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HomeMy WebLinkAboutECAT17-018 The Hertz CorporationSECOND AMENDMENT TO CONCESSION AGREEMENT FOR OPERATION OF RENTAL CAR SERVICES EAGLE COUNTY AIR TERMINAL CORPORATION THIS SECOND AMENDMENT ("Second Amendment') is effective as of 11/15/2017 , by and between The Hertz Corporation (hereinafter "Concessionaire") and Eagle County Air Terminal Corporation, a Colorado non-profit corporation (hereinafter "ECAT"). RECITALS WHEREAS, ECAT and Concessionaire entered into an agreement dated the 18'' day of October, 2013, 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, ECAT and Concessionaire entered into a First Amendment dated the I" day of November, 2015 to extend the term of the Original Agreement for an additional one-year period in accordance with the provisions of Section 3.1 B of the Original Agreement. WHEREAS, the term of the Original Agreement expires on the 315" 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: Pursuant to the Section 3.1B of the Original Agreement, the Minimum Monthly Guarantee for the 2017-2018 Ski Season shall be: December 2017: $25,100.00 January 2018: $100,900.00 February 2018: $69,300.00 March 2018: $81,900.00 April 2018: $20,000.00 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 117 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 I" day of October, 2018. ECAT17-018 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. Except as expressly altered, modified and changed in this Second Amendment, all terms and provisions of the Original Agreement shall remain in fbll 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 Cefi Blank] 2 SCAT Am Term Final SIl4 M WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the Original Agreement the day and year first above written. Attest • s. s B D� Bryan Treu, Interim Secretary EAGLE COUNTS' AIR TERMINAL CORP nn! -,......-- [7 By: Jillian H. Ryan, President CONCESSIO. IH1: By• Print Name: Stephen A. Blum Title: Senior Vice president Real Estate & Facilities 3 SCAT Am Term Final 5114 CERTIFICATE OF LIABILITY INSURANCE DMAUDDVYIrYtiI 1CI 10124!2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE 130ES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURE;R(S], AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder Is an ADDITIONAL INSURED, the poiicypasj must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement an this certificate does riot confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER MARSH USA, NG 415 SOUTH STREET CONTACT PHONE FA% A1C No : E -o AIL DRESS MORRISTOWN, NJ 07962-1968 AM: HfetLwtreques*mamh oom Fax 212.94&4979 INSURE AFFORDING COVERAGE NAIL E INSURER A -ACE Amedw nsuranceCompany 22667 100595.5hi-GAW-17.18 Dravin INSURED HERTZ GLOBAL HOLD -NGS INC. INSURER u; Indemnity Ins Cc Of North America 43575 INSURER c : ACE Fre Undervmtem Insurance Com vany20702 (SEE ATTACHED USTINGI INSURER D 8501 WILLIAMS ROAD ESTERO.FL 33928 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: NYC -010148984-01 RFVISION NUMRER: 4 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 1S SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR LTR 7YPEQFeJSUfLLNCE A DL B BR POLICYNUMBER POLICY EFF N D PQLICY EXP NMfDD UM75 A X COMMERCIAL GENERAL LIAetLRY H00 G278MI 0110112017 01/0112018 EACH OCCURRENCE f 5,060,B00 CLAIMS -MADE F OCCUR CA ETORENTED RMI rcen e i 1,000,000 MED EXP An ogre mean S 10,900 PERSONAL a AUV INJURY s 5,000,000 GENL AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE 5 5,000,000 PRO- LOC x POLICY JECT PRODUCTS -COMPIOPAGG S 5,000,000 S OTHER: AUTOMOBILEMABILITY Sell- Insumdupto55.00O.01)0 01101017 GIAIWA16 COMBINE 0 SINGLE LIMIT S 5,000,000 7f ANY AUTO All atlwr Staten BODILY tNJIJRY (Per persdn) S OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURYIPer scddent' S HIRED NON -QW NEO AUTOSONLY AUTOS ONLY •• See Aftadled •••^ DAMAGE s PROPW.Y11 S UMBRELLALIAS OCCUR EACHOCCURRENCE is AGGREGATE E EXCESSLIAH I CLAJMS4AADE DE 1 1 RETENTION S b B A C WORKERS COMPENSATIDN AND EMPLOYERS' L1AR1LIIYUTE ANYPROPRIETOR.?ARTNERAMCUTiVE Y1 N OFflCEFLMELIBERExCLUaED7 IMendwary In 11"? N I A WLR 049108229 (ADS) WLR 049108187 {A2, CA, MAI SCF C49108266 [4N] 1 1 01101Cl017 011018017 01 fO1f1018 01!01!'2(118 011018018 % PER ' 4TH - E.L EACH ACC DENT S S,ppOp00 E.L. DISEASE - EA EMPLOYEE 3 5'0w-000 If yes, describe under DESCRIPTION OF OPE RATIO NS he low F—L DISEASE - POL CY L MIT S 55,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES (ACORD 161, Addnlonal Remarks Schedule, may be avachsd K mon spats Is ngYlnd) COUNTY AND EAGLE COUNTY AIR TERMINAL CORPORATION ARE NAMED AS ADDITIONAL INSURED WITH REGARDS TD GENERAL LIABILITY FOR ALL WORN CONTRACTUALLY OBLIGATED PURSUANT TO THE AGREEMENT. CERTIFICATE HOLDER CANCELLATION EAGLE COUNTY AIR TERMINALCORPORAT'ON SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 0219 ELDON WILSON ROAD THE EXPIRATION DATE THEREOF, NOTICE VALL BE DELIVERED IN GYPSUM, CO 81637 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE or Marsh USA Inc. MartashlMukhegee 0 1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25 (2016M3) The ACORD name and logo are registered marks of ACORD AIC'QRD' AGENCY CUSTOMER R]: 100595 LOC #: Morristown ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMEWNSLRED MARSH USA, INC HERTZ GLOBAL HOLDINGS, IHC. (SEE ATTACHED LISTING) 8501 WILLIAMS ROAD POLICY NUMBER ESTERO,FL 33928 CARRIER NAIL CODE EFFECTIVE DATE: ACORD 101 (2008101) ® 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD