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HomeMy WebLinkAboutC16-213 Streetmediagroup LLCTHIRD AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND STREETMEDIAGROUP, LLC r THATHIRD AMENDIiIENT ("Third Amendmenf) is effective as of rhe 14 aav orJvND -"2016by and between SfteetMediaGroup LLC, aColoradd Corporation(hereinafter "concessionaire") and Eagle county, cororado, a body .orporut" *jfolitic(hereinaft er "County"). RECITALS yHlRE4lt County and Concessionaire gnle1ed into an agreement dated the 2nd day ofoctober, 2012,for certain Services (the'roriginat egreemini;j, *o WHEREAS, the Oriqrlal Agroement was anrended as described in the First Amendment datedthe I lh $r gf lune ,20!4,ii which tre Couuty waived its right to collect certain reveoueassociated with special event advertisements, waived its righito collect the Minimum AmualpyS.ntee-o-(MAc) payment for one year, and compensatfr Concessionaire for certainAdditional Services; and WHEREAS, the Original Agreementwas amended as described in the Second Amendment dated F" 5".d1y of January, 2016: lnwhich the Couury waiveditsright to collect ths MinimumAnnual Guaranteed (MAG) payment for an addiiional y.*; *i WHEREAS, the term 9f-the Original Agreement expires on the 1st day of October, 2016 and theparties desire to extend the term of the Original Agreement for an additional 24 months on thesame terms and conditions as set forth in the original Agreement. TIIIRD AMENDMENT Noy THEREFORE, in consideration of the foregoing and the mutual rights and obligations asset forth below, the parties agree as follows: 1' The Original Agreement shall be amended to extend the term to the lst day ofOctober,20l8. 2' Capitalized terms in this Third Amendment will have the same meaning as in theOriginal Agreement, the First Amendment and the Second Amendment. To the extentthat the temts and provisions of the Third Amendment conflict with, modiff orsupplement portions of the Original Agreement, the First Amendment or the SecondAmendment, the terrts and provisionsiontained in this Third Amendment shallgovern and conhol the rights and obligations of the parties. 3' Except as expressly altered, modified and changed in this Third Amendment, allterms and provisions of the original Agreement, the First Amendment and the County Commissioners' Off:ieC16-213 Second Amendment shall remain in full force and effect, and are hereby ratified andconfirmed in all respects as of the date hereof. This Third Amondment shall be binding on the parties hereto, their heirs, executors,successors, and assigns. IN wrrNESs wHEREof, the parties hereto have executed this Third Amendment to theOriginal Agreement the day uody.* first above written. COUNry OF EAGLE, STATE OF COLORADO,By and Through Its BOARD OF COUNTY COMMISSIONERS 4. CONCESSIONAIRE Attest: Teak J. Simonton, Ctert lo ttr"Eoiffi 2 Eagle County Amendment Ext Tcrm Final 5/14