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proposed modification and necessary expenses to comply with Alcohol Beverage <br />Control (ABC) and SAMC requirements for serving alcohol at the Zoo. In the <br />event the expenses necessary to comply with building codes, Alcohol Beverage <br />Control (ABC) and SAMC requirements, the Santa Ana Municipal Code and <br />Charter, and/or the Health Department exceed $50,000 in the aggregate, the parties <br />agree to meet and confer on a mutually agreeable solution to pay for the additional <br />expenses. All improvements to the Premises will comply with applicable building <br />codes, the Santa Ana Municipal Code and Charter, and any other legal <br />requirements. Bean Sprouts will obtain all necessary permits and licenses at its <br />expense for all improvements to the Premises. <br />g. Title to Vest in the City: Title to all Bean Sprouts improvements constructed, <br />installed or placed in the Premises by Bean Sprouts under this Agreement shall <br />immediately vest in the City subject to Bean Sprouts' right to use those <br />improvements during the term of this Agreement. <br />h. Maintenance and Repairs of the Premises: Except for maintenance and repairs <br />necessitated by the willful acts or negligence of Bean Sprouts, or its agents, <br />employees, invitees, licensees or customers, City shall be responsible for the costs <br />of maintaining the exterior of the Premises, roof, foundation and structural <br />components of the Premises as well as the parking lot, exterior and landscaped <br />areas. City shall also be responsible for the replacement of all mechanical systems <br />(including without limitation, electric, HVAC and plumbing) when they reach the <br />end of their useful life. City will have the sole discretion to determine whether the <br />mechanical systems have reached the end of their useful life. The City will use <br />reasonable standards in the industry to determine when mechanical systems have <br />reached the end of their useful life. Bean Sprouts shall be responsible for <br />maintaining the interior of the Premises throughout the term of this Agreement in <br />good condition. City acknowledges that normal wear and tear will occur. Bean <br />Sprouts will be responsible at its expense as follows: <br />(1) Repairs and maintenance for all equipment, furniture, and fixtures used within <br />the Premises including but not limited to light fixtures, light bulbs, starters, <br />equipment motors, and other similar items; <br />(2) Cleaning of the Premises; <br />(3) Equipment storage and maintenance; <br />(4) Storage and/or disposal of grease and flammable materials; <br />(5) Storage and disposal of garbage. City shall designate location(s) of garbage <br />bins; <br />(6) Repair and maintenance (but not replacement) of all water, sewer and electrical <br />lines maintained inside the Premises; <br />Page 6 of 19 <br />#19793v7 <br />