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 )
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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.—
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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.
Dated this—t" day of r '0020.
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