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URANCE NOT ON FILE A-2018-113-01 FEB 0 4 2021 '1ORK MAY NQT PPROCEED CLERK OF COUNCIL DATE; FIRST AMENDMENT TO Q {21ZCSA(1)(SIIviCtCclvaC)FA- FOOD SERVICE CONCESSION AGREEMENT WITH BEAN SPROUTS LLC THIS FIRST AMENDMENT to the Food Concession Agreement for the Santa Ana Zoo with Bean Sprouts LLC is entered into this --LONay of December, 2020, by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ("City"), and Bean Sprouts, LLC, a Wisconsin limited liability company ("Bean Sprouts"). RECITALS A. On May 1, 2018, the City entered into the Food Service Concession Agreement for Santa Ana Zoo #A-2018-113 with Bean Sprouts to provide food and beverages at the Santa Ana Zoo. B. From March 16, 2020 to October 16, 2020, Bean Sprouts food service at the Santa Ana Zoo was closed due to COVID-19 related closures of the Santa Ana Zoo. C. The parties desire to amend said Agreement to provide concessions to Bean Sprouts to reflect the impact of COVID-19 closures and the continuing effect of COVID-19 resulting in a decrease of food and beverage sales at the Santa Ana Zoo. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions of said Agreement, except as herein modified, the parties agree as follows: The parties agree that the provisions of Section 3 requiring lease payments and quarterly lease guarantee were waived between March 16, 2020 and October 16, 2020 due to the closure of the Santa Ana Zoo; 2. Section 3b, Lease Payments and Quarterly Lease Guarantee, shall be amended to read as follows: b. Bean Sprouts agrees to a minimum quarterly lease guarantee of $8400 a quarter in the event that Bean Sprouts gross revenues from concessions do not exceed $8400 a quarter. The lease guarantee will start on the first day of the month after the Go Live Date and will continue thereafter until this Agreement expires or is terminated. Effective October 17, 2020, the minimum quarterly guarantee will restart when Bean Sprouts has gross monthly sales of $45,000. 3. Section 3, Lease Payments and Quarterly Lease Guarantee, shall be amended to add subsection d: d. Effective October 17, 2020, Bean Sprouts agrees to pay 2% of monthly gross sales until they reach gross sales of $15,000 a month. Bean Sprouts agrees to pay 4% for gross monthly sales between $15,000 and $30,000. Bean Sprouts agrees to pay 6% of monthly gross sales for gross monthly sales above $30,000 a month. Bean Sprouts will need to hit the