HomeMy WebLinkAboutC02-080 First Amendment to Charlie's Shirts agreementa
FIRST AMENDMENT TO AGREEMENT FOR
OPERATION OF RETAIL CONCESSION
BETWEEN
EAGLE COUNTY AIR TERMINAL CORPORATION
AND
CHARLIE'S SHIRTS, INC.
This FIRST AMENDMENT to the Agreement for Operation of Retail Concession dated
November 18, 1996 between the Eagle County Air Terminal Corporation, a nonprofit
corporation of the State of Colorado ( "CORPORATION "), and Charlie's Shirts Inc., a Colorado
corporation ( "CONCESSIONAIRE "), d/b /a Charlie's T -Shirts (hereinafter "First Amendment ")
is made and entered into this /Oe zlay of )2002.
RECITALS:
The circumstances surrounding the making of this First Amendment are as follows:
WHEREAS, the TERMINAL BUILDING as identified in the Agreement For Operation
of Retail Concession, dated November 18, 1996 (hereinafter the "Agreement)" has expanded and
there is now additional square footage for retail concession; and
WHEREAS, CONCESSIONAIRE desires to lease additional square footage; and
WHEREAS, pursuant to Article 10, Section 10.18 of the Agreement, the
CORPORATION and the CONCESSIONAIRE each have the authority to enter into this First
Amendment;
AGREEMENT
NOW, THEREFORE, based upon and in consideration of the mutual covenants and
agreements set forth herein, and in the Agreement, the parties hereby agree to amend the
Agreement as follows:
1. Section 1.1 Definitions is hereby amended by the addition of sub - paragraph G.
"G. "Additional Concession Space" shall mean the space as generally depicted
on the Airport Terminal Expansion Space Plan, attached hereto as Exhibit "A ". The Additional
Concession Space is north of and contiguous with the existing Concession Space as defined in
Section 1.1 C of the Agreement. The CORPORATION and the CONCESSIONAIRE
acknowledge and agree that the dimensions of the Additional Concession Space as set forth in
Exhibit "A" is approximately 310 square feet."
2. Article 3 Term is hereby amended by the addition of paragraph 3.4.
"3.4 With respect to the Additional Concession Space, that additional space is not
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leased to CONCESSIONAIRE for the same term as the Concession Space which term is
set forth in Section 3.1 of the Agreement. Instead, such Additional Concession Space
shall be leased to CONCESSIONAIRE as a tenancy from month to month. Such month
to month tenancy for the Additional Concession Space may be terminated, with or
without cause, upon thirty (30) days written notice to the other party. "
3. Any reference to Concession Space in the Agreement shall also apply to the
Additional Concession Space unless otherwise stated herein.
4. Section 10.12 of the Agreement is hereby amended to read as follows:
"10.12 All notices required to be given to CORPORATION or
CONCESSIONAIRE hereunder shall be in writing and sent by first class mail,
facsimile (with an original by first class mail), or personal delivery to:
CORPORATION: c/o Airport Manager
Eagle County Air Terminal Corporation
P.O.Box 850
Eagle, Colorado 81631
Fax: (970) 524 -8247
Telephone: (970) 524 -8246
CONCESSIONAIRE: Steve Meizer
Vice President
Charlie's Shirts, Inc.
641 Lionshead
Vail, Colorado 81657
Fax: (970) 476 -1655
Telephone: (970) 476 -9739
Either party hereto my designate in writing from time to time the address of
substitute or supplementary persons within the State of Colorado to receive such
notices. The effective date of service of any such notice shall be three (3)
calender days after the date such notice is mailed, the date it is personally
delivered or the first business day after delivery by facsimile."
5. Except as expressly provided in this First Amendment, all other terms and conditions
of the Agreement remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment on the
day and year first above written.
i
1 I
CORPORATION CONCESSIONAIRE
Eagle County Air Terminal Corporatio by harlie's Shirts, Inc.
0
By: * Tom C. Stone re ident St e r; Vice - President
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