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HomeMy WebLinkAboutOmni La Costa Resort & Spa; 2025-01-06;Omni Standard Letter of Agreement Carlsbad Holiday Breakfast 2025 Date of Issuance: January 6, 2025 Page 1 of 4 Catering Office Phone: 760-929-6330 Catering Office Fax: 760-438-9007 LETTER OF AGREEMENT Monday, January 06, 2025 It is with great pleasure that we present the following Letter of Agreement to City of Carlsbad. It is extremely important to our Omni Hotels & Resorts associates that we create a memorable experience for you, your attendees and your organization. Memorable experiences require all aspects of your groups meeting to exceed your expectations. All of our associates understand that if we deliver on our promise, it is likely that you will return and also tell others about your positive experience with Omni Hotels & Resorts. City of Carlsbad Monday, January 06, 2025. GENERAL INFORMATION: Prepared for: Kristina Ray Prepared by: Omni La Costa Resort & Spa Title:Communication & Engagement Director Name of Event: Carlsbad Holiday Breakfast 2025 Company Name: City of Carlsbad Event Dates: Tuesday, December 16, 2025 Address: 1200 Carlsbad Village Dr Catering Sales Manager: Kristen Prigatano City, State, Zip: Carlsbad, CA 92008 Phone: (760) 438-9111 Phone: (760) 434-5352 Fax: (760) 438-9007 E-Mail: sue.armstrong@carlsbadca.gov E-Mail: kristen.prigatano@omnihotels.com EVENT DETAILS Date Start Time End Time Function Room Setup Agr Tue., 12/16/25 5:30 AM 6:30 AM Client Setup Costa Del Sol Ballroom Rounds of 8 400 Tue., 12/16/25 5:30 AM 9:00 AM Color Guard Green Room Costa Del Sol Office I Office 10 Tue., 12/16/25 6:30 AM 9:00 AM Breakfast Buffet Costa Del Sol Ballroom Rounds of 8 400 CUSTOM BREAKFAST BUFFET - $31++ PER PERSON Soft scrambled eggs Daily breakfast potato Bacon Sausage Market seasonal fruit and berries Assorted seasonal danishes, croissants and muffins Orange juice Coffee and tea FOOD AND BEVERAGE PERFORMANCE Based on the expected attendance as listed above, a catering minimum of $12,000 in catered food and beverage purchases, exclusive of prevailing service charge and sales taxes, must be guaranteed due to the amount of space being held for your group. Should the catered food and beverage purchases fall below this minimum; the difference will be charged as additional room rental. All menus must be finalized 30--hours prior to any individual food or beverage functions. Any menus or guarantees that are not finalized within these time frames will not be eligible for the Food & Beverage discount. MEETING ROOM RENTAL Based on the food and beverage usage as indicated in this contract and the other anticipated revenues that will realize from this event, the event space for your program will be provided on a complimentary basis. If additional event space is required after the execution of the agreement, then the Organization will be subject to additional meeting room rental fees. All room rental fees are subject to a 25% service charge. The room rental for the space being held for your group is Waived. Omni Standard Letter of Agreement Carlsbad Holiday Breakfast 2025 Date of Issuance: January 6, 2025 Page 2 of 4 SERVICE CHARGE AND SALES TAXES All menu prices, room rental fees and ceremony fees are subject to 25% a taxable service charge at prevailing rates (currently 7.75%) and applicable state and local taxes (currently 7.75%) subject to change without notice. GUARANTEE POLICY It is necessary that the Catering Department be notified of the exact attendance no later than 10:00 am, PST 3 business days prior to the scheduled function. This number shall constitute a guarantee not subject to reductions, and charges will be made accordingly. The Resort cannot be responsible for the service of more than 5% over the guarantee of functions below 100 guests and 3% over the guarantee of functions 100 and above. If a guarantee is not received at the appropriate time, the Resort will assign a guarantee number equal to the indicated anticipated attendance as noted in this agreement. If attendance is higher than the guarantee given, the actual attendance number may be charged at a premium rate. Final event details must be received by the Catering department no later than 30 days prior to the event. Before publishing event OMNI SELECT PLANNER FOR CATERING PLANNERS For planners who opt-in, membership number and name must be listed. Omni Select Planner rewards, awarded through the Omni Select Guest Program, are available to planners for qualified bookings through the group sales departments of participating Omni Hotels & Resorts. Planner acknowledges that Tier Dollars (Select Guest Status) and Omni Credits (free night credits) have been earned in connection with all applicable contracted event revenue sources, including rooms, banquet and rental purchased under this Agreement, and planner consents to the awarding of such credits to the individual listed below. Credits will be awarded to the designated member account according to the Omni Select Planner and Select Guest program terms and conditions. Member Name Select Guest Membership Number If the Select Guest Membership Number is left blank, Select Planner rewards are forfeited. DEPOSITS REQUIRED Based on the events estimated master account charges, the GROUP agrees to the following advance deposit schedule: Transaction Type Payment Date Payment Amount Initial Payment Monday, January 6, 2025 $6,000.00 Second Payment Wednesday, September 17, 2025 $6,697.50 Third Payment Friday, October 31, 2025 $6,697.50 Final Payment Monday, December 1, 2025 remaining balance of final estimate + 20% A 20% contingency fee is required to cover any additional charges including but not limited to, consumption items, additional attendees, or guestrooms added to master account. At the end of your event, any funds not used will be refunded. An electronic credit card is required to be on file to guarantee all charges. Please anticipate an Authorization Form to be sent to your email address in order to confirm credit card information. WIRE FRAUD ADVISORY: If your Group has a deposit or payment transaction with Omni Hotels & Resorts and you receive an email containing NEW or REVISED wiring instructions, DO NOT respond to the email. Instead, call your account team or relationship manager immediately, using a previously provided phone number or email address, to verify instructions prior to sending funds. DO NOT use any contact information provided in the suspected phishing email! Once requested by you, the Hotel will send specific wiring instructions directly to you in secure email communication noted by this icon and an information advisory indicator, such as: . These instructions will never change. If you are ever in doubt about an email or wiring instructions, please call your account team or relationship manager at the Hotel. The following website www.omnihotels.com may also be used to obtain contact information. CANCELLATION If your group for any reason cancels any event and/or part of this agreement, the Group agrees to provide the Resort with written notice and cancellation payment of any decision to cancel or otherwise essentially abandon the use of the Resort Facilities (a apply as follows and will be paid as liquidated damages and not as a penalty. Omni Standard Letter of Agreement Carlsbad Holiday Breakfast 2025 Date of Issuance: January 6, 2025 Page 3 of 4 DAYS PRIOR TO GROUP ARRIVAL LIQUIDATED DAMAGES AMOUNT Cancellation after date of signature to 09/17/2025 50 % of Banquet Minimum and Room Rental or payments received at time of cancellation $6,000.00 Cancellation between 09/18/2025 to 10/31/2025 75% of Banquet Minimum and Room Rental or payments received at time of cancellation $9,000.00 Cancellation between 11/1/2025 to 12/1/2025 100% of Banquet Minimum and Room Rental or payments received at time of cancellation $12,000.00 Cancellation between 12/02/2025 to 12/16/2025 100% of Banquet Minimum and Room Rental plus service charge and taxes Based on final estimate The cancellation fee will be calculated using the catering minimum as outlined in the contract for any food, beverages and/or room rental. In the event the Resort must initiate collection efforts for a failure to pay the cancellation fees or the group's breach of contract, the Resort is entitled to its attorneys' fees. FOOD & BEVERAGE POLICIES We require that all arrangements for the servicing of food and/or beverage (alcoholic and non-alcoholic) in public rooms, meeting/banquet rooms, guestrooms, and suites be made with the Resort. Due to state law, no food and/or beverage may be brought in or removed from the Resort premises. You must obtain prior approval from us before you bring in any food or non- alcoholic beverages from outside sources. If alcoholic beverages are to be served on the Resort premises (or elsewhere under ic beverage license) the Resort will require that only Resort servers and bartenders dispense beverages. The tionable age and refuse alcoholic beverage service if the person is either under age or proper identification cannot be produced and (2) EVENT SPACE ARRANGEMENTS The Resort reserves the right to request reassigning the space listed on page one under the Event Details to accommodate both the event set up and the expected attendance in the event details listed on page one in this agreement. If the numbers or set up change significantly, the Resort reserves the right to reassign space that is more suitable to the anticipated attendance, with written consent from the Group. If contracted room set up changes within 24 hours of the beginning of the function, an additional labor fee will apply. Should an event run past the agreed upon conclusion time, any overtime wages or other expenses incurred will be the responsibility of the Group. Written consent from the Group will be required prior to any mutually agreed upon event space changes. RESORT INVENTORY Items such as tables, risers, dance floors, stanchions and any other standard Resort equipment will be provided to the customer the organization. For further requests and information, contact your Catering Manager. MUTUAL INDEMNIFICATION cers, directors, parent companies, subsidiaries, affiliates, employees, agents, representatives, successors and permitted assigns (each, rest, awards, penalties, fines, costs, Claims Indemnifying Party hereunder, except to the extent that the Claims are caused by the negligent or willful misconduct of the Indemnified Party (including but not limited to suc The Indemnifying Party shall have control of any such suit, and the Indemnified Party shall cooperate with the Indemnifying Party in connection with its defense at the reasonable expense of the Indemnifying Party. AUXILIARY AIDS Both the Group and the Resort shall be responsible for compliance with the public accommodation requirements of the Americans with Disabilities Act as defined by law. The Resort shall provide, to the extent required by the Act, such auxiliary aids and/or services as may be reasonably requested by Organization, provided that Organization gives reasonable advance written notice to the Resort of such needs. Organization shall be responsible for the cost of any auxiliary aids and services (including engagement of and payment of specialized service providers, such as sign language interpreters), other than those types and quantities typically maintained by the Resort. FORCE MAJEURE The performance of this Letter of Agreement is subject to acts of God, war, government regulations, domestic terrorism, epidemic or pandemic, quarantine, disaster, strikes, civil disorder, curtailment of transportation facilities, government (federal, state or local) ossible to perform their obligations under this Agreement. Omni Standard Letter of Agreement Carlsbad Holiday Breakfast 2025 Date of Issuance: January 6, 2025 Page 4 of 4 In the case of a Force Majeure event, the non-performing party may terminate this Agreement, without liability, upon written notification. In the event of such termination, the group will in good faith, attempt to rebook the same program or a group of similar size within twelve (12) months of official notice of cancellation. ACCEPTANCE Prior to execution by both parties, this document represents an offer by the Resort. Unless the Resort otherwise notifies at any time prior Group execution of this document, the outlined format and dates will be held by the Resort on a first-option basis until 1/6/2025. If the Group option, the arrangements will be released, in which case neither party will have any further obligations. Upon receipt by the Resort of this Agreement prior to 1/6/2025 will be placed on a definite basis and will be binding upon the Group. The Resort and Group have agreed to and have executed this Agreement by their authorized representatives as of the dates indicated below. CHANGES, ADDITIONS, STIPULATIONS, OR LINING OUT Any changes, additions, stipulations, or decisions including corrective lining out by either the Resort or will not be considered agreed to or binding unless such modifications have been initialed or otherwise approved in writing by both parties. SIGNATURES Approved and authorized by City of Carlsbad Name: Kristina Ray Signature: ________________________________ Date: ___________________________________ LC Investment 2010, LLC LC Investment 2010, LLC d/b/a Omni La Costa Resort & Spa d/b/a Omni La Costa Resort & Spa By: Omni Hotels Management Corporation, its agent By: Omni Hotels Management Corporation, its agent Name: Kristen Prigatano Stephanie Tourial Title: Catering Sales Manager Director of Catering & Conference Services Signature: ______________________________ Signature: ______________________________ Date: ________________________________ Date: __________________________________ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or 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 endorsement(s). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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 THISCERTIFICATE 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?(Mandatory in NH) DESCRIPTION OF OPERATIONS belowIf yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION$ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIREDAUTOS ONLY 3/27/2024 Stephens Insurance, LLC 111 Center Street, Suite 100 Little Rock, AR 72201 (501) 377-8502 (501) 537-6038 www.stephensinsurance.com Ted Grace Kathy Jones kathy.jones@stephens.com TRT Holdings, Inc. Omni Hotels Management Corp. 4001 Maple Avenue, Suite 500 Dallas TX 75219 79261986 Modern Building Systems, Inc. P.O. Box 110 9493 Porter Rd S Aumsville OR 97325 Re: Omni La Costa Resort and Spa - CA. Additional insured status afforded to certificate holder where required by written contract. A 2,000,000GL40441164/1/2024 4/1/2025 1,000,000 3 Excluded 3 2,000,000 3 Incl. Liquor Liability 2,000,000 3 Incl. Terrorism 2,000,0003 SIR 1,000,000 A CA6675551 4/1/2024 4/1/2025 3,000,000 3 3 3 SIR 500,000 A XUM4066404 4/1/2024 4/1/2025 8,000,00033 8,000,000Including TRIA 3 25,000 A LDS4044115 4/1/2024 4/1/2025 3See attached notes 1,000,000N 1,000,000 1,000,000 C Texas Non-subscriber Worker's Comp ORNSOL000138-01 10/31/2023 10/31/2024 $1,000,000 Indemnity Per Occurrence Safety National Casualty Corporation A++ XV 15105 3 79261986 | 2024 MASTER LIABILITY CERTIFICATE | Kathy Jones | 3/27/2024 3:03:41 PM (CDT) | Page 1 of 2 ACORD 101 (2008/01) The ACORD name and logo are registered marks of ACORD © 2008 ACORD CORPORATION. All rights reserved. THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER:FORM TITLE: ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE Page of AGENCY CUSTOMER ID: LOC #: AGENCY CARRIER NAIC CODE POLICY NUMBER NAMED INSURED EFFECTIVE DATE: Blanket Additional Insured applies on Primary & Non-contributory basis under the Auto and General Liability per requirement of written contract. Waiver of Subrogation applies under the Auto, General Liability and Workers Comp policies in favor of the Certificate Holder if required in written contract. 30 day Notice of intent to cancel will be provided to the Certificate Holder under the General Liability, Auto Liability and Workers Comp policies on a blanket basis if required in written contract. THE FOLLOWING LOCATIONS ARE NOT INCLUDED ON THIS CERTIFICATE: Boston Seaport-450 Summer St, Boston MA ChampionsGate-1500 Masters Blvd, ChampionsGate FL (Orlando) Atlanta Battery, 2625 Circle 75 Parkway, Atlanta GA Hilton Head-23 Ocean Lane, Hilton Head SC Dallas Convention Center-555 S Lamar, Dallas TX Frisco Silver Star-11 Cowboys Way, Frisco TX Fort Worth (HT Condo Association)-1300 Houston St, Ft. Worth, TX Homestead Water Co--7696 Sam Sneed Hwy, Hot Springs VA but the Hotel is covered in Master Riverfront New Orleans-701 Convention Center Blvd, New Orleans, LA Viking Lakes - 2611 Nordic Way, Eagan MN Canada-all locations Mexico-all locations THE FOLLOWING TEXAS LOCATIONS ARE COVERED UNDER THE TEXAS NON-SUBSCRIBER WORK COMP POLICY ON THIS CERTIFICATE: Maple Hall 4001 Maple Ave Dallas TX Mokara Hotel & Spa 212 West Crockett Street San Antonio TX Frisco Silver Star 11 Cowboys Way Frisco TX Frisco PGA 4341 PGA Parkway Frisco TX La Mansion 112 College Street San Antonio TX Houston Riverway Four Riverway Houston TX Austin Downtown 700 San Jacinto Austin TX Las Colinas 221 East Las Colinas Blvd Irving TX Corpus Christi 900 N Shoreline Dr Corpus Christi TX Barton Creek Resort & Spa 8212 Barton Club Drive Austin TX Fort Worth 1300 Houston Street Ft.Worth TX THE FOLLOWING TEXAS LOCATION IS COVERED UNDER THE SAFETY NATIONAL WORK COMP POLICY: TRT RANCH CORPORATION FM 479 & SH 27, Mountain Home TX Stephens Insurance, LLC TRT Holdings, Inc.Omni Hotels Management Corp.4001 Maple Avenue, Suite 500Dallas TX 75219 25 Certificate of Liability (03/16) ATTACHMENT HOLDER: ADDRESS: Modern Building Systems, Inc. P.O. Box 110 9493 Porter Rd S Aumsville OR 97325 79261986 | 2024 MASTER LIABILITY CERTIFICATE | Kathy Jones | 3/27/2024 3:03:41 PM (CDT) | Page 2 of 2