Item 38 - Agreement with Bean Sprouts at the Santa Ana Zoo

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Page 2 of 19 #19793v7 and fully incorporated herein by reference as Exhibit B. 3.CONSIDERATION a.In consideration for the concession rights granted by this Agreement, City and Bean Sprouts agree to a tiered revenue-share model: (1)Six percent (6.0%) of Café Net Sales collected by Bean Sprouts for the initial $300,000 in cumulative Café Net Sales for a given Fiscal Year. (2)Eight percent (8.0%) of Café Net Sales collected by Bean Sprouts for revenues between $300,001 and $500,000 in cumulative Café Net Sales for a given Fiscal Year. (3)Ten percent (10.0%) of Café Net Sales collected by Bean Sprouts for revenues above $500,000 in cumulative Café Net Sales for a given Fiscal Year. b.Bean Sprouts shall invest up to $50,000 which can include: (1)New serving windows/screens. (2)A mobile cart, to be utilized during high traffic times and special events. (3)All expenses necessary to comply with security and safety measures in Santa Ana Municipal Code (“SAMC”) section 41-196(g), as it may be amended from time to time, such as security cameras, signage, stanchions, etc. (4)All necessary expenses to comply with Alcohol Beverage Control (ABC) and SAMC requirements for serving alcohol at the Zoo. c.In the event that Bean Sprouts is delinquent in paying any payments due under this Agreement for more than thirty (30) days, City shall be entitled to collect interest on those delinquent funds in the maximum amount allowed by law at the time. City will also be entitled to attorney’s fees expended in collecting the delinquent amounts. City will also be entitled to any and all other remedies available pursuant to the law. 4.TERM This Agreement shall commence on March 18, 2024 for a three (3) year term with the option for the City to grant up to two (2), two-year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below.