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

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Page 4 of 19 #19793v7 (4)Containers for alcoholic beverages shall be distinguished from containers for non-alcoholic beverages. (5)Containers for alcoholic beverages must conform to eco-friendly guidelines (including but not limited to, biodegradable or compostable cups and straws, recyclable aluminum cans/cups/straws; no single-use plastic packaging). (6)Any identifiers for patrons 21+ years old must meet eco-friendly guidelines (i.e., compostable wristbands). c.Transfer (1)Liquor License shall be relinquished upon termination or expiration of Agreement. (2)Bean Sprouts must with City and successor in good faith to transfer ownership of Liquor License at no additional cost beyond what Bean Sprouts paid for the initial Liquor License. (3)Bean Sprouts will work in good faith with City to surrender the Liquor License in whole or in part for daily licenses for events that require an outside caterer, including the Zoofari fundraiser. 7.USE OF PREMISES AND RIGHTS OF BEAN SPROUTS a.Use of Premises: Bean Sprouts shall use the “Premises,” which includes the concession building at the Zoo as well as the mobile cart (once acquired) as further detailed in Exhibit A, for the preparation and sale to the public of food and beverages, both at the Premises and for Zoo-based catering, and for preparation and sale of such other food and beverage items that shall be approved from time to time by the City and for storage, office, and administrative functions in connection with Bean Sprouts’ operations under this Agreement. Bean Sprouts shall additionally have the right to sell branded retail items, including but not limited to, games and books, but City shall have the right to approve retail items. Bean Sprouts shall not use the premises for any purpose other than set forth herein. b.Rights Not Exclusive: The City may grant rights to other vendors to sell beverage and snack items and also retains those rights for the City in the Zoo gift shop or any additional Zoo shops that may be opened during the Term of this Agreement; provided, however, that during the Term, the City will not grant rights to other vendors to, sell branded food products and beverages which compete with Bean Sprouts’ offerings (i.e., sandwiches, salads, pizzas, soups, coffee, bottled water, smoothies, ice cream, baked goods, healthy drinks and healthy snacks). This provision does not apply to promotions where food or beverages may be given away, private parties where food is catered or brought in from an outside vendor,