HomeMy WebLinkAboutOmni La Costa Resort & Spa; 2024-01-03;Omni Standard Letter of Agreement – Carlsbad Holiday Breakfast 2024
Date of Issuance: January 3, 2024
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Catering Office Phone: 760-929-6330 Catering Office Fax: 760-438-9007
LETTER OF AGREEMENT
Wednesday, January 03, 2024
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, January 03, 2024.
GENERAL INFORMATION:
Prepared for: Sue Armstrong Prepared by: Omni La Costa Resort & Spa
Title: Administrative Assistant Name of Event: Carlsbad Holiday Breakfast 2024
Company Name: City of Carlsbad Event Dates: Tuesday, December 17, 2024
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., 12/17/24 5:30 AM 6:30 AM Client Setup Costa Del Sol Ballroom Rounds 450
Tue., 12/17/24 5:30 AM 10:00 AM Color Guard Green Room Costa Del Sol Office I Office 10
Tue., 12/17/24 6:30 AM 10:00 AM Breakfast Buffet Costa Del Sol Ballroom Rounds 450
CUSTOM BREAKFAST MENU
CUSTOM BREAKFAST BUFFET - $29++ 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 $12,000 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 product 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
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.
DocuSign Envelope ID: 86C74A24-0D74-4EF1-AA98-461C6E09304F
Doc ID: 20240105173230874
Sertifi Electronic Signature
Omni Standard Letter of Agreement – Carlsbad Holiday Breakfast 2024
Date of Issuance: January 3, 2024
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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.
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 Tuesday, January 9, 2024 $6,000.00
Second Payment Wednesday, September 18, 2024 $6,697.50
Third Payment Friday, November 1, 2024 $6,697.50
Final Payment Tuesday, December 3, 2024 Remaining balance of final estimate
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: 86C74A24-0D74-4EF1-AA98-461C6E09304F
Doc ID: 20240105173230874
Sertifi Electronic Signature
Omni Standard Letter of Agreement – Carlsbad Holiday Breakfast 2024
Date of Issuance: January 3, 2024
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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 and 9/18/2024 50 % of Banquet Minimum and Room Rental or
payments received at time of cancellation $6,000.00
Cancellation
between 9/19/2024 and 11/17/2024 75% of Banquet Minimum and Room Rental or
payments received at time of cancellation $9,000.00
Cancellation
between 11/18/2024 and 12/3/2024 100% of Banquet Minimum and Room Rental
or payments received at time of cancellation $12,000.00
Cancellation
between 12/4/2024 and 12/17/2024 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
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
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
DocuSign Envelope ID: 86C74A24-0D74-4EF1-AA98-461C6E09304F
Doc ID: 20240105173230874
Sertifi Electronic Signature
Omni Standard Letter of Agreement – Carlsbad Holiday Breakfast 2024
Date of Issuance: January 3, 2024
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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
1/9/2024. 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 1/9/2024, 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
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 and Conference Services Director of Sales & Marketing
Signature: ______________________________ Signature: ______________________________
Date: ________________________________ Date: __________________________________
Kristina Ray
Communication & Engagement Director
APPROVED AS TO FORM:
_______________________________________
CINDIE K. McMAHON
City Attorney
Date:
DocuSign Envelope ID: 86C74A24-0D74-4EF1-AA98-461C6E09304F
1/5/2024 1/5/2024
01/06/202401/05/2024
DocID: 20240105173230874
IP: 75.39.176.214michelle.zwirek@omnihotels.com
Michelle Zwirek
01/06/2024 11:59 AM PSTE-Signed :
Sertifi Electronic Signature
DocID: 20240105173230874
IP: 70.167.176.10stephanie.tourial@omnihotels.com
Stephanie Tourial
01/05/2024 03:45 PM PSTE-Signed :
Sertifi Electronic Signature
Doc ID: 20240105173230874
Sertifi Electronic Signature
Group Name:
Date:
Catering Manager:
Audio-Visual Price Qty.Total
Pinnacle Live contract TBD -$ 1 -$
-$
-$
Food and Beverages Price Qty.Total
Food & beverage minimum 12,000.00$ 1 12,000.00$
12,000.00$
3,000.00$
1,162.50$
16,162.50$
16,162.50$
3,232.50$
-$
19,395.00$
ESTIMATE OF CHARGES
SALES TAX (7.75%)
SERVICE CHARGE (25%)
SUBTOTAL
Jenna Nickl-Jones
12/17/2024
THIS IS AN ESTIMATE ONLY AND MAY CHANGE BASED ON YOUR NEEDS AND EVENT OUTCOME
Carlsbad Holiday Breakfast 2024
*20% IS COLLECTED BASED ON THE FINAL ESTIMATE TO COVER ANY UNEXPECTED ADDITIONS DURING THE EVENT. IF THERE ARE
NO ADDITIONS MADE, THE 20% EVENT OVERAGE IS RETURNED TO YOU AFTER THE BILL IS RECONCILED.
*20% CONTINGENCY
DEPOSITS PAID
REMAINING BALANCE
GRAND TOTAL
INCLUSIVE TOTAL
DocuSign Envelope ID: 86C74A24-0D74-4EF1-AA98-461C6E09304F
Doc ID: 20240105173230874
Sertifi Electronic Signature