HomeMy WebLinkAboutECAT22-011 Hy-Mountain Transportation dba High Mountain Taxi_third amendment1
THIRD AMENDMENT TO AGREEMENT
FOR OPERATION OF GROUND TRANSPORTATION SERVICES
BETWEEN EAGLE COUNTY AIR TERMINAL CORPORATION AND HY-MOUNTAIN
TRANSPORTATION, INC., a Colorado corporation, d/b/a HIGH MOUNTAIN TAXI
THIS Third Amendment to the Agreement for Operation of Ground Transportation
Services between the Eagle County Air Terminal Corporation, a Colorado nonprofit
corporation ("CORPORATION") and Hy-Mountain Transportation, Inc., a Colorado
Corporation, d/b/a High Mountain Taxi ("CONCESSIONAIRE") (hereinafter "Third
Amendment") is made and entered into this ____ day of November, 2022, and is made
effective as of the 1st day of December, 2022.
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 entered into a Second Amendment to
extend the Term through the 30th day of November 2022; and
WHEREAS, the parties desire to extend the term of the Original Agreement for an additional year,
through November 30, 2023, and to amend certain terms.
THIRD 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,
2023.
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: D913E426-8DBF-4E82-978C-E692F1C0D8B7
15th
2
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 2020: Ten Thousand Dollars ($10,000)
January 2021: Thirty Thousand Dollars ($30,000)
February 2021: Thirty Thousand Dollars ($30,000)
March 2021: Twenty-five Thousand Dollars ($25,000)
April 2021: Five Thousand Five Hundred Dollars ($5,500)
3. The first paragraph of Section 7.2 of the Original Agreement shall be deleted in its entirety
and replaced with the following language:
Section 7.2 Insurance. CONCESSIONAIRE further agrees to secure at its own expense,
and to keep in force at all times during the Term hereof, Comprehensive General Public
Liability Insurance in the minimum amount of One Million Dollars ($1,000,000.00) bodily
injury and property damage combined single limit each occurrence. The required insurance
coverage also shall include Personal Injury, Blanket Contractual Coverage for this
AGREEMENT, and Independent Contractors Coverage. CONCESSIONAIRE shall also
maintain in force, during the term of this AGREEMENT, Automobile Liability Insurance,
Comprehensive Form, which shall insure all CONCESSIONAIRE's owned or hired vehicles
and/or other vehicles used by CONCESSIONAIRE at AIRPORT pursuant to this
AGREEMENT, in the minimum amount of One Million Dollars ($1,000,000.00) Bodily
Injury and Property Damage Combined Single Limit per occurrence. CONCESSIONAIRE
shall also maintain in force during the term of this AGREEMENT Workers Compensation
and Employers Liability Insurance in accordance with the provisions of Colorado law. The
limit of such insurance coverage shall be for statutory Worker's Compensation benefits, and
shall not be less than One Hundred Thousand Dollars ($100,000.00) for employer's liability
insurance. CONCESSIONAIRE agrees that CORPORATION and County shall be named as
an additional insureds under such policy or policies of insurance and said policy or policies
shall include the severability of interest provision.
4. Capitalized terms in this Third Amendment will have the same meaning as in the Original
Agreement. To the extent that the terms and provisions of the Third Amendment conflict
with, modify or supplement portions of the Original Agreement, or the First or Second
Amendment, the terms and provisions contained in this Third Amendment shall govern and
control the rights and obligations of the parties.
5. Except as expressly altered, modified and changed in this Third Amendment, all terms and
provisions of the Original Agreement shall remain in full force and effect, and are hereby
DocuSign Envelope ID: D913E426-8DBF-4E82-978C-E692F1C0D8B7
3
ratified and confirmed in all respects as of the date hereof.
6. This Third Amendment shall be binding on the parties hereto, their heirs, executors,
successors, and assigns.
IN WITNESS WHEREOF, the parties hereto have executed this THIRD AMENDMENT
effective as of the date first written above.
CORPORATION:
Eagle County Air Terminal Corporation
By: __________________________
Jeanne McQueeney, President
ATTEST:
________________________________
Jeff Shroll, Secretary
CONCESSIONAIRE
By: _____________________________________
Print Name:______________________________
Title: ___________________________________
DocuSign Envelope ID: D913E426-8DBF-4E82-978C-E692F1C0D8B7
President
Matt Cook
