HomeMy WebLinkAboutC79-16 Modification of Fixed Base Operator Concession with Mountain FlyingMODIFICATION OF FIXED BASE OPERATOR CONCESSION AGREEMENT BETWEEN EAGLE COUNTY AIRPORT AUTHORITY AND MOUNTAIN FLYING SERVICE, INC. THIS MODIFICATION AGREEMENT is made and entered into this day of -�/ 1979, by and between the County of Eagle, State of Colorado, a body corporate and politic, by and through it's Board of County Commissioners upon the recommendation of the Eagle County Airport Commission, hereinafter referred to as "County" and the Mountain Flying Service, Inc. hereinafter referred to as "MFS". WHEREAS, the Eagle County Airport Authority and Mountain Flying Service, Inc. have entered into a Fixed Base Operator Concession Agreement dated on or about April 23, 1973, granting to MFS a concession to operate as a fixed based operater at the Eagle County Airport, hereinafter referred to as "Airport"; and WHEREAS, the Eagle County Airport Authority, subsequent to the execution of the above -referenced fixed base operator concession agreement, was dissolved and the Airport Authority's powers were thereby vested in the Board of County Commissioners and the Eagle County Airport Commission as a recommending body to said Board; and WHEREAS, the respective parties hereto desire to enter into a new agreement modifying and/or supplementing the provisions of said fixed bese operator concession agreement. NOW, THEREFORE, for and in consideration of the mutual covenants, conditions and promises contained herein, the parties hereto agree hereby as follows: 1. The fixed base operator concession agreement between Eagle County Air- port Authority and MFS dated on or about April 23, 1973, shall be modified effective Qc I 1979, as follows: a. MFS hereby grants to the County the area -delineated on the map attached to the fixed base operator concession agreement and incorporated by reference therein known as the "ramp area" for the exclusive use of the County. County, in consideration of the "ramp area" grants to MFS any and all rights and privileges to use said ramp area as accorded to all other fixed base operators of the airport similiarly situated as from time to time determined by the County. b. MFS grants to County the exclusive use of designated areas for the purpose of leasing tie -down spaces to private individuals and/or entities on a monthly or annual basis. The amount of area granted to the County shall be determined by joint and mutual agreement between MFS and the County based on the number of tie -down lease agreements the County has executed. Any areas not used by the County at any given time may be used by MFS for the purpose of leasing tie -down spaces by MFS on a daily and/or weekly basis. x. c. MFS covenants and agrees that all revenue generated by the County pursuant to the leasing of the tie -down spaces on a monthly and/or annual basis shall be the sole property of the County. Additionaly, MFS shall pay to the County three percent (3%) of the gross revenue generated received from the leasing by MFS of tie -down spaces on a daily and/or weekly basis. d. It is understood and agreed that County shall provide and maintain any and all equipment necessary to sufficiently tie -down aircraft in the use areas granted to the County by MFS. 2. All provisions of the Fixed Base Operator Concession Agreement are incorporated herein and are hereby modified and/or supplemented to conform herewith but in all other respects are to be and shall con- tinue in full force. IN WITNESS 'WHEREOF, the parties have executed this modification the day and year first above written. COUNTY OF EAGLE, STATE OF COLORADO By an t ough its BOARD OF C LINTY COMMIS.. NER i By: Dan lams, Chairman ATTEST By: V of the Board County C mmissioners MOUNTAIN FLYING SERVICE, INC. ATTEST By: Mv '( f)fl ussi expires March 15, .,"K IMWja(}-jV certify that I am the Secretary of Mountain Flying Service, Inc. a Colorado Corporation, and that who signed said agreement on behalf Vf Mountain Flying Service, Inc. is the President of said Corporation, and that in signing this agreement, he was acting within the scope of his authority. ecretary