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and fully incorporated herein by reference as Exhibit B. <br />3. CONSIDERATION <br />a. In consideration for the concession rights granted by this Agreement, City and Bean <br />Sprouts agree to a tiered revenue -share model: <br />(1) Six percent (6.0%) of Cafe Net Sales collected by Bean Sprouts for the initial <br />$300,000 in cumulative Caf6 Net Sales for a given Fiscal Year. <br />(2) Eight percent (8.0%) of Cafe Net Sales collected by Bean Sprouts for revenues <br />between $300,001 and $500,000 in cumulative Caf6 Net Sales for a given Fiscal <br />Year. <br />(3) Ten percent (10.0%) of Caf6 Net Sales collected by Bean Sprouts for revenues <br />above $500,000 in cumulative Caf6 Net Sales for a given Fiscal Year. <br />b. Bean Sprouts shall invest up to $50,000 which can include: <br />(1) New serving windows/screens. <br />(2) A mobile cart, to be utilized during high traffic times and special events. <br />(3) All expenses necessary to comply with security and safety measures in Santa <br />Ana Municipal Code ("SAMC") section 41-196(g), as it may be amended from <br />time to time, such as security cameras, signage, stanchions, etc. <br />(4) All necessary expenses to comply with Alcohol Beverage Control (ABC) and <br />SAME requirements for serving alcohol at the Zoo. <br />C. In the event that Bean Sprouts is delinquent in paying any payments due under this <br />Agreement for more than thirty (30) days, City shall be entitled to collect interest <br />on those delinquent funds in the maximum amount allowed by law at the time. City <br />will also be entitled to attorney's fees expended in collecting the delinquent <br />amounts. City will also be entitled to any and all other remedies available pursuant <br />to the law. <br />Cl�IY�1t7i'll <br />This Agreement shall commence on March 18, 2024 for a three (3) year term with the <br />option for the City to grant up to two (2), two-year renewals, exercisable by a writing by the City <br />Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. <br />Page 2 of 19 <br />#19793v7 <br />