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HomeMy WebLinkAboutHy-Mountain Transportation Third Amendment C09-483 THIRD AMENDMENT TO AGREEMENT FOR OPERATION OF GROUND TRANSPORTATION SERVICES BETWEEN EAGLE COUNTY AIR TERMINAL CORPORATION AND HY MOUNTAIN TRANSPORTATION INC THIS Third Amendment to the Agreement for Operation of Ground Transportation Services between the Eagle County Air Terminal Corporation a nonprofit corporation ofthe State ofColorado Corporation and MHounytain Transportation Inc a Colorado Corporation Concessionaire hereinafter Third Amendment is made and entered into this XlDay ofl r 2009 RECITALS WHEREAS the Parties entered into an Agreement for Operation of Ground Transportation Services dated November 9 2004 Original Agreement and WHEREAS the Parties have previously extended the Original Agreement on two separate occasions WHEREAS the Parties desire to extend the Original Agreement for an additional period from November 22 2009 to October 31 2010AGREEMENT THEREFORE in consideration of the mutual covenants contained herein and in the Original Agreement and for other good and valuable consideration the receipt and sufficiency ofwhich 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 ofthis Third Amendment Section13 Term This Agreement shall become effective on 0112malocal time on November 22 2009 and continue for one year expiring on 0112malocal time on October 31 2010 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 shal I 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 ofan intent to defease the bonds in accordance with the Trust Indenture CORPORATION also will give CONCESSIONAIRE notice ofthe date ofdefeasance within two 2 business days following the actual defeasance S2ECTION4 Privilege Fee shall be deleted in its entirety and replaced with the following effective upon the execution ofthis Third Amendment Section42 Privilege Fee For the concession privileges granted hereunder and in addition to the charges paid for the premises described in Section IlC and Subsection41 hereof 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 2009 Five Thousand tSwixtoy Dollars 005602 January 2010 Nine Thousand Five Hundred and Tswevenetny Dollars 509207 February 2010 Nine Thousand Five Hundred and Tswevenetny Dollars 509207 March 2010 Ten Thousand Seven Hundred and Twenty Dollars 701200 April 2010 Five Thousand tShirxetey Dollars 005603 Corporation and Concessionaire agree that except as as expressly altered modified and changed in this Third 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 of the date hereof Ifany conflict exists between the provisions ofthis Third Amendment and the Original Agreement the provisions ofthis Third Amendment shall control This Third 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 THIRD AMENDMENT effective as ofthe date first written above By CORPORATION Eagle County Air final tion CONCESSIONAIRE MHounytain Transportation Inc Title QJ