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Home My WebLink AboutC02-259 TIGA Advertising_ECATC oz-zsq -W o.i SECOND AMENDMENT TO EAGLE COUNTY AIR TERMINAL CORPORATION ADVERTISING DISPLAY CONCESSION AGREEMENT THIS SECOND AMENDMENT to the Eagle County Air Terminal Corporation Advertising Display Concession Agreement (hereinafter "Second Amendment") is made and entered into this � day of 2002, by and between Eagle County Air Terminal_ Corporation, a nonprofit corporation of the State of Colorado ("CORPORATION"), and TIGA Advertising, Inc., a Colorado Corporation ("CONCESSIONAIRE"). RECITALS The circumstances surrounding the making of this Second Amendment are as follows: WHEREAS the TERMINAL BUILDING as identified in the Eagle County Air Terminal Corporation Advertising Display Concession Agreement ( hereinafter the "Agreement') was expanded which created additional space for advertising displays; and WHEREAS, the parties wish to extend the term of the Agreement for an additional one year term from September 1, 2002 through August 31, 2003. WHEREAS, pursuant to Article 10, section 10.17 of the Agreement the CORPORATION and CONCESSIONAIRE each have the authority to enter into this Second Amendment; AGREEMENT THEREFORE, based upon and in consideration of the recitals, promises and covenants set forth herein and those set forth in the Agreement, the parties hereto agree to amend the Agreement by the following: 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 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 devises shall be installed shall be referred to collectively with Exhibit A or any revised Exhibit A as the CONCESSION SPACE. 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. Article 3 Section 3.1 shall be amended by the addition of the following: " The Term of the Agreement shall be extended by this Second Amendment for a one year term from September 1, 2002 and shall end on August 31, 2003 subject to prior termination as provided in Article 8 of the Agreement." 5. The parties agree that the Percentage Privilege Fee shall apply to all advertising by CONCESSIONAIRE under the Agreement and this Second Amendment and shall be 50 (fifty) percent of the Gross Revenue. 6. Any reference to TERMINAL BUILDING in the Agreement shall also apply to the EXPANDED TERMINAL BUILDING unless otherwise stated herein. 7. Article 10 Section 10.12. Any notice which is required to be given to the CORPORATION shall now be sent to: c/o Airport Manager Eagle County Air Terminal Corporation P.O. Box 850 Eagle, CO 81631 Telephone: (970) 524-8246 Fax: (970) 524-8247 8. The parties agree that CONCESSIONAIRE shall not be entitled to display any vehicles at the EXPANDED TERMINAL BUILDING and that ECAT and Eagle County shall have the exclusive right to such displays. 9. The parties agree that the First Amendment to the Agreement has expired and is no longer valid or binding. 10. Except as expressly provided in this Amendment all terms and conditions of the Agreement remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment the day first written above. CORPORATION Eagle County Air Terminal Corporation By: Tom C. S16he, President CONCESSIONAIRE By: Greg Moffet, reside Tiga Advertising, Ind' DISTRIBUTION Originals to: 1. Contract Book 2. 3. - �—�-- 4. K- 0 copies to: 1. Accounting 2. 3.