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HomeMy WebLinkAboutFIESTA MARKETPLACE PARTNERS (2) -1987' INSU ? E ?/(?T FILE - - a ti?7 u_ ?,? ?aN? E- _ ?• n-`_ .4 ?7-?? ?: -WORK MA ROCEEt3 -? ; ?_ ? r?? - r r'? ? .' « ?' e o?" `2/?.¢ 7 CLERK r. CAL ••_•`y Cy; ;`'g'?_ Y-c;r :, _vc?i-Jg REL : adg-3 -? Fii?_ d` ??? -T 10/29/86 L I C E N S E AG RE E M E N T (The Pasco) THIS AGREEMENT, made and entered into this ? day of __ Q??? , 198, by and between the City of Santa Ana, a municipal corporation of the State of California ("City") and Fiesta Marketplace Partners, a limited partnership ("Fiesta"); W- I- T- N- E- S- S- E- T- H Recitals: A. The City has closed that portion of Spurgeon Street between Third and Fourth Streets to vehicular traffic and improved said area as an open-air-market called "The Pasco" for the vending of artifacts and commodities. B. Fiesta is developing property in the vicinity of the Pasco pursuant to that certain Disposition and Development Agreement ("D.D.A.") with the Community Redevelopment Agency of the City of Santa Ana (the "Agency"). C. Fiesta is the appropriate entity to undertake the arrangements for open air vendors within the Pasco. WHEREFO RE, in consideration of their respective promises, the parties hereto do hereby agree as follows: 1. 1. Scope of License City hereby grants to Fiesta, and to persons authorized by Fiesta, a revocable license to use that portion of Spurgeon Street between Third and Fourth Streets (hereinafter referred to as the "subject property") for the following purposes: (a) Vending of food, drinks, artifacts and merchandise and similar items customarily offered for sale in open-air markets. (b) Displays, promotional activities and seasonal decorations, including, but not limited to, a "merry-go-round." 2. Term of License The license herein granted shall commence upon the issuance of a Certificate of Completion by the Agency pursuant to the D.D.A. Said License shall continue until revoked by City's City Council. 3. Right to Charge for Use As a condition to authorizing the use of any part of the subject property for vending purposes, Fiesta may require any vendor to pay a charge or rent for such privilege through a lease or similar agreement. All such revenues received by Fiesta shall be the property of Fiesta. 4. Insurance As a condition to authorizing a vendor to use any part of the subject property, Fiesta shall require such vendor to obtain liability insurance naming the City of Santa Ana and its 2. officers, agents and employees as insured or additional insured, which provides comprehensive general liability coverage for damages or injuries to persons or property arising out of the vendor's operations on the subject property in the minimum amount of One Million Dollars ($1,000,000.00) combined single limit, or equivalent. Fiesta shall not allow vending on the subject property by any vendor who does not have in effect a current policy of insurance or a certificate thereof showing compliance with this section on file with Fiesta. 5. Indemnification Fiesta shall indemnify and save harmless the City and its officers, agents and employees from and against any and all claims, demands, loss or liability of any kind or nature which the City or any of its officers, agents or employees may sustain or incur, or which may be imposed on any of them, for injury to or death of persons or damage to property as a result of the operations of Fiesta or any person or entity authorized by Fiesta to use any part of the subject property pursuant to this Agreement. 6. Subordination to Right-of-way Uses The license herein granted is subordinate to the public's use of the public right-of-way for right-of-way purposes. Fiesta shall comply, and shall require all vendors located in the public right-of-way to comply with any and all directives from City's Executive Director of Public Works pertaining to the maintenance and repair of the public right-of-way or to the passage of the public on the public right-of-way_ 3 . 7. Maintenance Fiesta shall assure that vendors authorized by Fiesta to use parts of the subject property to keep their respective areas of use reasonably free and clear of litter through a daily cleanup of such areas. g. Compliance with Laws and Ordinances Nothing in this Agreement shall be construed to relieve any person using the subject property pursuant to this Agreement from the duty of compliance with requirements of law or City ordinance, including but not limited to permit requirements for pushcarts, public health regulations, and business license tax requirements. 9. Non-discrimination Fiesta covenants that, in authorizing persons to use the subject property, it will not discriminate on the basis of race, color, creed, religion, sex, age, marital status, national origin, ancestry, physical handicap or medical conditions. 10. Revocation This license granted by this Agreement may be revoked by resolution of the City's City Council in the event Fiesta fails to comply with the terms and conditions of this Agreement or the D.D.A. or in the event the City determines it is necessary to reopen the subject property to vehicular traffic; provided, however, in the event City revokes said license in order to re- open the subject property to vehicular traffic, the City shall reimburse Fiesta for the unamortized cost of the improvements installed on the subject property by Fiesta. In the absence of circumstances necessitating a more rapid revocation, the City shall give Fiesta thirty (30) days notice of revocation. 4. 11. Notices Notices and written communications sent by one party to the other shall be personally delivered or sent by U.S. Mail, postage prepaid, to the following addresses: If sent by the Association to the City: Executive Director of Community Development City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 If sent by the City to the Association: Fiesta Marketplace Partners 890 W. Baker Street, Suite 200 Costa Mesa, CA 92626 Attn: Irving M. Chase IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: a ice C. Guy Clerk of the Counc 1 APPROVED AS TO FORM: City A r David fly'. Keam City Manager T H E C I TY O F S ANT A AN A Daniel H. Yo Mayor FIESTA MARKETPLACE PARTNERS By ? 'L ?, By .. 5.