4e attach

Item No.: 4e_Exhibit B
Date of Meeting: July 12, 2016

SIXTH AMENDMENT 
TO 
LEASE AGREEMENT 
THIS SIXTH AMENDMENT to Lease Agreement is entered into the ___ day of
______, 2016, by and between the PORT OF SEATTLE, a Washington municipal
corporation, (the "Port") and GATEGOURMET, INC., a Delaware corporation, ("Lessee"). 
W I T NE S S E T H :
WHEREAS, the Port and United Air Lines, Inc. entered into a certain Lease dated 
August 8, 1989, as amended, (herein the Lease) covering Lessee's occupancy of certain
described Premises at the Seattle-Tacoma International Airport for construction, operation
and maintenance of a flight kitchen facility; and
WHEREAS, the Lease was assigned to Lessee by Conditional Consent to Assignment
dated May 24, 1993; and
WHEREAS, audits of Lessee's gross sales, as authorized under Paragraph 3 (f) of the
Lease, have identified ambiguity with respect to the gross sales definition contained in
Paragraph 3 (e), which the parties wish to clarify; and 
WHEREAS, Lessee desires to expand the Premises under the Lease to construct and
operate additional catering truck parking; and 
WHEREAS, the Port is agreeable to the expansion of the Premises, under revised
conditions as described below.
NOW, THEREFORE, in consideration of their mutual promises, the parties
agree as follows:
1.    Effective July 18, 2016, Paragraph 1 (a) is revised to read as follows:
The Port hereby leases to Lessee and Lessee hereby leases from the Port, that certain
real property legally described on Exhibit A-3, attached hereto and incorporated
herein by this reference (the "Premises") The Premises are located at Seattle-Tacoma
International Airport, King County, State of Washington ("the Airport"). The exact
location of the Premises is shown on Exhibit A-4, attached hereto and incorporated
herein by this reference. The area of the additional lease Premises added by this Sixth
Amendment may be adjusted based on a final measurement following completion of
improvements (which final measurement may be reflected by updated Exhibits A-3
and A-4) and the economic terms of this lease that vary depending on the area of the
Premises shall be adjusted accordingly.
2.    Consistent with and effective upon the increase in the area of the Premises as
provided in Paragraph 1 of this Sixth Amendment, Lessee agrees to pay as monthly

1

rental for the Premises under Paragraph 3(a) of the Lease the sum of FIFTEEN
THOUSAND ONE HUNDRED FORTY-THREE DOLLARS AND
EIGHTYCENTS ($15,143.80), computed as follows: 
156,660 s.f. @ $1.16/s.f./yr. = $181,725.60/yr.  12 = $15,143.80/mo. 
3.     Paragraph 3 (e) of the Lease is hereby replaced with the following: 
(e) In consideration of the concession rights and privileges granted in subparagraph 1
(f) of the Lease, Lessee shall pay to the Port during the full term or terms of this
Lease, in addition to rental to be paid pursuant to subparagraph 3 (a) of the Lease, an
amount equal to seven percent (7%) of "gross sales" (as that term is herein defined) to
airlines. In further consideration of the Lessee's additional use of the Premises,
subject to the limitations set forth in Paragraph 5 (a) of the Lease, Lessee shall pay to
the Port an amount equal to three and one-half percent (3  %) of gross sales to nonairline
parties, including "gross sales" made by any licensee or other party authorized
to make sales in connection with the business operated by Lessee. Said amount shall
be paid monthly within fifteen (15) days following the end of each calendar month.
The term "gross sales" as used herein means the total selling price, fee or charge,
whether for cash, credit or otherwise, of all prepared meals, food or other products,
and of all related food catering services or other services, and all other receipts
whatsoever, resulting from or attributable to Lessee's operations on the leased
Premises, regardless of delivery point of place of payment, without offset or
deduction of any kind except (i) returns and refunds because of unacceptable or
unsatisfactory goods or services to the extent such refund was actually granted and
adjustment actually made; (ii) the amount of any sales tax or other excise tax imposed
on the purchaser and collected by Lessee as agent for their taxing body; (iii) meals or
services furnished to employees of Lessee; (iv) any "Quick Pay Discount" as
provided within Lessee's customer contracts (including the cost of any food rebate to
the customer); and (v) any volume discounts. Sales shall be deemed to have occurred
during the month in which the goods were delivered or the services furnished. In
determining concession fees payable by Lessee hereunder, it is expressly agreed that
gross sales resulting from or attributable to any facilities maintained and operated by
Lessee not in the immediate vicinity of the Airport, shall not be included in
determining concession fees hereunder unless such sales are pursuant to the
concession right granted in subparagraph 1 (f) of the Lease. All concession fees
payable hereunder shall be subject to adjustment every five (5) years beginning
January 1, 1995, during the Lease term, in accordance with paragraph 3 (d) of the
Lease. If both the Port and Lessee shall agree, adjustments to concession fees may be
negotiated between them at the same time as rental negotiations are held pursuant to
paragraph 3 (d) of the Lease, but the effective dates of any such adjustments shall not
be affected thereby. 
4.     The following sentence is added at the end of Paragraph 5 (a): 
Lessee shall not use any portion of the Premises for vehicle maintenance or refueling. 

2



5.     Subject to the Port's final consent and otherwise in compliance with all legal
requirements and Port standards (specifically including those set forth at
http://www.portseattle.org/Business/Construction-Projects/Airport-
Tenants/Pages/Reference-Documents.aspx), Lessee may undertake those
improvements  as generally identified in sheets G002, G003 and A701 of the plan
set bearing Port of Seattle No. STIA-T1611 dated 4/4/2016 and 5/31/2016 and
prepared by MCA Architects  necessary to prepare the additional Premises added
under this Sixth Amendment for Lessee's use. To the extent that Lessee is required,
as part of those improvements, to undertake any work outside the boundary of the
Premises, all such work shall specifically be subject to all of the requirements of the
Lease, including (without limitation) indemnification and liability insurance. 
6.     With respect to the Port's obligations under Paragraph 22, in the event that the Lease
is terminated prior to December 31, 2021 for any of the reasons enumerated under
Paragraph 22 (a), the costs Lessee incurs for expanding the Premises under this Sixth
Amendment (but not any interior improvements otherwise included within the plan
set bearing Port of Seattle No. STIA-T1611 dated 4/4/2016 and 5/31/2016 and
prepared by MCA Architects) shall be equal to the current, estimated cost of those
exterior improvements of $119,000.00, and this amount shall be amortized on a
straight line basis from the first day of the first full month following completion of
the improvements through December 31, 2021. If the Lease is terminated in
accordance with Paragraph 22 (a) of this Lease after December 31, 2021, the Port
shall (notwithstanding anything to contrary in Paragraph 22(a) of the Lease) have no
obligation to reimburse Lessee for any unamortized costs associated with expanding
the Premises under this Sixth Amendment. 
7.     The amount of lease bond or other security furnished by Lessee pursuant to the Lease
shall be increased proportionately to reflect the increase in rental. Lessee shall
provide the Port written evidence in a form satisfactory of the consent of security to
provide such increase. 
8.     Except as amended herein, all other terms, covenants and conditions of the Lease
shall remain in full force and effect. 
IN WITNESS WHEREOF, the parties have executed this Sixth Amendment to Lease 
Agreement as of the date first above written. 
PORT OF SEATTLE            GATEGOURMET, INC 
a municipal corporation              a Delaware corporation 
By___________________________     By___________________________ 
Its____________________________     Its____________________________ 


3

STATE OF _______________) 
) ss. 
COUNTY OF _____________) 
I certify that I know or have satisfactory evidence that ______________________ is the
person who appeared before me, and said person acknowledged that (he/she) signed this
instrument, on oath stated that (he/she) was authorized to execute the instrument and
acknowledged it as the _________________________ of the _________________, a
corporation of the State of _______________, to be the free and voluntary act of such party
for the uses and purposes mentioned in the instrument.
SUBSCRIBED AND SWORN to before me this __________ day of
____________________, 20___. 
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written. 
________________________________________ 
Notary Public in and for the State of ____________,
residing at ________________________________ 
My Commission Expires: ____________________ 


STATE OF WASHINGTON ) 
) ss. 
COUNTY OF KING ) 
I certify that I know or have satisfactory evidence that ______________________ is the
person who appeared before me, and said person acknowledged that (he/she) signed this
instrument, on oath stated that (he/she) was authorized to execute the instrument and
acknowledged it as the _________________________ of the PORT OF SEATTLE, a
municipal corporation, to be the free and voluntary act of such party for the uses and
purposes mentioned in the instrument.
SUBSCRIBED AND SWORN to before me this __________ day of
____________________, 20____. 
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written. 
________________________________________ 
Notary Public in and for the State of Washington,
residing at ________________________________ 
My Commission Expires: ____________________ 

4

Limitations of Translatable Documents

PDF files are created with text and images are placed at an exact position on a page of a fixed size.
Web pages are fluid in nature, and the exact positioning of PDF text creates presentation problems.
PDFs that are full page graphics, or scanned pages are generally unable to be made accessible, In these cases, viewing whatever plain text could be extracted is the only alternative.