HomeMy WebLinkAbout5910RESOLUTION NO. 6910
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO
EXECUTE ON BEHALF OF THE CITY, A LEASE
TERMINATION AGREEMENT FOLLOWED BY A NEW
LEASE AGREEMENT WITH LONGHORN BARBEQUE
OUTPOST, INC., D/B/A BOGEY'S PUBLIC HOUSE
WHEREAS, the City of Auburn ("City") and Longhorn Barbeque Outpost, Inc.,
doing business as Bogey's ("Bogey's") entered into a Concessionaire Agreement dated
April 20t", 2015, for restaurant and banquet space located within the Clubhouse at the
Auburn Municipal Golf Course (the "Golf Course"), which agreement was subsequently
amended on March 3rd, 2021 ("First Amendment"), March 31 st, 2021 ("Second
Amendment"), and again on April 28t", 2022 ("Third Amendment") (collectively the
'Original Lease"); and
WHEREAS, the City and Bogey's desire to terminate the Original Lease and
replace it with this Lease in order to more clearly define and clarify the parties' respective
rights, obligations, and responsibilities; and
WHEREAS, the parties intend that this Lease shall be effective August 1, 2026,
regardless of whether this Lease is executed before or after such date.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, RESOLVES as follows:
Section I. The Mayor is authorized to execute the Termination Agreement
respective of the Original Lease, attached as Exhibit A and execute the new lease
agreement attached as Exhibit B.
Resolution No. 5910
June 3, 2026
Page 1 of 2
Rev. 2026
Section 2. The Mayor is authorized to implement those administrative
procedures necessary to carry out the directives of this Resolution.
Section 3. The City Clerk is authorized to make necessary corrections to this
Resolution including, but not limited to, the correction of scrivener's/clerical errors,
references, Resolution numbering, section/subsection numbers, and any references
thereto.
Section 4. This Resolution will take effect and be in full force on passage and
signatures.
Dated and Signed this V day of August, 2026.
ATTEST:
Shawn Campbell, MMC, City Clerk
Resolution No. 5910
June 3, 2026
Page 2 of 2
CITY OF AUBURN
...
Jason Whalen, City Attorney
Rev. 2026
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LEASE AGREEMENT FOR RESTUARNT SPACE BETWEEN THE CITY OF
AUBURN AND LONGHORN BARBECUE OUTPOST, INC.,
DB/A BOGEY'S PUBLIC HOUSE
THIS LEASE AGREEMENT (the "Lease"), is entered into this
(the "Lease Date") by the City of Auburn, a Washington municipal
corppo ation ("Landlord" or "City") and Longhorn Barbecue Outpost, Inc., a Washington for profit
corporation, d/b/a Bogey's Public House ("Bogey's" or "Tenant"), UBI # 602.270.163.
RECITALS:
1. The City owns and operates the Auburn Municipal Golf Course (the "Golf Course"), located at
29630 Green River Rd. SE, Auburn, WA 98092, King County parcel number 0521059011, which
contains among other things a clubhouse and within the clubhouse built out space for a restaurant,
banquet room, pro -shop, and restrooms; and
2. Landlord and Tenant originally entered into a Concessionaire Agreement for the restaurant and
banquet space dated April 20'', 2015 which was further amended on March P, 2021 ("First
Amendment"), March 31", 2021 ("Second Amendment") and again on April 28th, 2022 ("Third
Amendment"). Collectively the Concessionaire Agreement and amendments are defined as the
"Original Lease"; and
3. Landlord and Tenant each desire to terminate and replace the Original Lease in its entirety with
this Lease, in order to more clearly define and clarify the respective rights, obligations, and
responsibilities of the parties; and
4. The tennination of the Original Lease and acceptance of this Lease is ratified through the
approval of Resolution 5910 of the Auburn City Council,
NOW, THEREFORE, in consideration of their mutual promises set out in this Lease, Bogey's and
the City:
ARTICLE 1: PREMISES LEASED
1.1 Premises. For and in consideration of the Rent and Tenant's performance of the terms,
conditions, and covenants of this Lease, Landlord hereby leases to Tenant, and Tenant hereby
leases from Landlord, for the permissible uses set forth in Article 4, certain portions of the Auburn
Municipal Golf Course Clubhouse (the "Clubhouse"), consisting of the following areas on the
main floor as depicted in Exhibit A-1: the kitchen (Room 101), restaurant seating area (Room
102), banquet room north (Room 103A), banquet room south (Room 103B), banquet storage room
(Room 104), and north screened area (Room 117).
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In addition, Tenant shall have access to and use of the basement areas of the Clubhouse depicted
in Exhibit A-2, consisting of approximately 15 feet by 30 feet of space, including a storage room,
adjacent storage area, and communication closet.
All of the foregoing areas, as depicted in Exhibits A-1 and A-2, collectively constitute the
"Premises."
1.2 Common Areas. As part of Tenant's consideration for Rent and its performance of the
obligations under this Lease, Tenant shall have non-exclusive access to and use of the following
areas (collectively, the "Common Areas"): the lobby (Room 109), common hallways (Rooms 108
and 112), restrooms (Rooms 110 and 111), janitorial closet (Room 113), mechanical/electrical
room (Room 114), verandas (Rooms 115 and 116), patio areas, walkways, trash enclosure, and
parking areas.
1.3 Landlord's Right to Reserve the Banauet Room. Landlord reserves the right to use the
banquet room for up to ten (10) events per calendar year. For each such event, Landlord shall pay
Tenant no fee, charge, or rent for Landlord's use of the room, and Tenant shall not be entitled to
any concession, credit, or offset against Rent. Landlord shall coordinate and schedule such events
with Tenant at least thirty (30) days in advance. If a proposed Landlord event conflicts with a
previously scheduled Tenant event (i.e., an event outside Tenant's normal restaurant operations),
Tenant's event shall control.
ARTICLE 2:
TERM
2.1 Initial Term. The initial term of this Lease (the "Term") shall commence on August 1,
2026 (the "Commencement Date") and expire at 1.1:59 p.m. on October 31, 2029 (the `Expiration
Date"), unless sooner terminated in accordance with this Lease. If Landlord is unable, for any
reason, to deliver possession of the Premises to Tenant on the Commencement Date, Landlord
shall have no liability therefor and this Lease shall not be affected; provided, however; that the
Commencement Date shall be deemed to occur on the date possession is actually delivered to
Tenant, and the Expiration Date shall be adjusted accordingly.
2.2 Extension Oi)tion(s). Provided Tenant is not in default and has faithfully performed all
terms and conditions of this Lease, Landlord hereby grants Tenant an "Extension Option" to extend
the Term of this Lease, for an additional two (2) consecutive years (the "Extension Term"). Should
Tenant elect to exercise the Extension Option, Tenant shall provide Landlord with written notice
thereof (the "Extension Notice") by June 1 prior to the Expiration Date of the then current Term.
The parties shall negotiate in good faith, as provided in Article 3.4, to determine the Rent for the
Extension Term. The Extension Term shall commence immediately upon expiration of the then -
current Term, without interruption.
If Tenant fails to timely submit an Extension Notice, or the parties are unable to agree on Rent for
the Extension Term, this Lease shall expire on the Expiration Date, unless Tenant remains in
possession pursuant to the holdover provisions set forth in Article 15.9.
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2.3 Tenant's Property. Prior to the Expiration Date or immediately upon any earlier
termination of the Term, Tenant shall, at its sole cost and expense, remove all of Tenant's personal
property, equipment, furnishings, inventory, and any other property owned by Tenant
(collectively, "Tenant's Property") from the Premises. Tenant shall repair any damage to the
Premises caused by the removal of Tenant's Property and restore the affected areas to substantially
the same condition existing immediately prior to such removal, reasonable wear and tear excepted.
Subject to applicable Washington law and unless otherwise agreed to in writing by Landlord, any
of Tenant's Property remaining on the Premises more than fourteen (14) days after the expiration
or earlier termination of the Term shall be deemed abandoned and, at Landlord's sole option, may
be retained by Landlord, sold, or otherwise disposed of by Landlord in accordance with applicable
law and without liability to Tenant. Tenant shall reimburse Landlord for all reasonable costs
incurred in removing, storing, selling, or otherwise disposing of any abandoned Tenant Property,
which costs shall constitute Additional Rent due under this Lease.
A list of Tenant's Property as of the Effective Date is attached as Exhibit B for reference.
This Section shall survive the expiration or earlier termination of this Lease.
ARTICLE 3:
RENT
3.1 Rent. Tenant shall pay rent ("Base Rent") in the amounts and in accordance with the
attached Rent Schedule. which includes, for reference, the leasehold excise tax and the amortized
Back Rent and Utilities (each as defined below). Base Rent shall be due and payable in advance
on the first (Ist) day of each calendar month, without notice or demand, and shall be paid to City
of Auburn — Attn: Finance Debartment. 25 W Main Street. Auburn. Washington 98001. or to such
other place as Landlord may designate in writing. All Base Rent shall be paid without offset,
abatement, deduction, or counterclaim. If the Term commences or expires on a date other than the
first or last, day of a calendar month, Base Rent for such partial month shall be prorated on a thirty
(30)-day basis. Base Rent and Additional Rent are collectively defined as Rent.
3.2 Additional Rent. In addition to Base Rent, Tenant shall pay as additional rent
("Additional Rent"):
a) leasehold excise tax imposed by Chapter 82.29A RCW in the amount of 12.84% of the
Base Rent;
b) the sum of $24,294,40 for back utilities and rent (`Back Utilities & Rent"), which shall be
amortized and repaid in thirty-eight (38) equal monthly installments of $639,33; and
c) any other sums or charges that become due and owing from Tenant to Landlord under this
Lease from time to time. The Rent Schedule is intended to reflect the leasehold excise tax
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and the monthly installments of Back Utilities & Rent for convenience only, and shall not
limit Tenant's obligation to pay Additional Rent as required herein.
All Additional Rent shall be due and payable in the same manner and at the same time as Base
Rent, unless otherwise expressly provided herein, and shall be subject to the same terms and
conditions applicable to Base Rent.
Notwithstanding the expiration or earlier termination of this Lease, Tenant shall remain liable for
and shall promptly pay all Additional Rent that accrues or becomes due as a result of Tenant's
obligations under this Lease, whether such Additional Rent is determined before or after the
expiration or earlier termination of the Lease. The parties agree that this obligation shall survive
the expiration or earlier termination of this Lease.
3.3 Late Charges. Tenant acknowledges that late payments of Base Rent, Additional Rent, or
any other sums due will cause the Landlord to incur costs not otherwise contemplated by this
Lease. Accordingly, if any installment of Rent, Additional Rent, or other sum due from Tenant is
not received by the Landlord by the 101h of the month being due, then without any requirement for
notice, Tenant shall pay to Landlord a late charge of five (5%) of the Rent, Additional Rent, or
other sum amount overdue. The parties agree that such late charges represent a fair and reasonable
estimate of the costs the Landlord will incur by reason of late payment. Acceptance of such late
charge by the Landlord shall in no event constitute a waiver of Tenant's default with respect to
such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies
granted hereunder.
In addition to the late charges provided for in this section, any sums of Rent, Additional Rent, and
any other sums due, including late charges, not received by the 1" calendar day of the following
month when due shall accrue interest in the amount of one and one-half percent (1 1/2%) per month
from the original date due until paid in frill.
3.4 Extension Term Rent. Upon receipt of Tenant's Notice, the parties shall negotiate in good
faith to determine the rental rate and terms for such Extension Term. If the parties have not agreed
on the rental rate by September 1 of the final year of the then -current Term, the parties shall,
within five (5) business days thereafter, mutually elect in writing to: (a) determine the fair market
rental rate through an appraisal process; (b) terminate this Lease as of the then -scheduled
Expiration Date; or (c) determine the fair market rental rate through another mutually agreed -upon
method. If the parties fail to timely agree on such election, this Lease shall expire on the then -
current Expiration Date, and Tenant shall surrender the Premises to Landlord.
"Fair Market Rent" shall mean the rental rate that would be agreed upon in an arm's-length
transaction between a willing landlord and willing tenant, taking into account comparable
properties used for similar purposes, and other relevant market conditions. The Fair Market Rent
for the Extension Term, once determined and if applicable, shall be applied retroactively to the
commencement date of the Extension Term, and any necessary adjustments between the parties
shall be promptly reconciled.
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Auburn Golf Course Clubhouse Restaurant Lease —RES 5910 Page 4 of 30
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If the parties elect to utilize an appraisal or other third -party process involving a fee, such fees
shall be shared equally. In no event shall the rental rate for the Extension Term be less than the
rental rate in effect immediately prior to the commencement of the Extension Term.
Notwithstanding anything to the contrary in this Lease, so long as the parties are timely and
diligently pursuing an active appraisal or other mutually agreed -upon third -party determination
process to establish the Fair Market Rent for the Extension Term, the Holdover Period provisions
of this Lease shall not apply; provided, however, that if such process is not completed within sixty
(60) days following the Expiration Date, or if either party fails to timely and diligently participate
in such process, the Holdover Period provisions shall apply thereafter.
ARTICLE 4:
PERMISSIBLE USES
4.1 Restaurant Operations. Tenant shall use the Premises solely for the operation of a
restaurant, food concessions, lounge service, alcohol sales (subject to all required licenses and
approvals), and catering (collectively, the "Permitted Uses"), and notwithstanding any other
permissible use in this Article 4, no other purpose without Landlord's prior written consent, which
may be granted or withheld in Landlord's reasonable discretion and may be conditioned upon
additional requirements.
4.1.1 Applicable laws, licenses. & permits. Tenant shall, at its sole cost and expense,
comply with all applicable laws, codes, ordinances, rules, and regulations, including, without
limitation, the then -current Auburn City Code, and shall obtain, maintain, and keep in good
standing all permits, licenses, and approvals required for the Permitted Uses. Without limiting the
foregoing, Tenant shall at all times maintain all required liquor licenses and approvals for the sale
and service of alcohol, comply with all applicable liquor control laws and regulations, and
immediately notify Landlord of any suspension, revocation, or material adverse action affecting
any such license. Failure to abide by any of the forgoing requirements shall constitute a Default
under this Lease.
4.1.2 Health & Sanitation. Tenant shall also, at its sole cost and expense, comply with
all applicable health, sanitation, cleanliness, and safety requirements, as such requirements may
be amended from time to time, including, without limitation, proper maintenance, cleaning, and
servicing of grease traps, kitchen exhaust systems, and hood systems in accordance with applicable
law and manufacturer requirements. Tenant shall ensure that all such systems are serviced and
cleaned at commercially reasonable intervals and in no event less frequently than required by
applicable law or industry standards.
4.1.3 Days & Hours of Operations & Staffing. Tenant shall hold the restaurant open
to the public seven (7) days per week excluding Thanksgiving, Christmas Eve, and Christmas or
any other day for which the Golf Course is also not open to the public. The Golf Course Manager,
Director of Parks, Arts, and Recreation Director or such other person designated by Landlord shall
notify Tenant of any expected closures of the Golf Course no less than thirty (30) days in advance
of such expected closure or immediately in the event of an emergency. Tenant shall maintain
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adequate staffing and operational capacity to provide services consistent with Permitted Uses and
the required hours of operation set forth in this Lease.
4.1.3.1 Peak Golf Season. At a minimum during Peak Golf Season (defined as
April through September), Tenant shall cause the restaurant to be open weekdays from 11 a.m.
through 8 p.m. and on weekends from gam through 8pm.
4.1.3.2 Non -Golf Season. At a minimum during Non -Golf Season (defined as
October through March), Tenant shall cause the restaurant to be open from 11 a.m. through 6 p.m.
4.2 Beverage Cart. In addition to those Permitted Uses described in Article 4.1, Tenant shall
also operate at its own cost and expense, its own beverage/snack cart ("Beverage Cart") on the
golf course selling customers on the golf course beverages, alcoholic beverages, food items, and
other snack assortments.
4.2.1 Beverage Cart Schedule. Except for days experiencing inclement weather Tenant
shall operate the Beverage Cart according to the following schedule:
a. April V — April 30"': Friday through Sunday & Tournament Days/Special Events
b. May — Labor Day: Seven day a week
c. Labor Day — September 30"': Friday through Sunday & Tournament Days/Special
Events
d. October — March: Tournament Days/Special Events
Tenant is permitted to operate the Beverage Carts on days outside of those listed above
4.2.2 Beverage Cart Fuel. Tenant shall, at its sole cost and expense, be responsible for
all gasoline ("Fuel") used in connection with its Beverage Cart, and any beverage cart so operated
by Tenant, provided by Landlord. Tenant may use Landlord's fuel facilities solely for fueling the
Beverage Carts, subject to Landlord's reasonable rules and procedures.
All fueling at Landlord's facilities shall be performed by Landlord's golf course personnel. Tenant
shall coordinate with such personnel for access to the fuel facilities. At the time of each fueling,
Landlord's personnel shall record the number of gallons dispensed, and Tenant (or its authorized
representative) shall verify and initial such record.
Landlord's golf course personnel shall report Tenant's monthly fuel usage to Landlord's finance
department. Tenant shall reimburse Landlord for all Fuel dispensed to Tenant, which shall be billed
monthly as Additional Rent, based on the number of gallons used at a rate equal to Landlord's
actual cost (defined as the cost per gallon Landlord paid for the Fuel) per gallon plus fifty cents
($0.50) per gallon. Landlord's invoice shall identify both Landlord's cost and the rate charged to
Tenant.
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4.2.3 Landlord's Beverage Cart. Landlord and Tenant acknowledge that Landlord also
owns beverage/snack carts, but that Landlord will not operate or permit another vendor or operate
its own beverage/snack carts in competition with the Tenant. Instead, Landlord shall make
available for a daily fee ("Use Fee") of Forty Dollars (USD) ($40.00) plus sales tax and the cost
of fuel as outlined in Article 4.2.2 above, use of Landlord's beverage cart to Tenant. The Use Fee
shall only be applied in the event Tenant is operating Landlord's Beverage Cart in place of its own
beverage cart. The Use Fee shall not be applied in the event Tenant is operating Landlord's
Beverage Cart in addition to its own cart, by request of the Golf Course Manager or as deemed
necessary by the Landlord during Peak Golf Season or Tournament Days/Special Events. In
addition to the Use Fee, Landlord may impose additional reasonable conditions as it deems
appropriate, including but not limited to insurance coverage requirements.
4.3 Ancillary Uses & Activities. Tenant, with Landlord's approval, which shall not
unreasonably be withheld, conditioned or delayed, may install, maintain, operate, or permit
vending machines, amusement devices, arcade or video games, pull -tab machines, lottery devices,
jukeboxes, ATM machines, and similar ancillary equipment or services within Tenant's Premises,
provided that all such uses and devices are lawful, properly licensed and permitted, and operated
in compliance with all applicable laws, regulations, and governmental requirements. All such
devices and activities shall be located exclusively within Tenant's Premises and shall not interfere
with the operation of the golf course, clubhouse, or other areas of the Property.
4.4 Non-Comuctinu Uses. Tenant shall not sell or offer for sale clothing (other than Tenant -
branded merchandise), golf equipment, or other golf -related accessories or merchandise without
Landlord's prior written approval.
Likewise, Landlord agrees that it shall not, nor shall it permit, without Tenant's express written
consent, third parties to, sell prepared kitchen or restaurant -style food, alcoholic beverages, or
other substantially similar restaurant or bar items on the Golf Course or within or around the
Clubhouse outside of Tenant's Premises. Notwithstanding the foregoing, Landlord may sell pre-
packaged food items, doughnuts, bagels, coffee, canned or bottled non-alcoholic beverages, and
other similar concession -style items from its pro -shop.
ARTICLE 5:
MAINTENANCE & JANITORIAL
5.1 Landlord's Maintenance Responsibilities. Landlord shall, at its sole cost and expense,
be responsible for all repair and maintenance of the exterior of the Clubhouse, including, without
limitation, landscaping, foundation, exterior walls, the patio, sidewalks, siding, exterior windows
(excluding Tenant's walls -up window), exterior doors, roof, gutters, and downspouts, as well as
the basement, parking lot, parking lot gate(s) and trash enclosure.
Landlord shall further be responsible for all repair and maintenance of the mechanical, plumbing,
and electrical systems serving the Clubhouse, including HVAC, electrical, and plumbing systems
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and related fixtures serving the interior and exterior areas of the Clubhouse, except for those
systems and fixtures exclusively serving the Tenant's Premises. Notwithstanding the foregoing,
Landlord shall be responsible for performing, or causing to be performed, all routine and
preventative maintenance of the HVAC system exclusively serving the Tenant's Premises,
including inspections, regularly scheduled servicing, filter replacements, testing, adjustments, and
other preventative maintenance necessary to keep such HVAC system in good operating condition.
Notwithstanding the foregoing, Landlord shall also be responsible for the repair, replacement, and
maintenance of all propane tanks, including the 1,000 gallon tank servicing Tenant's Premises.
In the event any damage to areas or systems maintained by Landlord is caused by the negligence
or willful misconduct of Tenant or its agents, employees, contractors, invitees, or guests, Landlord
shall remain responsible for completing the required repairs; provided, however, that Tenant shall
reimburse Landlord for the actual cost of such repairs, together with an additional amount equal
to ten percent (10%) of such cost to compensate Landlord for administrative oversight and
management of the repairs, which amounts may be charged as Additional Rent.
5.2 Tenant's Maintenance Responsibilities,. Tenant shall, at all times and at its sole cost and
expense, maintain the Premises in good order, condition and repair and shall take all reasonable
measures and make all repairs and replacements necessary to satisfy such obligations, including,
without limitation, repairs and replacements to interior walls, interior drywall. located .on exterior
walls, floors, floor coverings, lighting fixtures, drop ceilings, and all other non-structural interior
improvements within the Premises.
With the exception of the underground 1,000 gallon propane tank and the HVAC preventative
maintenance noted in Section 5.1 above, Tenant shall further be responsible for the inspections,
repair, maintenance, replacement, and preventative maintenance of all fixtures, equipment,
systems, and improvements that either serve the Premises or are utilized in connection with
Tenant's business operations, including, without limitation, all kitchen equipment, exhaust and
ventilation systems, fire suppression systems, FOG (fats, oils, and grease) systems, HVAC and hot
water systems exclusively serving the Premises, plumbing, drains, beverage and glycol lines, bars,
coolers, to include the basement walls -in cooler and associated equipment, freezers, and all
entertainment and communication equipment, whether located inside or outside of the Premises.
Unless otherwise noted herein, Tenant shall perform routine preventative maintenance for all such
systems and equipment in accordance with manufacturer recommendations, industry standards,
and applicable code requirements, including regular servicing, inspections, cleaning, and
replacement of components.
Tenant's responsibility for utility systems shall commence at the electrical panels Kl, K2, and K3
which exclusively service the Premises with respect to electrical service, and with respect to
plumbing and water service, for all water lines, valves, fixtures, equipment, and appurtenances
exclusively serving the premises from the point such lines branch from the main building water
distribution system, and for all sanitary sewer, grease waste, and drain lines exclusively serving
the Premises from the point such lines connect to the main building system.
All repairs, maintenance, replacements, and other work performed by or on behalf of Tenant shall
be completed in a professional, competent, and workmanlike manner, in compliance with all
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applicable laws, ordinances, regulations, permits, and code requirements. Any contractor
performing work on behalf of Tenant shall be properly licensed, bonded, and insured in accordance
with applicable law and reasonably acceptable to Landlord.
Tenant shall not undertake any material repair, replacement, alteration, or modification affecting
structural components, building systems, exterior areas, or life -safety systems without Landlord's
prior written approval, which approval shall not be unreasonably withheld, conditioned, or
delayed.
All repairs, maintenance, and replacements required of Tenant under this Lease shall be performed
at Tenant's sole cost and expense, except for damage resulting from the negligence or willful
misconduct of Landlord or Landlord's agents, employees, or contractors, or damage caused by
fire, earthquake, storm, or other casualty covered by Landlord's property insurance, provided such
damage was not caused, in whole or in part, by the negligence or misconduct of Tenant or Tenant's
agents, employees, contractors, invitees, or guests.
If Tenant fails to commence and diligently pursue any required repair within thirty (30) days
following written notice from Landlord, or sooner if immediate action is reasonably necessary to
prevent further damage or protect health or safety, Landlord may, but shall not be obligated to,
perform such repair, maintenance, or replacement on Tenant's behalf. Tenant shall reimburse
Landlord for the actual cost thereof, together with an administrative fee equal to ten percent (10%)
of such cost to compensate Landlord for oversight and management of the work, which amounts
may be charged as Additional Rent.
5.3 Beverne Carts. Tenant shall, at its sole cost and expense, keep its Beverage Cart in
good working order and operable condition and shall be solely responsible for all maintenance,
repair, and replacement thereof. Tenant may request in writing that Landlord perform needed
repairs to the Beverage Cart, which Landlord in its sole discretion, may accept or deny. Prior to a
commencing any such work, Landlord shall provide Tenant with the applicable hourly labor rate
to snake requested repairs.
If Landlord agrees to perform any such maintenance or repairs, Tenant shall reimburse Landlord
for all labor at such rate, together with the cost of all parts and materials at Landlord's actual cost
plus a ten percent (10%) markup to compensate Landlord for oversight and coordination of such
repairs. All amounts due under this Section shall be invoiced by Landlord and paid by Tenant as
Additional Rent.
Any maintenance or repair services performed by Landlord are provided as a convenience only,
and Landlord shall have no obligation to perform such services. Landlord .makes no warranties,
express or implied, with respect to any such services or the results thereof, and shall not be liable
for any failure or defect in the Beverage Cart; provided, however, that Landlord shall perform any
accepted work in a commercially reasonable manner.
Landlord shall be solely responsible for the maintenance, repair, and replacement of Landlord's
own beverage cart, except to the extent any damage is caused by the misuse or negligence of
Tenant. In the event such damage is caused by the misuse or negligence of Tenant, Landlord shall
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perform, or cause to be performed, the necessary repairs, and Tenant shall reimburse Landlord for
the actual cost of such repairs, including labor, plus an administrative fee equal to ten percent
(10%) of the repair cost. Such reimbursement shall be due as Additional Rent.
5.4 Janitorial. Each party shall use commercially reasonable efforts in fulfilling its respective
janitorial obligations described herein.
5.4.1 Tenant's Janitorial Responsibilities. Tenant shall, at all times and at its sole cost
and expense, keep the Premises in a clean, safe, sanitary, and orderly condition, and shall use
commercially reasonable efforts and industry -standard practices to maintain the Premises, the
patio area located adjacent to the restaurant dining room (the "Patio"), and the Clubhouse trash
enclosure free from undue waste, rubbish, debris, grease accumulation, offensive odors, pests, and
hazardous conditions.
Tenant shall supply all janitorial products, supplies, and equipment to perform Tenant's janitorial
and sanitation services at a frequency reasonably necessary to maintain the Premises and Patio in
a consistently clean and sanitary condition in light of Tenant's operations, customer traffic, and
use of the Premises. Tenant's janitorial responsibilities shall include, without limitation:
a. Daily sweeping, vacuuming, and mopping of the flooring and carpeting within the
Premises and on the Patio;
b. Annual and further spot cleaning of the carpets within the Premises;
e. Annual pressure washing of the Patio;
d. Daily cleaning of windows (inside and out), doors, tables, chairs, counters, and other
surfaces located within the Premises or on the Patio;
e. Daily removal and disposal of trash, garbage, recyclables, food waste, grease waste,
and other refuse generated by Tenant's operations in compliance with all applicable
laws, health regulations, recycling requirements, and waste disposal regulations
applicable to restaurant operations;
f. Daily cleaning, litter, and debris collection on and around the Patio and in and around
the Clubhouse trash enclosure;
g. Pest control for Tenant's Premises;
h. Immediate cleanup and remediation of spills, grease, broken glass, :food waste, liquids,
or other hazardous or unsanitary conditions caused by Tenant's operations;
i. Maintaining all food preparation, storage, and service areas in compliance with
applicable laws, health department regulations, and industry sanitation standards; and
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j. Unclogging and clearing sinks, drains, grease lines, or plumbing lines serving the
Premises to the extent such condition is caused by Tenant's operations, food service
activities, grease accumulation, improper disposal practices, or misuse by Tenant, its
einployees, contractors, agents, or invitees.
Tenant shall clean, maintain, and service all Tenant -owned or exclusively Tenant -used equipment
in accordance with commercially reasonable standards and all applicable manufacturer
recommendations, industry practices, and governmental requirements. Such equipment shall
include, without limitation, stoves, ovens, grills, fryers, freezers, refrigerators, hood systems,
grease traps, drink lines, fire suppression systems, and FUG (fats, oils, and grease) systems.
5.4.2 Landlord's Janitorial Responsibilities. Landlord shall, at all times and at its sole
cost and expense, be responsible for janitorial services and general cleanliness within Landlord's
exclusive areas, the common areas, and all other portions of the Golf Course not expressly
designated herein as Tenant's responsibility. Landlord shall maintain such areas in a reasonably
clean, safe, sanitary, and orderly condition consistent with the operation of a public golf course
facility.
Landlord's responsibilities shall include, without limitation:
a. Cleaning, stocking, sanitizing, and maintaining the common area restrooms, including
replenishment of paper products, soap, and other customary restroom supplies;
b. Pest control services for the Clubhouse exterior, Landlord maintained portions of the
Clubhouse interior, and other Landlord -maintained portions of the Golf Course;
c. Providing clean and safe access to the Golf Course, parking areas, Clubhouse, and
Common Areas unless unsafe access is caused by grease, spills, or other condition are
caused by Tenant's operations (at which point they would be Tenant's responsibility to
clean)
d. Supply and deploy snow removal and ice melt in the parking areas, walk -ways, and
around the Clubhouse;
e. Removal of trash and debris from common areas (excluding the Patio); and
f. The right, upon reasonable notice and during normal business hours (except in
emergencies), to inspect the Premises, Patio, trash enclosure, and related areas to
confirm Tenant's compliance with the janitorial, sanitation, health, safety, and
maintenance obligations set forth herein.
ARTICLE 6;
UTILITIES
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6.1 Tenant's Premises. Unless otherwise stated herein, Tenant, at its sole cost and expense,
shall establish and maintain in Tenant's name, all utility accounts servicing exclusively the
Premises. Such utilities and services shall include, without limitation, electricity, gas/propane,
water, sewer, telephone, internet, trash collection, recycling, food waste or compost collection,
grease disposal, and any other utility, sanitation, waste handling, or restaurant -related services
associated with Tenant's use and occupancy of the Premises. Tenant shall establish and maintain
the account(s) associated with water meter # 82387988.
6.1.1 Securitv. Tenant may, upon Landlord's prior written approval, which approval
shall not be unreasonably withheld, conditioned, or delayed, install or cause to be installed a
security system serving the Premises. All costs associated with the installation, connection,
monitoring, maintenance, repair, replacement, and operation of such security system shall be
Tenant's sole responsibility. If Tenant installs a security system, Tenant shall provide Landlord
with all applicable alarm codes, access credentials, and any updates or changes thereto, for
emergency and property management purposes.
6.2 Common Areas. Landlord shall establish, maintain, and pay for all utility accounts
servicing the Common Areas, Landlord's exclusive -use areas, and any other portions of the
Clubhouse not exclusively serving the Premises. In the event any utility service benefits both the
Premises and the Common Areas or other portions of the Clubhouse, Landlord may, at its option
and expense, install a submeter or other reasonable measuring device to determine Tenant's actual
utility usage. Tenant shall reimburse Landlord, as Additional Rent, for the cost of utilities
consumed by Tenant as measured by such device.
If no submeter or other measuring device is installed, Landlord shall remain responsible for the
full cost of such utility service, including all associated maintenance and repair costs relating
thereto.
6.3 Internet, Communication, & Entertainment Services. Tenant is responsible at its sole cost
and expense for establishing and maintaining for its Premises, its own internet, and
television/streaming (entertainment) services. Tenant agrees to ensure that any such services do
not in any way interfere with Landlord's services or the publicly accessible internet broadband
service (should any exist). If Landlord provides notice to Tenant that one of Tenant's services is
causing interference with one of Landlords services, the public service, or any other prior existing
Landlord service, Tenant agrees to take corrective action within 24-hours of notification. If Tenant
does not take corrective action within 48 hours of notification, Landlord may take corrective action
at Tenants full cost and expense, including the cost of bringing in any professional(s) deemed
necessary by Landlord, plus an additional ten (10%) of the sum total for administrative and
oversight purposes. Landlord agrees to provide reasonable access to Tenant or Tenants agents to
those areas necessary in housing such systems.
6.4 Interruption of Service; No Abatement or Liabilitv. Except to the extent caused by the
gross negligence or willful misconduct of Landlord or its agents, employees, or contractors, any
failure by Landlord to furnish, or cause to be furnished, the utilities or services described in this
Lease, or any interruption or cessation thereof, for any reason —including, without limitation,
mechanical breakdown, maintenance, repair or replacement of equipment, strikes, riots, acts of
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God, labor or material shortages, compliance with governmental laws, regulations, restrictions, or
voluntary or mandatory governmental or industry guidelines, or other similar causes —shall not (i)
render Landlord liable for any damages to persons, property, or products, or for any economic or
consequential losses incurred by Tenant, (ii) constitute an actual or constructive eviction, (iii)
entitle Tenant to any abatement of rent, or (iv) relieve Tenant of its obligations under this Lease.
ARTICLE 7
CASUALTY
7.1 Natural Disaster or Act of God. In the event that the Premises is damaged due to a natural
disaster or act of God, if the cost of repairing or reconstructing the Premises to the condition and
form immediately prior to such damage or destruction does not exceed thirty-three percent (33%)
of the then new replacement cost thereof, then Landlord shall effect such repair, restoration, and
reconstruction of the Premises so damaged or destroyed to substantially their condition prior to
said damage or destruction in a timely manner. All such work shall be carried out in accordance
with plans and specifications prepared by a licensed architect or engineer if such an architect or
engineer is reasonably required given the scope and nature of the work. Landlord shall allow
Tenant a proportionate abatement of Base Rent and leasehold excise tax from the date of the
casualty through the date that Landlord substantially completes Landlord's repair obligations
hereunder (or the date that Landlord would have substantially completed such repairs, but for
delays by Tenant or any other occupant of the Property, or any of their agents, employees, invitees,
transferees and contractors).
7.2 If the cost of repairing, restoring or reconstructing the Premises to the condition and form
immediately prior to such damage or destruction exceeds thirty-three percent (33%) of the then
new replacement cost thereof, then Landlord, in its sole discretion may elect by written notice to
Tenant given within sixty (60) days after the date of the damage to terminate this Lease. If no
notice of termination is given then unless otherwise agreed to in writing, all obligations set forth
in this Lease shall continue, however, Landlord shall allow Tenant a proportionate abatement of
Base Rent and leasehold excise tax from the date of the casualty through the date that Landlord
renders its decision, even if said abatement is then issued as a reimbursement or partial
reimbursement of Base Rent and leasehold excise tax timely paid to Landlord by Tenant.
7.3 Damaue Due to Fire. In the event of damage or destruction due to fire determined not to
have been caused by Tenant then Sections 7.1 and T2 above shall apply. If however, the cause of
the fire, as determined by the local Fire Authority is determined to have been caused by Tenant,
one of Tenant's guests, agents, employees, students or otherwise then the cost of said repair,
restoration, reconstruction or replacement of the Premises shall be borne by Tenant. Repairs,
reconstruction or replacement of the Premises shall be done in a commercially reasonable manner
and with the approval of the Landlord and all obligations under this Lease, including Rent shall
remain in full force during such period of repair, restoration, reconstruction or replacement.
ARTICLE 8:
ENVIRONMENTAL PROVISIONS
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8.1 Tenant covenants to defend, indemnify, and hold Landlord harmless from any imposition
or attempted imposition by any person upon Landlord of any obligation or cost ("liability") of
whatever form, including, without limitation, damages; claims; governmental investigations,
proceedings or requirements; attorney fees in investigation, at trial or administrative proceeding,
or on appeal; witness or consultant costs; or any other liability to the extent that such liability arises
from a violation, or from the failure to satisfy a requirement of any environmental or land use law
or regulation, proximately resulting from Tenant's use of the Premises during the term of this
Lease, and without regard to when the liability is asserted.
8.2 Tenant has inspected the Premises and accepts it in its present "As -Is" condition. Tenant
shall not cause the premises to be contaminated in any way and in the event of contamination shall
immediately report such contamination to Landlord and shall cause any such contamination to be
remedied by that method recognized by Washington State Department of Ecology and shall
indemnify and hold Landlord harmless from all costs involved in implementing the remedy.
8.3 Any other provision of this Lease to the contrary notwithstanding, Tenant's breach of any
covenant contained in this Article 8 shall be an Event of Default empowering Landlord, in addition
to exercising any remedy available at law or in equity or otherwise pursuant to this Lease, to
terminate this Lease and to evict Tenant from the Premises forthwith, or to terminate Tenant's
right to possession only without terminating this Lease.
8.4 Tenant shall notify Landlord within twenty-four (24) hours after Tenant becomes aware of
(i) any release or threatened release of a reportable quantity (as defined by applicable law) of any
Hazardous Substance (as defined under CERCLA and/or Washington Model Toxics Control Act)
at or from the Premises, and (ii) any written notices, orders, or communications from any
governmental authority relating to environmental conditions at the Premises arising from Tenant's
use or activities. Tenant shall also promptly notify Landlord of any non -reportable spill or
condition that could reasonably be expected to result in environmental contamination or liability.
Tenant shall, at its sole cost, promptly take all actions required by applicable law to investigate,
contain, and remediate any release caused by Tenant or its agents, and shall keep Landlord
reasonably informed of such actions. If Tenant fails to timely perform its obligations after notice
and a reasonable opportunity to cure (except in emergencies), Landlord may, but is not obligated
to, perform such work, and Tenant shall reimburse Landlord for all reasonable costs incurred.
Tenant shall indemnify, defend, and hold harmless Landlord from and against all claims, costs,
and liabilities arising from environmental conditions caused by Tenant. This Section shall not
apply to pre-existing conditions not caused or exacerbated by Tenant.
ARTICLE 9:
INSURANCE COVERAGE, INDEMNIFICATION / HOLD HARMLESS
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9.1 Insurance — Tenant shall procure and maintain at all times the following types of insurance
with the minimum amounts directed below, as applicable to the business being conducted by the
Tenant:
a. Commercial General Liability insurance at least as broad as Insurance Services Office
(ISO) occurrence form CG 00 01 in the amount of $1,000,000 per occurrence,
$2,000,000 annual aggregate, and $2,000,000 products -completed operations
aggregate limit. Such insurance shall contain contractual liability insurance covering
the Premises and applicable leases, licenses, permits, or agreements.
b. Commercial/business automobile liability insurance for all owned, non -owned and
hired vehicles assigned to or used in performance of commercial activities in the
amount of at least $1,000,000 each accident. If any hazardous material, as defined by
any local, state, or federal authority, is the subject, or transported, in the performance
of this contract, a policy must be endorsed with the Insurance Services Office form
CA9948 or equivalent.
c. Special Causes of Loss Property insurance covering all improvements, fixtures,
furniture, equipment, inventory, and other personal property located within the
Premises in an amount not less than the full replacement cost thereof. Such coverage
shall include equipment breakdown coverage insuring against mechanical and
electrical breakdown or failure of boilers, HVAC systems, refrigeration equipment,
cooking equipment, electrical systems, and other restaurant -related machinery and
systems exclusively placed in or exclusively serving the Premises. Tenant shall be
solely responsible for all deductibles and self -insured retentions associated with such
coverage.
d. Worker's Compensation insurance is required by law and employer's liability
insurance in the amount of $1,000,000 per accident, $1,000,000 disease per person,
$1,000,000 disease policy limit is required by the Agreement.
e. Business Interruption and Extra Expense insurance covering loss of income and
operating expenses resulting from direct physical loss or damage to the Premises or
Tenant's operations by covered causes of loss. Such coverage shall be maintained in
amounts reasonably sufficient to protect Tenant's business operations for a period of
not less than six (6) months. Tenant's policy shall include coverage for utility
interruption, equipment breakdown, civil authority actions and include sufficient
amounts to reimburse continuing rental obligations owing under this Lease during
periods of interruption.
f. Liquor Liability insurance with limits of not less than $1,000,000 per occurrence and
aggregate.
g. Commercial Umbrella or Excess Liability insurance on a follow -form basis with limits
not less than $1,000,000 per occurrence and aggregate.
9.2 Forms of Policies. All insurance shall be in a form and from an insurance company
authorized to transact insurance business in the State of Washington and with A.M. Best's financial
City of Auburn /Bogey's
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rating of at least an A: VII. All policies, whether carried by Tenant or Subtenant, except worker's
compensation policy, shall name the City of Auburn and its elected or appointed officials, officers,
representatives, directors, commissioners, agents, and employees as "Additional Insured". The
Tenant shall furnish endorsements evidencing the required coverage cited herein prior to engaging
in any commercial activities. Tenant shall endeavor to provide Landlord with not less than thirty
(30) days' prior written notice of cancellation, nonrenewal, or material reduction in coverage,
except ten (10) days for nonpayment of premium, to the extent such notice is commercially
available.
9.3 Deductibles and Self -Insured Retentions. Tenant shall be solely responsible for payment
of all deductibles and self -insured retentions applicable to any insurance policies required under
this Lease. Any deductible or self --insured retention shall not limit or reduce Tenant's liability or
obligations under this Lease.
9.4 The Tenant's insurance coverage shall be primary insurance as respects Landlord. Any
insurance, self-insurance, or insurance pool coverage maintained by Landlord shall be in excess
of the Tenant's insurance and shall not contribute with it.
9.5 Waiver of Subrouation. Tenant agrees to waive rights of subrogation which any insurer
of Tenant may acquire from Tenant by virtue of the payment of any loss. Tenant agrees to obtain
any endorsement that may be necessary to affect this waiver of subrogation. The General Liability
and Workers' Compensation policies shall be endorsed with a waiver of subrogation in favor of
the Landlord for all work performed by the Tenant, its employees, agents, volunteers, contractors,
and subcontractors.
9.6 Failure of Tenant to Maintain Insurance. Tenant's failure to maintain the insurances
required shall constitute a material breach of this Lease, upon which the Landlord may, after giving
Tenant five (5) business days' notice to correct the breach, terminate the Lease or, at its discretion,
procure or renew such insurance and pay any and all premiums in connection therewith, with any
sums so expended to be repaid to Landlord as additional Rent.
9.7 Landlord's Full Availability of Tenant's Limits. If Tenant maintains higher insurance
limits than the minimums shown above, the Landlord shall be insured for the full available limits
of Commercial General and Excess or Umbrella liability maintained by Tenant, irrespective of
whether such limits maintained by the Tenant are greater than those required by this Lease or
whether any certificate of insurance furnished to the Landlord evidences limits of liability lower
than those maintained by the Tenant.
9.8 Indemnification / Hold Harmless. Tenant shall defend, indemnify, and hold harmless the
City, its officers, officials, employees and volunteers from and against any and all claims, suits,
actions, or liabilities for injury or death of any person, or for loss or damage to property, which
arises out of Tenant's use of Premises, or from the conduct of Tenant's business, or from any
activity, work or thing done, permitted, or suffered by Tenant in or about the Premises, except only
such injury or damage as shall have been occasioned by the sole negligence of the City. It is further
specifically and expressly understood that the indemnification provided herein constitutes the
Tenant's waiver of immunity under Industrial Insurance, Title 5 t RCW, solely for the purposes of
this indemnification. This waiver has been mutually negotiated and agreed to by the Tenant and
City. The provisions of this section shall survive the expiration or termination of this Lease.
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ARTICLE 10:
ASSIGNMENT AND SUBLETTING
10.1 Assignment. Any assignment by Tenant of its Leasehold Estate in this Lease
("Assignment") to an unaffiliated third party ("Assignee") shall be subject to Landlord's prior
written approval as provided herein. For purpose of this Lease, the term "Assignment" shall
include a transfer of more than 50% interest in the Tenant entity to a non-affiliated third -party.
Landlord's review and approval of an Assignment may not be unreasonably withheld, conditioned
or delayed if Tenant submits the documentation required in Article 10.2 demonstrating that the
Assignment fully satisfies the conditions set forth in Article 10.3 and subject to fees described in
Article 10.4
10.2 Assignment Approval Process. To request Landlord's consent to an Assignment, Tenant
shall submit to Landlord the following items at least thirty (30) days prior to the proposed effective
date of such Assignment:
a. The names of the direct owners, shareholders, members or partners that have day-to-
day management responsibility of the proposed Assignee and any other information in
Tenant's possession or control regarding the qualifications of the proposed Assignee or
its direct owners, shareholders, members or partners;
b. An explanation of the proposed ownership structure of the Assignee and the identity
of the individuals or entities that will manage and operate the business;
c. Pro forma financial and operating statements for the Assignee and the Premises for the
twelve (12) month period following the effective date of the Assignment, together with
information regarding any financing to be obtained by the Assignee in comiection with
the assignment and its operations at the Premises;
d. A copy of the proposed assignment and assumption agreement which shall provide that
the Assignee will be bound by all of the provisions, terms, covenants, and conditions
of this Lease.
10.3 Conditions for Landlord's Reasonable Approval of Assignment. Landlord shall not
withhold, condition, or delay its approval of any proposed Assignment once all of the following
conditions are satisfied:
a. Any Default by Tenant under this Lease will be cured at or prior to the effective date
of the Assignment except to the extent the Event of Default is related to a specific
covenant, representation or warranty of the transferring entity such that a breach thereof
cannot be cured by an Assignee;
b. All documentation required under Article 10.2 has been delivered to Landlord;
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c. The use and occupancy of the Premises by the Assignee will be consistent with Article
4;
d. Assignee or its affiliates, members or managers have experience owning and managing
comparable types of assets, or have retained a professional management company with
experience in the management of comparable types of assets;
e. Assignee's pro forma financial statements, and any security proposed to support
Assignee's obligations under this Lease if required, demonstrate that, following the
Assignment, Assignee will have the financial capacity to perform all Tenant obligations
under this Lease;
If the foregoing conditions are not satisfied Landlord may reasonably withhold, condition or delay
its consent to an Assignment. If Landlord does not respond to a request for consent within thirty
(30) days after receiving a notice from Tenant requesting Landlord's consent to an Assignment,
Landlord shall be deemed to have given its consent. Any denial of consent must be in writing,
within thirty (30) days of Landlord's receipt of Tenant's request and must contain an explanation
of those conditions that failed to be met and/or other reasonable grounds on which Landlord has
denied consent. Upon consummation of an Assignment to which Landlord has consented, the
transferring Tenant shall be released from obligations arising under this Lease from and after the
date of such Assignment and, upon written request by the transferring Tenant, Landlord will
execute and deliver commercially reasonable documentation in recordable forth confirming its
consent to the Assignment and release of the transferring Tenant as provided above.
10.4 No Waiver & Assignment Fee. Consent of the Landlord to any Assignment shall not
operate as a waiver of the necessity for consent to any subsequent Assignment. In connection with
each request for Landlord's consent to an Assignment, regardless of whether such Assignment is
approved, Tenant shall pay to the Landlord, at the time of Assignment request, the Assignment of
Lease fee noted in the most current City of Auburn Master Fee Schedule.
10.5 SublettinLy. Tenant shall have the right to sublease all or any portions of the Premises
(such subleased portion, the "Subleased Space") to Subtenant(s) for use of the Premises consistent
with Article 4 above; provided that:
a. All sublease agreements shall be subordinate to and shall have a copy of this Lease
attached as reference;
b. Each Subtenant shall be subject to obtain insurance pursuant to Article 9 above if as
and to the extent applicable to such Subtenant or the Subleased Space;
c. Subtenants and their guests, customers, employees, agents and other related parties
shall not conduct business or operations in violation of any ordinance, law, statute,
order, or rule of any governmental agency having jurisdiction over the Golf Course,
and,
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d. a copy of the mutually executed sublease shall be delivered to Landlord as soon as
reasonably possible.
10.6 Sublease Auuroval. Prior to subletting Subleased Space to a Subtenant, Tenant shall first
obtain Landlord's approval of the Subtenant and the Sublease terms ("Sublease Approval"), which
Landlord shall not unreasonably withhold, condition or delay. To obtain Landlord's approval,
Tenant shall supply to Landlord;
a. the name of the proposed Subtenant, including any Articles of Incorporation as there
may exist, the names of the owner(s), executive, and/or governing individuals;
b. the proposed use of the Subleased Space;
c. a copy of the proposed sublease terms; and
d. financial statements for the proposed Subtenant, including previous two years tax
returns and past twelve months of bank statements, most recent money market,
brokerage accounts, or other financial statements that the Subtenant may have.
If Landlord does not provide Tenant a notice disapproving of the Subtenant and Sublease terms
("Sublease Disapproval Notice") within ten (10) business days from when requesting Sublease
Approval then the Sublease Approval be deemed given.
ARTICLE 11:
NOTICES
Any notice, consent, approval or other communication given by either party to the other relating
to this Lease shall be in writing, and shall be delivered in person, sent by certified mail, return
receipt requested, sent by reputable overnight courier, or sent by other approved forms of electronic
communication (with evidence of such transmission received) to such other party at the respective
addresses set forth below (or at such other address as may be designated from time to time by
written notice given in the manner provided herein). Such notice shall, if hand delivered or
personally served, be effective immediately upon receipt. If sent by certified mail, return receipt
requested, such notice shall be deemed given on the third business day following deposit in the
United States mail, postage prepaid and properly addressed; if delivered by overnight courier,
notice shall be deemed effective on the first business day following deposit with such courier; and
if delivered by electronic communication, notice shall be deemed effective when sent.
The notice addresses of the parties are as follows:
CITY
Real Estate Division
Attn: Josh Arndt / Real Estate Manager
25 West Main St.
Bogey's
Matt Altick
206-396-7268
Matt@longhornbarbecue.com
City ofAttburn/Bogey's
Auburn Golf Course Clubhouse Restaurant Lease —RES 5910
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Auburn, WA 98001 102 Main Street, Suite 304
253,288.4325 Auburn, WA 98001
Jarndt@auburnwa. gov
City Attorney
25 W Main St.
Auburn, WA 98001
With Copies To:
ARTICLE 12:
INSPECTION, ACCESS AND POSTED NOTICES
Landlord and any of its agents shall at any time upon seventy-two (72) hours advance written
notice to Tenant, have the right to go upon and inspect the Premises, provided, however, that in
the event the Landlord determines, in its sole and absolute discretion, that an emergency situation
exists on or adjacent to the Premises, no advance notice to Tenant is required and Landlord may
immediately go upon and inspect the Premises. Landlord shall have the right to serve, or to post
and to keep posted on the Premises, or on any part thereof, any notice permitted by law or by this
Lease, any other notice or notices that may at any time be required or permitted by law or by this
Lease. Landlord shall not be liable in any manner for any inconvenience, disturbance, loss of
business, or other damages arising out of Landlord's entry on the Premises as provided in this
Section except for such damage that is caused directly by, or through the gross negligence of,
Landlord, their employees, agents, or representatives.
ARTICLE 13:
DEFAULT AND REMEDIES
13.1 Events of Default. Tenant will be in default ("Default") under this Lease if,
a. any amount of Rent or other sums payable by Tenant to Landlord under this Lease
remains unpaid for more than thirty (30) days after the date it is due;
b. Tenant files a voluntary petition in bankruptcy or makes a general assignment to the
benefit of, or a general arrangement with, creditors;
e. there is an involuntary bankruptcy filed against Tenant that has not been dismissed
within sixty (60) days of filing;
d. Tenant is adjudicated insolvent, or admits, in writing, its inability to pay its obligations
in the ordinary course as they come due;
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e. a receiver, trustee, or liquidating officer is appointed for Tenant's business;
f. if Tenant violates or breaches any of the other covenants, agreements, stipulations, or
conditions described in the Agreement;
g. Tenant transfer's any portions or interest in this Lease without obtaining prior consent
of the Landlord or paying the appropriate assignment fees described in Article 10.4
13.2 Cure of Default. Upon an Event of Default in 13.1, Landlord shall send Tenant written
notice of the violation. Upon receipt of such notice, Tenant shall have thirty (30) days to cure the
violation. Any violation that continues beyond this 30-day period shall be grounds for Landlord's
termination of this Lease. Tenant shall have no ability to cure a 3rd (or subsequent) distinct Event
of Default occurring within a 12-month period.
13.3 Termination after Default. Landlord shall not elect to terminate the Lease as a result of
any Default described above without first providing Tenant with written notice of Landlord's intent
to terminate the Lease ("Termination Notice"); provided that any such termination shall be subject
to Landlord compliance with the provisions of Article 13.2. Subject to the preceding sentence,
Landlord shall have the rights and remedies provided in Articles 13.3 — 13.7, in addition to any
other right or remedy available by law or equity (all notice and cure periods set forth above are in
lieu of and not in addition to any notice required pursuant to applicable unlawful detainer/eviction
statutes).
13.4 Default: Re-Entrv. Upon the occurrence of an Event of Default by Tenant, Landlord may,
at its option, terminate this Lease and/or Tenant's right to possession by written notice and re-enter
and take possession of the Premises, remove all persons and property, and recover possession in
accordance with applicable law. Tenant waives all claims arising from such re-entry and removal,
except to the extent caused by Landlord's gross negligence or willful misconduct. No such re-entry
shall be deemed a forcible entry.
13.5 Default: Reletting. Following re-entry, Landlord may, but shall not be obligated to, relet
the Premises, or any portion thereof, for such term or terms (which may extend beyond the Term),
at such rental rates, and upon such other terms and conditions (including, without limitation,
concessions, free rent, tenant improvement allowances, and alterations), as Landlord, in its sole
and absolute discretion, deems advisable. Reletting shall not be deemed an acceptance of surrender
unless expressly agreed to by Landlord in writing, and Tenant shall remain liable for its obligations
under this Lease except as expressly provided herein. Landlord shall have no obligation to mitigate
damages except to the extent required by applicable law.
If Tenant has subleased any portion of the Premises, Landlord may, at its option, require any
subtenant to attorn to Landlord and to pay all sublease rent and other sums directly to Landlord.
Tenant hereby assigns to Landlord, as additional security, all applicable right, title, and interest in
such sublease rents.
13.6 Default; Damages. Landlord shall be entitled to recover from Tenant, and Tenant shall
pay to Landlord, the following amounts:
City ofAuburn. /Bogey's
Auburn Golf Course Clubhouse Restaurant Lease —RES 5910 Page 21 of 30
Docusign Envelope ID; ECCF2C87-90D2-8DF4-81CA-AE4ECE74646D
a. All accrued but unpaid Rent and other sums due as of the date of termination;
b. Liquidated Damages. An amount equal to the Rent that would have become due under
this Lease for eighteen months (18) months following the termination, or the expiration
of the current Term, whichever is less, inclusive of any leasehold excise taxes, or
adjustments (the parties agreeing that such amount represents a reasonable estimate of
Landlord's damages and is not a penalty);
c. Any Additional Rent owed to Landlord;
d. All costs and expenses incurred by Landlord in connection with Tenant's default;
enforcement of this Lease, recovery of possession, and reletting of the Premises,
including/ without limitation, reasonable attorneys' fees, court costs, brokerage
commissions, tenant improvements, alterations, and repair and maintenance costs
e. Any other damages available at law or in equity, except that damages for loss of future
Rent shall be limited to the amount set forth in subsection (b).
13.7 Application of Proceeds: No Double Recovery. All proceeds received by Landlord from
any reletting of the Premises or from any subtenant following termination shall be retained by
Landlord; provided, however, that such amounts shall be credited against the liquidated damages
set forth in subsection (b) to the extent required to avoid a double recovery of Rent. Landlord shall
otherwise have the right to apply such proceeds in such order and manner as Landlord may
determine.
The rights and remedies of Landlord set forth herein are cumulative and in addition to all other
rights and remedies available at law or in equity.
13.8 Indemnification. Nothing in this Article 13 shall be deemed to affect Landlord's right to
indemnification for liability or liabilities arising prior to termination of this Lease for personal
injury or property damage under the indemnification provisions or other provisions of this Lease.
13.9 Time is of the essence for this agreement.
ARTICLE 14:
NON-DISCRIMINATION
14.1 Tenant, itself and its officers, employees, agents, contractors, successors, and assigns, as a
material part of the consideration for this Lease, covenants and agrees as follows:
a. Tenant shall not, in the use or occupancy of the Premises or in the provision of any
services, activities, or accommodations thereon, discriminate against or exclude any
person on the basis of race, color, creed, religion, national origin, sex, marital status,
sexual orientation, gender identity or expression, age, disability, veteran or military
City of Auburn /Bogey's
Auburn Golf Coanrse Clubhouse Restaurant Lease —RES 5910 Page 22 of 30
Docusign Envelope ID: ECCF2C87-90D2-8DF4-81CA-AE4ECE74646D
status, or any other class protected under applicable law, as they may be amended from
time to time.
b. Tenant shall comply with all applicable federal, state, and local laws, ordinances,
regulations, and orders relating to non-discrimination employment practices as they
may be amended from time to time.
c. Tenant shall establish and apply all rates, fees, charges, deposits and other costs for the
use of the Premises and the services provided in a uniform, non-discriminatory manner.
Tenant shall not directly or indirectly impose different pricing, terms, or conditions
based on any protected class under applicable law. Nothing herein shall prohibit Tenant
from offering promotions, discounts, or variable pricing, provided that such pricing is
offered and applied on a consistent and non-discriminatory basis.
14.2 Tenant agrees that it shall insert Article 14.1 in any lease, license, or sublease agreement
by which said Tenant grants a right or privilege to any person, firm, or corporation to render
accommodations and/or services to the public on the Premises herein leased.
ARTICLE 15:
MISCELLANEOUS
15.1 Sinne. All signs placed upon or affixed on the Golf Course, to the Clubhouse, or the
Premises shall be subject to the prior written consent of the City. Signage shall be consistent in
size, color, lettering and theme to the Clubhouse design and other golf course signage
specifications and subject to and in accordance with Auburn City Code, Chapter 18.56. All current
signage installed as of the date of this Lease is deemed to be approved. All costs and expenses
borne of signage creation, installation and/or repair is the sole responsibility of Tenant.
15.2 Decor. Tenant shall not display any signs, pictures, posters, artwork or other decor that is
sexually explicit, pornographic or obscene in nature. Landlord reserves the right to require the
immediate removal of any such items deemed offensive.
15.3 Securitv. Landlord shall have no obligation to provide security to the Premises. Tenant
shall have the right to install alarm and other security systems within or upon their Premises subject
to Landlord's approval which may be subj ect to appropriate conditions as determined by Landlord.
15.4 No Brokers. Tenant represents and warrants to Landlord that it has not engaged any
broker, finder or other person who would be entitled to any commission or fees in respect of the
negotiation, execution or delivery of this Lease and shall indemnify and hold harmless Landlord
against any loss, cost, liability or expense incurred by Landlord as a result of any claim asserted
by any such broker, finder or other person on the basis of any arrangements or agreements made
or alleged to have been made by or on behalf of Tenant.
City ofAuburn. /Bogey's
Auburn Golf'Course Clubhouse Restaurant Lease —RES 5910 Page 23 of 30
Docusign Envelope ID: ECCF2C87-9OD2-8DF4-81CA-AE4ECE74646D
15.5 Reimlatory Compliance. The Tenant shall, at its sole cost and expense, comply with all
applicable laws, regulations, codes, ordinances, permits, and orders of any governmentalauthority,
including the United States, the State of Washington, the City of Auburn, and any agencies thereof,
as well as any reasonable rules and regulations established by Landlord. Tenant shall be
responsible for obtaining and maintaining all permits, licenses, and approvals required for its use
and operation of the Premises and for the construction of any improvements. This includes, without
limitation, all environmental laws and regulations, including those of the Environmental Protection
Agency, whether now in effect or hereafter adopted. Tenant shall not permit the Premises to be
used in violation of any such requirements. Tenant shall be solely responsible for, and shall pay,
all costs, expenses, liabilities, losses, damages, fines, penalties, claims, and demands, including
reasonable attorneys' fees, arising out of or related to any failure by Tenant to comply with the
obligations set forth in this section.
15.6 Liens & Insolvenev. Tenant shall keep the Premises free from any liens. In the event
Tenant becomes insolvent, voluntarily or involuntarily bankrupt, or if a receiver, assignee or other
liquidating officer is appointed for the business of the Tenant, then the Landlord may cancel this
Lease at Landlord's option.
15.7 Non -Waiver. Waiver by Landlord of any term, covenant or condition contained in this
Lease or any breach thereof shall not be deemed to be a waiver of such term, covenant, or condition
or of any subsequent breach of the same or any other term, covenant, condition contained in this
Lease.
15.8 Abandonment. Abandonment of the leased premises, or vacation or desertion of said
Premises for a period of thirty (30) consecutive days shall be deemed a default of this Lease and it
shall be lawful for Landlord, its attorneys or representative to re-enter into and repossess the
Premises.
15.9 Holdover. If Tenant remains in possession of the Premises beyond the expiration of the
then active Lease, Tenant shall be deemed to be Holding Over the Premises, and this shall be
referred to as the ("Holdover Period"). Rent during the Holdover Period ("Holdover Rent") shall
be charged at an amount equal to double the then current monthly Base Rent. The Holdover Rent
shall be subject to the State Leasehold Excise Tax described in Article 3.2. Upon agreement of an
extension or otherwise new Lease between Tenant and Landlord, Landlord shall pro -rate the
Holdover Rent for the Holdover Period, if applicable. If a new agreement cannot be reached and
active negotiations cease to exist, then this Lease shall automatically convert to a month -to -month
term with rent continuing at the Holdover Rent amount.
15.10 Force Majeure. If either Landlord or Tenant is delayed or prevented from performing any
non -monetary obligation under this Lease due to a Force Majeure Event, such party's performance
shall be excused and the time for performance extended for the period of such delay. A "Force
Majeure Event" means an event beyond the reasonable control of the affected party, including,
without limitation, fire, casualty, flood, earthquake, severe weather, Acts of God, war, terrorism,
civil unrest, epidemic or pandemic, public health emergency, governmental laws or orders
(including occupancy restrictions, curfews, and shutdown orders), labor disputes not caused by the
affected party, and interruptions of utilities or transportation; provided that such event continues
for more than seventy-two (72) consecutive hours and materially interferes with the affected
party's ability to perform its obligations under this Lease. Except as expressly provided herein, a
City of Auburn /Bogey's
Auburn Golf Course Clubhouse Restaurant Lease — RES 5910 Page 24 of 30
Docusign Envelope ID: ECCF2C87-90D2-8DF4-81CA-AE4ECE74646D
Force Majeure Event shall not excuse Tenant's obligation to pay Rent or any other sums due;
provided, however, that if a Force Majeure Event continues for more than seventy-two (72)
consecutive hours and materially interferes with Tenant's use of the Premises, Rent shall be
equitably abated for the period of such material interference commencing after such seventy-two
(72)-hour period, except to the extent caused by Tenant or Tenant's agents, employees, or
contractors.
15.11 Severabilitv. If any term, covenant, or condition of this Lease (or part thereof) or the
application thereof to any person or circumstance is, to any extent, invalid or unenforceable, the
remainder of this Lease (and/or the remainder of any such term, covenant or condition), or the
applicability of such term, covenant or condition to persons or circumstances other than those to
which it is held invalid or unenforceable, shall not be affected thereby and each term, covenant or
condition (or part thereof) of this Lease shall be valid and be enforced to fullest extent permitted
by law.
15.12 Attornev's Fees and Costs. If by reason of default on the part of either party to this Lease
agreement it becomes necessary to employ an attorney to recover any payments due hereunder or
to enforce any provision of this Lease, the prevailing party, whether such party be the successful
claimant or the party who successfully defended against the claim of the other party, shall be
entitled to recover a reasonable attorney's fee and to be reimbursed for such costs and expenses as
may have been incurred by such prevailing party.
15.13 Choice of Law, Integration, and Interpretation. This Lease and the rights of the parties
hereunder shall be governed by and interpreted in accordance with the laws of the State of
Washington and venue for any action hereunder shall be in King County, Washington, This Lease,
together with any subsequent amendments or addendums, constitutes the entire agreement of the
parties and no other understandings, oral or otherwise, regarding this Lease shall exist or bind any
of the parties. All captions, headings or titles in the paragraphs or sections of this Lease are inserted
for convenience of reference only and shall not constitute a part of this Lease or act as a limitation
of the scope of the particular paragraph or sections to which they apply. Construction of this Lease
shall not be affected by any determination as to who is the drafter of this Lease, this Lease having
been drafted by mutual agreement of the parties.
15.14 Keys. Tenant is currently in possession of six (6) keys to the Tenant's Premises, and which
shall also work for the exterior doors of the Clubhouse and the Clubhouse entrance gate. If Tenant
desires additional keys Tenant shall provide notice to Landlord prior to making any duplicate keys.
Any duplicate keys made shall be done at Tenant's sole expense. Should Tenant desire to change
the lock to their Premises, Tenant's must first obtain Landlord's approval which shall not be
unreasonably denied. Any changing of the Tenant's premises lock, including making of any and
all keys shall be done at Tenant's sole expense. Should Tenant elects to change the lock to Tenant's
Premises, Tenant will provide a copy of the new key to Landlord at no charge to Landlord. All
Tenant keys shall be provided to Landlord immediately upon expiration or earlier termination of
this Lease.
15.15 Authoritv. Each party hereto warrants that it has the authority to enter into this Lease and
to perform its obligations hereunder and that all necessary corporate action to authorize this
transaction has been taken, and the signatories, by executing this Lease, warrant that they have the
authority to bind the respective parties.
City ofAtiburn/Bogey's
Auburn Golf Course Clubhouse Restaurant Lease —RES 5910 Page 25 of 30
Docusign Envelope ID: ECCF2C87-90D2-8DF4-81CA-AE4ECE74646D
15.16 Counterparts. This Lease may be executed in one or more counterparts, each of which
shall be deemed to be an original but all of which, taken together, shall constitute one and the same
agreement.
15.17 Attachments.
Exhibit A-1 — Depiction of Clubhouse main floor
Exhibit A-2 — Depiction of Clubhouse Basement
Exhibit B — Tenant's Property
Rent Schedule Augustl, 2026 — October 31, 2029
ARTICLE 16:
SIGNATURE
By signing in the space below, the TENANT ACKNOWLEDGES HAVING READ AND
UNDERSTOOD AND AGREES TO THE CONTENTS OF THIS AGREEMENT.
TENANT
LONGHORN BARBECUE
OUTPOST, INC.
DocuSigned by:
af(L
ODA985A10933429—
Matthew Altick, Owner
DocuSigned by:
ONO a oaus—bf,�Krfy
David Allen Davis, Owner
LANDLORD
CITY OF AUBURN
Nanc Bacgis, or
Appro as to Form. `
Jas n Whalen, City of Auburn Attorney
City ofAubitrit /Bogey's
Aubum Golf Course Clubhouse Restaurani Lease — RES 5910
Page 26 of 30
Docusign Envelope ID: ECCF2C87-90D2-8DF4-81CA-AE4ECE74646D
Exhibit A-1
Clubhouse Main Floor
Premises
. ... ... ... ...
FAW(LAK411
NORTH
-,NALK UP VAND018
\AXLK-11?
IER
AR
'MX
A\
NORTH
VERANDA
HALL KTC EN
DJO\ 01
...........
M
RESTAURANT
r102'' I
. ......... . .. .. .... ... .....
LOBBY
VOED
..................
VERAN A ............
PRO SHOP --),
OFFICE II'SiORW
1 -1,o
RMAURAVI - PA110
2 Wlia RRERALCE
PATIO
BANQUET ROOM NORTH
LO3 A,,1
BANQUET ROOM SOUTH
01)) qfAuburn lBogey's
Auburn Golf Course Clubhouse Restaurant Lease —,RES 5910 Page 27 of 30
Docusign Envelope ID: ECCF2C87-90D2-8DF4-81CA-AE4ECE74646D
Exhibit A-2
Clubhouse Basement
Premises Cont.
Terinxit �,,,torage roorti
LocaLioii of walk -hi cooler
ajid additiotialstorage
.,for 1'e-nant use;
I
Ed
W
t, 62
rRY,,Y�Ir�H I wryrj.C,
I !EXIT PeR ]a_, IMAIM) 22A
11wV,
4
�T
F—
Tenut server rooni
ifocaboii of FIVAC
�'Ulliis wid liotwatcr fiank
servitig kitchca)
'area
City of Auburn lBogey's
Auburn Golf Course Clubhouse Restaurant Lease —RES 5910 Page 28 of 30
Docusign Envelope ID: ECCF2C87-90D2-8DF4-81CA-AE4ECE74646D
Exhibit B
Tenant's Property
1. Televisions and any mounting apparatuses located within the kitchen or
restaurant seating area (Rooms 101 & 102)
2. Point of Sale "POS" system located within the restaurant seating area (Room
102)
3. Telecommunications & network equipment located within the Tenant's
server room
4. Hostess station located within the restaurant seating area (Room 102)
5. Restaurant utensils, supplies, cookware, crockery, glassware, silverware,
serving equipment, chaffing dishes, and mobile bar
6. Barstools in the bar area, chairs on the patio and tables & chairs in the
banquet room (Room 102 & t03 (a) & (b)), and patio
7. Tenant merchandise or decor (excluding lighting fixtures) located in the
kitchen or restaurant seating area (Rooms 101 & 102)
8. Tenant signage
City of Auburn /Bogey's
Auburn Golf Course Clubhouse Restaurant Lease — RES 5910 Page 29 of 30
Docusign Envelope ID: ECCF2C87-90D2-8DF4-81 CA-AE4ECE74646D
Rent Schedule
August] 2026 — October 31, 2029
Rent
Monthly
Leasehold
Monthly
Schedule
Base Rent
Excise Tax
Total*
Aug. 2026
$300
$385.20
$3,385.20
September 2026
$6,500
$834.60
$7,334.60
Oct. — Dec. 2026
$4,500
$577.80
$5,077.80
Jan. — April
2027, 2028 &
$4,500
$577.80
$5,077.80
2029
May — Sept.
2027, 2028 &
$6,500
$834.60
$7,334.60
2029
October 2029
$4,500
$577.80
$5,077.80
* Amounts shown above are further subject to Additional Rent if any
City ofAtiburn /Bogey's
Auburn Golf'Course Clubhouse Restaurant Lease — RES 5910 Page 30 of 30
Docusign Envelope ID: 7703452B-4E2F-8901-83B9-8A9FFBCF40EC
LEASE TERMINATION AGREEMENT
(Longhorn Barbecue Outpost, Inc., D/B/A Bogey's Public House)
This Lease Termination Agreement ("Agreement") is effective as of the 3 "t day of July,
2026 (the "Termination Date"), by and between The City of Auburn, a Washington municipal
corporation ("Landlord" or "City") and Longhorn Barbecue Outpost, Inc., a Washington for profit
corporation, d/b/a Bogey's Public House ("Tenant" or "Bogey's").
I. RECITALS
1. Landlord and Tenant originally entered into a Concessionaire Agreement (lease)
for the restaurant and banquet space dated April 20th, 2015, which was further amended on March
3rd, 2021 ("First Amendment"), March 3 Pt, 2021 ("Second Amendment") and again on April 28th,
2022 ("Third Amendment"). Collectively the Concessionaire Agreement and amendments are
defined as the "Lease"; and
2. The termination of this Lease and the execution of a new replacement lease is
ratified through the approval of Resolution 5910 of the Auburn City Council.
NOW, THEREFORE, in consideration of the foregoing and other good and valuable
consideration, Landlord and Tenant agree as follows:
II. AGREEMENT
1. Termination. The Lease between Landlord and Tenant, including any option
rights thereunder, shall terminate on the day prior to the execution of the new replacement
lease (the "Termination Date"), and shall be subject to the Auburn City Council's adoption of
Resolution 5910 and the terms of the replacement lease, attached as Exhibit B to Resolution
5910, and execution of said replacement lease by both the City and Bogey's.
This Lease shall remain in full effect until the foregoing has been completed.
2. General Provisions.
a. Time is of the essence in the performance of the parties' respective obligations
set forth in this Agreement.
b. This Agreement constitutes the entire understanding of the parties and all prior
agreements, representations, and understandings between the parties, whether
oral or written. The parties acknowledge that each party has had the opportunity
to have independent legal review and/or its counsel have reviewed and revised
this Agreement and that no rule of construction to the effect that any ambiguities
are to be resolved against the drafting party shall be employed in the
interpretation of this Agreement or any amendments or exhibits to this
Agreement or any document executed and delivered by either party in
connection with this Agreement.
City ofAuburn /Bogey's
Termination to Lease Agreement Dated April 20, 2015 (as Amended) —RES 5910 Page 1 of 3
Docusign Envelope ID: 77C3452B-4E2F-8901-83B9-8A9FFBCF40EC
c. This Agreement shall be construed under Washington law and venue for any
claims arising out of this Agreement shall be in King County, Washington.
d. If for any reason, any provision of this Agreement shall be held to be
unenforceable, it shall not affect the validity or enforceability of any other
provision of this Agreement.
e. This Agreement, including Exhibits and/or addenda, if any, expresses the entire
agreement of the parties and supersedes any and all previous agreements
between the parties with regard to the Premises and the Lease. There are no
other understandings, oral or written, which in any way alter or enlarge its
terms, and there are no warranties or representations of any nature whatsoever,
either expressed or implied, except as may be set forth herein.
f. This Agreement may be executed in counterparts. All executed counterparts
shall constitute one agreement, and each counterpart shall be deemed an
original.
g. The parties hereto agree that each party shall be responsible for their own
attorneys' fees and costs incurred in the negotiation for and preparation of this
Agreement. In the event any dispute between the parties over the terms of this
Agreement results in litigation, venue shall be in Pierce County and the
prevailing party in any such action shall be reimbursed by the non -prevailing
party for all reasonable costs and expenses, including, without limitation,
reasonable attorneys' and experts' fees and costs incurred by the prevailing party
in connection with such litigation or other proceeding and any appeal thereof.
Such costs, expenses and fees shall be included in and made a part of the
judgment recovered by the prevailing party, if any, including any appeal.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date first
above written.
[SIGANTURES ON THE FOLLOWING PAGE]
City ofAuburn/Bogey's
Termination to Lease Agreement Dated April 20'h, 2015 (as Amended) —RES 5910 Page 2 of 3
Docusign Envelope ID: 77C3452B-4E2F-8901-83B9-8A9FFBCF40EC
LANDLORD: TENANT:
City of Auburn Longhorn Barbeque Outpost, Inc.
�y �(�� , DocuSigned by:
By: Y�.�{i By
�t,U/ QUA
Nancy Ba s, ayor Mattiew t�atic, Owner
DocuSigned by:
A rove to fo By:
David' AIMn Davis Owner
Jason Whalen, City Attorney
City of Auburn /Bogey's
Termination to Lease Agreement Dated April 20'h, 2015 (as Amended) —RES 5910 Page 3 of 3