HomeMy WebLinkAbout2nd Amendment to Longhorn Barbecue Outpost, Inc. Concessionaire AgreementSECOND AMENDMENT TO THE AUBURN GOLF COURSE RESTAURANT
CONCESSIONAIRE AGREEMENT
BETWEEN THE CITY OF AUBURN AND LONGHORN BARBECUE OUTPOST,INC.
THIS AMENDMENT is made and entered into this day of k1Z-JL4-
2021, by and between the CITY OF AUBURN, a municipal corporation of the State of
Washington (the"City"), and LONGHORN BARBECUE OUTPOST,INC. (the
Concessionaire"), as an amendment to the Concessionaire Agreement between the parties dated
the 20th day of April, 2015.
RECITALS:
1. On April 20, 2015 and authorized by RES 5142, the City entered into a
Concessionaire Agreement with Longhorn Barbeque Outpost,Inc.for the exclusive
restaurant, lounge, catering, and other food concession rights at the Auburn Golf
Course.
2, Starting on March 11, 2020 and continuing throughout 2020 and into 2021, the
Governor of Washington has restricted social gatherings and has limited the indoor
seating capacity of restaurants in efforts to stop or slow the spreading of COVID19
virus.
3. The social gathering restrictions and limitations on the indoor seating capacity has
had and continues to have profound effects on those businesses subject to the
Governor's orders in their ability to generate revenues and to meet their contractual
obligations, including the payment of rent and other fees.
4. On March 3, 2021, the City and Longhorn Barbeque Outpost, Inc. amended the
Concessionaire Agreement to reflect the restrictions and limitations on the food
concession at the Auburn Golf Course.
5. In response to additional Governor proclamations concerning the coronavirus
pandemic, the parties wish to further amend the Concessionaire Agreement.
NOW THEREFORE in consideration of their mutual covenants, conditions and promises,
the Parties agree as follows:
Subsection"F" in Section III(Concession Fees and Payments)is amended to read as follows:
F". Beginning January 1, 2021 and during anytime the State of Washington has imposed
restrictions on indoor restaurant dining or the size of gatherings/events related to the COVID-
19 pandemic, rent shall be reduced to the following:
Nu Cuiwessiuu lees will 'ue due dui"lug thhuse then hs when induct dining fu
restaurants is restricted to less than 50%of the indoor dining capacity.
ii) Concession Fees will be charged at 50%of the then current rate for those months
when indoor dining for restaurants is allowed at 50%or greater,but less than
Second Amendment to the Concessionaire Agreement between COA &Longhorn BBQ Outpost. Inc.
Page 1 of 4
100%, of the indoor dining capacity-1 tifi-sp ial. eri t`et1
f -e to l re4=tan 4 eeple.
iii) Concession Fees will resume to 100%of the then current rate at such time as
indoor dining capacity has resumed..to.100%0 of the indoor dining capacity and
restriction on large gathering/events has been lifted or gatherings/events
containing more than 100 people is permitted.
For each of the three categories, Concession Fees will be prorated on a per diem basis for those
months where restrictions on indoors seating or large gatherings/events apply to a only a portion
of a month. Leasehold excise tax shall apply to Concession Fee amounts described in this
section, and this section shall not alter the Concessionaire's obligation to pay utility charges as
stated herein. "
SIGNATURES ON THE FOLLOWING PAGES]
Second Amendment to the Concessionaire Agreement between COA &Longhorn BBQ Outpost,Inc.
Page 2 of 4
Dated and Signed on this ' day of 4 1 2021
Li g corn 3 arbecue Outpost,Inc.
D , Title
1\kiNv-t-r ttq_nr 'g...., Z, c-<<
STATE OF WASHINGTON )
ss;
County of
14 I Y1
The undersigned Notary Public hereby+cet ` es 'l hat on this ! ,lay of ti/` I ;.
2011 personally appeared before me et, A. A c k...1-41.ame
title),to me known to be the individual(s)described in
and who executed the within instrument,and acknowledged that he/she signed and sealed the same
as his/her free and voluntary act and deed,for the purposes and uses therein mentioned,and on
oath stated that helshe was duly authorized to execute said document on behalf of
1., 6f i" cv 04 ox-- arc
i
In Witness Whereof I have hereunto set my hand and affixed my official seal the day and
year first above written.
q
ter..:. p- - . - 4u+. y.. Notary Public in and,for the State.:ofWashington,
Ve4‘c' z..-
Residing at.____Pt4 ail'"
rt
j• ii,/ .7'j 34)
ttr p
l ll,
yA"`;,"` My commission expires
Dated and Signed on this I. daY of - /i i 2019
Second Amendment to the Concessionaire Agreement between COA&Longhorn BBQ Outpost,Inc.
Page3of4
City of Auburn
Mayor: NBackus
Approved as to form:
City Kendra Comeau
STATE OF WASHINGTON )
ss.
County of nol
The undersigned Notary Public here.y certifies:That on this' day
r*
of J4I 1
202- personally Rppeare0 befo - se I h , 1 NA name),
11 to me( own to be the individual(s)described in
and who ex -cu-uted the within instrument,and acknowledged that he/she signed and sealed the same
as his/her free and voluntary act and deed, for the purposes and uses therein mentioned,and on
oa stated that e/s e was dulyulauthorized to execute said document on behalf of
U C
In Witness Whereof I have hereunto set my hand and affixed my officiil sealthe day and
year first above written.
WA -
pNN MA 14 Notary Public inan for.theA t of Washington,
4. ..;SOON u
l i,.C/'/ Residing at tj\.-1..w,
My commission expires v / b o9-2---
NA i %B1.‘' 0 z-*
17)
z 4.. z.
jiii, Op WAS````=
11111 _
Second Amendment to the Concessionaire Agreement between COA &Longhorn BBQ Outpost,Inc.
Page 4 of 4
S