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Sample Contract (available in the City Clerk's Reading File)

Santa Clarita City Council
September 8, 2026

Document
Sample Contract (available in the City Clerk's Reading File)
Meeting
September 8, 2026
Body
Santa Clarita City Council
Original file
4.1 MB
Text extracted from the city's file for reading and search. Open the original on santaclaritacityca.iqm2.com. That file is the official record.

SAMPLE

CONCESSION AGREEMENT

FOR THE OPERATION OF THE WHEEL CONCESSION
The Rink Sports Pavilion — City of Santa Clarita
Agreement No.

THIS CONCESSION AGREEMENT (this "Agreement") is entered into as of. 20_ (the "Effective Date"), by and between the CITY OF SANTA CLARITA, a California municipal corporation (the "City"), and
[corporation/limited liability company/partnership] (the "Concessionaire"). The City and the Concessionaire are each a "Party" and collectively the "Parties."

RECITALS
A. The City owns and operates The Rink Sports Pavilion, a 25,000-square-foot multi-use recreation facility located at 20870 Centre Point Pkwy, Santa Clarita, California 91350 (the "Rink"), which features an approximately 12,000-square-foot roller rink, public skating, themed events, and multi-sport programming.

B. Within the Rink is an approximately 960-square-foot food and beverage facility known as "The Wheel," together with an exterior walk-up service window that also serves visitors to the surrounding Santa Clarita Sports Complex.

C. The City issued Request for Proposals No. RCS-26-27-01 for the operation of The Wheel (the "RFP") seeking a qualified restaurant operator to activate the space and provide high-quality food and beverage services.

D. The Concessionaire was selected through the RFP process, and the City wishes to grant to the Concessionaire, and the Concessionaire wishes to accept, the exclusive right and privilege to operate The Wheel concession on the terms set forth in this Agreement.

E. The Parties intend that this Agreement create a concession relationship only. This Agreement grants the Concessionaire a license and privilege to operate the concession and does not grant, and shall not be construed to grant, any leasehold estate, easement, tenancy, or other interest in real property, and no landlord-tenant relationship is created.

NOW, THEREFORE, in consideration of the mutual covenants set forth below, the Parties agree as follows.

ARTICLE 1 - DEFINITIONS

1.1 "ABC" means the California Department of Alcoholic Beverage Control.

1.2 "City Manager" means the City Manager of the City of Santa Clarita or his or her designee, including the Director of Recreation and Community Services or designated administrator.

1.3 "Commencement Date" means the date on which the City delivers possession of the Premises to the Concessionaire, as confirmed in writing by the City, anticipated to occur on or about the opening of the Rink in Fall 2026.

1.4 "Equipment" means the operational kitchen and service equipment located at the Premises, as identified in the equipment inventory described in Section 3.4 and in Exhibit B.

1.5 "Gross Sales" means the total receipts from all sales of food, beverages, merchandise, catering, and services made at, from, or in connection with the Premises and the concession privileges granted under this Agreement, before any deductions.

1.6 "Premises" means the approximately 960-square-foot indoor restaurant area known as The Wheel, together with the indoor and outdoor walk-up counter, exterior kiosk, prep area, administrative space, service area, janitor's closet, walk-in cooler and freezer, and the exterior walk-up service window, all as depicted in Exhibit A.

1.7 "RBS" means Responsible Beverage Service training and certification as required under California law.

1.8 "Rink" means The Rink Sports Pavilion and its designated seating, event, and program areas.

1.9 "Sports Complex" means the Santa Clarita Sports Complex, including The Centre, the Gymnasium, the Aquatic Center, the Skate Park, and the Bike Park of Santa Clarita.

1.10 "Term" has the meaning given in Article 3.

Other terms are defined where they first appear.

ARTICLE 2 — GRANT OF CONCESSION

2.1 Grant. The City grants to the Concessionaire the exclusive right, license, and privilege to operate a food and beverage concession at The Wheel during the Term, and the non-exclusive right to use the exterior service window and to provide services at the designated event and seating areas as described in Article 5, all subject to the terms of this Agreement.

2.2 Nature of Interest. This Agreement is a concession and license only. The Concessionaire acquires no estate, interest, or right of possession in the Premises or any other portion of the Rink or Sports Complex beyond the revocable privilege to operate the concession granted herein.

Nothing in this Agreement creates a landlord-tenant relationship, a lease, a partnership, a joint venture, or an agency between the Parties.

2.3 Possession. The City will deliver possession of the Premises to the Concessionaire on the Commencement Date in accordance with Section 3.

2.4 Additional Service Location. The Concessionaire may, at its discretion and subject to the Ay soCrating rules, access and use the additional food servie location an and antact tita

2.5 Reservation of Rights. The City reserves all rights not expressly granted, including the right to control and schedule the Rink and Sports Complex and to access the Premises as provided in this Agreement.

ARTICLE 3 — TERM; RENEWAL; POSSESSION

3.1 Initial Term. The initial term of this Agreement commences on the Commencement Date and continues for three (3) years, unless earlier terminated under this Agreement (the "Initial Term").

3.2 Renewal. This Agreement may be renewed for up to two (2) additional one-year terms (each, a "Renewal Term"), subject to the City's sole discretion and satisfactory performance by the Concessionaire. The Initial Term and any Renewal Terms are collectively the "Term."

3.3 Delivery of Possession. The City will deliver possession of the Premises to the Concessionaire on the Commencement Date. The Concessionaire accepts the Premises and the Equipment in their then-existing "as-is" condition, subject to the City's ongoing maintenance obligations under Article 8.

3.4 Equipment Inventory. On or before the Commencement Date, the City will provide the Concessionaire with a written inventory of the Equipment located at the Premises.

ARTICLE 4 — CONCESSION FEE AND FINANCIAL TERMS

4.1 Base Fee. The Concessionaire shall pay the City a base concession fee (the "Base Fee") of $3.85 per square foot per month, equal to Three Thousand Six Hundred Ninety-Six Dollars ($3,696.00) per month for the initial year of the Term. In no event shall the Base Fee be less than $3,696.00 per month.

4.2 Utility Charge. The Concessionaire shall pay the City a monthly utility charge (the "Utility Charge") of One Thousand Two Hundred Dollars ($1,200.00) for the initial year of the Term.

4.3 Total Initial Monthly Amount. The total initial monthly amount payable by the Concessionaire (Base Fee plus Utility Charge) in the first year of the term is Four Thousand Eight Hundred Ninety-Six Dollars ($4,896.00).

4.4 Percentage Revenue Fee. Beginning after the first full calendar month of operation, the Concessionaire shall pay the City a Monthly Percentage Revenue Fee equal to five percent (5%) of the amount by which the Concessionaire's Gross Restaurant Revenue for the prior calendar month exceeds Thirty-three Thousand Dollars ($33,000.00).

4.5 Payment. The Concession Fee is due and payable in advance on the first day of each calendar month, without prior notice, demand, deduction, or offset, at the address for payments set forth in Section 15.1 or as otherwise directed by the City. Any amount not paid when due bears interest at the maximum rate permitted by law until paid.

4.6 Annual Increases. Beginning on the first anniversary of the Commencement Date and on each anniversary thereafter, including during any extensions of the initial term:
(a) the monthly Base Fee will increase by three percent (3%). (b) the monthly Utility Charge will increase by three percent (3%).

4.7 Approval of Revisions. Any revision to the financial terms of this Agreement is subject to the mutual agreement of the Parties and approval by the City.

4.8 No Deduction for Alcohol License. The Base Fee and other Concession Fees are independent of, and not reduced by, the City's reimbursement of the alcoholic beverage license cost under Section 6.3.

ARTICLE 5 — CONCESSIONAIRE OPERATING

OBLIGATIONS

5.1 General Operations. The Concessionaire shall operate a clean, safe, and customer-oriented restaurant that provides a vibrant dining experience and enhances the overall customer experience at the Rink.

5.2 Hours of Operation. The Concessionaire shall maintain service during the operational hours approved by the City and during such additional hours as are necessary to support scheduled events. Proposed operational hours shall be submitted by the Concessionaire and are subject to the City's approval, and shall be consistent with the Rink schedule.

5.3 Menu and Food Service.
(a) The Concessionaire shall provide a diverse menu suitable for families and recreational visitors, including core roller-rink food options such as snacks, grab-and-go items, combo and family-friendly meals, and handheld and casual foods.
(b) The Concessionaire shall offer specialty and premium offerings that highlight and enhance theme skate nights.
(c) All food shall be prepared fresh and served in accordance with all Los Angeles County Health Department requirements.
(d) The menu and pricing, and any updates, are subject to the City's approval. (e) If inspected by Los Angeles County, Concessionaire must meet and receive an "A" rating; if not, Concessionaire must resolve any issues preventing an "A" rating prior to the next (if possible expedited) inspection.

5.4 Exterior Service Window. The Concessionaire shall operate the exterior walk-up service window during agreed-upon hours to serve visitors of the nearby basketball courts, bike park, and skate park, and shall maintain adequate staffing to support indoor, outdoor, and special seating service areas.

5.5 Event and Special Seating Service.
(a) The Concessionaire shall provide exclusive food service to all designated birthday party seating areas within the Rink.
(b) The Concessionaire shall provide timely service to reserved seating areas during private rentals and events.
(c) The Concessionaire shall ensure adequate staffing for indoor and exterior window operations during events.

5.6 Right of First Refusal for Events.
(a) The Concessionaire shall have the right of first refusal to provide food and beverage services for all birthday parties, private rentals, and City-approved special events held within the Rink.
(b) The Concessionaire shall notify the City, within the timeframe established by the City, whether it accepts or declines each such opportunity. The City will provide the Concessionaire with at least ten (10) days' notice of catering opportunities where practicable. (c) If the Concessionaire declines, is unable to meet the event requirements, or fails to respond within the established timeframe, the City reserves the right to secure an alternate food and beverage provider for that event.

5.7 Catering. The Concessionaire shall offer catering menus and package pricing suitable for birthday parties, private rentals, and special events. Catering menus and pricing are at the Concessionaire's discretion, shall be submitted to the City, and shall be updated as approved by the City.

5.8 Staffing.
(a) The Concessionaire shall employ qualified staff to support all service functions and shall provide prompt, courteous, and professional customer service. (b) All employees serving alcoholic beverages shall possess all RBS training and certifications required under California law.
(c) The Concessionaire shall ensure that uniforms or identifiable attire are worn by staff at all times.

5.9 Equipment; Point-of-Sale System. The City will provide all operational Equipment listed on Exhibit B. The Concessionaire shall provide, install, and maintain all additional equipment and supplies necessary to operate the concession, including a POS system capable of generating auditable records.

5.10 Compliance with Operating Plans. The Concessionaire shall operate in accordance with the operating hours plan, menus, staffing plan, marketing plan, and cleaning and maintenance plans approved by the City under Article 9, and shall perform all maintenance practices and uphold the standards set forth in the RFP Scope of Work throughout the Term.

5.11 Alcohol License. The Concessionaire must apply for and if issued maintain a California ABC Type 41 (on-sale beer and wine) license within ten days after the Effective Date of this Agreement. The cost of the license is subject to reimbursement as set forth in section 6.3.

ARTICLE 6 — LICENSES, PERMITS, AND REGULATORY

COMPLIANCE

6.1 Permits. The Concessionaire shall obtain and maintain, at its expense (except as provided in Section 6.3), all permits, licenses, and approvals necessary to operate the concession, including all applicable health permits.

6.2 Alcoholic Beverage License. The Concessionaire shall obtain and maintain a California ABC Type 41 (on-sale beer and wine) license for the Premises. Possession of the required license is a condition of operation.

6.3 Reimbursement; License Remains with Facility. The City will reimburse the Concessionaire for the cost of the beer and wine license; however, the license shall remain with the facility. Upon expiration or termination of this Agreement, the Concessionaire shall take all actions reasonably necessary to transfer or surrender the license so that it remains with the facility.

6.4 General Compliance. The Concessionaire shall comply with all applicable federal, state, and local laws, codes, ordinances, and regulations in its operation of the concession, including the Santa Clarita Municipal Code, health and safety laws, and labor laws. To the extent applicable, the Concessionaire and its subcontractors shall be registered and qualified to perform public work pursuant to Labor Code Section 1725.5.

6.5 Non-Discrimination. The Concessionaire shall not discriminate against any person or employee on the basis of any characteristic protected under applicable law in its operations, employment practices, or provision of services under this Agreement.

ARTICLE 7 — CONDITION AND USE OF PREMISES; NO

ALTERATIONS

7.1 Permitted Use. The Premises shall be used solely for the operation of a food and beverage concession and directly related purposes, and for no other purpose without the City's prior written consent.

7.2 No Alterations. The Concessionaire shall not alter or modify the building structure or interior layout in any way. Any signage, trade fixtures, or non-structural improvements require the City's prior written approval and shall comply with all applicable codes.

7.3 Care of Premises. The Concessionaire shall use the Premises and Equipment with reasonable care and shall not commit or permit waste, nuisance, or unlawful use.

ARTICLE 8 — MAINTENANCE, CLEANING, AND UTILITIES

8.1 Concessionaire Responsibilities. The Concessionaire shall, at its expense:
(a) maintain the Premises in a sanitary condition at all times; (b) perform all interior cleaning, equipment care, and waste disposal; (c) repair, or reimburse the City for the cost of repairing, any damage to the Premises, the Equipment, or the Rink caused by the Concessionaire's operations, employees, agents, or invitees; and
(d) maintain the Equipment in good working order, ordinary wear and tear excepted.

8.2 City Responsibilities. The City shall:
(a) provide the Concessionaire with access to the Premises; (b) maintain the building exterior and structural systems of the Rink; (c) provide all operational Equipment except the POS system; and (d) provide the Concessionaire with the equipment inventory described in Section 3.4.

8.3 Utilities. Utility service to the Premises is addressed through the monthly Utility Charge under Article 4, subject to annual re-evaluation and renegotiation based on actual usage.

ARTICLE 9 — REPORTING, RECORDS, AND MEETINGS

9.1 Monthly Reports. The Concessionaire shall submit to the City a monthly Gross Sales report.

9.2 Annual Reports. The Concessionaire shall provide to the City annual financial statements and an annual maintenance report.

9.3 Point-of-Sale and Records. The Concessionaire shall maintain a POS system capable of generating auditable records and shall keep complete and accurate books and records of all Gross Sales and operations for at least three (3) years.

9.4 Audit Rights. The City may, upon reasonable notice, inspect and audit the Concessionaire's books, records, and POS data relating to the concession. If an audit discloses an underpayment of any Percentage Fee or other amount, the Concessionaire shall promptly pay the deficiency; if the deficiency exceeds three percent (3%), the Concessionaire shall also pay the reasonable cost of the audit.

9.5 Deliverables. The Concessionaire shall provide and keep current the following: an operating hours plan; initial and updated menus (including catering menus; a staffing plan; a marketing plan; and cleaning and maintenance plans.

9.6 Meetings. The Concessionaire shall participate in: (a) a startup meeting after award; (b) weekly performance meetings during the first year of the Term, which may transition to as- needed performance meetings; and (c) an annual performance review.

ARTICLE 10 — INDEMNIFICATION

10.1 Indemnity. To the fullest extent permitted by law, the Concessionaire shall defend (with legal counsel reasonably acceptable to the City, indemnify, and hold harmless the City and its officers, agents, departments, officials, representatives, and employees (collectively, the "Indemnitees") from and against any and all claims, loss, cost, damage, injury (including, without limitation, economic harm and injury to or death of an employee of the Concessionaire or its subcontractors), expense, and liability of every kind, nature, and description (including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, fees of expert consultants or expert witnesses, and costs of investigation) that arise from or relate to, directly or indirectly, in whole or in part: (a) the Concessionaire's performance under this Agreement, or any part thereof; (b) any negligent act or omission of the Concessionaire, any subcontractor, anyone directly or indirectly employed by them, or anyone that they control; (c) any actual or alleged infringement of any patent, copyright, trade secret, trade name, trademark, service mark, or other intellectual or proprietary right in consequence of the use by the City or any other Indemnitee of articles or services supplied under this Agreement;

10.2 Exclusion. The obligations to defend, hold harmless, and indemnify do not apply to the extent the Liabilities are caused by the sole negligence or willful misconduct of the Indemnitee, but shall apply to all other Liabilities.

10.3 No Reduction of Other Rights. The foregoing indemnification provisions do not reduce or affect any other rights or obligations that would otherwise exist in favor of the City and the other Indemnitees.

10.4 Flow-Down. The Concessionaire shall include in its subcontracts, and shall cause its subcontractors to agree to, indemnity and insurance obligations in favor of the City and the other Indemnitees in the same form and substance as those contained in this Agreement.

10.5 Survival. The obligations under this Article 10 survive the expiration or termination of this Agreement.

ARTICLE 11 — INSURANCE

11.1 Required Coverage. Before commencing performance under this Agreement, and at all times this Agreement is effective, the Concessionaire shall procure and maintain the following insurance with limits no less than those set forth below:

Type of Insurance Minimum Limits
Commercial general liability $1,000,000
Liquor liability $1,000,000
Business automobile liability $1,000,000
Workers' compensation Statutory requirement

11.2 Commercial General Liability. Commercial general liability insurance shall meet or exceed the requirements of ISO-CGL Form No. CG 00 01 11 85 or 88. The amount of insurance shall be a combined single limit per occurrence for bodily injury, personal injury, and property damage. Automobile coverage shall be written on ISO Business Auto Coverage Form CA 00 01 06 92, including symbol 1 (Any Auto). Liability policies shall be endorsed to name the City, its officials, and employees as "additional insureds" and to state that such insurance is "primary," such that any other insurance carried by the City is excess. Such endorsement shall be reflected on ISO Form No. CG 20 10 11 85 or 88, or equivalent. Such insurance shall be on an "occurrence," not a "claims made," basis and shall not be cancelable or subject to reduction except upon thirty (30) days' prior written notice to the City.

11.3 Liquor Liability. Liquor liability coverage shall be on an "occurrence" basis if available, or on a "claims made" basis if not. When coverage is provided on a claims-made basis, the Concessionaire shall continue to renew the insurance for at least three (3) years after this Agreement expires or is terminated, with the same coverage and limits as the policy in effect during the Term.

11.4 Certificates and Insurers. The Concessionaire shall furnish the City with duly authenticated Certificates of Insurance evidencing the required coverage, including all required amendatory endorsements and a copy of the Declarations and Endorsement Page of the CGL policy, before work begins. The City may require full certified copies of all coverage and endorsements. Insurance shall be placed with California-admitted insurers with a current A.M.

Best Company rating of at least "A: VII" (other than workers' compensation).

11.5 Waiver of Subrogation. The insurer(s) shall waive all rights of subrogation against the City and its elected or appointed officers, officials, agents, volunteers, and employees for losses paid under the workers' compensation policy arising from work performed by the Concessionaire for the City.

11.6 Failure to Maintain. If the Concessionaire fails to obtain or maintain the required insurance, the City may obtain such coverage at the Concessionaire's expense and deduct the cost from amounts due to the Concessionaire, or terminate this Agreement under Article 12. In the alternative, if the Concessionaire fails to meet any insurance requirement, the City may terminate this Agreement immediately with no penalty.

11.7 Cancellation. If the Concessionaire's required insurance is cancelled before its expiration, the Concessionaire shall notify the City within twenty-four (24) hours of receiving notice of cancellation and shall obtain replacement coverage meeting all requirements within ten (10) days of the prior insurer's issuance of the notice of cancellation, ensuring no lapse in coverage.

11.8 Excess Coverage. The City is entitled to the benefit of any coverage in excess of the minimums required, and all coverage and limits carried by or available to the Concessionaire shall be available to the City. The insurance obligations under this Agreement are the greater of (a) all coverage and limits carried by or available to the Concessionaire, or (b) the minimum requirements set forth in this Article.

ARTICLE 12 — DEFAULT, TERMINATION, AND REMEDIES

12.1 Termination by the City for Convenience. Consistent with the RFP, the City may terminate this Agreement, with or without cause, at any time and without penalty, upon written notice to the Concessionaire. Upon such termination, the Concessionaire shall cease operations by the effective date stated in the notice, and the City shall have no liability except for amounts properly due for the period before termination.

12.2 Events of Default by the Concessionaire. Each of the following is an event of default: (a) failure to pay any Concession Fee or other amount when due, continuing for five (5) business days after written notice; (b) failure to obtain or maintain any required license, permit, or insurance; (c) failure to perform any other material obligation under this Agreement, continuing for ten (10) days after written notice (or, if the failure cannot reasonably be cured within ten (10) days, failure to commence and diligently pursue cure); (d) abandonment or cessation of operations without the City's consent; or (e) the Concessionaire's insolvency, assignment for the benefit of creditors, or filing of a bankruptcy petition.

12.3 Remedies. Upon an event of default, the City may, in addition to termination and any other remedy available at law or in equity, suspend the concession privileges, obtain substitute performance at the Concessionaire's expense, and recover all resulting damages and costs, including reasonable attorneys' fees.

12.4 Surrender. Upon expiration or termination, the Concessionaire shall peaceably surrender the Premises and Equipment to the City in good condition, ordinary wear and tear excepted, remove its POS system and personal property, and cooperate in the transfer or surrender of the beer and wine license so that it remains with the facility.

12.5 No Waiver. The City's exercise of, or failure to exercise, any remedy does not waive any other remedy or any subsequent default.

12.6 No Relocation Assistance or Goodwill. The Concessionaire acknowledges and agrees that this Agreement grants only a concession and license, that no landlord-tenant relationship or interest in real property is created, and that upon any expiration or termination of this Agreement, including any termination by the City for convenience or for cause, the Concessionaire shall not be entitled to, and the City shall have no obligation to pay, any relocation assistance, relocation benefits, moving expenses, business goodwill, lost profits, or any similar payment, compensation, or damages, whether under statute, regulation, or common law. The Concessionaire waives, to the fullest extent permitted by law, any and all claims to such assistance, compensation, or damages.

ARTICLE 13 — ASSIGNMENT AND SUBCONTRACTORS

13.1 No Assignment. The Concessionaire shall not assign, transfer, or encumber this Agreement or any concession privilege, or permit any other person to operate the concession, without the City's prior written consent, which the City may grant or withhold in its sole discretion. Any purported transfer without consent is void.

13.2 Subcontractors. The Concessionaire shall identify to the City any subcontractor performing work valued in excess of one-half of one percent (0.5%) of the total contract value or $10,000, whichever is greater, including the subcontractor's name, address, telephone number, scope of work, and dollar value. The Concessionaire remains fully responsible for the acts and omissions of its subcontractors and shall cause each subcontractor to comply with the indemnity and insurance flow-down requirements of Sections 10.4 and 11.

ARTICLE 14 — INDEPENDENT CONTRACTOR;

RELATIONSHIP OF PARTIES

14.1 Independent Contractor. The Concessionaire is an independent contractor and not an agent, employee, partner, or joint venturer of the City. The Concessionaire is solely responsible for its employees, including wages, benefits, taxes, and compliance with all employment laws.

14.2 No Third-Party Beneficiaries. Except for the Indemnitees under Article 10, this Agreement is for the sole benefit of the Parties and creates no rights in any third party.

ARTICLE 15 - GENERAL PROVISIONS

15.1 Notices. All notices shall be in writing and delivered personally, by recognized overnight courier, or by certified mail, return receipt requested, to:

To the City: City of Santa Clarita, RCS - Administration, Attn: Regina Andrade, 23920 Valencia Blvd., Ste. 295, Santa Clarita, CA 91355-2196.

To the Concessionaire:

15.2 Governing Law; Venue. This Agreement is governed by the laws of the State of California. Venue for any action lies in the state or federal courts located in Los Angeles County, California.

15.3 Entire Agreement. This Agreement, together with its Exhibits and the incorporated RFP requirements, constitutes the entire agreement between the Parties and supersedes all prior negotiations and understandings. In the event of a conflict, this Agreement controls over the

15.4 Amendment. This Agreement may be amended only by a written instrument signed by both Parties.

15.5 Severability. If any provision is held invalid, the remaining provisions remain in full force and effect.

15.6 Compliance with Public Records Law. The Concessionaire acknowledges that the City is subject to the California Public Records Act and that records submitted to the City may be subject to disclosure.

15.7 Force Majeure. Neither Party is liable for any delay or failure to perform its obligations under this Agreement (other than payment obligations) to the extent caused by an event or circumstance beyond its reasonable control (a "Force Majeure Event"), including, acts of God; fire, flood, earthquake, storm, or other natural disaster; epidemic, pandemic, or public health emergency; war, invasion, hostilities, act of terrorism, or civil unrest; riot, strike, lockout, or other labor dispute; governmental order, law, or action; embargo; or failure or interruption of utilities, telecommunications, or transportation. The affected Party shall not be entitled to any relief under this Section unless it gives the other Party written notice of the Force Majeure Event within ten (10) days after the occurrence of the event, and the affected Party shall use commercially reasonable efforts to mitigate the effects of the Force Majeure Event and to resume full performance as promptly as practicable.

5.8 Counterparts. This Agreement may be executed in counterparts, including by electroni ignature, each of which is an original and all of which constitute one instrument

15.9 Authority. Each person signing represents that he or she is authorized to bind the Party for whom he or she signs.

CITY OF SANTA CLARITA
By: Name: Title:

Date:

APPROVED AS TO FORM:

By: _City Attorney

CONCESSIONAIRE
[Legal Name]
By: _ Name: _ _Title:

Date:

EXHIBITS
• Exhibit A — Premises Floor Plans (The Rink and The Wheel); Renderings and Site Images
Exhibit B — Equipment Inventory
••. Exhibit C— Approved Operating Hours and Rink Schedule Exhibit D — Approved Menus and Catering Menus and Pricing Exhibit E — Staffing Plan, Marketing Plan, and Cleaning and Maintenance Plans

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