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REQUEST FOR PROPOSAL (RFP) TEMPLATE


RFP ATTACHMENT K

LEASE AND CONCESSION AGREEMENT DRAFT

64


SAN ANTONIO INTERNATIONAL AIRPORT
CONCESSION AGREEMENT


THIS CONCESSION AGREEMENT (Agreement) is made and entered into on _______________, 200_,
by and between the CITY OF SAN ANTONIO, a Texas municipal corporation, acting by and through its
Director of Aviation (Director), pursuant to Ordinance Number ________________ passed and
approved by the San Antonio City Council on _____________________, 200_ (City) and
________________, a ______________corporation, acting by and through its designated officers pursuant
to its by-laws or a resolution of its Board of Directors, whose address is stated below.(Concessionaire).

The City, as the owner/operator of San Antonio International Airport (Airport), does hereby lease unto
Concessionaire, and Concessionaire hereby leases from the City, the premises identified herein (Premises)
which is in and part of Terminal __ (Terminal) at the Airport. Exhibit A1 is a general site plan of the
Airport including the location of the Terminal. The Premises is known as Space No. ____ containing
approximately _____ square feet of Floor Area as shown on Exhibit A2.


Specialty Retail
Food & Beverage ( Food Court Location)
Service
In-Line

Wall-Shop
Kiosk


DATA SHEET
The following references furnish data to be incorporated in the specified sections of this Agreement and
shall be construed to incorporate all of the terms of the entire Section as set forth in this Agreement:

(1) Section 1.02: Commencement Date and Ending Date of Term:

Latest Rental Commencement Date: ______________.

Expiration Date of Term: _________________.

(2) Section 2.01: Minimum Annual Guaranteed Rent (Guaranteed Rent):

_______________________________Dollars ($___,_____.00) per Lease Year, payable in equal
consecutive monthly installments of _________________Dollars ($_,___.00); and

(3) Section
2.02:
Percentage
Rent (Percentage Rent):

_______________ percent (___%) of all Gross Receipts in excess of ____________________
Dollars ($___,___.00) per Lease Year (Annual Breakpoint), payable monthly sales in excess of
________________________ Dollars ($__,___.00) per Lease Month (Monthly Breakpoint); and

(4) Section 2.03: Storage Premises Rent: If available and Concessionaire leases Storage Premises,
Concessionaire shall pay to the City, as determined by the City from time to time, a Storage Premises
Rent calculated on a per square foot of Floor Area basis per Lease Year. The Storage Premises Rent
shall be payable in equal consecutive monthly installments as set forth in the separate Storage
Premises Lease.

(5)

Address for Rental Payments to the City: City of San Antonio, c/o Frost National Bank, P.O. Box
1958 San Antonio, TX 78297-1958. All payments shall be made payable to the City of San
Antonio.

(6) Section 7.01: Permitted Use: For the operation of a food and beverage concession providing for the
sale at retail of: ___________________________, and for no other use or purpose unless approved in
writing by the Aviation Director.

65


(7) Section 16.01: Trade Name: _____________________.

(8) Section 2.06: Additional Rent:

(a) Section 8.03: Trash Removal Charge: From and after the Rental Commencement Date,
Concessionaire shall pay its proportionate share of the Trash Removal Charge as provided in Section
8.03, which shall be charged on the basis of each square foot of Floor Area in the Premises on an
annual basis, payable in equal monthly installments, subject to adjustment.



(b)
Section 8.05: Food Court Maintenance Charge: From and after the Rental Commencement
Date, if the Premises are located within or reasonably adjacent to a food court within the Terminal(s),
Concessionaire shall pay its proportionate share of the Food Court Maintenance Charge as provided in
Section 8.05, which shall be charged on the basis of each square foot of Floor Area in the Premises on
an annual basis, payable in equal monthly installments, subject to adjustment.


(c)
Section 12.01: Utilities: From and after the Rental Commencement Date, Concessionaire shall
pay its proportionate share of certain utilities consumed in the Premises as provided in Section 12.01.


(d) Section 16.03: Concession Marketing Fund: Calculated on the basis of one percent (1%) of
Concessionaires Gross Receipts per month, payable monthly, subject to adjustment as described in
Section 16.03.

(9) Section 26.01: Performance Guarantee: As required by the City, an irrevocable standby letter of
credit or a surety bond in an amount not less that 50% of the average minimum annual guaranteed
rent specified in item (2) of the Data Sheet shall be delivered to the City as a payment and
performance guarantee. Such letter of credit must be in form and content as set forth in Exhibit G
and issued by a commercial banking institution acceptable to the City authorized to conduct business
in Texas, which is to be delivered to the City within ten (10) days following the Citys execution of
this Agreement and in all instances prior to delivery of the Premises to Concessionaire. The named
beneficiary shall be the City, permitting the City to draw thereon.

(10) Section 27.05: Legal Notice Addresses:


If to the City:

If to Concessionaire:

City of San Antonio
___________________________
9800
Airport
Blvd.


___________________________

San Antonio, Texas 78216
___________________________
Attention:
Aviation
Director

___________________________



With a copy to:


With a copy to:
Unison-Maximus

___________________________

San Antonio International Airport

___________________________
9700
Airport
Blvd.


___________________________

Terminal 2, Suite 246

___________________________

San Antonio, Texas 78216

Attention: General Manager






Concessionaires Billing Address:


_____________________________


_____________________________


_____________________________

(12) Disadvantaged Business Enterprises (DBE). If Concessionaire is applying as a DBE, please
check here ( ) and refer to Exhibit C. Concessionaire represents and warrants to the City that it
and/or its DBE participant does meet all standards of qualification as a DBE and will become certified
as a DBE by the South Central Texas Regional Certification Agency. In such event, the City shall not
execute this Agreement until Concessionaire has been completely certified as a DBE by such Agency
or, at the Citys option determined in its sole discretion, the City may execute this Agreement pending
66


Concessionaires DBE certification but the Director shall not allow Concessionaire to initially open
for business in the Premises until Concessionaire has been completely certified as a DBE by the South
Central Texas Regional Certification Agency. Concessionaire shall immediately take all steps
necessary to obtain such certification from the South Central Texas Regional Certification Agency as
soon as possible and in no event later than the Rental Commencement Date. If the DBE participant is
an individual or the individual is the sole owner of Concessionaire, the participating DBE percentage,
as so certified, shall not be less than one hundred percent (100%) at all times during the Term hereof.
If the DBE participant is a member/partner of a limited liability company/general partnership with
Concessionaire or joint venturer of a joint venture with Concessionaire, the participating DBE
percentage, as so certified, shall not be less than thirty-five percent (18.1%) at all times during the
Term hereof. Any change in the ownership structure involving the certified DBE participant must be
reported in writing to the City immediately and in no event later than 30 days following any such
change in DBE ownership status.

ARTICLE I. GRANT AND TERM

Section 1.01
CONDITIONS OF GRANT. The City has the right to make any modifications to the
Airport. Concessionaire acknowledges that the City may change the shape, size, location, number and extent
of the improvements generally shown on Exhibits A1 and A2 and eliminate or add any improvements to
any portion of the Terminal and the Airport at any time without Concessionaires consent. The City shall
have the right to locate, install, maintain, use, repair and replace pipes, utility lines, conduits, ducts, flues,
refrigerant lines, drains, sprinkler mains and valves, wires and wiring and structural elements leading
through the Premises serving the Premises or any other parts of