HomeMy WebLinkAboutC18-091 Vail Valley Jet Center LLCSECOND AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND VAIL VALLEY JET CENTER, LLC THIS FIRST AMENDMENT ("First Amendment") is effective as of 04/03/2018 and between Vail Valley Jet Center, LLC, a Colorado limited liability company (hereinafter "Consultant" or "Contractor") and Eagle County, Colorado, a body corporate and politic (hereinafter "County"). RECITALS by WHEREAS, County and Consultant entered into an agreement dated the 20"' day of February, 2007, for certain Services (the "Original Agreement") (C07-052, De -Icing Facility Agreement); and WHEREAS, the term of the Original Agreement expires on the 20't' day of February, 2017, and the parties desire to extend the term of the Original Agreement for an additional year on the same terms and conditions as set forth in the Original Agreement. WHEREAS, the term of the First Amendment expires on the 2d" of February, 2018, and the parties desire to extend the term of the agreement for an additional year on the same terms and conditions as set forth in the Original Agreement. 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. The Original Agreement shall be amended to extend the term to the 2& day of February, 2019. 2. Exhibit 1, Vail Valley Jet Center General Aviation Deicing Facility Financial Pro - Forma (2018), is attached hereto and incorporated herein by reference. 3. 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. 4. 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. C18-091 5. This Second Amendment shall be binding on the parties hereto, their heirs, executors, successors, and assigns. [Rest of Page Intentionally Left Blank] Eagle County Amendment Ext Term 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: By: Regina O'Brien, Clerk to the Board COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS LN Lc� Kathy (='handler -Henry, Chair Jeanne McQueeney, CONSULTANT: VAIL VALLEY JET CENTER, LLC Prins Nanie: Paul Gordon Title: President / CEO 3 Eagle County Amendment Ext Term Final 5/14 VAIL VALLEY JET CENTER GENERAL AVIATION DEICING FACILITY FINANCIAL 2017/2018 r/A Gallons r/A Dollars otal Revenue ost of Sales otal Gallons otal Cost of Sales ersonnel Expenses (6 r@ $15K) caste Glycol Trucking and Disposal Expenses .dministrative Expenses .uto Fuel For Vehicles .dditional Insurance - GA iaintenance of Equipment. agle County Airport "Cost Share" ($565,343) .dditional Storage Depreciation quipment Depreciation otal Expenses` otal Profit/(Loss) all Valley Jet Center Profit/(Loss) igle County Airport "Use Fee" 5% of Net Profit) E 3% Minimum Revenue Guarantee` *Minimum Revenue Guarantee is due Eagle County whenever Eagle County's "Use Fee" of the GA deicing business falls below 3% of Total Revenue. 2017-2018 BUDGET 11,337 $253,300 $253,300 11,337 $4.33 $49,083 $132,409 $0 8,827 1,004 6,764 16,158 0 1,000 7,944 $174,107 $30,111 $22,583 $7,528 $7,599