SAMPLE STANDARD CONCESSION AGREEMENT BETWEEN
SAMPLE STANDARD CONCESSION AGREEMENT 2011-11-22SAMPLE STANDARD CONCESSION AGREEMENTBETWEENCITY AND COUNTY OF DENVERANDCOMPANYNAMEATDENVER INTERNATIONAL AIRPORTRevised 11/21/2011contractRevType Concession Agreement11/2011
SAMPLE STANDARD CONCESSION AGREEMENTDENVER INTERNATIONAL AIRPORTSUMMARY PAGECOMPANYNAMEThis Summary Page, consisting of three pages, is attached to and made a part of thatcertain Agreement dated , 2011, between the City andCounty of Denver and the Concessionaire listed below.CONCESSIONAIRE: NameAddress for NoticeCity, State and ZipContactTrade NameState of SSION LOCATION and RENT (Initial)LMinioca.ConNum course./Terminallconceocati ssLocation- sonNumbermumSqInitialInitial InvestmentAddressuare Feet MAGMonthly MAG PSFconcessAddres PERCENTAGE RENT:percentCompFeeof Gross Revenues as defined in Section5.02INTERIM RENT AMOUNT:PERFORMANCE SURETYAMOUNT:MARKETING ASSESMENT:STORAGE SPACE LEASE:TERM: 0.00 (based on projected annual sales) 0.00 or as provided in Section 9.031.00% of Gross Revenues as provided inSection 13.01N/Aterm years from the Required Openingdate as documented by Exhibit DEffective Date:Page 1 of 3Date of ExecutionInitialed by ConcessionairecompanyNamecontractRevType Concession Agreement11/2011
years from the Required Opening Date,which isunless modified by Section 6.12 anddocumented by Exhibit DExpiration Date:PERMITTED USE:Operation of a high-quality Error!Reference source not found. concession at DIA,offering for sale the following Products:itemsToBeSold and as approved by the City andApproved Product or Services List attached heretoas Exhibit E.Major Concession CategorycontractRevTypeMinor Concession CategoryrfpShortDescBrand(s)brandsApproved Product ListSee Approved Product List attached heretoas Exhibit E.Express Restrictions:HOURS OF OPERATION:rfpHoursofOp, Not less than 16 hours eachday, seven days per week, or as as they may beadjusted pursuant to Section 7.07TARGET POSSESSION DATE:Estimated to beIf different, then dateof actual possession to be documented in ExhibitD.REQUIRED OPENING DATE:unless modified by Section 6.12 anddocumented by Exhibit DRENT COMMENCEMENT DATEunless modified by Section 6.12 anddocumented by Exhibit D1REQUIREDINVESTMENT:MINIMUMMID TERM REFURBISHMENTMINIMUM INVESTMENT:Page 2 of 3 0 (s.f. x )If applicable, as provided in Section 6.14,Refurbishment Minimum Investment to bemutually agreed upon by the parties and to includeall necessary life/safety and health codeupgrades.The Refurbishment MinimumInvestment shall be 20% of the Required MinimumInvestment (including equipment) or 0 in whichcase, a minimum of 75% shall be aestheticrefurbishment.Initialed by ConcessionairecompanyName, contractRevType Concession Agreement11/2011
REFURBISHMENT COMPLETIONDATE:INSURANCE POLICY AMOUNTS:Comprehensive General Liability:Automobile/Delivery VehicleLiability:Workers Compensation:Alcohol Liability:ACDBE GOAL:dateRenovationComp or as modified bySection 6.12 and documented by Exhibit DSee Exhibit CSee Exhibit CStatutory requirementsIf applicable, see Exhibit Cn/aDESCRIPTION OF EXHIBITS AND ADDENDA:Exhibit AConcession Space PlanExhibit BDisadvantaged Business Enterprise ParticipationExhibit CInsurance CertificateExhibit DConfirmation LetterExhibit D1Letter Confirming Actual Dates of Certain EventsExhibit EApprovedExhibit HStreet Pricing ComparablesExhibit IIndependent Auditor’s ReportExhibit JIndependent Accountant's Report on Applying AgreedUpon ProceduresExhibit KAbsolute Unconditional Personal / Corporate GuarantyExhibit NDIA Environmental RequirementsExhibit ppendix 1Appendix 2Appendix 3Appendix 10Standard Federal AssurancesStandard Federal Assurances, NondiscriminationNondiscrimination in Airport Employment OpportunitiesDisadvantaged Business Enterprises – RequiredStatementsPage 2 of 3Initialed by ConcessionairecompanyName, contractRevType Concession Agreement11/2011
SAMPLE STANDARD CONCESSION AGREEMENTDENVER INTERNATIONAL AIRPORTCONSTRUCTION SUMMARY PAGECOMPANYNAMEThis Construction Summary Page, consisting of one page, is attached to and made apart of that certain Agreement dated , 2011 between the City and County ofDenver and the Concessionaire named below.CONCESSIONAIRE:Name:Trade Name:Address:City, State and tyStateZipDESIGN AND CONSTRUCTION DEADLINE:CONSTRUCTION PERFORMANCE ANDPAYMENT BOND AMOUNTS:CONSTRUCTION INSURANCEPOLICY AMOUNTS:Builder’s Risk:Minimum Commercial General Liability:Combined Single Limit:General Aggregate:Business Auto Liability:Combined Single Limit:Workers Compensation:SBE DESIGN AND CONSTRUCTION GOALS:Page 1 of 1ordays from actualpossession per Section 6.02 or ifmodified by Section 6.12, then asdocumented in Exhibit D100%contract priceofconstruction100%contract priceofconstruction 1,000,000 2,000,000 1,000,000Statutory requirements 0 30,000 0% 30,000 - 90,000 3% 90,000 150,000 5% 150,000 GoalsCommitteeInitialed by ConcessionairecontractRevType Concession Agreement11/2011
Table of ContentsSECTION 1 – GENERAL . 11.011.02CONSIDERATION . 1INCORPORATION OF ATTACHED SUMMARY PAGE, EXHIBITS AND ADDENDA . 1SECTION 2 – DEFINITIONS. .AIRPORT . 2AIRPORT MASTER PLAN . 2APPROVED MENU . 2AUDITOR . 2BRAND . 2CONCESSION SPACE . 2CONCESSIONAIRE'S EQUIPMENT . 3CONCESSIONAIRE’S PROPOSAL . 3CONCOURSES. 3DIA DESIGN STANDARDS. 3DIA ENVIRONMENTAL GUIDELINES . 3DIA TENANT DEVELOPMENT GUIDELINES . 3EFFECTIVE DATE . 3EXHIBITS A, D, D1, E, H AND L . 3EXPIRATION DATE . 4GUARANTOR . 4GROSS REVENUE . 4IMPROVEMENTS . 4INTERIM RENT . 4MANAGER . 4MANAGER’S AUTHORIZED REPRESENTATIVE . 4OPEN FOR BUSINESS . 5PAST DUE INTEREST RATE. 5POSSESSION DATE . 5RENT COMMENCEMENT DATE . 5REQUIRED OPENING DATE . 5TARGET POSSESSION DATE . 5TERMINAL . 5TERMINAL COMPLEX . 6VIBRANT FIRST-CLASS . 6SECTION 3 – GRANT OF CONCESSION RIGHTS. 63.01.3.02.3.03.3.04.3.05.CONCESSION RIGHTS GRANTED . 6USE OF CONCESSION SPACE . 6RIGHTS NOT EXCLUSIVE . 7MEANS OF ACCESS . 8CITY’S RIGHT OF INSPECTION; ACCESS . 8SECTION 4 – TERM . 94.01.TERM . 9icontractRevType Concession Agreement11/2011
4.02.4.03.SURRENDER OF CONCESSION SPACE . 9HOLDING OVER . 9SECTION 5 – RENT .105.01.RENT .105.02.GROSS REVENUES .105.03.MONTHLY REVENUE STATEMENTS AND PAYMENTS .115.04.TITLE TO CITY’S COMPENSATION.135.05.INTEREST ON PAST DUE AMOUNTS .135.06.PLACE AND MANNER OF PAYMENTS .135.07.APPLICATION OF PAYMENTS .145.08.BOOKS OF ACCOUNT AND AUDITING .145.09.RECOVERY OF CITY EXPENSE TO FULFILL CONCESSIONAIRE’SOBLIGATIONS .175.10.REMEDIES NON-EXCLUSIVE .185.11.REESTABLISHMENT OF RENTALS, FEES AND CHARGES .18SECTION 6 – CONSTRUCTION RESPONSIBILITIES OF CONCESSIONAIRE 10.6.11.6.12.6.13.6.14.6.15.6.16.“AS IS” CONDITION OF CONCESSION SPACE.18TIME TO COMPLETE DESIGN AND CONSTRUCTION .19APPROVAL OF PLANS AND SPECIFICATIONS FOR NEW SPACE .19FINAL PLANS .20NOTICE TO PROCEED.20CONSTRUCTION OF INITIAL IMPROVEMENTS .21CONSTRUCTION STANDARDS .21REQUIRED MINIMUM INVESTMENT .22COORDINATION OF CONSTRUCTION .22ENVIRONMENTAL REQUIREMENTS FOR CONSTRUCTION .22BUILDING PERMITS .23COMPLETION OF CONSTRUCTION .23RESTRICTION ON CHANGES AND ALTERATIONS .24REFURBISHMENT OF CONCESSION SPACE .25TITLE TO IMPROVEMENTS .27DUTIES UPON SURRENDER .27SECTION 7 – CONCESSIONAIRE’S OPERATING OBLIGATIONS 10.7.11.7.12.7.13.FIRST CLASS CONCESSION .28PRICING .28MENU CHANGES .30CREDIT CARDS AND DEBIT CARDS .30MANAGEMENT, SERVICE EMPLOYEE AND OPERATIONAL STANDARDS .31DELIVERIES .32HOURS .32SIGNS, WINDOW DISPLAYS AND ADVERTISING .33VENDING MACHINES .34COMPLIANCE WITH ALL LAWS AND REGULATIONS.34COMPLIANCE WITH ENVIRONMENTAL REGULATIONS .35WASTE OR IMPAIRMENT OF VALUE .36HAZARDOUS USE .36ivcompanyName, contractRevType Concession Agreement11/2011
7.14.7.15.7.16.7.17.7.18.7.19.7.20.WASTE DISPOSAL AND RECYCLING .37SANITATION, HYGIENE AND CLEANLINESS.38MAINTENANCE OF CONCESSION SPACE BY CONCESSIONAIRE .39STRUCTURAL, ELECTRICAL OR SYSTEM OVERLOADING .40NOISE, ODORS, VIBRATIONS AND ANNOYANCES .41ACCESS TO FACILITY AND SYSTEMS .41QUALITY ASSURANCE .41SECTION 8 – UTILITIES AND SERVICES ES .42HEATING AND AIR CONDITIONING (HVAC) .42WATER SERVICE .42ELECTRICITY AND NATURAL GAS .43LIGHTING .43WINDOW WASHING AND STRUCTURAL MAINTENANCE .43COMMON USE SERVICES .43INTERRUPTION OF SERVICES .43SECTION 9 – INDEMNITY, INSURANCE AND GUARANTEES .449.01.9.02.9.03.9.04.9.05.INDEMNITY .44INSURANCE .44PERFORMANCE SURETY .46NO PERSONAL LIABILITY.49LICENSES, FEES, TAXES AND LIENS .49SECTION 10 –NON-COMPLIANCE AND VIOLATIONS .5010.01.10.02.NONCOMPLIANCE .50CUMULATIVE OR CONTINUOUS VIOLATIONS .50SECTION 11 –DEFAULT, REMEDIES AND TERMINATION .5211.01.11.02.11.03.11.04.11.05.DEFAULT .52REMEDIES .54REMEDIES CUMULATIVE.56ADMINISTRATIVE HEARING .56WAIVERS .56SECTION 12 – DAMAGE, DESTRUCTION OR LOSS .5612.01.12.02.12.03.12.04.12.05.DAMAGE TO OR DESTRUCTION OF CONCESSION SPACE .56COOPERATION IN THE EVENT OF LOSS .57LOSS OR DAMAGE TO PROPERTY .57MUTUAL WAIVER; INSURANCE COVERAGE .57RELEASE .58SECTION 13 – PROMOTIONAL PROGRAM .5813.01.13.02.JOINT MARKETING FUND .58PREMIUM VALUE CONCESSIONS PROGRAM .59SECTION 14 – MISCELLANEOUS PROVISIONS .5914.01.AGREEMENT BINDING UPON SUCCESSORS .59ivcompanyName, contractRevType Concession Agreement11/2011
.35.14.36.AGREEMENT MADE IN COLORADO; VENUE .60AGREEMENTS WITH THE UNITED STATES .60RIGHT TO DEVELOP AIRPORT .60AGREEMENT SUBJECT TO AVIATION PRIORITY .60MODIFICATIONS REQUIRED BY FAA .60ASSIGNMENT AND SUBLEASE .61BOND ORDINANCES .61FORCE MAJEURE .61INCONVENIENCES DURING CONSTRUCTION .62MASTER PLAN.62FUTURE CONCESSIONS PLANNING .62NONDISCRIMINATION .62NOT PARTNERSHIP .62NOTICES .63PARAGRAPH HEADINGS .63PATENTS AND TRADEMARKS .63COLORADO OPEN RECORDS ACT .63SECURITY .64SEVERABILITY .65AUTHORITY TO ENTER INTO AGREEMENT: .65NO CONSTRUCTION AGAINST DRAFTING PARTY: .65THIRD PARTIES .65USE, POSSESSION OR SALE OF ALCOHOL OR DRUGS .66CITY SMOKING POLICY .66WAIVER OF CLAIMS .66INTERPRETATION OF AGREEMENT .66NUMBER OR GENDER .66JOINT AND SEVERAL LIABILITY .67BROKER'S COMMISSION .67NO LIMIT ON CITY'S POWERS .67WAR OR NATIONAL EMERGENCY .67SURVIVAL OF CERTAIN CONTRACT PROVISIONS .67AGREEMENT AS COMPLETE INTEGRATION; AMENDMENTS .67FINAL APPROVAL; COUNTERPARTS .68ELECTRONIC SIGNATURES AND ELECTRONIC RECORDS .68ivcompanyName, contractRevType Concession Agreement11/2011
STANDARD AGREEMENTTHIS STANDARD AGREEMENT (“Agreement”) is made and entered into as of the datestated on the signature page (“Effective Date”), by and between the CITY AND COUNTY OFDENVER, a municipal corporation of the State of Colorado, for and on behalf of its Departmentof Aviation (the “City”), Party of the First Part, and COMPANYNAME, incorp2(“Concessionaire”), d/b/a winnerDbaName, Party of the Second Part.RECITALSWHEREAS, the City owns, operates and maintains Denver International Airport; andWHEREAS, the City operates a concession program at the Airport which is envisionedto be among the best in the world offering value, excitement and a wide range of culinary andretail experiences and services that evoke a strong sense of place reflecting the best of Denver,Colorado and the Rocky Mountain West; andWHEREAS, in that spirit, Concessionaire agrees to create and maintain a vibrant firstclass concession at the Airport by providing value and great customer service (prompt, clean,courteous and efficient) in everything it does; by creating an engaging environment designed toentice and excite consumers, by offering quality food and beverages, retail merchandise and/orservices in the branded environment agreed to by the Parties, and by keeping its concessionprogram fresh and dynamic thereby maximizing its revenue potential; andWHEREAS, acting pursuant to a competitive solicitation process in whichConcessionaire was recommended to operate in the Concession Space, the City negotiated thisAgreement with Concessionaire for a food and beverage concession at the Airport to beoperated in accordance with the terms, conditions and requirements of this Agreement; andWHEREAS, the premises set forth in these recitals are hereby made a part of thisAgreement;NOW THEREFORE, for good and valuable consideration the sufficiency of which herebyis acknowledged, the City and Concessionaire (collectively, the “Parties”) intending to be legallybound by the terms and conditions of this Agreement, agree as follows:SECTION 1 – GENERAL1.01CONSIDERATIONThe City enters into this Agreement for and in consideration of the payment ofcompensation by Concessionaire as herein provided, the construction of all Improvements byConcessionaire as herein provided, the Brand Concessionaire is authorized to operate atDenver International Airport and the performance and observance by Concessionaire of theterms, conditions, requirements, covenants and agreements set forth herein.1.02ADDENDAINCORPORATION OF ATTACHED SUMMARY PAGE, EXHIBITS ANDThe Summary Page attached to this Agreement, the Exhibits and Addenda attached toand referred to in this Agreement as described on the Summary Page and all general rules andregulations adopted by the City or the Manager for the management, operation and control ofthe Airport, either promulgated by the City on its own initiative or in compliance with regulationsor actions of the Federal Aviation Administration or other authorized federal agency, as theymay be amended from time to time, are intended to be, and hereby are, deemed incorporatedinto this Agreement by this reference.1contractRevType Concession Agreement11/2011
SECTION 2 – DEFINITIONSIn addition to other terms, which are defined elsewhere in this Agreement or anyExhibits, the terms defined in the following subsections of this Section 2 shall have the meaning,set forth in such subsection whenever used in this Agreement.2.01.AIRPORT“Airport” or “DIA” shall mean Denver International Airport.2.02.AIRPORT MASTER PLAN"Airport Master Plan” or “Master Plan” shall mean the approved master plan fordevelopment of Denver International Airport.2.03.APPROVED MENU“Approved Menu” shall mean the City-approved food and beverage menu attachedhereto as Exhibit E.2.04.AUDITOR“Auditor” shall mean the City’s Auditor and the Auditor’s authorized representative.2.05.BRAND“Brand” shall mean the local, regional or national brand or brands, described on theSummary Page that was proposed by Concessionaire and accepted by the City as a materialpart of the consideration to the City for this Agreement. “Brand” shall include items set forth onExhibit E, as it may be modified pursuant to Section 7.03. “Brand” shall include the pluralwhere the context requires.2.06.CONCESSION SPACE“Concession Space” shall mean the space and facilities shown and described on theConcession Space Plan attached hereto as Exhibit A, located within the Terminal and/or theConcourses and containing the number of square feet set forth on the Summary Page."Concession Space" shall include the plural where applicable. The City and Concessionaireacknowledge and agree that the dimensions of the Concession Space as set forth in Exhibit Aand the Summary Page are approximate and that, following the completion of construction, theprecise dimensions and square footage shall be determined by the Manager and a revision tothe Summary Page and Exhibit A will be made, if necessary, depicting the dimensions andsquare footage of the Concession Space as actually constructed. The Manager may add orsubtract square footage of up to 10% of the Concession Space (without a correspondingadjustment to the MAG) with the prior written consent of the Concessionaire. Each of theseactions may be taken without the requirement of a formal amendment to this Agreement.2.07.CONCESSIONAIRE'S EQUIPMENT"Concessionaire's Equipment" shall mean all equipment, apparatus, machinery, signs,furnishings, trade fixtures and other non-affixed personal property installed by Concessionaireand used in the operation of the business of Concessionaire (as distinguished from the use andoperation of the Concession Space.)2.08.CONCESSIONAIRE’S PROPOSAL“Concessionaire’s Proposal” shall mean the proposal as finally submitted byConcessionaire and accepted by City consisting of Concessionaire's plans for its design,2companyName, contractRevType Concession Agreement11/2011
Concessionaire’s proposed brand, menu of food and beverage items Concessionaire proposesto sell at the Airport, pricing plans, and Concessionaire’s entire plan of operation.2.09.CONCOURSES“Concourses” shall mean Concourses A, B and C located at the Airport but specificallyexcepts the Terminal as herein defined.2.10.DIA DESIGN STANDARDS“DIA Design Standards” shall mean the design standards and criteria established forDenver International Airport as such standards and criteria may be established or modified fromtime to time.2.11.DIA ENVIRONMENTAL GUIDELINES"DIA Environmental Guidelines" shall mean those portions of the environmentalstandards and criteria established for non-aviation tenant development and opera
Exhibit B Disadvantaged Business Enterprise Participation Exhibit C Insurance Certificate Exhibit D Confirmation Letter Exhibit D1 Letter Confirming Actual Dates of Certain Events Exhibit E Approved Exhibit H Street Pricing Comparables Exhibit I Independent Auditor’s Report Exhi
10.5 Evaluation of Price Bid and Award 56 11 Notification of award 57 12 Performance Security (PS)/Security Deposit(SD) 57 13 Signing of Concession Agreement 58 13.2 Expenses for the Concession Agreement 59 13.3 Annulment of Award 59 13.4 Failure to abide by the Concession Agreement 59 14 Contacts during Bid Evaluation 59
FOOD & BEVERAGE CONCESSION THIS Agreement (hereinafter "AGREEMENT") is made and entered into this _ day of _ , 201_, by and between the CITY OF LOS ANGELES, a municipal corporation acting by and through its Department of Recreation and Parks (hereinafter referred to as "CITY"), and
In IFRIC 12 Service Concession Arrangements – A pocket practical guide, you will fi nd an analysis of the requirements of IFRIC 12 and practical guidance with examples that address some of the more complex issues around service concession arrangements. This Guide provides guidance on scope, the determination of the accounting model, specifi c characteristics of concessions that are common .
Nobleton, King City, and Ansnorveldt. The community of Schomberg is generally bounded by Highway 9 to the north, 8th Concession to the east, Lloydtown/Aurora Road to the south and 10th Concession in the west. The community of Nobleton is generally bounded by 15th Sideroad to the north, 8th Concession to the east, King-Vaughan Road to the south .
Missouri State Archives Page 4 of 67 Finding Aid 951.2 or Carlos Dehault Delassus. The date of the document given here is the concession date and not the petition date. Sometimes the petition and concession are in different languages (e.g., petition in French and concession in Spanish) but all are in one of the two languages unless it is a
pools. Each pool has a concession stand that sells candy. Each concession stand is staffed with two workers. To be eligible for volume discounts, the Parks and Recreation Department orders the candy for all three pools. Sandy Wells is responsible for ordering the concession stand goodies. Sandy uses a
Commissioners (the "Board"), andTHE HERTZ CORPORATION, a Delaware corporation ("Concessionaire," and collectively with the City, the "Parties") and is effective as of March 1, 2015. RECITALS WHEREAS, City and Concessionaire entered into a Co-Exclusive Concession Agreement for the operation of an on-airport rental car
VENDING CONCESSION AGREEMENT TERM SHEET TENANT INFORMATION 1. Legal Name(s): 2. Contact Name: Contact Phone: Address: Fax Number: E-mail Address: BASIC TERMS 3. Term: 5 Years 4. Date of Commencement: June 1, 2018 5. Rent: _ % of Annual Gross Revenue 6.
