SAMPLE STANDARD CONTRACTPSORCONST CONCESSION …

1 SAMPLE STANDARD CONTRACTPSORCONST CONCESSION space agreement . between . THE CITY AND COUNTY OF DENVER. AND. COMPANYNAME. AT. DENVER INTERNATIONAL AIRPORT. REVISED 12-31-12. SAMPLE DIA STANDARD Specialty Retail CONCESSION space agreement Revised 12/31/12. SAMPLE STANDARD CONTRACTPSORCONST CONCESSION space agreement . DENVER INTERNATIONAL AIRPORT. SUMMARY PAGE. COMPANYNAME. This Summary Page, consisting of four (4) pages, is attached to and made a part of that certain agreement made and entered into as of the date stated on the signature page, between the City and County of Denver and the Concessionaire listed below.

2 CONCESSIONAIRE: Name companyName Address for Notices companyAddress City, State and Zip companyCityStateZip Contact companyContact Trade Name winnerDbaName State of Incorporation incorpState CONCESSION LOCATION AND COMPENSATION (INITIAL). Initial Concourse Square Monthly Minimum Investment Loca. Num. /Terminal Address Feet Guarantee PSF. locationNumber concessLocation- concessAddress $ $. PERCENTAGE COMPENSATION FEE: percentCompFee of Gross Revenues as defined in Page 1 of 4 pages SAMPLE DIA STANDARD Specialty Retail CONCESSION space agreement Revised 12/20/12.

3 With respect to specialty retail sales ____% of the first One Million Dollars ($1,000,000) in cumulative Gross Revenues derived from the sale of specialty merchandise and retail items during each calendar year of the Term;. ____% of all cumulative Gross Revenues derived from the sale of specialty retail merchandise and items in excess of One Million Dollars ($1,000,000) and less than Two Million Dollars ($2,000,000) during each calendar year of the Term;. ____% of all cumulative Gross Revenues derived from the sale of specialty retail merchandise and items in excess of Three Million Dollars ($3,000,000) during each calendar year of the Term.

4 PERFORMANCE SURETY AMOUNT: $ or as provided in Section MARKETING ASSESSMENT: of Gross Revenues as provided in STORAGE space LEASE: N/A. EFFECTIVE DATE: Date agreement is entered into as of the date stated on the signature page. EXPIRATION DATE: Last day of the month _____ years from the Required Opening Date or as modified by , , or Exhibit D. PERMITTED USE: Operation of a first-class CONTRACTPSORCONST CONCESSION at DIA, offering for sale the following approved specialty retail items and merchandise proposed by Concessionaire: itemsToBeSold, examples of which are listed in Exhibit E, Initial Approved Merchandise and Pricing List.

5 Express Restrictions: Unless otherwise authorized in writing by the Manager or the Manager's Authorized Representative, Concessionaire may not sell the following expressly restricted items: itemsToBeRestricted Page 2 of 4 pages SAMPLE DIA STANDARD Specialty Retail CONCESSION space agreement Revised 12/20/12. Major CONCESSION Category ContractRevType Minor CONCESSION Category RfpShortDesc Concessionaire's Brand(s) Brands HOURS OF OPERATION: rfpHoursofOp, Not less than sixteen (16). hours each day, seven (7) days per week, or as they may be adjusted pursuant to PRELIMINARY DESIGN DUE DATE: 30 calendar days from the Effective Date or as documented by Exhibit D.

6 NTP DOCUMENTS DEADLINE: 150 calendar days from the Effective Date or as documented by Exhibit D. TARGET POSSESSION DATE: 180 calendar days from the Effective Date or as documented by Exhibit D. REQUIRED OPENING DATE: 270 calendar days from the Effective Date or as documented by Exhibit D. RENT COMMENCEMENT DATE: 270 calendar days from the Effective Date or as provided by and documented by Exhibit D. REQUIRED MINIMUM INVESTMENT: $0 ( x $ ). RENOVATION MINIMUM INVESTMENT: _____ ($0). RENOVATION COMPLETION DATE(S): dateRenovationComp or As provided in and documented by Exhibit D.

7 INSURANCE POLICY AMOUNTS: See, Exhibit C. ACDBE GOAL: 0%. DESCRIPTION OF EXHIBITS AND ADDENDA: Exhibit A CONCESSION space Plan Exhibit B Disadvantaged Business Enterprise Participation Exhibit C Insurance Certificate Exhibit D Confirmation of Actual Dates and Term Exhibit E Initial Approved Merchandise and Pricing List Page 3 of 4 pages SAMPLE DIA STANDARD Specialty Retail CONCESSION space agreement Revised 12/20/12. Exhibit F Comparable Street Pricing Exhibit G ACDBE Commitment Form Exhibit H Absolute Unconditional Guaranty Exhibit I CONCESSION Revenue Monthly Report Form Exhibit J DIA Environmental Requirements Exhibit X Provisions for Design and Construction of Improvements Appendix 1 STANDARD Federal Assurances and Nondiscrimination Appendix 2 Disadvantaged Business Enterprises - Required Statements Page 4 of 4 pages SAMPLE DIA STANDARD Specialty Retail CONCESSION space agreement Revised 12/20/12.

8 Table of Contents SECTION 1 GENERAL .. 1. CONSIDERATION .. 1. INCORPORATION OF ATTACHED SUMMARY PAGE, EXHIBITS, AND. ADDENDA .. 1. SECTION 2 ADMINISTRATION OF 1. MANAGER; MANAGER'S AUTHORIZED REPRESENTATIVE .. 1. SECTION 3 GRANT OF CONCESSION RIGHTS .. 2. CONCESSION RIGHTS GRANTED .. 2. USE OF 2. RIGHTS NOT EXCLUSIVE .. 2. MEANS OF 2. CITY'S RIGHT OF ACCESS .. 3. SECTION 4 TERM .. 3. TERM .. 3. DELIVERY OF THE CONCESSION space .. 3. CONFIRMATION OF DATES .. 4. HOLDING 4. SECTION 5 COMPENSATION .. 5. COMPENSATION .. 5. GROSS REVENUES.

9 6. MONTHLY PAYMENTS AND REVENUE STATEMENTS .. 6. TITLE TO CITY'S COMPENSATION .. 7. INTEREST ON PAST DUE 8. PLACE AND MANNER OF PAYMENTS .. 8. i SAMPLE DIA STANDARD Specialty Retail CONCESSION space agreement Revised 12/20/12. APPLICATION OF PAYMENTS .. 8. BOOKS OF ACCOUNT AND AUDITING .. 8. REESTABLISHMENT OF RENTALS, FEES, AND CHARGES ..11. SECTION 6 DESIGN, CONSTRUCTION, AND INSTALLATION OBLIGATIONS ..11. ACCEPTANCE OF THE CONCESSION space ..11. CONSTRUCTION OBLIGATIONS OF CONCESSIONAIRE ..11. SECTION 7 - OPERATION AND USE.

10 13. OPERATING A FIRST CLASS BRANDS ..16. CREDIT CARDS AND DEBIT HOURS OF OPERATION ..16. CARE OF AREA ..17. SALES AND DIGNIFIED USE ..17. VENDING MACHINES ..17. MAINTENANCE OF A FIRST-CLASS CONCESSION space ..17. RENOVATION OF CONCESSION space ..19. TITLE TO IMPROVEMENTS ..20. SURRENDER OF CONCESSION space ..20. REMOVAL OF CONCESSIONAIRE'S EQUIPMENT ..20. DAMAGE CAUSED TO OTHER PROPERTY ..21. COMPLIANCE WITH ALL LAWS AND REGULATIONS ..21. COMPLIANCE WITH ENVIRONMENTAL REQUIREMENTS ..22. WASTE OR IMPAIRMENT OF VALUE ..22.