FIRST AMENDMENT TO
LEASE AND CONCESSION AGREEMENT
FOR DUTY FREE CONCESSIONS
THIS FIRST AMENDMENT TO LEASE AND CONCESSION AGREEMENT (hereinafter
referred to as “Amendment”) is made as of this _____ day of July, 2009, by and between the
PORT OF SEATTLE, a Washington municipal corporation as Lessor, (hereinafter referred to as
“the Port”), and HOST INTERNATIONAL, INC., a Delaware corporation, (hereinafter referred
to as “Lessee”).
W I T N E S S E T H
WHEREAS, the parties executed a Lease and Concession Agreement dated July 14, 2003 (“the
Lease”) granting Lessee the right to operate a duty free concession at the Airport; and
WHEREAS, the parties now wish to extend the term of the Lease for one year and make other
revisions to the rent structure during that additional year;
NOW, THEREFORE, in consideration of their mutual promises, the parties hereto do hereby
mutually agree as follows:
1. Definitions. All capitalized terms that are not expressly defined in this Amendment shall
have the same meaning set forth in the Lease.
2. Revised Term. The term of the Lease is, unless earlier terminated pursuant to any
provision of this Lease, hereby extended until December 31, 2010.
3. Revised Rent. The Rent set forth in the Lease is hereby revised as follows:
3.1 Minimum Annual Guarantee. Nothwithstanding anything to the contrary in
Section 4.1.2 of the Lease, for the sixth (6
th
) Agreement Year (i.e. January 1, 2010
December 31, 2010), the Minimum Annual Guarantee shall be an amount equal to eighty
percent (80%) of the total amount (whether by Minimum Annual Guarantee or
Percentage Fees) paid by Lessee to the Port for the previous Agreement Year.
3.2 Percentage Fees. Notwithstanding anything to the contract in Section 4.2 of the
Lease, for the sixth (6
th
) Agreement Year (i.e. January 1, 2010 December 31, 2010), the
schedule for the Percentage Fees shall be as follows:
Concession Category Percentage of Gross Receipts
A. Duty Free and Tax Paid
1. For Gross Receipts less than or equal to
Lessee’s annual Gross Receipts from Duty
Free and Tax Paid for the 5
th
Agreement Year
(i.e. January 1, 2009 December 31, 2009) .................. 18%
2. For Gross Receipts more than Lessee’s
annual Gross Receipts from Duty Free and
Tax Paid for the 5
th
Agreement Year
(i.e. January 1, 2009 December 31, 2009) .................. 20%
B. Advertising and All Others ................................................... 15%
4. Delete Paragraph 46. Paragraph 46 of the Lease (entitled “Labor Harmony”) is hereby
deleted in its entirety.
5. No Other Changes. Except as expressly amended in this Amendment, all other
provisions of the Lease 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.
HOST INTERNATIONAL, INC. PORT OF SEATTLE
A Delaware corporation A municipal corporation
By: By:
Its: Its:
(ACKNOWLEDGMENT FOR LESSEE)
STATE OF ___________________ )
) ss.
COUNTY OF _________________ )
On this _______ day of July, 2009, before me, personally appeared
____________________________________________________ to me known to be the
______________________________ of HOST INTERNATIONAL, INC., a Delaware
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 July, 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: