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HomeMy WebLinkAboutSmoovies (Frank & Carolyn Wang) - Concession/Lease Agreement at Pasco Softball ComplexThird Addendum CITY OF PASCO CONCESSION/LEASE AGREEMENT Pasco Softball Complex This addendum to Pasco Softball Complex Concession Lease Agreement between the City of Pasco "City" and Frank & Carolyn Wang, dba Smoovies "Concessionaire", to provide concessions at the Premises is made and entered into this /0 day of Aare -12020. In consideration of the mutual covenants set forth in the original agreement, Concessionaire's desire to exercise the extension as set forth in previous addendums, and the City's desire to clarify the Concessionaire's requirements as it relates to the City's contracted Soft Drink vendor, 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, shall continue in full force and effect through December 31 2020. If mutually agreed upon with the City, the term of this contract may be extended in one year increments, for up to 1 additional year. To exercise the extension, Concessionaire must submit in writing, to the City, at least 30 days prior to the expiration of the agreement in each extended year, their intention to continue providing concession services during the subsequent year. 4. Rent: Monthly rent shall be payable to the City by the Concessionaire in the amount of 395.95 with an additional $50.84 leasehold excise tax each month according to the following operating schedule Pasco Softball Complex Operating Season: March — October, with the possibility, weather dependent, of season opening tournament starting the weekend of Feb 28 — Mar 1. NOTE: In the event that an individual month within the stated season should have 3 or fewer tournament days, then the monthly rent shall be reduced by $130.55 and the leasehold excise tax shall be reduced accordingly making the rent $265.40 and the leasehold excise tax $34.08 for that given month. 10.3 OTHER CONCESSIONAIRE RESPONSIBILITIES; PURCHASE FROM CITY'S CONTRACTED SOFT DRINK VENDOR: The City has an Exclusive Marketing and Sponsorship Agreement with The Coca-Cola Bottling Co. of Yakima & Tri -Cities, for vending services and the provision of all, water, soft drink, juice and other beverages sold at City Owned Facilities including the Premises. In compliance with this agreement, Concessionaire is required to purchase all beverages offered for sale at the Premises from The Coca-Cola Bottling Co. of Yakima & Tri - Cities through its local office/distribution center. Contact person and information is as follows: The Coca-Cola Bottling Co. of Yakima & Tri -Cities Mat Sanders (or his designee) 1225 N Road 34 Pasco, WA 99301 509-547-6712 Concessionaire shall submit weekly orders as needed by Tuesday of each week for Friday delivery or by pickup at The Coca-Cola Bottling Co. of Yakima & Tri -Cities. The purchasing prices and drink products for the 2020 calendar year are set forth in the attached price list which is incorporated as part of this addendum. Concessionaire agrees that it will not use the Premises for storage of any beverages to be offered for sale by Concessionaire at locations outside the Premises. If it is discovered that the Concessionaire is purchasing and offering for sale at the Premises beverages not purchased through The Coca-Cola Bottling Co. of Yakima & Tri -Cities as outlined in this section, Concessionaire shall immediately be found in default of their concession/lease agreement with the City as outlined in section 21 of said agreement. City will then give written notice of default to Concessionaire, shall be entitled to recover damages from Concessionaire, and shall take immediate repossession of the Premises. 13.2 Concessionaire shall pay, in addition to rent, $200 per month to City during the months of March through October to offset a portion of the expense of electrical service for the PSC Premises and restroom facility. Concessionaire shall also provide for janitorial services for the Premises, not including the restrooms or umpire/city staff office area. IN WITNESS WHEREOF, the parties hereto have caused this Addendum to be executed on the day and year first above written. SMOOVIES CITY OF PASCO Zach Ratkai, Owner A&CS Department Director 2020 Price List on next page> STATE OF WASHINGTON ) ss. COUNTY OF Rb*NK+IN ) I certify that I know or have satisfactory evidence that ip1711 (/u"y is 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 _ 06- R day of M4" , 2020. ROSS CARTER Notary Public State of Washington My Appointment Expires Mar 7, 2022 STATE OF WASHINGTON COUNTY OF FRANKLIN ) Signature of Notary.— Print or stamp name of Notary Notary Public for the State of Washington, residing at 7fl JteStl"17 /AUC 2t it&9). ug g7):>-)- My Z My appointment expires X310 ?/2, L ss. certify that I know or have satisfactory evidence thatkapirson 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 purpose mentioned in the instrument. 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