HomeMy WebLinkAboutThird Amendment to Auburn Golf Course Restaurant Concessionaire Agreement - COA & Longhorn Barbecue Outpost, Inc. THIRD 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 a4`�' day of Pqr'0
2022, 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 (the "Agreement") with Longhorn Barbeque Outpost,
Inc. for the exclusive restaurant, lounge, catering, and other food concession rights
at the Auburn Golf Course.
2. The Agreement allows for the Parties to extend the Agreement for two additional
five year terms,with the first five-year term commencing on May 1,2022 inclusive
of any such other terms as may be agreed to by the parties in advance of such
extension.
NOW THEREFORE in consideration of their mutual covenants, conditions and promises,
the Parties agree as follows:
1. The Parties mutually agree to exercise the right to a five (5)year term extension of the
Agreement as described in Section II of the Agreement. This extension will be the first of
two permissible five year extensions per the Agreement. This Extension will commence May
1, 2022 and include the following terms mutually negotiated as part of this extension:
2. Beginning May 1, 2022 the Concessionaire will pay to the City Concession Fees in the
following manner:
a) The monthly rent("Monthly Rent") will total $9,500 per month for the months May
through September; and $5,800 for the months October through April. Monthly Rent
includes only the following utilities: phone,electric, gable golf cart gasoline.
3. Beginning May 1, 2023 and annually thereafter, the Concession Fees will be adjusted
annually in accordance with the previous year over year increase in the Consumer Price
Index for the month of February for all Urban Wage Consumers (CPI-W), all items (Seattle-
Tacoma-Bellevue) issued by the United Stated Bureau of Labor Statistics (the"Bureau") or
such other agency of the United States should perform substantially the same function should
the Bureau cease to issue such indices.Any decrease in the year over year CPI change will
not constitute a reduction in Concession Fees.
Third Amendment to the Concessionaire Agreement between COA&Longhorn BBQ Outpost, Inc.
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4. In addition to the Concession Fees, as part of the Concession Fee payment the
Concessionaire will be responsible for and submit to the City an additional payment of
Leasehold Excise Tax at a rate of 12.84%of the Concession Fee payment in conformity with
Chapter 82.29A of the Revised Code of Washington(RCW)and Chapter 458-29A of the
Washington Administrative Code (WAC).
5. Paragraph 1 above will replace Section III, subsection A of the original Agreement in its
entirety but still be subject to the indoor dining capacity restrictions (if any) described in
Section III, subsection F as amended in the Second Amendment.
6. All other terms and conditions of the Agreement as amended are to remain the same.
[SIGNATURES ON THE FOLLOWING PAGES]
Third Amendment to the Concessionaire Agreement between COA&Longhorn BBQ Outpost, Inc.
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7Dated and Signed on this day of r , 2022
onghorn B rbeci(e Outpost,Inc.
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STATE OF WASHINGTON )
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County of Y.-N )
The undersigned Notary Public hereby certifies: That on this day of Njfri \ ,
20 I2, personally appeared before me MO 1 J r op (name),
!Q!f tsS atn-t- (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
I,DhG��npnn barbtcv,e Qom.
In Witness Whereof I have hereunto set my hand and affixed my official seal the day and
year first above written.
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Third Amendment to the Concessionaire Agreement between COA&Longhorn BBQ Outpost, Inc.
Page 3 of 4
Dated and Signed on this / day of Y 1 , 2022
City of Auburn
Ali ayor:Nancy Backus
Approved as to form:
WI/Irk (Alva/v.
City Attorney: Kendra Comeau
STATE OF WASHINGTON )
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County of �In1 �'1 )
The undersigned Notary Public hereby certifies: That on this 256, day of Pr t\
20 22,personally appeared before me J 0L Yak t -*VOW S (name),
Q,C I ok \V 1X (_t, (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
l‘rk-e C i bk V'MOVY h .
In Witness Whereof I have hereunto set my hand and affixed my official seal the day and
year first above written.
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Third Amendment to the Concessionaire Agreement between COA&Longhorn BBQ Outpost,Inc.
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