HomeMy WebLinkAboutC2011-055 - 3/8/2011 - ApprovedFIRST AMENDMENT TO AIRPORT
IN- TERMINAL ADVERTISING CONCESSION AGREEMENT p
THIS FIIt AME MENT TO AGREEMENT ( "AMENDMENT ") is entered into this O " day
of 2011, by and between the City of Corpus Christi, Texas, (hereinafter
referred to as "Airport") and In- Ter -Space Services, Inc., currently holding a license to d/b /a Clear Channel
Interspace Airports, (hereinafter referred to as "Concessionaire ") and formerly d/b /a Interspace Airport
Advertising.
WITNESSESTH:
WHEREAS, Concessionaire has operated the display advertising at the Corpus Christi International
Airport (hereinafter referred to as "Facility ") since 2002 pursuant to a certain In- Terminal Advertising
Concession Agreement (hereinafter referred to as "Agreement ") dated September 8, 2002; and
WHEREAS, both parties desire to modify the term of "Gross Receipts" as defined in the Agreement; and
NOW THEREFORE, the Airport and Concessionaire, in consideration of the mutual convenants herein
contained and intending to be legally bound, hereby agree to amend the Agreement as follows:
Effective January 1, 2011, Section 4.5 — "Gross Receipts" Defined --- The following
modification shall be made to section 4.5 so that 4.5.5 shall be deleted in its entirety and
replaced as follows:
"4.5 "Gross Receipts" Defined. The term `Gross Receipts as used herein shall mean all revenues
derived by Concessionaire or any agent of Concessionaire from its operations relating to
advertising on the Airport from any source whatsoever; it is expressly provided, however, that
such term shall not include:
4.5.1 The amount of any separately- stated federal, state and local sales or use taxes imposed upon
Concessionaire's customers and collected by Concessionaire (the sale less any applicable taxes
will be reported to City);
4.5.2 The amount actually paid by the Concessionaire as commissions or fees to advertising
agencies or selling agents not employed by Concessionaire (not to exceed fifteen percent (15 %) on
any particular transaction);
4.5.3 Reasonable charges incurred by Concessionaire or Concessionaire's agent for such period
for local telephone services in connection with Call Board(s) and Displays utilized under the
provisions of this Agreement (agent shall report in detail and certify the amount of such charges
each month); of
4.5.4 Any amount actually paid by an advertiser for ownership in connection with design,
fabrication, or installation of advertising artwork or graphics for the Displays or Call Boards and
fees paid by advertiser for the installation and maintenance of high -tech displays..
4.5.5 Amounts paid by adveftiser- to produce and distribute brochures within the AiFpoFt tefminal.
4.5.5 Amounts Paid bv Concessionaire for the printin2, distributing, stockin and /or
maintaining of brochures displayed within the Airport terminal; and
4.5.6 Amounts deemed uncollectable after reasonable collection efforts not to exceed five percent
(5 %) of the Concessionaire's total annual gross revenues."
2011 -055
Ord. 028978
03/08/11
In- Ter -Space Svcs.
INDEXED
2. Except as expressly provided in this Amendment, all other terms and conditions of the
Agreement shall remain in full force and effect, and the parties hereby reaffirm their rights,
duties and obligations thereunder.
IN WITNESS WHEREOF, the parties have executed this Amendment to Agreement as of the date and
year first written above.
AIRPORT:
City of Corpus Christi
CONCESSIONAIRE:
In -Ter -Space Services, Inc.
operating under license as Clear Channel
Airports
By: j L'•,anaJ
Name: C. �
Title: �r-'. Ci
Attest:
� �
Armando Chapa, City Secretary
Approved as to form:
By:
Lisa Aguilar, AssiM City Attorney
For the City Atto
4- 090 AUTWIRILUM
SECi�TAR
By: !�
Name:
Title: P,,,; dent
Attest: