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HomeMy WebLinkAboutKARMINA RESTAURANT - 2012I .� AGREEMENT TERMINATION Please complete this form when the attached agreement is no longer in effect. 6Sw Return form to the Deputy Clerk of the Council (M-30). Call 647-cif you have any questions. The agreement with No. A—Wo-- hcq was completed on and final payment has been made. Department: pK6A Signature:A. aG7 Date: City of Santa Ana Clerk of the Council Revised 05-22-08 City of Santa Ana C;'Irk of the Council IUSUPANCE ON EU WORK MAY PROCEEI) UNTIL INSURANCE EXPIRES c9-20-1 CLER 0 CORE �TE: CI'r1q-1 FIRST AMENDMENT TO AGREEMENT THIS FIRST AMENDMENT TO AGREEMENT is entered into on August 20, 2012, by A-2012-176 and between Karmina Restaurant & Banquet Hall, a California limited liability company ("Concessionaire") 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 ("City"). RECITALS: A. The parties entered into that certain Concession Agreement # A-2010-149, dated September 3, 2010, (hereinafter "said Agreement") by which. Concessionaire has provided concession services at the Santa Ana Stadium. B. hi accordance with the terms and conditions of said Agreement, the parties wish to amend the Scope of Services and compensation terms and extend the term for an additional two-year period. C) WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this First Amendment to Agreement, the parties agree as follows: 1. Section 1, SCOPE OF SERVICES, shall be, amended to reflect the Parties' agreement that, effective February 1, 2012, Concessionaire ceased providing weekday breakfast and/or lunch service, as set forth in Exhibit A, Section 4. 2. Section 2.a., COMPENSATION, shall be deleted in its entirety and replaced with the following: "In consideration of the concession rights granted by said Agreement, the parties agree that, effective February 1, 2012, Concessionaire shall pay the City ten percent (10%) of gross receipts from the operations of Downtown Stadium Grill, including any catering from the site. Payment is due on the I O'h day of each month, and shall be accompanied by an accounting of gross receipts during the previous month. The parties further agree that if Concessionaire commences providing breakfast and/or lunch service, the concession fee will be increased to $600 per month plus ten percent (10%) of gross receipts." 3. Section 3, TERM, shall be amended to extend the term of said Agreement for an additional two year period, through August 31, 2014. 4. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Agreement on the date and year first written above. ATTEST: MARIA D. HUIZAR / Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney -� By: Laura Sheedy Assistant City Attorney Kevin O'Rourke, Interim City Manager KARMINA RESTAURANT & BANQUET HALL CARLOS M,�DRILES Owner Ac�o/za® CERTIFICATE OF LIABILITY INSURANCE Doaizoi2o 3""' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsemenl(s), PRODUCER Sariah Devereaux, Agent CONTACT NAME: Sanah Devereaux 1202 IN1st St Statearm Santa Ana, CA 92703 FAX PNONE 14- 4 d 80 IAIC. Noll 4-38 3892 statefarm.com ADDRESS: sadah.devereaux.t8lb@statefarm.com INSURERS AFFORDING COVE RAGE NAM INSURER A: State Farm General l nsurance Company 25151 v INSURED Carlos Madriles INSURER B: INSURER C: DBA Downtown Stadium Grill INSURERD: 602 N Flower St, Santa Ana, CA 92703 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, ILTN TYPE OF INSURANCE AOOL UBR POLICY NUMBER MMIDCY� PMIDC YEYXYPI' LIMITS A GENERAL LIABILITY FI ❑ 92CSG2465 0812012013 08/20/2014 EACH OCCURRENCE $ 1.000,000 DAMAGE 10 RENTED PREMISES Ea occurrence $ 300,000 x COMMERCIAL GENERAL LIABILITY CLAIMS -MADE ❑ OCCUR MED EXP (My oneperson) $ 6,000 PERSONAL &ADV INJURY $ 11000,000 GENERALAGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP,0PAGG $ 2,000,000 Business Property $ 25,000 POLICY L PRO LOC AUTOMOBILE LIABILITY ❑❑ E accl0eltB 0LE LIMIT $ BODILY INJURY (Per person) $ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS HIRED AUTOS AO SWNED BODILY I NJURY(Per accldet) $ PROPERTY accidenDAMAGE $ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ AGGREGATE $ E%CE$S LIAR CLAIMS -MADE DEO RETENTION$ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPMETORIPARTNEWEXECUTIVE YIN OFFICENEMBER EXCLUDEDI 1:1NIA (Mandatory in NH) El WC TA7UOTH- E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ EX DISEASE - POLICY LIMIT $ If yes, describe under OESCRIP nON OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, B more apace is required) Certificate holder, it's officers, agents, and employees are named as Additional Insured In regards to General Liability. .As T jX1Di'R®VF-D - *30 days notice of cancellation for nonpayment. 1.19A F ,, STOFtC4C tani Ci y AtiorneY Additional Insured: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Santa Ana, its officers, employees, agents, and ACCORDANCE WITH THE POLICY PROVISIONS. representatives-Attn: Purchasing Dept AUTHORIZED REPRESENTATIVE 20 Civic Center Plaza; Santa Ana, CA 92701 © 1 68.2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered mar s Df ACORD 1001486 132849.8 01-23-2013 C] ADDITIONAL INSURED ENDORSEMENT Insurance Company This en o se ent modifies such insurance as is afforded by the provisions of Policy # aa-�� 4 �'S, relating to the following: The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; it officers, employees, agents and representative are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective 2 1 QO 113 , this endorsement form as part of Policy # "(W -Gs - �I (a - Issued to l Qr6 MACWes `DBA-2%,Ift "1 S '^'m �H(l Name Insured r Countersigned by ' APPROVED AS TO FORM SA E. STORCK Assistant City Attorney