KMT INVESTMENT GROUP LLL, KELLI PERROT

Home Browse Search

WHEREAS, the Proposed Operator and the City have, through extensive negotiations, reached an agreement whereby the City determined initiating revocation of the CUP would not be necessary based on terms and conditions of this Agreement and compliance therewith by Proposed Operator; and, WHEREAS, the intent of the parties is that the Property be operated in compliance with CUP and the temporary modifications to conditions thereto as outlined and agreed to by the parties in this Agreement; and, WHEREAS, the Proposed Operator's notarized execution of this Agreement confirms its acknowledgment and acceptance of the temporary modified conditions as more fully defined herein below and the risks associated with non-compliance with the same and/or the non -modified conditions of the CUP. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES AND COVENANTS CONTAINED HEREIN, THE PROPOSED OPERATOR AGREES AS FOLLOWS: SECTION 1. RECITALS. The Recitals above are true and correct and incorporated into the body of this Agreement by this reference. SECTION 2. COMPLIANCE WITH CUP AND TEMPORARY MODIFICATIONS THERETO BY THIS AGREEMENT. The Proposed Operator agrees to comply with all applicable conditions of the CUP and those temporarily modified by this Agreement as set forth herein below ("Temporary Conditions"). SECTION 3. DURATION OF THIS AGREEMENT MODIFIED CONDITIONS. The following Temporary Conditions and this Agreement shall be applicable, and remain in full force and effect for a period of twelve (12)-months following the City's issuance of a Certificate of Occupancy and full and complete execution of this Agreement by the parties (the "Term"). SECTION 4. TEMPORARY CONDITIONS. For the Term of this Agreement, Proposed Operator hereby agrees to perform and maintain the following Temporary Conditions: 4.1 Proposed Operator shall be entitled to provide entertainment but agrees to be limited to, applying for, and at all times maintaining a valid Category 2 (see Sec 41-196.5 and Chapter 11 of the SAMC) Entertainment Permit with the City of Santa Ana. 4.2 Business hours shall be limited to Monday through Thursday from 10:30 am to 10:00 pm and Friday through Sunday 10:30 am to 12:00 am (midnight) which shall include all alcohol sales and entertainment. ("Business Hours") 4.3 During Business Hours as defined hereinabove, a hot meal shall be made available for ordering by customers. 4.4 The Proposed Operator shall not operate nor maintain any of the Former Operator's intellectual property, including but not limited to, business name, branding, etc., to include the usage of the name and/or mark Culichi Town; and, 2