HomeMy WebLinkAboutECAT21-04 Colorado Mountain Express1
SECOND AMENDMENT TO AGREEMENT
FOR OPERATION OF GROUND TRANSPORTATION SERVICES
BETWEEN EAGLE COUNTY AIR TERMINAL CORPORATION AND COLORADO
MOUNTAIN EXPRESS, INC. d/b/a EPIC MOUNTAIN EXPRESS
THIS Second Amendment to the Agreement for Operation of Ground Transportation
Services between the Eagle County Air Terminal Corporation, a nonprofit corporation of the
State of Colorado ("CORPORATION") and Colorado Mountain Express, Inc., a Colorado
corporation, d/b/a Epic Mountain Express ("CONCESSIONAIRE") (hereinafter "Second
Amendment") is made and entered into effective as of the 1st day of December, 2021.
RECITALS
WHEREAS, CORPORATION and CONCESSIONAIRE entered into an Agreement for
Operation of Ground Transportation Services dated November 21, 2017 ("Original
Agreement"); and
WHEREAS, the Term of the Original Agreement was scheduled to expire on November 30,
2020, and the parties entered into a First Amendment to the Original Agreement to extend the
Term through the 30th day of November, 2021; and
WHEREAS, the parties desire to extend the term of the Original Agreement for an additional year,
through November 30, 2022, and to amend the Compensation terms.
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 30th day of November,
2022.
2. Section 4.2 of the Original Agreement shall be deleted in its entirety and replaced with the
following language:
Section 4.2 Privilege Fee: For the concession privilege granted hereunder, and in addition
to the charges paid for the premises, which are described in Section 1.1.C., and Subsection
4.1 hereof, CONCESSIONAIRE shall pay to CORPORATION beginning on the
commencement of the Term and continuing for each month thereafter, the: (i) the Percentage
Fee described in Section 4.2 A or (ii) the Minimum Monthly Guarantee described in Section
4.2 B., whichever sum is greater, as follows:
DocuSign Envelope ID: 81D93C4A-D4C7-4F78-A42B-AC7DF43F7AAD
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A. Percentage Fee. Six percent (6%) of the monthly Gross Revenue under this Agreement in
connection with its operations and business at or related to activity generated from the
Airport (the “Percentage Fee”), said Gross Revenue being hereinafter defined in
Subsection 4.3.
B. Minimum Monthly Guarantee:
December 2021: Twenty-two Thousand Five Hundred Dollars ($22,500)
January 2022: Forty-five Thousand Dollars ($45,000)
February 2022: Forty-five Thousand Dollars ($45,000)
March 2022: Forty-five Thousand Dollars ($45,000)
April 2022: Twenty-two Thousand Dollars ($22,000)
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, or the First Amendment, 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.
5. This Second Amendment shall be binding on the parties hereto, their heirs, executors,
successors, and assigns.
IN WITNESS WHEREOF, the parties hereto have executed this SECOND AMENDMENT
effective as of the date first written above.
CORPORATION:
Eagle County Air Terminal Corporation
By: __________________________
Matt Scherr, President
ATTEST:
________________________________
Secretary of Eagle County Air Terminal
DocuSign Envelope ID: 81D93C4A-D4C7-4F78-A42B-AC7DF43F7AAD
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CONCESSIONAIRE
By: _____________________________________
Print Name:______________________________
Title: ___________________________________
DocuSign Envelope ID: 81D93C4A-D4C7-4F78-A42B-AC7DF43F7AAD
Vice President- Hospitality
John Dawsey
