HomeMy WebLinkAboutECAT12-011 NGSI Vail, Inc. Extension of Lease Agreement EXTENSION OF LEASE AGREEMENT FOR OPERATION OF COFFEE/RETAIL
CONCESSION, EAGLE COUNTY AIR TERMINAL CORPORATION
EAST SPACE /SPACE 2
between
EAGLE COUNTY AIR TERMINAL CORPORATION
And
NGSI VAIL, LLC
THIS EXTENSION ( "Extension "), made this I t r Ill&f day of , 2012,
between Eagle County Air Terminal Corporation ("ECAT' ) and NGSI Vail, LLC
( "Concessionaire "),
WITNESSETH:
WHEREAS, ECAT and Concessionaire are parties to an agreement dated March 28,
2007 ( "Original Agreement ") for the lease and operation of a retail concession inside the Eagle
County Air Terminal; and
WHEREAS, County and Contractor wish to extend the Original Agreement.
NOW, THEREFORE, ECAT and Concessionaire, in consideration of the foregoing
premises and following promises, agree that the Original Agreement is extended as provided
herein:
1. The term of the Original Agreement is extended from April 15, 2012 through
April 15, 2013, with an option on the part of Concessionaire to extend the
Original Agreement as modified herein through October 31, 2017 by giving
ECAT written notice of its desire to so extend the Original Agreement as
modified hereby if it has satisfactorily completed the Conditions described in
Section 3 hereof and obtained ECAT's written approval of such completion as
required by Section 3. Concessionaire shall have the further option to extend the
Original Agreement as modified herein for an additional two year period, from
November 1, 2017 through October 31, 2019 by giving written notice thereof to
ECAT as outlined in the Restaurant and Presecurity Leases. The conditions for
extension of Original Agreement as herein provided must be met by January 15,
2013, and adhered to during the term of this Extension and any further extensions
hereunder.
2. All terms and provisions of the Original Agreement shall remain in full force and
effect during the modified term and any extension(s) thereof except to the extent
that such terms and provisions are modified herein.
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3. The Conditions to Concessionaire's option to extend the Original Lease as
described in Paragraph 1 hereof are as follows:
A. Completion and submission to ECAT for approval of a product
merchandising, menu, and pricing plan for all concessions under lease
between Concessionaire and ECAT. Menu shall at a minimum include a
selection of healthy, fresh, and portable foods. Foods shall present well
and be of good quality. Menu shall accommodate those with common
food allergies, e.g., milk, egg, peanut tree nut, fish, shell fish, wheat and
soy. Determination of service delivery, food quality, selection, value, and
pricing shall be evaluated through passenger surveys sufficient in number
to be satisfactorily relevant. Product merchandising plan shall include
traveler necessities, items typically found at a modern newsstand, locally
branded and produced souvenirs and products, items of local interest, and
non- necessity or luxury items such as electronics, art, books, and
accessories. Merchandising plan and menu shall be designed to evolve to
meet the demand for Eagle County Regional Airport Traveler market
throughout term of lease extensions. Pricing plan shall include pricing
within ten percent (10 %) of local "Street Pricing." Concessionaire shall
develop plan to monitor pricing throughout term of lease extensions. All
discrepancies in pricing noted by the Airport must be remedied by the
Concessionaire within 15 days. Additionally, evaluation and approval of
initial and requested or unrequested plan updates shall be at the sole
discretion of the Eagle County Airport Aviation Director.
B. Development and submission to ECAT for approval of cleanliness
standard and audit process to monitor and ensure that appropriate standard
is being met for all concessions under lease between Concessionaire and
ECAT. Evaluation and approval of the standard and process shall be at
the sole discretion of the Eagle County Airport Aviation Director.
C. Development and submission to ECAT for approval of a management
structure and staff oversight plan to ensure quality of service and product
delivery, staff appearance, and efficient and professional operation of all
concessions under lease between Concessionaire and Corporation.
Evaluation and approval of management structure and staffing shall be at
the sole discretion of the Eagle County Airport Aviation Director.
D. Development and maintenance of facility maintenance and improvement
plan for all concessions under lease between Concessionaire and ECAT.
Maintenance plan shall outline schedule of anticipated maintenance
improvements through the lease extensions. Improvement plan shall
outline anticipated or desired improvements designed to increase customer
throughput, customer service, and best support operations and revenue
growth. Evaluation and approval of plan shall be at the sole discretion of
the Eagle County Airport Aviation Director.
4. This Amendment shall be binding on the parties hereto, their heirs, executors,
successors, and assigns.
IN WITNESS WHEREOF, the parties hereto have executed this Extension of Lease
Agreement for the Eagle County Air Terminal West Space /Space 1 the day and year first above
written.
EAGLE COUNTY AIR TERMINALCORPORATION
By and t s ough
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ATTEST: c ., 41 • -isla
C.::% "sir •, �, � 0 0 Spa ✓.i�
By.
Teak Simonton
Clerk to the Board of
County Commissioners
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,i ‹___-7 By:
C(0 Vi i a
STATE OF ovi o )
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The foregoing instrument was acknowledged before me by 6 - . (2,0614-; a as
Pres i c6244 , this 22"° day of , 2012.
My commission expires: vtZv r ( li fe
Notary Public
Rlm/contracts /extension to agreement form
