or property sus-
tained by any person, firm or corporation, caused by any act,
neglect, default or omission of the Licensee or of any person,
firm or corporation directly o~ indirectly employed by him upon
or in connection with his work whether the said injury or damage
occurs upon or adjacent to the work. And the Licensee at his
own cost, expense and risk shall defend any and all actions,
suits, or other legal proceedings that may be brought or in-
stituted against the City on any such claim or demand, and payor
satisfy the judgment that may be rendered against the City in any
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1 such action, suit or legal proceedings or result thereof.
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30. Renewal option. Should during the term hereof,
3 Licensee faithfully perform all obligations of this agreement re-
4 quired to be performed by him, then, this License Agreement
5 may be renewed and extended upon the consent of the City for
6 the further term of three (3) years from the expiration of
1 the term granted hereby upon such terms, conditions, covenants,
8 restrictions and license fees as may be approved by the City.
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31. Transition.
It is understood and agreed by the
10 parties hereto that Licensee has previously been conducting
11 his activities in one of the locations licensed to Licensee
12 hereunder and that the other location is and has been previously
13 I licensed to another licensee. Licensee shall not occupy the
14 premises licensed to the other licensee or begin his operations
15 in said premises until forty-five (45) days after the award
16 is made unless he and the current licensee agree on an earlier
11 transition date.
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32. License Fee. Monthly license fees shall be a per-
19 centage of the gross receipts or a guaranteed amount offered by
20 Licensee, whichever is greater. The categories, as indicated on
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the proposal form, are:
receipts from the tennis pro-
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fessional shop and receipts from the tennis instructional
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service or the monthly license fee. Special attention should be I
paid to the definition of gross receipts set out therein. The I
Licensee shall pay to the city on a quarterly basis a consideratioJ
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pursuant to the agreement for the operat1on dur1ng the prece 1ng
21 quarter. If said consideration is based on gross receipts, the
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1 sale price of all sales, or the total amount charged or received
2 for the performance of any act or service (whether such act or
3 service is done as a part of or in connection with the sale of
4 goods, wares, merchandise or not), for which a charge is made or
5 credit is allowed, including all receipts, cash, credits, and
6 property of any kind or nature. However, gross receipts does
7 not include cash discounts allowed or taken on sales, or the
8 amount of any sales or use tax required by law to be included or
9 added to the purchase price and collected from the consumer or
10 purchaser and paid by Licensee. In the event merchandise is
11 taken in trade,. gross receipts means the full price of the
12 merchandise sold, less the fair market trade-in allowance, less
13 retail sales taxes. When the traded merchandise is sold, gross
14 receipts means the actual selling price, less retail sales taxes.
15 In the case of vending machines, gross receipts shall be the
16 total amount taken by the vending machines after sales and excise
17 taxes. Licensee shall transmit with his license fees a monthly
18 gross receipts and license fee report for each of the three (3)
19 months for which license fees are submitted. The City shall
20 provide a form for this purpose, and the completed form shall
21 include a statement of the gross receipts by source of sales, and
22 such other information as the city may properly require. The
23 license fees shall be addressed to the Director of Finance,
24 city Hall, 300 North "0" Street, San Bernardino, CA 92418. In
25 the event Licensee fails to submit his license fees by the date
26 they are due, an additional payment of two percent (2%) of the
27 amount due may be charged for each month or fraction thereof
28 said license fees remain unpaid. This charge is intended to
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compensate City for additional accounting and administrative
costs.
33. Improvements. No improvements may be made by
Licensee unless specifically authorized by the agreement. How-
ever, City shall have the right to authorize Licensee to make
additional improvements, and the city may authorize Licensee to
make minor improvements, including utility changes when they deem
such improvements to be in the City's best interest. In addition,
the City may, from time to time, make certain improvements which
it deems to be advantageous or necessary for the protection of
public property.
34. Liability. Licensee shall file with the City, upon
execution of this License Agreement by Licensee, two copies of a
policy of public liability and property damage insurance in the
following amounts:
(a) One hundred thousand dollars ($100,000.00) bodily
injury each person.
(b) Three hundred thousand dollars ($300,000.00) bodily
injury each occurrence.
(c) Twenty-five thousand dollars ($25,000.00) property
damage; and which meets the following requirements:
(1) No deductible clause is permitted.
(2) There is to be no aggregate amount.
(3) Provides coverage for "all operations of the
insured conducted on Cit~ property", and contains a description
of the work performed by the insured; (this may require policy
(ies) covering premises occupied, products sold, amusement
liability or automobiles used) .
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(4) All signatures must be handwritten on any policy,
certificate, or endorsement. Rubber stamp signatures are not
acceptable.
35. Faithful Performance Bond. The Licensee shall furnish
a Faithful Performance Bond or Certified Check to the city of
San Bernardino in the amount of five hundred dollars ($500.00)
which shall be subject to the approval of the City of San
Bernardino and said bond shall be in accordance with Ordinance
No. 821, Section 2400, and the corporation issuing said bond shall
have a rating in Best's Insurance Guide of "A" or higher.
36. Default and Cancellation. In the event that
Licensee shall default in the performance or fulfillment of any
covenant or condition herein contained, neglects or refuses to
pay the consideration or any part thereof within thirty (30) days
after the same is due, then City may, at its option without notice
or demand upon Licensee or upon any person claiming by, through
or under Licensee, immediately cancel and terminate this agree-
ment and terminate each and every right of Licensee and such
person, in which event the premises shall immediately revert to
city, together with any and all improvements placed thereon and
the City may thereupon enter into and upon the premises and
repossess the same and expel Licensee and any employee, agent or
other representative of the Licensee. The rights and remedies
of City, as hereinabove set forth, are cumulative and shall in
no way be deemed to limit any of the other provisions of this
agreement or otherwise to deny to city any right or remedy at
law or in equity which the City may have or assert against
Licensee under any law in effect at the date hereof or which may
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hereafter be enacted or become effective; it being the intent
hereof that the rights and remedies of the City as hereinabove
set forth, shall supplement and be in addition to the above con-
siderations. This License Agreement may be terminated by mutual
consent by giving a sixty (60) day written notice.
37. Bankruptcy. If Licensee becomes insolvent, voluntarily
or involuntarily bankrupt, or if a receiver, assignee for creditor,
or other liquidating officer is appointed for Licensee, City may
terminate this license at its option.
38. No Assignment or Sublease. Licensee shall not assign
this License Agreement or any interest therein or sublet the
premises, or any part thereof, or any right-or privilege
appurtenant to it, or allow any person other than Licensee and
his agents and employees to occupy or use the premises. Any
unauthorized assignment or sublease shall be void, and shall
terminate this License Agreement at the City's option.
39. Business Records. Licensee shall maintain adequate
accounting records of all receipts and disbursements in connection
with his operations under this License Agreement. Said account-
ing records shall be maintained on a cash basis and in accord-
ance with generally acceptable accounting principals and shall
correctly and accurately record on a current basis the gross
receipts and disbursements received or made by Licensee from
his operations hereunder. Said accounting records for Licensee's
operations hereunder shall be separate from any accounting re-
cords used for any other business operated by Licensee or for
recording Licensee's personal financial affairs. Further,
said accounting records shall be established in such a manner
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that the activities of the two locations, to wit: Blair Park
and Perris "Hill Park shall be separately recorded and stated.
For each of said locations, Licensee shall maintain and keep the
following records:
(a) Original books of entry, such as general ledgers;
(b) Journals, including any supporting detailed docu-
ments;
(c) State and Feqeral income tax returns and sales tax
returns, checks and other documents supporting payments of
sums shown.
(d) Cash register tapes or other receipts. (Daily
tapes of receipts shall not be separated and shall be retained
on continuous rolls in order that daily sales may be identified.);
(e) Any other accounting records that City, in its sole
discretion, deems necessary for proper identification of reported
receipts.
Further, Licensee shall maintain separate bank accounts
through which he shall handle the business of the licensed
locations.
All documents, books and accounting records shall be open
for inspection and reinspection at any reasonable time during the
term of the agreement and for a reasonable period, not to exceed
one year, thereafter. In addition, the city may from time to
time conduct an audit and reaudit of the books and business
conducted by Licensee and observe the operation so that accuracy
of the above records can be confirmed. If the report of gross
sales made by Licensee to the city shall be found to be less than
the amount of gross sales, disclosed by such aud~t and observa-
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tion, Licensee shall pay the city within thirty (30) days after
billing any additional license fees disclosed by such audit. If
discrepancy exceeds two percent (2%) and no reasonable explanation
is given for such discrepancy, Licensee shall also pay the cost
of the audit. Licensee shall transmit a profit and loss state-
ment and a balance sheet for the licensed operations, prepared
in a form acceptable to the City within sixty (60) days of
the close of each of Licensee's fiscal or calendar years during
the term of the License Agreement. The profit and loss statement
shall set forth an expense account entitled "Compensation to
Officers" or an account having some similar title. The amount
shown opposite this item shall include all salaries or other com-
pensation for services derived from the licensed operations by
Licensee, members of his family, officers of the Licensee's
corporation. directors, shareholders, any individual owning stock
indirectly and other persons employed by Licensee to manage the
operations or supervise Licensee's employees. These salaries
or other compensation shall not be indicated in any other ex-
pense category. All information obtained in connection with the
City's inspections of records or audits shall be received and
maintained in confidence and shall not be disclosed to anyone not
directly connected with the official business of the city. In
addition to provisions set out above. a log showing the dates and
times of all lessons. must be maintained and available at the
site for inspection at any time. This log is to be considered an
accounting record. Before beginning operations. Licensee shall
contact the City Finance Department to arrange for other specific
accounting records and procedures.
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40. Regulations, Inspection and Directives.
(a) Law and Ordinances. Licensee shall conduct his
business in accordance with all laws, ordinances, rules and
regulations applicable to such business as set forth by the City,
County, State and Federal government.
(b) Right of Inspection. Authorized City representatives,
agents and employees shall have the right to enter upon the
licensed premises at any and all reasonable times for the purpose
of inspection and observation of Licensee's operations.
Said inspections may be made by persons identified to
Licensee as City employees, supervisors, etc. Inspections may
be made for the purpose set forth below; however, the enumerations
below shall not be construed to limit the City's right of in-
spection for any purpose incidental to the rights of the City:
(1) To determine if the terms and conditions of the
License Agreement or permit are being complied with.
(2) To observe transactions between Licensee and
patrons in order to evaluate the courtesy extended to and method
of dealing with the public, the performance and caliber of
Licensee's employees, and the methods for recording receipts.
The information obtained on these inspections may be used
to evaluate Licensee in order to provide a basis for action by the
City for the renewal or denial of renewal of the concession.
41. Surrender of Premises. At the end of the term, or
sooner termination provided for hereunder, Licensee shall quit
and surrender possession of said premises to City in as good and
usable condition as at the commencement of the term, reasonable
wear and tear excepted therefrom.
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42. Notices. All notices herein required shall be in
2 writing and delivered in person or sent by certified mail, po stag
3 prepaid, addressed as follows:
4 Director of Parks & Recreation
300 North "D" Street
S San Bernardino, CA 92418
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Donald R. Mittica
3106 pico
San Bernardino, CA 92405
43. Licensee's Waiver. Licensee's waiver of breach of
9 one term, covenant, or condition of this License Agreement is not
10 a waiver of breach of others, nor of subsequent breach of the
11 one waived. City's acceptance of license fees after breach is
12 not a waiver of the breach, except of breach of the covenant to
13 pay the license fees or installments accepted.
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44. Time of Essence. Time is of the essence of this
15 License Agreement.
16 IN WITNESS WHEREOF, the parties hereto have executed this
17 License Agreement on the date first hereinabove written.
,
BERNARDINO
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20/ ,y;;..c // / ( t.~L~/'r;:>fl,/it/
-City Clerk '
By
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ATTEST:
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CENSEE
By Q""d.,U If ~
Donald R. J.ttJ.ca
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..'"
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