KARMINA RESTAURANT AND GRILL - 2010

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INSURANCE C:',' FILr A-2010-149 VORK RAY PROCEED NTIL 1'4SJP.A;NCE EXPIRES CLERK C : COUNCIL CONCESSION AGREEMENT DATE; SEP 2 0 2010 4 THIS AGREEMENT, made and entered into this 3rd day of September, 2010 by Karmina `3 Restaurant & Banquet Hall, a California Limited Liability Company (hereinafter "Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS -e LJ A. The City desires to retain a Contractor having special skill and knowledge in the field of foods service concessions comparable with "high-level" industry practice. U - - B. Contractor represents that Contractor is able and willing to provide such services to the City. CJ t1 C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional "high-level" contractor in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall perform those services as set forth in the Scope of Services (Exhibit "A") as well as Contractor's proposal on file with the City. In the event of a conflict between the terms of this Agreement and any Exhibits or Attachments hereto, the terms of this Agreement shall prevail. 2. COMPENSATION In consideration for the concession rights granted by this Agreement, Contractor agrees to pay the City a monthly concession fee of $600 per month plus 10% of gross revenue during the term of this Agreement. The payment is due on the 1 Oth of each month. For example, the payment for November is due November 10 and should include the $600 plus 10% of October's gross receipts. For the initial month only, services for a partial month shall be prorated on a daily basis. 3. TERM This Agreement shall commence on the date first written above and terminate on the last day of the month two years following the date set forth for the above, unless terminated earlier in accordance with Section 11, below. At the sole discretion of the City, the term may be extended an additional 2 two-year terms. 4. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or