AMENDMENT NO. 10
TO
AIRLINE LEASE NO. AC-865
THIS AMENDMENT TO CONTRACT OF LEASE is made and entered into as of
the day of August 18, 1997, 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 or Lease dated April 5, 1985, as amended, relating to space,
use and occupancy of the premises and facilities of General Xxxxxxxx
International Airport for the transportation of persons and cargo by air;
and
WHEREAS, Airline requests that Lessor assign four (4) gate hold
rooms, two (2) hold room stairwells, and 364 linear feet of ramp
associated with the four (4) gates located on Concourse D; and,
WHEREAS, County's Board of Supervisors in its meeting of September
25, 1997, approved amending Airline's Lease to add the four (4) gate hold
rooms, the hold room stairwells, and the linear feet of ramp associated
with the gate hold rooms located on Concourse D; and,
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 July 1, 1997, 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, 1997
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 191.00 .20 38.20
Office Unfinished
(Unheated)
Concourse Lower Level 3,158.00 .70 2,210.60
Office Finished
(Heated)
Concourse Lower Level 21,410.90 .85 18,199.27
Office Finished
(Heated & Air
Conditioned)
Concourse Upper Level 0 .95 0
Office Unfinished
Concourse Upper Level 1,866.45 .95 1,773.13
Office Finished
Ticket Counter 661.70 1.10 727.87
Ticket Counter Office 1,307.40 .95 1,242.03
Gate Hold Rooms 24,698.00 1.00 24,698.00
Baggage Makeup Area 3,939.10 .75 2,954.33
Baggage Service Office 304.90 1.00 304.90
Hold Room Stairwell 1,966.44 .15 294.97
Basement 0 .25 0
Mezzanine Office Areas 0 .90 0
Operations Control Tower 401.00 1.08 433.08
--------- --------
TOTALS 59,904.89 52,876.38
The space outlined above are those occupied by Lessee on July 1,
1997, as shown on Exhibit "P", page 14 of 14 dated 7/97 attached
hereto and made a part hereof."
2. Effective July 1, 1997, the areas referred to in Article IV,
paragraph I, will be further amended to add approximately 364 linear
feet of ramp areas associated with the gates 52, 54, 55, and 56 on
Concourse D, as shown on Exhibit "J", Page 1 of 1, Dated "REV. 7/97."
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 18th day of August, 1997.
APPROVED: MILWAUKEE COUNTY
a municipal corporation
/s/ Xxxxx Xxxxxxx By /s/ Xxxxxx X. Xxxxx
Airport Director Date Xxxxxx X. Xxxxx
Director of Public Works
By /s/ Xxx Xxxxxx
Corporation Counsel Date Xxx Xxxxxx
County Clerk
AIRLINE
Dated at Milwaukee, Wisconsin, this 1st day
of August, 1997.
MIDWEST EXPRESS AIRLINES, INC.
a Wisconsin corporation
By /s/ Xxxxxx Xxxxxxx
Title Sr. Vice President
Date 8/1/97
By ___________________________
Title ________________________
Date _________________________
STATE OF WISCONSIN )
) ss
MILWAUKEE COUNTY )
Personally came before me this 13th day of August, 1997, the above named
Xxxxxx X. Xxxxx, Director of Public Works for Milwaukee County, to me
known to be the person who executed the foregoing instrument on behalf of
Milwaukee County, and acknowledged the same to be the free act and deed of
said County, made by its authority.
/s/ Xxxxxxx Xxxxx-Xxxxxx
Notary Public, Milwaukee Co., Wis.
My commission expires 2/8/98
STATE OF WISCONSIN )
) ss
MILWAUKEE COUNTY )
Personally came before me this 18th day of August, 1997, the above named
Xxx Xxxxxx, County Clerk, of Milwaukee County, to me known to be the
person who executed the foregoing instrument on behalf of Milwaukee
County, and acknowledged the same to be the free act and deed of said
County, made by its authority.
/s/ Xxxx X. Xxxx
Notary Public, Milwaukee Co., Wis.
My commission expires 10/15/00
STATE OF Wisconsin )
) ss
COUNTY OF Milwaukee )
Personally came before me this 1st day of August,
1997, Xxxxxx Xxxxxxx, Xx. Vice President,
(Name) (Title)
and ____________________________, _____________________________,
(Name) (Title)
of MIDWEST EXPRESS AIRLINES, INC., Lessee above, to me known to
be the persons who executed the foregoing instrument and to me
known to be such officers of said corporation, and acknowledged
that they executed the foregoing instrument as such officers as
the deed of said corporation, by its authority.
\s\ Xxxxx X. Xxxxxx
Notary Public, Milwaukee, WI
My commission expires: 1/7/2001
