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HomeMy WebLinkAboutConcession World - Softball Complex & Memorial Pool - 1st AddendumFirst Addendum CITY OF PASCO CONCESSION/LEASE AGREEMENT Pasco Softball Complex & Memorial Pool This addendum to Pasco Softball Complex pd Memorial Pool Concession Lease Agreement is made and entered into this Z-/— day of S . 2015, to be effective immediately, by and between the City of Pasco (City), a municipal corporation and Phil Forzaglia, dba Concession World (Concessionaire). WHEREAS, the City and Concessionaire entered into a Concession/Lease Agreement, dated February 25, 2015 and said parties desire to amend portions of said agreement, NOW, THEREFORE, IT IS HEREBY AGREED as follows: 1. Section 3: Premises is amended to exclude any portion pertaining to Memorial Pool 2. Section 4: Rent is amended to exclude any portion pertaining to Memorial Pool. All monthly rent and fees delineated in this section associated to Memorial Pool will be waived. 3. Section 5: Concession Right is amended to exclude any portion pertaining to Memorial Pool 4. Section 6: Concession Right Compensation is amended to exclude any portion pertaining to Memorial Pool. 5. Section 9: Days and Times of Operation is amended to exclude any portion pertaining to Memorial Pool. 6. Section 13: Utilities. Repairs & Maintenance is amended to exclude any portion pertaining to Memorial Pool. IN WITNESS WHEREOF, the parties hereto have caused this Addendum to be executed on the day and year first above written. CONCESSION WORLD Phil Forzaglia Owner CITY OF PASCO Rick Terway, A&CS Department Director Mm Second Addendum CITY OF PASCO CONCESSION/LEASE AGREEMENT Pasco Softball Complex This addendum to Pasco Softball Complex and Memorial Pool Concession Lease Agreement between the City of Pasco "City" and Phil Forzaglia, dba Concession World "Concessionaire", to provide concessions at the Pasco Sporting Complex is made and entered into this 7 day of SU, 201( In consideration of the mutual covenants set forth in the original agreement, the parties agree to changes as follows: 2. Term: This Agreement shall commence upon execution, and unless terminated for a breach or as provided herein, and shall continue in full force and effect through December 31, 2016. If mutually agreed upon with the City, the term of this contract may be extended in one year increments, for up to 3 additional years. 4. Rent: Monthly rent shall be payable to the City by the Concessionaire in the amount of $400.06 plus leasehold excise tax of $49.94 for a total of $450 per each month of the regular operating season of the Pasco Sports Complex: March — September. Should one or more tournaments or events be scheduled for any month outside the regular operating season, Concessionaire shall have right to use without requirement of additional payment. 4.3 Rental Deposit: The Concessionaire will pay a $100 rental deposit, due at time of first month's rent. This deposit will be held to the end of the season and then returned less any costs incurred due to damages. Should the contract be extended for an additional year, the deposit will be held and applied to the following year. Any report late fees (See Section 6), etc will be charged against the deposit. 5. Concession Right: Concessionaire shall have exclusive right during scheduled events at the PSC premises, subject to payment of the concession compensation and the provisions set forth herein, to sell food and both alcoholic (beer & wine exclusive) and non-alcoholic beverages on the premises. 5.4 Alcoholic Beverage Sales: Alcoholic beverage sales by Concessionaire shall be: • Permitted during Adult leagues and tournaments only. • Limited exclusively to beer and wine. • Sold in Non -glass containers (No glass containers allowed). Concessionaire shall obtain and maintain current all required licenses and permissions pertaining to the sale of alcoholic beverages as required by the State of Washington and shall adhere to all requirements set forth by the State. Proof of insurance coverage as required by WLCB and naming the city as additional insured. A copy of the insurance certificate must be provided to the city. Concessionaire shall require identification of all patrons wishing to purchase an alcoholic beverage to verify legal drinking age. IN WITNESS WHEREOF, the parties hereto have caused this Addendum to be executed on the day and year first above written. CONCESSION WORLD Phil Forzaglia CITY OF PASCO Rick Terway, Owner A&CS Department Director STATE OF WASHINGTON ss. COUNTY OF FRANKLIN I certify that I know or have satisfactory evidence that z -\;as the person who appeared before me, and said person acknowledged that he signed this instrument and acknowledged it to be his free and voluntary act for the uses and purposes mentioned in this instrument. Dated this �1 day of7c,w.4L1 foirf(.4 Signature of Notary Print or stamp name of Notary Notary Public for the State of Washington, residing at sitveLlC My appointment expires'3fig/fe STATE OF WASHINGTON ss. COUNTY OF FRANKLIN, I certify that 1 know or have satisfactory evidence that L�s the person who appeared before me, and said person acknowledged that he signed this instrument and acknowledged it to be his free and voluntary act for the uses and yurposes mentioned in the instrument. Dated this day of 14, Notary Public State of Washington SANDY L KENWORTHY MY COMMISSION EXPIRES August 7, 2019 Signature of Notary Print or stamp name of Notary Notary Public for the Statqpof Washington residingat I (�fYwp. v My appointment expires