18-104.01 New Splash Down Concessions: Lease Agreement CONTRACT AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF
SPOKANE VALLEY AND NEW SPLASH-DOWN CONCESSIONS, INC.
Spokane Valley Contract#18-104.1
For good and valuable consideration,the legal sufficiency of which is hereby acknowledged, City and the
Contractor mutually agree as follows:
1. Purpose: This Amendment is for the Lease for New Splash-Down Concessions, Inc. by and between the
Parties,executed by the Parties on June 1,2018,and which terminates on December 31,2023. Said contract
shall be referred to as the "Original Contract" and its terms are hereby incorporated by reference. New
Splash-Down Concessions, Inc. pays the City an annual lease payment of$15,000 plus 12.84% of this
payment as leasehold excise tax.
2.Original Contract Provisions:The Parties agree to continue to abide by those terms and conditions of the
Original Contract and any amendments thereto which are not specifically modified by this Amendment.
3.Amendment Provisions: This Amendment is subject to the following amended provisions, which are as
follows. All such amended provisions are hereby incorporated by reference herein and shall control over
any conflicting provisions of the Original Contract, including any previous amendments thereto.
COVID-19 has had a major impact on businesses in Spokane County. Due to the restrictions on Spokane
County placed by the Governor and the Spokane Regional Health District, water facilities are unable to
open until at least Phase 3. Given these restrictions, New Splash-Down Concessions, Inc. will not be
opening in 2020. Due to the fact that New Splash-Down Concessions, Inc. will not be opening for 2020,
the City will waive the lease payment for 2020.
Additionally, the City will not require New Splash-down Concessions, Inc. to obtain premises liability
insurance for the 2020 season since they will not be open,with the understanding that operator will post at
least four no trespassing signs on each of the four fenced sides of the property.
4.City owed Compensation Amendment History:This is Amendment#1 of the Original Contract. The City
will be waiving the lease payment for 2020.
The parties have executed this Amendment to the Original Contract this ^day of July;2020.
C TY OF SPOIM.NE VALLEY: CONTRACTOR:
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Mark Calhoun Icy: _
City Manager Its: kt)h4
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