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HomeMy WebLinkAboutFIRST AMENDMENT FOR LEASE TAILWIND AUGUSTA LLC AND STERLING RESTAURANT & RETAIL GROUP CITY OF AUGUSTA AUGUSTA REGIONAL AIRPORTFIRST AMENDMENT TO THE AGREEMENT FOR THE LEASE AND OPERATION OF RETAIL, FOOD AND BEVERAGE CONCESSIONS BETWEEN TAILWIND AUGUSTA, LLC AND THE CITY OF AUGUSTA FOR THE AUGUSTA REGIONAL AIRPORT AUGUSTA, GEORGIA This First Amendment to the Lease and Operation of Retail, Food, and Beverage Concessions Agreement at Augusta Regional Airport, made and entered into this e day of Li a f" , 2013, between Augusta- Richmond County, Augusta, Georgia for Augusta Regional Airport and Sterling Restaurant & Retail Group, LLC , a Georgia Limited Liability Corporation, formerly known as Tailwind Augusta, LLC (hereinafter referred to as "Concessionaire "). WHEREAS, on August 10, 2011, Augusta- Richmond County, Augusta, Georgia for Augusta Regional Airport and Tailwind Augusta, LLC entered into a five year Concessions Agreement, commencing on June 3, 2011 and terminating on June 2, 2016 for the Operator to manage the Retail, Food, and Beverage Concessions located at Augusta Regional Airport; and WHEREAS, on October 15, 2012, Concessionaire filed a certificate of Amendment with the Georgia Secretary of State to change its name from Tailwind Augusta, LLC to Sterling Restaurant & Retail Group, LLC; and WHEREAS, the Parties desire to amend certain terms of the Agreement as set forth hereinafter; and FIRST AMENDMENT TO TAILWIND DELI NEWS AND GIFTS: 678234_ 1 Page 1 of 4 NOW, THEREFORE, in consideration of the inducements, mutual covenants and conditions herein contained, the Parties have agreed to amend the Agreement as follows: 1. All provisions of Agreement that refer to Tailwinds Augusta LLC, are hereby amended to refer to Sterling Restaurant & Retail Group, LLC. Formal notification submitted by the Concessionaire is attached (Attachment 1) and is made a part of this First Amendment. 2. Section 20.17, Notices, is hereby amended to change the name and address of Concessionaire as follows: Sterling Restaurant & Retail Group, LLC 1109 Arboretum Drive Wilmington, North Carolina, 28405 Doug DeLise Phone: 910- 232 -4014 doug @airport- concessions.com 3. All other terms and conditions of the Agreement shall remain the same except as specifically amended herein. In Witness whereof, the Parties have caused this First Amendment of the Retail, Food, and Beverage Concessions Agreement to be executed this a day of Gn V c rk.. , 2013. Augusta, Georgia Augusta Aviation Commission FIRST AMENDMENT TO TAILWIND DELI NEWS AND GIFTS: 678234_ 1 Page 2 of 4 4 Sterling Restaurant & Retail Group, LLC 00051 �5 ����.� � fuckzi P A cni Deke S. Copenhaver, Mayor 303 AUGUSTA RICHMOND COUNTY c-g Al Lena -der, Clerk J vA 2 ! NaQ44- ,bib Approved as to Form: Andrew Mackenzie, Esq. 1 Brian P. Kemp Secretary' Of State ATTACHMENT A Argyle Of To Articles of Organization FIRST AMENDMENT TO TAILWIND DELI NEWS AND GIFTS: 678234_ 1 Page 3 of 4 STATE OF GEORGIA Secretary of State Corporations Division 313 West Tower 2 Martin Luther King, Jr, Drive Atlanta, Georgia 303344530 NAME CHANGE CERTIFICATE OF AMENDMENT I, Brian 1', Kemp, the Secretary estate and the Corporaims Commissioner of the State of `a hereby certify under the seal &my office that TAILWIND AUGUSTA, LLC Dour kited Liability Company has filed attic! 10/15/2012 changin STERLING RESTAURANT & RETAIL GROUP, and has paid the Annotate& Attached h is a true and correct copy et dment. dment in the Office of the Secretary of State on LC provided by Tit! e I4 of WffbiESS my hand and offrci l seal in the City of Atlanta and the State of G is on Oct ober 1 , 2012 FIRST AMENDMENT TO TAILWIND DELI NEWS AND GIFTS: 678234_ 1 Page 4 of 4