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HomeMy WebLinkAboutECAT24-12 Tailwind EGE_second amendment1 SECOND AMENDMENT TO AGREEMENT FOR OPERATION OF RETAIL CONCESSION AT EAGLE COUNTY REGIONAL AIRPORT TERMINAL BUILDING THIS SECOND AMENDMENT to the Agreement for Operation of Retail Concession at the Eagle County Regional Airport Terminal between the Eagle County Air Terminal Corporation, a Colorado nonprofit corporation ("Corporation") and Tailwind EGE, LLC, a limited liability company (“Concessionaire") (hereinafter "Second Amendment") is made and entered into effective as of the 1st day of July, 2024. RECITALS WHEREAS, Corporation and Concessionaire entered into an Agreement for Operation of a Retail Concession for operation of a gift and news shop, retail, food, and beverage concession, and associated office and storage space in the terminal building at the Eagle County Regional Airport dated September 8, 2021 ("Original Agreement"); and WHEREAS, Corporation and Concessionaire entered into a First Amendment to the Original Agreement to clarify and amend terms relating to compensation paid under the Agreement and to amend the expiration date of the Original Agreement; and WHEREAS, the Term of the Original Agreement is scheduled to expire on June 30, 2024, and the parties desire to extend the Term through the June 30, 2025 upon the terms and conditions set forth herein. SECOND 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 June, 2025. 2. Capitalized terms in this Second Amendment will have the same meaning as in the Original Agreement. To the extent that the terms and provisions of the Second Amendment conflict with, modify or supplement portions of the Original Agreement or the First Amendment, the terms and provisions contained in this Second Amendment shall govern and control the rights and obligations of the parties. 3. Except as expressly altered, modified and changed in this Second Amendment, all terms and provisions of the Original Agreement and the First Amendment shall remain in full force and effect, and are hereby ratified and confirmed in all respects as of the date hereof. DocuSign Envelope ID: 570F313D-3717-4B55-B7DC-2B306110CC6B 2 4. This Second Amendment shall be binding on the parties hereto, their heirs, executors, successors, and assigns. IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the Original Agreement effective as of the date first written above. CORPORATION: Eagle County Air Terminal Corporation By: __________________________ Matt Scherr, President ATTEST: ________________________________ Jeff Shroll, Secretary CONCESSIONAIRE By: _____________________________________ Print Name:______________________________ Title: ___________________________________ DocuSign Envelope ID: 570F313D-3717-4B55-B7DC-2B306110CC6B CEO and President Jeff Switzer