6e attach

Draft: September 3, 2014 
Item Number:      _6e_Exhibit B 
Date of Meeting: November 25, 2014 

FIRST AMENDMENT 
TO LEASE AND CONCESSION AGREEMENT 

THIS FIRST AMENDMENT TO LEASE AND CONCESSION AGREEMENT
(hereinafter referred to as the "Amendment") is made as of this ____ day of December 2014, by
and between the PORT OF SEATTLE, a Washington municipal corporation (hereinafter referred
to as "the Port"), and ANTON AIRFOOD OF SEATTLE, INC. a Washington corporation 
(hereinafter referred to as "Lessee"). 
WHEREAS, the Port and Lessee entered into that certain Lease and Concession
Agreement dated March 21, 2003 for operation of a casual dining restaurant in the Central
Terminal of Seattle-Tacoma International Airport ("the Lease"); and 
WHEREAS, the Port and Lessee have agreed to amend the Lease to extend the initial
Lease term by two years and three months, delete the renewal periods, revise the calculation of
the Minimum Annual Guarantee to account for the final, partial Agreement Year, revise the rent
for the final, additional two years and three months of the Lease term, and up date the nondiscrimination
provisions; 
NOW, THEREFORE, in consideration of their mutual promises, the parties hereto do
hereby mutually agree as follows: 
1.     Revised Initial Lease Term. Section 3.1 of the Lease is deleted and replaced with
the following: 
3.1    Initial Term. Unless earlier terminated pursuant to any provision of this
Agreement, the initial term shall commence on the Occupancy Date and continue
until September 30, 2017. 
2.     Deleted Lease Renewal Term. Section 3.2 of the Lease is deleted in its entirety.
Unless the Lease is further amended, there shall be no renewal terms beyond the initial Lease
term, as revised by this Amendment. 
3.     Revision to Calculation of the Minimum Annual Guarantee. The following
language is added at the end of Section 4.1.2: 
There shall, however, be no Minimum Annual Guarantee for the final, partial Agreement
Year that commences on July 1, 2017. 

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Draft: September 3, 2014 
4.     Revised Percentage Fees. Section 4.2 of this Lease is deleted and replaced with
the following: 
4.2    Percentage Fees. 
4.2.1  Commencing on the Rent Commencement Date through June 30, 2015,
Lessee shall also pay the Port eight percent (8%) of Gross Receipts, to the
extent the Percentage Fee is higher than the monthly payment of the
Minimum Annual Guarantee paid to the Port pursuant to Section 4.1. 
4.2.2   Commencing on July 1, 2015, Lessee shall pay the Port a percentage fee, to
the extent the percentage fee is higher than the monthly payment of the
Minimum Annual Guarantee paid to the Port pursuant to Section 4.1,
according to the following schedule: 
Gross Receipts                  Percentage of Gross Sales 
Gross Receipts  $5,000,000                   8.0% 
Gross Receipts > $5,000,000 but  $10,000,000       10.0% 
Gross Receipts > $10,000,000                  12.0% 
4.2.3   On or before the fifteenth (15th) day of each month, Lessee shall submit to the
Port a detailed statement showing the Gross Receipts generated from the
concession during the preceding month and shall simultaneously pay to
the Port the Percentage Fee due for that preceding month less the monthly
payment of Minimum Annual Guarantee already paid by the Lessee for
that month. The reports shall show such reasonable detail and breakdown
as may be required by the Port. To the extent technically feasible, the Port
shall have the right to require Lessee to submit such reports electronically. 
5.     Nondiscrimination. Section 43 (inclusive of Subsections 43.1 through 43.8) of the
Lease is hereby deleted and replaced with the following: 
This Agreement is subject to the requirements of Title VI of the Civil Rights Act of 1964
and the U.S. Department of Transportation's regulations, 49 CFR Part 21. Lessee agrees
that it will not discriminate against any business owner because of the owner's race,
color, national origin, or sex in connection with the award or performance of any
concession agreement, management contract, subcontract, purchase or lease agreement or
other agreement covered by 49 CFR part 21. Furthermore, during the performance of this
Agreement, Lessee, for itself, its assignees, and successors in interest (for purposes of
this Section and its referenced exhibits only, "contractor") agrees to both (i) comply with
the covenants set forth on Exhibit E and (ii) comply with the non-discrimination statutes
and authorities set forth on Exhibit F. 
6.     Exhibits. Exhibits E and F are attached to this Amendment after the signatures
and are expressly incorporated herein. 

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Draft: September 3, 2014 
7.     Other Terms Unaffected. Except as expressly set forth in this Amendment, all
other provisions of the Lease shall remain in full force and effect. 
IN WITNESS WHEREOF, the parties hereto have signed this Amendment as of the day and year
first above written. 
ANTON AIRFOOD OF SEATTLE, INC.      PORT OF SEATTLE 
A Washington corporation                A Washington municipal corporation 
By:                                By: 
Its:                                            Its: 














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Draft: September 3, 2014 
ACKNOWLEDGMENT FOR CONCESSIONAIRE 

STATE OF ___________________ ) 
) ss. 
COUNTY OF _________________ ) 
On  this  _______ day  of   September  2014,  before  me,  personally  appeared
____________________________________ to   me   known   to   be   the
____________________________________ of ANTON AIRFOOD OF SEATTLE, INC., a Washington 
corporation, the corporation that executed the foregoing instrument, and acknowledged said instrument to
be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned,
and on oath stated that he/she was duly authorized to execute the same. 
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: 

ACKNOWLEDGMENT FOR THE PORT 

STATE OF WASHINGTON   ) 
) ss. 
COUNTY OF KING       ) 
On  this  _______ day  of   September  2014,  before  me,  personally  appeared
____________________________________ to   me   known   to   be   the
____________________________________ of the PORT OF SEATTLE, a Washington municipal
corporation, the corporation that executed the foregoing instrument, and acknowledged said instrument to
be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned,
and on oath stated that he/she was duly authorized to execute the same. 
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: 


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Draft: September 3, 2014 
EXHIBIT E 
Additional Non-Discrimination Covenants  
1.     Compliance with Regulations: The contractor (hereinafter includes consultants) will
comply with the Acts and the Regulations relative to Non-discrimination in Federallyassisted
programs of the U.S. Department of Transportation, Federal Aviation
Administration, as they may be amended from time to time, which are herein
incorporated by reference and made a part of this contract. 
2.     Non-discrimination: The contractor, with regard to the work performed by it during the
contract, will not discriminate on the grounds of race, color, or national origin in the
selection and retention of subcontractors, including procurements of materials and leases
of equipment. The contractor will not participate directly or indirectly in the
discrimination prohibited by the Acts and the Regulations, including employment
practices when the contract covers any activity, project, or program set forth in Appendix
B of 49 CFR part 21. 
3.     Solicitations for Subcontracts, Including Procurements of Materials and
Equipment: In all solicitations, either by competitive bidding, or negotiation made by the
contractor for work to be performed under a subcontract, including procurements of
materials, or leases of equipment, each potential subcontractor or supplier will be notified
by the contractor of the contractor's obligations under this contract and the Acts and the
Regulations relative to Non-discrimination on the grounds of race, color, or national
origin. 
4.     Information and Reports: The contractor will provide all information and reports
required by the Acts, the Regulations, and directives issued pursuant thereto and will
permit access to its books, records, accounts, other sources of information, and its
facilities as may be determined by the Recipient or the Federal Aviation Administration
to be pertinent to ascertain compliance with such Acts, Regulations, and instructions.
Where any information required of a contractor is in the exclusive possession of another
who fails or refuses to furnish the information, the contractor will so certify to the
Recipient or the Federal Aviation Administration, as appropriate, and will set forth what
efforts it has made to obtain the information. 
5.     Sanctions for Noncompliance: In the event of a contractor's noncompliance with the
Nondiscrimination provisions of this contract, the Recipient will impose such contract
sanctions as it or the Federal Aviation Administration may determine to be appropriate,
including, but not limited to: 
a.     withholding payments to the contractor under the contract until the contractor
complies; and/or 
b.     cancelling, terminating, or suspending a contract, in whole or in part. 
6.     Incorporation of Provisions: The contractor will include the provisions of paragraphs
one through six in every subcontract, including procurements of materials and leases of
equipment, unless exempt by the Acts, the Regulations and directives issued pursuant
thereto. The contractor will take action with respect to any subcontract or procurement as

Exhibit E  Page 1

Draft: September 3, 2014 
the Recipient or the Federal Aviation Administration may direct as a means of enforcing
such provisions including sanctions for noncompliance. Provided, that if the contractor
becomes involved in, or is threatened with litigation by a subcontractor, or supplier
because of such direction, the contractor may request the Recipient to enter into any
litigation to protect the interests of the Recipient. In addition, the contractor may request
the United States to enter into the litigation to protect the interests of the United States. 
















Exhibit E  Page 2

Draft: September 3, 2014 
EXHIBIT F 
Pertinent Non-Discrimination Authorities  
Title VI of the Civil Rights Act of 1964 (42 U.S.C.  2000d et seq., 78 stat. 252), (prohibits
discrimination on the basis of race, color, national origin); and 49 CFR part 21. 
The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42
U.S.C.  4601), (prohibits unfair treatment of persons displaced or whose property has been
acquired because of Federal or Federal-aid programs and projects); 
Section 504 of the Rehabilitation Act of 1973, (29 U.S.C.  794 et seq.), as amended,
(prohibits discrimination on the basis of disability); and 49 CFR part 27; 
The Age Discrimination Act of 1975, as amended, (42 U.S.C.  6101 et seq.), (prohibits
discrimination on the basis of age); 
Airport and Airway Improvement Act of 1982, (49 USC  471, Section 47123), as amended,
(prohibits discrimination based on race, creed, color, national origin, or sex); 
The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and
applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975
and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms
"programs or activities" to include all of the programs or activities of the Federal-aid
recipients, sub-recipients and contractors, whether such programs or activities are Federally
funded or not); 
Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the
basis of disability in the operation of public entities, public and private transportation
systems, places of public accommodation, and certain testing entities (42 U.S.C.  12131  
12189) as implemented by Department of Transportation regulations at 49 CFR parts 37 and
38; 
The Federal Aviation Administration's Non-discrimination statute (49 U.S.C.  47123)
(prohibits discrimination on the basis of race, color, national origin, and sex); 
Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations, which ensures discrimination against minority
populations by discouraging programs, policies, and activities with disproportionately high
and adverse human health or environmental effects on minority and low-income populations; 
Executive Order 13166, Improving Access to Services for Persons with Limited English
Proficiency, and resulting agency guidance, national origin discrimination includes
discrimination because of limited English proficiency (LEP). To ensure compliance with
Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access
to your programs (70 Fed. Reg. at 74087 to 74100); 
Title IX of the Education Amendments of 1972, as amended, which prohibits you from
discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq.). 


Exhibit F  Page 1

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