HomeMy WebLinkAboutECAT17-021 Avis Budget Car Rental LLCSECOND AMENDMENT TO CONCESSION AGREEMENT FOR OPERATION OF RENTAL CAR SERVICES EAGLE COUNTY AIR TERMINAL CORPORATION THIS SECOND AMENDMENT ("Second Amendment") is effective as of 10/19/2017 by and between Avis Budget Car Rental, LLC (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 18th 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 V 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: December 2017: $28,750.00 January 2018: $73,786.00 February 2018: $52,733.00 March 2018: $62,126.00 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 89 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. ECAT17-021 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. 5. 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. 5. 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 5114 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 CORPO w By: K. d-f-IId.,.=._. o� dillian H. Ryan, President CONCESSIONAIRE LE LA Print Name: Robert bouta Tule: SVP 3 SCAT Am TLrm Final 5114