Airport concessions programs sit at the intersection of real estate, labor, and public policy—and the contracts that govern them need to reflect that complexity. Kaplan Kirsch advises airports on structuring master concessionaire, developer, and hybrid concession models, as well as rental car agreements. From simple, direct leases to complex developer and fee manager agreements, our attorneys draft documents that protect airport interests while supporting successful, long-term commercial relationships.
Consolidated Rental Car (ConRAC) Facilities
We work with airports and local and state officials to develop funding sources for large-scale developments such as consolidated rental car (ConRAC) facilities, obtaining local and state authorization for the airport to levy customer facility charges (CFCs) to pay for some or all of such development. We have negotiated multiple rental car agreements supporting a variety of development models for new ConRACs, including traditional airport development and cutting-edge project delivery models.
Labor Agreements
Our experience with labor and employment matters gives us a unique insight into the operation of airport concessions programs. Airport concessions programs raise labor issues that don’t arise in ordinary commercial leasing—“labor harmony” or “labor peace” agreements, prevailing/living wage legislation, and on-airport union organizing activities among them. Kaplan Kirsch has negotiated resolutions to these issues, working with both local and national labor organizations. We also advise airports on the airport concession disadvantaged business entity (ACDBE), minority business enterprise (MBE), and woman business enterprise (WBE) program requirements that often intersect with concession agreements.
Food and Retail Concessions
Kaplan Kirsch counsels airports through every stage of a food and retail concessions program, from developing requests for proposals (RFPs) and evaluation criteria to drafting and negotiating the resulting concession agreements. We help airports structure lease and revenue terms—including percentage rent, minimum annual guarantees (MAG), and brand and operating standards—in ways that protect airport interests while remaining workable for concessionaires. Because in-terminal concessions programs often overlap with ACDBE participation goals, capital investment obligations, and labor requirements, our team helps airports coordinate these programs so contract terms, procurement processes, and compliance obligations support one another.