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<br /> <br /> <br /> <br /> <br /> <br /> CONCESSION AGREEMENT <br /> <br /> <br /> THIS AGREEMENT, made and entered into this day of 2010 by <br /> Knowlwood Enterprises, Inc, a California Corporation (hereinafter "Concessionaire"), and the <br /> City of Santa Ana, a charter city and municipal corporation organized and existing under the <br /> Constitution and laws of the State of California (hereinafter "City"). <br /> <br /> <br /> RECITALS <br /> <br /> A. The City desires to retain a Concessionaire having special skill and knowledge in the field of <br /> foods service concessions comparable with "high-level" industry practice. <br /> <br /> B. Concessionaire represents that Concessionaire is able and willing to provide such services to <br /> the City. <br /> C. In undertaking the performance of this Agreement, Concessionaire represents that it is <br /> <br /> knowledgeable in its field and that any services performed by Concessionaire under this <br /> Agreement will be performed in compliance with such standards as may reasonably be <br /> expected from a professional "high-level" food service operator in the field. <br /> NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the <br /> terms and conditions hereinafter set forth, the parties agree as follows: <br /> <br /> 1. SCOPE OF SERVICES <br /> Concessionaire shall perform those services as set forth in the Scope of Services (Exhibit <br /> "A") as well as Concessionaire's proposal on file with the City. In the event of a conflict <br /> between the terms of this Agreement and any Exhibits or Attachments hereto, the terms of this <br /> Agreement shall prevail. <br /> <br /> 2. COMPENSATION <br /> In consideration for the concession rights granted by this Agreement, Concessionaire <br /> agrees to pay the City a monthly concession fee of $2,800 per month, in arrears. The payment is <br /> due on the 1st of each month. For the initial month only, services for a partial month shall be <br /> prorated on a daily basis. A 3% late fee will be added if payment is not received by the 10th of <br /> the month. <br /> <br /> 3. TERM <br /> This Agreement shall commence on the date first written above and terminate on the last <br /> day of the month three (3) years following the date set forth for the above, unless terminated <br /> earlier in accordance with Section 11, below. At the sole discretion of the City Council, the term <br /> may be extended an additional 2 two-year terms. <br /> <br /> <br /> <br /> <br /> <br /> <br /> 25N-3 <br />