AG 2004 06 15 - Laserfiche WebLink

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AMENDMENT TO FOOD SERVICES MANAGEMENT AGREEMENT DRAFT 6/3/04 SY MP This Amendment to Food Services Management Agreement is entered into effective the first day of July, 2004 by and between Compass Group, USA, Inc. a corporation with its principal place of business at , ("Compass") and Cabarrus County, North Carolina, a political subdivision of the state of North Carolina with its principal place of business at 65 Church Street, Concord, North Carolina 28025 ("Client"). WHEREAS, on or about October 22, 2002, Compass and Client entered into a Food Services Management Agreement ("Agreement") whereby Compass manages food service operation at the Cabarrus County Arena and Events Center ("Arena"); and WHEREAS, the parties now desire to amend the Agreement; NOW THEREFORE, in consideration of the premises and below terms and conditions, as well as other good and valuable consideration, the sufficiency of which is hereby acknowledged by both parties, the parties agree as follows: 1. Section 2.1 of the Agreement, Food Services & Sales, is hereby deleted in its entirety and the following Section 2.1 is added in its entirety: "2.1. Food and Beverage Services & Sales. During the term of this Agreement, Client grants to Compass the right of first refusal to provide a bid price for food and beverage services and sales for all events held at the Cabarrus County Arena and Events Center (the "Premises") when food or beverages are being purchased for such event, including but not limited to concessions, catering and vending services (collectively "Food Services") at such prices and times of operation as set forth in the Program. In the event Compass elects not to provide a first bid for such services, Compass shall be paid a commission in the amount of twenty percent (20%) of the gross food and/or beverage sales for such event. In the event food and/or beverage items are donated for any such event, Compass shall receive a commission of twenty percent (20%) of the retail value of such donated food or beverage items. However, notwithstanding any term or condition in this or any other agreement, Compass' right of first refusal hereunder shall not include the provision of food and beverage services at events specifically catered by Client's end user, so that all Premises users have the right to choose a food and beverage caterer of their own choice. In addition, Compass' right of first refusal excludes the provision of food and beverage services at the County Fair, unless by mutual written agreement between the parties." 2. The first sentence of Exhibit A to the Agreement, Terms, is hereby amended by deleting the first sentence in its entirety and adding the following first sentence: "Management Fee means an annualized fee in an amount equal to Thirty Thousand Dollars ($30,000).