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Home My WebLink AboutC03-367 Tiga Advertising C!..o3 -~ {'7- 70 FIRST AMENDMENT TO THE ADVERTISING DISPLAY CONCESSION AGREEMENT BETWEEN EAGLE COUNTY AIR TERMINAL CORPORATION AND TIGA ADVERTISING, INC. This First Amendment (hereinafter "First Amendment") to the Advertising Display Concession Agreement between Eagle County Air Terminal Corporation, a nonprofit corporation of the State of Colorado (hereinafter "CORPORATION") and Tiga Advertising, Inc., a Colorado corporation (hereinafter "CONCESSIONAIRE") is made this ~ day of December, 2003. CORPORATION and CONCESSIONAIRE are collectively referred to as the "Parties." RECITALS WHEREAS, on August 29, 2003, Eagle County Air Terminal Corporation entered into an Advertising Display Concession Agreement (hereinafter "Advertising Agreement") with Tiga Advertising, Inc. for the purpose of granting concession rights and advertising privileges to portions of the Eagle County Air Terminal Building for installation of advertising displays; and WHEREAS, pursuant to Section 10.17 of the Advertising Agreement "No alterations, amendments, changes or modifications, unless expressly reserved to the CORPORATION herein, shall be valid unless executed by an instrument in writing by all the parties with the same formality as this Agreement"; and WHEREAS, the Parties now desire to amend the original Advertising Display Concession Agreement to include the following agreed upon terms. NOW, THEREFORE, in consideration of the mutual promises set forth herein and in the original Advertising Agreement, the Parties agree as follows: AGREEMENT 1. CONCESSIONAIRE may add new 40 inch x 30 inch displays as follows: one (1) on either side of the restrooms across from security and up to six (6) in the concourse, including three (3) on the west side (two to the east of the existing display and one at the end opposite the door from the tarmac), and three (3) on the east side (on the far east end and in the hold areajust to the east of the store). See the attached diagram of the new display locations marked as "Exhibit A" and incorporated herein by reference. CONCESSIONAIRE shall add these displays on an "as sold" basis. If it becomes necessary to install the displays after the commencement of winter jet service, CONCESSIONAIRE shall coordinate the installation with Airport Management. In the event CORPORATION chooses not to extend CONCESSIONAIRE's contract under Section 3.1 of the Advertising Agreement, CORPORATION agrees to pay CONCESSIONAIRE the cost of the aforementioned fixtures as installed. 2. CONCESSIONAIRE shall build 4 foot x 8 foot horizontal displays for the east and west walls of the main terminal (baggage and ticketing) building. CORPORATION shall pay for the costs of these fixtures contingent upon the provision of a reasonable cost estimate by CONCESSIONAIRE for the price of these fixtures. Such cost estimate shall be subject to the approval of CORPORATION. CONCESSIONAIRE shall take delivery of the fixtures at the terminal by December 5, 2003 and shall install the fixtures no later than December 12, 2003. These displays will house the CORPORATION's "welcome" and ''thank you" messages. To the extent possible, CORPORATION shall refer interested parties to CONCESSIONAIRE and CONCESSIONAIRE shall charge fees for the temporary use of the displays for group "welcome" and "special event" messages. Such fees shall be established on a case by case basis by CONCESSIONAIRE and shall be subject to the approval of CORPORATION. 3. CONCESSIONAIRE shall build and operate a phone board to resemble the Park Meadows phone board which will be placed on the south wall of the baggage area. The phone board will be designed to match the cabinetry of the Park Meadows phone board. The actual face will contain compartments or individual frames for each customer as opposed to being a single image. See the attached photograph of the Park Meadows phone board marked as "Exhibit B" and incorporated herein by reference. The phone board shall be six (6) feet wide and designed to sit on the floor rather than mount on the wall. The attached photograph marked as "Exhibit C" and incorporated herein by reference, shows the wall in the airport where the phone board will be placed. CONCESSIONAIRE will be allowed to sell space on the board to Dollar and V ail V alley Taxi. CONCESSIONAIRE shall make it clear that any party contracting for space on the phone board is not leasing or licensing any rights to occupy any space in the airport terminal as part of their advertising agreement. CONCESSIONAIRE shall install the phone board by December 12, 2003. 4. CORPORATION hereby approves CONCESSIONAIRE's proposal to enter into an agreement for the brochure distribution in its current location (the rack brochures are located in the first entrance to the west of the main terminal entrance) and with the current operator, Bobby Bank of Vail Brochure Delivery. 5. CONCESSIONAIRE shall remove the free standing displays in the baggage claim area by December 12, 2003. 6. The terms of this First Amendment shall be subject to all of the conditions set forth in Article 4 of the original Advertising Display Concession Agreement, including but not limited to, calculation of the Percentage Privilege Fee to be paid to CORPORATION, definition of Gross Revenue, Title to CORPORATION's Compensation, Interest on Past Due Amounts, Accounting and Auditing requirements, and Annual Reconciliation requirements. 7. Except as herein expressly amended or supplemented, the terms and conditions of the Advertising Agreement shall remain in full force and effect. 8. If any conflict exists between the provisions of this Amendment and the original Advertising Agreement, the provisions of this Amendment shall control. 9. This-Amendment shall be binding on the Parties hereto, their heirs, executors, successors and assigns. ' IN WITNESS WHEREOF, the Parties hereto have executed this First Amend~ent to the Advertising Display Concession Agreement between Eagle County Air Terminal Corporation and Tiga Advertising. Inc. on the day and year first written above. CORPORATION: EAGLE COUNTY AIR TERMINAL CORPO ON, A Colorado nonprofit corpo , ATI'EST: ~ ;:In/ CONCESSIONAIRE: TIGA ADVERTISING, INC. a Colorado Corporation &: << ~--~ BY~reg Moffet. Preside ,,'." - CONCOURSE C8 C5 c= new display locotiOllll 11 10 8 . 7 85 4 3 2 1 4X8 display pbontlboonl BAGGAGE CLAIM 04 C3 C2 C1 4XI display. TICKETING EXHIBIT } 1 P\ 'I" .---,. . ~ h.' / ?~/~ I~/,.;, ,:1.. /' . ~ r~~~~ "~"0' ,~,~!~ -~~~!-f,-','-_' .' " ' " :-, '~,: ?r~ : ':;'i!, \:1,1 ;(~ ., , " ,- ',~,. :'_ ,> '(;;::):;'~,."..< .,'- ~:".i'" :I-;;'""'"'~ - ~ j t'ppr:o i ::",: -,r. U,'-,.,....... ~ ' :'~,. ,. , " __,.- 'lit ~; - Jj; , ~ E:~ rL B eXH. e-