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HomeMy WebLinkAboutECAT15-015 NGSI - Space 1t CONFIRMATION OF EXTENSION AND AMENDMENT OF LEASE AGREEMENT FOR OPERATION OF COFFEE/RETAIL CONCESSION EAGLE COUNTY AIR TERMINAL CORPORATION WEST SPACE/SPACE 1 between EAGLE COUNTY AIR TERMINAL CORPORATION and NGSI VAIL, LLC THIS CONFIRMATION OF EXTENSTION AND AMENDMENT OF LEASE AGREEMENT ("Confirmation and Amendment") is made this lay of 2015, between Eagle County Air Terminal Corporation ("ECAT" or "CORPORATION") and NGSI Vail, LLC ("Concessionaire"). WITNESSETH: WHEREAS, ECAT and Concessionaire are parties to an agreement dated March 28, 2007 ("Original Agreement") for the lease and operation of a retail concession inside the Eagle County Air Terminal and to an Extension of the Original Agreement dated September 18, 2012 ("Extension"); and WHEREAS, ECAT and Concessionaire wish to confirm an extension and further amend the Original Agreement and Extension as set forth herein. NOW THEREFORE, ECAT and Concessionaire, in consideration of the foregoing premises and following promises, agree as follows: ECAT and Concessionaire agree that the term of the Original Agreement has been extended through October 31, 2017. Concessionaire shall have the further option to extend the Original Agreement as modified herein for an additional two year period, from November 1, 2017 through October 31, 2019 (a Renewal Term) upon giving written notice to ECAT not less than 180 days and not more than 270 days prior to the expiration of the current Renewal Term of its notice of intent to renew. 2. ECAT and Concessionaire agree that Concessionaire has satisfactorily completed the Conditions referred to in paragraph 1 of the Extension and as more fully set forth in paragraph 3 A through D of the Extension. OC/9'T /S-ci rS 3. Concessionaire agrees to update the information requested in the Conditions as set forth in paragraph 3 A through D of the Extension upon request of ECAT and on an annual basis by October 31 of each year. 4. Capitalized terms in this Confirmation and Amendment shall have the same meaning as in the Original Agreement or Extension. To the extent the terms and provisions of this Confirmation and Amendment conflict with, modify or supplement portions of the Original Agreement or Extension, the terms of this Confirmation and Amendment shall govern and control the rights and obligations of the parties. 5. Except as expressly altered, modified and changed in this Confirmation and Amendment, all terms and provisions of the Original Agreement and Extension shall remain in full force and effect, and are hereby ratified and confirmed in all respects as of the date hereof. 6. This Confirmation and Amendment shall be binding on the parties hereto, their heirs, executors, successors and assigns. [Rest of Page Intentionally Left Blank] IN WITNESS WHEREOF, the parties hereto have executed this Confirmation of Extension and Amendment of Lease Agreement for Operation of Coffee/Retail Concession for the Eagle County Air Terminal West Space/Space 1 on the day and year first written above. Attest: By: Brent McFall, Secretary Province of D.tiN11111v City of —I EAGLE COUNTY AIR TERMINAL CORPORA ON By. Kathy ndler-Henry, President NGSI VAIL, LLC By: )ss. The foregoing instrument was acknowledged before me this LA day of Ser kL, , 20 OS by L4" Levy (name of person acknowledged), its sL (title) ofNGSI Vail, LLC. My commission expires: N .� Notary Public a � r � � {it 9VGgg y�- r ,�4jfiGet(�4ilL+,t:;