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HomeMy WebLinkAbout30-21RESOLUTION 30-21 A RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS APPROVING AMENDMENTS TO THE CONCESSIONAIRE AGREEMENT FOR WESTWIND COMMUNITY BARN OWNED BY THE TOWN OF LOS ALTOS HILLS BETWEEN THE TOWN AND VICTORIA DYE EQUESTRAIN, LLC. WHEREAS, Westwind Community Barn has been managed and operated by Concessionaire Victoria Dye Equestrian (VDE) since February 1, 2014; and WHEREAS, On August 1, 2020, the Town and the Victoria Dye Equestrian entered into three- year Concession Agreement for Westwind Community Barn owned by the Town of Los Altos Hills; and WHEREAS, the Town and VDE wishes to amend the agreement as expressed in Attachment A; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the Town of Los Altos Hills that the Mayor is hereby authorized and directed to execute the Amendment No. 1 to the Concession Agreement for Westwind Community Barn owned by the Town of Los Altos Hills between the Town and Victoria Dye Equestrian, LLC. . The above and foregoing Resolution was passed and adopted by the City Council of the Town of Los Altos Hills at a regular meeting held on the 201i' day of May 2021 by the following vote: AYES: Tankha, Tyson, Mok, Schmidt, Swan NOES: None ABSTAIN: None ABSENT: None ATTEST: Deborah Padovan, City Clerk BY: A- r � C—, Kavita Tanlcha, Mayor Resolution 30-21 Page 1 AMENDMENT NO. 1 TO THE CONCESSIONAIRE AGREEMENT FOR OPERATION OF THE WESTWIND COMMUNITY BARN OWNED BY THE TOWN OF LOS ALTOS HILLS BETWEEN THE TOWN OF LOS ALTOS HILLS AND VICTORIA DYE EQUESTRIAN, LLC DATED APRIL 1, 2020 This Amendment to the Concession Agreement is made an entered into on the 20th day of May 2021 by and between the Town of Los Altos Hills and Victoria Dye Equestrian, LLC. In consideration of these Amendments, the mutual promises, covenants, and stipulations herein contained, the parties hereto agree to amend the Concessionaire Agreement as follows: FIRST MODIFICATION Section 1, subsection C. is amended in its entirety to read as follows: Prior to Effective Date of Agreement, Town and Concessionaire shall create a written inventory of tools and equipment belonging to the Town which shall remain onsite. Town agfees to lease New Holland tfaeter- and attaehments eur-fendy efisite to Gone "vvva uuuve with iuuu Town agrees to pay for- fepaifs to New Holland tT-aeter- and at4aehffients euffittlativell i f 500, 00 and provided that Geneessi ' SECOND MODIFICATION Section 21, subsection H is hereby added to the agreement to read as follows: If the Agreement is not renewed for any reason, the Town shall be reimbursed by the Concessionaire for a prorated amount of the total amount the Town paid for the Concessionaire's new tractor. The prorated amount shall be calculated as follows: Town's cost of tractor/1825 days (which represents 365 days x 5 years) multiplied by the remaining days in the five-year time period from approval of this amendment. This obligation shall remain in effect through May 20, 2026. After that date, Concessionaire shall no longer be liable to repay the Town for the Town's payment for the tractor. All other provisions of the Agreement shall remain in full force and effect. /SIGNATURE PAGE FOLLOWS] Resolution 30-21 Page 2 WHEREFORE, the Parties have executed this Amendment as of the Effective Date written above. Date: TOWN OF LOS ALTOS HILLS VICTORIA DYE EQUESTRIAN, LLC Kavita Tanlcha, Mayor ATTEST: Deborah Padovan, City Cleric Steve Mattas, City Attorney 3763694.1 Victoria Dye Resolution 30-21 Page 3