Exhibit 10
AMENDMENT NO. 13
TO
AIRLINE LEASE NO. AC-865
THIS AMENDMENT TO CONTRACT OF LEASE is made and entered into as of the
5th day of April, 1999, by and between MILWAUKEE COUNTY, a municipal
corporation, organized and existing as one of the counties in Wisconsin
(hereinafter referred to as "Lessor" or "County"), and MIDWEST EXPRESS AIRLINES,
INC., a corporation organized and existing under the laws of the State of
Wisconsin (hereinafter referred to as "Lessee" or "Airline").
W I T N E S S E T H:
THAT, WHEREAS, the parties hereto have heretofore entered into an
Airline Lease dated April 5, 1985, as amended, relating to space, occupancy and
the use of the premises and facilities of General Xxxxxxxx International Airport
(GMIA) for the transportation of persons and cargo by air; and
WHEREAS, Airline requests that Lessor assign approximately 15,000
square feet of additional space under gates X-00, X-00, X-00, X-00, and D-56
which Airline will improve at Airline's cost; and,
WHEREAS, Airline has requested to make improvements to other areas of
the terminal building currently under lease to Airline at Airline's cost which
changes the amount of space under lease to Airline; and,
WHEREAS, on May 22, 1998, (File No. 98-310) County's Board of
Supervisors approved amending Airline's Lease to include space under gates X-00,
X-00, X-00, X-00, and D-56;
WHEREAS, Airline has requested and County has consented to the
issuance of rental credits to reimburse Airline for the cost which County would
otherwise incur on behalf of the Airline to improve said approximately 15,000
square feet of lower level space;
NOW, THEREFORE, for and in consideration of the premises and of the
mutual covenants and agreements herein contained and other valuable
considerations, it is mutually agreed between the parties hereto that the
aforesaid agreement dated April 5, 1985, as amended, be and it is hereby further
amended in the following particulars, to wit:
1. In order to establish a base document which summarizes all space
occupied by Airline, Exhibit "P" Base Document 6/98, pages 1 through 14 is
attached hereto and made a part hereof, containing all space occupied by Airline
as of 6/98 and replaces all previous Exhibit "P" pages.
2. Effective on July 15, 1998, paragraph S of Article IV shall be
deleted in its entirety and a new paragraph S inserted therefore, reading as
follows:
"S. LESSEE'S EXCLUSIVE USE SPACE WITHIN THE TERMINAL BUILDING ON JULY
1, 1998
For purposes of calculation of Lessee's Terminal rents for those areas
designated for Lessee's exclusive use in the Terminal Building, the following
space definitions, relative cost factors, and resultant ERUs shall be utilized:
Relative
Space Function Sq. Ft. Cost Factor ERUs
-------------- ------- ----------- ----
Concourse Lower Level -0- .20 -0-
Office Unfinished
(Unheated)
Concourse Lower Level 5,262.50 .70 3,683.75
Office Finished
(Heated)
Concourse Lower Level 36,040.90 .85 30,634.77
Office Finished
(Heated & Air Conditioned)
Concourse Upper Level -0- .95 -0-
Office Unfinished
Concourse Upper Level 945.00 .95 897.75
Office Finished
Ticket Counter 661.70 1.10 727.87
Ticket County Office 1,307.40 .95 1,242.03
Gate Hold Rooms 29,518.00 1.00 29,518.00
Baggage Makeup Area 3,939.10 .75 2,954.33
Baggage Service Office 405.00 1.00 405.00
Hold Room Stairwell 2,625.44 .15 393.82
Basement 0 .25 0
Mezzanine Office Areas 0 .90 0
Operations Control tower 401.00 1.08 433.08
TOTALS 81,106.04 70,890.40
2
The spaces outlined above are those occupied by Lessee on July 15, 1998, which
deletes 191 square feet of Concourse Lower Level Office Unfinished (Unheated)
space, and includes an additional 1,157.50 square feet of Concourse Lower Level
Office finished (Heated) space, 8,197 square feet of Concourse Lower Level
Office finished (Heated and Air Conditioned) space, 112 square feet of Concourse
Upper level Office Finished space, 3,457 square feet of Gate Hold Room space,
and 550 feet of Hold Room Stairwell space, as shown on Exhibit "P", pages 6, 12,
13 and 14 of 14, Revised 7/15/98, attached hereto and made a part hereof."
3. Except as specifically provided herein, the terms and conditions of
the Lease heretofore entered into between the parties dated April 5, 1985, as
amended, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused these presents to
be signed by their respective proper officers and their corporate seals hereto
affixed on the dates hereinafter set forth.
COUNTY
Dated at Milwaukee, Wisconsin, this 5th day of April, 1999.
APPROVED: MILWAUKEE COUNTY
a municipal corporation
/s/ 3/31/99 By /s/ Xxxxxxx Xxxxxxxxx 4/2/99
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Airport Director Date Xxxxxxx Xxxxxxxxx
Acting Director of Public Works
/s/ 3/31/99 By /s/ Xxxx X. Xxxx 4/5/99
---------------------------------- -------------------------------
Corporation Counsel Date Xxxx X. Xxxx
County Clerk, Deputy
AIRLINE
Dated at Milwaukee, Wisconsin, this 23rd day of March, 1999.
MIDWEST EXPRESS AIRLINES, INC.
a Wisconsin corporation
By /s/ Xxxxxx X. Xxxxxxx
------------------------------
Xxxxxx X. Xxxxxxx
Title: Sr. Vice President
Date: March 23, 1999
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