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24 VENDOR LICENSE AGREEMENT This Agreement is entered into between the City of San Marcos, a municipal corporation operating under a homerule charter pursuant to the laws of the State of Texas, hereinafter referred to as IICity", and San Marcos Lionls Club whose business address is P.O. Box 994, San Marcos, Texas 78667, hereinafter referred to as IIVendor". I. PU RPOS E. The purposes of this Agreement is for the City to secure the services of Vendor to provide certain services and products to those members of the general public who use the area around and including City Park during the time when the Houston Oilers are conducting their pre-season training camp in San Marcos, July 23, 199Ø through August 22, 199Ø. 2. USE OF CITY PROPERTY. City grants Vendor a license to use designated areas of City property, including a portion of that property known as IICity Parkll for the sale of the following products and/or services: Pre-mixed softdrinks, "squeeze bottles" and assorted pre-packaged snack food. The license to use City property which is provided for in this Agreement will be determined on a day-to-day basis by the City and does not include the lease of any City facility or space in City Park or on any City-owned property. 3. PAYMENTS TO CITY. Vendor agrees to pay City fifty-two percent (52%) of its net revenues (gross revenues minus sales tax and operating & inventory costs) from activities described in this Agreement. Operating costs include those costs for electricity, water and personnel. Such monies owed to City under this Agreement shall be paid in two payments. The first payment shall be paid on August 3, 199Ø covering all monies received since July 23, 199Ø. The second payment shall be paid on August 29, 199Ø. Both payments shall be paid at City Hall to the City's Finance Department before 5:ØØ p.m. and will cover all monies received from the activities provided for in this Agreement. 4. RECORDS. Vendor shall maintain financial records which satisfy normally accepted accounting practices showing the total monies collected each day a.nd the total costs of goods and services sold by Vendor. These reports shall be maintained on a daily basis and true and correct copies of said reports covering the previous weeks' activities must be provided to City by l2:ØØ noon each Monday beginning July 3Ø, 199Ø and including Monday August 27, 199Ø. The City may audit Vendorls financial records at any time. The City will audit Vendor's financial records at the end of the first two week period of this Agreement and at the end of the Agreement period prior to payment to City. 5. SALES TAX. Vendor must secure a sales tax permit to sell goods in San Marcos prior to the inception of this contract. Proo f of such sales tax permit shall be supplied to the City before July 22, 199Ø. 6. INSUR;l\NCE. Vendor shall carry, at its own expense, with a reliable insurance company satisfactory to City, insurance, including but not limited to worker's compensation insurance, liability insurance, property damage insurance, automobile liability and casualty, collision, fire and the ft insurance, cargo insurance, insurance to cover Vendor's inventory in the event of loss and insurance to cover theft of equipment and/or materials taken or stolen from the work si te. Vendor sha II supply to City satisfactory evidence of the insurance coverage required hereunder prior to July 17, 199Ø 7. INDEMNITY. Vendor hereunder indemnifies and holds City harmless from any and all liability, claims, demands, causes of action and lawsuits of each and every character and kind which may arise out of or be incident to the performance of this Agreement in favor of Vendor, Vendor's employees, subcontractors, and any third parties whether or not caused by