HomeMy WebLinkAboutPrimo Nosh Chefs LLC - 2019-02-19 l✓yYT^
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City of Huntington Beach
File #: 19-169 MEETING DATE: 2/19/2019
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A. Wilson, City Manager
PREPARED BY: Kellee Fritzal, Deputy Director of Economic Development
Subiect:
Approve and authorize execution of a Lease Agreement between the City of Huntington Beach
and Primo Nosh Chefs LLC, for operation of food concessions at the Huntington Beach
Sports Complex
Statement of Issue:
The City Council is asked to approve a five-year Lease Agreement, between the City of Huntington
Beach and Primo Nosh Chefs LLC, for operation of two concession buildings located at the
Huntington Beach Sports Complex, with an option to extend for up to one additional five-year term.
Financial Impact:
The proposed lease agreement will result in rent for the Sports Complex Concessions. The Operator
will pay the greater of minimum rent or a percentage of gross revenue. Per year, the operator will pay
a minimum rent of$15,000, which shall be deposited in Account No. 10000100.43150. The lease will
be adjusted by the annual increase in the Consumer Price Index each year. Additional percentage
revenues may be realized based on the formula presented below. In the first year of the Agreement,
gross revenues would need to exceed $150,000 in order for the Operator to pay more than the
minimum rent amount of$15,000.
Recommended Action:
A) Approve the "Lease Agreement Between the City of Huntington Beach and Primo Nosh Chefs
LLC, For Operation of a Food Concession at the Huntington Beach Sport Complex;" and,
B) Authorize City Manager to execute the Agreement and other related documents.
Alternative Action(s):
Do not approve the lease agreement and direct staff accordingly
Analysis:
In September of 2018, the City released a RFP for the operation of the Sports Complex Concession
City of Huntington Beach Page 1 of 2 Printed on 2/13/2019
powereA6 Legistarl"
File #: 19-169 MEETING DATE: 2/19/2019
Stands. The City received three proposals which were reviewed by staff from the Office of Business
Development and Community Services. The top two respondents were interviewed. Based upon the
proposal and background experience, Primo Nosh Chefs were selected to serve as the new operator
of the concession stands. Primo Nosh has significant experience operating concession stands and
has worked with other public agencies such as Golden West College and the Orange County
Sheriff's Department. The Economic Development Committee (EDC) reviewed the results of the RFP
and are in support of the agreement.
The proposed Lease Agreement with Primo Nosh contains the following terms and conditions:
• Five-year term with one five-year extension;
• 100 minimum days open;
• Lessee responsible for utility charges;
• Lessee will provide custodial maintenance of restrooms during business hours;
• Lessee shall keep and maintain a point-of-sale system and accurate books and records;
• Operator shall maintain all concession signage in good appearance at all times; and,
• Concession services shall be provided in a manner to meet the needs of the visiting public
with the highest customer service standards.
The rent generated by the lease agreement consists of a minimum rent of $1,250 per month
($15,000 per year) and a monthly percentage share of the sales conducted on the premises. The
percentage share is as follows:
Sales Volume (Per Lease Year) Percentage Rent
$0 - $100,000 8%
$100,000.01 - $150,000 10%
Over $150,000 12%
Environmental Status:
Not applicable
Strategic Plan Goal:
Strengthen economic and financial sustainabiiity
Attachment(s):
1. "Lease Agreement Between the City of Huntington Beach and Primo Nosh Chefs LLC, For
Operation of a Food Concession at the Huntington Beach Sport Complex"
City of Huntington Beach Page 2 of 2 Printed on 2/13/2019
powered LegistarTIO
LEASE AGREEMENT BETWEEN THE
CITY OF HUNTINGTON BEACH
AND
PRIMO NOSH CHEFS LLC, FOR OPERATION OF A FOOD CONCESSION AT THE
HUNTINGTON BEACH SPORT COMPLEX
This Lease is made and entered into by and between the CITY OF HUNTINGTON
BEACH, a municipal corporation of the State of California ("CITY") and PRIMO NOSH
CHEFS, LLC, ("LESSEE," and collectively, the "PARTIES,") as of the date the Huntington
Beach City Council approves this Lease.
NOW, THEREFORE, the PARTIES covenant and agree as follows:
1. DESCRIPTION OF PREMISES. CITY hereby leases to LESSEE the two
food concession buildings with restrooms, together comprising 1,500 square feet, located within
the Huntington Beach Sports Complex, located at 18260 Goldenwest Street, Huntington Beach,
CA 92648. The Premises are identified on Exhibit A, attached hereto.
2. LEASE TERM. This Lease shall be for a term of five (5) years commencing
at 12:01 a.m. on rz�j&qAy /9, 2019 and ending at 11:59 p.m. onk y g 2024, unless sooner
terminated or extended as herein provided.
3. EXTENSION OF TERM. This Lease may be extended for one (1) additional
period of five (5) years, by mutual agreement of the PARTIES. If the PARTIES agree to an
extension, this Lease shall be subject to the same terms, covenants, conditions, exceptions, and
reservations contained herein.
4. HOLD OVER. Should LESSEE hold over and continue in possession of the
Premises after expiration of the terms of this Lease or any extension thereof, LESSEE's
continued occupancy of the Premises shall be considered a month-to-month tenancy subject to
all the terms and conditions of this Lease.
5. ANNUAL RENT.
(a) Minimum Base Rent. For the first year of this Lease, LESSEE
shall pay CITY as minimum rent for the Premises ("Minimum Base Rent") the sum of Fifteen
Thousand Dollars ($15,000) per year, plus any increases provided for in Sub-Paragraph"(b)"
below. Rent shall be paid in lawful money of the United States of America, without deduction or
offset, at Huntington Beach City Hall, City Treasurer, 2000 Main Street, Huntington Beach CA,
92648, or the place CITY may designate in writing. LESSEE shall pay CITY each month One
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Thousand Two Hundred Fifty Dollars ($1,250), which is one-twelfth of the Minimum Base Rent.
Should monthly payments for Minimum Base Rent be required for any partial month pursuant to
any provision of the Lease, such Rent shall be prorated in accordance with the actual number of
days in the month in which such proration occurs.
(b) Adjustment of Minimum Base Rent. Commencing on the first
anniversary of this Lease, and each anniversary thereafter ("the Rent Adjustment Date"),the
Minimum Base Rent shall be adjusted by the annual increase in the Consumer Price Index
published by the Bureau of Labor Statistics, United States Department of Labor, for the Los
Angeles-Long Beach-Anaheim, CPI-U, as available for the prior one-year period from October 1
through September 30. In no event shall the Minimum Base Rent be decreased from the
previous year.
(c) Percentage Rent. In alternative to the Minimum Base Rent, each
month LESSEE shall pay CITY a sum ("Percentage Rent") equal to the amount that the product
of the percentage rate set forth in this paragraph multiplied by the cumulative Gross Sales at the
Premises through that month of the Operational Year exceeds the Minimum Annual Rent owed
for the same month. LESSEE shall pay CITY Percentage Rent according to the following annual
Gross Sales percentages:
Sales Volume Percentage Rate
Gross Sales from $0 to $100,000.00 8%
Gross Sales above $100,000.01 to $150,000. 10%
Gross Sales above $150,000.01 12%
The "Operational Year" is a one-year period ending December 31. For purposes of
computing the Percentage Rent for any partial Operational Year at the beginning or end of the
Lease Term or any extension thereof,the volume of Gross Sales for that period shall be adjusted
pro rata to the number of months in that partial Operational Year to determine the Percentage
Rent to utilize.
Example: When gross sales equals $300,000 during the Operational Year, the Percentage
Rent is as follows:
8% of $100,000 = $ 8,000
10% of $50,000 = $ 2,500
12% of $150,000 = $15,000
Total = $25,500
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Additional Rent Due in Excess of$15 000 Minimum Annual Rent is $10,500.
(d) Rent Abatement. Both the Minimum Base Rent and Percentage Rent
shall be abated for the first four(4) calendar months of the first year of this Lease.
Consequently, the Percentage Rent for the first partial or full Operational Year shall be
determined without including as part of Gross Sales the first four (4) months of the Operational
Year.
(e) Monthly Rent. Each month, LESSEE shall pay CITY the Minimum Base
Rent or the Percentage Rent, whichever is greater. LESSEE shall furnish to CITY statements of
LESSEE's Gross Sales within Fifteen(15) days after the end of each month. Based upon the
cumulative Gross Sales reported through that month of the Operational Year, LESSEE shall pay
within fifteen(15) days after the end of the month the Minimum Base Rent or Percentage Rent,
whichever is greater. An officer of LESSEE shall sign and certify as correct each monthly
Statement of Gross Sales.
(f) Late Charge. In the event that CITY does not receive the monthly rent on
or before the Fifteen(15) days after the end of each month, a late charge of one and one-half
percent (1.5%) of the monthly rent due shall be added beginning Twenty (20) Days after the end
of the month, with an additional late charge of one and one-half percent (1.5%) of the original
monthly rent due on the Twentieth(20th) day of each subsequent month. If received after the
Fifteenth (15th) Day, but postmarked on or before the Fifteenth (15th),the monthly rent will be
accepted without penalty.
(g) Records and Audit.
(i) Annual Statement. LESSEE shall provide CITY an annual
statement of Gross Sales within fifteen(15) days after the end of each Operational Year.
(ii) Sales and Charges. LESSEE shall record all sales and charges by
cash.registers that display the amount of the transaction certifying the amount recorded. The
register shall be equipped with devices which log in daily sales totals, and which shall record on
tapes the transaction numbers and sales details. At the end of each day, the tape will record the
total sales for that day.
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(iii) Production of Statement. Records and Audit. LESSEE shall
make available for CITY inspection at the Premises a complete and accurate set of LESSEE's
and any sub-lessee's books and records of all sales of merchandise and revenue derived from the
conduct of business at the Premises from which Gross Sales can be determined and all
supporting sales records, including without limitation all federal and state tax returns. LESSEE
shall also furnish CITY copies of LESSEE's quarterly California sales and use returns at the time
each is filed with the State of California.
LESSEE further agrees that it will keep, retain and preserve for at least
two (2) years all records, books, bankbooks or duplicate deposit books and other evidence of
Gross Sales.
CITY shall have the right, upon reasonable notice, during the Lease Term
and any extension thereof, and within two (2) years after Expiration or Termination of this Lease
to inspect and audit LESSEE's books and records and to make transcripts therefrom to verify the
payment due CITY. The CITY may conduct the audit at any reasonable time during normal
business hours in a manner that minimizes any interference with the conduct of LESSEE's
regular business operations. LESSEE shall cooperate with CITY in making the inspection and
audit.
CITY shall also be entitled, once during each Operational Year, and once
within two (2) years after Expiration or Termination of the Lease, to an independent audit of
LESSEE's books of account, records, cash receipts, and other pertinent data to determine
LESSEE's Gross Sales, by a certified public accountant to be designated by CITY, at CITY's sole
cost and expense. The audit shall be limited to the determination of Gross Sales and shall be
conducted during usual business
If either audit shows a deficiency in the payment of any Percentage Rent,
the deficiency shall become immediately due and payable and if there is an overpayment, CITY
shall immediately refund the amount of the overpayment to LESSEE. CITY shall bear its costs
of the audit unless the audit shows that LESSEE understated Gross Sales by more than five
percent (5%), in which case LESSEE shall pay all CITY's reasonable costs of the audit.
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(iv) LESSEE's Gross Sales Audit. LESSEE may contest the results of
CITY's audit by performing a confirmatory audit within thirty (30) days of receipt of CITY's
audit results and supporting evidence,using an independent public accountant reasonably
acceptable to CITY. If LESSEE's audit discloses that CITY's audit was incorrect by more than
five percent (5%), then CITY shall pay the cost of such audit and shall pay the cost of CITY's
audit.
(v) Acceptance. The acceptance by CITY of any monies paid to
CITY by LESSEE as Percentage Rent for the Premises, as shown by any statement furnished by
LESSEE, shall not be construed as an admission of the accuracy of said statement, or of the
sufficiency of the amount of said Percentage Rent payment, but CITY shall be entitled to review
the adequacy of such payment pursuant to the above-described audit procedure.
6. GROSS SALES DEFINED. The term "Gross Sales" shall mean the total
selling price of all merchandise or services sold or rendered in,or property rented on,or from
the Premises by LESSEE,his sublessees, licensees, or concessionaires, whether for cash or
on credit, and if on credit whether or not paid, and shall include without limitation:
(a) Proceeds from all automatic vending, weighing, and other
machines owned and operated by LESSEE in or on the Premises;
(b) Commissions received by LESSEE from such automatic vending,
weighing, and other machines not owned by LESSEE but operated in or on the
Premises;
(c) All other receipts of all business conducted in, at or from the
Premises, including all deposits not refunded to purchasers, proceeds, receipts or
any revenue derived whatsoever from the use of Premises;
(d) Proceeds from sales based on orders solicited or taken from, in,
or on the Premises for merchandise or services to be delivered or rendered off,
or from sources outside, the Premises; and
(e) All other revenue or receipts generated by or arising from the use
of the Premises.
7. GROSS SALES EXCLUSIONS. Notwithstanding the provisions of Section
6 of this Lease,the term "Gross Sales" shall not include the following items, and such items
may be deducted from"Gross Sales"to the extent they have been included therein or have
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been included in a prior computation of"Gross Sales"on which Rent has been paid under
this Lease to CITY:
(a) Any sales or use taxes imposed on the sale or rent of food,
merchandise, or services that are added to the sales price collected from customers; and
(b) Any transfer of merchandise from the Premises to the
manufacturer or supplier from whom it was,obtained by LESSEE.
8. BOOKS AND RECORDS. LESSEE shall at all times keep or cause to be
kept on the Premises full,complete, and accurate records and books of account showing the
total amount of Gross Sales as defined in this Lease made each calendar month in, on or
from the Premises. Furthermore, LESSEE shall at the time of sale and in the presence of the
customer cause the full selling price of each piece of merchandise and each service rendered
in, on, or from the Premises to be recorded in a cash register or cash registers that have
cumulative totals and are sealed in a manner approved by CITY. LESSEE agrees to maintain
on the Premises for a period of three (3) years following the close.of each calendar month all
records and books of account and all cash register tapes showing or in any way pertaining to
the Gross Sales made in, or from the Premises during such calendar month.
9. CAPITAL INFRASTRUCTURE CREDIT. LESSEE may request that CITY
provide a temporary rent credit to offset the cost of capital improvements to the Premises,provided
that CITY retains unfettered discretion to deny any credit.
10. BUSINESS PURPOSES AND USE OF PREMISES. The Premises are leased
for the purpose of operation of two Sports Park food and beverage facilities offering a menu
comparable to Exhibit B, including use of food carts. Any material alteration of the menu shall
be approved by CITY.
At all times, LESSEE shall comply with the following requirements:
(a) LESSEE, at its sole cost and expense shall equip, operate, manage, and
maintain the Premises in good safe working condition. LESSEE shall meter the Premises for
electrical usage and will pay the utility company directly for electricity used in LESSEE's
operation.
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(b) LESSEE shall operate the Premises for a minimum of"100
Operational Days" during the calendar year, provided the LESSEE may close for up to
ten(10) verified rain days. In no case shall the Premises be operating for less than 90
Operational Days per year. An Operational Day is defined as the Premises being open
for business a minimum of four (4) consecutive hours.
(c) At all times LESSEE shall comply with all CITY, Orange County, State
and Federal laws and regulations, including but not limited to those regarding building permits,
health permits and environmental regulations.
(d) Because food and beverage services offered at the Premises shall meet the
changing needs of the visiting public, CITY may require LESSEE to make changes to better
meet such needs.
(e) LESSEE shall be responsible for obtaining CITY approval of, and
providing appropriate signage for the Premises. LESSEE shall maintain all signage in good
appearance at all times during the life of this LEASE. CITY shall have the right to approve or
require LESSEE to change or remove signs or any other advertising on the premises.
(f) LESSEE will routinely clean and provide limited custodial maintenance of
the restrooms, with hand, soap and paper supplies provided by CITY.
(g) CITY reserves the right to prohibit the sale of any item or article
which is objectionable or beyond the scope of the food and beverage necessary for
proper service to the public or public safety. LESSEE shall fix the prices for the food
and merchandise sold at the Premises, provided that CITY reserves the right to establish
reasonable maximum prices for any or all items LESSEE sells in accordance with the
best interests of the public, LESSEE, and CITY.
(h) Except as permitted in advance in writing by CITY, LESSEE shall
sell all foods and beverages in disposable paper or plastic containers, and in no case sell
or dispense pull-top cans or Styrofoam containers. Lessee,wherever feasible, shall
eliminate the use of non-recyclable containers and plastics. CITY may from time to time
review the items sold and containers or utensils LESSEE uses or dispenses, and prohibit
the sale or use of non-recyclable containers or plastics.
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(i) LESSEE shall not sell beer, wine or other alcoholic beverage from
the Premises.
0) CITY has and may enter into in the future, agreements with
businesses marketing food, beverage, apparel and products (collectively, "Vendors")
requiring CITY to use and/or sell their products exclusively at CITY parks, beaches and
facilities. CITY shall notify LESSEE of such exclusivity agreements, including which
products LESSEE may not sell or rent. Once notified, LESSEE shall remove any
products from the Premises that CITY may not use or sell pursuant to its exclusivity
agreements.
11. PAYMENT OF UTILITY CHARGES. During the term of this Lease or any
extension thereof, LESSEE shall pay, and hold CITY and the Premises free and harmless from
all charges for the furnishing of gas, water, electricity,telephone services, and other public
utilities to the Premises, and for the removal of garbage and rubbish from the Premises.
12. PERSONAL PROPERTY TAXES. LESSEE shall pay before they become
delinquent all taxes, assessments, or other charges levied or imposed by any governmental
entity on the furniture, trade fixtures, appliances, and other personal property placed by
LESSEE in, on, or about the Premises including, without limiting the generality of the other
terms used in this Section,anyshelves, counters,vaults, vault doors,wall safes,partitions,
fixtures,machinery, plant equipment, office equipment, television or radio antennas, or
communication equipment brought on the Premises by LESSEE.
13. REAL PROPERTY TAXES. LESSEE shall timely pay all real property taxes
or possessory interest taxes and assessments levied or assessed against the Premises.
14. MAINTENANCE AND REPAIRS.
A. CITY agrees, at its own cost and expense, to make all structural repairs to the
Premises including but not limited to foundation, walls, and roof. LESSEE shall notify CITY of
necessary repairs, which CITY will commence promptly. In the event City does not commence
such work within 30 days from the date of such notice and complete it within a reasonable time
thereafter given the nature and extent of the repair, CITY agrees that LESSEE may accomplish
such repairs, and CITY will promptly reimburse LESSEE for the repairs.
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B. CITY shall have the right to enter the Premises at all reasonable times (and at any
time during an emergency) for the purpose of inspecting the Premises or to make any repairs
CITY is required to be make pursuant to this Lease. Structural repairs as used in this Section
means and is limited to repairs (other than replacement of worn-out parts) to the foundations,
structural portions of exterior walls, concrete slabs, beams, columns and walls bearing the main
load of the roof and floors,but excluding floor covering and any improvements, additions, or
changes, structural or otherwise,made by LESSEE.
C. LESSEE agrees that it will, at its own cost and expense, make all repairs of
whatever kind and nature, foreseen and unforeseen, to keep the Premises in good condition, other
than the repairs to be performed by CITY pursuant to the preceding Subparagraph A. "Premises"
as used in this Subparagraph includes heating, ventilating, air conditioning, interior walls, floor
coverings and ceilings, painting and maintenance of exterior walls,the interior and exterior
portions of all doors, windows, and plate glass.
D. LESSEE shall maintain and operate the Premises pursuant to a Food Facility
Health Permit issued by the Orange County Environmental Health Agency. At all times, the
Premises shall be maintained, equipped and operated in compliance with State and County health
regulations, CITY Building and Fire Codes, and the disability access provisions of the Federal
Americans with Disabilities Act.
15. ALTERATIONS AND LIENS. LESSEE shall not make or permit any other
person to make any improvement or install-any fixture to the Premises without first obtaining
written consent of CITY. LESSEE shall keep the Premises free and clear from any and all liens,
claims, and demands for work performed, materials furnished, or operations conducted on such
Premises at the instance or request of LESSEE. Furthermore, to the extent CITY consents to any
improvement or fixture to the Premises, on expiration or sooner termination of this Lease, and at
the option of CITY, the improvement or fixture shall become the property of CITY and remain
on the Premises, or CITY may require LESSEE to remove any or all such improvement or
fixture and require LESSEE to restore the Premises to their state at the beginning of this Lease.
16. INSPECTION BY CITY. LESSEE shall permit CITY or CITY's agents,
representatives, or employees to enter the Premises at all reasonable times for the purpose of
inspecting the Premises to determine whether LESSEE is complying with the terms of this
Lease and for the purpose of doing other lawful acts that may be necessary to protect CITY's
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interest in the Premises under this Lease or to perform CITY's duties under this Lease. CITY
may make quarterly inspections of the Premises and provide written reports to LESSEE.
LESSEE shall make necessary repairs, clean or take any other reasonable action as required by
quarterly inspection reports.
17. SURRENDER OF PREMISES. On expiration or sooner termination of this
Lease, or any extensions or renewals of this Lease, LESSEE shall promptly surrender and deliver
the Premises to CITY in as good condition as they are now at the date of this Lease, reasonable
wear and tear, and repairs required to be made by CITY excepted.
18. INSTALLATION AND REMOVAL OF TRADE FIXTURES. LESSEE shall
have the right during the term of this Lease and any renewal or extension of its term, at
LESSEE's sole cost and expense, to install and affix in, to or on the Premises such items, herein
called"trade fixtures," for use in LESSEE's trade or business as LESSEE may, in his sole
discretion, deem advisable. Any and all such trade fixtures that can be removed without
structural damage to the Premises or any building or improvements on the Premises shall, subject
to Section 20 of this Lease, remain the property of the LESSEE and may be removed by
LESSEE at any time prior to the expiration or sooner termination of this Lease.
19. TRADE FIXTURES AS SECURITY FOR LEASE. Subject to and to be
subordinated to any security interest which LESSEE may give to any lending institution and/or
financing source for the purpose of obtaining financing for the purchase of trade fixtures and
equipment or the operation of the Premises, LESSEE hereby grants to CITY a security interest in
all trade fixtures and equipment owned by LESSEE and now or hereafter placed on the Premises
by LESSEE as security for the faithful performance of all the terms, conditions and covenants of
this Lease to be performed by LESSEE. Any rights or rights of removal of trade fixtures given
LESSEE by the provisions of Section 18 of this Lease shall be exercisable only if, at the time of
removal, LESSEE is not in default in performance of this Lease. LESSEE may, however, at any
time he is not in default in performance of this Lease, trade in or replace any trade fixture free of
the security interest created by this Section and this security interest will then attach to the item
that replaced such trade fixture. On default in performance of any obligation of this Lease to be
performed by LESSEE, CITY shall immediately have as to the trade fixtures the remedies
provided to a secured party under the Uniform Commercial Code as enacted in the State of
California.
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20. UNREMOVED TRADE FIXTURES. Any trade fixtures described in Section
18 that are not removed from the Premises by LESSEE within thirty (30)days after the
expiration or sooner termination, regardless of cause, of this Lease shall be deemed abandoned
by LESSEE and shall automatically become the property of CITY as owner of the Premises to
which they are affixed and not simply because of the lien described in Section 19 of this Lease.
21. SIGNS. LESSEE shall not place and maintain, nor permit any other person to
place or maintain, on or in any exterior door,wall, or window of the Premises any sign,awning,
canopy,marquee, or other advertising without the express written consent and approval of CITY.
Furthermore, LESSEE shall not place any decoration, lettering, or advertising matter on the glass
of any interior or exterior shop window of the Premises without the written approval and consent
of CITY. Should'CITY consent to any such sign, awning, canopy,marquee, decoration, or
advertising matter, LESSEE shall maintain it at all times during this Lease in good appearance
and repair. On expiration or sooner termination of this Lease, any of the items mentioned in
this Section not removed from the Premises by LESSEE on such expiration or termination of
this Lease may,without damage or liability,be destroyed by CITY.
22. PARTIAL DESTRUCTION. Should the Premises be partially destroyed by
any cause not the fault of LESSEE or any person in or about the Premises with the consent,
express or implied, of LESSEE, this Lease shall continue in full force and effect and CITY, at
CITY's own cost and expense, shall promptly commence and diligently continue and
complete the work of repairing and restoring the Premises to their prior condition providing
such work can be accomplished under all applicable governmental laws and regulations
within one hundred eighty (180) working days.
23. TOTAL DESTRUCTION. Should the Premises or the building on the Premises
be so far destroyed by any cause not the fault of LESSEE or any person in or about the Premises
with the consent, express or implied, of LESSEE that they cannot be repaired or restored to their
former condition within one-hundred eighty (180) working days, CITY may, at CITY's option:
(a) Continue this Lease in full force and effect by repairing and restoring, at
CITY's own cost and expense, the Premises to their former condition; or
(b) Terminate this Lease by giving LESSEE written notice of such
termination.
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24. INSURANCE PROCEEDS. Any insurance proceeds received by CITY
because of the total or partial destruction of the Premises or the building on the Premises shall be
the sole property of CITY, except LESSEE shall be compensated for loss to leasehold
improvements and fixtures beyond any and all insurance proceeds including business
interruption insurance which would ordinarily flow to the benefit of LESSEE.
25. ABATEMENT OF RENT. Should CITY elect under Section 23 of this Lease
or be required under Section 22 of this Lease to repair and restore the Premises to their former
condition following partial or full destruction of the Premises or the building on the Premises:
(a) CITY shall have full right to enter the Premises and take
possession of so much of the Premises, including the whole of the Premises, as may be
reasonably necessary to enable CITY promptly and efficiently to carry out the work of
repair and restoration; and
(b) During the time that LESSEE is prevented from using the whole of
the Premises, LESSEE shall only pay the Minimum Rent,but not the Percentage Rent
described in Section 6 of this Lease.
26. CONDEMNATION COMPENSATION. All compensation and damages
awarded for a total taking of the Premises shall belong to and be the sole property of CITY,
and LESSEE shall have no claim to any amount or part of any award, except that LESSEE
shall be entitled to receive the portion of any award attributable to the taking of those trade
fixtures that LESSEE has the right to remove under this Lease but does not remove from the
Premises; or when LESSEE does remove the trade fixtures, a reasonable amount for removal
and relocation expenses, provided that amount does not exceed the market value of or damages
to which LESSEE may became entitled. This Lease shall have no condemnation value to
LESSEE.
27. DEFAULT AND TERMINATION
(a) Default Defined. The occurrence of any of the following shall constitute
a material default and breach of this lease by LESSEE:
(i) Any failure by LESSEE to pay the rent or to make any other
payment required to be made by LESSEE under this Lease when that failure continues for ten
(10) days after written notice of the failure is given by CITY to LESSEE.
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(ii) The abandonment or vacation of the Premises by LESSEE, or the
failure by LESSEE to conduct business on the Premises for a period in excess of fourteen (14)
consecutive days without prior approval of the CITY.
(iii) A failure by LESSEE to observe and perform any other provision
of this Lease, when that failure continues for thirty (30) days after CITY has given written notice
of the failure to LESSEE; provided, however, that if the nature of that default is such that it
cannot reasonably be cured within a thirty (30) day period, LESSEE shall not be deemed to be in
default if LESSEE commences that cure within the thirty ('10) day period and thereafter
diligently prosecutes it to completion.
(iv) The making by LESSEE of any general assignment for the benefit
of creditors; the filing by or against LESSEE of a petition to have LESSEE adjudged a bankrupt
or of a petition for reorganization or arrangement under any law relating to bankruptcy (unless,
in the case of a petition filed against LESSEE, it is dismissed within 60 days); the appointment of
a trustee or receiver to take possession of substantially all of LESSEE's assets located at the
Premises or of LESSEE's interest in-this Lease, when possession is not restored to LESSEE
within 30 days; or the attachment, execution, or other judicial seizure of substantially all of
LESSEE's assets located at the Premises or of LESSEE's interest in this Lease, when that seizure
is not discharged within 30 days.
The notices provided for in subsections (a)through(c) of this Section 27 are not intended
to replace, but rather are in addition to, any required statutory notices for unlawful detainer
proceedings under Code of Civil Procedure Section 1161 et seq.
(b) Termination of Lease and Recovery of Damages. In the event of any
default by LESSEE under this lease, in addition to any other remedies available to CITY at law
or in equity, CITY shall have the right to terminate this Lease and all rights of LESSEE
hereunder by giving written notice of the termination.No act of CITY shall be construed as
terminating this Lease except written notice given by CITY to LESSEE advising LESSEE that
CITY elects to terminate the Lease. In the event CITY elects to terminate this lease, pursuant to
Civil Code §1951.2, CITY may recover from LESSEE:
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(i) The worth at the time of award of any unpaid rent that had been
earned at the time of termination of this Lease;
(ii) The worth at the time of award of the amount by which the unpaid
rent that would have been earned after termination of this Lease until the time of award exceeds
the amount of rental loss that LESSEE proves could have been reasonably avoided;
(iii) The worth at the time of award of the amount by which the unpaid
rent for the balance of the term of this Lease after the time of award exceeds the amount of rental
loss that LESSEE proves could be reasonably avoided; and
(iv) Any other amount necessary to compensate CITY for all detriment
proximately caused by LESSEE's failure to perform its obligations under this Lease.
The term"rent" as used in this Lease shall mean the Minimum Rent, the Percentage Rent,
and all other sums required to be paid by LESSEE pursuant to the terms of this lease. As used in
subsections (i), (ii), and (iii) above,the "worth at the time of award" is computed by allowing
interest at the rate of 10 percent per year.
(c) CITY's Right to Continue Lease in Effect After Breach.
(i) If LESSEE breaches this Lease and abandons the Premises before
the natural expiration of the term of this Lease, CITY may continue this Lease in effect by not
terminating LESSEE's right to possession of the Premises, in which event CITY shall be entitled
to enforce all its rights and remedies under this Lease, including the right to recover the rent
specified in this Lease as it becomes due under this Lease.
(ii) No act of CITY, including but not limited to CITY's entry on the
Premises, efforts to relet the Premises, or maintenance of the Premises, shall be construed as an
election to terminate this Lease unless a written notice of that intention is given to LESSEE or
unless the termination of this Lease is decreed by a court of competent jurisdiction.
(d) CITY's Right to Relet. In the event LESSEE breaches this Lease, CITY
may enter on and relet the Premises or any part of the Premises to a third party or third parties for
any term, at any rental, and on any other terms and conditions that CITY in its sole discretion
may deem advisable, and shall have the right to make alterations and repairs to the Premises.
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LESSEE shall be liable for all of CITY's costs in reletting, including but not limited to
remodeling costs required for the reletting. In the event CITY relets the premises, LESSEE shall
pay all rent due under and at the times specified in this Lease, less any amount or amounts
actually received by CITY from the reletting.
(e) CITY's Right to Cure LESSEE Defaults. If, after receipt of the
required notice as provided for in subparagraph(a) above, LESSEE breaches or fails to perform
any of the covenants or provisions of this Lease, CITY may,but shall not be required to, cure
LESSEE's breach. Any sum expended by CITY, with the then maximum legal rate of interest,
shall be reimbursed by LESSEE to CITY with the next due rent payment under this Lease.
(f) Cumulative Remedies. The remedies granted to CITY in this Section
shall not be exclusive but shall be cumulative and in addition to all remedies now or hereafter
allowed by law or provided in this Lease.
(g) Waiver of Breach. The waiver by CITY of any breach by LESSEE of
any of the provisions of this Lease shall not constitute a continuing waiver or a waiver of any
subsequent breach by LESSEE either of the same or another provision of this Lease.
28. SUBLEASING OR ASSIGNING AS BREACH.
(a) LESSEE shall not encumber, assign, or otherwise transfer this Lease, any
right or interest in this Lease, or any right or interest in the Premises or any of the improvements
that may now or hereafter be constructed or installed on the Premises without the express written
consent of CITY first had and obtained. LESSEE shall not sublet the Premises or any part
thereof or allow any other person, other than LESSEE's agents, servants, and employees, to
occupy the Premises or any part thereof without the prior written consent of CITY.
(b) CITY consent to one assignment, subletting, or occupation
of the Premises by another person shall not be deemed to be a consent to any subsequent
assignment, subletting, or occupation of the Premises by another person. Any encumbrance,
assignment,transfer, or subletting without the prior written consent of CITY,whether it be
voluntary or involuntary, by operation of law or otherwise, is void and shall, at the option of
CITY,terminate this Lease.
(c) The consent of CITY to any encumbrance, assignment including
occupation or transfer hereof of LESSEE's interest in this Lease or the subletting by LESSEE of
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the Premises or parts of the Premises shall not be unreasonably withheld; however, CITY shall
have the right of first refusal in connection with any assignment, sale, sublease or transfer hereof
and agrees to exercise or refuse such right in writing within thirty (30) days of notice by
LESSEE.
29. DEFAULT BY LESSEE. Should LESSEE default in the performance of any
of the covenants, conditions, or agreements contained in this Lease,LESSEE shall have
breached the Lease and CITY may, in addition to the remedy specified-in the subparagraph
(b) of Section 29 of this Lease, re-enter and regain possession of the Premises in the manner
provided by the laws of unlawful detainer of the State of California then in effect.
30. INSOLVENCY OF LESSEE. The insolvency of LESSEE as evidenced by a
receiver being appointed to take possession of all or substantially all of the property of
LESSEE, or the making of a general assignment for the benefit of creditors by LESSEE, or
filing a petition in bankruptcy shall terminate this Lease and entitle CITY to re-enter and
regain possession of the Premises.
31. CUMULATIVE REMEDIES. The remedies given to CITY in this Lease shall
not be exclusive but shall be cumulative and in addition to all remedies now or hereafter allowed
by law or elsewhere provided in this Lease.
32. WAIVER OF BREACH. The waiver by CITY of any breach by LESSEE of
any of the provisions of this Lease shall not constitute a continuing waiver or a waiver of any
subsequent breach by LESSEE either of the same or another provision of this Lease.
33. FORCE MAJEURE - UNAVOIDABLE DELAYS. Should the performance of
any act required by this Lease to be performed by either CITY or LESSEE be prevented or
delayed by reason of an act of God, strike, lockout, labor troubles, inability to secure
materials, or any other cause of a like nature not the fault of the party required to perform
the act,the time for performance of the act will be extended for a period equivalent to the
period of delay, provided that nothing contained in this Section shall excuse the prompt
payment of Rent by LESSEE as required by this Lease or the performance of any act rendered
difficult solely because of the financial condition of the parry, CITY or LESSEE, required to
perform the act.
34. CARE OF PREMISES. LESSEE shall:
(a) Paint, stain or seal the Premises' stucco, trim, etc., a minimum of
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every two years, unless City determines in its sole discretion, that such work shall be
done once every year. All exterior metal surfaces shall be painted no less than once
each year except the roof.
(b) Remove any and all graffiti at LESSEE's own expense from the
Premises within forty-eight(48)hours of notice thereof.
(c) Not obstruct, cause or permit any obstruction surrounding the
Premises or any part thereof in any manner whatsoever.
(d) Comply with all written notices served by CITY with regard to the
care and maintenance of the Premises.
(e) Install, at LESSEE's sole cost and-expense, a grease trap and
provide for said grease trap to be pumped out a minimum of once per year.
Any written notice CITY gives LESSEEE hereunder shall specify the work to be done,
the estimated cost thereof, and the period of time deemed to be reasonably necessary for
completion of such work. Should LESSEE fail to comply with CITY's written notice within
fifteen(15) days, or within a time deemed reasonably necessary of the time specified therein,
LESSEE shall pay over to CITY the estimated cost of such work as set forth in the notice. Upon
receipt of such sum, CITY shall then proceed to cause the required work to be performed.
35. SECURITY DEPOSIT. Upon execution of this Lease, LESSEE shall pay and
maintain at all times hereunder, a security deposit with CITY in a sum of not less than Two
Thousand Five Hundred Dollars ($2,500.00) to guarantee the repair and maintenance of the
Premises. Such deposit may be in the form of cash or an assignment of certificate of deposit
or savings account. The form of any such assignment shall be approved by the City
Attorney.
36. EMERGENCY CLOSING OR CLOSING TO EFFECT REPAIR OR
REMODELING OF THE SPORTS PARK. CITY may close the Sports Park, including
the Premises without liability to LESSEE at any time it deems necessary for the protection of
life, limb or property, or upon reasonable notice to effect any repair, remodeling or rebuilding
of the Sports Park deemed necessary by CITY.
37. DELIVERIES OF SUPPLIES. CITY shall establish the days and times for
deliveries of supplies, and advise LESSEE in writing thereof. All vendors, salesmen, and
guests of LESSEE must obey all parking and traffic regulations.
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38. EMPLOYEE PARKING. CITY shall provide without additional charge,
reasonable vehicular parking for LESSEE and LESSEE's employees,to access and serve the
Premises. LESSEE and its employees must obey all parking and traffic regulations.
39. NOTICE. Any written notice, given under the terms of this Lease, shall be either
delivered personally or mailed, certified mail, postage prepaid, addressed to the party concerned,
as follows:
CITY OF HUNTINGTON BEACH: LESSEE:
Deputy Director of Economic Development Primo Nosh Chefs, LLC
City of Huntington Beach Attn: John Parlagreco/Victor Vargas
2000 Main Street, P.O. Box 190 Huntington 15941 Edwards Avenue
Beach, CA 92648 Huntington Beach, CA 92647
40. INSURANCE HAZARDS. LESSEE shall not commit or permit the commission
of any acts on the Premises nor use or permit the use of the Premises in any manner that will
increase the existing rates for, or cause the cancellation of any fire, liability, or other insurance
policy insuring the Premises or the improvements on the Premises. LESSEE shall, at his own
cost and expense, comply with any and all requirements of CITY's insurance carriers necessary
for the continued maintenance at reasonable rates of fire and liability insurance policies on the
Premises and the improvements on the Premises.
41. WASTE OR NUISANCE. LESSEE shall not commit or permit the commission
by others of any waste on the Premises; LESSEE shall not maintain, commit, or permit the
maintenance or commission of any nuisance as defined in Section 3479 of the California Civil
Code on the Premises; and LESSEE shall not use or permit the use of the Premises for any
unlawful purpose.
42. COMPLIANCE WITH LAW. LESSEE shall at LESSEE's own cost and
expense comply with all statutes, ordinances, regulations, and requirements of all governmental
entities, Federal, State, County and municipal, relating to LESSEE's use and occupancy of the
Premises, whether such statutes, ordinances, regulations, and requirements be now in force or
hereinafter enacted. The judgment of any court of competent jurisdiction, or the admission by
LESSEE in a proceeding brought against LESSEE by any government entity, that LESSEE has
violated any such statute, ordinance, regulation, or requirement shall be conclusive as between
CITY and LESSEE and shall be ground for termination of this Lease by CITY.
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43. BINDING ON HEIRS AND SUCCESSORS. This Lease shall be binding on
and shall inure to the benefit of the heirs, executors, administrators, successors and assigns of the
Parties.
44. PARTIAL INVALIDITY. Should any a court of competent jurisdiction hold any
provision of this Lease to be invalid, void, or unenforceable, the remaining provisions of this
Lease shall remain in fall force and effect unimpaired by the holding, so long as the reasonable
expectations of the Parties are not materially impaired.
45. SOLE AND ONLY AGREEMENT. This instrument constitutes the sole and
only agreement between CITY and LESSEE respecting the Premises, the leasing of the Premises
to LESSEE, or the term herein specified, and correctly sets forth the obligations of CITY and
LESSEE to each other as of its date. Any agreements or representations respecting the Premises
or their leasing by CITY to LESSEE not expressly set forth in this Lease are null and void.
46. TIME OF ESSENCE. Time is expressly declared to be the essence of this
Lease.
47. INDEMNIFICATION, DEFENSE, HOLD HARMLESS. LESSEE shall
indemnify and save and hold harmless CITY,its officers and employees, from any and all
liability, including any claim of liability and any and all losses or costs arising out of the
performance of this Lease by LESSEE, its officers or employees or from any willful
misconduct of LESSEE, its officers or employees while engaged in the performance of this
Lease.
48. WORKERS' COMPENSATION. LESSEE shall comply with all of the
provisions of the Workers' Compensation Insurance and Safety Acts of the State of California,
the applicable provisions of Division 4 and 5 of the California Labor Code and all amendments
thereto; and all similar State or Federal acts or laws applicable; and shall indemnify, defend and
hold harmless CITY from and against all claims, demands, payments, suits, actions, proceedings
and judgments of every nature and description, including attorney's fees and costs presented,
brought or recovered against CITY, for or on account of any liability under any of said acts
which may be incurred by reason of any work to be performed by LESSEE under this Lease.
LESSEE shall obtain and furnish evidence to CITY of maintenance of statutory workers'
compensation insurance and employers' liability'in an amount of not less than $500,000 bodily
injury by accident, each accident, $500,000 bodily injury by disease, each employee, and
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$1,000,000 bodily injury by disease, policy limit.
49. INSURANCE. In addition to the Workers' Compensation insurance and
LESSEE's covenant to indemnify CITY, LESSEE shall obtain and furnish to CITY the
following insurance policies covering the Premises:
(a) General Liability Insurance. A policy of general public liability
insurance, including motor vehicle coverage. Said policy shall indemnify LESSEE, its
officers, agents and employees, while acting within the scope of their duties, against
any and all claims arising out of or in connection with the Premises, and shall provide
coverage in not less than the following amount: combined single limit bodily injury and
property damage, including products/completed operations liability and blanket
contractual liability of$1,000,000 per occurrence. If coverage is provided under a form
that includes a designated general aggregate limit,the aggregate limit must be no less
than One Million Dollars ($1,000,000) for this Lease. Said policy shall name CITY, its
officers and employees as Additional Insureds and shall specifically provide that any
other insurance coverage which may be applicable to the Premises shall be deemed
excess coverage and that LESSEE's insurance shall be primary and non-contributory
with any other valid and collectible insurance or self-insurance available to CITY. Any
available insurance proceeds in excess of the minimum coverage amount specified herein
shall be available to CITY. All coverage available to LESSEE shall also be available to
CITY. Under no circumstances shall said above-mentioned insurance contain a self-
insured retention without the express written consent of CITY; however, an insurance
policy"deductible" of$5,000.00 is permitted.
(b) Fire Insurance. In order that the business of LESSEE and the
Gross Sales of LESSEE as defined in this Lease may continue with as little interruption
as possible, LESSEE shall, during the full term of this Lease and any renewals or
extensions thereof, maintain as LESSEE's own cost and expense an insurance policy
issued by a reputable company authorized to conduct insurance business in California
insuring for their fall insurable value all fixtures and equipment and,to the extent
possible, all merchandise that is, at any time during the term of this Lease or any renewal
or extension thereof, in or on the premises against damage or destruction by fire,theft, or
the elements.
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LESSEE shall also maintain in force during the entire term of this Lease, a standard
broad form fire insurance policy in which CITY is named and which any and all losses are made
payable to CITY. The face amount of the policy shall be for ninety (90)percent of the
replacement value of the Premises, and be in a form acceptable to the City Attorney.
50. NONDISCRIMINATION. LESSEE agrees not to discriminate against any
person or class of persons by reason of sex, age,race, color, creed, physical handicap, or
national origin in employment practices and in the activities conducted pursuant to this Lease, in
accordance with Government Code § 12940 and the Unruh Civil Rights Act, at Section 51, et
seq. of the California Civil Code.
51. ATTORNEY'S FEES. In the event suit is brought by either party to enforce the
terms and provisions of this Lease or to secure the performance hereof, each party shall bear its
own attorney's fees.
IN WITNESS WHEREOF, the Parties hereto have caused this Lease to be executed by
and through their authorized officers on the day, month and year first above written.
LESSEE: CITY OF HUNTINGTON BEACH,
PRIMO NO REFS, LLC a California municipal corporation of the
State of California
By: ?PRD AS TO RM:
ITS: IRCLE ONE)
Chairman/Pr ice President
eyBy:
ITS: (CIRCLE ONE) D AND APPROVED:
Chairman/President/Vice President
Deputy irector of Ec omic Development
REVIEWED AND APPROVED
*Cier
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Exhibit A
Attachment 1
Concessions Map within the Huntington Beach Sports Complex
CONCESSION B ... . �#
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Exhibit B
-'' SPORTS GRILL & CONCESSIONS
Burgers
Includes Fries or Chips and 1 Canned Drink
Hamburger 6.00
Y.Pound Angus Burger,Sliced Tomatoes,Onion,Shredded Lettuce,Thousand Island Dressing
Cheeseburger 6.50
X Pound Angus Burger,Sliced Tomatoes,American Cheese,Onion,Shredded Lettuce,Thousand Island Dressing
Double Cheeseburger 7.50
Two X Pound Angus Burger,Sliced Tomatoes,American Cheese,Onion,Shredded Lettuce,Thousand Island Dressing
Bacon Cheeseburger 7.50
X Pound Angus Burger,Sliced Tomatoes,American Cheese,Bacon,Onion,Shredded Lettuce,Thousand Island Dressing
Cowboy Burger 7.50
X Pound Angus Burger,BBQ Sauce,Onion Ring,American Cheese,Bacon
Veggie Burger 6.50
Veggie Patty,Sliced Tomatoes,Onion,Shredded Lettuce,Thousand Island Dressing
Pastrami Burger 7.50
X Pound Angus Burger,Pastrami,Swiss Cheese,Sliced Tomatoes,Onion,Shredded Lettuce,Mayo,Mustard
Mushroom and swiss Burger 7.50
X Pound Angus Burger,Sliced Tomatoes,Grilled Mushroom&Onion,Shredded Lettuce,Thousand Island Dressing
Gourmet Hot Dogs
Includes Fries or Chips and 1 Canned Drink
Regular Dog 6.00
100%Beef Hebrew Giant Hot Dog
LA Street Dog 7.50
100%Beef Hebrew Giant Hot Dog,Bacon Wrap,Bell Peppers,Grilled Onions
Chill Cheese Dog 7.50
100%Beef Hebrew Giant Hot Dog,chili,Melted Cheddar Cheese and diced onions
Pastrami Dog 7.50
100%Beef Hebrew Giant Hot Dog,Sliced Pastrami,Melted Cheddar Cheese
Veggie Vegan Dog 6.00
100%Vegan Hot Dog,Shredded Lettuce,Diced Tomatoes,Chopped Onions
SPORTS GRILL & CONCESSIONS
Hot Sandwiches
Sandwiches Include Chips and 1 Canned Drink
Meatball Sub 7.00
Beef Meatballs,Marinera,Mozzarella,Sprinkle Romano Cheese
Chicken Parmesan 7.00
Chicken parmesan,Marinera,Mozzarella,Sprinkle Romano Cheese
Sausage and Peppers 7.00
Sautee Sausage&Peppers,Mozzarella,Sprinkle Romano Cheese
Pastrami 7.00
Sliced Pastrami melted swiss mayo mustard and pickles
Philly cheese steak 7.00
Sirloin steak Sautee peppers and onions melted cheese
Vegie Melt 7.00
provolone,cheddar and mozzarella cheese shredded lettuce tomatoes,onions and mayo
Cold Subs
Includes fries or chips and can drink
Nam&Swiss 7.00
Sliced ham,swiss cheese,shredded lettuce tomatoes,and onions,mayo and mustard
Turkey and Cheese 7.00
Sliced turkey,cheese,shredded lettuce,tomatoes,and onions,mayo and mustard
Turkey Club
Sliced turkey,ham,bacon,shredded lettuce,tomatoes,onions,mayo and honey mustard 7.00
Tuna
Tuna,shredded lettuce,tomatoes,onions,and mayo 7.00
Roast beef
Roast beef,cheese,shredded lettuce,tomatoes,onions,mayo and mustard 7.00
Veggie
Provolone,cheddar and mozzarella cheese shredded lettuce,tomatoes,cucumbers,onions and Italian dressing 7.00
SPORTS GRILL & CONCESSIONS
Pizza and Italian Cravings
Cheese Pizza 6.00
Pizza Sauce,Mozzarella
Pepperoni 7.00
Pizza Sauce,Mozzarella,Pepperoni
Works 7.00
Pizza Sauce,Mozzarella,Pepperoni,Italian Sausage,Bell Peppers,Onions,Mushroom,Black Olives
Hot Hawaiian 7.00
Ham,Pineapple,Jalapenos
Veggie 7.00
Bell Peppers,Mushrooms,Olives,Onions,Mozzarella,Tomatoes
Stromboli's 7.00
Pepperoni,Salami,Ham,Mozzarella
All Meat Lovers Rolled Pocket 7.00
Pepperoni,Salami,Ham,Sausage,Mozzarella
Spinach Stuffed Rolled Pocket 7.00
Spinach,Ricotta,Mozzarella&Romano Cheese
Chicken and Broccoli Rolled Pocket 7.00
Grilled Chicken,Broccoli,Ricotta&Mozzarella
Kid's Menu
Chicken Fingers(3) $3.00
Homemade Macaroni&Cheese $4.00
GoGo Squeeze Apple Sauces(or similar) $2.00
Yogurt Squeezers(assorted) $1.00
Fresh Apples,Bananas,Oranges(each) $1.00
Infant Cereal PUFFS-such as Gerber Graduates or Plum Organic Puffs $4.00
SPORTS GRILL & CONCESSIONS
Snack Bar
Popcorn 1.00
Chips 1.00
Candy Bars 1.00
Ice Cream Treats 1.00
Beverages
Cans of Soda/Sparkling Water(Flavored) 2.50
Gatorade ' 2.50
Bottle Water 1.50
Breakfast Burritos
Burritos Include egg,country potatoes,cheddar and jack cheese $5.00
Choice of Bacon,Sausage,Chorizo or Ham
*PRICES SUBJECT TO CHANGE
City of Huntington Beach
2000 Main Street ♦ Huntington Beach, CA 92648
(714) 536-5227 • www.huntingtonbeachca.gov
Office of the City Clerk
Robin Estanislau, City Clerk
February 25, 2019
Primo Nosh Chefs, LLC
Attn: John Parlagreco/Victor Vargas
15941 Edwards Avenue
Huntington Beach, CA 92647
Dear Messrs. Parlagreco and Vargas:
Enclosed is a copy of the fully executed "Lease Agreement between the City of
Huntington Beach and Primo Nosh Chefs, LLC for Operation of a Food Concession at
the Huntington Beach Sport Complex" approved by the Huntington Beach City Council
on February 19, 2019.
Sincerely,
7�
Robin Estanislau, CMC
City Clerk
RE:ds
Enclosure
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