HomeMy WebLinkAbout05 TSP FOOD & BEV 01-19-99AGENDA
DATF'
JANUARY '19, 1999
NO. 5
1-19-99
Inter-Corn '"
TO:
FROrvl-
SUBJECT:
WILLIAM A. HUSTON, crrY MANAGER
PARKS & RECREATION SERVICES DEPARTMENT
APPROVAL OF LEASE AGREEMENT FOR
CONCESSION AT TUSTIN SPORTS PARK
FOOD AND BEVERAGE
SUMMARY: The Lease Agreement for the food and beverage concession at the Tustin Sports Park
is presented for City Council Approval.
RECOMMENDATION:
Approval of the City Council to enter into a Lease Agreement with Marcia Sanserino representing
Mom's Sport's Caf6 for the operation of a tenant lease space at the Tustin Sports Park.
FISCAL IMPACT:
The City will realize a monthly rent of $300 per month for the first year and $400 a month for every
month thereafter. In addition, the Cky will receive a percentage rent on gross sales equal to ten percent
(10%) of gross sales over $3,000 per montk
BACKGROUND:
The food and beverage concession space at the Tustin Sports Park was originally leased to
Cyrano's Sports Caf6 in February, 1996. Cyrano's occupied the space until March, 1998. A
Request for Proposals (RFP) for the concession space was issued in August. The City advertised
for proposals in local newspapers, contacted the Tustin Chamber of Commerce and sent
information to a number of vendors who previously requested material. Two proposals were
submitted to the City.
Marcia Sanserino was selected because she will provide on-site supervision and has extensive
local experience. Marcia previously operated the snack bars at the Woodbridge Village
Association Beach Clubs. She provided the City with numerous letters of recommendation from
local organizations and businesses and will best meet the needs of the commnnity.
The proposed agreement requires a monthly base rent of $300 per month for the first year and
$400 per month for every month thereaiier. An additional percentage rent equal to ten percent of
gross sales would be paid quarterly for sales in excess of $3,000 per month.
The following represents a summary of other i .mportant elements of the agreement:
The hours of operation will vary with the seasons. During the summer the lessee proposed an
expanded schedule that provides service in excess of sixty hours per week. In the winter
months the concession operation would be open a minimum of twenty-eight hours weekly.
The hours of operation may vary with prior written approval of the City.
The term of the lease is for five years. The Lessee may apply for an extension of the term of the
lease for up to two additional terms of five years each
Lessee will have the excBsive right to conduct food and beverage concession business at the
Sports Park. The City reserves the right to retain four days a year for the purpose of providing
alternative food and beverage service.
Lessee is responsible for installing all necessary tenant impr~ ovements, lmpr. ovements are subject to
City approval.
Lessee is responsible for a secmSt3t deposit, insmance for comprehensive liability, property
coverage, workers' coition and is'responsible for indemnifying and holding City and its
employs harmless against any claims, injuries or losses resulting from construction or tenant
operations~
S~Y
The tenant concession space provides approximately 1,000 square feet for food and beverage
operations. The approved lessee will be responsible for inslalling all furnishings and equipment.
Existing impr~ ovemems from the previous tenant, which include a fini~ed interior space with lighting,
counters, sinks and cabinetry will allow the successful lessee to quickly begin operations.
Staff recommends appro.val of the Lease Agreement with Marcia Sanserino. The City Attorney
approved the Agreement as to form on December 21, 1998. Upon City Council approval the lessee
must submit proof of liab~W inmmnce. Prior to the commencement of the lease the vendor will be
required to pay a security deposit to the City. The concession space should be ready for operation in
early spring 1999.
Respectfully submitted,
Patrick Sanchez 3
Director
SANSERINO.WAH
LEASE AGREEMENT
THIS LEASE is made and entered into on this day of ,19 ,
by and between the CITY OF TUSTIN, here/naRer referred to as "CITY" and Marcia Sanserino, 20
Rincon, lrvine, California, 92620, dba Mom's Sports Caf6, hereinafter referred to as "LESSEE";
RECITALS
The City is the owner of the 20-acre Tustin Sports Park site, located at 12850 Robinson Drive
and depicted on Exh;'oit A attached hereto and incorporated herein by reference.
Bo
The City Council is authorized by the provision of Government Code Section 37396 to lease
City park and recreation property for the provision of services consistent with public park and
recreation purposes; and
Co
City desires to lease tenant space at the Tustin Sports Park property for the purpose of
operating a food/beverage concession; and
D.
City desires to lease portions of the Sports Park site for such purposes in accordance with the
terms and conditions set forth in this Lease.
AGREEMENT
NOW,. THEREFORE, in consideration of the mutual covenants, promises and conditions set forth
herein herehmt'ter contained, the parties hereto agree as follows:
1.0 DEMISED PREMISES
1.1 City leases to Lessee for its management and operation certain real property
in~ovements which consist of a concession lease space of approximately one thousand (1,000) square
feet for food and beverage concession, together with cemin structa~es, buildings, storage and/or
impr~ ovemems (collectively the "demised premises"). The concession building plans are shown on
Extffoit B attached hereto and incorporated herein by reference. The portions of the concession
building being leased hereunder as the demised premises are specific~y demarcated on Exhibit B. The
demised premiss (specifically including the structures, buildings and/or improvements thereon) shall be
surrendered to the City upon termination of this Lease.
1.2 The demi.~ premiss shall be used only and exclusively for concession operations and
such other purposes as are related thereto, provided express written approval therefor is granted by the
City Manager, or his designee, and for no other purpose whatsoever.
1.3 Lessee acknowledges personal inspection of the proposed park, as depicted on ExIutfit
A, and concession impr~ ovements as depicted on Extnl~it B, and the surrounding area and evaluation of
the extent to which the physical condition thereof will affect the operation of the concession Lessee
accepts the demised premises in their existing physical condition as shown on construction plans and
agrees to make no demands upon the City for any impr~ ovements or alteration thereof.
1.4 Lessee shall constma upon the demised premi.qes the required tenant improvements in
accor~ce with the provisions set forth in Section 8 hereina~er and the attached Extntfit C attached
hereto and incorporated herein by reference. Said project and any changes thereto shall be subject to
the prior approval of the City. All such construction shall be at Lessee's sole expense.
1.4.1 Any other improvements, additions, alterations or changes to the demi.qed premiss
shall be subject to: prior approval by the City Manager; securing of applicable permits; and compliance
with such terms and conditions as may be impo. sed thereon by the City.
1.5 Lessee hereby acknowledges the title of City, and/or any other public agencies'having
jurisdiction thereover, in and to the demised premises and the improvements located thereon, and
covenants and agrees never to assail, contest or resist said title.
1.6 Ownemhip of all tenant improvements consm~cted by Lessee upon the demised
premises and all alteration, additions or betterments thereto, shall mediately vest and be vested in
City at all times daring and after the. term hereof, without compensation being paid therefor. Such
structures, buildings and/or impr~ ovements shall be surrendered to the City with the remainder of the
demised premises upon termination of this Lease.
2.1 The term of this Lease shall be for a period of five (5) years commencing on the first
day ofthe calendar month succeeding a sixty (60) days notice to proceed being issued to the Lessee.
2.2 In the event Lessee holds over beyond the term herein provided with the consent
express or implied of City, such holding shall be fi.om month to month only, subject to the conditions of
this Lease; such holding shall not be construed as a renewal of this Lease and shall be at the monthly
compensation provided herein.
2.3' Lessee may apply for an extension of the term of this Lease for up to two ftmher
successive terms of five (5) years each (collectively the option terms); provided that no later than sixty
(60) days prior to the expiration date of the respective term, the City receives a written request
therefor, signed by Lessee. The City Council shall have exclusive discretion to determine whether to
grant or deny Lessee's application City shall have the fight to deny/approve the grant of an extension
of this Lease (and/or) to renegotiate the terms of this Lease, including but not limited to basic service
obligations, minimum concession payments, and required tenant.impr, ovements. Lessee's option to
extend this Lease shall also be conditional on all of the following:
1. Lessee is in good faith compliance with terms ofthi.~ Lease;
2. This Lease has not been canceled by City prior to the expiration of the term of
(2)
.
.
,
Lessee is not in default under this Lease;
Lessee has not abandoned, Vacated or discontinued operations for a period in
excess of five (5) days. This does not include successive days of inclement
weather or days that the City has given prior approval to be closed. If the City
closes the park, it is deemed to be .approval to close.
Lessee has received satisfactory performance evaluations from City.
3.0 RENT
3.1 From and after the lease commencemem date, Lessee shall pay to City a minimum
monthly rent which wxll be payable on the first day of each mon~ This rem will be $300 per month
for the first twelve months, and will be $400 per month thereafter. From and after the expiration of the
second full year of the initial term, City will, every year on the anniversary of the lease commencement
date, notify Lessee of an adjustment in the Ivfinimum Annual Rent. The adjusmaem shall be measured
by the Minimum Annual Rent for the first full year of the initial term times the lesser of (a) the increase
in the consumer price index for All U~n Consumers, All Items, base year 1982-1984 = 100, for the
Los Angeles/Anahdm/Riverside geographical area as compiled by the United States Department of
Labor for the immediately prig year, or (b) four percent (4%).
3.2 Percentage Rem.
In addition to the Minimum Annual Rent, Lessee shall, on a quarterly basis, pay Percentage
Rem on gross sales equal to ten percent (10%) of gross sales over $3,000 per month. Said Percentage
Rem shall become due and payable quarterly on the twenty-fifth (25a) day of the month immediately
following the end of the first quarter.
The Cites acceptance'of any monies paid to City by Lessee as Percentage Rent, as shown by
any statement fimaished by Lessee, shall not. be construed as an admission of the accuracy of said
statement, or of the sufficiency of the mount of said Percentage Rent payment, but City shall be
entitled to review the adequacy of such payment as hereinabove set fortk
3.3 Gross Sales.
(a)
The term "Gross Sales" as used herein shall mean:
(1) The entire amount of the actual sales price, whether wholesale or retail,
and whether wholly or partly for cash or on credit or in exchange for any other product, commodity,
service, commercial paper or forbearance, of all sales of merchandise and all charges made by Lessee
and its employees or others acting on its behalf for the rendition of services of any kind whatsoever,
made from or upon the demised premises.
(3)
(2) All other receipts of all business conducted in, at or from the demised
premises, including all deposits not refunded to purchasers, proceeds, receipts or any revenue derived
whatsoever from the use of demised premises (i_e. rental, repair or cleaning of tenni.q equipment, tennis
reservation fees, tournament fees, fees for lessons, etc.).
(3) Orders taken in or from the demised premises although said orders may
be filled elsewhere', and sales by any subtenant in or from the demised premises, and all without credit
to Tevam for uncollected or uncorrectable credit accounts.
(4) Gross receipts of all coin-operated devices which may be placed in the
demised premises by Tenant or under any rent concession, percentage or other arrangement including,
without !'nnkation, such devices as pinball machines, vending machines, video games and similar
devices (but excluding revenue from telephones that are collected by a public and/or private utility),
except that nothing herein shall be construed as City's consent to the use of same in the demised
premises; and
(5) All other revenues or receipts generated by or arising from the use of
the demised premises.
Co) Exclu6ons t?om Gross Sales. Notwithsmding anything to the contrary
contained herein, Gross Sales shall not include, or if included there shall be deducted (but only to the
extent that they have been included), the following:
(1) Sales and use taxes, so-called luxury taxes, consumers' excise taxes,
gross receipts taxes, and other s'nnilar taxes now or in the future i ~rnposed on the sale of merchandise or
services, but only if such taxes are added to the selling price and collected from custom~.
(2) The transfer or exchange of merchandise between the stores or
businesses of Tenant, if any, where such transfers or exchanges of merchandise are made solely for the
convenient operation of a business owned and operated by Tenant and not for the purpose of
consummating a prior sale made in, to or from the demised premises or for the'purpose of depriving
City ofthe benefit of a sale which otherwise would be made in, at or from the demi~ premises.
(3)
The amount ofretums to shippers or manufacturers.
(4) The amount of any ash or credit refund made upon any sale where the
merchandise sold or some part thereof is thereafter returned by the purchaser. Each sale upon
· installment or credit shall be treated as a sale for the full price in the month during which such sale shall
be made, irrespective of the time when Tenant shall receive payment (whether in full or partial) from its
customers.
(5)
which are not stock in trade.
Sales of trade fixtures or personal property to be replaced by Tenant
.
(6)
damage to merchandise.
Sums and credits received in the settlement of claims for loss of or .
(4)
(7) ~ certificates, or similar vouchers, until such time as they shall have
been converted into a sale by redengaion-
(8)
(9)
purposes without charge.
(10)
Meals provided for offi~ or employees without charge.
Meals, goods or products provided for promotional or publicity
Cash refunds made to customers in the ordinary course of business.
(11) Value added taxes ('WAT') or other taxes added to the selling price of
products and other similar taxes now or hereafter imposed upon the sale of merchandise or services,
whether such taxes are added to the selling price or incl~ed therein
(12) Discounted sales to employees of Tenant, not to exceed 2% of Gross
Sales.
(c) Statements of Gross Sales. Lessee shall furnish to City statements of Lessee's
Gross Sales within twenty (20) days atter the end of each applicable Percentage Rent quarter. Each
statement shall be signed and certified to'be correct by an officer or employee of Lessee.
3.4 Payment shall be payable at the office of the City Manager at 300 .Centennial Way,
Tustin, CA or at such other place or places as City may, 1?om time to time, designate by written notice
to Lessee delivered on or before the fifteenth day of each month following initiation of the term of this -
Lease.
3.5 Rem and other sums due City under this Lease shall be due when specified in this
Lease and shall bear a late payment charge of two percent (2%) per month if not paid within ten (10)
calendar days after the date on which payment is due. In no event, however, shall any such late
.charges exceed the maximum mount permitted by law. Any returned checks will be assessed the
maximum fee for returned checks permitted by State law to cover bank charges. In addition, the late
~ayment charge shall be added ~.mless the replacement payment is made within the ten (10) calendar
day grace period.
4.0 ACCOUNTInG RECORDS
4.1 All sales shall be recorded by means of cash registers which publicly display the mount
of each sale and automatically issue a customer's pre-numbered receipt or verify the amount recorded
on a slip. Said cash register shall in all cases have locked-in sales totals and transactions coumers
which are constantly acctmflating and which cannot, in either case, be reset, and in addition thereto, a
tape located within the register on which tra_n~ction numl~rs and'sales details are ' ~nnprinted.
Be~nning and ending cash register readings shall be made a matter of daily record. In the event of a
technical or electrical failure of the cash register, Lessee shall record by hand all collections, and issue a
sequentially pre-numbered customers receipt in like manner.
(5)
4.2 Lessee shall be required to maintain a method of accounting, to the satisfaction of the
City, which correctly and acctmately reflects the gross receipts and disbursements related to tenant
improvements and maimenance costs of the Lessee in connection with each type of authorized
operations (food and beverage concession). The method of accoun~g, including bank accounts
established for said operations, shall be separate fi"om the acco~g system used for any other
business operated by Lessee or for the recording Lessee's personal financial affairs. Such method shall
include the keeping of the following documents:
a. Regular books of accounting such as general ledgers.
bo
Journals including any supporting and underlying doo~mems such as vouchers; checks,
tickets, bank statements, etc.
C.
State and Federal income tax returns and California sales and use returns and checks
and other documents providing payment of sums shown.
d.
Cash register tapes (daily tapes may be separate but shall be retained so that from day
to day the sales can be idemified).
e.
Any other accounting records that the Finance Director or City Manager deems
necessary for proper reporting of receipts.
4.3 All doc~ments, books and accounting records shall be open for inspection and re-
inspection at any reasonable time during the term of this Lease and for four (4) years thereafter. In
addition, the City may fi"om time to time conduct an audit and re-audit of the books and business so
that accuracy of the above records can be confirmed. All information obtained in connection with the
City's inspection of records or audit shall be treated as confidential information, and, to the extent
pem~ed by law, exeS. fi"om public disclosure thereof. Lessee shall cooperate with City in making
the mpecdon_
4.4 In the evem that an audit or review conducted by the City finds that due to Lessee's
non-cornp~ance with its obligation to report gross receipts in connection with its operations authorized
herein, an actual loss and/or projected loss of revenue to City can be determined, the City, at its option
shall: (1) bill Lessee for said losses, said amount to be paid to City within thirty (30) days following
billing therefore unless otherwise extended by the City Manager, and/or (2) use the Security Deposit as
provided for herein; and/or (3) terminate this Lease.
4.4.1 Should the City find that the additional rental payment due to City exceeds two percent
(2%) of the total amount which should have been paid as determined by such review or audit and
observation, and there being no reasonable basis for the failure to report and pay thereon, Lessee shall
also pay the cost of the audit as determined by City and pay. late charges as heretofore provided for the
delinquem payments.
4.5 Lessee shall fimaish the City with a monthly gross receipts report showing the amount
payable therefrom to the City. Such a report shall accompany each monthly payment required to be
(6)
made as provided herein. The monthly reporting period shall be by calendar month, rather than
monthly anniversaxy date of the effective date of this Lease. In addition thereto, Lessee shall fm~h
the City with monthly profit and loss statements and an annual profit and loss statement and a balance
sheet prepared by a person and in a form acceptable to said City. The monthly profit and loss
statements shall be submitted with the monthly rental payment. The annual financial statement shall be
submitted within sixty (60) days atter the close of the Lease year. Said closing date shall be determined
by reference to the date for commencement of the term herein provided.
5.0 BUSINESS PURPOSES AND BASIC SERVICE OBLIGATIONS
5.1 Food and Beverage Concession Operations
A. Business Purposes
The demi.~l premiss are to be used by Lessee for the operation of a food and
beverages concession area and associated retail operations all in substantial accordance with the
-Lessee's proposal to the City for operation of the demi~oed premims. Copies of the portions of the
proposal relevant to goods, services and operations provided, are attached hereto as Extntfit D and
incorporated herein by reference. To the extent of any conflict between the provisions of the proposal
and the provisions ofthis Lease, the provisions ofthis Lease shall control_
B. Lessee's Staff
Lessee shall be respons?ole for each meml~ of its food and beverage staff to
comply with all regulations as determined by the Orange County Health Department in food
preparation
Lessee shall be responsible for hiring the necessary' personnel to conduct
operations. Lessee shall comply with all federal, state and local hws relating to mnimma wage, social
security, civil rights, ADA, unemployment coition and workers' coition Lessee shall
require all employees to observe all applicable City roles and regulations and to exercise courtesy and
consideration in their rehtions with the public.
C. Days and Hours of Operation
Lessee shall submit for City's approval a schedule setting forth hours of
operation for the business. Any curtailment or decrease of this service is subject to the prior written
approval of the city. The above days and hours of operation shall be complied with unless advance
written authorization to deviate from thi~ schedule has been obtained form the City Manager.
The hours of operation would be subject to change to adjust to the needs of the
community. Special hours would be added to accommodate special tournaments or events. The'hours
designated at the outset ofthe lease shall be:
Fall and Spring:
Monday thru Friday
2:30 p.m. to 9:30 p.m.
(7)
W'mter (Dec to Jan)
Saturday
Sunday
Monday thru Friday
Saturday
Sunday
Holiday Weekday
9:00 a.m_ to 9:30 p.m_
12:00 noon to 5:00 p.m_
5:00 p.m_ to 9:00 p.m_
9:00 a.m_ to 5:00 p.m
Closed
Closed
Summer
Monday thru Friday
Saturday
Sunday
11:00 a.m. to 10:00 p.m.
9:00 a.m_ to 10:00 p.m_
12:00 noon to 5:00 p.m.
D. Food and Beverage Products
Lessee shall provide and maimain the necessary food and beverage products
required to satisfy the public demand therefor. All such products sold or kept for sale by Lessee shall
be fa-st class in quality, wholesome and pure and shall conform to the Federal, State County and City
food laws, ordinances and regulations in all respects. No adulterated, mi.qbranded or impure articles
shall be sold or kept for sale by Lessee and all food and beverage products kept on hand by Lessee
shall be stored and handled with due regard for sanitafio~ In the event that Lessee's food and beverage
products are deemed by City Manager to be less than first class in quality, said officer shall have the
fight to order the impr~ ovement of the quality of any such products kept or offered for sale.
5.2 Exclusivity
Lessor agrees that Lessee shall have the exclusive right to conduct a food and
beverage concession business on the Sports Park site. The City of Tustin reserves the right to
determine four (4) public event days sponsored by the City of Tustin without Lessee's prior written
consent for the purposes of providing alternative food and beverage services.
6.0 MAINTENANCE
6.1 Building, Equipment and Grounds Maintenance
& Lessee shall, at its cost and e~ during the term of this ~ase, keep and
maintain the demised premises and all impr~ ovements, fixtures, trade fixtures, equipment and utility
systems which may now or hereafter exist thereon, in good, operable, useable and sanitary order and
repair and in a good, safe and first-class condition throughout the term ofthi.~ Lease, providing for such
repairs, replacements, rebuilding and restoration as may be required by the City to comply with the
requirements hereof. All such repairs and/or any modifications or additions to the facilities shall have
the approval of the City prior to their implementation_
B. Should Lessee fail, after ten(10) days notice from City of the need thereof, to
perform its obligations required hereunder, City in addition to all other available remedies may, but
shall not be obligated to, exercise its right-of-entry as provided hereinafter in Section 23. Lessee shall
forthwith on demand reimburse City for its costs incurred in connection with such right of entry
including direct and indirect overhead costs as determined by the City.
(8)
C. In regard to the level of maintenance, all work shall be performed in accordance
with the highest industry-wide maintenance standards at established frequencies so as to maintain the
aesthetic level and proper condition of the concession facility.
D. Regularly scheduled inspections of the demised premiss and of Lessee's operations
authorized herein shall be made by the City. The written report of such inspections shall be recorded,
retained for reference, and fonvarded to Lessee upon request.
E. In regard to emergency services, the Lessee will provide the City with the names
and telephone numbers of at least two (2) qualified persons who can be called by City representatives
when emergency maintenance conditions occur during hours when the Lessee's normal work force is
not present. The City shall call for such assistance only in the event of a genuine and substantial
emergency.
F. The Lessee at its sole cost and e~e shall finxfish all necessary equipment,
supplies and material of good quality and in sufficient number to fiflfiI1 the requirements of this Lease
and to accomplish an acceptable and professional level of maintenance.
G. City shall be respons~le for the maintenance and repair of the exterior of all
concession structures, except to the extent that City finds that Lessee is respons~le for damage to the
exterior of a concession structure. In that case, City shall have the option of either requiring Lessee to
repair the damage, or repairing the damage itself, at Lessee's expense.
6.2 Operation of Demised Premises. Lessee shall operate and manage the' demi~d
premises in a first-class manner, comparable to other first-class ~sinesses providing similar facilities.
7..Q OPERATING RESPONSIBILITIES
7.1 Compliance with Laws
Lessee shall conform to and abide by all City and county ordinances, and all state and
federal laws and' regulatiom, insofar as the same or any of them are applicable; and where permits
and/or licenses are required for the food and beverage and/or tennis operation hereunder and/or any
construction authorized herein, the same must be first obtained from the regulatory agency having
jurisdiction thereover.
7.2 Compliance with Rules and Regulations
Lessee shall conform to and abide by all roles and regulations of the City Council and
the City Manager insofar as the ~me or any of them are applicable.
7.3 Disorderly Persons
Lessee shall exercise every reasonable effort not to allow any loud, boisterous or
(9)
disorderly persons to loiter about the dexni~ premises.
7.4 Illegal Activities
Lessee shall not knowingly permit any illegal activities to be conducted upon the
demised premises.
7.5 Signs
Lessee shall not post si~s upon the demised premises or improvements therein unless
prior written approval therefore is obtained from the Comm~ Development Director. Compliance
with the Cites sign ordinance provisions shall be the responm~y of the Lessee. This approval shall
not be unreasonably withheld.
7.6 Lessee's Staff and Employment Practice
Lessee shall maintain an adequate and proper staff. The City may at any time give
Lessee written notice to the effect that the conduct or action of a desi~ated employee of Lessee is, in
the reasonable belief of the City, detrimental to the interest of the public patronizing the demised
premises. Following City's written notice therefor Lessee shall, at City's discretion: (1) terminate Such
employee's work assi~ment at the demised premises or (2) meet with representatives 'of the City to
consider the appropriate course of action with respect to such matter and Lessee shall take reasonable
measures under the circumstances to assure the City that the conduct and activities of Lessee's
cnnployee will not be detrimental to the interest of the public patronizing the demised premises.
A. Lessee shall establish an identification system for personnel assigned to the
concession fachty which clearly indicates to patrons the name of the person(s) on duty. The
identification system shall be furnished at the Lessee's expense and may include appropriate attire, name
badges and/or name plates as specified by the City.
B. Lessee warrants that it fully complies with all laws regarding emplo~ent of
aliens and others, and that all its employees performing services hereunder meet the citizenship or alien
status requirements contained in federal and state statutes hud regulations. Lessee shall obtain~ from all
covered employees performing services hereunder, all verification and other documentation of
emplo~ eligtbflity status required by federal and state statutes and regulations as they currently
exist and as they may be hereafter amended. Lessee shall retain such documentation for all covered
employees for the period prescn'oed by hw. Lessee shall indenmify, defend, and hold harmless, the
City, its officers and employees from employer sanctions and any other liability which may be assessed
again~ Lessee or City or both in connection with any alleged violation of federal and/or state statutes
or regulations pertaining to the eligtbility for employment of persons performing services under this
Lease.
7.7 Utilities
& Lessee shall make all arrangements for and pay for all applicable utilities
furnished to or used on the demised premises including without limitation: gas, electricity, water,
(10)
refuse removal, telephone service, Cable TV, etc. In addition, upon expiration or earlier termimtion of
any preexisting City concession agreements, Lessee shall provide for the transfer of all applicable utility
accounts from any prior concessionaire to Lessee and thereafter shall pay for said utilities.
B. Lessee waives any and all claims again~ City for coition for loss or
damage caused by a defect, deficiency or impairment of any utilities system, water system, water
supply system, drainage, system, waste system, heating or gas system, electrical apparatus or wires
serving the demised premises. City shall warrant all underground or '~dden" plumbing, utilities and
stmcture.
7.8 Sanitation
Lessee shall keep the demised premises ~ee and clear of rubbish and litter and shall
deposit rubbish and litter in containers designated by City. Trash containers shall be kept in an
approved enclosed area. City shall charge Lessee monthly for rubbish removal, at rates no greater than
the standard rote charged other commercial users for City rubbish removal services.' No offensive
matter or refuse or substance constituting an mmecessary, unreasonable, or unla~ fire hazar~ or
material detrimental to the public health shall be petmtted to remain on the demised premises and
Lessee shall prevent any accumulation thereof from occurmg.
7.9 Security_ Devices
Lessee may provide any legal devices, mecbani~ms or equipment designed for the
purpose of protecting the demised premises from theft, burglary or vandalism, provided written
approval for installation thereof is first obtained from the City. All purchases and installation thereof
shall be at Lessee's expense. During the last thirty (30) days preceding the termination of this Lease,
Lessee shall remove same from the demised premises, except for those items of personalty which have
been furnished by City or have been so atExed that their removal therefrom cannot be accomplished
without damage to the reall3, as determined by the City.
7.10 Prices
Lessee shall at all times maintain a complete list or schedule of the prices
charged for all goods and services, or combinations thereof, supplied to the public on or from the
demi~ premises. Said prices shall be fair and reasonable based UpOn the following considerations:
that said operation is intended to serve the needs of the public for the goods and/or services supplied at
a fair and reasonable cost; comparability with prices charged for similar goods and/or services supplied
in the Orange County area; and reasonableness ofprofit margin in view ofthe cost ofproviding same in
compliance with the obligations as~med in this Lease. In the event the City notifies Lessee that the
prices being charged are not fair and reasonable, Lessee shall have the fight to confer with the City and
justify said prices. Following reasonable conference and consultation thereon, Lessee shall make such
price adjustments as may be ordered by the City. Lessee may appeal the determination of the City to
the City Council, whose decision thereon shall be final and conclusive. However, Lessee shall comply
with the ordered price adjustment pending the appeal and final ruling thereon by the City Council
7.11 Safety_
(11)
Lessee shall immediately correct any tmsafe condition of the demised premises, as well
as any unsafe practices omamg thereon Lessee shall obtm emergency medical care for any
employee who is in need thereof, because of illness, or injttry occurring on the demi~xl premises.
Lessee shall cooperate fully with City in the investigation of any injury or death ocoxtmg on the
demised premises, including a prompt report thereof to the City Manager.
7.12 Quality_ of Goods and Services
Services to the public, with goods and merchandise of the best quality and at
reasonable charges, is of prime concern to City and is considered a part of the consideration for this
Imtse. Therefore, Lessee agrees to operate and manage, during the entire term of this Lease, the
facilities in a first-class manner, and comparable to other similar facilities and services. Where such
facilities are provided, Lessee shall finnish and dispense foods and beverages of the best quality and
shall maintain a high standard of service at least equal to that of other food/beverage mack bar
establishments in City and/or adjacent conammifies and to those prevailing in tach areas for ~
products and services, and without discrimination Lessee, following receipt of written notification
therefor, shall mediately withdraw or remove from sale any goods or services which may be found
objectionable to the City based on findings that the provision of such goods or services are harmful to
the public welfare.
7.13 Reporting
The Lessee or his representative shall meet with the City Manager or his representative
at such other times as may be required by the City to review Lessee's performance under this Lease and
to d/scuss any problems or matters as determined by the City.
7.14 Trade Fixtures
Lessee at its own expense shall provide and install all appliances, furniture, fixtures,
equipment, door locks and padlocks or personal property that are required for the operation of the
demised premises. Dining the last thirty (30) days preceding the termination of this Lease, Lessee shall
remove same from the demised premises, other than for those items which have been so atfixed that the
removal therefrom cannot be accomplished without damage to the reaky. Should Lessee fail to so
remove said appliances, furniture, fixtures, equipment, door locks and padlocks within said thirty (30)
days period, Lessee shall lose ail fight, title and interest in and thereto, and City may elect to keep same
upon the demised premises or to sell, remove or demolish same. Lessee shall reimburse City for any
cost, as determined by the City Manager, incmxed in excess of any consideration received from such
sale, removal or demolition
7.15 Habitation
The demised premises shall not be used for human habitation
7.16 Nuisances and Annoyances
(12)
Lessee shall not use or petmt the use of the demi~ premises in any manner which
creates a nuisance or ~able annoyance to persons outside the demised premises, including,
without limitation, live, recorded or broadcast entertainment or the use of loudspeakers or sound or
light apparatus other than as may be required by law or necessary or advisable for safety purposes and
other than a customer paging system
7.17 Inspection
Services, equipment and improvements shall be subject to inspection and approval by
the City Building Department, the County Health Department, and the Fire Marshall, as applicable.
8.0
REQUI~ED TENANT IMPROVEMENT PROGRAM
8.1 A tenant improvement program shall be prepared by Lessee and approved by the City
which shall indicate the description of the tenant improvements proposed by Lessee in order to operate
said concession, the estimated impr~ ov~ costs, and the projected time frame for commencement
and completion of the tenant impr~ ovement project. It is understood that the construction and/or
improvements required herein may, at the discretion of Lessee, be constructed in phases, each phase
being separated from the other by a period of time to be mmaally agreed upon by Lessee and the City
Manager. In no event shall the phasing of the construction required herein extend the completion
thereof beyond the date heretofore provided, subject to the provisions of paragraph 8.4.
8.2 City and Lessee may agree from time to time that various additional tenant
improvement(s) mutually agreed upon, shall be completed as necessary to impr~ ove and/or ensure the
useabilky of the demi.q~ premises.
8.3 Prior to cormnencement of construction, Lessee shall obtain City's written approval of
all plans, specifications and construction cost estimates by Lessee for the tenant improvements to be
constructed upon the demisecl premises. No modification of said plans, specifications, or tenant
improvements, shall be made'by Lessee without approval thereof by the City. Lessee agrees that City
may have on the site at any time during the construction impr~ ovement period an inspector who shall
have the fight of access to the demised premises and the construction work.
8.4 The parties agree that any dehy in the construction due to fire, earthquake, war, hbor
dispute or other events without fault and beyond the control of Lessee shall extend the time in which
said construction must be completed by the length of time of such dehy.
8.5 Lessee shall construct, perform, complete and maintain all construction and
installations covered by this Lease in a good and workmanlike manner and with high quality materials,
and shall furnish all tools, equipmem, labor and material necessary to perform and to complete same.
Upon completion of the tenant improvements, Lessee shall furnish the City with one (1) complete set
of as-built construction drawings on mylar or its equivalent (all circuit breakers, mechanical equipment,
switches, plttmbing and fire sprinkler section and main values shall be plainly labeled and a master index
shall be provided); operating manuals for building equipment and systems; and copies of all written
warranties. Upon termination of this Lease whether by expiration of term or cancellation, Lessee shall
(13)
assign to City all express warranties fianished by other persons in connection with the provision of'
hbor and/or material to the works of improvement covered by this Lease. Upon review by and
consultation with Citfs Finance Director or City Attorney, Lessee shall provide such insurance
coverage as City reasonably deem necessary for the contemphted constmc~on project.
9.0 ADVERTISING AND PROMOTIONAL MATERIALS
Lessor reserves the right to review and approve any advertising or promotional materials. Said
approval shall not be unreasonably withheld or delayed and shall be deemed to be given if no objection
is made within ill°teen (15) business days following the request for approval Such materials include,
but are not limited to: advertising in newspapers, magazines and trade journals, and radio and/or
tele 'v~sion commercial.q.
Lessee may, at its own expense, place such signs in or upon the demised premises as it may
'deem necessary subject to compliance with Sections 8600 et seq. and 9400 et seq. of the Tustin City
Code and provided consent by the City as to the type, design and method of installation is first obtained
and proper pernffts obtained. All signage placed by Lessee on,'in or about the demised premises shall
remain the property of the Lessee and shall be removed by Lessee upon termination or expiration of
this Lease at Lessee's expense, and any damage caused by such removal shall be repaired at Lessee's
expense.
10.0 BONDS
10.1 During any period of construction of the tenant improvements herein required or
othemAse authorized, Lessee shall provide a performance bond in an amount of not less than one
hundred percent (100%) of the cost for the construction to be performed as evidenced by contracts for
all required tenant improvements, payable to the City of Tustin and executed by a corporate surety
licensed to do business in, and in good standing in, the State of California and acceptable to the Risk
Manager and City Attorney. The surety shall have a Best's Key Rating of at least A VII. The
condition of the bond shall be such that if Lessee shall complete the required construction specified
herein in accordance with approved plans and spec~cations for the tenant improvements and receive a
certificate of occupancy for the building, then surety shall no longer be bound thereon Said bond shall
be maintained in full force and effect by Lessee until said tenant improvements have been accepted by
the City.
10.3 The City Attorney my accept in lieu of the bonds heretofore desmlx~ the
performance and payment bonds of corporations duly authorized to issue surety bonds by the State,
naming as principal a licensed contractor employed by Lessee to construct works of improvement on
the demised premises provided each bond otherwise conforms to the requirements set forth in 10.1 and
10.2 and names City as an additional obligee.
10.4 Lessee shall have the option to deposit with the City cash or United States Government
securities in all respects satisfactory to the City Attorney in lieu of the surety obligations herein
required. Said cash or securities shall be deemed deposited with City to secure full and satisfactory
(14)
performance of the principal obligations heretofore descnt~ for which surety is required, and shall be
released upon satisfactory performance thereof, as evidenced by certification of completion by the City
Manager and unconditional release of mechanic's liens by all claimants. In lieu thereof, Lessee may
deposit the required amount in a bank or other fman~ institution whose deposits are federally insured,
provided the account is made payable to City on demmd and the certificates of deposit are delivered to
the City Manager. Lessee shall be entitled to all interest on the deposit and to the remm of the
certificate of deposit upon satisfactory performance as heretofore defined.
11.0 DESTRUCTION OF DEMISED PREMISES
11.1 In the event the demised premises shall be totally or parfi'ally destroyed by a
risk' covered by the inmrance coverage required herein, Lessee shall either restore the demised
premises or terminate this Lease. City shall make the loss adjustment with the insurance company
insuring the loss and receive payment of the proceeds of insurance. If the destruction is from a risk for
which instnmace coverage is not required or provided under said policy of insurance, City shall either
restore the demised premises or terminate this Lease. Said insurance proceeds, if any, shall be held for
the benefit of Lessee only in the event of an election by Lessee to restore the demised premises and
shall be disbursed in installments as construction progresses for payment of the costs of restoration
upon satisfactory performance of the work required, as evidenced by certification of completion by the
City Manager and release of mechanic's liens by all persons furnishing labor and materials thereon If
the proceeds of insurance are in~_,gicient to pay the actual costs of restoration, Lessee shall deposit the
amount of the deficiency with the City upon demand therefor by the City Manager, and said sums shall
be held for payment of said costs and disbursed in the manner heretofore provided. Any undistn'buted
fimds shall be retained by City and credited to the rental reserved over the remaimg term of this Lease.
If Lessee elects to restore the demised premises, plans, specifications, and construction cost estimates
for the restoration thereof shall be prepared by Lessee and forwarded to .City for approval prior to the
performance of any work thereon Said documents shall be prepared and subn~ed in a timely manner
following adjustments of the loss and rec~pt of the proceeds of inmmnce by City. The required
construction shall be performed by Lessee and/or licensed and bonded contractor(s) thereof who shall
be required to cany comprehensive liability and property damage insurance, workers' compensation
insurance, and standard fire, and extended coverage insurance, with van_dali.ma and malicious mimhief
endorsements, during the period of construction, in amounts equal to the insurance limits required
herein, or as otherwise determined by the City. Said construction shall be commenced promptly
following the approval thereof by the City, issuance of permits therefor by governmental agencies
having jurisdiction thereover, and posting of the construction site by City with notice of
nonresponsibility, and shall be diligently prosecuted to completion. All work shall be performed in
accor~ce with the approved plans and specifications, unless changes therein are approved in advance
thereof by City. Lessee agrees that City may have on the site at any time during the construction
period an inspector who shall have the fight to access to the demised premises and the work ocamfng
thereon. Lessee, at the commencement of the construction work, shall notify City in writing of the
identity, place of business, and telephone number of responsible person(s) in charge of the construction
to be oc, cmmg thereon. All construction shall be performed in a good and workmanlike manner.
Upon completion of the restoration, Lessee shall immediately record a notice of completion with the
Registrar-Recorder.
(15)
11.2 If the demised premises are restored, this Lease shall continue in full force and effect,
except that if Lessee files a claim therefor with the City, the payment to be made by Lessee shall be
abated and/or other relief afforded to the extent that the City may detem~e the damage and/or
restoration interferes with the concession operation, provided any such claim shall be denied if the
destruction of the demised premises is found by the City to have been mused by the fault or neglect of
Lessee. Lessee agrees to cooperate in the determination of the abatement and/or other relief to be
provided by fixmishing all information requested relative to the concession operation, and permitting
examination and audit of all accounting records kept in connection with the conduct thereof.
11.3 Lessee shall cooperate in the restoration of the dem{qed premises by vacating the same
and removing therefrom all items of inventory, trade fixtures, equipment and furnishings for such
periods as are required for the restoration thereof.
11.4 The aforesaid provisions for abatement and/or other relief shall also be applicable to a
total or partial destruction of the demised premises by the aforementioned causes, except that the relief
to be provided shall be based upon the extent the City may determine that the reduction in the public's
use of the demised premises due to the partial or total closure thereof has affected the concession
operation.
11.5 Lessee agrees to accept the remedy heretofore provided in the event of a destruction of
the demised premises and hereby waives.any and all additional fights and remedies for relief or
compensation that are presently available or may hereafter be made available under the laws and
statutes of this State.
12.0 CONSTRUCTION BY CITY AFFECTING DEMISED PREMISES
12.1 In the event City shall construct or cause to be constructed a new facility or renovation
on the demised premises, for reasons described in Section 11, this Lease shall continue in full force and
effect, except that the payments to be made by Lessee shall be abated and/or other relief afforded to the
extent that the City may determine the construction interferes with the Lessee's authorized operations,
provided a claim therefor is filed with the City within one hundred (100) days of the commencement of
construction. Lessee agrees that the provisions of Section 12 shall not apply to improvements
constructed pursuant to the tenant improvement plan_
12.2 Lessee agrees to cooperate with City in the event the construction affects ~e demised
premises by vacating the same and removing therefrom all items of inventory, trade fixtures, equipment
and furnishings for such periods as are required by the construction of the new facilities. Lessee farther
agrees to cooperate in the determination of the abatement and/or other relief to be provided by
famishing all information requested relative to the operation and permitting examination and audit of all
accounting records kept in connection with the conduct thereof.
12.3 Following completion of the new or renovated facility, Lessee shall resume its.
operations therefrom within thirty (30) days of written notice from the City Manager that the demised
premises are now available for occupancy.
(16)
12.4 The aforementioned provisions of this section shall also be applicable in the event of
performance of work on the demised premiss that requires a partial or total closure thereof, except
that the abatement and/or other relief to be provided shall be based upon the extent the City may
determine that the reduction in the public's use of the demised premises, due to the partial or total
closure thereof, has affected Lessee's operations.
12.5 Lessee agrees to accept the remedy heretOfore, provided in the event of construction
upon the demised premises, and hereby waives any and ail additional fights and remedies for relief or
compensation that are presently available or may be made available hereafter under the laws and
statutes ofthi.q State.
13.0 INDEPENDENT CONTRACTOR
13.1 This Lease is by and between the City of Tustin and Lessee and is not intended and
shall not be construed, to create the rehtionship of agent, servant, employee, or representative of the
City by the Lessee.
13.2 Lessee understands and agrees that all persons ftanishing services to Lessee pursuant
to this Lease are, for purposes of Workers' Compensation, liability, employees solely of Lessee, and not
of City.
13.3 Lessee shall bear the sole responsibility and liability for furnishing workers'
co ,mpensation benefits to any person for injuries from or connected with services performed on behalf
of Lessee pursuant to this Lease.
13.4 Lessee understands and specifically agrees to inform its emPloyees that Lessee is an
independent contractor to the City.
13.5 Lessee understands and specifically agrees to inform its employees that they are not
agents or employees of the City.
14.0 SECURITY DEPOSIT
14.1 Prior to the commencement of the term of this Lease, Lessee shall pay to the City a
sum equal to one-twelfth (1/12th) of the Minimum Annual Rent. In lieu thereof, Lessee may deposit
said amount in a bank or other financial institution whose deposits are federally insured, provided that
a certificate of deposit is delivered to the City Manager giving City the exclusive right to withdraw any
or all of said amount at any time during the term of this Lease. Lessee shall be entitled to any and all
interest a~g from said cenSficate of deposit.
A. Said sum shall serve as security for fakhfifl performance of all covenants,
promises and conditions assumed by Lessee herein, and may be applied in satisfaction and/or mitigation
of damages arising from a breach thereof, including, but not limited to, delinquent payments; correction
of maintenance deficiencies; securing required insurance; loss of revenue due to abandonment, vacation
(17)
or discontinuance of food and beverage operations or tennis concession operations; completion of
construction; and payment of mechanic's liens. Application of amounts on deposit in satisfaction
and/or mitigation of damages shall be without prejudice to the exercise of any other fights provided
herein or by law to remedy a breach of this Lease.
B. In the event any or all said amounts is applied in satisfaction and/or mitigation
of damages Lessee shall immediately deposit such sums as are necessary to restore the security deposit
to the full amount required hereunder.
C. Said sum shall be returned to Lessee upon termination of this Lease less any
amounts that'may be withheld therefrom by City as heretofore provided.
14.2 Additionally, Lessee shall furnish to City a fakhfifl performance bond in a sum equal to
one-sixth (1/6th) of the Minimum Annual Rent payable to the City and executed by a corporate surety
licensed to do business ia, and in good standing in the State of California and acceptable to the Risk
Manager and City Attorney. The surety shall have a Best's Key Rating of at least A VII. Such bond
shall be satisfactory to City in all respects and shall be conditioned upon the fakhfifl performance by
Lessee ofthe terms and conditions ofthis Lease and shall be renewed to provide for continuing liability
in the above amount notwithstanding any payment or recovery thereon
A. The City Attorney may also accept from the Lessee, in lieu of the bond
heretofore descntxxi, the deposit of the required amount in a bank or other financial institution whose
deposits are federally insured, provided that the amount is made payable to City on demand and the
certificate of deposit is delivered to the City Manager, or such other immanent such as an irrevocable
letter of credit payable only to City and in form and content acceptable to the City Attorney. Lessee
shall be entitled to all interest on the deposit and the renan of the certificate of deposit upon
satisfactory performance as heretofore defined.
15.0 HOLD HARMLESS AND INDEMNIFICATION
15.1 The'Lessee shall indemnify and save harmless the City of Tustin and all officers,
employees, agents and independent contractors thereof from all claims, suits, or actions of every name,
kind, and des~on, brought for, or on account of, injuries to or death of any person including, but
not limited to, workmen and the public, or damage to property resulting from the construction of the
work or by or in consequence of any negligence regarding the work, the use of impr~ oper materials or
equipment in construction of the work, the neglect or refusal of the Lessee to fakhfi~y perform the
work and all of the Lessee's obligations under this Lease, or by or on account of any act or omission by
the Lessee or his agents or a subcontractor or his agents or a third party during the progress of the
work or at any time before its completion and final acceptance, or which might arise in connection with
the agreed upon work or is caused by or happening in connection with the progress of said work.
15.2 The indemnification by the Lessee shall include all costs and expenditures including
attorney's fees incurred by the City of Tustin or its employees, officers, agents or independent
contractors with respect to such claim or suit and the Lessee will, if requested by the City, defend any
litigation arising out of such claims at the sole cost and expense of the Lessee. City shall have the fight
(18)
to select legal counsel of its choice in connec~on with such defense.
16. INSURANCE
16.1 Without limiting LeSsee's indemnification of City, Lessee shall provide and maintain at
its own expense during the term of this Lease the following program(s) of inmmnce covering its
operations hereunder. Such insurance shall be provided by ins~er(s) licensed to do business in, and in
good standing in, the Sate of California, with a Best's Key Rating of at least A VII, and satisfactory to
City's Risk Manager and the City Attorney. Evidence of such programs satisfactory to City shall be
delivered to the City on or before the effective date of this Lease. Such evidence shall specificallY
identify thi.q Lease and shall contain express conditions that City is to be given written notice at least
thirty (30) days in advance of any modification or termination of any program of insurance. Such
insurance, with the exception of Workers' Compensation insurance, shall be primary to and not
contributing with any other insurance maintained by City, and shall name the City and its officers and
employees as additional insureds. The City of Tustin Insurance Endorsement Form, a copy of which is
attached as Extn'bit E hereto and incorporated herein by reference, must be executed by the applicable
insurance underwriters and delivered to City.
A. During the term of this Lease, follOwing completion of construction of tenant
improvements, Lessee shall provide and maintain the following forms and amounts ofinmmnce:
1. Liabiliw: Comprehensive General Liability insurance endorsed for
Independent Contractor, Premises-Operations, Products/Completed Operatiom, Contracnml, Broad
Form Property Damage, and Personal Injury with a combined single limit of not less than ONE
MILLION DOLLARS ($1,000,000.00) per occurrence. If such insurance is written on a Claims Made
Form, such insurance shall be endorsed to provide an extended reporting period of not less than five
years following termination of this Lease.
2. Workers Compensation: A program of Workers' Compensation
insurance in an amount and form to meet all applicable requirements of the Labor Code of the State of
California, including Employers' Liability with a $150,000 limit covering an persons providing services
'by or on behalf of Lessee and an risks to such persons under this Lease.
3. Property_ Coverage: (1) Real Property - All Risk insurance, including
flood, for the full insurable replacement value with a dedu~'ble no greater than five percent (5%) for an
risk related coverages, and (2) Personal ProPerty Insurance for the actual cash value again~ the
hazards of fire, theft, burglary, vandalism and malicious mischief.
B. During the period(s) of construction of tenant improvements as required
herein, Lessee shall provide the following forms and amounts of insurance:
1. Builders All-Risk Insurance: including flood coverage, coveting the
entire work, against 10ss or damage until completion and acceptance by the City Manager. Insurance
shall be in an amount for the replacement value of the impr. ovements and endorsed for broad form
property damage, breach of warranty, explosion, collapse, and underground hazards. Deductibles not
(19)
exceeding five percent (5%) ofthe construction cost will be permiaed.
2. Comprehensive General Liability_: endorsed for all owned and non-
owned vehicles with a combined single limit of at least Three Hundred Thousand Dollars ($300,000)
per occulTeace.
3. Workers' Compensation: a program of Workers' Compensation
insurance in an mount and form to meet all applicable requirements of the Labor Code of the State of
California, including Employers Liability with a $150,000 limit covering all persons providing services
by or on behalf of Lessee and all risks to such persons under this Lease.
16.2 Failure on the part of Lessee to procure or maintain required insurance shall constitute
a material breach of contract upon which City may immediately terminate this Lease.
16.3 Conduct of Lessee's operations shall not commence until Lessee has complied with the
aforementioned insurance requirements. Further, said operations, whether in whole or in part, shall be
subject to suspension with City during any period that Lessee fails to maintain said policies in full force
and effect.
16.4 The specified amoum of liability insurance required herein may be subject to
renegotiation on an annual basis. Should either party request renegotiation with respect to the amount
of liability insurance to be provided, the determination thereof shall be established through mutual
negotiations between the parties. Lessee shall continue to provide insurance in the manner heretofore
provided, pending final renegotiation thereof.
16.5 No cancellation provision in any insurance policy shall be construed in derogation of
the continuous duty of Lessee to furnish insurance during the term of this Lease. At least thirty (30)
days prior to the expiration of any such policy, a signed and complete certificate of insurance, with all
endorsements required by this section, showing that such insurance coverage has been renewed or
extended shall be filed with the City.
17.0 TAXES AND ASSESSMENTS
17.1 Lessee shall also pay all taxes, assessments, fees and charges on goods, merchandise,
fixtures, appliances and equipment owned or used therein.
18.0 ASSIGNMENT, SUBLETTING, AND ENCUMBERING
18.1 Prohibition of Assignment. The Parties acknowledge that City is entering into this
Lease in reliance upon the experience and abilities of Lessee and its principals. Consequently, Lessee
shall not voluntarily assign or encumber its interest in this Lease or in the demised premises, or sublease
substantially all or any part of the demised premises, or allow any other person or entity (except
Lessee's Authorized Representatives) to occupy or use all or any part of the demised premises without
the prior written consent of City, which consent shall not be unreasonably withheld. Lessee shall not,
(20)
without the prior written consent of the City assign, hypothecate, or mortgage this Lease or sublease or
hcense any portion of the demised premises. Any attended assi~ment, hypothecation, mortgage,
sublease or license withom the consent of the City shall render this Lease null and void.
18.2 Each and all of the provisiom, agreements, terms, covenants and conditions herein
contained to be performed by Lessee shall be binding upon any transferee thereof.
18.3 The operations herein authorized ~hall not be transferable by testamentary disposition
or the state laws of intestate succession, as the rights, privileges, and use conferred by this Lease shall
tem~ate prior to the date for expiration thereof in the event of the death of Lessee occurring wit_bin
the term herein provided. Additionally, neither this Lease nor any interest therein shall be transferable
in proceedings in attachment or execution again~ Lessee or in voluntary or involtmtary proceedings in
bankruptcy or insolvency or receivership taken by or again~ Lessee, or by any process of law including
proceedings under all applicable federal _bankruptcy laws.
18.4 Shareholders and/or partners of Lessee may transfer, sell, exchange, assign or d/vest
themselves of any interest they may have therein~ However, in the event any such sale, transfer,
exchange, assi~ment or divestment is affected in such a way as to give majority control of Lessee to
any persom, corporation, partnership or legal entity other than the majority controlling interest therein
at the time of execution of this Lease, approval thereof shall be required. Consent to any such transfer
shall only be refused if the City finds that the transferee is lacking in experience and/or financial ability
to render and provide services for the operation of the concession(s). Failure to obtain such consent
shall constitute an event of defautt under Section 21.8 hereof.
18.5 The prot~bition herein contained shall not be applicable with reSpect to transfers of this
Lease arising from the exercise of a power of sale or judicial foreclosure pursuant to the terms and
conditions of a hypothecation or mortgage previously approved by the City.
18.6 In reference to Section 18.5 hereinbefore, the City's consent with regard to successive
transfers of this Lease arising from the exercise of a power of sale or judicial foreclosure or the
assi~ment of the Lease in lieu of foreclosure, pursuant to the terms of a deed of mast previously
approved by the City, shall not be unreasonably withheld.
18.7 In the event Lessee shall request the prior written consent of City to give, assign,
transfer or grant control of this Lease, and subsequently City gives written consent to the assignment, a
transfer fee equal to one percent (1%) ofthe gross sales price shall be paid to City. Said sum shall be
payable to City in full either within thirty (30) days after said consent is given or prior to the close of
any escrow, whichever occurs first.
19.0 NON-DISCRIMINATION AND CIVIL RIGHTS COMPLIANCE
19.1 Lessee hereby certifies and agrees that, in all matters affecting this Lease, it will comply
with all applicable federal and state laws and regulations protnbifing discrimination.
19.2 Lessee certifies and agrees that all persons employed thereby, are and shall be treated
(21)
equally without regard to or lxxrause of race, creed, color, national origin, political affiliation, marital
status, sex, age or handicap and in compliance with all federal and state laws protnbiting discrimination
in employment, inchding but not limited to, the Federal Civil Rights Act of 1964; the Unruh Civil
Rights Act; and Cartwri~t Act; the State Fair Employment Practices Art and Americans with
Disabilities Act.
19.3 Lessee ceaifies and agrees that subcontractors, bidders and vendors thereof are and
shall be selected without regard to or because of race, creed, color, national origin> political affilhtion,
marital status, sex, age or handicap.
19.4 All employment records shall be open for inspection and r~on at any reasonable
time during the term of this Lease for the purpose of verifying the practice of non-discrimination by
Lessee in the areas heretofore descn~.
19.5 If City finds that any of the above provisions have been violated, the same shall
constitute a material breach of contract upon which City may determine to cancel, terminate, or
suspend this Lease. While City reserves the fight to determine independently that the non-
discrimination provisions of this Lease have been violated, in addition, a determination by the California
Fair Employment and Housing Department or the Federal Equal Employment Opportunity
Commission that Lessee has violated State or Federal non-discrimination laws or regulations shall
constitute a finding by City that Lessee has violated the nonntiscrimination provisions of this Lease.
19.6 Lessee shall include the non-discrimination and compliance provisions in all
subcontracts to perform work under the contract.
20.0 TERMINATION OF AGREEMENT
20.1 The abandonment, vacation or discontinuance of concession operations on the demised
premises for more than five (5) consecutive days. This does not include inclemem weather or days that
the City has given prior approval to be closed. If the City closes the park, it is deemed to be approval
to close. Upon the occurrence of any one or more of the events of default hereinafter described, this
Lease shall be subject to termination As a condition precedent, thereof, the City Manager shall give
Lessee ten (10) days notice by registered or certified mail of the date set for termination hereof and the
grounds thereof.
20.2 Upon termination City shall have the right to take possession of the demised premises,
including all improvements, equipment, and inventory located thereon, and use same for the purpose of
satisfying and/or mitigating all damages arising ~om a breach of this Lease.
20.3 Action by City to effectuate a termination and forfeiture of possession shall be without
prejudice to the exercise of any other rights provided herein or by law to remedy a breach of this Lease.
(22)
21.0 EVENTS OF DEFAULT
21.1 The abandonment, vacation or discontinuance.of concession operations on the demi.~ecl
premiss for more th_an 5 consecutive days. This does not include inclement weather or days that
the City has given approval to be closed.. If the City closes the park, it is deemed to be approval to
close.
21.2 The failure of Lessee to punctually pay or make the payments herein when due, where
the delinquency continues beyond ten (10) days following written notice for payment thereof.
21.3 The fauhxre of Lessee to operate in the manner required by this Lease, where such
failure continues for more than thirty (30) days after written notice from the City to correct the
condition therein specified.
21.4 The failure to maintain the demised premises and the improvements constructed'
thereon in the state of repair required hereunder, and in a clean, sanilary, safe and satisfactory
condition, where such failure continues for more than thirty (30) days after written notice fi.om the City
for correction thereof, provided that where fidfillment of such obligation requires activity over a period
of time and Lessee shall have immediately, following rece~ of such notice, commenced to perform
whatever may be required to cure the particular default and continues such performance diligently, said
time limit may be waived in the manner and to the extent allowed by the City.
21.5 The failure of Lessee to keep, perfoma and observe any other promises, covenants,
conditions and agreements set forth in this Lease, where such failure continues for more than thirty
(30) days after written'notice from the City for correction thereof, provided that where fulfillment of
such obligation requires activity over a period of _time and Lessee shall have commenced to perform
whatever may be required to cure the particular default within ten (10) days after such notice and
continues such performance diligently, said time limit may be waived in the manner and to the extent
allowed by the City Manager.
21.6 The filing of a voluntary petition in _bankruptcy by Lessee; the adjudication of Lessee as
a bankrupt; the appointment of any receiver or trustee of Lessee's assets; the making of a general
assi~ment for the benefit of creditors; a petition or answer seeking an arrangement for the
reorganization of Lessee under any federal reorganization act, including petitions or answers under
federal laws; the occurrence of any act which operates to deprive Lessee permanently of the rights,
powers and privileges necessary for the proper conduct and operation of the concession; the levy of
any attachment or execution which substantially interferes with Lessee's operations under this Lease
and which attachment or execution is not vacated, dismissed, stayed or set aside within a period of
sixty (60) days; the City reasonably determines that the Lessee is insolvent; Lessee shall be deemed to
be insolvent if it has ceased to pay its debts in the ordinary course oflmsiness or cannot pay its debts as
they become due, whether it has committed an act of bankruptcy or not, and whether insolvent within
the meaning of federal bankruptcy law or not.
21.7 Determination by the City, the State Fair Employment Commission, or the Federal
Equal Employment Opponungy Commission of dis~tion having been practiced by Lessee in
violation of state and/or federal laws in connection with the Lease.
(23)
21.8 Transfer of the majority controlling interest of Lessee to persons other than those who
are in control at the time ofthe execution ofthi~ Lease, without approval thereof by the City Manager.
21.9 Lessee's material mi~epresentation of fact(s) in its literature, forms and/or affidavits,
which were suhnitted in response to the Request For Proposals used in the solicitation process for this
21.10 Fmlure to have submitted schematic plans and/or working drawings for tenant
improvements on or before the date(s) designated in thi.~ Lease for submi.~sion thereof.
21.11 Failure to have commenced required construction oftenant improvements or any phase
thereof on or before the date designated in this Lease for commencement thereof.
21.12 Failure to have completed construction of tenant improvements on or before the date
designated in thi~ Lease for completion thereof.
22.0 WAIVER
22.1 Any waiver by City of any breach of any one or more of the covenants, conditions,
terms and agreements herein contained shall not be construed to be a waiver of any subsequent or
other breach of the same or of any other covenant, condition, term or agreement herein contained, nor
shall faihn'e on the part of City to require exact, full and complete compliance with any of the
covenants, conditiom, terms or agreements herein contained be construed as in any manner changing
the terms ofthi~ Lease or stopping City fro~enforcing the full provisions thereof.
22.2 No delay, failure, or omission of City to re-enter the demised premims or to exercise
any fight, power, privilege or option,, arising from any default, nor any subsequent acceptance of
payments then or thereafter shall impair any such right, power, privilege or option, or be construed as a
waiver of or acquiescence in such default or as a relinquishment of any right.
22.3 No notice to Lessee shall be required to restore or revive "time of the essence" after the
waiver by City of any default.
22.4 No option, right, power, remedy or privilege of City shall be construed as being
exhausted by the exercise thereof in one or more instances. The fights, powers, optiom, privileges and
remedies given City by this Lease shall be omflative.
23.0 RIGHT-OF-ENTRY
23.1 Should Lessee be deemed deficient, as determined bythe City, in its performance of its
obligations required hereunder,. City in addition to ail other available remedies may, but shall not be so
obliged, enter upon the demi.~xl premiss and correct Lessee's deficiencies using City forces, and
(24)
equipment and materials on the demi.~l premi.qes suitable for such purposes, or by employ~g a
separate private contractor. Ci~s costs so incurred, including direct and indirect overhead costs as
deternmed by the City, shall be rdmbursecl to City by Lessee and/or its sureties within thirty (30) days
o f demand thereof.
23.2 In the event of an abandonment, vacation or discontinuance of operations for a period
five (5) days, exclusive of inclement weather, approval of the City to be closed, or closure of the park
by the City, Lessee hereby irrevocably appoims City as an agent for continuing operation of the
services granted herein, and in connection therewith authorizes the officers, employees, agents and
independent contractors thereof to (1) take possession of the demised premises, including all
improvements, equipment and inventory thereon; (2) remove any and all persons or property on said
demised premims and place any such property in storage for the account of and at the expense of
Lessee; (3) sublease or license the demised premises; and (4) after payment of ail expense of such
mbleasing or licensing apply all payments realized therefrom to the satisfaction and/or mitigation of all
damages arising from Lessee's breach of this Lease. Entry by the officers, employs, agents or
independent contractors of City upon the demi~ premises for the purpose of exercising the authority
conferred hereon as agent of Lessee shall be without price to the exercise of any other fights
provided herein or by law to remedy a breach of this Lease.
24.0 SURRENDER
24.1 Upon expiration of the term hereof, or termination thereof as herein provided, Lessee
shall peaceably vacate the demised premises and shall remove all tenant improvements, equipment and
personal property used in Lessee's operations. Notwithstanding the foregoing, however, on receipt of
written notice from City, delivered at City's option, Lessee shall instead surrender the demised premises
to City with all tenant improvements r~g in tact and shall deliver up the demised premises and
the tenant improvements, to the extent that City elects not to have Lessee remove the tenant
impr. ovemems. Title to the demi~ premises and the tenant impr~ ovements remains vested in City,
pursuant to Section 1.6.
24.2 Upon expiration of the term of this Lease, Lessee shall at City's request, execute and
deliver to City within thirty (30) days after service of written demand, a goOd and sufficient quitclaim
deed of the Lessee's interest in this Lease and the demi.~:cl premi~%'s.. Should Lessee fail or refuse to
deliver to City a quitclaim deed as aforesaid, a written notice by City reciting the failure of the Lessee
to execute and deliver the quitclaim deed, shall after ten (10) days from the date of recordation of the
notice be concMs'h,e evidence agah~ Lessee and all persons claiming under Lessee of the termination
of this Lease.
25.0 INTERPRETATION
25.1 This Lease shall be interpreted according to the roles which govern the interpretation of
contracts, as prescffixxl in Title 2, of Part 2, of Division 3, of the California CMl Code, commencing
with Section 1635.
(25)
25.2 The headings herein contained are for convenience and reference only and are not
intended to define or limit the scope of any provision thereof.
25.3 The following words as used herein shall be construed to have the following meaning,
unless otherwise apparent from the comext in which they are used:
"City"- The City of Tustin
"City Manager" - City Manager or his designee.
"State" - The State of California
"Finance Director"- Finance Director of the City of Tustin.
"Beverage" - Any liquid prepared by flavoring heating and/or admixing in advance of
consun~on thereof, not including alcoholic beverages as defined in the State Alcoholic Beverage
Control Act.
"Gross Receipts" - Except as specifically provided by policy statement issued by the City, the
term "gross receipts" as used in this Lease, is defined to be all money, cash receipts, collected or
accrued from the use grained within the demised premises including the rendering or supplying of
services and the sale of goods, foods or beverages.
25.3.1 Except as. specifi~y provided below or by policy statemem issued by the City
Manager, there shall be no deduction from gross receipts for any overhead cost or expense of
operations, such as, but without limitation to salaries, wages, costs of goods, interest, debt
amortization, credit, collection costs, discount from credit card operations, insurance and taxes.
25.3.2 The City, by policy statement consistent with reco~ed and accepted business and
accounting practices, upon consultation with Lessee, and with the approval of the Finance Director and
City Attorney, may further interpret the term "gross receipts" as used in this Lease.
25.4 In the event of any conflict in the defin'~on or interpretation of any word,
responsibility, sex-vice or schedule between the body of this I_ease and the Extn~ attached hereto, the
terms of the body ofthi.q Lease shall control.
26.0 FORCE MAJEURFa'TIME EXTENSIONS
26.1 Except as otherwise specifically provided hereinbefore, and in the event either party.
hereto shall be delayed or prevented from performance of any act reqaired hereunder by reason of fire,
earthquake, war, labor dispute, or other cause without fault and beyond control of the party obligated,
performance of such act shall be excused for the period of time of the delay as determined by the City
Manager. An extension of time for any such cause shall only be for a period of time equivalent to the
forced delay. Lessee's inability to obtain financing shall not be grounds for an extension of time. City
Manager shall prepare and execute, and Lessee shall execute the appropriate document acknowledging
(26)
any extension of time granted pursuant to this section
27.0 LESSEE'S NON-COMPLIANCE
27.1 If the City determines that there are deficiencies in Lessee's perforce of the
concession operations authorized and required herein, the City will provide, as specified in Section 20
(Default) herein, a written notice to the Lessee to correct said deficiencies withirl SpeCified _time fraliles,
except for the repair of leaking valves which must be corrected within twenty-four (24) hours
following notification
27.2 In the event that Lessee ~s to correct the deficiencies within the pres~ time
frames the City may, at its option; (1) use the Security Deposit as provided for herein, (2) exercise its
fights under paragraph 23 (Right-of-Entry) herein, and/or (3) terminate this Lease.
28.0 NOTICES
Any notice required to be given under the terms of this Lease or any hw applicable thereto
may be: (1) delivered by personal service; or (2) phcecl in a sealed envelope, with postage paid,
addressed to the person on whom it is to be served, return receipt requested, and deposited in a post
office, mailbox, sub-post office, substation or mail chute, or other like facility regularly maintained by
the United States Postal Service.
follows:
The address to be used for any notice served by mail upon Lessee shall be addressed as
LESSEE:
TO: Marcia Sanserino
TITLE: Owner
ADDRESS: 20 Rincon
Irvine, CA 92620
or alternate mailing location as may hereafter be clesi~ated in writing to the City by Lessee.
Any notice served by mail upon City shall be addressed to the City as follows:
CITY.MANAGER
CITY OF TUSTIN
300 CENTENNIAL WAY
TUSTIN, CA 92680
PARKS AND RECREATION SERVICES
CITY OF TUSTIN
300 CENTENNIAL WAY
TUSTIN, CA 92680
Personal service shall be deemed complete on delivery and service by mail shall be deemed
complete upon receipt as reflected by the remm receipt.
(27)
29.0 SEVERABILITY
If any provision of this Lease is determined to be illegal, invalid, or unenforceable by a
court of co .mpetent jurisdiction, the remaining provisions hereof shall not be affected thereby and shall
remain in full force and effect.
30.0 CONTRACT ENFORCEMENT AND AMENDMENTS TO THIS LEASE
30.1 The City Manager shall be responsble for the enforcemem of this Lease on behalf of
City and shall be assisted therein by those officers and employees of City having duties in connection
with the admini~fion thereof.
30.2 Any officers and/or authorized en~loyees of City may enter upon the dem[~l premiss
at any and all reasonable times for the purpose of detenming whether or not Lessee is complying with
the terms and conditions hereof, or for any other purpose incidental to the fights of City within the
demi.~ecl prerriqes.
Lessee shall be notified with reasonable notice for the pm'tx>se of entry.
30.3 In the event either party commences legal proceedings for the enforcement of this
Lease, the prevailing party shall be entitled t° recover its attomey's fees and costs incurred in the action
brought thereon
30.4 This document may be modified only by further written agreement between the parties.
Any such modification shall not be effective unless and until executed by Lessee and in the case of the
City, unless otherwise specifically authorized hereinbefore, until executed by the Mayor of the City.
31.0 ENTreE AGREEMENT
31.1 This document, and the exhibits attached hereto, constitutes the entire .agreement
between the City and Lessee for operations and use granted herein. Ail other agreements, promises
and representations with respect thereto, other than contained herein, are expressly revoked.
(28)
IN WITNESS WHEREOF, the City has by action of City Council authorized this Lease to be
executed for and on behalf of the City of Tustin by the Mayor, and the Lessee has mused the same to
be executed by its duly authorized officer.
CITY OF TUSTIN
Dated:
Mawr
ATTEST:
Pamela Stoker
City Clerk
APPROVED AS TO FORM:
Lois E. Jeffrey
City Attorney
"LESSEE"
Dated: i~//9 /
Name: figtl~ rc ,'~.
Title:
(29)
EXHIBIT A
TUSTIN SPORTS PARK SITE
EXHIBIT B
CONCESSION BUILDING PLANS WITH
DEMARCATION OF DEMISED PREMISES
0
0
L_l LDI
I__
,.b'oi
Fn,., ?,
.N
EXHIBIT C
CAPITAL IMPROVEMENT PROGRAM
CAPITAL IMPROVEMENT PROGRAM
The proposed tenant improvements include making the current Concession building
operable. All of the existing cabinets, lighting, fm-tures and plumbing will stay as they exist.
Mom's will bring m equipment that is needed for the menu items offered, and will finish off the
counters so they are workable.
The time flame for these improvements will be as short as possible m order to open the
business as soon as possible. Keeping m mind there are always unforseen delays, an estimated
amount of time would be six weeks m order to get the concession in working order. Business
would open as Soon as possible ai~r the work is complete.
The estimmed budget for improvements would be:
EQUIPMENT
$10,500.00
TENANT IMPROVEME~FS $8,000.00
TOTAL $187,00.00
EXHIBIT D
PROPOSED PRICE LIST AND MENU
PROPOSED MENU AND PRICE LIST
Hot Food
Homemade BBQ Beef Sandwich
Baked Potato
with Chili
1/4 lb. Hamburger
with cheese
*BBQ on the patio for special
Bowl of Chili
Hot Dog
Corn Dog
1/4 lb Ail Beef Dog
Polish Sausage
French Bread Pizza
Bean and Cheese Burrito
Cold Food
Turkey Sandwich
Roast Beef Sandwich
Ham Sandwich
Snacks
Nachos
Salsa and Chips
Hot Pretzel
Hot Churro
Chips
Cookies
String Cheese
Candy
Muffins
Croissants
Ice Cream
Assorted Novelties
Frozen Yogurt
Cold Drinks
Pepsi-Cola
Diet Pepsi
7-Up
Sunkist Orange
Root Beer
Iced Tea
Lemonade
Sport Drinks
Bottled Water
Apple Juice
Orange Juice
$4.00
53.00
$3.5O
$3.50
54.00
events and busy days
53.00
51.75
$1~50
$2.50
$2.50
52.25
$1.75
$3.5O
$3.50
$3.50
$1.50
$i.oo
Si .25
$1.50
$ .75
5 .75
$ .75
$ .05-.75
Si .25
Si .25
$ .75 - 1.25
$1.50 / 2.25
$1.00 / $1.50
$1.75 /
Si .25
$i.oo
$i.oo
$2.50
Hot Drinks
Coffee $1.00
Hot Tea $1.00
Hot Chocolate $1.00
Cappuccino $2.50
Espresso $1.50
Cafe Latte $2.25
Cafe Mocha $2.75
Party PackaGe
Package includes main food item, chips, refillable drinks, and
ice cream or candy. It also includes the use of tables and
chairs which are reserved on the patio for the party. There is a
minimum of 10 people.
Above items with Hot dog $4.25 per person
Pizza $4.75
Corn Dog $4.25
Sandwich $5.50
Hamburger $5.50
Team Snack Card
Team snack card can be purchased for 12 snacks (either candy, ice
cream, chips or pretzel) and drink. This also includes a free
drink for the coach!
Price: $15.00
(NOTE: this card would be changed to accommodate the size of
team in season)
FINANCIAL STATEMENT
This financial statemem and income statement is a balance sheet showing assets,
liabilities and sources of income. Because of the confidential nature of specific account
numbers and contents, that was withheld until requested at a later time. All assets and
credit histories can be verified through reputable banks and financial institutions.
The funds to finance 'Mom's Sport Cafe' will not be borrowed, but taken from
existing assets.
FINANCIAL STATEMENT AND INCOME STATEMENT
For Marcia and Gary Sanserino
20 Rincon
irvine, Ca. 92620 I
.ASSETS i
Oash on Hand ! $ 8,000
U.S. Government Securities . I$ '10,500
Oash Value- Life Insurance ~ $ 19,500
Stocks and Securities i $ 108,500 ! 'i
Real Estate i $ 560,000
Automobile . $ 9,000 t
Personal property i $ 75,000
Other Collectibles (art, coins, etc.) I $ 17,000
401K iS 229,500 i
Tota/Assets iS 1,037,000
I i ,
I
LIABILITIES
Mortgage I$ 332,000
OtherI $ -
Total Liabilities $332,000
I
Net Worth i t $ 705,000
I !
SOURCE OF INCOME I
I ~ !
Salary $ 87,000i !
Dividends and Interest I $ 2,000 I
Bonus and CommissionsI $ 83,000 I
Other IS -1
Total Income ! ! $ 172,000
CASH FLOW ANALYSIS AND PROFORMA
CASH FLOW ANALYSIS
1999 2000t 2001 2002 2003
I
Food and beverage i $ 38,000 $ 49,400 $ 64,220 I $ 80,275 I $100'343
Special Events IS 500 ~$ 1,000. $ 2,000 IS 2,500I $ 3,000
Misc. IS - $ - $ - $ -. $ -
TOTAL REVENUE $ 38,500 I $ 50,400 $ 66,220 $ 82,775 t $103,343
COST OF SALES
iFood I$11,666 i$13,415,$15,428 $17,742 iS 20,403
Paper Supplies !$ 2,500 !$ 2,750 iS 3,025 $ 3,327 I$ 3,659
Misc. !$ 1,200 i$ 1,200 iS 1,200 $ 1,200 ~$ 1,200
TOTAL COSTS i $15,366 i $17,365 i $19,653' I $ 22,269.J $ 25,262
GROSS PROFIT i.$ 23,134 i $ 33,035 . $ 46,567 i $ 60,506 i $ 78,081
EXPENSES
Salary Expense $ 6,000!$ 6,600!$ 7,26015 7,986!$ 8,784
Emplyment Develop. $ 300 !$ 330 $ 363 t$ 398 $ 438
IRS t$ 2,00015 2,200 $ 2,420t $ 2,662 $ 2,928
State Bd. ofEqual.!$ 1,200j$ 1,320 $ 1,45215 1,597 $ 1,756
Equipment tS 10,500t5 1,000 $ 500 $ 500 $ 500
Insurance $ 2,00015 2,200J$ 2,420 $ 2,662 I$ 2,928
Advertising $ 500I $ 500I $ 500 $ 500 !$ 500
Stationery $ 500 t $ 100 $ 100 $ 100 $ 100
Health Department $ 80015 880 $ 968 $ 1,064 $ 1,170
;Maintenance/Tenant improvements !$ 8,000I $ 1,000 $ 1,000 $ 1,000 $ 1,000
,Accounting !$ 900 $ 990 t$ 1,000 $ 1,000 $ 1,100
Telephone/Utilities I$ 1,825 $ 1,825t $ 1,825 $ 1,825 $ 1,825
;RentI $ 2,650 $ 3,84015 5,422 $ 6,756 $ 7,962
:Permits I$ 350 $ 35015 350 $ 350i$ 350
Workman's Comp $ 500 $ 550I $ 605 $ 66515 732
Bank Charges I$ 350 !$ 350 t$ 350 $ 350t $ 350
Fundraising I$ 3,04015 3,952 $ 5,137t$ 6,42215 8,027
Misc. $ 100 ! $ 100 $ 100 $ 100 t $ 100
I
.TOTAL EXPENSES I$ 41,515 t$ 28,087 $ 31,772 $ 35,937 I$ 40,550
TOTAL OPEI~ATING COSTS I $ 56,881 $ 45,452 $ 51,425 $ 58,206 [ $ 65,812
NET PROFIT t5(18,381)t $ 4,948 $14,795 I$ 24,569 $ 37,531
EXHIBIT E
CERTIFICATE OF INSURANCE
BMR
BMR INSURANCE AGENCY
Insurance Agents and Brokers
Lic. # OC17392
September 21,1998
MOM'S SPORTS CAFE
20 Rincon
irvine,-CA. 92620
Attn: MARSHA
INSURANCE PROPOSAL
for
MOM'S SPORTS CAFE
12850 Robinson Drive
Tustin, CA. 92680
We are pleased to offer the following premium quotation:
COMPANY: FIRST FINANCIAL INSURANCE CO.
(Rated A+ by A.M. Best)
PROPERTY
INSURED:
Contents: $100,000
90% Co-Insurance
PERILS:
Special Form
VALUATION: Actual Cash Value
EXCLUSIONS: Flood, Replacement Cost, Earthquake
DEDUCTIBLE: $1,000 per claim
COVERAGE:
General Aggregate Limit
Products-Completed Operations
Aggregate
Personal and Advertising Injury Limit
Each Occurrence Limit
Fire Damage Limit (Any One Fire)
Medical Expense
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$ 50,000
$ 5,000
"~ \:. Member of CAM Insurance Services
';_
13732 Newport Avenue,'"?Suite 6, P.O. Box 1025, Tustin, CA 92781 (714) 838-1912 · FAX: (714) 838-7568
BMR
BMR INSURANCE AGENCY
Insurance Agents and Brokers
Lic. # 0C17392
ADDITIONAL INSURED: (1) Fully Earned Premium of $50.00
EXCLUSIONS: Pollution, Punitive Damages, Asbestos, Lead Based
Paint, Employment Related Practices, Assault &
Battery, Liquor Liability
DEDUCTIBLE: $250.00 Per Claim ( including Loss Adjustment
Expense
PREMIUM:
$2,280.00
75.00 Company Fully Earned Policy Fee
$2,355.00 Annual Premium
CONDITIONS: Must have a dry chemical system installed over
cooking area. Please confirm type of system.
Replacement Cost is NOT available on Contents
WARRANT Central Station Burglar Alarm installed
and working.
We would need an original signed application along with a'deposit
premium to bind. Total annual premium or financing subject to a
finance charge are the payment options available.
The coverage descriptions in this proPosal are simplified illustrations
only and do not alter, extend or restrict the insurance contract
described.
Await your instructions to proceed further.
Sincerely,
..
·
Georgia Huff
Member of CAM Insurance Services
13732 Newport Avenue, Suite 6, P.O. Box 1025, Tustin, CA 92781 (714) 838-1912 · FAX: (714) 838r7568