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HomeMy WebLinkAboutOmni Hotels Management Corporation as operator of Omni La Costa Resort & Spa; 2023-01-16;Omni Standard Letter of Agreement Carlsbad Holiday Breakfast 2023 Date of Issuance: January 16, 2023 Page 1 of 4 Catering Office Phone: 760-929-6330 Catering Office Fax: 760-438-9007 LETTER OF AGREEMENT Monday, January 16, 2023 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 16, 2023. GENERAL INFORMATION: Prepared for: Sue Armstrong Prepared by: Omni La Costa Resort & Spa Title:Administrative Assistant Name of Event: Carlsbad Holiday Breakfast 2023 Company Name: City of Carlsbad Event Dates: Tuesday, December 19, 2023 Address: 1200 Carlsbad Village Dr Catering Sales Manager: Stephanie Tourial City, State, Zip: Carlsbad, CA 92008 Phone: (760) 929-6328 Phone: (760) 434-5352 Fax: (760) 438-9007 E-Mail: sue.armstrong@carlsbadca.gov E-Mail: stephanie.tourial@omnihotels.com EVENT DETAILS Date Start Time End Time Function Room Setup Agr Tue., 12/19/23 5:30 AM 6:30 AM Client Setup Costa Del Sol Ballroom Rounds 450 Tue., 12/19/23 5:30 AM 10:00 AM Color Guard Green Room Costa Del Sol Office I Office 10 Tue., 12/19/23 6:30 AM 10:00 AM Breakfast Buffet Costa Del Sol Ballroom Rounds 450 CUSTOM BREAKFAST MENU CUSTOM BREAKFAST BUFFET - $27++ PER PERSON Soft scrambled eggs Daily breakfast potato Bacon Sausage Chef s selection of pancakes with syrup 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 $12,150 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. manner. 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. 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. DocuSign Envelope ID: 22BE3832-2648-4uM;i9[5F8~4t1u l 'ELS & RESORTS' This is a Letter of Agreement ("Agreement") between operator of Omni La Costa Resort & Spa ("Resort"), dated ("Group") and Omni Hotels Management Corporation as This Food & Beverage discount is based on the Resort's ability to plan events and purchase product in a timely days prior to the Group's arrival date and cover (attendee) counts/guarantees must be received 72 Doc ID: 20230123125126089 Sertifi Electronic Signature I I Omni Standard Letter of Agreement Carlsbad Holiday Breakfast 2023 Date of Issuance: January 16, 2023 Page 2 of 4 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 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 23, 2023 $6,075.00 Second Payment Wednesday, September 20, 2023 $6,781.22 Third Payment Friday, November 3, 2023 $6,781.22 Final Payment Tuesday, December 5, 2023 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. 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 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 and 9/20/2023 50 % of Banquet Minimum and Room Rental or payments received at time of cancellation $6,075.00 Cancellation between 9/21/2023 and 11/20/2023 75% of Banquet Minimum and Room Rental or payments received at time of cancellation $9,112.50 Cancellation between 11/21/2023 and 12/5/2023 100% of Banquet Minimum and Room Rental or payments received at time of cancellation $12,150.00 Cancellation between 12/6/2023 and 12/19/2023 100% of Banquet Minimum and Room Rental plus service charge and taxes Based on final estimate + remaining 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 quire 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 DocuSign Envelope ID: 22BE3832-2648-4E05-89F7-A9F5F8043683 locations, approval must be received from the Resort's Catering Manager. "Cancellation") immediately upon such decision. If a the Resort's alcoholic beverage license) the Resort will re Resort's alcoholic beverage license requires the Resort to (1) request proper identification (photo ID) of any person of ques refuse alcoholic beverage service to any person who, in the Resort's judgment, appears intoxicated. the Group and all other groups using the Resort's facilities during the event dates. The Resort and the Group also agree to Doc ID: 20230123125126089 Sertifi Electronic Signature Omni Standard Letter of Agreement Carlsbad Holiday Breakfast 2023 Date of Issuance: January 16, 2023 Page 3 of 4 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. 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 equire 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 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 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. 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 1/23/23. 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 1/23/23 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. DocuSign Envelope ID: 22BE3832-2648-4E05-89F7-A9F5F8043683 at no charge. However, should customer requests exceed the Resort's inventory; rental for requested items will be paid for by attorney's fees), arising out of or connected with your function, except that nothing in this indemnification shall r action, liabilities and costs arising from the negligence or willful misconduct of Resort's employees in connection with the imposed gathering restrictions/ordinances or any emergency beyond the parties' control; any of which render it illegal or imp 's cannot make a commitment prior to that date, the offer will revert to a second option basis or, at the Resort's Doc ID: 20230123125126089 Sertifi Electronic Signature , or upon Resort's acceptance of this agreement after such date, it Omni Standard Letter of Agreement Carlsbad Holiday Breakfast 2023 Date of Issuance: January 16, 2023 Page 4 of 4 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: Sue Armstrong 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: Stephanie Tourial Michelle Zwirek Title: Director of Catering & Convention Services Director of Sales & Marketing Signature: ______________________________ Signature: ______________________________ Date: ________________________________ Date: __________________________________ DocuSign Envelope ID: 22BE3832-2648-4E05-89F7-A9F5F8043683 Kristina Ray 1/23/2023 E-Signed : 01/26/2023 10: 13 AM PST Stephanie Jouriaf stephanie.tourial@omnihotels.com IP: 70.167.176.10 01/26/2023 Doc ID: 20230123125126089 Sertifi Electronic Signature APPROVED AS TO FORM: CINDIE K. McMAHON, City Attorney 1/23/2023 E-Signed: 01/27/2023 02:14 PM PST atrckfl Zwire[ michelle.zwirek@omnihotels.com IP: 70.167.176.10