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Home My WebLink AboutNORTHWEST LITTLE LEAGUEAGREEMENT THIS AGREEMENT is made and entered into this 18th day of November , 197.4, by and between the City of Santa Ana, a chartered municipal corporation, hereinafter referred to as "CITY," and the Northwest Little League, a non-profit organi- zation hereinafter referred to as "LITTLE LEAGUE." WHEREAS, the LITTLE LEAGUE sponsors a summer baseball pro- gram at Alona Park and for the convenience and use of the public, presently engages in the operation of a concession, stand which is a converted trailer; and WHEREAS, the CITY desires to assist the LITTLE LEAGUE in their athletic programs; and WHEREAS, all revenues from the concession stand will be used for maintaining and improving the youth programs. NOW, THEREFORE, in consideration of the promises and mutual terms and conditions hereinafter set forth, said parties do hereby agree as follows: I LITTLE LEAGUE shall provide plans and specifications for the construction of a permanent concession stand to the CITY for their written approval and such plans shall comply with the Santa Ana Building and Safety Code. II CITY has appropriated and shall expend a sum not to exceed $10,000 to be used for the construction of a permanent concession stand to be located at Alona Park, Santa Ana, California. III Upon the expenditure of said aforementioned funds by the CITY the LITTLE LEAGUE shall be responsible and liable for all other construction costs, supplies and labor, as are required for the completion of said building in compliance with the approved plans and specifications and applicable State Health and Safety provisions in addition to the Santa Ana Building and Safety Code requirements prior to any use of said structure. IV CITY shall provide the initial sewer, water and electrical hook-ups to the building site. LITTLE LEAGUE shall be respon- sible for all subsequent electric and gas bills. Any further alterations or modifications shall be done at the expense of LITTLE LEAGUE. V Title to the building shall rest with the CITY. LITTLE LEAGUE shall enjoy the use of said premises as long as the building is used for the purpose of providing those concessions that are traditionally sold at baseball games which conform with the Santa Ana Municipal Code, and with said revenues being used to further the LITTLE LEAGUE sponsored athletic programs. VI LITTLE LEAGUE shall maintain said building strictly in accordance with all of the requirements of the Santa Ana Build- ing and Safety Code and the orange County Health -Department. 2 VII LITTLE LEAGUE shall make no additions or deletions to said building without the express written consent of the CITY. Vill CITY hereby grants a concession license, under the control of the CITY, to LITTLE LEAGUE to use said building for the pur- pose of operating and dispensing refreshments during the times that sporting activities are in progress at said location. This license shall commence at the beginning of little league season and terminate upon the conclusion of all tournament qames to be played at Alona Park. IX For valuable consideration consisting of LITTLE LEAGUE construction responsibilities delineated in Section III of this agreement, CITY agrees to provide the concession stand to LITTLE LEAGUE at no cost to the LITTLE LEAGUE for LITTLE LEAGUE games. For Non --Little League,scheduled dates other athletic pro- grams shall be allowed to rent the concession stand from the CITY on a daily basis at a charge of $ 35.00 , or at CITY'S option, LITTLE LEAGUE may operate the concession stand with the proceeds reverting to the LITTLE LEAGUE program. R. The term of this license shall be a one (11 year term with an option granted to the LITTLE LEAGUE to renew for additional yearly terms. At any time prior to this date, the CITY may, without cause, terminate this agreement, but will be required (based on a five-year straight line amortization construction 3 cost from date of execution not to exceed $5,000.00), to refund to LITTLE LEAGUE, for the balance of monies due pursuant to the amortization schedule. However, the CITY may terminate this agreement unilaterally when there is adequate cause (i.e., material breach of the agreement) prior to the fifth year anniversary without compensation to the LITTLE LEAGUE. XI Either party may terminate this agreement upon a thirty (30) day written notice in advance of such termination, and unless so terminated, said license shall automaticallycontinue at the will of the parties hereto. XII Said building shall not be.used for any purpose except for the sale of soft drinks, sandwiches, ice cream, gum candies, popcorn, potato chips, corn chips, and similar items and also the storage of equipment and the conducting of business inciden- tal to the operation of the LITTLE LEAGUE. The sale of tobacco and alcoholic beverages shall not be expressly prohibited. All revenues derived from sales shall be used only for the reasonable and necessary expenses of LITTLE LEAGUE and shall not inure to the personal benefit of any individual. XIII During the term of this license, LITTLE LEAGUE shall maintain the interior of said building in good order, condition, and repair. CITY shall maintain the exterior of said building. XIV LITTLE LEAGUE shall provide adequate waste receptacles in the vicinity of said building and shall keep the building 4 and the premises in the vicinity thereof clean from litter, trash, paper, bottles, boxes, or other debris or unsightly articles resulting as a consequence of the use of said build- ing by LITTLE LEAGUE. XV All use of said building by LITTLE LEAGUE shall be in strict compliance with the municipal, county, state and federal laws. XVI CITY, by its officers and designees, shall have the right of free access at all times to said building for the purpose of examining .itsuse and condition. XVII All fixtures installed by LITTLE LEAGUE shall be at their own expense and upon being fastened to said building shall become a part thereof, whether or not removable, and shall be and remain at all times a part of said building and the property of CITY. Upon termination of the license, said fixtures shall inure to the CITY. XVIII LITTLE LEAGUE agrees to indemnify CITY and hold it harm- less from all loss of every kind and nature which may arise by reason of the construction and use of said building by LITTLE LEAGUE or other contracting agencies. XIY LITTLE LEAGUE shall provide extended liability- insurance coverage with a company or companies approved by CITY of not less than Three Hundred Thousand ($300,000.001 Dollars total 5 for personal injury or death to any persons and for damage to property or in any other such reasonable amounts as may be required by the Santa Ana City Council, all of which shall specify that CITY is insured thereunder. W This license may not be assigned by LITTLE LEAGUE or used by any person other than LITTLE LEAGUE or without the express written consent of CITY first had and obtained. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officials this 18th day of November , 1974. ATTEST: CITY OF SANTA ANA, a chartered municipal corporation, CLtRK OF THE COUNCIL C6k 4RrDl. PATTERSON, Mayor JAMES A. WITHERS, City Attorney NORTHWEST LITTLE LEAGUE B % vV'-V-v\-Z."6 y President BY Se e�tary� 6