Item 6c Concessions Intl Amendment

Draft: August 27, 2009 
THIRD AMENDMENT 
TO LEASE AND CONCESSION AGREEMENT 

THIS THIRD AMENDMENT TO LEASE AND CONCESSION AGREEMENT
(hereinafter referred to as the "Third Amendment") is made as of this ____ day of
September 2009, by and between the PORT OF SEATTLE, a Washington municipal
corporation as Lessor, (hereinafter referred to as "the Port"), and CONCESSIONS
INTERNATIONAL, LLC, a Georgia limited liability company, (hereinafter referred to as
"Lessee"). 
WHEREAS, the Port and Lessee entered into that certain Lease and Concession
Agreement dated November 19, 2003 for operation of certain retail concessions at the
Airport, which lease agreement was subsequently amended on March 30, 2009 and July
29, 2009 (as amended, "the Lease"); and 
WHEREAS, the Port and Lessee have further agreed to amend the Lease to cap
the mid-term investment required under the terms of the Lease; 
NOW, THEREFORE, in consideration of their mutual promises, the parties
hereto do hereby mutually agree as follows: 
1.     Cap on Mid-Term Reinvestment. Section 1 3.2 of the Lease is hereby
deleted in its entirety and replaced with the following: 
13.2   Lessee further agrees to upgrade and refurbish each discrete unit of the
Premises on or before the date set forth on Exhibit A hereto in a manner
acceptable to the Port in order to maintain an attractive and inviting
appearance to customers. Provided, however, Lessee shall not  under any
circumstances  be required to invest more than one hundred dollars
($100.00) per square foot, per unit for the upgrade and refurbishment of
the Premises. This per-square-foot cap on the amount of the mid-term
reinvestment shall specifically be applied on a concession unit-by-unit
basis (and not on the entire Premises), with the maximum investment for
any particular unit capped at $100/sf multiplied by the size (measured in
square feet) of the particular unit. Lessee shall submit to the Port a
schedule of refurbishment (in conformance with Article 19) before starting
any work, which shall include painting and repair attributable to ordinary
wear and tear, and replacement of furniture, trade fixtures and equipment. 
2.     Pass Through of Cap on Mid-Term Reinvestment. Consistent with
Section 1 of this Third Amendment, Lessee specifically agrees that it shall not require
any of its subtenants  notwithstanding the current language in any sublease agreement  

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Draft: August 27, 2009 
to spend more than one hundred dollars ($100.00) per square foot, per unit on the midterm
upgrade of any subleased unit. 
3.     Exhibits. Exhibit A is attached to this Third Amendment after th e
signatures and is expressly incorporated herein. 
4.     Other Terms Unaffected. Except as expressly set forth in this Third
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. 
CONCESSIONS INTERNATIONAL, LLC    PORT OF SEATTLE 
A Georgia limited liability company          A Washington municipal corporation 
By:                                By: 
Its:                                            Its: 












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Draft: August 27, 2009 
(ACKNOWLEDGMENT FOR LESSEE) 
STATE OF ___________________ ) 
) ss. 
COUNTY OF _________________ ) 
On this _______ day of September 2009, before me, personally appeared
____________________________________________________ to me known to be the
______________________________ of CONCESSIONS INTERNATIONAL, LLC, a
Georgia limited liability company, 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 2009, before me, personally appeared
_____________________________________________________ to me known to be the
______________________________________ of the PORT OF SEATTLE, a 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: August 27, 2009 

EXHIBIT A 

Refurbishment Schedule 

Renovation Date (on or before
Opening Date          the date noted) 
CONCOURSE "D" 
Seattle's Best Coffee                  March 15, 2005                 March 15, 2011 
Burger King                       January 8, 2009           January 8, 2015 
North Satellite 
Bigfoot                            June 11, 2008                  June 11, 2014 
South Satellite 
KOBO                    December 14, 2007            December 14, 2013 
Burger King                       March 16, 2008            March 16, 2014 
Seattle's Best Coffee                December 12, 2007         December 12, 2013 
South Esplanade 
Seattle's Best Coffee                December 18, 2005                December 18, 2011 

Notwithstanding anything to the contrary in the above schedule, in the event that any
particular unit is an Affected Unit, as that term is defined in the Second Amendment to
Lease and Concession Agreement dated July 29, 2009 ("the Second Amendment"), the
applicable deadline for such Affected Unit shall automatically be extended until a date
one hundred eighty (180) days following the particular Relief Termination Date, as that
term is defined in the Second Amendment, for such Affected Unit. 







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