HomeMy WebLinkAboutECAT23-01 Tailwind EGEDocuSign Envelope ID: 4ED8CCFF-DC48-4567-8BF8-611221 EF056D
FIRST AMENDMENT TO AGREEMENT BETWEEN
EAGLE COUNTY AIR TERMINAL CORPORATION
AND
TAILWIND EGE, LLC
THIS FIRST AMENDMENT ("First Amendment") is effective as l/l/2023 by and between
Tailwind EGE, LLC (hereinafter "Concessionaire") and Eagle County Air Terminal Corporation,
a Colorado non-profit corporation (hereinafter `SCAT").
RECITALS
WHEREAS, ECAT and Concessionaire entered into an agreement dated the 8th day of
September, 2021 (the "Original Agreement"); and
WHEREAS, ECAT and Concessionaire wish to amend the Original Agreement to incorporate
additional leased space; and
WHEREAS, ECAT has the right to lease portions of the Terminal; and
WHEREAS, Concessionaire has the power and authority to enter into this First Amendment and
desires to lease additional space within said Terminal for the sole purpose of added storage space
and a gift and news shop, retail, food and beverage concession space.
NOW THEREFORE, in consideration of the foregoing and the mutual rights and obligations as
set forth below, the parties agree as follows:
The Original Agreement shall be amended to include additional leased space as
described in Exhibit 1 and Exhibit 2, which is attached hereto and incorporated
herein by reference.
2. The compensation for the additional leased space set forth in Exhibit 1 and Exhibit 2
shall be $4.00 per square foot for 963 square feet (or a total of $3,852.00 per month).
Rent is due by the 15a' day of December, January, February, March and April during
each year of the Initial Term of this Agreement. Rent will not be paid for the months
of May, June, July, August, September, October and November.
3. Percentage Fee: 14% of its Gross Revenues on all services rendered or sales made by
CONCESSIONAIRE on any food, beverages, goods, services or items other than
alcohol and 17% of its Gross Revenues on all sales of alcohol (when revenue exceeds
one million dollars, percentages increase to 15% and 18% respectively) or,
MAG:
2021/2022 July 1 - June 30: $60,000
2022/2021 July 1 - June 30: 85% of previous year's actual Compensation Fee
2023/2024 July 1 - June 30: 85% of previous year's actual Compensation Fee
DocuSign Envelope ID: 4ED8CCFF-DC48-4567-8BF8-611221 EF056D
Simultaneously therewith, CONCESSIONAIRE shall furnish to the CORPORATION
in a form acceptable to CORPORATION a true and accurate verified statement
signed by an officer of CONCESSIONAIRE of its total Gross Revenues for the
preceding month.
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.
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the
Original Agreement the day and year first above written.
Attest: DocuSigned by:
By. P
t,�
Jeff Shroll, Secretary
EAGLE COUNTY AIR TERMINAL
CORPORATION
,DoccuuS/ig".d�by:
F
Kathy an er=Henry,
President
CONCESSIONAIRE
DocuSigned by:
,7�(f
By: Wit' j V
Print Name: Swi tze r
Title: CEO and President
ECAT AM Scope Comp Final 01/10/2023
DocuSign Envelope ID: 4ED8CCFF-DC48-4567-8BF8-611221EF056D
EXHIBIT 1
STORAGE
ECAT AM Scope Comp Final 01/10/2023
DocuSign Envelope ID: 4ED8CCFF-DC48-4567-8BF8-611221EF056D
EXHIBIT 2
STAIR I ELEC I OFFICES II OFFICE
S OFFICE
OFFICE CORRIDOR
0 OFFICE
U
TRASH ROOM
ECAT AM Scope Comp Final 01/10/2023
