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Home My WebLink AboutECAT C01-285 First Amemdment to TIGA Advertising agreementN FIRST AMENDMENT TO EAGLE COUNTY AIR TERMINAL CORPORATION ADVERTISING DISPLAY CONCESSION AGREEMENT THIS FIRST AMENDMENT to the Eagle County Air Terminal Corporation Advertising Displa�,, ,ll�oncessiQ greement (hereinafter "First Amendment ") is made and entered into this ��!day o 2001, by and between Eagle County Air Terminal Corporation, a nonprofit co oration of the State of Colorado ( "CORPORATION "), and TIGA Advertising, Inc., a Colorado Corporation ( "CONCESSIONAIRE "). RECITALS The circumstances surrounding the making of this First Amendment are as follows: WHEREAS the TERMINAL BUILDING as identified in the Eagle County Air Terminal Corporation Advertising Display Concession Agreement ( hereinafter the "Agreement ") has expanded and there is now additional space for advertising displays; and WHEREAS, pursuant to Article 2, Section 2.1 of the Agreement the CORPORATION has the authority in its sole discretion to require additional devices or additional types of devises for advertising; and WHEREAS, in order to have advertising available in the new expanded areas of the TERMINAL BUILDING the CONCESSIONAIRE has to sell advertising space during October and November 2001; and WHEREAS, the Concessionaire will not recoup the cost of new displays for the expanded terminal within the remaining contract term; WHEREAS, pursuant to Article 10, section 10.17 of the Agreement the CORPORATION and CONCESSIONAIRE each have the authority to enter into this First Amendment; AGREEMENT NOW THEREFORE, based upon and in consideration of the recitals, promises and covenants set forth herein, the parties hereto agree to amend the Agreement as follows: 1. Article I section 1.1 C shall be amended by the addition of the following language: "CONCESSION SPACE shall also include any additional space designated for advertising display devices in the EXPANDED TERMINAL BUILDING as generally depicted on the revised Expanded Terminal Space Plan attached hereto as Exhibit B and incorporated herein by 10 this reference. The CORPORATION and CONCESSIONAIRE acknowledge and agree that the dimensions of the CONCESSION SPACE as set forth in Exhibit B are approximate. The precise dimensions and location shall be determined by the CORPORATION and a revision to Exhibit B will be made, if necessary, depicting the dimensions and location of the CONCESSION SPACE in the expanded terminal building as actually installed." 2. Article I section 1.1 shall be amended by the addition of: "F. EXPANDED TERMINAL BUILDING shall mean the recently constructed additions at either end of the existing Terminal Building." 3. Article 2 Section 2.1 shall be amended by the addition of the following: "CORPORATION further grants to CONCESSIONAIRE the exclusive right, privilege and obligation to install, sell and maintain display advertising devices, e.g. wall posters, wall dioramas, standing displays, and reservation boards, within the EXPANDED TERMINAL BUILDING as depicted in the attached Exhibit B consistent with and subject to all terms and provisions of this Agreement. The areas shown on Exhibit B where display advertising devices shall be installed shall be referred to collectively with Exhibit A or any revised Exhibit A as the CONCESSION SPACE. CONCESSION SPACE in the EXPANDED TERMINAL BUILDING will initially consist of a combination of 12 wall displays and kiosks. Additional devices or additional types of devices may be required by CORPORATION in its sole discretion; and locations of devices may be changed by the CORPORATION in its sole discretion." 4. The parties agree that Article IV and specifically paragraphs 4.1, 4.2 and 4.7 of the Agreement shall continue to apply to existing advertising and advertising within the TERMINAL BUILDING. 5. With respect to the new advertising installed in the EXPANDED TERMINAL BUILDING the same calculations as set forth in Article IV paragraphs 4.1, 4.2 and 4.7 shall apply except that the Percentage Privilege Fee as set forth in paragraph 4.1(b) for the advertising in the Expanded Terminal Building shall be 10 (Ten)Percent. 6. Article 5 Section 5.1 shall be amended by the addition o£ "The initial 12 wall displays and kiosks in the expanded terminal building shall be fully installed (including advertising) and operational no later than December 15, 2001 unless such time is extended by the Corporation." 7. Any reference to TERMINAL BUILDING in the Agreement shall also apply to the EXPANDED TERMINAL BUILDING unless otherwise stated herein. 8. Article 10 Section 10.12. Any notice which is required to be given to the CORPORATION shall now be sent to: OA r _ C c/o Airport Manager Eagle County Air Terminal Corporation P.O. Box 850 Eagle, Colorado 81631 Telephone: (970) 524 -8246 Fax: (970) 524 -8247 9. Except as expressly provided in this Amendment, all the terms and conditions of the Agreement remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment effective as of the date first written above. c cr.e CORPORATION yagle County Air Terminal Corporation * 7z&By:_ _._ Tom C. Stone, President CONCESSIONAIRE Greg Mo et, Presid, - Tiga Advertising, Inc.