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HomeMy WebLinkAboutOmni La Costa Resort & Spa; 2026-03-12;Omni Standard Letter of Agreement – Carlsbad Holiday Breakfast 2026 Date of Issuance: March 11, 2026 Page 1 of 4 Catering Office Phone: 760-929-6330 Catering Office Fax: 760-438-9007 LETTER OF AGREEMENT Wednesday, March 11, 2026 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. This is a Letter of Agreement (“Agreement”) between City of Carlsbad (“Group”) and Omni Hotels Management Corporation as operator of Omni La Costa Resort & Spa (“Resort”), dated Wednesday, March 11, 2026. GENERAL INFORMATION: Prepared for: Amy Ventetuolo; Cindie K. McMahon Prepared by: Omni La Costa Resort & Spa Title: Communication & Engagement Director Name of Event: Carlsbad Holiday Breakfast 2026 Company Name: City of Carlsbad Event Dates: Tuesday, December 15, 2026 Address: 1200 Carlsbad Village Dr Catering Sales Manager: Kristen Prigatano City, State, Zip: Carlsbad, CA 92008 Phone: (760) 438-9111 Phone: (760) 434-2920 Fax: (760) 438-9007 E-Mail: jen.vannostrad@carlsbadca.gov E-Mail: kristen.prigatano@omnihotels.com EVENT DETAILS Date Start Time End Time Function Room Setup Agr Tue., 12/15/26 5:30 AM 6:30 AM Client Setup Costa Del Sol Ballroom Rounds of 8 400 Tue., 12/15/26 5:30 AM 10:00 AM Color Guard Green Room Costa Del Sol Office I Office 10 Tue., 12/15/26 6:30 AM 10:00 AM Breakfast Buffet Costa Del Sol Ballroom Rounds of 8 400 CUSTOM BREAKFAST BUFFET - $36++ PER PERSON Soft scrambled eggs Daily breakfast potato Bacon Sausage Market seasonal fruit and berries Assorted seasonal danishes, croissants, and muffins Orange juice Coffee & tea BUFFET CONCESSIONS • Omni La Costa will provide one date change in the month of December 30 days in advance of group arrival based on availability • Early setup the day prior to event will be offered 7 days in advance of groups arrival based on availability 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. This Food & Beverage discount is based on the Resort’s ability to plan events and purchase products in a timely manner. All menus must be finalized 30-days prior to the Group’s arrival date and cover (attendee) counts/guarantees must be received 72- 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 Docusign Envelope ID: DEF4D2AA-BF57-41B2-B85B-4E187DA098CB Doc ID: 20260316112854015 Sertifi Electronic Signature UMNI LA COSTA I I Omni La Costa Letter of Agreement – Carlsbad Holiday Breakfast 2026 Date of Issuance: March 11, 2026 Page 2 of 4 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. 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 locations, approval must be received from the Resort’s Catering Manager. 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, March 16, 2026 $6,000.00 Second Payment Monday, September 21, 2026 $6,697.50 Third Payment Tuesday, November 3, 2026 $6,697.50 Final Payment Thursday, December 3, 2026 Remaining balance of final estimate + 20% contingency 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. Docusign Envelope ID: DEF4D2AA-BF57-41B2-B85B-4E187DA098CB Doc ID: 20260316112854015 Sertifi Electronic Signature e (D Encrypt-Only -This message is encrypted. Omni La Costa Letter of Agreement – Carlsbad Holiday Breakfast 2026 Date of Issuance: March 11, 2026 Page 3 of 4 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 “Cancellation”) immediately upon such decision. If a Cancellation occurs, charges will apply as follows and will be paid as liquidated damages and not as a penalty. CANCELLTION DATE RANGE LIQUIDATED DAMAGES AMOUNT Cancellation between Date of Contract Signature -- 9/20/2026 50 % of Banquet Minimum and Room Rental or payments received at time of cancellation $6,000.00 Cancellation between 9/21/2026 -- 11/3/2026 75% of Banquet Minimum and Room Rental or payments received at time of cancellation $9,000.00 Cancellation between 11/4/2026 -- 12/3/2026 100% of Banquet Minimum and Room Rental or payments received at time of cancellation $12,000.00 Cancellation between 12/4/2026 -- 12/18/2026 100% of Banquet Minimum and Room Rental plus service charge and taxes Based on final estimate plus contingency 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 the Resort’s alcoholic beverage license) the Resort will require that only Resort servers and bartenders dispense beverages. The Resort’s alcoholic beverage license requires the Resort to (1) request proper identification (photo ID) of any person of questionable age and refuse alcoholic beverage service if the person is either under age or proper identification cannot be produced and (2) refuse alcoholic beverage service to any person who, in the Resort’s judgment, appears intoxicated. 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 Group and all other groups using the Resort’s facilities during the event dates. The Resort and the Group also agree to 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 at no charge. However, should customer requests exceed the Resort’s inventory; rental for requested items will be paid for by the organization. For further requests and information, contact your Catering Manager. INDEMNIFICATION To the extent permitted by law, you agree to indemnify, defend and hold harmless Omni La Costa Resort & Spa and Omni Hotels Management Corporation, and their respective officers, directors, owners, parents, subsidiaries, affiliates, employees and agents against all claims, losses or damages to persons or property, governmental charges or fines, and costs (including reasonable attorney’s fees), arising out of or connected with your function, except that nothing in this indemnification shall require you to indemnify the Resort for that portion of any claim that is finally determined to arise out of the negligence or willful misconduct of the Resort. Subject to the foregoing, Resort will indemnify, defend and hold harmless Group from and against all claims, actions or causes of action, liabilities and costs arising from the negligence or willful misconduct of Resort’s employees in connection with the performance of the obligations hereunder which results in direct physical injury, death or damage to tangible personal property, provided that Group gives prompt notice of the claim to Resort, and provides all reasonable assistance therein. 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 Docusign Envelope ID: DEF4D2AA-BF57-41B2-B85B-4E187DA098CB Doc ID: 20260316112854015 Sertifi Electronic Signature Omni La Costa Letter of Agreement – Carlsbad Holiday Breakfast 2026 Date of Issuance: March 11, 2026 Page 4 of 4 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) imposed gathering restrictions/ordinances or any emergency beyond the parties’ control; any of which render it illegal or impossible to perform their obligations under this Agreement. 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’s execution of this document, the outlined format and dates will be held by the Resort on a first-option basis until Monday, March 16th. If the Group cannot make a commitment prior to that date, the offer will revert to a second option basis or, at the Resort’s 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 Monday, March 16th, or upon Resort’s acceptance of this agreement after such date, it 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 Approved and authorized by City of Carlsbad Name: Cindie K. McMahon Name: Amy Ventetuolo Signature: ________________________________ Signature: ________________________________ Date: ___________________________________ 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 Michelle Zwirek Title: Catering Sales Manager Director of Sales & Marketing Signature: ______________________________ Signature: ______________________________ Date: ________________________________ Date: __________________________________ Docusign Envelope ID: DEF4D2AA-BF57-41B2-B85B-4E187DA098CB 3/12/20263/12/2026 DocID: 20260316112854015 IP: 108.178.132.130kristen.prigatano@omnihotels.com Kristen Prigatano 03/16/2026 09:48 AM PDTE-Signed : Sertifi Electronic Signature DocID: 20260316112854015 IP: 76.80.90.98jim.ries@omnihotels.com James Ries 03/16/2026 09:56 AM PDTE-Signed : Sertifi Electronic Signature Doc ID: 20260316112854015 Sertifi Electronic Signature