HomeMy WebLinkAbout4144RESOLUTION NO. 4 1 4 4
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE AN
AGREEMENT BETWEEN THE CITY OF AUBURN
AND KAVA, LLC FOR CONCESSIONS AT THE
AUBURN GOLF COURSE
WHEREAS, the City of Auburn is the owner of the Auburn Golf Course
located at 29630 Green River Road in Auburn, Washington; and
WHEREAS, the City of Auburn is the owner of the concession buildings
located at the Auburn Golf Course; and
WHEREAS, the City has a need for concession services at the Auburn
Golf Course and Kava, LLC has the ability to provide for those services at a
cost that is acceptable to the City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
KING COUNTY, WASHINGTON, HEREBY RESOLVES as follows:
Section 1. The Mayor of the City of Auburn and the Auburn City Clerk
are hereby authorized to execute an Agreement between the City of Auburn
and Kava, LLC for concession services at the Auburn Golf Course which
agreement shall be in substantial conformity with the Agreement a copy of
which is attached hereto, marked as Exhibit "A" and incorporated herein by this
reference.
Resolution No. 4144
January 9, 2007
Page 1 of 2
Section 2. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directives of
this legislation.
Section 3. This resolution shall be in full force and effect upon
passage and signatures hereon.
Dated and Signed this ~ day of ~ ~~~``'` , 2007.
CITY OF AUBU ~~
PET B. LEWIS
MAYOR
ATTEST:
Dan~'Felle E. Daskam, City Clerk
Resolution No. 4144
January 9, 2007
Page 2 of 2
AUBURN GOLF COURSE RESTAURANT
CONCESSION AGREEMENT
This agreement ("Agreement") is entered into by and between the CITY OF AUBURN, a
municipal corporation of the State of Washington (hereinafter referred to as the "C~") and KAVA,
LLC (hereinafter referred to as the "Concessionaire").
WITNESSETH, that in consideration of the mutual promises, covenants and agreement
contained herein, the parties hereby agree as follows:
I CONCESSION RIGHTS GRANTED
The City hereby grants to the Concessionaire for the term and upon the conditions and provisions
contained herein the exclusive restaurant, lounge, catering, and beverage/snack cart concession
rights at the Auburn Golf Course located at 29630 Green River Road, Auburn, Washington, legally
described in Exhibit B attached hereto and incorporated herein by reference. The facilities available
to the Concessionaire to carry on all activities authorized in this Agreement shall be located within
the Club House and shall hereinafter be referred to as the "Concession Areas" and shall include the
use and control of spaces as described in Exhibit "G" attached hereto and incorporated herein by
reference, and shall include the Restaurant-Lounge (Room 102), Kitchen (Room 101), Banquet
Room (Room 103), Storage (Room 104), Patio, Interior Rest Rooms (Rooms 110 and 111),
Restroom Hallway (Room 112) Lobby/Hospitality Area (Room 109) as shown on the floor plan
attached as Exhibit A attached hereto and incorporated by reference. In addition, the City grants the
Concessionaire the exclusive right to operate abeverage/snack cart on the golf course. The City
reserves the right, and Concessionaire acknowledges the City's right, for the golf course pro shop to
sell drip coffee, bottled water, prepackaged snacks, health bars, and candy bars. The City reserves
the right and the Concessionaire acknowledges the City's right to sell breakfast items, such as, but
not limited to bagels, donuts, and orange juice when the Concessionaire is not open or is scheduled
to be closed for the breakfast period.
II TERM OF CONCESSION AGREEMENT
This agreement shall commence on the 13th day of March, 2007, and shall expire on the 31St
day of December, 2014. Provided that Concessionaire is not then in default of this Agreement,
Concessionaire shall have right to further extend the lease for an additional seven (7) years,
provided the City and the Concessionaire mutually agree upon modifications (if any) to those fees
and assessments contained in Article III of this Agreement, and further agree upon any facility
restorations, improvements, or upgrades that result from the evaluation of facility conditions,
potential improvements or alterations, including agreement upon how such restorations,
improvements, or upgrades shall be paid. Notification of the Concessionaire's intent to exercise
provisions for this lease must be issued by the Concessionaire to the City by formal written notice,
not later than one hundred eighty (180) days prior to the expiration of the initial term of this
Agreement. If the seven (7) year extension is sought, the terms of this Agreement, or any revisions
thereto when mutually agreed to by the City and Concessionaire shall apply to the additional seven
(7) year period.
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CONCESSION AGREEMENT
III CONCESSION FEES
Concession Fees (defined below in Article III E.) shall be paid to the City by the
Concessionaire as follows:
A. For the period running from the Commencement Date through the first twelve (12)
complete calendar months following thereafter the Concessionaire shall pay the City the following
percentage of the Gross Receipts:
Restaurant /Lounge (including beverage cart)
Catering/Room Rental:
Out Catering:
3% of the first $600,000 in Gross Receipts and
6% thereafter
6% of the first $100,000 in Gross Receipts and
9% thereafter
4% of Gross Receipts
The payments of a percentage of Gross Receipts, as set forth above, are hereinafter referred to as the
"Percenta eg Fees."
B. In accordance with state law, a leasehold tax shall be charged in lieu of payment of
property tax on the Fees and Costs that constitute the rental, which leasehold tax shall be paid to the
City. by the Concessionaire on the 15th day of each month following the first day of operations
during the term of this agreement, which leasehold tax shall be calculated at a rate of 12.84%
("Leasehold Tax").
C. The term "Gross Receipts" shall include the total amount in dollars of the actual price
charged, whether for cash or on credit, for all sales by Concessionaire for merchandise, food,
beverages, services, gift or merchandise certificates, rentals, and all other receipts from business
conducted at, in, on, about or from the Concession Areas, but shall not include the following:
(a) sales of gift or merchandise certificates until converted to a sale by redemption on the
Concession Areas; (b) any sums collected and remitted for any retail sales tax, retail excise tax or
general excise tax imposed by any duly constituted governmental authority and separately stated to and
collected from customers; (c) any exchange of goods or merchandise between the stores of
Concessionaire where such exchange of goods or merchandise is made solely for the convenient
operation of the business of Concessionaire; (d) any cash or credit discount, allowance or refund made
upon any sale; (e) any sales of fixtures and equipment which are not a part of Concessionaire's stock in
trade; (f) the sales price of meals provided to employees; (g) the portion of meals provided to
customers pursuant to coupons or other promotional programs or devices (to the extent that
Concessionaire receives no payment therefor or for the coupon or promotional programs or device);
(h) tips or gratuities paid by customers to or for the benefit of Concessionaire's employees which are
retained by Concessionaire's employees; (i) the portion of the receipts from any vending machines or
other coin- or token-operated device that Concessionaire must remit to any third party for providing
and/or stocking said machine or device, excluding any vending machines located inside the Pro Shop;
(j) the price charged for sales to purchasers who, by reason of canceled credit cards, bad checks, and
AUBURN GOLF COURSE CLUBHOUSE Page 2 of 31
CONCESSION AGREEMENT
the like, do not pay for the same; (k) interest, service, finance or sales carrying charges applicable to
credit transactions; (1) postage, parcel post freight, express or other delivery charges paid in connection
with any mail order sales; (m) layaways until the sale is completed or the deposit abandoned by the
customer; provided, any forfeited deposits shall be reported as sales; (n) occasional bulk sales of
inventory, including damaged or aged merchandise to commercial customers or jobbers; and (o)
insurance proceeds for damaged furniture, improvements, fixtures, equipment and merchandise.
D. Concessionaire shall deliver to the City on or before the 20th day of each month
following the first day of operations (1) a written report (a monthly point of sales report) for the
prior calendar month period of all Gross Receipts from concessions for such period in a form
reasonably approved by the City, (2) remit payment to the City for the Percentage of Fees for such
period calculated in accordance with Article III A. above and (3) leasehold tax in accordance with
Article III B. If the monthly Percentage Fees payment is not received by the 20th of each month,
then the Concessionaire shall pay a late charge of ten percent (10%) of the applicable month's
Percentage Fees.
E. The Percentage Fees and .Leasehold Tax are referred to collectively as the
"Concession Fees." All required payments of Concession Fees and the monthly Gross Receipt
reports shall be delivered to the:
Finance Director
Auburn City Hall
25 West Main
Auburn, WA 98002
IV OPERATIONS AND SERVICE
A. The Concessionaire shall:
1. Provide the number of personnel (in Concessionaire's sole, reasonable judgment) to
adequately manage and staff the Restaurant portion of the Concession Areas. Personnel
shall include a manager, whose principal employment responsibility shall be the
management of this Restaurant and who shall spend a majority of his/her hours on site at
the Restaurant.
2. Prepare the application for, and assume responsibility for all costs and expenses of, the
obtaining the appropriate license issued by the Washington State Liquor Control Board.
Concessionaire shall abide by the rules and regulations of the Liquor Control Board
relative to any such licenses. The City shall cooperate in the application including,
without limitation, executing any reasonable, appropriate documents as "owner" of the
Concession Areas that may be required in conjunction with such application.
3. Provide complete food services, in compliance with all applicable health and food
service regulations, in and from the Restaurant for a minimum of eight (8) consecutive
hours per day during each day of golf course operations, which include most holidays
and all weekends; provided, that limited food service as reasonably approved by the City
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CONCESSION AGREEMENT
may be provided during the period(s) when remodeling and equipment installation is
taking place. Food service shall not be limited at any other time without prior written
approval of the City. The Concessionaire shall determine which actual hours during
each day the Restaurant shall be open.
4. Keep the areas for which the Concessionaire is responsible under this Agreement open
and use them to transact business with the public daily during hours designated by the
Concessionaire. Holidays the Concession Areas may be closed are Christmas Eve,
Christmas Day, New Year's Day, and Thanksgiving Day. Subject to the approval of the
City, the Concessionaire may, upon posting a written notice to the public of not less than
one week, close the restaurant and lounge for a reasonable period of time for repairs or
remodeling as authorized, for taking inventory, or to accommodate construction by the
City of public improvements.
5. Provide necessary advertising to publicize the Restaurant, Lounge and Banquet Room
and establish an advertising program acceptable to and approved by the City's Director
of Parks and Recreation Department or designee. The City shall not unreasonably
withhold its approval of an advertising program proposed by the Concessionaire
provided it is in conformance with applicable laws and regulations, is generally accepted
as advertising practices for similar business operations, and reflects community
standards.
B. The entire facility, including the outdoor patio, shall be smoke free.
C. The City shall allow the Concessionaire to operate beverage/snack cart(s) ("Beverage
Cart") on the golf course. The Beverage Cart may serve and sell alcoholic beverages, food items,
and sundries. The Beverage Cart shall be operational on at least the following days: Friday through
Sunday from April ls~ through April 30th; seven (7) days per week from the first day of May
through Labor Day; Friday through Sunday from the day after Labor Day through September 30th;
provided, that the Beverage Cart need not be operational during inclement weather. The City shall
provide gasoline for the operation of the Beverage Cart.
D. The Concessionaire shall establish all prices for goods and services provided by
Concessionaire in the Concession Areas and Beverage Cart, subject to the right of the City to
periodically review the price schedules for all food and beverages to ensure competitive pricing with
other golf course concessions.
E. The Concessionaire may not subcontract all or any portion of the Concession Areas
or Beverage Cart operations.
F. All signs (entry, interior, exterior) and graphics placed upon or affixed to any of the
Concession Areas shall be subject to the prior written approval of the City, which approval shall not
be unreasonably withheld, conditioned or delayed. The Concessionaire shall submit detailed plans
and secure any needed permits/approvals for all exterior and interior signs. In all cases, signage shall
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CONCESSION AGREEMENT
be consistent in size, color, lettering and theme to the clubhouse design and regular park signage and
specifications, and in accordance all governmental regulations.
G. The Concessionaire shall use reasonable, good faith efforts to communicate to and
coordinate with golf course management staff all reservations and "private" function activities in the
Concession Areas so as to avoid unreasonable conflicts with golf course events and activities. If the
Concession Areas and the golf course have both scheduled events that will need use of the parking
lot, then the event scheduled to begin first shall have priority for use of the parking lot -unless the
City and the Concessionaire can reach an agreement on shared use for the events. Concessionaire
shall maintain at all times readily accessible, up-to-date scheduling records associated with the
Restaurant and Banquet Room.
H. The following shall be excluded from the Concessionaire's operation:
1. Non-food products unless approved by the City;
2. Vending machines unless approved by the City (provided, however, that Concessionaire
shall be allowed to install and maintain one (1) cash machine in the Concession Areas);
and
3. Video games or gambling devices unless approved by the City.
V RELATED RIGHTS
The City shall have the right at any time to establish necessary, reasonable rules and
regulations in the use of the facility, grounds, golf course, and proximate areas provided that the
City shall give thirty (30) days written notice to Concessionaire prior to imposing such rules and
regulation. The rules and regulations may include, but are not limited to, the following:
A. The minimum number of hours that the Restaurant, Lounge, and restrooms are to be
open to the public, provided that in no event shall Concessionaire be required to operate the
Restaurant or Lounge more than eight (8) hours per day.
B. General rules of conduct regarding use of the Restaurant, provided that such rules
shall be consistent with the spirit of this Agreement and the operation of a first-class restaurant
operation, and shall not materially increase Concessionaire's operating costs.
C. The City reserves the right to use the Banquet Room for ten (10) events annually, at
no fee to the City. Up to four (4) of the ten (10) uses may be for non-golf related City events. The
City shall schedule such Banquet Room events in writing with Concessionaire not less than thirty
(30) days prior to the planned event date, and scheduling shall be subject to events scheduled by
Concessionaire prior to receipt of the City's scheduling notice. The City shall use Concessionaire's
food and beverage services and shall pay scheduled prices for any food, beverages or services
provided to the City during its use of the Banquet Room.
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CONCESSION AGREEMENT
The City shall retain all rights to make improvements to the Club House building to enhance
access or use. Prior to commencing any such improvements, the City shall give the Concessionaire
not less than thirty (30) days prior written notice of the nature and schedule of such improvements in
order for Concessionaire to review and comment on the proposed improvements. The City shall
review and duly consider the comments of the Concessionaire and other relevant information prior
to making a final decision regarding the completion of the improvements. The City shall use best
efforts to minimize disruption, construction-related dust, and to otherwise not interfere with
Concessionaire's operations in the Concession Areas. The City shall not unreasonably interfere
with access to the Premises by Concessionaire, its employees, vendors, and customers.
VI PRICES AND WEIGHTS
Concessionaire and its employees shall not make or permit any misrepresentation as to kind,
quality, weight or price of food, beverages or merchandise offered for sale, nor refuse to sell the
same, which have been displayed or advertised (except due to unavailability of the particular item or
running out of stock).
VII SECURITY SERVICES
Any electronic security measures of the Concessionaire Area shall be the responsibility of
the Concessionaire.
VIII UTILITIES
The City and Concessionaire shall pay for utility charges in accordance with the division of
rooms/facilities set forth in Exhibit "G" of this agreement. Utility charges include charges for water,
sewer, electricity, Metro utility, natural gas, and garbage. The City shall provide phone services to
the Concessionaire in accordance with Exhibit "G" of this Agreement.
IX CAPITAL IMPROVEMENTS
A. The City shall provide the Concessionaire Area with the items detailed in Exhibit
"C" attached hereto and incorporated herein by reference.
B. The Concessionaire shall provide the Concessionaire Area with tenant improvements
as detailed in Exhibit "D" attached hereto and incorporated herein by reference. The City shall
provide the Concessionaire two hundred seventy five thousand dollars and no/100 ($275,000.00)
toward the completion of the tenant improvements as outline in Exhibit D. If the tenant
improvements in Exhibit "D" exceed the City's two hundred seventy five thousand dollars and
no/100 ($275,000), the Concessionaire shall be responsible for any additional costs. Any prepaid
deposit requests made by the Concessionaire shall be the sole responsibility of the Concessionaire if
the vendor does not deliver or perform the desired goods or services.
If the tenant improvements in Exhibit "D" are completed and there are additional funds
available, the Concessionaire may use those funds to purchase additional tenant improvements for
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CONCESSION AGREEMENT
the Concession Area, provided that any such expenditures shall be itemized and documented, and
that upon termination or cancellation of the Concessionaire's lease or other arrangements for
operation of the Auburn Golf Course Clubhouse Restaurant, the items specifically acquired with the
balance of the City's two hundred seventy five thousand dollars and no/100 ($275,000) shall remain
at the restaurant and shall not be available for the Concessionaire to take or remove upon the
termination or cancellation of the lease.
Any tenant improvement listed in Exhibit "D" or purchased from the City's $275,000 shall
become the property of the City upon termination or expiration of this Agreement. The
Concessionaire shall not be required to remove or pay the cost of removal of any alterations,
fixtures, or tenant improvements identified in Exhibit "D", at the expiration or earlier termination of
the lease.
C. Concessionaire shall, prior to commencing formal planning for any facility
alterations, improvements or construction (interior or exterior), submit to the City's Director of
Parks, Arts and Recreation a concept proposal paper including preliminary sketches of such work.
If approved by the Director of Parks, Arts and Recreation, the Concessionaire may then submit to
the City in writing, formal plans for alterations, improvements, and construction along with a
breakdown of costs for such improvements.
D. All plans submitted are subject to the approval of the City prior to commencement of
any alteration, improvements or construction. The City agrees to promptly review said plans, and if
the alterations, improvements, and construction are acceptable, to promptly approve the same, and
the plans as approved shall be attached to an executed copy of this Agreement and incorporated
herein.
E. All work performed shall be done to the satisfaction of the City and shall be carried
out in a manner that minimizes impact upon the use of the golf course by the public. The
Concessionaire shall be responsible for obtaining all governmental permits and meeting all code
requirements and shall submit copies of the same to the City or its representative prior to
commencing any construction on the Concession Areas.
F. The City may conduct inspections of any capital improvement work at any time to
assure itself that such work is in accordance with the plans approved by the City. In the event any
such work is not according to plans as then approved by the City, the City shall send a Notice of
Non-Compliance to the. Concessionaire. In the event the Concessionaire fails to make corrections
within twenty (20) days after the Concessionaire's receipt of such Notice of Non-Compliance, the
City may make whatever corrections necessary to bring such work into compliance with the plans as
approved, and shall charge the Concessionaire for all reasonable costs of such corrective work.
G. All alterations, improvements, and construction shall become the property of the City
upon termination or expiration of this Agreement and shall be installed solely at the
Concessionaire's expense unless the City expressly agrees in writing to contribute toward the costs
thereof. Notwithstanding any provision to the contrary contained herein, upon termination of this
Agreement, Concessionaire shall have the right to de-identify the Concession Areas by removing all
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CONCESSION AGREEMENT
brand-identity elements such as proprietary signage, custom lighting, trade fixtures, and personal
property related to the Concessionaire's restaurant brand. In addition, Concessionaire shall have the
right to remove, upon expiration of this Agreement the items listed in Exhibit "E" hereto unless
those items were purchased with left over funding from Exhibit "D".
X CUSTODIAL/MAINTENANCE
A. Concessionaire shall, at all times, keep the Concession Area and locations identified
in Exhibit "G" as being the Concessionaire's responsibility in a neat, clean, safe and sanitary
condition, and in compliance with all applicable codes and in accordance to the standards set forth
in Exhibit "F" attached hereto and incorporated herein by reference. Concessionaire shall keep the
glass of all windows and doors clean and presentable, furnish all cleaning supplies and materials
needed to operate the Concession Areas in a manner prescribed in this Agreement, and provide all
necessary janitorial services to adequately maintain Concession Areas. The City or a representative
of the City may inspect the Concession Area at any reasonable times to ensure that the terms and
conditions of this Agreement are being complied with.
B. Concessionaire shall be responsible for all maintenance in the Concession Areas and
shall repair and replace all damage arising out of its use, or the use of its patrons, of the concession
areas. The Concessionaire will perform all repairs and normal periodic maintenance and servicing
as recommended by the manufacturer or as required by any local fire code, for the following: range
hood duct work, exhaust fans, hood fire suppression system, and kitchen make-up air ductwork.
Maintenance shall include scheduled cleaning and servicing (following manufacturer's
recommendations), refinishing and painting of the interior of the Concession Areas specifically
including the restaurant, lounge, kitchen, banquet room, and interior restrooms and patio areas. The
City or a representative of the City may inspect the Concession Area at any reasonable times to
ensure that the terms and conditions of this Agreement are being complied with.
C. The City shall maintain the building structure (including roof, structural elements,
exterior walls, doors and windows), foundation, Heating Ventilation and Air Conditioning (HVAC)
system (does not include kitchen range ventilation, make up air and exhaust system), electric power
lighting panels and distribution circuits, plumbing system, including plumbing fixtures; provided,
that any damages or repairs to any of the above-described building structures which are the result of
the Concessionaire's negligent or intentional acts shall be the responsibility of the Concessionaire.
The City acknowledges that it is responsible for the construction and installation of the plumbing
system, including the dishwasher drain and any grease traps. The City shall provide and maintain
for the use of the Concessionaire, its patrons and employees, the parking lots on the golf course
property, which shall be used in common with patrons of the golf course. To the extent reasonably
necessary, the City shall endeavor to remove accumulations of snow and ice from the parking lot
and from the walkways leading to the clubhouse.
D. The Concessionaire and the City shall each have a representative attend meetings as
needed to discuss and resolve any maintenance problems or concerns.
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CONCESSION AGREEMENT
XI INSTALLATION OF EQUIPMENT
A. Concessionaire shall, at no expense to the City, install, on or by the date the
Concession Areas are open to the public, the restaurant/lounge furnishings and kitchen equipment
described on Exhibit "E" attached hereto and incorporated by reference. All such equipment shall
remain the property of the Concessionaire under the conditions and provisions of this Agreement.
XII HAZARDOUS SUBSTANCES
A. As used herein, the term "Hazardous Substance" means any hazardous, toxic, or
dangerous substance, waste, or material, which is or becomes regulated under any federal, state, or
local statute, ordinance, rule, regulation, or other law now or hereafter in affect pertaining to
environmental protection, contamination, or cleanup (collectively, "Environmental Laws").
B. The Concessionaire shall keep in a location in the Concession Areas accessible to the
City during normal business hours copies of all reports regarding hazardous or toxic materials in the
Concession Areas that the Concessionaire has provided to any governmental agency in the previous
quarter. The Concessionaire shall, upon request and at the Concessionaire's sole expense, provide
the City with a copy of any such report. In the event of any accident, spill, or other incident
involving Hazardous Substances that the Concessionaire is required to report to any governmental
agency, the Concessionaire shall immediately report the same to the City and supply the City with
all information and reports with respect to the same, together with the Concessionaire's clean-up or
remediation plan and schedule. If such clean-up or remediation plan is not acceptable to the City,
the City may so notify the Concessionaire and, upon 48 hours prior written notice (or without notice
if the City determines that an emergency situation exists) may enter on the Concession Areas to
conduct the cleanup or remediation and charge the Concessionaire the costs thereof. All information
described herein shall be provided to the City regardless of any claim by the Concessionaire that it is
confidential or privileged, provided that the City shall not publish or disclose the information to any
third party except as pursuant to Chapter 42.17 RCW.
C. Indemnification: The Concessionaire agrees to hold harmless, protect, indemnify,
and defend the City from and against any damage, loss, claim, or liability; INCLUDING reasonable
attorney's fees and costs; resulting from the Concessionaire's use, disposal, transportation,
generation, and/or sale of any Hazardous Substances. The City agrees to hold harmless, protect,
indemnify, and defend the Concessionaire from and against any damage, loss, claim, or liability,
including attorney's fees and costs, resulting from (a) Hazardous Substances existing on the
Concession Areas as of the date of execution of this Agreement; or (b) Hazardous Substances
thereafter used, disposed of, or generated on the Concession Areas by the City; or (c) Hazardous
Substances used, disposed of, or generated on the Concession Areas by any third party unrelated to
the Concessionaire. These indemnities will survive the termination of this Agreement, whether by
expiration of the Term or otherwise.
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CONCESSION AGREEMENT
XIII TERMINATION
A. The parties may terminate this Agreement at any time by mutual execution of such
written termination agreement as may be negotiated between the parties.
B. The City may terminate this Agreement and take immediate possession of the
Concession Areas in the event that the Concessionaire shall have failed to perform any of the
covenants or conditions of this Agreement and such default or deficiency in performance was not
remedied by the Concessionaire within thirty (30) days after receiving notice in writing stating with
reasonable specificity the nature of the default or deficiency and the City's intention to terminate if
not corrected; provided, however, that in the event of a default or deficiency that the City determines
is of a nature requiring more than thirty (30) days to remedy, the Concessionaire shall not be in
default so long as the City determines that the Concessionaire undertakes to remedy the default or
deficiency within the 30-day period and thereafter diligently pursues completion of the remedy.
This Article XIII B. shall not apply where the Concessionaire's failure to perform in a timely
manner was caused by the Concessionaire's inability to secure necessary governmental permits,
excluding licenses from the Washington State Liquor Control Board. The Concessionaire may
terminate this Concession Agreement upon thirty days written notice to the City in the event the
Concessionaire is unable to secure the governmental permits necessary to the use of the Concession
Areas proposed herein.
C. In addition, upon providing written notice to the Concessionaire, the City may
immediately terminate this Agreement and take immediate possession of the Concession Areas in
the event that the Concessionaire shall have been convicted of committing or engaging in or found
to have committed or engaged in any illegal activity as a part of the concession operations, including
the willful failure to pay all taxes and required fees, whether the finding is by a court of competent
jurisdiction or by the City following due process and investigation separate and apart from any
formal judicial process.
D. In the event that after termination or expiration of the term of this Agreement, as
provided herein, the Concessionaire has not removed its property and fixtures within the time
allowed under Article XIII E, the City may, but need not, remove said personal property and hold it
for the owners thereof, or place the same in storage, all at the expense and risk of the owners
thereof, and the Concessionaire shall reimburse the City for any expense incurred by the City in
connection with such removal and storage. The City shall have the right to sell such stored property,
without notice to the Concessionaire, after it has been stored for a period of thirty (30) days or more.
The proceeds of such sale shall be applied first to the cost of such sale, second to the payment of the
charges for storage, and the third to the payment of any other amounts which may then be due from
the Concessionaire to the City, and the balance, if any, shall be paid to the Concessionaire.
Notwithstanding any provision to the contrary contained herein, the City's and the Concessionaire's
rights under this Article shall be subject to the applicable laws of the State of Washington.
E. Upon termination or expiration of the term of this Agreement, the Concessionaire
shall remove all it goods, wares and merchandise from the Concession Areas and shall remove any
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CONCESSION AGREEMENT
equipment or fixtures placed therein by the Concessionaire pursuant to the terms of any written
Agreement providing for removal by the Concessionaire upon expiration. The Concessionaire shall
have twenty (20) days to complete removal of such property from the Concession Areas. The
Concessionaire shall restore any areas damaged by the installation of fixtures or equipment to the
condition of the area before installation occurred, reasonable wear and tear excepted. No fixtures or
improvements or additions to the Concession Areas shall be removed unless previously agreed in
this Agreement or a separate writing signed by both parties.
F. Upon termination or expiration of the term of this Agreement, the Concessionaire
shall surrender the Concession Areas to the City and promptly surrender and deliver to the City all
keys that it may have to any and all parts of the Concession Areas. The Concessionaire shall
surrender the Concession Areas to the City in as good condition as at the date of execution of this
Agreement, except for the effects of reasonable wear and tear, alterations and repairs made with the
concurrence of the City, and property damage caused by risks insured against under fire, extended
coverage and vandalism insurance in current practice.
XIV STANDARDS OF CONDUCT
A. The Concessionaire recognizes that, although it is operating the concession facilities
as an independent operator for profit, the City's Department of Parks, Arts and Recreation is
organized and exists for the purpose of maintaining park and recreation facilities for the use and
enjoyment of the general public. The Concessionaire and its employees will devote their best efforts
toward rendering courteous service to the public as though the Concessionaire and its employees
were employees of the City, with a view of adding to the enjoyment of the patrons of this
recreational facility.
B. The Concessionaire shall operate and conduct the concessions in the Concession
Areas in a business like manner, and will not permit any acts or conduct on the part of the
Concessionaire's employees that would be detrimental to the City's image and operation of the golf
course.
C. All of the Concessionaire's personnel shall be dressed in neat appearing attire, which
shall include a standard uniform and shirt logo for the Concessionaire's personnel that shall
uniquely identify a Concessionaire's employee but which shall not in any way infer association with
or depict representation of the City.
XV COMPLIANCE WITH LAWS
The Concessionaire, its officers, employees, and agents shall comply with applicable federal,
state, county, and local laws, statutes, rules, regulations, and ordinances, in performing its
obligations under this Agreement. Such compliance shall include abiding by all applicable federal,
state and local policies to ensure equal employment opportunity based on ability and fitness to all
persons regardless of race, creed, color, national origin, religion, sex, sexual orientation, marital
status, families with children, physical handicaps or age. The Concessionaire shall comply with
applicable laws, standards, and regulations pertaining to employment practices and employee
AUBURN GOLF COURSE CLUBHOUSE Page 11 of 31
CONCESSION AGREEMENT
treatment. Conditions of the Federal Occupational Safety and Health Act of 1970 (OSHA), and the
Washington Industrial Safety and Health Act of 1973 (WISHA). The Concessionaire agrees to
indemnify and hold harmless the City from all damages assessed for the Concessionaire's failure to
comply with the Acts and Standards issued thereunder. The Concessionaire is also responsible for
meeting all pertinent local, state and federal health and environmental regulations and standards
applying to any operation in the performance of this Agreement.
XVI ACCESS TO BOOKS AND RECORDS
A. The City or its agents shall have the right to examine and inspect the books and
records of the Concessionaire for the purpose of validating Gross Receipts reports, and any other
matters related to the performance of the Agreement. If the Concessionaire conducts business
operations at a location outside the Concession Areas, the Concessionaire shall adopt an accounting
system to accurately reflect the Gross Receipts and expenses derived from the Concession Areas to
include beverage/snack cart sales. The Concessionaire shall record all Restaurant sales using
systems which electronically and/or digitally record and identify the dates of sales and the types and
amounts of each transaction (so-called "point of sale" or "POS" systems). The electronic and/or
digital POS system data files from the Concession Areas may be required to be turned in to the City
and are also subject to annual on-site inspections. All electronic and/or digital POS system data
files are to be maintained for two (2) years.
B. The Concessionaire shall provide to the City within one hundred five (105) days of
the end of a calendar year, a copy of its State Business &Occupations (B&O) Tax Report for the
previous year. No certified copy of an annual report shall be required. The City shall not pay the
Concessionaire for preparation of any of the financial records or State B&O Tax Report that will be
provided to the City.
XVII PHOTOGRAPHS
Either party shall have the right without liability to the other to make photographs or motion
pictures of the facilities, grounds, golf course, and proximate spaces, activity therein, and/or displays
or exhibits.
XVIII ADDRESSES FOR NOTICES
Except for payments and Gross Receipt reports as directed by Article III D. above, any
notice required or permitted hereunder must be in writing and will be effective upon the earlier of
personal delivery or three days after being mailed by certified mail, return receipt requested,
addressed to the CONCESSIONAIRE or to the CITY at the address for that party designated herein.
Either party may specify a different address for notice purposes by written notice to the other. All
notices shall be delivered to the following addresses:
To the City at the following address:
AUBURN GOLF COURSE CLUBHOUSE Page 12 of 31
CONCESSION AGREEMENT
Office of the Mayor
Auburn City Hall
25 West Main Street
Auburn, WA 98001
And to the Concessionaire at the following address:
3110 Sumner Tapps Highway East
Lake Tarns, WA 98391
With a copy to:
Copper Door Restaurant & Bar
29630 Green River Road
Auburn, WA 98092
XIX ASSIGNMENT OF AGREEMENT
The City and the Concessionaire each agree to be bound to the other party in respect to all
covenants, agreements, and obligations contained in this contract. Neither party shall assign the
contract in part or as a whole, without the written consent of the other, which consent shall not be
unreasonably withheld, conditioned or delayed. The Concessionaire shall not subcontract any of the
Concession Areas, services, facilities, or equipment, or delegate any of its duties under this
Agreement without the prior written approval of the City, which approval shall not be unreasonably
withheld, conditioned or delayed.
XX EQUALITY OF TREATMENT
A. The Concessionaire shall comply with all applicable Federal, State, County, and City
laws, ordinances, rules and regulations regarding nondiscrimination and shall conduct its business in
a manner which assures fair, equal and nondiscriminatory treatment at all times in all respects to all
persons without regard to race, color, religion, sex, sexual orientation, disability or the use of a
trained dog guide or service animal by a disabled person, age, or national origin. No person shall be
refused service, be given discriminatory treatment, or be denied any privilege, use of facilities or
participation in activities on the Concession Areas on account of race, color, creed, sexual
orientation, marital status, families with children, disability or the use of a trained dog guide or
service animal by a disabled person, religion, sex, age or national origin.
B. The Concessionaire shall comply with all applicable Federal, State, County, and City
laws, ordinances, rules and regulations regarding nondiscrimination in employment and shall not
discriminate in employment on the basis of creed, families with children, race, color, national
origin, sex, sexual orientation, religion, age, marital status, or disability or the use of a trained dog
guide or service animal by a disabled person, except for employment actions based on bona fide
occupational qualification.
AUBURN GOLF COURSE CLUBHOUSE Page I3 of 31
CONCESSION AGREEMENT
XXI CASUALTY TO OR DEMOLITION OF CONCESSION AREAS
The parties agree that the primary use of the premises is the operation of a golf course.
Secondary to that use is the concession that is the subject to this Agreement. The parties recognize
that some one or more of these uses may be interfered with or prevented because of fire, earthquake,
flood, storm, landslide, act of war, vandalism, theft or other extraordinary casualty.
A. Material Damage. If the Concession Areas are damaged or destroyed by fire or any
casualty which cannot, despite diligent, good faith efforts be repaired or restored within two
hundred seventy (270) days following the date on which such damage occurs, then the
Concessionaire may elect to terminate the Agreement effective as of the date of such damage or
destruction. Within thirty (30) days after the date of such damage, the parties shall determine how
long the repair and restoration will take. After that determination has been made, the
Concessionaire shall have an additional period of thirty (30) days to terminate the Agreement by
giving written notice to the City.
B. Repair After Damage. If the Concessionaire does not give notice of the
Concessionaire's election to terminate as provided in Article XXI A, above, and within the time
periods so provided, then the City shall, subject to the provisions of this Article, immediately
commence and diligently pursue to completion the repair of such damage so that the Concession
Areas and the Golf Course Property are restored to a condition of similar quality, character and
utility for the Concessionaire's purposes, including restoration of all items described on Exhibit "C"
and Exhibit "D" existing in the Concession Areas prior to such damage. Notwithstanding anything
contained herein to the contrary, if the Concession Areas or the Golf Course property is not repaired
and restored within one hundred eighty (180) days from the date of the damage, the Concessionaire
may cancel the Agreement at any time before the City completes the repairs and delivers the
restored Concession Areas to the Concessionaire. If the Concessionaire does not so terminate, the
City shall continue to restore the Concession Areas.
C. Uninsured Damai;e. In addition to the Concessionaire's rights to terminate this
Agreement as provided in Article XXI A, above, if damage or destruction is caused by a peril not
required to be insured against hereunder and for which insurance proceeds are not available, either
the City or the Concessionaire may terminate this Agreement by thirty (30) days written notice to
the other of its election so to do and the Agreement shall be deemed to have terminated as of such
date unless the other party agrees in writing to pay for such repairs or restoration.
XXII NO LIENS OR ENCUMBRANCES
It is mutually understood and agreed that the Concessionaire shall have no authority, express
or implied, to create or place any lien or encumbrance of any kind or nature whatsoever upon, or in
any manner to bind, the interest of the City in the Concession Areas or to charge the rentals payable
hereunder for any claim in favor of any person dealing with the Concessionaire, including those who
may furnish materials or perform labor for any construction or repairs, and each such claim shall
affect -and each such lien shall attach to, if at all, only the right and interest granted to the
AUBURN GOLF COURSE CLUBHOUSE Page 14 of 31
CONCESSION AGREEMENT
Concessionaire by this Agreement. If any such liens are filed, the City may, without waiving its
rights and remedies for breach, and without releasing the Concessionaire from its obligations
hereunder, require the Concessionaire to post security in form and amount reasonably satisfactory to
the City or cause such liens to be released by any means the City deems proper, including payment
in satisfaction of the claim giving rise to the lien. The Concessionaire shall pay to the City upon
demand any sum paid by the City to remove the liens. Further, the Concessionaire agrees that it will
save and hold the City harmless from any and all loss, cost, or expenses based on or arising out of
the asserted claims or liens, against this Agreement or against the right, title, and interest of the City
in the Concession Areas or under the terms of this Agreement, including reasonable attorney's fees
and costs incurred by the City in removing such liens, and in enforcing this Article. Additionally, it
is mutually understood and agreed that this Article is intended to be a continuing provision
applicable to future repairs and improvements after the initial construction phase.
XXIII INSURANCE
A. Fire, Earthquake, & Casualty Insurance: During the term of this Agreement and any
extension thereof, the City shall maintain a property insurance policy on the Auburn Golf Course
building in the amount of the replacement cost of the building, including the Premises, restrooms
and hallways, for damage from fire, earthquake and other perils. Said insurance policy shall also
insure the replacement value of the kitchen equipment, other equipment provided or owned by the
City and tenant improvements provided by the Concessionaire pursuant to Exhibit "D" to this
Agreement. The proceeds on a claim against said insurance policy for damage to the building,
Premises, personal property provided by the City, or tenant improvements pursuant to Exhibit "D",
shall be used to repair damage to the building and the Premises and to repair or replace any damaged
personal property provided by or for the City.
The Concessionaire shall be responsible for maintaining its own fire and hazard insurance on
personal property and leasehold improvements placed within the Premises and owned by the
Concessionaire. All personal property of any kind or description whatsoever in the Concession
Areas shall be at the Concessionaire's sole risk, and the City shall not be liable for any damage done
to, or loss of, such personal property.
B: Liability Insurance: Not less than thirty (30) days prior to the date of the
Concessionaire's entry onto the Concession Areas, the Concessionaire, at its own expense shall
obtain and file with the City's Risk Manager a Certificate of Insurance evidencing commercial
general liability insurance coverage ("CGL") providing coverage of at least $1,000,000 per
occurrence and $2,000,000 general aggregate.
CGL insurance shall be written on Insurance Services Office (ISO) occurrence form CG 00
O1 and shall cover premises, products/completed operations, broad form property damage,
independent contractors, personal injury/advertising liability, and contractual liability. The City
shall be named as an additional insured on the Concessionaire's Commercial General Liability
insurance policy using ISO Additional Insured-Managers or Lessors of Premises Form CG 20 11, or
a substitute endorsement providing equivalent coverage. This Certificate of Insurance and a copy of
the amendatory endorsement, including, but not necessarily limited to, the additional insured
AUBURN GOLF COURSE CLUBHOUSE Page 15 of 31
CONCESSION AGREEMENT
endorsement, evidencing the insurance requirements of the Concessionaire shall be subject to
approval by the City's Risk Manager as to company, terms and coverage, and said approval shall not
be unreasonably withheld.
The CGL policy shall remain in full force and effect at the Concessionaire's sole expense for
liability for property damage or personal injury that may occur in connection with activities or
omissions by the Concessionaire or its patrons, and provide coverage for the full term of this
Agreement. The Concessionaire shall insure that the City's Risk Manager is given thirty (30)
calendar days prior written notice, by certified mail, of any cancellation, lapse, reduction or
modification of such insurance. The insurance policies are to contain, or be endorsed to contain that
The Concessionaire's insurance coverage shall be primary insurance as respect to the City. Any
Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the
Concessionaire's insurance and shall not contribute to it. The Concessionaire shall have the right to
maintain a deductible level of up to $5,000.
C. Release and Waiver of Subro atg_ ion: Any policy of insurance carried by either the
City or the Concessionaire pursuant to any obligation under this Agreement, shall, to the extent
available, contain a waiver of subrogation clause on the part of the insurer. Such waiver shall apply
to damages to adjacent property. Notwithstanding any other provision of this Agreement, neither the
City nor the Concessionaire shall be liable to the other party or to any insurance company (by
subrogation or otherwise) insuring the other party for any loss or damage to any building, structure
or tangible personal property of the other occurring in or about the Concession Areas, even though
such loss or damage might have been occasioned by the negligence of such party, its agents or
employees, if such loss or damage is covered by insurance issued by an insurance carrier authorized
or licensed by the Insurance Commissioner of the State of Washington to issue lines of insurance,
benefiting the party suffering such loss or damage or was required under the terms of this
Agreement to be covered by insurance by the party covering the loss.
XXIV HOLD HARMLESS, INDEMNIFICATION, & INDUSTRIAL INSURANCE
A. Hold Harmless & Indemnification: Each parry hereto agrees to be responsible and
assumes liability for its own wrongful or negligent acts or omissions, or those of its officers, agents,
or employees to the fullest extent required by law. Each party agrees to save, indemnify, defend, or
hold the other party harmless against all liability, loss, damages, and expenses, including costs and
attorney's fees, resulting from actions, claims and lawsuits arising or alleged to have arisen, in
whole or in part, out of or in consequence of the acts or failures to act of the other party, its
employees, its subcontractors, its agents, or its assigns, which arise in any way out of the
performance of this Agreement. In the case of negligence of both the City and the Concessionaire,
any damages allowed shall be levied in proportion to the percentage of negligence attributable to
each party, and each party shall have the right to seek contribution from the other party in proportion
to the percentage of negligence attributable to the other party.
B. Industrial Insurance: The Concessionaire expressly waives any immunity under
industrial insurance whether arising from Title 51 of the Revised Code of Washington (RCW) or
any other statute or source, to the extent of the indemnity set forth in this Article.
AUBURN GOLF COURSE CLUBHOUSE Page 16 of 3I
CONCESSION AGREEMENT
The City expressly waives any immunity under industrial insurance whether arising from Title 51 of
the Revised Code of Washington or any other statute or source, to the extent of the indemnity set
forth in this Article.
C. Extent of Indemnification: In the event that the Concessionaire is successful in
proving that any of the indemnity provided for herein is limited by RCW 4.24.115, the
Concessionaire shall defend, indemnify and hold harmless the indemnities to the full extent allowed
by RCW 4.24.115. In no event shall the Concessionaire's obligations hereunder be limited to the
extent of any insurance available to it. Likewise, in the event that the City is successful in proving
that any of the indemnity provided for herein is limited by RCW 4.24.115, the City shall defend,
indemnify and hold harmless the indemnities to the full extent allowed by RCW 4.24.115. In no
event shall the City's obligations hereunder be limited to the extent of any insurance available to it.
XXV RELATIONSHIP OF PARTIES
A. Concessionaire Independent Contractor: The parties intend that an independent
contractor relationship shall be created by this Agreement. Nothing contained herein shall create the
relationship of principal and agent or of partnership or of joint venture between the parties hereto,
and neither the method of computation of consideration nor any other provision contained herein
shall be deemed to create any relationship between the parties hereto other than the relationship of
the City as granting a concession to the Concessionaire. The Concessionaire has the experience,
ability, and resources to develop and operate restaurant facility and is performing independent
functions and responsibilities within its field of expertise. The Concessionaire and its personnel are
independent contractors and not employees of the City. No agent, employee, servant, or
representative of the Concessionaire shall be deemed to be an employee, agent, servant or
representative of the City. The Concessionaire and its personnel have no authority to bind the City
or to control the City's employees. As an independent contractor, the Concessionaire is responsible
for its own management. The City's administration and enforcement of this Agreement shall not be
deemed an exercise of managerial control over the Concessionaire or the Concessionaire's
personnel.
B. No Third Party Rights Created: It is mutually understood and agreed that this
Agreement is solely for the benefit of the PARTIES hereto and gives no right to any other party.
XXVI PERMITS, LICENSES, TAXES AND FEES
A. The Concessionaire shall obtain and at all times maintain a current Auburn Business
License and shall obtain all liquor, health, and all other regulatory licenses and permits as may be
required or become necessary, including all construction and building permits, necessary to fulfill
the Concessionaire's obligations under this Agreement at the Concessionaire's sole expense. Each
party agrees to execute such additional or other documents as may be required to fully implement
the intent of this Agreement.
AUBURN GOLF COURSE CLUBHOUSE Page 17 of 31
CONCESSION AGREEMENT
B. As an independent contractor, the Concessionaire shall be solely responsible for all
taxes, fees and charges incurred, including but not limited to license fees, business and occupation
taxes, workers' compensation and unemployment benefits, all federal, state, regional, county and
local taxes and fees, including income taxes, leaseholder taxes, permit fees, operating fees,
surcharges of any kind that apply to any and all persons, facilities, property, income, equipment,
materials, supplies or activities related to the Concessionaire's obligations under this Agreement.
XXVII WAIVER
Failure to enforce any provision of this Agreement shall not be deemed a waiver of that
provision. No waiver of any right or obligation of either party hereto shall be effective unless in
writing, specifying such waiver, executed by the party against whom such waiver is sought to be
enforced. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of
any other right or power.
XXVIII ADVERTISING
The Concessionaire shall submit for the City's approval, not to be unreasonably withheld, all
advertisements for commercial vendors related to the concession operation.
XXIX REMEDIES
In addition to all other remedies provided by law, the parties hereto agree that the actual
damages suffered by the City may be difficult to calculate and, in the event of the abandonment of
the premises by the Concessionaire or entry by the City because of breach or default by the
Concessionaire, the Concessionaire shall leave behind all of the Tenant Improvements identified in
Exhibit "E" except for items numbered one (1) through five (5) which shall remain with the
Concessionaire.
XXX COSTS & ATTORNEY'S FEES
In any action brought to enforce any provision of this Agreement, including actions to
recover sums due or for the breach of any covenant or condition of this Agreement, or for the
restitution of the Concession Areas to the City or eviction of the Concessionaire during the term or
after expiration thereof, the substantially prevailing party shall be entitled to recover from the other
party all reasonable costs and reasonable attorney's fees incurred, including the fees of accountants,
appraisers, and other professionals, at trial or on appeal, and without resort to suit.
XXXI ARTICLE HEADINGS, GENDER, & NUMBER
Article headings are not to be construed as binding provisions of this concession; they are for
the convenience of the parties only. The masculine, feminine, singular and plural of any word or
words shall be deemed to include and refer to the gender and number appropriate in the context.
AUBURN GOLF COURSE CLUBHOUSE Page 18 of 31
CONCESSION AGREEMENT
XXXII ENTIRE AGREEMENT
This Agreement and its Exhibits constitutes the entire agreement between the parties, and
the Parties acknowledge that there are no other agreements, written or oral, that have not been set
forth in the text of this Agreement.
XXXIII CHOICE OF LAW & VENUE
This Agreement shall be interpreted according to the laws of the State of Washington. Any
judicial action to resolve disputes arising out of this Agreement shall be brought in King County
Superior Court.
XXXIV ARBITRATION
Any controversy or claim arising out of or relating to this Agreement, or its breach, shall be
settled by arbitration administered by the American Arbitration Association under its Commercial
Arbitration Rules then in effect. The decision of the arbitrator(s) is final and judgment thereon may
be enforced by any court of competent jurisdiction. Notwithstanding the foregoing, either party may
seek injunctive relief in Washington state court.
XXXV MODIFICATION
This Agreement may only be modified by written instrument signed by both parties.
XXXVI ILLEGAL PROVISIONS - SEVERABILITY
Should any part of this Agreement be found void, illegal, or unenforceable, the balance of
the Agreement shall remain in full force and effect.
XXXVII COUNTERPARTS
This Agreement may be executed simultaneously in two or more counterparts, each of which
shall be deemed an original, but all of which together shall constitute one and the same instrument.
XXXVIII RECORDING
Upon the execution of this Agreement the City will cause this Agreement to be recorded
with the land use records of King County, Washington.
(Signatures appear on the following page)
AUBURN GOLF COURSE CLUBHOUSE Page 19 of 31
CONCESSION AGREEMENT
IN WITNESS WHEREOF, this A reement has been entered into between the City of
Auburn and V ~..~ , as of the ~ day of ~t.,k~t.. , 200.
KAVA,LLC
A Washington corporation
By:
George Filiss, Manager
CITY OF AUBURN
A Washingt mu ' al co
t
By: -'~'
Peter B. Lewis, Mayor
ATTEST:
Cit Clerk
LIST OF EXHIBITS
Exhibit A -Architectural Floor Plan with Numerical Identification of Rooms/Spaces
Exhibit B -Legal Description of Auburn Golf Course Property
Exhibit C -Improvements Provided by the City
Exhibit D -Tenant Improvements Provided by the Concessionaire via the City's $275, 000
Allowance
Exhibit E -Tenant Improvement Provided by the Concessionaire
Exhibit F -Janitorial Schedule
Exhibit G -Rights in Use and Control of Facility Spaces with Apportioning of Utility,
Maintenance and Custodial Costs
AUBURN GOLF COURSE CLUBHOUSE Page 20 of 31
CONCESSION AGREEMENT
STATE OF WASHINGTON
COUNTY OF KING
ss.
I certify that I know or have satisfactory evidence that PETER B. LEWIS is the person who
appeared before me, and said person acknowledged that she signed this instrument, on oath stated
that she was authorized to execute the instrument and acknowledged it as the Mayor of the CITY
OF AUBURN to be the free and voluntary act of such party for the uses and purposes mentioned in
the instrument.
Given under
seal this ~~~day of Li , 200
~~.. ~~~~ c1 -fir' ~7
Type/Print 1~Iame ~~~i~ „ ~'~ k.C'. ~//~--~
E Notary Public in and for the
c State of Washington residing at < < w .
My Commission expires U~ • Z i ~ 1 ~=' / I
STATE OF WAS`I!~~ )
ss. ~~~s
COUNTY OF KIN ~ ) ~~ ~ S
rr~
On this ~ day of ~~'~'~ , 200, before me personally appeared, fo me
known to be th~„~!a as ington corporation, that executed the within and foregoing instrument and
acknowledged e said instrument to be the free and voluntary act and deed of said corporation for
the uses and purposes therein mentioned, and on oath stated that he was authorized to execute and in
fact executed said instrument on behalf of the corporation.
1H--'
Given under my hanc~~dbfF~ial seal this l3 day of ~~~••"~ , 200.
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~ ,,,.... S , ~ cis, ~.,dCc,. ~ ~,s'~
~~~~~SStorv F+A ~ ~,~~ Type/Print Name
o ~ o aOTARy 9~ :~' ~'~lotary Public in and for the ~,,, }
~•-~ ~' ~ Mate of Washington residing at L`''?'tdc ~~^-~
'; cn~:. ~UF--~C' .~~2 %~VIy Commission expires /G'LS~7
~~~~ ~~ WA~~~~=
AUBURN GOLF COURSE CLUBHOUSE Page 21 of 3 I
CONCESSION AGREEMENT
EXHIBIT "A"
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AUBURN GOLF COURSE CLUBHOUSE Page 22 of 31
CONCESSION AGREEMENT
EXHIBIT "B"
Legal Description of Property
052105 11 Government Lot 61ess county road together with west 1/2 of southwest 1/4 subject to
transmission line right-of--way as identified in King County, Washington Tax Parcel Identification
Number 0521059011.
AUBURN GOLF COURSE CLUBHOUSE Page 23 of 3 I
CONCESSION AGREEMENT
EXHIBIT "C"
Provided by the City
The City shall provide and/or install to the Concessionaire Area the following:
HVAC & Exhaust System
1. Hood exhaust duct work
2. Hood Exhaust fans
3. Hoods
4. Hood Fire Suppression & interlock
5. Kitchen Make-up air & ductwork
6. Restaurant/ Lounge HVAC
7. Kitchen HVAC & Ductwork
8. HVAC controls
Gas
1. Gas piping stub in to kitchen only
2. Exterior Propane Tanks and Gas meter
3. Gas piping from stub to all Free Standing Equipment ("FSE")
Plumbing
1. Stub in plumbing waste & supply lines to kitchen
2. Kitchen water heater
3. Exterior Grease trap
4. Kitchen floor sinks, drains in floor
5. Supply hot and cold water to all sinks and equipment with a shut off valve
Electrical
1. Electrical Panel stub in to kitchen/Restaurant
2. Electrical wiring from Panel to disconnects
3. Wall Outlets in restaurant
4. Ceiling mounted lighting (no specialty lighting)
5. Golf PA & CCTV system
6. Burglar alarm System for the main entrance and Golf Pro Shop
7. Data Cabling (telephone lines, computer connection, etc.)
8. Provide data outlets and Terminate Data Cabling
9. Patio lighting
10. Outdoor lights and electrical wiring
11. Provide adequate power for the bar including ceiling junction boxes and wall outlets
12. Stub electrical in dining room for Concessionaire to power wall sconces
AUBURN GOLF COURSE CLUBHOUSE Page 24 of 31
CONCESSION AGREEMENT
EXHIBIT "C"
Provided by the City
Finishes
1. Wood base, casing for windows, and doors
2. Aluminum doors into kitchen
3. Fiberglass Reinforced Plastic "FRP" in Kitchen
4. Tile floor and carpeting
5. Gypsum Wall Board "GWB" Walls
6. Suspended ceiling in the Concession Areas
7. Interior paint and stain of trim
8. Interior signage excluding the Concession Areas
9. All roof penetrations and flashing
10. Exterior patio and patio lighting
11. Non-combustible cook line wall
AUBURN GOLF COURSE CLUBHOUSE Page 25 of 31
CONCESSION AGREEMENT
EXHIBIT "D"
Tenant Improvements Provided by the Concessionaire
via $275,000 City Allowance
The City shall make available two hundred and seventy five thousand dollars and no/100 ($275,000)
for the Concessionaire to use toward tenant improvements for the following purposes:
1. To connect Free Standing Equipment ("FSE") to gas
2. Plumbing waste & supply piping from stub to FSE
3. Plumbing connection of FSE
4. Electrical connection of FSE
5. Major FSE as detailed in the quote provided by Bargreen-Ellingson (attached November 2,
2006 Quotation)
6. Stand alone Freezers/Coolers
7. Freezers/Coolers Walk-ins
8. Including interior & exterior condensers
9. Refrigeration lines
10. Condensate lines for FSE
11. All sheet & stainless metal items (stainless steel wall flashing under the hood systems is part
of the hood system and is the city's responsibility)
12. Shelving
13. Installation & Delivery of all equipment
14. Bar & Back Bar
15. All Cabinetry
16. Booth walls
17. Booths
18. Interior & exterior tables and chairs
19. Interior & exterior service stations
20. Fireplace ($4,500 allowance)
AUBURN GOLF COURSE CLUBHOUSE Page 26 of 31
CONCESSION AGREEMENT
EXHIBIT "E"
Tenant Improvements Provided by the Concessionaire
The Concessionaire shall contribute necessary funds for improvements to the Auburn Golf Course
Clubhouse Restaurant for the following improvements:
1. Televisions
2. Point of Sale "POS" system
3. Music System
4. Utensils, supplies, cookware, crockery, glassware, silverware, serving equipment, Chaffing
dishes, all banquet equipment
5. Hostess station
6. Design Consulting
7. Specialty lighting
8. Interior Decorating
9. Soda lines
10. Burglar Alarm system
11. Data Equipment
12. Speakers
13. Tables and chairs for Banquet facility
14. Portable bars
15. Wine Cabinetry
16. Signage
In addition, the Concessionaire shall have the right to remove, upon expiration of this Agreement
the items listed in Exhibit "E" hereto unless those items were purchased with left over funding from
Exhibit "D".
AUBURN GOLF COURSE CLUBHOUSE Page 27 of 31
CONCESSION AGREEMENT
EXHIBIT "F"
JANITORIAL STANDARDS FOR CONCESSIONAIRE
The Concessionaire shall at all times and at no expense to the City, keep the Concession Areas in a
neat, clean, safe and sanitary condition. The Concessionaire shall at all times keep the glass of all
windows and doors clean and presentable (both interior and exterior); furnish all cleaning supplies,
materials and equipment needed to operate the Concession Areas in a manner prescribed in this
Agreement; and provide all necessary janitorial service to adequately maintain the Concession Areas
on the frequency schedule made part of this Exhibit, which by this reference is incorporated herein.
The City through its representative shall conduct periodic inspections of the Concession Area and
shall notify the Concessionaire in writing to make changes in maintenance methods. The
Concessionaire shall make changes and/or repairs within the time, or times, indicated by the City.
The Concessionaire shall contract with a qualified pest control company to control the rodent
population around the Premises. The Concessionaire may provide for janitorial services by contract
with a third party, which shall be subject to this Agreement and the prior written approval of the
City.
The Concessionaire shall provide a list of emergency phone numbers including those of any firms
performing contract maintenance to contact in case of emergency, (e.g. fire extinguishing system
maintenance or alarm company).
The Concessionaire shall provide fire extinguishers and other items required by the Fire Department
in the Concession Area. All kitchen equipment must be approved for use by the Building/Fire
Departments.
FREQUENCY SCHEDULE CONCESSIONAIRE AREA
Including, but not limited to the following:
Daily
1. Empty all trash including patio receptacles and place in dumpster. Brush and/or wipe
wastebaskets. Wash wastebaskets as needed.
2. Dust all desks, tables, counters, files, telephones, and other furniture within reach. Remove
any spillage as needed.
3. Wash table tops, counters and all surfaces.
4. Sweep/damp mop all epoxy floors. Remove spillage on all floors each night.
5. Replace burned out light bulbs.
6. Pick up trash, dump trash container to primary dumpster located in parking lot. Keep the
surrounding area of the dumpster free of debris.
7. Spot clean marks and smudges from walls, especially doors, around push plates, and light
fixtures.
AUBURN GOLF COURSE CLUBHOUSE Page 28 of 31
CONCESSION AGREEMENT
EXHIBIT "F"
JANITORIAL STANDARDS FOR CONCESSIONAIRE
8. Keep storage areas neat and clean.
9. Vacuum carpeted areas and all entry mats. Spot clean as required.
10. Sweep clean patio areas.
11. Clean door glass.
12. Provide litter control for any litter generated through the use of the restaurant, lounge, and
banquet facilities out to service road.
Weekly
1. Perform high dusting such as upper walls, ventilator grills. Perform high dusting of piping,
floor and window casings, and other surfaces not done on a more frequent basis.
2. Use damp cloth or dust rag to clean the interior and outer surfaces of all lights.
3. Dust/clean all walls.
4. Clean grease trap and drain.
5. Maintain area around compactor/dumpster off kitchen area. If utilized, maintain the
compactor/dumpster and area within the fenced enclosure of the parking lot.
6. Hose down patio area.
7. Hose down dumpster area off kitchen (daily if needed).
Monthly
1. Clean interior and exterior window and door glass.
Quarterly to Semi-Annually
1. Clean carpet.
Semi-Annually To Annually
1. Pressure wash the patio prior to season use.
2. Grease holding tank pumped annually.
Periodic
Range hood, bar, and refrigerator to receive normal periodic maintenance and on an as-needed basis
per the manufacturer's specifications.
AUBURN GOLF COURSE CLUBHOUSE Page 29 of 31
CONCESSION AGREEMENT
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NOV 2,2006
QUOTATION
Page 1 of 11
AUBNOP
Project:
Aubum
From:
Jason Stratton
Bargreen-Ellingson-Tacoma
6626 Tacoma Mall Blvd
Tacoma, WA 98409
(253) 475-9201 Fax (253) 473-1875
To:
Peppe Nappo
WA
(253) 232-4409
Plumbing and electrical by others.
Item Qty Description Sell Each Sell Total
0 1 WALK-!N ITEMS AND INSTALL
102 1 REFRIGERATION INSTALL
1 1 BEER COOLER
Peppe -Self contained units were actually about $1000.00 more, I think
we could just place the refrigeration outside next to the units.
2 1 WALK-IN COOLER/FREEZER COMBO
Included in item # 1
3 1 REFRIGERATION PACKAGE
To include refrigeration and evaporators.
4 1 WIRE SHELVING
5 2 ea SHELF, WALL-MOUNTED
Shelf, wail-mounted, aluminum, 11-118" wide, 5 feet long, knocked down
type
Bargreen-Ellingson- Tacoma
NOV 2,2006 Auburn Page 2 of 11
AUBNOP
Item Qty Description Sell Each Sell Total
6 2 ea WORK TABLE, 72" LONG
Work Table, 24"W x 72"L, 16 ga type 430 s/s top w/4-1/2" backsplash,
rolled front edge, sq. tumdown ends, 18 ga galy. adjust. undershelf, 1-
5/8" O.D. 16 ga galy. legs, adj. high impact plastic bullet feet
7 1 ~ REFRIGERATED COUNTER, SANDWICH TOP
Sandwich/Salad Unit, 19.0 cu.ft., (12)1/6 size (4"D) poly pans, s/s insul.
cover,11-3/4"D cut'g board, s/s topffront/sides, alum. back, (3) doors, (6)
shelves, white~alum. int'r w/300 ss floor, 5" castors, 1/2Hp, 115/60/1,
NSF-7
Warranty - 5 year compressor (self-contained only)
Warranty -1 year parts and labor
8 1 ea FREEZER REACH-IN
Freezer, Reach-in, One-Section, Self-Contained Refrig. w/Microprocessor
contrd, s/s front & half height doors (hinged left), anodized aluminum
sides & interior, (3) epoxy coated shelves (factory installed), 6" high
casters, Energy Star rated, UL & NSF listed,115v
1 1 yr service/labor & 5 yr compressor warranty (std.)
1 NOTE: Door hinging must be determined & proper model selected before
order is placed
9 1 ea WORK TABLE, 72" LONG
Work Table, 30"W x 72"L, 16 ga type 430 s/s top w/4-1/2" backsplash,
rolled front edge, sq. tumdown ends, 18 ga galy. adjust. undersheff, 1-
5/8" O.D. 16 ga galy. legs, adj. high impact plastic bullet feet, Uni-Lok®
system
10 1 ea SHELF, WALL-MOUNTED
Shelf, wall-mounted, aluminum, 11-1/8" wide, 5 feet long, knocked down
type
11 1 ea WORK TABLE, 72" LONG
Work Table, 30"VII x 72"L, 16 ga type 430 s/s top w/4-1 /2" backsplash,
rolled front edge, sq. turndown ends, 18 ga galy. adjust. undershelf, 1-
5/8" O.D. 16 qa galy. legs, adj. high impact plastic bullet feet, Uni-Lok®
system
12 1 ~ SHELF, WALL-MOUNTED
Shelf, wall-mounted, aluminum, 11-118" wide, 5 feet long, knocked down
type
13 1 ea SLICER, FOOD
Food Slicer, gravity feed, manual, 13" dia. s/s knife, permanent knife
guard, table mounted sharpener, 1/2 hp
1 115v/60/1 ph, std.
14 1 ~ MIXER/SLICER STAND
'a Mixer Stand, 30" x 24" x 24"H, 16 ga. 304 s/s flat top, galvanized legs &
undershelf, adj. feet, Uni-Lok® system
Bargreen-Ellingson- Tacoma
NOV 2,2006 Auburn Page 3 of 11
AUBNOP
Item Qty Description Sell Each Sell Total
~. 15 1 ~ MIXER, FOOD
1 115v160/1 ph, std.
16 1 ea SINK 2-COMPARTMENT
Fabricated Economy Sink, 72" x 24" OA, 2 compartment, 18" right & left
drainboards, bowl size 18" x 18" x 14"deep, l6/304 s/s, the edge splash,
rolled edge, faucet holes on 8" centers, s/s legs, 1" adj. s/s bullet feet,
NSF
17 1 ea SHELF, WALL-MOUNTED
Shelf, wall-mounted, aluminum, 11-1/8" wide, 5 feet long, knocked down
type
17.1 1 ea FAUCET
Sink Mi~ang Faucet, with 12" swing nozzle, wall mounted, 8" centers on
sink faucet with 1/2" IPS eccentric flanged female inlets, lever handles
18 1 ea SINK, HAND
Hand Sink, wall model, 14 314" x 18 7/8" w/71/2" backsplash, s/s
constr'n, splash mount gooseneck faucet, basket drain, deep-drawn
seamless design-positive drain, NSF approval
20 2 ~ REFRIGERATED COUNTER, WORK TOP
Work Top Refrigerator, Three Section, 19 cu. ft., (6) shelves, 300 series
s/s top w/rear splash, door & sides, white alum. interior w/300 series s/s
floor, 5" castors, rear mount, 1/3 HP, 115v/80/1
1 Warranty - 5 year compressor (self-contained only)
1 Warranty -1 year parts and labor
0 1 COOKLINE EQUIPMENT
20.1 - 26
20.1 2 ea RANGE, RESTAURANT, GAS, 36"
Range, 36" Restaurant, Gas, (6) 26,000 BTU open burners w/matte black
porcelain top grates & burner heads, standard oven w/(1) rack, s/s front,
sides, backriser, high shelf and 6" legs, 314" rear gas connection
wlregulator, 191,000 BTU
1 Gas type to be specified
1 1 year limited parts & labor warranty, std.
21 1 ea BROILER, GAS, CHAR-TYPE COUNTER
Charbroiler, Gas, Law Profile Countertop, 47"W, (8) cast iron reversible
grates w/slope one side, cast iron radiants, individual infinite burner
controls, pilot ignition system, s/s front, sides, top rim and grease trough,
3/4" rear gas connection w/pressure regulator, 4" adjustable legs,
116,000 BTU
1 Gas type to be specified
1 1 year limited parts & labor warranty, std.
Bargreen-Ellingson- Tacoma
NOV 2,2006 Auburn Page 4 of 11
AUBNOP
Item Qty Description ~ Sell Each Sell Total
22 1 ea REFRIGERATED COUNTER, GRIDDLE STAND
Refg. Chef Base, Three-Section, 95-1/2"L, one-piece 18-ga. s/s top wP'V"
edge, s/s front/sides, white alum. int'r w/300 series s/s floor, t4) drawers
[accom. (3)12"x20"x4" pans, NOT incl.], 4" castors, 1/3Hp,115/60/1
1 Warranty - 5 year compressor (self-contained only)
1 Warranty -1 year parts and labor
23 1 ea GRIDDLE, COUNTER UNIT, GAS
Griddle, 48"Achiever, Counter Unit, Gas, 3/4" thick 48" W x 24" D
polished steel griddle plate, infinite heat control valve per 12" of width, s/s
front, sides & 4"front top ledge, 4" adj. legs, 3/4" rear gas connection
w/regulator, 120,000 BTU
1 Chrome griddle plate (not available grooved)(Contactfaaory for pricing)
1 Natural gas
1 1" plate in lieu of 3/4" standard plate
24 1 ea WORK TABLE, 24" LONG
Work Table, s/s top, 30" wide top, without splash, 24" long, with
galvanized undershelf and posts, 36" high, 16 gauge, type 400 stainless
25 1 ea FRENCH FRY WARMER, ROD TYPE
Glo-Ray® Portable Foodwarmer, with special stand for food holding pans,
with metal sheathed element, 500 watts, 4.4 amps
1 NOTE: Includes 24/7 parts & service assistance, call 800-558-0607
120v, 1-ph, NEMA 5-15P
26 2 ea FRYER, GAS
Solstice Fryer, gas, heavy duty floor model, 40-50 Ib. fat cap., Millivolt
thermostat, s/s tank, front & sides,110,000 BTU
Gas type to be determined
27 1 ea CONVECTION OVEN, GAS
Convection Oven, Gas,1-deck, standard depth, solid state controls,
electronic spark igniter, 25-3/4" high legs, s/s front, top and sides, s/s
door with window, 44,000 BTU
1 Gas type to be specified
1 115v/1-ph w/6' cord 8~ plug std.
1 1 year limited parts i3< labor warranty, std.
28 1 ea WORK TABLE, 48" LONG
Work Table, s/s top, 30" wide top, without splash, 48" long, with
galvanized undershelf and posts, 36" high, l6 gauge, type 400 stainless
28.1 1 ea DROP-IN SINK
Sink Bowl, 1 compartment, 19"W x 12-3/4"L x 9-1/2"D, heavy gauge s/s,
#302004 deck mounted gooseneck faucet, basket drain, mounting
hardware
28.2 1 SPLASH GUARD
To modify stock worktable to add drop in sink and add splashguards.
Bargreen-Ellingson-Tacoma
NOV 2,2006 Auburn Page 5 of 11
AUBNOP
Item Qty Description Sell Each Sell Total
29 1 ea REFRIGERATED COUNTER, SANDWICH TOP
Sandwich/Salad Unit, 15.5 cu.ft., (16)1/6 size (4"D) pdy pans, s/s insul.
cover, 11-3/4"D cut'g board, s/s top/#ront/sides, alum. back, (2) doors, (4)
shelves, white alum. int'r w/300 ss floor, 5" castors, 1/3Hp,115/60/1,
NSF-7
30 1 ea WARMING DRAWER, FREE STANDING
Warming Drawer Unit, Free Standing, two drawers, holds standard size
pans up to 6" deep, stainless steel construction, thermostatic controls,
900 watts
1 NOTE: Includes 2417 parts & service assistance, call 800-558-0607
1 120v, 1-ph, NEMA 5-15P
31 1 ea WORK TABLE, 24" LONG
Work Table, s/s top, 30" wide top, without splash, 24" Tong, with
galvanized undershelf and posts, 36" high, 16 gauge, type 400 stainless
32 1 ea BUFFET, HOT FOOD, ELECTRIC
Aerohot Steamtable Hot Food Unit, 44-318"L, elec., (3)12"XZO" hot food
wells wlexposed elements, infinite controls, s/s top w/1/2" thick x 7" wide
poly carving board, sls open base w/undershelf, legs & feet
1 120 volts, 1-ph, 1500 watts, 12.5 amps, NEMA 5-15
33 1 ea REFRIGERATED COUNTER, SANDWICH TOP
Sandwich/Salad Unit, 15.5 cu.ft., (16)116 size (4"D) pdy pans, s/s insul.
cover, 11-314"D cut'g board, s/s top/front/sides, alum. back, (2) doors, (4)
shelves, white alum. int'r w/300 ss floor, 5" castors, 1/3Hp, 115160/1,
NSF-7
1 Warranty - 5 year compressor (self-contained only)
1 Warranty -1 year parts and labor
34 1 STAINLESS STEEL DOUBLE PASS SHELF.
35 1 ea OVEN, MICROWAVE .
Pro I Microwave Oven, 1200 watts, compact, 10 programmable memory
pads, 3 power levels, see-thru side hinged door, sls cabinet and cavity,
stackable, digital display, cavity dimensions; 13"Wx 12"Dx 6-7/8"H,
120V/60/1, UL, NSF (3 yr. warranty)
1 3 year Magnetron warranty
36 2 ea HEAT LAMP, ROD TYPE
Gto-Ray®Infrared Foodwarmer, high wattage, tubular metal heater rod,
double heater rod housing 3" spacing, aluminum construction, 2500 watts
1 NOTE: Includes 2417 parts & service assistance, call 800-558-0607
2 120v 1-ph
2 (2) Built-in toggle contros (remote recommended) (Not for retrofit)
Bargreen-Ellingson- Tacoma
NOV 2,2006 Auburn Page 6 of 11
AUBNOP
Ftem 4ty Description Sell Each Sell Total
37 1 ea WORK TABLE, 72" LONG
Work Tabte, s/s top, 30" wide top, without splash, 72" long, with
galvanized undershelf and posts, 36" high, l6 gauge, type 400 stainless
38 1 ea DISHTABLE, SOILED
Soiled Dishtable, island design w/landing shelf, 84" x 60", "L" shape, for
right-to-left operation, 20'9Q0"x5"dp pre-rinse sink, scrap block, 16 ga.
type 304 s/s top, ga1v. tubular legs, crossrails & gussets, adj. feet
1 ea Double Rack Shelf, for dishtables
39 1 ea DISPOSER
Disposer, with 15" dia. bowl, 6-5/8"dia. inlet, with removable safety baffle
and reversible bowl cover, 1-HP motor, stainless steel construction,
manual reverse switch
1 208v, 3 ph
1 Disposer throat guard
40 1 ea PRE-RINSE UNIT
Easylnstall Pre-Rinse Unit, wall mount. base faucet w/spring check cart.
& lever handles, 2"dia.. flanges w/1/2" NPT female eccentric flanged
inlets, 35-1/2"H, 15" overhang, 8-1l4" clear, 18" riser, B-0107 spray valve,
B-0044-H flex s/s hose, 6" wall bracket
41 Dishwasher by owner and vapor hood on separate quote
42 1 3 COMPARTMENT SINK
43 2 ea FAUCET
Sink Mibng Faucet, with 12" swing nozzle, wall mounted, 8" centers on
sink faucet with 1/2" IPS eccentric flanged female inlets, lever handles
44.1 1 ea DISHTABLE SORTING SHELF
Sorting Shelf, traditional design, 82" long, holds four racks
45 1 ea ICE MAKER, CUBE-STYLE
QuietQube Ice Maker, cube-style, air-cooled, remote condenser, up to
570-Ib approximately/24 hrs, stainless steel finish, half-dice size cubes,
CVD Technology
1 3 year parts & labor warranty
1 5 year parts & labor warranty on evaporator
1 115v/60/1 ph, std.
1 ea Ice Bin, w/top-hinged front-opening door, approx 710 Ib ice storage
opacity, for top-mounted ice makes, stainless step exterior
1 3 year parts & labor warranty
1 ea Bin Adapter, 30" S ice machine to 48" B-970 bin, weight limit 180 lbs.
ma~dmum
1 ea Arctic Pure, Pre-Filter Assembly, 5 micron filtration
1 ea Water Filter Mounting Bracket, for S series bins only
Bargreen-Ellingson- Tacoma
NOV 2,2006 Auburn Page 7 of 11
AUBNOP
Item Qty Description ~ Sell Each Sell Total
48 1 ea HOT DOG GRILL, ROLLER-TYPE
Star Grill-Max®Hot Dog Grill, roller-type, built-in bun drawer, chrome-
plated rollers, capacity 30 hot dogs & 32 buns, infinite controls, 1150w
1 1 Yr, parts & labor warranty, std.
1 120v/6011-ph, 1150 watts, 10 amps, cord w/NEMA #5-15P, std.
49 1 ~ COFFEE BREWER FOR GLASS DECANTERS
Koffee ding Coffee Brewer, lo-profile, fresh brew, pour over, single
brewer, 3 warmers (all lower), stepped right, s/s construction, 120v,
1800w, 15 AMP, NEMA 5-15P
50 1 ea ''"~ •
tgtegrity Iced Tea Brewer, fresh brew, automatic, 3-gallon capacity, single
brewer, s/s construction, w/o dispenser,1515w, 120v, 12.5 AMP, NEMA
5-15P
1 ~ Iced Tea Dispenser, 3-gallon capacity, sls construction, portabledesign,
with handles, without sight glass
51 1 ea WORK TABLE, 72" LONG
Work Table, s/s top, 24" wide top, without splash, 72" long, with
galvanized undershelf and posts, 36"high, 16 gauge, type 400 stainless
0 1 BAR EQUIPMENT
Items 52-59
52 1 ea UNDERBAR STORAGE CABINET
Workboard, underbar storage cabinet, with doors & shelf, 30" long x 24"
deep, drainboard top, stainless steel constr'n
53 1 ea HAND SINK UNIT, WORKBOARD
Hand Sink Unit, free standing design, 12" long x 24" deep, with deck-
mounted faucet, stainless steel constr'n including legs
1 ea Splash, right end, 24"deep
1 ea Splash, left end, 24"deep
54 1 ea WORKBOARD, ICEICOCKTAIL STATION
Combo Ice Bin, wlbuilt-in 10-circuit cold plate, 48" wide x 19" front to
beck, splash, 100-Ibs. ice cap., 6-bottle insulated storage comp't on right,
s/s, ice bin on the left w/s/s sliding-type covers
1 ea Speed. Rail, 48", single tier, stainless steel
55 1 ea UNDERBAR WORKBOARD
Drainboard, free standing design, 18" long, 24" deep front-to-back,
stainless steel constr'n
1 ea Speed Rail, 18", single tier, stainless steel
56 1 ea GLASS FROSTER
Glass Froster, underbar model, w/self-contained refrig system, top
opening with sliding door, black exterior with s/s top, 36" long, 1 door
1 115V/60/1-ph, std.
Bargreen-Ellingson- Tacoma
NOV 2,2006 Auburn Page 8 of 11
AUBNOP
Item Qty Description Sell Each Setl Total
1 ea Speed Rail, 36", single tier, stainless steel
57 1 ea WORKBOARD, ICE1CpCKTAIL STATION
All-In-One 60" Underbar Station, 29"deep, includes: 12" recessed.
drainboard, 36" combo ice bin, 12"single wet waste sink, 12" blender
shelf wltowel ring, 36"double speed rail, l2" dry waste chute, condiment
dispenser, 10 circuit cold plate
1 NOTE: This is a manufactured to order unit and is NOT returnable
58 1 ea DISHWASHER, UNDERCOUNTER
Undercounter Dishwasher, Chemical Sanitization,14 Racks/Hr, One
Touch Controls, Rack Guides, Sanitizes Pump, Detergent Pump, Cord
and Plug, AlI S/S Construction, 120/60/1
1 1-Yr. parts, labor & travel time during normal working hrs
59 1 ea UNDERBAR STORAGE CABINET
Workboard, underbar storage cabinet, open shelf base, 24" long x 24"
deep, drainboard top, stainless steel constr'n
59.1 1 ea HAND SINK UNIT, WORKBOARD
Hand Sink Unit, free standing design, l2" long x 24" deep, with deck-
mounted faucet, stainless steel constr'n including legs
1 ~ Splash, left end, 24" deep
60 1 ea WORK TABLE, 60" LONG
Work Table, s/s top, 30" wide top, without splash, 60" long, with
galvanized undershefF and posts, 36" high, l6 gauge, type 400 stainless
61 1 ea COFFEE BREWER FOR GLASS DECANTERS
Kc~ffee Kng Coffee Brewer, lo-profile, fresh brew, pour over, single
brewer, 3 warmers (all lower), stepped right, s/s construction, 120v,
1800w, 15 AMP, NEMA 5-15P
62 1 ea TEA BREWER
Integrity Iced Tea Brewer, fresh brew, automatic, 3-gallon capacity, single
brewer, s/s construction, w/o dispenser,1515w, 120v,12.5 AMP, NEMA
5-15P
1 ea Iced Tea Dispenser, 3-gallon capacity, s/s construction, portable design,
with handles, without sight glass
63 Soda dispenser - By others
64 1 ea BACKBAR, STORAGE CABINET, REFRIGERATED
Back Bar Cooler, Two-section, 37" high, (161) 6-pack or (3) keg cap.,
condensing unit on left, s/s top, gale int'r w/300 series s/s floor, black
vinyl ext'r, (2) glass doors w/locks, fluorescent int'r lights, 1/2 HP,
115/60/1
1 Warranty - 5 year compressor (self-contained only)
1 Warranty -1 year parts and labor
65 Beer Tower - By owner
Bargreen-Ellingson- Tacoma
NOV 2,2006 Auburn Page 9 of 11
AUBNOP
Item Qty Description Sell Each Sell Total
66 1 ea BACKBAR, STORAGE CABINET, REFRIGERATED
Back Bar Cooler, two-section, 3T' high, (161) 6-pack or (3) keg cap.,
condensing unit on left, s/s top, gale. interior w/300 series sls floor, black
vinyl exterior, {2) doors wnocks, fluorescent interior lights, 1/3 HP,
115/60/1
1 Warranty - 5 year compressor (self-contained only)
1 Warranty -1 year parts and labor
71 1 ea TILTING KETTLE, GAS
Kettle, tilting, gas, 20-gallon capacity, 2/3 steam jacket design, open leg
base, all stainless steel exterior finish
1 Gas type to be specified
1 120v/60-50/1 ph, std.
72 ~1 ea ICE & WATER UNIT, DROP-IN
Drop-In Ice & Water Unit, 23"L x 18"D, 60 Ib. insulated ice chest, sls top
& coved corner interior, removable s/s cover, glass filler w/drain trough
73 1 WAITRESS STATION
74 1 BEVERAGE STATION
75 31 ea OUTDOOR TABLE
Winston 36" Square Table with balcony base, umbrella hole, teak decor,
packed 1 per case
75.1 4 ea OUTDOOR TABLE
Winston 48" x 32" Rectangle Table with balcony base, umbrella hole,
teak decor, packed 1 per case
75.2 3 ea OUTDOOR TABLE
Winston 32" Square Table with balcony base, umbrella hde, teak decor,
packed 1 per case
76 138 ea OUTDOOR CHAIR
Kerala Classic Stacking pining Armchair, woven rattan back, UV resistant
resin, wood grain w/satin finish, 2"~" legs w/footpads, Teakwood, 3-yr
warranty, packed 12 per case
77 1 COMPLETE BOOTH PACKAGE
Price to include all booths per drawings provided. Includes all fillers, fabric
and vinyl.
78 1 TABLE TOPS AND BASES
79 44 DINING CHAIRS
80 59 BAR STOOLS
Ladder back chair with vinyl seat.
Bargreen-Ellingson- Tacoma
. ,~
NOV 2,2006 Auburn Page 10 of 11
AUBNOP
Item Qty Description Sell Each Sell Total
$1 18 BANQUET TABLES WITH FOLDING LEGS
82 144 BANQUET CHAIRS
101 1 EQUIPMENT INSTALL
103 1 TO DELIVER AND INSTALL FURNITURE
105 1
Price to include drawings and permits.
0 1
Hood items listed below.
19 `l 1 TE
I J By others
69 1 - E
By others
70 1 TE
By others
100 1
By others
0 1 BAR MILLWORK
By others
46 1 BAR AREA PICKUP COUNTER UPPER CABINET
Price includes counter to support items 47-50. price includes the upper
cabinets in this aea item # 46.
47 1 BAR AREA WALK-UP COUNTER
Included in item # 46
64.1 1 LOWER BACKBAR
Price includes counter with openings for items 64 and 66 backbar
coolers. To include glass rack and black p-lam top.
67 1 CUSTOM UPPER BACKBAR
Upper backbar to include mirrored back sections with 3 lit sleeves and p-
lam face. 6' high columns with p-lam face and wood trim. to have soffit
above with cornice trim.
68 1 CUSTOM FRONT BAR
Front bar with subtop for granite top. P-lam face panles with wood trim.
To have chrome footrail with 2 each waitress rails.
104 1 TO INSTALL MILLWORK
To install complete millwork package. To include bar and waitress station
Bargreen-Ellingson-Tacoma
~~
NOV 2,2006
Auburn
Page 11 aF 11
AUBNOP
Item Qty Description Sell Each Sell Total
Acceptance:
Date:
Bargreen-Ellingson- Tacoma
Email attachment received by the City of Auburn on December 17, 2014 @ 1:26
p.m. from George Filiss:
December 17, 2014
Mayor Nancy Backus
25 Main St.
Auburn, WA, 98001
Mayor Backus:
In response to your email dated December 17, 2014, we will accept your offer. The city
will accept the restaurant in its current operable condition with all permanent fixtures,
tables, and chairs for the sum of $240,000.
Sincerely,
�_�'� ��a � ��� �t
George Filiss and Giuseppe Nappo Date
Added per City of Auburn on December 22, 2014:
The signature above acknowledges the terms of the settlement letter dated December
17, 2014 from the City of Auburn and the receipt of check #431665 for the lease
settlement which includes the following terms:
. Vacation of the premises by Janua_ry 2, 2015;
• Leave all permanent fixtures including chairs and table;
. Parties will not disparage or denigrate the other with respect to the restau�ant,
the lease, or the settlement.
� �-.
CITY OF J �
� ' \
� Nancy Backus, Mayor
WASHINGTON 25WestMainStreetrAubumWA98001-0998 � wwwaubumwa.gov + 253-931-3000
December 17, 2014
Mr. George Filiss SENT VIA EMAIL ONLY TO: gfiliss@gmail.com
KAVA , LLC gfiliss@hotmail.com
3110 Sumner Highway East
Lake Tapps, WA 98391
Copper Falls Restaurant
29630 Green River Rd.
Auburn, WA 98092 and
Pepe and George:
I met with the City Council to discuss the Copper Falls Restaurant issues, and the City
Council is supportive of seeing this matter go to court if we cannot reach an agreement.
With that, I must reject yo.ur most recent counterproposal. However, to resolve the
issues, I am authorized to offer you, today only, the sum of $240,000.00. This offer is
made pursuant to Rule 408 of the Washington State Superior Court Rules of Evidence,
and this offer will not be on the table tomorrow. If this is an acceptable amount, and you
are willing to vacate the Restaurant, leaving all permanent fixtures as well as the tables
and chairs, by January 2"d, 2015, I will have the payment made to you as quickly as I
can process that check. However, I must hear acceptance from you no later than 5:00
PM today. This proposal would, of course, also include the requirement that the parties
shall work in good faith to address any other issues that may surface with respect to this
transition, and the parties each recognize this settlement as an amicable resolution, and
neither party will disparage or denigrate the other with respect to the restaurant, the
lease or the settlement.
Please let me know if these terms are acceptable to you by 5:00 PM, today.
Thank you.
Sincerely,
�����
Nancy Backus
Mayor, City of Aubum
cc: Michael Hursh, Director of Administration
Shelley Coleman, City of Aubum Finance Director
Daryl Faber, Director of Parks, Arts and Recreafion
Daniel B. Heid, Auburn City Attorney
AUBURN * MORE THAN YOU IMAGINED
� �°9 Request for Taxpayer ���e Fm!�!m me
(ae�.oecembal zo„� �eWester.oo not
�,�,,,�o,�,aT„�„ry Identlflcatlon Number and Certification �;;a�,�,a��.
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� 29630 Green River Rd. SE
Ciry,srete,entl ZIP code
N Auburn,WA 98092
Llst eccoum numEer(s)here(optionaq
T er ldentification Number(TIN
Enter your TIN In the appropriffie box.The TIN providetl must match the name given on tlie"Neme"line ��b��
to evoitl backup withholtling.For Intlividuals,this is your soclel seoudry number(SSN).Howe4er,fa a � _m _�
resident alien,sole proprietar,o�disrepardetl entity,see Ne Pert I instrudions on page 3.For vther
entities,it is your ertfployer ldentlficetlon numtier(EIN).If you tlo not heJe a number,see How to get e
PN on page 3. � - -
Nohe.II the account is in more then one name,aee the cheA on pege 4 for guidelines on whose �°��aB^��O""1D"bB�
number to enter.
Certlfication
Under penel[ies of perjury.I certity thet:
1. The number ahown on this form is my conect taxpayer itlentlFlCetlon number(or I em weiting for a number to be issued ro me�,end
2. I am not sub�eet to baekup with�oltling because:(a)I em exempt from backup withhWding,or(b)1,have rrot heen notilled by the Intemel Revenue
Service(IRS)that I em sub)ect to backup withholtling as a iesutt o1 a failure to report all interest or dividends,or(c)the IRS hes notmetl me thet I em
no longer subject to backup withholding,antl
3. I arn e U.S.citlzsn or otlier U.S.person(tlefined below).
Certificatlon instru�llona You must cross out kem 2 above if you have been rrotlfied by Me IRS Uat you ere curreirtly subject to backup wlMholding
because you heve feiletl to report ell Irrterest entl dMdentls on your tax ieNm.For real estate transections,item 2 tloes not apply:For mortgage
interest pald,acqulsltlon or ebandonment of secured properry,cancellation o1 deb;contributions to an individual retirement arrangement(IRPJ,entl
generally,payment9 other than interest end tllvidends,you are not required to sign the certifiwtion,but you must praAde your correct TIN.See the
instructlons on page 4.
Sign y�a,t � �
Here u.an••�+• \ oma. /�- �3 �-'OJ�
General lnstructions Note.M e requester gives you a fortn oMer tl�an Fortn WA to request
your TIN;you must use the requesters tortn i}it is substanually similer
Section refeiences are to the Intemal Revenue Code unless otherwise to Mls Form w-9.�
noted.
DeflniGOn W e U.S.person.For lederal tex purposes,you ere
Purpose of Form consiaered a u.s.person if you are:
A person who is requiretl to file en infortnatlon ratum with the IRS must •�Individual who is a U.S.dtlzen or U.S.'esident allen,
oDtain your cortect taxpayer identlticetion number(TIN)to report,for •A partriership,corporabon,company,or associatlon createtl or
exemple,income paitl to you,r�l estate transacllons,mortgage interest organized in the United States or urMer the laws of the United Stetes,
you paitl,acquisiuon o�eDanCOnmerrt of secured property,eancelletlon ,,q���e(oNer ihan a foreign estate),or
o}tlebt,or contributlons you matle to en IRA.
Use Fortn W-9 only'rf you are e U.S.persbn(nduding e resident 'A domestic 6ust(as definetl in Regulations section 301.7701-�.
elien),to provide your carect TIN co the person iequesting It(fhe ���^!��r pertnerohlpa Partri,erships Nat eontluct a trade or
requeste�and,when appliceWe,to: business in Me United Shates are generally required to pay a wtthholding
1.Certify that the TN you ere gNing Is correc[(or you ere waitlrg fa e �on eny}oreign partnera'share of Inwme from such business.
number to be issue�, Further,in certain cases where a Fortn W-9 has not been received,a
parNership is required to presume Nat e partner is a toreign person,
2.Certify thet you are rrot subject to backup withholtling,or and pay the withholding tax.Therefore,If you are a U.S.person Mat is e
3.Claim exemption from backup withholding'rf you ere a U.S.exempt P�er in a partriership conductlng e hade or businese In the Unitetl
payee.tl eppliwble,you ere atso certllying Mat as e U.S.person,your States,provide Foim W-9 to Me perinership to eslaDlish your U.S.
allocable share of eny parNershlp income trom e U.S.tratla or business �+s and avoid withholding on your share of partnershlp Income.
is not sub�ect to the wlthholtling tex on foreign partners'share of
effectively connected income.
ce�.nio.iozsix Form W-9�ae�.iz-zoi i�