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HomeMy WebLinkAboutECAT17-017 Frontier Rental Inc dba Dollar Renta a Car and Thrifty Car RentalSECOND AMENDMENT TO CONCESSION AGREEMENT FOR OPERATION OF RENTAL CAR SERVICES EAGLE COUNTY AIR TERMINAL CORPORATION THIS SECOND AMENDMENT ("Second Amendment") is effective as of 11/01/2017 , by and between Frontier Rental, Inc. d/b/a Dollar Rent a Car and Thrifty Car Rental (hereinafter "Concessionaire') and Eagle County Air Terminal Corporation, a Colorado non-profit corporation (hereinafter "ECAT"). RECITALS WHEREAS, on October 29, 2013, ECAT and Simply Wheelz, LLC d/b/a Advantage Rent a Car ("Advantage") entered into a Concession Agreement for Operation of Rental Car Services whereby ECAT leased certain Concession Space to Concessionaire to conduct and operate a rental car concession at the Terminal Building at the Eagle County Regional Airport (the "Original Agreement"); and WHEREAS, on November 13, 2013, Advantage filed a petition in bankruptcy under chapter 11 of the United States Bankruptcy Code in the United States Bankruptcy Court for the Southern District of Mississippi and requested that the court authorize the assignment of the Concession Agreement from Advantage to Concessionaire; and WHEREAS, pursuant to an order entered by the Bankruptcy Court on February 10, 2014, Concessionaire was authorized to assume the Concession Agreement; and WHEREAS, Advantage and Concessionaire entered into an assignment agreement effective as of February 10, 2014, whereby Advantage conveyed, transferred and assigned to Concessionaire all of Advantage's right, title and interest in the Concession Agreement; and WHEREAS, ECAT consented to such assignment, effective as February 10, 2014; and WHEREAS, ECAT and Concessionaire entered into a First Amendment dated the 0 day of November, 2016 to extend the term of the Original Agreement for an additional one-year period in accordance with the provisions of Section 3.1B of the Original Agreement. WHEREAS, the term of the Original Agreement expires on the 3 V day of October, 2017 and the parties desire to extend the term of the Original Agreement for an additional one-year period on the same terms and conditions as set forth in the Original Agreement and as set forth below. SECOND AMENDMENT NOW THEREFORE, in consideration of the foregoing and the mutual rights and obligations as set forth below, the parties agree as follows: 1. Pursuant to the Section 3.1B of the Original Agreement, the Minimum Monthly Guarantee for the 2017-2018 Ski Season shall be: ECAT17-017 December 2017: $20,100.00 January 2018: $20,100.00 February 2018: $20,100.00 March 2018: $20,100.00 April 2018: $20,100.00 2. Section 4.1B of the Original Agreement is hereby amended to include the following sentence: Concessionaire shall pay forty-seven dollars ($47.00) per space per month for 26 ready/return parking spaces as set forth in Exhibit B of the Original Agreement, payable in advance and without demand, on the first day of each calendar month of the Fifth Lease Year of this agreement. 3. The term of the Original Agreement is hereby extended to the 3 V day of October, 2018. 4. Capitalized terms in this Second Amendment will have the same meaning as in the Original Agreement. To the extent that the terms and provisions of the Second Amendment conflict with, modify or supplement portions of the Original Agreement, the terms and provisions contained in this Second Amendment shall govern and control the rights and obligations of the parties. S. Except as expressly altered, modified and changed in this Second Amendment, all terms and provisions of the Original Agreement shall remain in full force and effect, and are hereby ratified and confirmed in all respects as of the date hereof. 6. This Second Amendment shall be binding on the parties hereto, their heirs, executors, successors, and assigns. [Rest of Page Intentionally Left Blank] 2 SCAT Am TLrm Final 5/14 IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the Original Agreement the day and year first above written. Attest: LE Bryan Treu, Interim Secretary EAGLE COUNTY AIR TERMINAL CORPORATIOLc;�&N B 3� By: Jillian H. Ryan, President CONCESSIONAIRE LE 1'rim Mame: Brad Ghent I illc:: President 3 SCAT Am TLrm Final 5/14