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HomeMy WebLinkAboutECAT21-08 First Amendment Avis Budget Car RentalFIRST AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY AIR TERMINAL CORPORATION AND AVIS BUDGET CAR RENTAL, LLC THIS FIRST AMENDMENT (“First Amendment”) is effective as of the 1st day of November, 2021 by and between Avis Budget Car Rental, LLC, formerly known as Avis Budget Group (hereinafter “Concessionaire”) and Eagle County Air Terminal Corporation, a Colorado not for profit 63-20 corporation (hereinafter “ECAT”). RECITALS WHEREAS, ECAT and Concessionaire entered into an agreement dated the 1st day of November, 2018 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, the term of the Original Agreement expires on the 31st day of October, 2021 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, except as amended herein. FIRST 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 is hereby amended to extend the Term to the 31st day of October, 2022. 2. Section 4.2 A. of the Original Agreement is hereby amended to include the following language: The Minimum Monthly Guarantee for the 2021-2022 Ski Season shall be: December 2021: $53,432.00 January 2022: $156,912.00 February 2022: $104,723.00 March 2022: $101,149.00 April 2022: $40,000.00 3. Section 4.1 B of the Original Agreement is hereby amended to include the following sentence: For 130 ready/return parking spaces as set forth in Exhibit B, as follows: the sum of fifty-six dollars ($56.00) per space per month, payable in advance and without demand, on the first day of each calendar month during the Term. DocuSign Envelope ID: A05C79FE-C00E-4F36-8305-9E0C78B57F86 2 ECAT Am Term Final 5/14 4. Capitalized terms in this First Amendment will have the same meaning as in the Original Agreement. To the extent that the terms and provisions of the First Amendment conflict with, modify or supplement portions of the Original Agreement, the terms and provisions contained in this First Amendment shall govern and control the rights and obligations of the parties. 5. Except as expressly altered, modified and changed in this First 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. 6. This First Amendment shall be binding on the parties hereto, their heirs, executors, successors, and assigns. [Rest of Page Intentionally Left Blank] DocuSign Envelope ID: A05C79FE-C00E-4F36-8305-9E0C78B57F86 3 ECAT Am Term Final 5/14 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Original Agreement the day and year first above written. CORPORATION Eagle County Air Terminal Corporation By: _________________________________ ATTEST: _________________ Secretary Concessionaire By: _____________________________________ Print Name:______________________________ Title: ___________________________________ DocuSign Envelope ID: A05C79FE-C00E-4F36-8305-9E0C78B57F86 Vice President Properties & Facilities Anne Morrison EXHIBIT B Avis/Budget DocuSign Envelope ID: A05C79FE-C00E-4F36-8305-9E0C78B57F86