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INSURANCE Nu ON E <br />," K MAC , `RWEE <br />ii" 1 <br />CLERK : <br />° <br />I)A'_E; FEB 1 0 2011 <br />CONCESSION AGREEMENT <br />A-2010-239 <br />t? ?o t 1 <br />THIS AGREEMENT, made and entered into this X_ day of M-6 by <br />Knowlwood Enterprises, Inc, a California Corporation (hereinafter "Con ssionair "), 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 />RECITALS <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 />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 />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 />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 />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 advance. The payment is <br />due on the I st 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 />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. Six months prior to the end of any term, City <br />will provide written notice of its intent regarding its option to extend the term.