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HomeMy WebLinkAboutLease LAG-03-003 MAPLEWOOD GOLF COURSE CLUBHOUSE LEASE AND CONCESSION AGREEMENT THIS CONCESSION AGREEMENT is made between the City of Renton, hereinafter referred to as "The City," and All My Restaurants, Inc., hereinafter referred to as "The Concessionaire." A. LEASE PREMISES AND GRANT OF CONCESSION: For and upon the conditions and provisions herein, the City hereby leases to the Concessionaire the restaurant, lounge, kitchen, kitchen storage, office, a tent pad, and related areas, banquet rooms, an office and patios adjoining the restaurant and banquet facilities within the Maplewood Golf Course Clubhouse located on the north side of Maple Valley Highway (SR 169) at approximately 130th Avenue S.E., a portion of on the City's municipal golf course which is legally described in Exhibit A attached hereto, which rooms are also described as rooms 111, 111A, 112, 114, 114A, 114B, 115, 115A, 119, 120, 121, 122A through 122D, 123, 124, and 131 on the floor plan prepared by Calvin Jordan and Associates for the Maplewood Golf Course Clubhouse, which floor plan is incorporated herein by reference as Exhibit B. Said rooms and adjoining patios, excluding fountains, are herein referred to as the Premises. The Concessionaire shall occupy, manage and operate the Premises as a lounge, restaurant and banquet facility and shall also be entitled to access to and use of the hallways and restrooms within the clubhouse for the benefit of its customers and employees. The City further grants the Concessionaire the exclusive right and privilege to sell food and beverage on the golf course and the driving range and shall have the right to access to those facilities to operate vending machines, carts and other means of selling food and beverage, provided that the Concessionaire's operation does not interfere with regular operation of the golf course and driving range. The Concessionaire may use the lobby area to accommodate the Sunday Brunch. Any decorating of the lobby area must have prior approval of the City, along with a plan as to how any items will be attached. Such approval shall not be unreasonably withheld. The Concessionaire shall be responsible for any damage to the lobby caused by the attachment or removal of decorations. B. TERM The term of this Agreement shall be for six (6) years commencing on October 1, 2003. C. CONSIDERATION The Concessionaire shall provide to the City the following consideration: 1- ICI 1. Certain services to the public under terms of this Agreement. 2. Payment to the City of the following percentages of gross receipts: for the restaurant/lounge/tent, seven percent (7%) up to $775,000.00; six percent (6%) above $775,000.00; and for the banquet facilities,nine percent (9%). D. PAYMENT 1. The term "Gross Receipts" as used herein means all gross revenue received by the Concessionaire for the sale of food, beverage and other products on the Premises and golf course, and off-site catering to other public facilities such as the Community Center or Senior Activity Center. It includes all monies received by the Concessionaire for food, beverages and other products sold to patrons of the lounge, restaurant and banquet facility. However, the term Gross Receipts shall not include tips or charges for Washington State sales tax or other excise taxes imposed by any government imposed directly on the sale of goods or services to be charged to the consumer, although collected by the Concessionaire. 2. Concessionaire shall record all funds which are received in a system which records and identifies the date and amount of each transaction. Records of daily sales shall be submitted to the Finance Department on a monthly basis along with a written statement detailing gross and net receipts signed by the Concessionaire. 3. Concessionaire shall make payment to the City for each calendar month of operation, said payment being due and payable no later than the tenth of the following month, accompanied by the above-described Statement of Gross Receipts. All payments or reports to the City of Renton shall be paid or delivered to: 1055 South Grady Way, Renton, Washington 98055. 4. If any payment specified herein is not paid to the City within ten (10) days after the date specified, a late charge of ten percent (10%) of the payment due and unpaid shall be added to the payment as a penalty, and the total sum shall become immediately due and payable. Any amount remaining unpaid by the first day of the month following the due date for payment (i.e. approximately 20 days late) shall bear interest at the rate of 1% per month. E. CITY OBLIGATIONS The City shall have the following obligations under this Lease: 1. To replace the banquet facility's rectangular, serpentine and round tables, if destroyed or damaged (unless the damage or destruction was the Concessionaire's 2 • • fault), in a style to be coordinated with the Concessionaire in sufficient quantity to accommodate a dinner buffet for up to 300 people. 2. To replace or repair the kitchen floor. The City will use its best efforts to accomplish this no later than November 26, 2003. 3. To provide office space to Concessionaire for marketing activities. 4. To provide janitorial service for the driving range, clubhouse common areas, including restrooms, pro shop, golf pro office, and golf course manager. 5. Operate the municipal golf course on a continuous basis, subject to the interruption for inclement weather, earthquakes and other events beyond the City's control. 6. Provide heating and cooling to the Premises to maintain temperatures within the Premises within a temperature range customary for the use of the Premises during its normal business hours; provided that when the air conditioning is on, the Concessionaire will use its best efforts to keep the doors closed. It is understood that doors may be opened to permit traffic in and out of the restaurant, including the movement of food and equipment, and that where portions of the kitchens are hot notwithstanding the air conditioning, the kitchen door may be opened to provide ventilation and cooling for such areas. 7. Provide utility services to the Premises (i.e., electricity, water, natural gas, sewer, and trash removal). 8. Maintain the clubhouse building, hallways, restrooms, the parking lot, sidewalks, and the grounds surrounding the clubhouse in good repair and attractive condition. 9. The City shall provide and maintain for the use of the Concessionaire, its patrons and employees, the parking lots on the golf course property, which shall be used in common with patrons of the golf course driving range. To the extent reasonably necessary, the City shall endeavor to remove accumulations of snow and ice from the parking lot and from sidewalks leading to the clubhouse. F. CONCESSIONAIRE'S OBLIGATIONS Concessionaire shall perform the following tasks: 1. To provide janitorial services for the lounge, restaurant, marketing office, kitchen, patio areas, tent, and tent patio, excluding fountain and dumpster area, and banquet facilities according to the standards set forth in Exhibit E attached hereto. 3- �I 2. To provide all reservation activities associated with the restaurant and banquet facilities, and coordinate with the golf course management so as to not conflict with the golf course activities, particularly parking when there are tournaments or other heavy usage periods. Parking may be a problem if both the golf course and restaurant and banquet facilities have scheduled events. If problems develop, the Concessionaire and the City will discuss methods of resolving the difficulties, including the possibility of using valet parking and sharing the costs thereof. If the Concessionaire and the City cannot come to an agreement, then they will resolve this difficulty through binding arbitration. The parties will attempt to select a single arbitrator to resolve the difficulty, but if they cannot agree on a single arbitrator, then each party will appoint an arbitrator and those two will select a third arbitrator. The decision will be by majority vote. The costs of the arbitration will be equally shared by the City and the Concessionaire. 3. The Concessionaire acknowledges that the range hood, bar and walk-in refrigerator shall remain the property of the City. The Concessionaire will perform normal and periodic maintenance for the range hood, bar and refrigerator, but repair and replacement shall be the responsibility of the City. The City acknowledges that the kitchen equipment listed in Exhibit D has been purchased by the Concessionaire. 4. The restaurant shall open no later than 6:30 a.m., provided that the restaurant may be closed during such times as the golf course is closed or not being used because of snow, inclement weather or any other reason. The Take-Out Window shall be open for coffee and limited food service from 6:00 a.m. until the golf course closes. 5. Provide necessary advertising to publicize the restaurant, lounge and banquet facilities, and to establish an advertising program acceptable to and approved by the Parks and Recreation Department. However, the city shall not unreasonably withhold its approval of an advertising program proposed by the Concessionaire. 6. Concessionaire shall secure all required City permits after setting up the Banquet Tent. The Tent shall be removed at the time of permit expiration. 7. The Beverage Cart shall be operational at least on the following basis: seven (7) days per week during the months of May through Labor Day in September, Friday through Sunday commencing the date after Labor Day through September 30, and Friday through Sunday during the month of April; provided that the Beverage Cart need not be operational during inclement weather. The City shall provide gasoline for the operation of the Beverage Cart, to be paid for by the Concessionaire. 8. If the Concessionaire schedules an event that it anticipates will require overflow parking, it may request that shuttle service be provided for the overflow parking areas, 4 • • and the City shall provide such service. The labor and fuel costs will be split equally between the two parties, with the City invoicing the Concessionaire for such services. G. CONCESSIONAIRE'S STAFF The Concessionaire shall employ competent, courteous and efficient staff in numbers to adequately serve its patrons. All Concessionaire staff members shall, while on duty, be equipped with any apparatus or clothing that may be required by law, ordinance or regulation. An experienced on-site manager shall be selected and designated as the Concessionaire's authorized representative who shall oversee all concession operations on the Concession Premises and transmit and receive communications to and from the City. H. SIGNAGE All graphics placed upon or affixed to any of the Concession Premises shall be subject to the prior written approval of the City or its representative, which approval shall not be unreasonably withheld. The Concessionaire will follow all City sign codes. In any event, the signage proposed in Exhibit E attached hereto is approved for installation. The Concessionaire shall submit detailed plans and secure any needed permits/approvals for all exterior and interior signs. In all cases, signage shall be consistent in size, color, lettering and theme to regular park signage and specifications. The Concessionaire .must secure prior approval from the City for all exterior decorations. Such approval shall not be unreasonably withheld. I. CAPITAL IMPROVEMENTS/REMODELING After completion of construction of the clubhouse and Premises by the City pursuant to the plans and agreed change orders to the plans, Concessionaire shall, prior to commencing any alterations, improvements, or construction, submit to the City in writing, plans for alterations, improvements, and construction along with a breakdown of costs for such improvements. All plans submitted are subject to the approval of the City or its representative prior to commencement of any alteration, improvements or construction. The City agrees to promptly review said plans, and if the alterations, improvements, and construction are acceptable, to promptly approve the same, and the plans as approved shall be attached to an executed copy of this Agreement and incorporated herein. 5- All work performed shall be done to the satisfaction of the City of its representative and shall be carried out in a manner that minimizes impact upon the use of the park by the public. Concessionaire shall be responsible for obtaining all governmental permits and meeting all code requirements and shall submit copies of the same to the City or its representative prior to commencing any construction on the Concession Premises. The City or its representative may conduct inspection of any capital improvement work at any time to assure itself that such work is in accordance with the plans approved by the City. In the event any such work is not according to plans as then approved by the City, the City or its representative shall send a Notice of Noncompliance to the Concessionaire. In the event the Concessionaire fails to make corrections within twenty (20) days after the Concessionaire's receipt of such Notice of Noncompliance, the Department may make whatever corrections are necessary to bring such work into compliance with the plans as approved, and shall charge the Concessionaire for all costs of such corrective work. Concessionaire shall, prior to commencement of any construction work, provide payment and performance bond(s) in form(s) approved by the City Attorney, payable to the City in the full and just value of such capital improvements, conditioned that all provisions of this Concession Agreement relating to capital improvements shall be faithfully performed by the Concessionaire, or the surety, if required. Concessionaire shall furnish the City with a complete set of reproducible 24 x 36 mylar drawings reflecting the final "as-built" condition of all capital improvements within thirty (30) days after completion of the construction. Concessionaire shall furnish to the City copies of all operating manuals, equipment brochures, paint schedules, and material brochures for such improvements. Concessionaire will use recycled products whenever possible (see attached). All alterations, fixtures and tenant improvements, and construction shall become the property of the City upon termination or expiration of this Agreement and shall be installed solely at the Concessionaire's expense unless the City expressly agrees in writing to contribute toward the costs thereof. The Concessionaire shall not be required to remove or pay the cost of removal of any alterations, fixtures, or tenant improvements at the expiration or earlier termination of the lease. The kitchen equipment which is the personal property of the Concessionaire, including, without limitation, the equipment listed on Exhibit D, shall not be considered "fixtures" for the purpose of this paragraph. The parties acknowledge that the Concessionaire has installed a concrete pad, which it shall have the right to use for the duration of this lease. 6 J. UTILITIES Concessionaire shall pay for all utilities associated with the operation of the Concession Premises. The Concessionaire shall install and maintain a private telephone to serve the Concession Premises. The City may decide to install secondary metering for electricity. The Concessionaire shall be billed the prorated share of electrical costs, as follows: Cost sharing formula without the booster pump station in operation: Customer charge Split 50%/50% Demand charge Golf course-35%/concess.-65% Kilowatt charge Golf course-37%/concess.-63% Cost sharing formula with Booster Pump Station in operation: Customer charge 25% of total Demand charge 65% of 170 (kilowatts) Energy charge 63% of remaining 30% balance The City of Renton and All My Restaurants will split 50/50 year round the water and sewer utility costs for the Maplewood Clubhouse. The City will be responsible for 25% of the natural gas expenses (year round) for the Maplewood Clubhouse. All My Restaurants will be responsible for the remaining 75% (year round) of the natural gas billings for the Clubhouse. If there is a significant variation in costs for utilities, the City and Concessionaire will revisit these percentages and costs. If any payment due under this clause is not paid to the City within ten (10) days after the date specified, a late charge of ten percent (10%) of the payment due and unpaid shall be added to the payment as a penalty, and the total sum shall become immediately due and payable. Any amount remaining unpaid by the first day of the month following the due date for the payment (i.e. approximately 20 days late) shall bear interest at the rate of one percent (1%) per month from the due date. K. TAXES/FEES The Concessionaire shall pay, before delinquency, all fees, charges, and costs arising out of the Concessionaire's use and occupancy of the Concession Premises including, but not limited to, charges imposed for governmental inspections or examinations, license and excise fees, taxes on personal property of the Concessionaire and on the leasehold interest created by this Agreement. L. EQUALITY OF TREATMENT 7- Concessionaire shall conduct its business in a manner which assures fair, equal and nondiscriminatory treatment at all times in all respects to all persons without regard to race, color, religion, sex, age, or national origin. No person shall be refused service, be given discriminatory treatment or be denied any privilege, use of facilities, or participation in activities on the Concession Premises on account of race, color, religion, sex, age, or national origin. Failure to comply with any of the terms of this provision shall be a material breach of this Agreement. M. NONDISCRIMINATION Concessionaire shall comply with all applicable Federal, State, County, and City laws, ordinances, rules and regulations regarding nondiscrimination in employment, the provision of services to the public in a nondiscriminatory manner, including, but not limited to, the provisions of the City of Renton Fair Practices Policy as attached hereto and incorporated herein by this reference. The City shall be responsible for initially constructing the clubhouse and Premises in compliance with the Americans with Disabilities Act (ADA) and shall be responsible for making any structural changes to the building and Premises required by the ADA. The Concessionaire shall be responsible for complying with the ADA with respect to any subsequent improvements installed by the Concessionaire, the placement of furniture and furnishings, and the Concessionaire's operations. N. ALL RISK INSURANCE During the term of this Agreement and any extension thereof, the City shall maintain an insurance policy on the clubhouse building in the amount of the replacement cost of the clubhouse buildin g, including the Premises, restrooms and hallways, for damage from fire, earthquake and other perils. Said insurance policy shall also insure the replacement value of the kitchen equipment and banquet tables and chairs provided by the City pursuant to paragraph E.1 above. The Concessionaire shall reimburse the City annually 50% of the premium charged to the City for such fire and hazard insurance policy. The proceeds on a claim against said insurance policy for damage to the clubhouse building, Premises or personal property provided by the City shall be used to repair damage to the clubhouse building and the Premises and to repair or replace any damaged personal property provided by the City. The Concessionaire shall be responsible for maintaining its own fire and hazard insurance on personal property and leasehold improvements placed within the Premises by the Concessionaire. O. ALL-RI CE 8 The Concessionaire shall secure and maintain for the duration of the agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the Concessionaire's operation and use of the leased premises. Minimum Scope of Insurance Concessionaire shall obtain insurance of the types described below: 1. Commercial General Liability insurance shall be written on Insurance Services Office (ISO) occurrence form CG 00 01 and shall cover premises, products/completed operations, broad form property damage, independent contractors, personal injury/advertising liability, and contractual liability. The City shall be named as an additional insured on Concessionaire's Commercial General Liability insurance policy using ISO Additional Insured-Managers or Lessors of Premises Form CG 20 11, or a substitute endorsement providing equivalent coverage. 2. Property insurance shall be written on all risk basis. 3. Automobile Liability insurance covering all owned, nonowned, hired and leased vehicles. Coverage shall be written on insurance services office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. Minimum Amounts of Insurance Concessionaire shall maintain the following insurance limits: 1. Commercial General Liability insurance shall be written with limits no less than $1,000,000.00 each occurrence, $2,000,000.00 general aggregate. 2. Property insurance shall be written covering the full value of Concessionaire's property and improvements with no coinsurance provisions. 3. Automobile Liability insurance shall be written with a minimum combined single limit for bodily injury and property damage of$1,000,000 per accident. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Commercial General Liability insurance: g- i 1. The Concessionaire's insurance coverage shall be primary insurance as respect to the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Concessionaire's insurance and shall not contribute to it. 2. The Concessionaire's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. Verification of Coverage Concessionaire shall furnish the City with original certificates and a copy of the amendatory endorsement, including, but not necessarily limited to, the additional insured endorsement, evidencing the insurance requirements of the Concessionaire. Waiver of Subrogation Concessionaire and City hereby release and discharge each other from all claims, losses and liabilities arising from or caused by any hazard covered by property insurance on or in connection with the premises of said building. This release shall apply only to the extent that such claim, loss or liability is covered by insurance. City's Property Insurance City shall purchase and maintain during the term of the lease all-risk property insurance covering the building for their full replacement value without any coinsurance provisions. P. INDEMNITY Concessionaire will indemnify, defend, and hold harmless the City and its respective officials, officers, employees, agents, attorneys, and assigns from and against all actions, causes of action, liabilities, claims, suit, penalties, fines, judgments, liens, awards, and damages of any kind whatsoever (hereinafter "Claims"), for injury to or death of any person (including without limitation claims brought be employees or invitees of Concessionaire or employees, or invitees of any Contractor of Concessionaire or damage to or loss of any property or clean up of any discharge or release by Concessionaire or any Contractor of Concessionaire, and expenses, costs of 10 • 0 litigation, and reasonable attorneys' fees related thereto, or incident to establishing the right to indemnification, to the extent such Claims arise out of or are in any way related to this agreement or the presence on the Property of Concessionaire, any Contractor of Concessionaire or their respective employees or invitees. Concessionaire expressly waives any immunity under industrial insurance whether arising from Title 51 of the Revised Code of Washington or any other statute or source, to the extent of the indemnity set forth in this paragraph. In the event that Concessionaire is successful in proving that the foregoing indemnity is limited by RCW 4.24.115, Concessionaire shall defend, indemnify and hold harmless the indemnities to the full extent allowed by RCW 4.24.115. In no event shall Concessionaire's obligations hereunder be limited to the extent of any insurance available to it. The City will indemnify, defend, and hold harmless the Concessionaire and its respective officers, employees, agents, attorneys, and assigns from and against all actions, causes of action, liabilities, claims, suit, penalties, fines, judgments, liens, awards, and damages of any kind whatsoever (hereinafter "Claims"), for injury to or death of any person (including without limitation claims brought be employees or invitees of City or employees, or invitees of any Contractor of City or damage to or loss of any property or clean up of any discharge or release by City or any Contractor of City, and expenses, costs of litigation, and reasonable attorneys' fees related thereto, or incident to establishing the right to indemnification, to the extent such Claims arise out of or are in any way related to this agreement or to any acts or omissions of the City, any Contractor of the City or their respective employees or invitees. The City expressly waives any immunity under industrial insurance whether arising from Title 51 of the Revised Code of Washington or any other statute or source, to the extent of the indemnity set forth in this paragraph. In the event that the City is successful in proving that the foregoing indemnity is limited by RCW 4.24.115, the City shall defend, indemnify and hold harmless the indemnities to the full extent allowed by RCW 4.24.115. In no event shall City's obligations hereunder be limited to the extent of any insurance available to it. Neither indemnity obligation shall apply in cases of the sole negligence or other wrongful misconduct of the indemnitee. Q. MUTUAL RELEASE AND WAIVER The Concessionaire and City shall not assign to any insurance company any right or cause of action for damages which the parties now have or may subsequently acquire against the other party during the term of this Agreement, and shall waive all rights or subrogation for such damage. 11- R. STANDARDS Concessionaire recognizes that although it is operating its facilities as an independent operator for profit, the City is organized and exists for the purpose of maintaining park and recreation facilities for the use and enjoyment of the general public. The Concessionaire, its agents and employees, will devote their efforts toward rendering courteous service to the public as though they were employees of the City, with a view of adding to the enjoyment of the patrons of this recreational facility. Concessionaire shall operate and conduct the facilities in the Concession Premises in a businesslike manner, and will not permit any illegal acts or conduct on the part of the Concessionaire's employees which would be detrimental to the City's operation of the Maplewood Golf Course. Concessionaire will not conduct, or allow to be conducted, activities that generate excessive noise or light or otherwise create a nuisance to the surrounding neighborhoods. Once informed by the City that it believes such activity is occurring, or that it has been receiving reasonable complaints from the neighborhood, the City and Concessionaire will meet to try and arrive at a method of operation by Concessionaire that will eliminate, or sufficiently ameliorate the problems. The City retains the right under its police power, or under its ownership interest of the property, to direct Concessionaire to make changes in its methods of operation that will eliminate conduct or activities that the City reasonably believes creates a nuisance. S. CONTINUOUS OPERATION Concessionaire shall keep the Concession Premises open and use them to transact business with the public on a continuous basis during hours listed in Section f7 hereof. Subject to the prior written approval of the City, the Concessionaire may close the Concession Premises or any portion thereof for a reasonable period for repairs or remodeling, for taking inventory, or to accommodate the construction by the City of public improvements, provided that a written notice of such impending closure is posted in a conspicuous place on the Concession Premises or any portion thereof in an emergency without the approval of the City. In the case of an emergency, the City reserves and retains the right to close the Concessionaire's operation or any portion thereof if necessary to prevent harm caused by the emergency. This closure shall not continue longer than the least amount necessary to prevent such harm T. COMPLIANCE WITH LAWS 12 Concessionaire shall comply with all applicable Federal or State laws and City ordinances, and with applicable Federal, State, City and local directions, rules and regulations. U. UNUSABILITY In the-event the Premises or the clubhouse building is damages by fire, flood, earthquake, act of war or other casualty, the City shall promptly repair the same, provided that if the peril causing the damage is not covered by insurance on the building and Premises required to be maintained by the City pursuant to paragraph N above, then the City may terminate this Agreement by giving written notice to the Concessionaire within thirty (30) days of the date of the damage. If the damages interfere with the operation of the restaurant lounge or banquet facility operations, the Concessionaire's obligation to make payments to the City shall abate until the repairs are completed and the term of this Agreement shall be extended by the number of days equal to the duration of time from the date of the damage to the date of completion of the repairs. V. SURRENDER OF PREMISES AND REMOVAL OF CONCESSIONAIRE'S PROPERTY 1. Upon termination or expiration of this Agreement, the Concessionaire shall surrender the Concession Premises to the City and promptly surrender and deliver to the City all keys that it may have to any and all parts of the Concession Premises. 2. The Concession Premises shall be surrendered to the City in as good a condition as at the date of execution of this Agreement, except for the effects of reasonable wear and tear, alterations, and repairs made with concurrence of the City, and property damage by fire and other perils insured in contracts or policies of all risk insurance. 3. Within 30 days after the termination of this Agreement or the expiration of its term, Concessionaire shall remove from the Concession Premises, at its sole expense, all equipment, furnishings, and other personal property owned and placed in or on the Concession Premises by the Concessionaire, but not including the range hood, freezer, walk-in cooler, and bar. 4. In the event that after termination or expiration of this Agreement, the Concessionaire has not removed its equipment, furnishings, and other personal property within the time allowed, the City may, but need not, remove said personal property and hold it for the owners thereof, or place the same in storage, all at the expense and risk of the owners thereof, and the Concessionaire shall reimburse the City for any expenses incurred by the City in connection with such removal and storage. The City shall have the right to sell such stored property, without notice to 13- I Concessionaire, after it has been stored for a period of thirty (30) days or more, the proceeds of such sale to be applied first to the cost of sale, second to payment of any charges for storage, and third to the payment of any other amounts which may then be due from Concessionaire to the City, and the balance, if any, shall be paid to the Concessionaire. W. LIENS AND ENCUMBRANCES Concessionaire shall keep the Concession Premises free and clear of any liens and encumbrances arising or growing out of its use and occupancy of the Concession Premises. At the City's request, Concessionaire shall furnish the City written proof of payment of any item which would or might constitute the basis for such a lien on the Concession Premises if not paid. X. ENTRY I The City's representative may enter the Concession Premises during normal operating hours for the purpose of inspecting or repairing the same except in the case of emergency, but this right shall impose no obligation upon the City to make inspections to ascertain the condition of the Concession Premises in addition to the City's responsibility to conduct annual inspections. Y. ACCESS TO BOOKS AND RECORDS; CASH RECEIPTS The Concessionaire shall provide quarterly reports to the City and the City retains the right, at any reasonable time, upon reasonable notice, to have an audit of the Concessionaire's books and records. Concessionaire shall provide an annual report or balance sheet to demonstrate solvency of the business. The report shall include: detail sales, costs of sales, wages/benefits, operating expenses, administrative expenses, internal corporate payment, and depreciation/amortization. The City, through its representative, shall have the right at reasonable times to examine and inspect books and records of the Concessionaire bearing upon or connected with the business conducted upon the Concession Premises to determine compliance with the provisions of this Agreement. Concessionaire shall record all sales in a system that records and identifies the date, type of sale, and the amount of each transaction. Z. APPROVAL OF MENUS AND PRICING. Final menus and pricing at current market prices will be established with the Board's approval after this concession has been awarded and prior to opening the facilities. Once established, the Concessionaire may not change the items on the menu more than 14 0 0 twenty-five (25%) or the prices more than an average of ten percent (10%) without the written approval of the Board. AA. INCORPORATION BY REFERENCE The request for proposal and response thereto are incorporated herein as if fully set forth. To the extent the text of this Agreement modifies the request for proposal or response thereto, in any fashion, the language of the test of this agreement shall control. BB. DELIVERIES All deliveries are to be made prior to 11:00 AM. Deliveries made after 11:00 AM are restricted to the southeast portion of the building in order to minimize the impact to the golfers. Any damage done to the turf by delivery drivers must be repaired at Concessionaire's expense. CC. DEFAULT OR FAILURE OF CONSIDERATION The City may terminate this Agreement and take immediate possession of the Concession Premises in the event that the Concessionaire shall have failed to perform any of the covenants or conditions of this Agreement, and such default or deficiency in performance was not remedied by the Concessionaire within thirty (30) days after receiving notice in writing stating the nature of the default or deficiency and the City's intention to terminate if not corrected. 15- DD. ASSIGNMENT OF AGREEMENT Concessionaire shall not assign or transfer this Concession Agreement nor otherwise convey any right or privilege granted hereunder or any part of the Concession Premises unless the written consent of the City be first obtained, which consent shall not be unreasonably withheld. Neither this Agreement nor any right, privilege or interest therein or thereunder shall be transferable by operation of law or by any process or proceeding of any court EE. MODIFICATION I The parties hereto reserve the right to amend this Agreement from time to time as may be mutually agreed. No amendment hereto shall be effective unless written and signed by authorized representatives of the parties hereto. FF. ENTIRE AGREEMENT This Agreement constitutes the entire Agreement between the parties. IN WITNESS WHEREOF, the City has cause this Concession Agreement to be executed by its proper officers duly authorized this o?r day of � , 2003, and the Concessionaire has hereunto set its hand. CONCESSIONAIRE THE CITY OF RENTON All My Restaurants, Inc. I By: By: aesse Tanner - Mayor gry a 16 ATTEST BY: Bonnie I. Walton - City Clerk BOARD OF PARK COMMISSIONERS By ��t Cynth' M. Burns - Chirman I i 17- i • • EXHIBIT A: LEGAL DESCRIPTION OF THE MAPLEWOOD GOLF AND COUNTRY CLUB, as described in the attached Statutory Warranty Deed. See Exhibit A, pages 1, 2,3, and 4. EXHIBIT B: FLOOR PLAN FOR THE PREMISES. EXHIBIT C: AUDIO VISUAL EQUIPMENT (intentionally left blank) EXHIBIT D: KITCHEN EQUIPMENT (Fully executed 9/02) EXHIBIT E: JANITORIAL STANDARDS (Revised for current contract) EXHIBIT F: CHANGE ORDERS (No longer included, from original construction) EXHIBIT G: SIGNAGE I\kbeymer\concess\2003 exhibits title page EXIM131T A LEGAL DESCRIPTION OF THE MAPLEWOOD GOLF AND COUNTRY CLUB, as described in the attached Statutory Warranty Deed. See Exhibit A, pages 1, 2, 3, and 4. i I Exhibit A, page 1 of 4 Vtu irii:i U •' f II KING COUNTY r; E�1 �`C �0 RETJ':i �C . 80 EXCISE TAX 31�� $ Warren & Kellogg , P . S . FEB 1 1%5 :'Y S10N OF P.O .ttorneys at Law Q8� >�i FCSi01�J 0 Box 620 -F r�•ly�K• M�! \�I�L� �JOV � 1 Renton , WA 98057 85/02--O s #055:-- - STATUTORY WARRANTY DEED F..`GD F _•. 100 55 MAPLEWOOD GOLF AND COUNTRY CLUB, a Washington corporation , for and in consideration of Ten Dollars ( $ 10.00) and other stood and valuable consideration in hard paid , convey(s) and warrant(s) to THE '..r., CITY OF RENTON, a Washington municipal corporation , the following described real estate , situated in King County, State of Washington : PARCEL A: The southwest quarter of the southwest quarter of the r southwest quarter of Section 15 , Township 23 North , Range east , W.M. , in King County, Washington . Except that portion lying within the follow_nz '-escrlbea tract . Commencing at the northwest corner of Section 22, Township 23 North , Range 5 east , W.M. , in King County , Washington ; thence south 87 059120" east 147 feet to the point of beginning ; thence north 27 037 ' 50" east 72.02 feet ; thence south 57 047110" east 129 . 38 feet; thence south 27 037' 50" w-est 136 . 17 feet ; thence north 57 047110" west 118 feet , more or less , to the centerline of existing creek; thence northerly along the centerline of said creek 85 feet , more or less , to a point which bears north 57 047' 10" west from the point of beginning; thence south 57 147 ' 10" east 23 feet , more or less , to the point of beginning. -PARCEL B : 4- That portion of Government Lot 6 , Section 16 , Township 23 north , range 5 east , W.M. , in King County , Washington , lying northeasterly of the northeasterly line of the plat of Maplewood Division No . 2, according to the plat recorded in Volume 39 of Plats , Page 39 , in King County, Washington , as extended northwesterly across the right-of-way of the Defense Plant Corporation as indicated by dotted lines on the plat of Maplewood Div. No . 2, and southeasterly of the northwesterly line of Defense Plant Corporation right-of-way; ALSO The southeast quarter of the southeast quarter of Section 16, Township 23 north , range 5 east , W.M. , in King County , Washington ; STATUTORY WARRANTY DEED PAGE 1 Exhibit A, page 2 of 4 Except t'?at port'on platted as Map'lewood Div . tio . 2 , according to the plat recorded in Volume 39 of Plats , Page 39 , in King County, Washington . PARCEL C : That portion of Government Lot 1 , Section 21 , Township 23 north, range 5 east , W.M. , in King County ,. Washington , lying northerly of State Highway No . 5; Except that portion platted as Maplewood Div. No . 2 , according to the plat recorded in Volume 39 of Plats , Page 39 , in King County, Washington. PARCEL D: 7 That portion of the northwest auarter of the northwest quarter and of Government Lot 10 in Section 22, Township O23 north , range 5 east , W.M. , in King County, Washington , ,1 lying northerly of State Highway No . 5 and lying northerly C of the Pacific Coast Coal Railroad right-of-way; U; Together with that portion of County Road No . 1140 , vacated by order entered October 16 , 1939 in Volume 38 of Commissioner ' s Records , page 7 ; Exceot that portion thereof described as follows : Commencing at the northwest corner of Section 22, Township 23 north, range 5 east , W.M. , in King County, Washington ; thence south 87059120" east 147 feet to the point of beginning; thence north 27037' 50" east 72.02 feet ; thence south 57047110" east 129. 38 feet ; thence south 27°37150" west 136 . 17 feet ; thence north 57047110" west 118 feet , more or less , to the centerline of existing creek; thence northerly along the centerline of said creek 85 feet , more or less , to a point which bears north 57047110" west from the point of beginning ; thence south 57047 ' 10" east 23 feet,; more or less , to the point of beginning . PARCEL E : Government Lot 6 of Section 22, Township 23 north, range 5 east , W.M. , in King County, Washington; Except that portion thereof described as follows : t Beginning at the north quarter corner of said section; thence south 1008121 " west along the north and south centerline of said Section 30. 00 feet ; thence north 87059120" west 150.51 feet -to the beginning of a curve to the right with a radius of 330. 00 feet ; thence westerly along said curve through a central angle of 24037 ' 12" an arc distance of 141 . 80 feet to inter e sect. th., north line of STATUTORY WARRANTY DEED PAGE 2 Exhibit A, page 3 of 4 • Said section ; ;ence SOtItY 3)7059f2011 e3St 2-87 - 53- feet to the point of beginning . PARCEL F : South half of the south half of the northwest cuarter of the southwest quarter of the southwest quarter of Section 15, Township 23 north, range 5 east , W.M. , in King County , Washington . SUBJECT TO: cJ 1 . Rights claimed under deeds recorded under King County Recording Nos . 3413714 and 4660 ; r-i 2. Easements recorded under King County Recording p Nos . 1971852, 3332114, 4427279 , 4427281 , LI .5743790 , 5275717, 5155315, 5913518, 7609030618 , co 7703030695, 7305100471 , 7703030696 and 7809071072 , and 7809071068; 3. Easements established by proceedings in King County Superior Court Cause Nos . 486190 , 499210 and 748; 4. Reservations contained in instrument recorded under King County Recording No. 241250 ; 5. Questions that may arise due to the shifting or change in the course of the Cedar River or the unnamed creek on the premises, or right of the gtate of Washington in and to that portion of the premises , if any, lying in the old and new beds of the Cedar River ; 6 . Agreement recorded under King County Recording No . 7502140608 . DATED: January 31 � , 1985 . 4s_ MAPLEWOOD GOLF AND COUNTRY CLUB ,_ {' a Washington corporation B y Y-� President I By O-tf�J 031�� cretary STATUTORY WARRANTY DEED PAGE 3 ` n Exhibit A, page 4 of 4 STATE OF WASHINGTON ) ss COUNTY OF KING 0nIPis day personally appeared before me I—Iccf-f-s and Johfl (/V to me known to be the President and Secretary, respectively, of MAPLEWOOD GOLF AND COUNTRY CLUB, the corporation that executed the foregoing instrument , and acknowledged the said instrument to be the free and voluntary act and deed of the corporation , for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute the instrument . c.? DATED: January 1985 . L7 �Z O Notary Public in and for the L7 State of Washington , residi n-g at Renton . :1 - i STATUTORY WARRANTY DEED PAGE 4 EX=IT B FLOOR PLAN FOR THE PREMISES �y ;; w . . :::.>::::;;::>.... ..::>: :> :: « :.....: ; © ..�....................... . ., x :::::::::: v ::•iii:i::i:> :>: ::;; :. ... a r rr E I i J{ i / .11 s fl i 0 / F j tl Z F t i S c a a Y J� Z l E- .4 - �D 1 i { 2 I J• _ — p , — Z W •: s k I �::.. ........................................... d ............................................ $ 1 :: :i::i:•:is-::i�- 1 i}ii::,!'�':�' ,) F :f i a I - -- ---- u � 1 ei i± I i i• Z cl rt ii: i •a iix:i:':: - _ I ..: o r:«z:::i:; : : _ _ �I : .. .. ....................... .......................... :2i%i: U n < is H- - o; . ...:.:.. ................... i x :L?%J III I r i ':Firi:i+,:•: .T--'�'" —: it t,. >a - 'I a i ........... ........... ::r >:-:>: :�: `L a, E +. 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O lJ N s 1 I .I sa - - EXHIBIT C AUDIO VISUAL EQUIPMENT i I'� • • EXHIBIT C AUDIO VISUAL EQUIPMENT INTENTIONALLY LEFT BLANK ORIGINAL ITEMS NO LONGER IN INVENTORY CONCESSIONAIRE HAS REPLACED AS TECHNOLOGY CHANGED I EXIMBIT D KITCHEN EQUIPMENT ICI MAPL�`WOOD GOLF COURSE CLUBHRSE LEASE AND CONCESSION AGREEMENT KITCHEN EQUIPMENT EXHIBIT D QUAN'EITY EUZPMENT DESCRIPIfN IT$M I�IQ Lot Clean Dishtable lA 1 12" x 84" Shelf L-Shaped Soiled Dishtable - included in 1B Item lA 1 Disposer 2 1 Hose Reel Complete 3 Lot Wall Shelf 5 1 Pot Sink 6 2 Faucets 6A Lot Wall Shelf 7 1 3 - Tier Boxed Syrup Rack 8 1 Ice Maker & Bin 9 Lot Walk-In Shelving 13 1 Keg Rack 14 Lot Freezer Shelving 15 1 Table 16 1 Single Tiered Table Mounted Shelf 17 1 Prep Sink 18 2 Faucet 18A 1 Single Tiered Table Mounted Shelf 19 2 Hand Sink 20 1 30 Quart Mixer 21 1 Worktable 22 1 Faucet 22A 1 Wall Shelf 23 z. 1 Worktable 24 1 Slicer 25 # Lot Range Bank 28 � g 1 Pizza Oven 28A F. 1 Remote Refrigerated Equipment Stand 29 Lot Fryer Battery 30 1 Chef ' s Table 31-37 1 Toaster 35A 1 Drop-in Sink 10" 40 1 Undercounter Refrigerator 41 Page I of 2 MAPOWOOD GOLF COURSE CLUBASE LEASE AND CONCESSION AGREEMENT KITCHEN EQUIPMENT EXHIBIT D E €IANTZTY EQU:fPMEI`TT €�ESCRIP�. ITEM 1�Q `. 2 Soup Warmer Cook & Hold 42 1 Microwave Oven 43 1 Fill Faucet 48 1 Recessed Drain 48A 1 Drop-in Ice Cream Cabinet 50 1 Hot Dog Machine 51. 1 Undercounter Refrigerator 52 1 Beer Dispenser 53 Lot 5 - Tier Shelving 57 1 Convection Steamer 58 1 Drop-in Sink 62 1 Drop-in Ice Bin 63 Lot Bar Die Complete 66-72 Lot 4 - Tier Liquor Shelving 76 1 Wall Mount Hand Sink 78 1 Worktable 79 1 12" Swing Faucet 79A 1 Wall Shelf 80 1 Drop-in Sink 83 1 Microwave Oven 85 Lot (2) Mobile Worktable 86 Lot 4 - Tier Banquet Storage Shelving 87 1 Ice Machine 88 -1 Undercounter Dishmachine 89 1 Sink 90 1 Faucet with Aerators 90A 1 Mobile Food Warmer 91 1 2 - Section Roll-in Refrigerator 92 2 Roll-in Racks 92A 2 Heated Plate Carts 93 1 Counter Broiler 94 1 Add-A-Broiler Top 95 1 Tilting Skillet & Stand 96 1 Romanco P.O.S . System 97 City14:1 if-d Page 2 of 2 • Exhibit E MAPLEWOOD GOLF COURSE CLUBHOUSE LEASE AND CONCESSION AGREEMENT Janitorial Standards for Concessionaire Concessionaire shall at all times and at no expense to the Board, keep the Concession Premises in a neat, clean, safe and sanitary condition. The concessionaire shall at all times keep the glass of all windows and doors clean and presentable (both interior and exterior); furnish all cleaning supplies, materials and equipment needed to operate the Concession Premises in the manner prescribed in this Agreement; and provide all necessary janitorial service to adequately maintain the Concession Premises on the frequency schedule made part of this Exhibit, which by this reference is incorporated herein. The Board through its representative shall conduct periodic inspections of the Premises and shall notify the Concessionaire in writing to make changes in maintenance methods and/or to make immediate repairs to area affected by unacceptable maintenance methods. The Concessionaire shall make changes and/or repairs within the time, or times, indicated by the Board. The Concessionaire shall contract with a qualified pest control company to control the rodent population around the Premises. Concessionaire may provide for janitorial services by contract with a third party, which shall be subject to this Agreement and the prior written approval of the Board. Concessionaire shall provide a list of emergency phone numbers including those of any firms performing contract maintenance to contact in case of emergency, (e.g. fire extinguishing system maintenance or alarm company). Concessionaire shall provide fire extinguishers and other items required by Fire Department. All kitchen equipment must be approved for use by building/fire departments. Page 1 of 4 I:\Concess\ConcessionaireExhibit E.doc Exhibit E MAPLEWOOD GOLF COURSE CLUBHOUSE LEASE AND CONCESSION AGREEMENT Janitorial Standards for Concessionaire FREOUENCYSCHEDULE Including, but not limited to the following: DAILY 1. Empty all trash including patio receptacles and place in dumpster. Brush and/or wipe wastebaskets. Wash wastebaskets as needed. 2. Dust all desks, tables, counters, files, telephones and other furniture within reach. Remove spillage as needed. 3. Wash table tops, counters and all surfaces. 4. Sweep/damp mop all epoxy floors. Remove spillage on all floors each night. 5. Replace burned out light bulbs except in the banquet facility where the Concessionaire will supply the bulbs to the City for the City to replace. 6. Pick up trash, dump trash container to primary dumpster location in the east parking lot. Keep surrounding area of the dumpster free of debris. 7. Spot clean marks and smudges from walls, especially doors, around push plates, and light fixtures. 8. Keep janitor storage areas neat and clean. 9. Vacuum carpeted areas and all entry mats. Spot clean as required. 10. Empty and wash all ashtrays. 11. Dust mop hardwood floors followed by wet mopping with a pH neutral cleaner. 12. Sweep/clean patio areas. 13. Clean door glass. Page 2 of 4 [:\Concess\ConcessionaireExhibit E.doc Exhibit E MAPLEWOOD GOLF COURSE CLUBHOUSE LEASE AND CONCESSION AGREEMENT Janitorial Standards for Concessionaire 14. Provide litter control for any litter generated through use of restaurant lounge and banquet facilities out to service road. Weekly I 1. Perform high dusting such as upper walls, ventilator grills, except in banquet facility where the City shall perform high dusting of ventilation grill and upper walls. Perform high dusting of piping, floor and window casings, and other surfaces not done on a more frequent basis. 2. Use a damp cloth or dust rag and clean the interior and outer surface of all lights. 3. Dust/clean all papered walls. 4. Clean grease trap and drain. 5. Maintain area around compactor/dumpster off kitchen area. If utilized, maintain the compactor/dumpster and area within the fenced enclosure in the parking lot. 6. Remove scuff marks on hardwood floors with a high-speed burnisher. 7. Hose down patio areas. 8. Hose down dumpster area off kitchen(daily if needed). Monthly Clean interior and exterior window and door glass. Quarterly to Semi-Annually Clean carpet. Page 3 of 4 I:\Concess\ConcessionaireExhibit E.doc 0 Exhibit E MAPLEWOOD GOLF COURSE CLUBHOUSE LEASE AND CONCESSION AGREEMENT Janitorial Standards for Concessionaire Semi-Annually to Annually 1. The City will recoat hardwood floors with "Envirocare Tech 4" in accordance with manufacturer's specifications. The City will invoice the Concessionaire for 100% of the labor and material costs. 2. Pressure wash patio and tent slab prior to season use. 3. Grease holding tank pumped annually. Periodic Range hood, bar, and refrigerator to receive normal periodic maintenance and on as- needed basis as per manufacturer's specifications. Page 4 of 4 I:\Concess\ConcessionaireExhibit E.doc 1S!Fit`N Lftli>c:SLIS Al-,YA' 7eT KiA�' f. . .. '+.t ia'1`i �it4' r,,I,;yan� y S� o. ir( 41�1lyA4�ytt yA !. y S�1J Irr" � t r �:�rn4, ,,, sf� , � • yt e .,i r4°s Yir)iF� Y ' f5 ' r •1' s r I it,' S � f , � ' , A�J� . 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