AMENDMENT NO. 14
TO
AIRLINE LEASE NO. AC-865
THIS AMENDMENT TO CONTRACT OF LEASE is made and entered into as of the 15th
day of June, 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 accept surrender of the commitment
for Gates D-37, 52, 54, 55 and 56 and associated areas for reassignment to
Astral Aviation, Inc.; and,
WHEREAS, Airline requests that Lessor accept surrender of the commitment
for Gate D-42 and associated areas from Astral Aviation, Inc., for reassignment
to Airline; and,
WHEREAS, on April 22, 1999, (File No. 99-201) County's board of Supervisors
approved amending Airline's Lease to delete Gates D-37, 52, 54, 55 and 56 and
associated areas for reassignment to Astral Aviation, Inc., and add Gate D-42
and associated areas;
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. Effective on May 1, 1999, 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 MAY 1,
1999
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 Cost
Space Function Sq. Ft. Factor ERUs
-------------- ------- ------------- ----
Concourse Lower Level -0- .20 -0-
Office Unfinished
(Unheated)
Concourse Lower Level 4,588.50 .70 3,211.95
Office Unfinished
(Heated)
Concourse Lower Level 30,460.90 .85 25,891.77
Office Finished
(Heated & Air Conditioned)
Concourse Upper Level -0- .95 -0-
Office Finished
Concourse Upper Level 833.00 .95 791.35
Office Finished
Ticket Counter 661.70 1.10 727.87
Ticket Counter Office 1,307.40 .95 1,242.03
Gate Hold Rooms 19,692.00 1.00 19,692.00
Baggage Makeup Area 3,939.10 .75 2,954.33
Baggage Service Office 405.00 1.00 405.00
2
Hold Room Stairwell 1,796.44 .15 269.47
Basement 0 .25 0
Mezzanine Office Areas 0 .90 0
Operations Control Tower 401.00 1.08 433.08
TOTALS 64,085.04 55,618.84
The spaces outlined above are those occupied by Lessee on May 1, 1999,
which deletes: 674 square feet of Concourse Lower Level Office
Unfinished (Heated) space; 5,580 square feet of Concourse Lower Level
Office Finished (Heated and Air Conditioned) space; 112 square feet of
Concourse Upper Level Office Finished space; deletes 11,386 square
feet of Gate Hold Room space and adds 1,560 square feet of Gate Hold
room space at Gate D-42; and, deletes 935 feet of Hold Room Stairwell
space and adds 106 feet of Hold Room space at Gate D-42, as shown on
Exhibit "P", pages 5, 9, 13 and 14 of 14, Revised 5/98, attached
hereto and made a part hereof."
2. Effective May 1, 1999, the areas referred to in Article IV, paragraph I,
will be further amended to delete approximately 369 linear feet of ramp
areas associated with the gates 52, 54, 55, and 56 on Concourse D and 129
square linear feet of ramp associated with Gate 37, and add approximately
115 linear feet associated with Gate D-42, as shown on Exhibit "J", PAGE 1
OF 1, Dated "REV. 5/99."
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.
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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 15th day of June, 1999.
APPROVED: MILWAUKEE COUNTY
a municipal corporation
/s/ X. Xxxxx Batzman 6/7/99 By:/s/ Xxxxxxx Xxxxxxxxx 6/14/99
-------------------------------------- ------------------------------
Airport Director Date Xxxxxxx Xxxxxxxxx
Director of Public Works
/s/ Xxxxxx Hunseck 6/9/99 By:/s/ Xxxx Xxxx 6/15/99
-------------------------------------- ------------------------------
Corporation Counsel Date Xxxx Xxxx
County Clerk
AIRLINE
-------
Dated at Milwaukee, Wisconsin, this 28th day of May, 1999.
MIDWEST EXPRESS AIRLINES, INC.
a Wisconsin corporation
By:/s/ Xxxxxx X. Xxxxxxx
------------------------------
Xxxxxx X. Xxxxxxx
Title: Sr. Vice President
Date: May 28, 1999
By________________________________
Title_____________________________
Date______________________________
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