25B - AGMT ZOO FOOD - Laserfiche WebLink

Home Browse Search

entity having jurisdiction over the Premises. d. Ownership. Use of Furniture. Fixtures and Equipment- City is the owner of the furniture, fixtures and equipment located at the Premises which may be used by Bean Sprouts in whole or in part for the preparation and service of food and beverages at the Premises. At the commencement of this Concession Agreement, City and Bean Sprouts will take.inventory of all Zoo furniture, fixtures and equipment. Furniture, fixtures, and equipment will be returned to City upon termination or expiration of this Agreement, in the same condition as received, ordinary wear and tear expected. To the extent that Bean Sprouts acquires additional built in furniture, fixtures and equipment for use at the Premises, all such additional built in furniture, fixtures and equipment will become property of the City. e. Improvements and Refurbishments to be made by Bean Sprouts- Within thirty (30) days after the execution of this Agreement, Bean Sprouts shall submit to City its proposed modifications to the Premises. City will have the sole right to approve or deny said proposed modifications to the Premises in whole or in part and/or to require such changes, if any, in such plans and specifications, as City shall deem necessary or desirable in its reasonable judgment including, without limitation, changes to comply with applicable building codes, health and safety regulations or other legal requirements or to make Premises more suitable for the services Bean Sprouts is obligated to provide pursuant to this Agreement. City will notify Bean Sprouts within fifteen (15) after receipt of the proposed modifications whether any changes to the proposed modifications will be required by City and if so, what changes will be requested. All proposed modifications to the Premises will be made at Bean Sprouts' expense. At a minimum, Bean Sprouts' proposed modifications to the Premises will include an investment in capital improvements, upgrades in equipment, signage, and people as outlined more fully in Bean Sprouts Financial Proposal dated November 30, 2017. f. Completion of Improvements to Premises -Following City's approval of the Bean Sprouts' proposed modifications to the Premises, Bean Sprouts shall take such action as is necessary to commence the construction and implementation of the Bean Sprouts Improvements to the Premises no later than one hundred and twenty days (120) of City's final approval of the proposed modifications; provided, that Bean Sprouts shall not be required to expend in excess of $200,000 in the aggregate on the proposed modifications. In the event that modifications necessary to comply with building codes, the Santa Ana Municipal Code and Charter, and/or the Health Department exceed $200,000 in the aggregate, the parties agree to meet and confer on a mutually agreeable solution to pay for the additional expenses, which may include a rent reduction or period of free rent. All improvements to the Premises will comply with applicable building codes, the Santa Ana Municipal Code and Charter, and any other legal requirements. Bean Sprouts will obtain all necessary permits and licenses at its expense for all improvements to the Premises. g. Title to Vest in the Cit v- Title to all Bean Sprouts Improvements constructed, installed or placed in the Premises by Bean Sprouts under this Concession Agreement shall immediately vest in the City subject to Bean Sprouts right to use those improvements during the term of this Agreement. Page 4 of 17 r