EXHIBIT 10.1
BUFFALO WILD
WINGS®
Amendment to Area
Development Agreement
THIS AMENDMENT is made
and entered into by and among Buffalo Wild Wings International,
Inc., an Ohio corporation ("we," "us" or "Franchisor"), and AMC
Wings, Inc., a Michigan corporation ("AMC", "Developer" or "you").
All capitalized terms not defined in this Amendment have the
meanings set forth in the Area Development Agreement (defined
below). To the extent that the terms of this Amendment are
inconsistent with any of the terms of the Area Development
Agreement, the terms of this Amendment will supersede and govern.
This Amendment is effective on the date we sign below (the
"Effective Date").
RECITALS
WHEREAS, Franchisor and
Developer are parties to an Area Development Agreement dated July
18, 2003, as amended December 27, 2003, March 20, 2007, and
November 5, 2007 (the "ADA"), pursuant to which Developer was
granted the right to develop and operate twenty-three (23) BUFFALO
WILD WINGS restaurants;
WHEREAS, Developer
requested the right to develop nine (9) additional BUFFALO WILD
WINGS restaurants under the ADA in the Development Territory as
further specified in Section 4 below, for a total of thirty-two
(32) Restaurants; and
WHEREAS, Franchisor has
agreed to this request, subject to the terms and conditions
hereof.
NOW, THEREFORE, the
parties hereto, intending to be legally bound, hereby agree that
the ADA is amended as follows:
1.
Section 2A of the ADA is
deleted and replaced with the following:
"We grant to you, under
the terms and conditions of this Agreement, the right to develop
and operate thirty-two (32) BUFFALO WILD WINGS Restaurants (the
"Restaurants") within the territory described on Appendix A
("Development Territory")."
2.
Section 3A of the MA is
amended to include the following language:
Franchisor and
Developer acknowledge and agree that Developer previously paid a
Development Fee in the amount of $60,000 to Franchisor on or about
July 18, 2003. Franchisor and Developer further acknowledge and
agree that, Developer paid a Development Fee in the amount of
$40,000 on or about March 20, 2007. Franchisor and Developer
further acknowledge and agree that, Developer paid a Development
Fee in the amount of $25,000 on or about October 11, 2007. The
initial franchise fee for stores #24432 is $12,500, $6,250 of which
will be due at signing of each Franchise Agreement. Franchisor and
Developer further acknowledge and agree that, on or before the
Effective Date of the Amendment, and in consideration of the
Franchisor's grant of rights to develop an additional nine (9)
BUFFALO WILD WINGS Restaurants, Developer shall pay to Franchisor a
Development Fee applicable to these nine (9) Restaurants in the
amount of $31,250. Franchise fees of $25,000 are being waived
conditioned upon the Flint, Michigan location opening on or before
December 28, 2008. If the Flint, Michigan location does not open by
December 28, 2008 Developer will pay $25,000 within 30 days after
12/31/08.
3.
Appendix A attached to
the ADA which contains the "Description of Development Territory"
to the ADA is deleted and replaced with the following:
Territory in the Tampa,
Florida area: North Boundary : Pasco County line &
Hernando County Line, then eastbound on a line along Pasco County
line to Sumter County Line. East Boundary : Sumter County
Line/Pasco County Line southbound to Hillsborough County Line
continuing
south along Hillsborough
County Line to Mansatee County, then continuing south along Manatee
County line to Route 72. South Boundary : Route 72 westbound
to Gulf of Mexico. West Boundary : Route 72 & Gulf of
Mexico,
