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CONCESSION AGREEMENT THIS AGREEMENT, made and entered into this 1" day of February, 2010 by Pedro Rosas dba Gisela's Mexican Food, sole proprietorship, (hereinafter "Contractor "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS A. The City desires to retain a Contractor having special skill and knowledge in the field of foods services comparable with "high- level" industry practice. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional "high- level" contractor in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: I• SCOPE OF SERVICES Contractor shall perform those services as set forth in the Scope of Services (Exhibit "A" hereto) and all attachments thereto. In the event of a conflict between the terms of this Agreement and any Exhibits or Attachments hereto, the terms of this Agreement shall prevail. 2. COMPENSATION a. In consideration for the concession rights granted by this Agreement, Contractor agrees to pay the City a monthly concession fee of $900.00 during the term of this Agreement. The payment is due on the first of each month, in advance. For example, the payment for September 2009 is due September 1, 2009. Services for a partial month shall be prorated on a daily basis. 3. TERM This Agreement shall commence on the date first written above and terminate on January 31, 2012 unless terminated earlier in accordance with Section 12, below. This Agreement may be renewed, at the option of the City, for two additional two -year terms in a monthly concession fee amount of $900.00. 4. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which 25G -3