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HomeMy WebLinkAboutC15-128 Republic Parking System, Inc. Amendment 1 MANAGEMENT AGREEMENT FOR OPERATION OF PARKING FACILITIES EAGLE COUNTY REGIONAL AIRPORT AMENDMENT No. 1 THIS AMENDMENT No. 1 made and entered into by and between The COUNTY of EAGLE, COLORADO, a body corporate and politic ("County") and REPUBLIC PARKING SYSTEM, INC., with its principal place of business located at 633 Chestnut Street, Suite 2000, Chattanooga, Tennessee 37450, incorporated in Tennessee and licensed to do business in the State of Colorado (hereinafter"Operator"). RECITALS WHEREAS, the parties entered into an AGREEMENT on the 17th day of March 17, 2015 ("the Agreement")for operation of paid parking service at the County owned facilities at the EAGLE COUNTY REGIONAL AIRPORT("Airport"), and WHEREAS, the Board of County Commissioners desires to offer a number of additional free parking handicap spaces in the Short Term Lot identified in Exhibit A so as to provide another free parking option for qualified disabled or injured users of the Airport beyond what was originally provided by the Agreement; and WHEREAS, through Amendment No. 1 the County and Operator desire to amend Article IV of the Agreement to define the financial disposition of the Handicap parking at the Airport; and NOW, THEREFORE, in consideration of the foregoing recital and representations which are hereby adopted as material to the original Agreement, the parties hereto covenant and agree as follows: 1. The parties agree that the foregoing recitals are true, correct and material to the Agreement and this Amendment. 2. The parties agree add the following section 4.1, c. to ARTICLE IV. COMPENSATION AND ACCOUNTING RECORDS as follows: The OPERATOR will provide for paid handicap parking spaces in the Long Term lot and free handicap parking spaces in the Short Term Lot. Operator will track actual uses of the handicap parking spaces offered for free in the Short term lot through its regular tracking system identified in Exhibit B. The revenue lost based upon the actual use of these free spaces will be added to gross revenue prior to calculation of the Management Fee Percentage paid to OPERATOR. Operator will then deduct said amount when remitting Monthly Gross Revenue less Management Fee Percentage to the County. Operator will be responsible for providing the calculation of Gross Revenue generated from these spaces with Monthly Gross Revenue reporting. 3. This Amendment No. 1 is incorporated by reference into the Agreement as if 1 12'1 fully set forth therein. Except as provided above, all other terms and conditions of the Agreement shall remain in full force and effect and are hereby ratified and reaffirmed by the parties hereto. In the event of any conflict or inconsistency between the provisions set forth in this Amendment No. 1 and the Agreement, this Amendment No. 1 shall govern and control. IN WITNESS WHEREOF, the parties have made and executed this Amendment No. 1 to MANAGEMENT AGREEMENT FOR OPERATION OF PARKING FACILITIES EAGLE COUNTY REGIONAL AIRPORT, as set forth below. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY OMMISSIONERS By "IC /l,.iL i /[ .G qt ,Kathy ( andler-Henry, Chairman Attest: By: MI, • &Beak @ ,o Teak J. Simonton, Clerk to the Board REPUBLIC PARKING SYSTEM, INC. By: • Air Chris J. f.w ey, Executive Vice Pr:tent 2