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HomeMy WebLinkAboutC14-241 Streetmedia Group LLC FIRST AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY,COLORADO AND STREETMEDIAGROUP, LLC I ,FIRST AMENDMENT("First Amendment")is effective as of the ( 1 11 day of 1�v ,2014 by and between StreetMediaGroup LLC,a Colorado Corporation(hereinafter "Contractor") and Eagle County, Colorado,a body corporate and politic(hereinafter"County"). RECITALS WHEREAS,County and Contractor entered into an agreement dated the 2nd day of October, 2012, for certain Services(the"Original Agreement");and WHEREAS,the Original Agreement contemplated that the Consultant would perform certain duties with a minimum annual guarantee paid to the County in an amount equal to$101,000; and WHEREAS,the Board of County Commissioners agreed to provide in-kind donation to the Vail Valley foundation in the form of advertising on ECO Transit buses for the purpose of promoting the 2015 World Alpine Ski Championship; and WHEREAS,County and Consultant desire by this First Amendment to add additional services and associated compensation to the terms set forth in the Original Agreement. FIRST AMENDMENT NOW THEREFORE,in consideration of the foregoing and the mutual rights and obligations as set forth below,the parties agree as follows: 1. The Original Agreement shall be amended to include the additional services as described in Exhibit 1 (the"Additional Services"),which is attached hereto and incorporated herein by reference. 2. For the Additional Services, County shall waive its right to collect 51%of the revenue and shall compensate Contactor for the Additional Services,as set forth in Exhibit 1,in the amount of on hundred fifty three thousand dollars($153,000). 3. For the contract period October 2,2013 through October 1,2014 only,in recognition of the fact that County is waiving 51%revenue share for the Additional Services, County shall also waive the Minimum Annual Guaranteed(MAG)payment requirement described in Section 5 of the Original Agreement. Notwithstanding the foregoing, Contractor shall continue to be obligated to pay 51%of all other advertising revenue to the County during the time the MAG is being waived. Contractor's MAG payment obligation under the Original Agreement shall again become effective and applicable beginning October 2,2014 and for the duration of the agreement term. 4. Capitalized terms in this First Amendment will have the same meaning as in the Original Agreement. To the extent that the terms and provisions of the First Amendment conflict with,modify or supplement portions of the Original Agreement, the terms and provisions contained in this First Amendment shall govern and control the rights and obligations of the parties. 5. Except as expressly altered,modified and changed in this First Amendment,all terms and provisions of the Original Agreement shall remain in full force and effect,and are hereby ratified and confirmed in all respects as of the date hereof 6. This First Amendment shall be binding on the parties hereto,their heirs,executors, successors, and assigns. IN WITNESS WHEREOF,the parties hereto have executed this First Amendment to the Original Agreement the day and year first above written. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIO RS B 1i . .Ryan, Ch:" "an Attest: c* l' 2"� By: Teak J.Simonton, C erk to the Board catonx9° , 1 wwy V 1 CONTRACTOR: STREETMEDIA GROUP LLC By: " ` Print Name: `C e-/-({ L Title: ( Q 1 2 Eagle County Am Scope and Comp Final 1/14 , . Elal T MI I a 1..•1 1 ft ILL IGIVILE -1/24.1;1709- • 1 till • g• 131 GROUP 0% 2014-04-38 1422:36 3303 0 ADVERTISING DISPLAY AGREEMENT , . . . . A c,P - . ON EiEFIALf OF ADVERTISER: CUSTOMER C 10924 I CUSTOMER . ---— —t- NAME Eagle County NAME ADDRESS PO Box 850 ADDRESS CiTY/STATELTIP Eage,CO 81631 OTY/STATERIP ., CONTACT John Lewis 'CONTACT EMAIL ADDRESS John lewiseeagecourcy.us EMAIL ADDRESS --- . ., PHONE* 970-328-3511 PHONE*0 I ——. P.O.* ADVRTSR Eagle County ADVRTSR I Term iri Rate per 4-week • Period Qty I Display*-Location Description Ilium Size Periods Start Date End Date Production 5 lEsgle County Sus Wrap Annual , x 13 8513!2C14 . 01 12015 19,623.10 .. • . S rFull Wrap with Witt0..cer Past •. 54 x 90 CS. 3(2814 288000C 0.00 t ' ■ _. • ' .. Notes: Amman Per Period(Not) 319623.10, All Barrus:Pre-Emptible Is space available and is not guaranteed Total i $255100.30: Estimated Production(Contract1TOTAL Eagle County is warring the Si%revenue snare on this contract r.:5130.1.00 •Teartree.aelciee-kipen4premingi 23.000.80. vette.Swam Wiling will total 5125 000 plus production and installation of • • .Addtional Production May be Ordered Upon Recuest. $28,000 for a total of 5153,000. Gr-and Total Net) $283100.30 Agency/Adverbs&heresy contracts for th41 outdoor advertising Services deserted above tic=the terms set forth above,b443.4344•PADErilh(304 97-Coneatts transmitted to StreetMedoGroup ma tax machines or e-mail are to be treated as original=attracts ------------ -- This contract must be signed by both Agency or Advertiser and SMG to be effective.This contract is non-cancelable by agency:advert:5er. Advertiser: 1 Agency: Signature: I Signature: i Printed Name: Date: I Printed Name: Date: StreatelodiaGrouiopf Signature: „A/37 Norm: Date: .4.......112r.K./7 - --411 - 1?-f."-(--/ (lip(..)".1 41‘. I / FOR INTERNAL USE: j...) NE Name/No. Selling Branch Address House Street Media Grout LLC 5724 S Coimge Ave Port Collins,CO 80525 5724 S College Ave Pon Cclens.CO 80525 Plie.010-658-9070 Phu.070420-0507 EXHIBIT [