18-104.03 Splashdown Concessions: 2022 Lease Agreement Amendment 2022 AMENDMENT TO THE LEASE BETWEEN THE CITY OF SPOKANE VALLEY
AND NEW SPLASH-DOWN CONCESSIONS,INC.
Spokane Valley Contract#18-104.3
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 significantly impacted the ability of New Splash-Down Concessions,Inc.to operate in 2020
and 2021,resulting in the business being unable to open either year. The City and New Splash-Down
Concessions, Inc. entered into amendments to the Original Lease in 2020 and 2021 that allowed New
Splash-Down Concessions, Inc. to not open for business, waiving lease payments, and waiving the
requirement to obtain premises liability insurance.
As a further consequence of being closed in 2020 and 2021,the physical facilities at New Splash-Down
Concessions, Inc. have suffered extensive vandalism and the landscaping has become substantially
overgrown. Additionally, due to the death of the managing owner in August 2020, there is a lack of
certainty regarding future operations by New Splash-Down Concessions, Inc. The remaining family
have been actively attempting to sell the business,which leases a portion of Valley Mission Park from
the City for its operations.
Given these issues,New Splash-Down Concessions,Inc.will not open in 2022. Because New Splash-
Down Concessions,Inc.will not open for 2022,the City waives the lease payment for 2022.
The City will not require New Splashdown Concessions,Inc.to obtain premises liability insurance for
the 2022 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.
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The parties have executed this Amendment to the Original Lease this 2 9 Ti# day of June,2022.
CITY OF SPOKANE VALLEY: NEW SPLASH-DOWN CONCESSIONS, INC.
fittrt,e
hn Hohman By
City Manager Its:A\Qft.Q V
APPROVED AS TO FORM:
Office of etY Y Ci Atto
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