HomeMy WebLinkAboutHy-Mountain 2nd Amendment C08-314
SECOND AMENDMENT TO AGREEMENT FOR OPERATION OF GROUND TRANSPORTATION SERVICES BETWEEN EAGLE COUNTY AIR TERMINAL CORPORATION AND HY MOUNTAIN TRANSPORTATION INC This SECOND AMENDMENT to
the Agreement for Operation of Ground Transportation Services between the Eagle County Air Terminal Corporation a nonprofit corporation of the State ofColorado Corporation andMHountyain
Transportation Inc a Colorado Corporati Concessionaire hereinafter Second Amendment is made and entered into this Day of 2008 RECITALS WHEREAS the Parties entered into an Agreement for
Operation ofGround Transportation Services dated November 9 2004 Original Agreement and WHEREAS the Parties desire to extend the Original Agreement for a period ofone 1year and WHEREAS
the Parties desire to increase the Minimum Monthly Privilege Fee associated with the Concession and make other changes as set forth herein AGREEMENT THEREFORE in consideration ofthe
mutual covenants contained herein and in the Original Agreement and for other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged the Corporation
and Concessionaire agree as follows SECTION31Term shall be deleted in its entirety and replaced with the following effective upon the execution of this First Amendment Section13 Term
This Agreement shall become effective on0112malocal time on November 22 2008 and continue for one year expiring on 0112malocal time on November 22 2009 subject to prior termination as
provided in Article 8 hereof Notwithstanding the foregoing upon the defeasance ofthe bonds issued by Corporation to finance acquisition or construction ofthe Terminal Building and related
facilities and services following maturity or earlier as provided in the Trust Indenture with respect to any Bonds this Agreement shall terminate as ofthe date of defeasance and CONCESSIONAIRE
shall vacate the premises leased hereunder within not more than ninety 90 days CORPORATION will give not less than thirty 30 and not more than sixty 60 days notice of an intent to defease
the bonds in accordance with the Trust Indenture CORPORATION also will give CONCESSIONAIRE notice ofthe date ofdefeasance within two 2business days following the actual defeasance
SECTION42Privilege Fee shall be deleted in its entirety and replaced with the following effective upon the execution of this First Amendment Section42 Privilege Fee For the concession
privileges granted hereunder and in addition to the charges paid for the premises described in Section 1 C and Subsection 41hereof CONCESSIONAIRE shall pay to CORPORATION the Per Trip
Fee in Subsection42band beginning on Commencement ofthe Term and for each month designated thereafter the Minimum Monthly Privilege Fee in Subsection42aor the Per Trip Fee in Subsection42b
whichever sum is greater as follows A Minimum Privilege Fees A minimum monthly privilege fee as follows December 2008 Five Thousand tSwixtoy Dollars 005602 January 2009 Nine Thousand
Five Hundred and Tswevenetny Dollars 509207 February 2009 Nine Thousand Five Hundred andTswevenetny Dollars 509207 March 2009 Ten Thousand Seven Hundred and Twenty Dollars 701200 April
2009 Five Thousand tShirxeteyDollars 005603 Corporation and Concessionaire agree that 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 hereby are ratified and confirmed in all respects as ofthe date hereof If any conflict exists between the provisions
of this First Amendment and the Original Agreement the provisions ofthis First Amendment shall control This First Amendment shall be binding on the parties hereto their heirs executors
successors and assigns REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
IN WITNESS WHEREOF the parties hereto have executed this FIRST AMENDMENT effective as ofthe date first written above CORPORAT Ea e Co y erminal Corporation B President CONCESSIONAIRE
MHountyainTrans ortation Inc Teitls
