HomeMy WebLinkAboutECAT C05-243 Cashman_first amendment WESTCos-ays-% stwoe FIRST AMENDMENT TO AGREEMENT FOR OPERATION OF RETAIL CONCESSION BETWEEN EAGLE COUNTY AIR TERMINAL CORPORATION AND RICHARD H. CASHMAN• (WEST SPACE) This FIRST AMENDMENT to the Agreement for Operation of Retail Concession dated December 11, 2001, betw.; m Eagle County Air Terminal Corporation, a nonprofit corporation ("CORPORATION) and Richard H. Cashman ("CONCESSIONAIRE") is made and entered into this.73 day of A as42005. RECITALS WHEREAS, the parties entered into an Agreement for the Operation of Retail Concession dated December 11, 2001 ("Agreement'); and WHEREAS, the Agreement entered into between CORPORATION and CONCESSIONAIRE is to expire November 1, 2005 and other leases within the terminal building are to expire in 2006. CORPORATION desires to have multiple leases at the terminal building expire in the same year; and WHEREAS, CONCESSIONAIRE desires to extend its lease agreement for an additional one year term; and WHEREAS, pursuant to Article 10, Section 10.18 of the Agreement, the CORPORATION and the CONCESSIONAIRE each have the authority to enter into this First Amendment. AGREEMENT NOW THEREFORE, based upon and in consideration of the mutual covenants and agreements set forth herein and in the Agreement, the parties hereby agree to amend the Agreement as follows: The term of the Agreement is hereby extended for one year to expire on November 1, 2006 at 12:01 a.m. subject to prior termination as set forth in the Agreement. 2. Section 4.1 "Compensation" is hereby amended to include the following additional language: "2005-2006 Ski Season: November, 2005 (Amount in words) Prorated for the number of days open in month based on One thousand, two hundred and sixty—three dollars. (Amount in numbers) Prorated for the number of days open in month based on o%V * .w $1263.00. December, 2005 (Amount in words) One thousand, two hundred and sixty-three dollars or ten percent of gross whichever is greater. (Amount in numbers) $1263.00 dollars per month or 10% of gross whichever is greater. January, 2006 (Amount in words) One thousand, two hundred and sixty-three dollars or ten percent of gross whichever is greater (Amount in numbers) $1263.00 or 10% of gross whichever is greater. February, 2006 (Amount in words) One thousand, two hundred and sixty-three dollars or ten percent of gross whichever is greater (Amount in numbers) $1263.00 or 10% of gross whichever is greater. March, 2006 (Amount in words) One thousand, two hundred and sixty-three dollars or ten percent of gross whichever is greater (Amount in numbers) $1263.00 or 10% of gross whichever is greater. April, 2006 (Amount in words) Prorated for the number of days open in month based on one thousand, two hundred and sixty-three dollars. (Amount in numbers) Prorated for the number of days open in month based on $1263.00 " 3. Except as expressly provided in this First Amendment, all other terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment on the day and year first written above. CORPORATION: DISTRIBUTION Originals to: 1. Contract Book 2. t-.\e 3.a�- 4. Copies to: 1. Accounting 2. 3. 4.