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FIRST AMENDMENT TO AGREEMENT <br />THIS FIRST AMENDMENT TO AGREEMENT is entered into on August 20, 2012, by <br />and between Karmina Restaurant & Banquet Hall, a California limited liability company <br />("Concessionaire") and the City of Santa Ana, a charter city and municipal corporation organized <br />and existing under the Constitution and laws of the State of California ("City"). <br />RECITALS: <br />A. The parties entered into that certain Concession Agreement # A-2010-149, dated September <br />3, 2010, (hereinafter "said Agreement") by which Concessionaire has provided concession <br />services at the Santa Ana Stadium. <br />B. In accordance with the terms and conditions of said Agreement, the parties wish to amend the <br />Scope of Services and compensation terms and extend the term for an additional two-year <br />period. <br />WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all <br />the terms and conditions of said Agreement, except those amended in this First Amendment to <br />Agreement, the parties agree as follows: <br />1. Section 1, SCOPE OF SERVICES, shall be amended to reflect the Parties' agreement that, <br />effective February 1, 2012, Concessionaire ceased providing weekday breakfast and/or lunch <br />service, as set forth in Exhibit A, Section 4. <br />2. Section 2.a., COMPENSATION, shall be deleted in its entirety and replaced with the <br />following: <br />"In consideration of the concession rights granted by said Agreement, the parties agree that, <br />effective February 1, 2012, Concessionaire shall pay the City ten percent (10%) of gross <br />receipts from the operations of Downtown Stadium Grill, including any catering from the <br />site. Payment is due on the 10`h day of each month, and shall be accompanied by an <br />accounting of gross receipts during the previous month. <br />The parties further agree that if Concessionaire commences providing breakfast and/or lunch <br />service, the concession fee will be increased to $600 per month plus ten percent (10%) of <br />gross receipts." <br />Section 3, TERM, shall be amended to extend the term of said Agreement for an additional <br />two year period, through August 31, 2014. <br />4. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in <br />full force and effect. <br /> <br />/// <br />25H-3