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INSORANCE ON FILE <br />,, C OCEED <br />, ,L)RANCE EXPIRES <br />r5_-t6_Lf��`. <br />CLERK OF COt1 6 2010 <br />DATE: <br />CONCESSION AGREEMENT <br />N-2016-132 <br />O: PRCS (/ ) <br />THIS AGREEMENT is made and entered into this Is' day of September, 2016, by and <br />6ttvia Cuevas between Carlos Madriles dba Karmina Restaurant Bar and Grill ("Contractor"), and the City of <br />Santa Ana, a charter city and municipal corporation organized and existing tinder the <br />Constitution and laws of the State of California ("City"). <br />RECITALS <br />A. The City desires to retain a Contractor having special skill and knowledge in the <br />field of food service concessions. <br />0, Contractor is already providing such services to the City at Santa Ana Stadharl, and <br />the City wishes to continue these services for a short period of time while it studies <br />longer -term arrangements. <br />C. In undertaking the performance of this Agreement, Contractor represents that it is <br />knowledgeable in its field and that any services performed by Contractor under this <br />Agreement will be performed in compliance with such standards as may reasonably <br />be expected from a professional "high-level" contractor 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 />Contractor sliall provide those concession services as fully described in Exhibit A and <br />incorporated by reference in this Agreement. <br />2. COMPENSATION <br />In consideration for the concession rights granted by this Agreement, Contractor agrees <br />to pay the City 10% of the monthly gross revenues during the term of this Agreement. The <br />payment is due oil the 10th of each month and shall beaccompanied by an accounting of gross <br />receipts during the previous month. For example, the payment for August is due September 10°i <br />and shall include 10% of August's gross receipts. <br />3. TERM <br />The term of this Agreement shall commence on the date first written above and terminate <br />on December 31, 2016, unless terminated earlier in accordance with Section 11, below. <br />4. INDEPENDENT CONTRACTOR <br />Contractor shall, during the entire term of this Agreement, be construed to be an <br />independent contractor and not an employee of the City. This Agreement is not intended nor <br />shall it be construed to create an employer -employee relationship, a joint venture relationship, or <br />Page 1 of <br />