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RESOLUTION NO. /;J,-jL.:2,:L
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A LICENSE BETWEEN SAID CITY AND SAN BERNARDINO COLT
3 LEAGUE, INC., RELATING TO THE OPERATION AND MAINTENANCE OF CON-
CESSION FACILITIES LOCATED AT PERRIS HILL BALL PARK.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
5 OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The Mayor of the City of San Bernardino is
7 hereby authorized and directed to execute on behalf of said City
8 a license between said City and San Bernardino Colt League, Inc.,
9 relating to the operation and maintenance of the concession facili ies
10 located at perris Hill Ball Park, a copy of which is attached
11 hereto, marked Exhibit "A" and incorporated herein by reference
12 as fully as though set forth at length.
13 I HEREBY CERTIFY that the foregoing resolution was duly
14 adopted by the Mayor and Common Council of the City of San
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~~~ ' 1976,
by the following
meeting thereof, held
Bernardino at a
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on the /7- day of
,
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vote, to wit:
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AYES: Councilmen a--r.... -tt.-1 ~~.
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NAYS: (I.lu/-"';~: ~~;J.,~ ~fl~",A;/
ABSENT: f3/./","A,J~ ~ ,j'.,J
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The foregoing resolution is
PJ7J7- ' 1976.
d
/~ day
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of
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_.
rney
f'1AY 2~ 1976
I:UqJ!;LE GOfORTH. ~ CId
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L ICE N S E
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(perris hill ball park concession stand)
between the
and entered into at San Bernardino,
(J~
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CITY OF SAN BERNARDIN~ a municipal corporation,
v
called "City", and SAN BERNARDINO COLT LEAGUE, INC.,
THIS LICENSE is made
'IIi
California, this /~- day of
, 1976, by and
hereinafter
hereinafter called "Licensee".
CITY AND LICENSEE DO HEREBY COVENANT AND AGREE AS FOLLOWS,
TO WIT:
For and in consideration of the covenants and agreements
hereinafter contained, City does hereby license to League, sub-
ject to the conditions, promises and covenants hereinafter
delineated, the use of all of the following described property
and premises situate in the City and County of San Bernardino,
State of California, and more particularly described as follows,
to wit:
The perris Hill Ball Park Concession Stand
situate in perris Hill Park, San Bernardino,
California.
1. TERM. For a term commencing on the date first herein-
above written and ending one (1) year thereafter (unless earlier
terminated pursuant to this license), Licensee does hereby
covenant and agree to pay to City sums of twenty dollars ($20.00)
per month or ten percent (10%) of its gross sales receipts per
month, whichever is greater, said sums to be paid on a quarterly
basis each year.
2. LICENSE GRANTED. Licensee shall be granted the right
and privilege to operate and maintai~ a Concession Stand for the
sale of refreshments at Perris Hill Ball Park. This right is
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exclusive except as set out herein. Licensee shall pay for and
obtain all licenses and permits necessary for the operations
granted; comply with all state, County or City laws or ordinances
pertaining to the operation of a food concession; and generally
provide refreshment services as needed. City reserves the right
to grant all concession rights at perris Hill Ball Park to
Southern California Gems, Incorporated, a licensee of the City of
San Bernardino on the following dates: May 28, 1976; June 3, 4,.
11, 12, 18, 19, 20, 22, 23, 24, 25, 1976; July 17, 18, 20, 21, 22,
23, 29, 30, 1976; August 3, 10, 11, 12, 24, 28, 29, 31, 1976; and
September 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18,
19, 1976. Should Southern California Gems, Incorporated, desire
not to exercise their concession rights on any or all of the
above dates, Licensee will be given the right of first refusal to
provide concession services.
3. PREMISES. The premises to be licensed include the
Concession Stand and Sp~ctator areas of Perris Hill Ball Park.
Licensee shall be permitted to use vendors in the spectator seat-
ing areas.
4. OPERATING RESPONSIBILITIES. In the event Licensee
fails to perform and comply with the provisions hereof, the
Director of Park and Recreation may immediately cancel this
license without notice to Licensee.
a. Cleanliness. Licensee shall keep the licensed
premises and all the bleacher areas clean at all times. No
offensive refuse matter, nor any substance constituting an un-
necessary, unreasonable fire hazard (or material detrimental to
the public health and safety) shall be permitted or remain there-
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on, and Licensee shall prevent any such matter or material from
being or accumulating upon said premises, and shall immediately
clean the spectator areas of all debris caused by the exercise of
its concession rights.
b. Conduct. Licensee shall at all times conduct its
business in a quiet and orderly manner to the satisfaction of
said Director.
c. Disorderly Persons. Licensee shall use its best
efforts to permit no intoxicated person or persons, profane or
indecent language, or boisterous or loud conduct in or about the
premises and shall call upon the aid of peace officers to assist
in maintaining the peace. Licensee shall not knowingly permit
the use or possession of narcotics on the premises.
d. Employees. Licensee shall provide such employees
or helpers on the premises as may be required to render courteous
service to the public.
e. Merchandise. Soft drinks shall be dispensed in
paper cups, rather than any type of bottle or can. All merchandis
including but not limited to food, drinks, beverages, confections,
refreshments, etc., sold or kept for sale by Licensee shall con-
form to all federal, state and municipal laws, ordinances and
regulations in every respect. The handling of all edible
merchandise shall be subject to county, state and local sanitation
requirements. The sale of beer, wine or other intoxicating liquor
shall not be permitted unless authorized under the terms and
conditions of City Ordinance No. 1554.
f. Hours/Days of Operation. Licensee shall keep the
concession open during such hours and days as required by the
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1 Director to adequately serve public demand, including all schedule
2 uses of the Ball Park except as otherwise specified in Section 2
3 above. Any deviation from such hours of operation shall be sub-
4 ject to the prior approval of the Director in writing.
5 g. Equipment, Furnishing and Expendables. Any
6 additional equipment and furnishings required for said concession
7 shall be purchased and installed by the Licensee at its own
8 expense. Licensee shall purchase all expendables at its own
9 expense, said expendables to remain its personal property. Upon
10 termination of the License, Licensee shall have the right to
11 remove its equipment, personalty and furnishings, excluding
12 fixtures and improvements, from the premises and shall be allowed
13 a period of thirty (30) days to make such removal; provided that
14 said equipment, personalty, furnishings and expendables shall be
IS and become the property of the City if not removed within that
16 period.
17 h. Maintenance of Equipment. Licensee shall provide
18 all maintenance, repair and service required for equipment used
19 in the concession, whether owned by Licensee or City. Insofar
20 as sanitation and appearance of the concession is involved, the
21 Director may direct Licensee to perform necessary repairs and
22 maintenance to Licensee-owned equipment. No equipment provided
23 by City shall be removed or replaced by Licensee without the
24 prior written consent of the Director; and if consent is secured,
25 such removal or replacement may be at the expense of the Licensee.
26 The Director may direct that certain maintenance or repairs to
27 City-owned and installed equipment be performed where such work
28 is necessary to protect the property or to provide a clean,
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1 attractive and well-maintained premises. The City shall bear the
2 expense at agreed upon terms when the work performed is on premise
3 owned and operated by the City.
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i. Permits and Licenses. Licensee shall obtain all
S required permits and licenses in connection with the operation of
6 the concession, including, but not limited to: tax permits,
7 business licenses, health permits, police and fire permits, etc.
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j. Personal Attention. The Concession Manager is the
9 person with whom the Director shall ordinarily deal on a daily
10 basis regarding the subject concession. City prefers that the
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Concession Manager be the Licensee himself (if Licensee is an
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I individual), one of the partners (if Licensee is a partnership),
lor an officer of the corporation (if Licensee is a corporation).
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!AnY other person selected by Licensee as Concession Manager shall
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be skilled in management ~f businesses s~ilar to the licensed
16 concession. The Concession Manager shall devote a great part of
17 his personal time and give full attention to the operation of the
18 concession and shall promote, increase and develop the business
19 and render every possible service and convenience to the public.
20 If he is not himself the Licensee, the Concession Manager shall
21 be fully acquainted with Licensee's operations and contract
22 obligations, and authorized by Licensee to act in its behalf and
23 fulfill its Obligations in the day-to-day operation of the subject
24 concession.
2S
k. Signs and Advertisements. No signs of any kind
26 shall be displayed without the prior approval of the Director,
27 who may require removal or refurbishment of any sign previously
28 approved. Licensee shall not permit vendors to display wares
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1 inside or outside the building or on said property unless written
2 permission is secured from the Director, and such permission shall
3 be subject to revocation at any time. In each facility licensed
4 hereunder, a sign shall be posted in a prominent place stating
S that the concession is operated under a License issued by the
6 City.
7 1. Taxes. Licensee shall pay all taxes as required
8 by any law, statute or ordinance.
9 m. Use of Area. Licensee shall not interfere with
10 the public's enjoyment and use of the licensed premises or surroun -
11 ing public property for the purposes for which they were intended;
12 shall not use the licensed premises for any purpose which is not
13 essential to the licensed operations; and shall not rent, sell,
14 lease or offer any space for storing of any article or articles
1S whatsoever within or on the licensed premises other than its own
16 equipment without the written consent of the Director.
17 n. Utilities. Licensee shall pay all charges for
18 telephone, electrical and gas utility services necessary to carry
19 on the licensed concession building operations. The telephone
20 number shall be placed in the name of the facility and shall not
21 be 1:r.....c;tE'-+t"!Il:l~, to any other location. City shall supply water
22 and bill the Licensee for the electrical and gas utility services
23 on a monthly basis.
24 o. Vending Machines. Licensee shall first receive
2S written approval from the Director before installing or permitting
26 any vending machine to be installed.
27 p. Accidents. Licensee shall cooperate fully with
28 City in the investigation of accidents occurring on the licensed
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1 premises. In the event of injury to a patron or customer,
2 Licensee shall ensure that the injured person receives prompt and
3 qualif~d medical attention, and as soon as possible thereafter,
4 iit shall submit a City "Non-Employee Accident or Illness Report".
5 Licensee shall notify City of any hazardous condition which could
6 lead to injury.
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5. PAYMENTS. Monthly sums of ten percent (10%) of gross
8 concession sales receipts or twenty dollars ($20.00) per month,
9 whichever is greater, shall be paid to City on a quarterly basis.
10 The term "Gross Sales Receipts" is defined to mean the total
11 amount of the sale price of all sales, or the total charged or
12 received for the performance of any act or service (whether such
13 act or service is done as a part of or in connection with the
14 sale of goods, wares, merchandise or not), for which a charge is
IS made or credit is allowed, including all receipts, cash, credits
16 and property of any kind or nature. In the case of vending
17 machines, Gross Sales Receipts shall be a total amount taken by
18 the vending machines after sales and excise taxes. Licensee shall
19 transmit with i~s rental payment a Monthly Gross Sales Receipts
20 and Sum Report. The Director shall provide a form for this pur-
21 pose, and the completed form shall include a statement of the
22 Gross Sales Receipts by source of sales, and such other informatio
23 as the Director may properly require. The payment shall be
24 addressed to:
2S
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Finance Department
City Hall
300 North "0" Street
San Bernardino, California 92418
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28 In the event Licensee fails to submit its payment on or before
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the date it is due, an additional payment of two percent (2%) of
the amount due will be charged for each month or fraction.thereof
said rent remains unpaid. This charge is intended to compensate
City for additional accounting and administrative costs.
6. IMPROVEMENTS. As set out herein or in the Specificatio 8
or Permit for the subject concession, no improvements may be made
by Licensee unless specifically authorized by the License or Per-
mit. However, City shall have the right to authorize Licensee to
make additional improvements, and the Director may authorize
Licensee to make minor improvements, including utility changes
when they deem such improvements to be in City's best interest.
In addition, City may, from time to time, make certain improve-
ments which it deems to be advantageous or necessary for the pro-
tection of public property. Unless specified in this License or
in subsequent authorization, improvements made at the sole cost
and expense of Licensee shall not be deducted from payments to
City or any other financial compensation paid by City.
7. LIABILITY. The Licensee shall hold the City of San
Bernardino and its employees and agents free and harmless from
any liability which may arise out of an accident or injury result-
ing from the use of said property and improvements while under
the use or control of said Licensee, and shall furnish the City
evidence of insurance in the amount of $100,000/$300,000 for
public liability and $25,000 for property damage.
8. FAITHFUL PERFORMANCE BOND. The Licensee shall furnish
a Faithful Performance Bond or certified check to the City of San
Bernardino in the amount of $500.00 which shall be subject to the
approval of the City of San Bernardino and said Bond shall be in
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1 accordance with Ordinance No. 821, Section 2400, and the corporati n
2 issuing said Bond shall have a rating in Best's Insurance Guide
3 cif "A" or higher.
4 9. DEFAULT AND CANCELLATION. In the event that Licensee
5 shall default in the performance or fulfillment of any covenant or
6 condition herein contained, or shall neglect or refuse to pay the
7 consideration or any part thereof within thirty (30) days after
8 the same is due, then City may, at its option without notice or
9 demand upon Licensee or upon any person claiming by, through or
10 under Licensee, immediately cancel and terminate this license and
11 terminate each and every right of Licensee and such person, in
12 which event the premises shall revert to City, together with any
13 and all improvements placed thereon and the City may thereupon
14 enter into and upon the leased premises and repossess the same and
15 expel Licensee and any employee, agent or other representative of
16 the Licensee. The rights and remedies of City, as hereinabove
17 set forth, are cumulative and shall in no way be deemed to limit
18 any of the other provisions of this license or otherwise to deny
19 to City any right or remedy at law or in equity which City may
20 have or assert against Licensee under any law in effect at the
21 date hereof or which may hereafter be enacted or become effective;
22 it being the intent hereof that the rights and remedies of City,
23 as hereinabove set forth, shall supplement and be in addition to
24 and in aid of the other provisions of this license and of any
25 right in addition to the above consideration. This license may
26 be terminated by mutual consent of the parties.
27 10. ASSIGNMENT, SUBLEASE. Licensee shall not assign this
28 license or any interest therein or sublet the licensed premises,
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or any part thereof, or any right or privilege appurtenant to it,
or allow any person other than Licensee and its agents and
employees to occupy or use the premises without the prior written
consent of the Director. Any unauthorized assignment or sublease
shall be void, and shall terminate this license at the City's
option.
11. BUSINESS RECORDS. Licensee shall be required to
maintain a method of accounting of the receipts and disbursements
in connection with the subject concession which shall correctly
and accurately reflect the Gross Sales Receipts and Disbursements
received or made by Licensee from the operation of said concession
The method of accounting, including bank accounts, established
for the subject concession shall be separate from the accounting
system used for any other business operated by Licensee or for
recording Licensee's personal financial affairs. Such method
shall include the keeping of the following documents:
a. Regular books of accounting, such as general
ledgers.
b. Journals including any supporting and underlying
statements, etc.
c. State and Federal income tax returns and sales tax
returns and checks and other documents providing payment of sums
shown.
d. Cash register tapes or rece~pts (daily tapes of
receipts shall not be separated and shall be retained on continu-
ous rolls, so that from day to day the sales can be identified).
e. Any other accounting records that City, at its
discretion deems necessary for proper reporting of receipts.
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All documents, books and accounting records shall be open for in-
spection and reinspection at any reasonable time during the term
of the License or Permit and for a reasonable period, not to
exceed one year, thereafter. In addition, City may from time to
time conduct an audit and reaudit of the books and business con-
ducted 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 City shall be found to be less then the amount
of Gross Sales, disclosed by such audit and observation, Licensee
shall pay City within thirty (30) days after billing any additiona
payments 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 Statement and a Balance
Sheet for the licensed operations, prepared in a form acceptable
to the Director within sixty (60) days of the close of each of
Licensee's fiscal or calendar years during the term of the License
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 compensation for the services derived from
the licensed operations by Licensee, members of its 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 expense category. All information obtained
in connection with City's inspections of records or audits shall
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1 be received and maintained in confidence and shall not be dis-
2 closed to anyone not directly connected with the official business
3 of City. Before beginning operations, Licensee shall contact the
4 Finance Department to arrange for other specific accounting
5 records and procedures.
6 12. REGULATIONS, INSPECTION AND DIRECTIVES.
7 a. Law and Ordinances. Licensee shall conduct its
8 business in accordance with all the laws, ordinances, rules and
9 regulations applicable to such business as may be set forth by
10 the City, County, State and Federal governments.
11 b. Right of Inspection. City and the Director, their
12 authorized representatives, agents and employees shall have the
13 right to enter upon the licensed premises at any and all reasonabl
14 times for the purpose of inspection and observation of Licensee's
15 operations. Said inspections may be made by persons identified
16 to Licensee as City employees, supervisors, etc. Inspections may
17 be made for the purpose set forth belowl however, the enumerations
18 below shall not be construed to limit City's right of inspection
19 for any purpose incidental to the rights of the City:
20 (1) To determine if the terms and conditions of
21 the License or Permit are being complied with.
22 (2) To observe transactions between Licensee and
23 patrons in order to evaluate the courtesy extended to and method
24 of dealing with the public, the performance and caliber of
25 Licensee's employees, and the methods for recording receipts.
26 13. SURRENDER OF POSSESSION. Licensee shall quit and
27 surrender possession of said premises to City in as good and usabl
28 a condition, subject to normal wear and tear, acceptable to the
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Director, as the same were in at the time of the first occupation
thereof by Licensee.
IN WITNESS WHEREOF, the parties have hereto executed this
License on the date first hereinabove written.
CITY OF SAN BERNARDINO
ATTEST:
---;.?:~
SAN BERNARDINO COLT LEAGUE, INC.
By ~.,;/ ;? c#iI!
Title (~yL?-~
b
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