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11-076.00 Splash Down Concessions, Inc. OFFICE OF THE CITY ATTORNEY SjöIkane CARY P.DRISKELL—CITY ATTORNEY Valley® 11707 East Sprague Avenue Suite 103 ♦ Spokane Valley WA 99206 509.688.0235 • Fax: 509.688.0299 • cityattorney @spokanevalley.org SUPPLEMENTAL AGREEMENT BETWEEN THE CITY OF SPOKANE VALLEY AND SPLASH-DOWN CONCESSIONS, INC. FOR PAYMENT OF MONIES DUE AND OWING FOR 2010 PURSUANT TO THE SPLASH-DOWN CONCESSIONS, INC.,AGREEMENT ENTERED INTO THE PARTIES MAY 19, 2009. The City of Spokane Valley (City) and Splash-Down Concessions, Inc., entered into an Agreement ("2009 Lease Agreement") for the lease of certain City-owned property located on the north side of Valley Mission Park, 11423 East Mission Road, Spokane Valley, Washington. The 2009 Lease Agreement requires certain lease payments to be made by Splash-Down to the City. Splash-Down is not current with its 2010 lease payment obligations, with a principal and interest balance owing of $34,554,55. (See Attachment A, payment schedule, incorporated herein by reference). The parties agree that it is appropriate to have a modified payment schedule for the 2010 lease payments, which shall be as set forth in Attachment A. All other lease payments for 2011 and the remaining years on the 2009 Lease Agreement shall remain as previously agreed to. This Supplemental Agreement is intended as an amendment of the 2009 Lease Agreement, and incorporates the same herein. Any term of the 2009 Lease Agreement not specifically amended herein remains unchanged. In the event of a transfer of a majority ownership share of the subject business, any remaining unpaid balance will immediately become due and owing, and must be paid within 20 days of the closing of such transfer. If any sum payable under this agreement is not received at City Hall by the due date set forth immediately above, the entire principal sum, or that amount that remains unpaid as of the date of default, shall immediately become due and owing, and the City shall have all options available pursuant to the 2009 Lease Agreement. Dated: it- — Dated: ‘ 3a/( Agree• to by Splash-Down Concessions, Inc. City of Spokane Valley . ffr_ / ! M' 4 We oggj1ic !'residentiklo Mike Jacks0 i y Manager Page 1 of 2 Approved as to form: C ? Lam Office otithe City Attorney STATE OF WASHINGTON ) )ss. County of Spokane ) On this 30 day of June, 2011, before me, the undersigned, a Notary Public in and for the State of Washington, personally appeared Melissa Kellogg, Vice-President of Splash-Down Concessions, Inc., to me known to be the individual(s) who executed the foregoing instrument, and acknowledged the said instrument to be her free and voluntary act and deed for the uses and purposes therein mentioned, and that she has the authority to sign on behalf of the above-stated business entity. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. Notary Pl]D1ic in and or the State of VP 44. #1 Washington, residing at Spokane Valley O. NOTARY %C. P; My Appointment expires S ") '1 Z- ; PupLic -yam 4,oi' � ‘‘„A- \O-WAIN\ _ Page 2 of 2 Akl,k rn l' A C:\Documents and Settings\CDriskell\Local Settings\Temporary Internet Files\Content.Outlook\RJ2UVP1 D\Splash Down amortization (2).xlsx Loan Amount $32,485.42 6/30/2011 Annual Interest Rate 6.000% Length of Loan 24 Monthly Payment $1,439.77 Payment Payment Remaining Payment Number Amount Interest Principal Balance Date 32,485.42 1 1,439.77 162.43 1,277.34 31,208.08 7/15/2011 2 1,439.77 156.04 1,283.73 29,924.35 8/15/2011 3 1,439.77 149.62 1,290.15 28,634.20 9/15/2011 4 1,439.77 143.17 1,296.60 27,337.60 10/15/2011 5 1,439.77 136.69 1,303.08 26,034.52 11/15/2011 6 1,439.77 130.17 1,309.60 24,724.92 12/15/2011 7 1,439.77 123.62 1,316.15 23,408.77 1/15/2012 8 1,439.77 117.04 1,322.73 22,086.04 2/15/2012 9 1,439.77 110.43 1,329.34 20,756.70 3/15/2012 10 1,439.77 103.78 1,335.99 19,420.71 4/15/2012 11 1,439.77 97.10 1,342.67 18,078.04 5/15/2012 12 1,439.77 90.39 1,349.38 16,728.66 6/15/2012 13 1,439.77 83.64 1,356.13 15,372.53 7/15/2012 14 1,439.77 76.86 1,362.91 14,009.62 8/15/2012 15 1,439.77 70.05 1,369.72 12,639.90 9/15/2012 16 1,439.77 63.20 1,376.57 11,263.33 10/15/2012 17 1,439.77 56.32 1,383.45 9,879.88 11/15/2012 18 1,439.77 49.40 1,390.37 8,489.51 12/15/2012 19 1,439.77 42.45 1,397.32 7,092.19 1/15/2013 20 1,439.77 35.46 1,404.31 5,687.88 2/15/2013 21 1,439.77 28.44 1,411.33 4,276.55 3/15/2013 22 1,439.77 21.38 1,418.39 2,858.16 4/15/2013 23 1,439.77 14.29 1,425.48 1,432.68 5/15/2013 24 1,439.84 7.16 1,432.68 0.00 6/15/2013 34,554.55 2,069.13 32,485.42 Page 1 of 1