HomeMy WebLinkAboutBRAUNS BAR GRILL - CONTRACT - RFP - P869 COLLINDALE CONCESSIONAIRESECOND ADDENDUM TO THE COLLINDALE GOLF COURSE
RESTAURANTISNACK BAR CONCESSION AGREEMENT
THIS ADDENDUM is made and entered into by and between THE CITY OF FORT
COLLINS, COLORADO, a municipal corporation, whose principal offices are at 300 Laporte
Ave., Fort Collins, Colorado, ("City") and BRAUNS BAR & GRILL AT COLLINDALE LLC
("Concessionaire"), and shall be effective on the date signed by the City.
WITNESSETH:
WHEREAS, Concessionaire and the City have previously entered into that certain
Concession Agreement dated January 17, 2003 ("the Agreement'; and
WHEREAS, Concessionaire and the City have previously entered into the First
Addendum to the Agreement dated May 26, 2004 (the "First Addendum"); and
WHEREAS, Concessionaire desires to change the working name of the concession
operation from Brains Bar & Grill at Collindale to Manno's Grille at Collindale; and
WHEREAS, the parties also desire to amend the amounts and time of payments of the
Concession Fee to the City to provide for a more equal, balanced, and consistent payment
methodology.
NOW, THEREFORE, in consideration of mutual promises and covenants contained
herein, and other good and valuable consideration, the receipt and adequacy of which are hereby
acknowledged, the parties hereto agree to amend the terms and conditions of the Agreement as
follows:
1. The name of the concession in the first paragraph of the Agreement, and the name of the
concession for receiving notices under Section 16.15 of the Agreement are both amended to
read:
Brains Bar & Grill at Collindale, LLC,
dba Manno's Grille at Collindale
2. Section 6.2 of the Agreement is hereby amended to read as follows:
6.2 Time of Payment. The Concessionaire shall pay either 25 percent of the
annual guaranteed fixed concession fee amount, or the percentage amount less 25
percent of the specified reduced amount, whichever is greater, as described in
Section 6.1 above, in four (4) quarterly payments, no later than March 15, June
15, September 15, and December 15 of each calendar year, less any
reimbursements to Concessionaire; and shall pay the percentage amount
differential due if any, for the period of the December 15 payment through
December 31 if the Agreement is terminated in a particular calendar year, with
such payment due no later than January 15 of the following calendar year.
3. All other terms and conditions of the Agreement shall remain unchanged and in full force
and effect, except as amended by the First Addendum, or as expressly provided in this Second
Addendum.
IN WITNESS WHEREOF, the parties hereto have caused this Second Addendum to the
Collindale Golf Course Restaurant/Snack Bar Concession Agreement to be executed as of the
date below.
SUMP
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APPROVM AS TO FORM:
6 U, Dilik
Assistant City Attorney
STATE OF COLORADO )
)ss•
COUNTY OF LARRAER )
CITY OF FORT COLLINS, COLORADO
A municipal corporation
B L-jl�n� 'r
ranigrIB. O'Neill II, CPPO, FNIGP
Dirdetor of Purchasing and Risk Management
DATE: 4 2 7Lo
BRAUNS BAR & GRILL AT COLLINDALE,
LLC
&bta MANNO'S GRILLE AT COLLINDALE
r
By.
Title: a w r.J E- P,
Subscribed and sworn to before me this 21� day of 9 , 2004, + r L
by V . wi / : e EGMa +
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Witness my hand and official seal.
My commission expires: KVa 3rd ?06 ( a,. 2060
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