HomeMy WebLinkAboutECAT13-013 G2 Secure Staff Second Amendment SECOND AMENDMENT TO STORAGE ROOM LEASE BETWEEN EAGLE COUNTY AIR TERMINAL CORPORATION AND G2 SECURE STAFF �� THIS SECOND AMENDMENT ( "Second Amendment ") is made effective this,,e of 0 a , + 7 06 -Acteber, -2$i2, by and between Eagle County Air Terminal Corporation, a not for profit corporation, hereinafter referred to as "Lessor" and G2 Secure Staff, LLC, hereinafter referred to as the "Lessee ". WITNESSETH: WHEREAS, Lessor and Lessee are parties to a Storage Room Lease Agreement dated the 19 day of October, 2010 (the "Lease Agreement "); and WHEREAS, Lessor and Lessee are parties to a First Amendment to the Lease Agreement dated the 31 day of July, 2012 (the "First Amendment "), whereby the parties agreed to increase the size of the Leased Premises under the Lease Agreement to a total of 491 square feet; and WHEREAS, the parties now desire to amend the Lease Agreement to reflect a reduction in the size of the Leased Premises under the Lease Agreement to a total of 397 square feet; and WHEREAS, Lessor owns and operates the Eagle County Air Terminal (the "Terminal ") located at the Eagle County Regional Airport in Eagle County, Colorado has the power and authority to enter into this Second Amendment. NOW THEREFORE, for and in consideration of the mutual covenants contained herein and in the Agreement, the parties hereby agree as follows: SECOND AMENDMENT 1. Section 1, Paragraph 1.0 of the Agreement is hereby deleted and replaced with the following: "Lessor hereby leases to Lessee the space as more particularly described on Exhibit A which is attached hereto and incorporated herein (hereinafter referred to as the "Leased Premises "). Exhibit A depicts a total of 397 square feet, 90 square feet as set forth in the Lease Agreement and additional 307 square feet. Lessee shall use the Leased Premises as identified on Exhibit A solely for the purpose of storage and office space." 2. Exhibit A to this Second Amendment hereby replaces Exhibit A to the Lease Agreement. 3. Section 3, Paragraph 3.0 of the Lease Agreement is hereby deleted and replaced with the following: "Lessee shall pay to Lessor an annual sum of $57.60 per square foot for the 397 square feet of storage and office space ($22,867.20 annually or $1,905.60 per month) payable in advance on the first day of each month at Eagle County Air Terminal Corporation c/o Eagle County Airport Director, P.O. Box 850, Eagle, CO 81631. Notwithstanding the foregoing, and without altering the month -to -month tenancy set forth herein, upon signing this Second Amendment, Lessee may pay annually in advance. In the event that Lessee has paid annually in advance and the Lease Agreement is terminated without cause by Lessor, then Lessee shall be refunded such portion of any advance payment prorated on a per diem basis for the days that the Leased Premises was not occupied by Lessee as a result of such termination. Payment in accordance with this Second Amendment shall commence October 1, 2012." 4. Lessor and Lessee agree that, except as expressly altered, modified and changed in this Second Amendment, all terms and provisions of the Lease Agreement shall remain in full force and effect, and hereby are ratified and confirmed in all respects as of the date hereof. 5. This Second Amendment shall be binding on the parties hereto, their heirs, executors, successors, and assigns. 6. If any conflict exists between the provisions of this Second Amendment and the Lease Agreement or between the provision of this Second Amendment and the First Amendment, the provisions this Second Amendment shall control. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] II I I IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to Agreement the day and year first above written. LESSOR: EAGLE COUNTY AIR TERMINAL CORPO' ; TION By: ts: 1 i1 7 LESSEE: G2 SECURE STAFF, LLC By: Title: j/P A;, . . STATE OF /-e)(C\ ) ss. 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