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18-104.02 Splashdown Concessions: Lease Amendment A 2021 AMENDMENT TO THE LEASE BETWEEN THE CITY OF SPOKANE VALLEY AND NEW SPLASH-DOWN CONCESSIONS,INC. Spokane Valley Contract#18-104.2 For good and valuable consideration,the legal sufficiency of which is hereby acknowledged,City and New Splash-Down Concessions,Inc.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 lease shall be referred to as the"Original Lease"and its terms are hereby incorporated by reference. New Splash- down concessions,Inc. is obligated to pay the City an annual lease payment of$15,000 plus 12.84%of this payment as leasehold excise tax. 2. Original Lease Provisions: The Parties agree to continue to abide by those terms and conditions of the Original Lease and any amendments thereto which are not specifically modified by this Amendment. 3. Amendment Provisions: This Amendment is subject to the following provisions: All such amended provisions are hereby incorporated by reference herein and shall control over any conflicting provisions of the Original Lease, including any previous amendments thereto. COVID-19 continues to have a major impact on businesses in Spokane County. Due to the various health restrictions placed by the state of Washington and the Spokane Health District, water facilities such as Splash-Down Concessions,Inc.may not operate at full capacity. Given these restrictions,New Splash-Down Concessions Inc. will not open in 2021. Because New Splash-Down Concessions, Inc. will not open for 2021,the City waives the lease payment for 2021. The City will not require New Splashdown Concessions,Inc.to obtain premises liability insurance for the 2021 season since they will not be open,and the operator shall post at least five no trespassing signs on each of the four fenced sides of the property. Section 2 of the lease is amended to change the expiration date of the initial term from December 31, 2023 to December 31, 2025. The parties have executed this Amendment to the Original Lease this , "T� day of June, 2021. CITY OF SPOKANE VALLEY: NEW SPLASH-DOWN CONCESSIONS,INC. Ivtfrkk Cal(i(tt -- ill/01(_,S A"CM k Calhoun By: City Manager Its: APPROVED AS TO FORM: 0 Office b4 se i ey 1