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Home My WebLink AboutFirst Amendment to Bogey's Concessionaire Agreement DocuSign Envelope ID:0A099CCO-EEB4-4300-A856-47A57FB8F942 FIRST AMENDMENT TO THE AUBURN GOLF COURSE RESTAURANT CONCESSIONAIRE AGREEMENT BETWEEN THE CITY OF AUBURN AND LONGHORN BARBECUE OUTPOST, INC. THIS AMENDMENT is made and entered into this 3' day of V cc_--tA 2021, by and between the CITY OF AUBURN, a municipal corporation of the State of Washington (the"City"), and LONGHORN BARBECUE OUTPOST, INC. (the "Concessionaire"), as an amendment to the Concessionaire Agreement between the parties dated the 20th day of April, 2015. RECITALS: 1. On April 20, 2015 and authorized by RES 5142, the City entered into a Concessionaire Agreement with Longhorn Barbeque Outpost, Inc. for the exclusive restaurant, lounge, catering, and other food concession rights at the Auburn Golf Course. 2. Starting on March 11, 2020 and continuing throughout 2020 and into 2021, the Governor of Washington has restricted social gatherings and has limited the indoor seating capacity of restaurants in efforts to stop or slow the spreading of COVID19 virus. 3. The social gathering restrictions and limitations on the indoor seating capacity has had and continues to have profound effects on those businesses subject to the Governor's orders in their ability to generate revenues and to meet their contractual obligations, including the payment of rent and other fees. NOW THEREFORE in consideration of their mutual covenants, conditions and promises, the Parties agree as follows: The following paragraph is added to the end of Section I (Concessions Rights Granted). • During any such time as the State has mandated restrictions prohibiting the indoor seating of restaurants the Concessionaire agrees to, at a minimum, provide beverage cart service as defined above. Concessionaire also agrees that it shall, at the City's direction, provide box lunches for those events identified by the City. The following subsections "E" and "F" are added to Section III (Concession Fees and Payments): E. Concession Fees adjusted for the months of January through December of 2020. The Concessionaire and City both acknowledge that at the time of execution of this amendment the Concessionaire has not paid and the City has not received any concession fees for the months of January through December of 2020 and Concessionaire is in default. To cure the default clue to nonpayment of concession tees, the Loncessionaire will pay and me uity will accept the lump sum amount of 527,513.17 plus 12.84% in leasehold excise tax in conformity with Chapter 82.29A of the Revised Code of Washington (RCW) and Chapter First Amendment to the Concessionaire Agreement between COA & Longhorn BBQ Outpost, Inc. Page 1 of 4 DocuSign Envelope ID:0A099CCO-EEB4-43D0-A856-47A57FB8F942 458-29A of the Washington Administrative Code (WAC) within 30 days following the execution of this amendment by the Parties. The payment will be made to the address in section III.C. Failure to pay any portion of the above mentioned fees within 30 days of the execution of this amendment may subject the Concessionaire to the actions of Section XIII and XXIX. F. Beginning January 1, 2021 and during anytime the State of Washington has imposed restrictions on indoor restaurant dining or the size of gatherings/events related to the COVID- 19 pandemic, rent shall be reduced to the following: (i) No Concession Fees will be due during those months when indoor dining for restaurants is restricted to less than 50%of the indoor dining capacity. (ii) Concession Fees will be charged at 50%of the then current rate for those months when indoor dining for restaurants is allowed at 50%or greater of the indoor dining_ capacity but special gathering/events are restricted from containing more than 100 people. (iii) Concession Fees will resume to 100%of the then current rate at such time as restriction on large gathering/events has been lifted or gatherings/events containing more than 100 people is permitted. For each of the three categories, Concession Fees will be prorated on a per diem basis for those months where restrictions on indoors seating or large gatherings/events apply to a only a portion of a month. Leasehold excise tax shall apply to Concession Fee amounts described in this section, and this section shall not alter the Concessionaire's obligation to pay utility charges as stated herein. [.SIGNATURES ON THE FOLLOWING PAGES) First Amendment to the Concessionaire Agreement between COA & Longhorn BBQ Outpost, Inc. Page 2 of 4 DocuSign Envelope ID:0A099CCO-EEB4-43D0-A856-47A57FB8F942 Dated and Signed on this day of (� -�kI , 2021 Longhorn Bathe. se Outpost, Inc. .� V k.c,E— �� '- S�� rrr .T,___ i,__r,...... Title M171.4rik-L-t kC 1 - STATE OF WASHINGTON t YL )ss. County of ) il The undersigned Notary Public hereby cerSnii Fs: That on this day of t/Gh 20 , personally appeared before me kehew )-1.- 16 14 (name), (title),to me known to be the individual(s)described in and who executed the within instrument, and acknowledged that he/she signed and sealed the same as his/her-free and voluntary act and deed, for the purposes and uses therein mentioned, and on oath stated that he/she was duly authorized to/execute said document on behalf of 8>nl hbc► n6i blacpt . -f .Ov / ,. (' N_ In Witness Whereof I have hereunto_ set my hand and affixed my official seal the day and year first above written. tp o Or jJ`' % Notary pin a for the State of Washington, -o f,.. 5 Residing at e'' 4_`I Li i 11% e?., . tic = My commission expires - l.�-. -2.»b � /l1S . H`NG ra,``�,, First Amendment to the Concessionaire Agreement between COA & Longhorn BBQ Outpost, Inc. Page 3 of 4 Docusign Envelope ID:0A099CCO-EEB4-43D0-A856-47A57F68F942 Yd 202 Dated and Signed on this 3 day of MOtV(,V\ ,-2019 City of Auburn DocuSigned by: )11171 t-rti.i'V,AS 'R Mayor 9is 1111.11 Approved as to form: ♦—DDocuSigned/ cifby: /SPNO ?P YFKendra Comeau STATE OF WASHINGTON )ss. County of V-A 3(,i ) The undersigned Notary Public hereby certifies:That on this 1) day of MAYI..h 20 2. , personally appeared before me MGt _- C.V-US (name), 'N1i , pV (title), to me known to be the individual(s)described in and Mb executed the within instrument, and acknowledged that he/she signed and sealed the same as his/her free and voluntary act and deed, for the purposes and uses therein mentioned, and on oath stated that he/she was duly authorized to execute said document on behalf of The Ciky o .wouy . In Witness Whereof I have hereunto set my hand and affixed my official seal the day and year first above written. cft,Ata i1 g5IO� 0 //♦ f°4. otary Public in and for the State of Washin ton, 2021`'oTA89 �"��F�.m�% Residing at R \. Y w v\ Pt- My _ � 1 = My commission expires ♦��/'040,1,.19.21,..z.,--"k0 �'tllt 11�WASN\� First Amendment to the Concessionaire Agreement between COA & Longhorn BBQ Outpost, Inc. Page4of4