5-Exhibit B.1 Emporia C-Store Rent Strucutre.pdf
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- Attached to
- EMPORIA SERVICE STATION CONCESSIONAIRE
- Solicitation number
- 140-251205
- Issued by
- Leavenworth County, Kansas
About this file
This document is an exhibit amendment to a concession lease and operation agreement for the Kansas Turnpike Authority's Emporia service station facility. The KTA seeks a qualified operator to lease and manage a combined service area that will include both restaurant and fuel operations at milepost 132. The project involves rebuilding the existing facility into an integrated operation, with the initial contract term set for ten years commencing at the opening of the new facility. The RFP evaluation process considers operating experience, restaurant concepts, pricing, and respondents' willingness to contribute to construction costs, with the contract to be awarded to the responsible contractor receiving the highest points through qualifications review.
The compensation structure established in the amendment includes a fuel royalty of $0.028 per gallon sold and a non-fuel sales royalty of 3.2% of gross sales, with monthly rent calculated as the sum of these two components. The operator commits to a minimum guaranteed annual rent of $120,000 beginning April 15, 2023, with any shortfall between actual rent paid and the minimum guaranteed amount due concurrently with the final month's rent of each contract year. The lease agreement includes two optional five-year extension periods, requiring at least one year written notice from the Authority for extension consideration. The operator must obtain quarterly Kansas Department of Revenue Certificates of Tax Clearance and provide them to the Authority within 15 days of each quarter's end. The lease is governed by Kansas law, and all notices between parties may be delivered in person, by certified mail, overnight courier, or email to designated addresses.
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Text version
Also, if the Authority wishes to have the contract extended for a second and final five (5) year option period, it shall give the Operator at least one year written notice of its desire prior to the scheduled expiration date of the first five (5) year lease period. It is expressly understood that neither party is obligated to the other for damages of any kind should either party not choose to enter into the second and final five year lease period. It is expressly understood that the provisions of the Lease Agreement and this First Amendment are subject to review or modification as the parties may agree upon during the optional five-year lease periods.”
3. Section 5 Amendments. The first three paragraphs of Section 5 of the Lease Agreement are hereby deleted and substituted with the following:
“The Operator agrees to pay the Authority $0.028 per each gallon of fuel sold.
The Operator agrees to pay the Authority 3.2% of gross non-fuel sales.
The monthly rent will be the sum of the $0.028 per gallon of fuel sold plus the 3.2% gross non-fuel sales. The Operator also commits to a Minimum Guaranteed Rent for each contract year beginning on April 15, 2023 of $120,000.00 per year. If, at the end of each contract year, the rent paid to the Authority does not equal or exceed the applicable Minimum Guaranteed Rent, the Operator shall, in addition to and concurrently with the rent paid for the final month of the contract year, pay the balance due to the Authority.”
4. Section 15 Amendments. Section 15 of the Lease Agreement is hereby amended by adding a new paragraph prior to the final paragraph that states “The Concession Lease and Operation Agreement shall be governed by the laws of the State of Kansas” as follows:
“At the end of each calendar quarter throughout the term of this Lease Agreement, the Operator shall obtain from the Kansas Department of Revenue a Certificate of Tax Clearance evidencing its currency in regard to taxes, fees and payments owed by Operator to the State of Kansas. Operator shall provide such Certificates to the Authority within 15 days of the end of each calendar quarter.”
5. Section 24 Amendments. Section 24 of the Lease is hereby deleted in its entirety and substituted with the following:
“The parties hereto agree to notify each other in writing immediately upon the execution of this lease where notices called for hereunder may be addressed to each of them and shall promptly notify each other of any future changes therein. Any notice, consent, request, claim or other communication hereunder will be in writing and will be deemed to have been duly given if (i) served in person or mailed by certified mail (with return receipt requested and postage prepaid) or by an insured and reputable overnight delivery service or sent by email, and (ii) sent to the last designated address
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