25B - AGMT ZOO FOOD - Laserfiche WebLink

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extension terms, are referred to herein as the "Term." 5. ATTENDANCE GUARANTEE The Zoo's monthly attendance for the 2017 fiscal year are set forth on Exhibit B attached hereto (the "Attendance History"). Within ten (10) days of the end of each month during the Term, the Zoo Manager shall provide to Bean Sprouts updated daily attendance statistics reflecting the attendance numbers for the previous month. If, at anytime during the Term, the attendance at the Zoo falls to 90% or less of the figures shown in the Attendance History on a rolling twelve-month basis, then the City and Bean Sprouts will negotiate in good faith to reduce the payments required to be made by Bean Sprouts set forth.in Section 3 hereof. If, at any time during the Term, the visitor base at the Zoo falls to 75% or less of the figures shown in the Attendance Projections on a rolling twelve-month basis, then Bean Sprouts shall have the right to terminate this Agreement by providing ninety (90) days' written notice to City. 6. USE OF PREMISES AND RIGHTS OF BEANSPROUTS a. Use of Premises- Bean Sprouts shall use the Premises for the preparation and sale of to the public of food and non-alcoholic beverages, both at the Premises and for Zoo - based catering, and for preparation and sale of such other food and beverage items that shall be approved from time to time by City and for storage, office and administrative functions in connection with Bean Sprouts' operations under this Agreement. Bean Sprouts shall additionally have the right to sell branded retail items including but not limited to games and books but City will have the right to approve retail items. Bean Sprouts shall not use the premises for any purpose other than set forth herein. b. Rights Not Exclusive- The City may grant rights to other vendors to sell non- alcoholic and snack items and also retains those rights for the City in the Zoo gift shop or any additional Zoo shops that may be opened during the Term of this Agreement; provided, however, that, during the Tenn, the City will not, and will not grant rights to other vendors to, sell branded food products and beverages which are marketed as "kid -centric" and healthy. This provision does not apply to promotions where food or beverages may be given away, private parties where food is catered or brought in from an outside vendor, or to food brought by guests for personal consumption. c. Premises Taken "As Is"- Bean Sprouts takes the Premises without any improvement, repair or modification by the City; provided that City represents and warrants (i) that, to its knowledge, no Hazardous Substances have been used or stored in, on or about the Premises and (ii) that the structural components and mechanical systems of the Premises are in good working order. "Hazardous Substances" shall mean petroleum products and those substances included within the' definitions of "hazardous substances," "hazardous materials," "toxic substances," "solid waste" or "infectious waste" under all present or future federal, state and municipal laws, ordinances, rules and regulations applicable to the environmental and ecological condition of the Premises, and the rules and regulations of the Federal Environmental Protection Agency and any other federal, state or municipal agency or governmental board or Page 3 of 17 25B-7