Professional Documents
Culture Documents
PARTIES:
TO CONCESSION
AGREEMENT
WITNESSETH:
WHEREAS,
hereto entered
concession
2001
by Resolution
into an agreement
No. 638-2000,
(the "Agreement")
through
$2,097,000
December
31,
at the Facility;
and
WHEREAS,
2020,
$4,600,000,
(the "Facility"),
by Resolution
established
No. 313-2005,
improvements
in the amount
of
performed
as being
in the Agreement;
and
WHEREAS,
to the Facility
in excess
of $350,000,
the CONCESSIONAIRE
and proposed
by Resolution
through December
No.
889-2008,
adopted
capital improvements
capital improvements
in
on September
16,
2008,
extended
the
The following
subparagraph
32 of the
Agreement:
"h) A default or event of default occurs under
CONCESSIONAIRE'S
credit facility with its
designated financing entity ("Credit Facility")
which continues beyond any applicable period for
grace and cure. With respect to any default under
this subparagraph (i) of Paragraph 32 of this
Agreement, CONCESSIONAIRE'S period of grace
and cure shall be controlled by the loan documents
for the Credit Facility, and the 60 day period set
forth in the ful1 paragraph following this
subparagraph (h) shall not apply."
2.
any reason
other than the default of the
CONCESSIONAIRE,
the TOWN shall pay to the
CONCESSIONAIRE
a sum equal to 5% of the
capital improvements made to the facility by the
CONCESSIONAIRE,
for each year or part of a year
remaining in the initial term of this Agreement,
including any remaining renewal options, up to
100% of the value of said improvements."
3.
CONCESSIONAIRE
In
accordance
with
Paragraph
32
of
the
the
[End of text.
Agreement,
IN WITNESS
TOWN OF OYSTER
WHEREOF,
SRB CONVENTION
AND CATERING
By:
e:
Title:
Date Signed:
Supervisor
June~,
2010
,=Rec:; ~
Deputy Town Attorney
SRB CONVENTION
By:
ifBf'kJ[;gI)
9110ti-Name:
Title: President
Date Signed: June~,
AND CATERING
~
2010
CORP.
. 0""""
On this {)
~~v
~t.~~\
\\0
resides at\\S~.\<.\W\~
Oyster
/.
, 20 1 0, before me personally
)lU\t.
\-\~~e.~~
; that he is the
corporation
described
of the Town
S~e.~\.l\s.c>(l....
herein
such corporate
came
, to me known, who, being by me duly sworn, did depose and say that he
instrument;
day of
of
the foregoing
seal; that it was so affixed by order of the Town Board of said corporation,
and
LOIS A. TRIPODO
NOTARY PUBUC, State oJ New York
No. 304828015
Qualified in Nassau Coullhf.., _
Commission Expires Aug. 3~(
) ss.:
)
On this
HAl?/7r!tIM-
:Sl )7}'){
ad/6LaUlZel
AND CATERING
and which executed
[/fIVe,
CORP,
came
t....aure..Ilc)/tJ
; that
Il
4..
he is the
fr"'iES
of SRB CONVENTION
day o~
,to me known, who, being by me duly sworn, did depose and say that he
.
resides
described
of said corporation
PATRICIA
is said
tlJLan1.I1L
~A
tS
Stale of Ne\J Yurk
Notary PubliC.
Qualified
in (-Jassdu
that the
_.~
kdzt'ut
County
No.3~62014~~~
J"rr.oe:::("F
in
Exhibit A
General Release of all Liability
SRB Convention
their affiliates,
consideration
successors
certain Concession
hereby releases,
appointed
officials,
and each of
"Releasing
as amended ("Concession
executions,
agreements,
promises,
in
of a
Agreement"),
"Released
from all actions, causes of action, suits, debts, sums of money, accounts, invoices,
controversies,
Parties"),
variances, trespasses,
damages, judgments,
Parties"),
contracts,
extents,
claims, and demands, in law or equity, which anyone or more of the Releasing Parties
ever had, now have or may have had against anyone or more of the Released Parties for any
reason, from the beginning of the world to the date of this Release.
The Releasing
and material
term of this Release and that the payment made by the Town of Oyster Bay in connection
this Release is intended to be in full satisfaction
incurred by the Releasing
Parties.
with
at law or in equity,
expenses,
with or
for or on
account of any damage, loss or injury either to person or property, or both relating to or arising
out of the termination
of the Concession
Agreement.
The person signing this Release and Covenant not to Sue on behalf of the undersigned
warrants and represents
to the Released Parties that it has full right and authority to execute this
Dated:
6,9 .
,20la
SRB Convention
STATE OF tJe.PJ~lqe/C
) ss.:
COUNTY OF N<u;SClLU.
On the
- day 00,
Parties.
3 ;~
_~n
PATRICIA BARANEU .Q
Notary Public,
state of Nu~, \;Irk
Qualified
in l.JaSSdU County
No. 30-4520194
Tsr.m Expir95 M .
y 31, ~/
SRB CONVENTION
AND CATERING
AGRE".'MENT
OFFICE
CORP.