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Page 3 of 19 <br />#19793v7 <br />5.ATTENDANCE GUARANTEE <br />The Zoo's average annual attendance is 240,000 set forth the City of Santa Ana’s Request <br />For Proposal No. 23-040. Within ten (10) days of the end of each month during the Term, the Zoo <br />Manager shall provide to Bean Sprouts updated daily attendance statistics reflecting the attendance <br />numbers for the previous month. If, at any time during the Term, the attendance at the Zoo falls to <br />90% or less of 240,000 on a rolling twelve-month basis, then the City and Bean Sprouts will <br />negotiate in good faith to reduce the payments required to be made by Bean Sprouts set forth in <br />Section 3 hereof. If, at any time during the Term, the visitor base at the Zoo falls to 75% or less of <br />the figures shown in the Attendance Proiections on a rolling twelve -month basis, then Bean <br />Sprouts shall havethe right to terminate this Agreement by providing ninety (90) days' written <br />notice ot City. <br />6.LIQUOR LICENSE <br />a.Application <br />(1)As set forth in Section 3(b)(4) of this Agreement, Bean Sprouts shall obtain a <br />type 47 ABC license (“Liquor License”) for the Premises (defined below) at its <br />sole cost. <br />(2)City agrees to assist Bean Sprouts obtain a Liquor License. Such assistance <br />includes, but is not limited to: <br />i.Drafting letters to ABC explaining zoo hours of operations, including <br />daily hours and special event hours; because there is no conditional use <br />permit, City shall set operating hours. <br />ii.Providing a written request as set forth in California Business & <br />Professions Code section 23824, as it may be amended from time to <br />time, in support of the issuance of a Liquor License for the Premises. <br />b.Operations <br />(1)The City will work with Bean Sprouts to develop and implement an alcohol <br />security plan. <br />(2)The City will work with Bean Sprouts on signage across the Zoo to indicate <br />where alcohol is prohibited. <br />(3)The City shall set the operating hours for Bean Sprouts. <br />i.The Maximum Operating hours shall be 9:00 a.m. to 11:00 p.m. <br />ii.The City will approve weekly hours within the Maximum Operating <br />hours.