AMENDMENT NO. 9
TO
AIRLINE LEASE NO. AC-865
THIS CONTRACT OF LEASE is made and entered into as of the
6th day of March, 1996, by and between MILWAUKEE COUNTY, a municipal
corporation, organized and existing as one of the counties in Wisconsin
(herinafter referred to as "Lessor" or "County"), and MIDWEST EXPRESS
AIRLINES, INC., a corporation organized and existing under the laws of the
State of Delaware (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 occupancy and the use of the premises and facilities of General
Xxxxxxxx International Airport for the transportation of persons and cargo
by air; and
WHEREAS, in 1994, Airline had requested constructing additional lower
level operation space for its flight crews on the ground floor of
Concourse "D" at General Xxxxxxxx International Airport; and,
WHEREAS, Airline also requested that its Airline Lease be amended to
include the space being constructed and that rental credits be issued to
Airline to reimburse Airline for the actual non-tenant finish portion of
the costs of improving this lower level area; and,
WHEREAS, in 1995, Airline requested to increase the scope of the
construction project and the number of square feet to be added to the
Airline Lease; and,
WHEREAS, County's Board of Supervisors in its meetings of November 3,
1994, and July 20, 1995, approved amending Airline's Lease to include the
space being constructed and issuing rental credits to reimburse Airline
for the actual non-tenant finish portion of the costs of improving the
lower level area;
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 date April 5, 1985, as amended, be and it is hereby
further amended in the following particulars, to wit:
1. Effective on January 1, 1996, 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 JANUARY 1, 1996
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 18,132.00 1.00 18,132.00
Baggage Makeup Area 3,939.10 .75 2,954.33
Baggage Service Office 304.90 1.00 304.90
Hold Room Stairwell 1,690.44 .15 253.57
Basement 0 .25 0
Mezzanine Office Areas 0 .90 0
Operations Control Tower 401.00 1.08 433.08
--------- ---------
TOTALS 53,062.89 46,268.96
The spaces outlined above are those occupied by Lessee on January 1,
1996, and as shown on Exhibit "P", pages 12 and 13 of 13 dated 1/96
attached hereto and made a part hereof."
2. 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 6th day of March, 1996.
APPROVED: MILWAUKEE COUNTY
a municipal corporation
/s/ 2/29/96 By /s/ Xxxxxx X. Xxxxx
Airport Director Date Xxxxxx X. Xxxxx
Director of Public Works
/s/ 2/27/96 By /s/ Xxx Xxxxxx
Corporation Counsel Date Xxx Xxxxxx
County Clerk
AIRLINE
Dated at , this day of
, 199 .
MIDWEST EXPRESS AIRLINES, INC.
a Delaware corporation
By /s/ Xxxxxxx X. Xxxxxxxx
Title President
Date _________________________
By /s/ Xxxxxx X. Xxxxxxx
Title Secretary
Date _________________________
STATE OF WISCONSIN )
) ss
MILWAUKEE COUNTY )
Personally came before me this 5th day of March, 1996, 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/ Xxxxxx Xxxxxx
Notary Public, Milwaukee Co., Wis.
My commission expires July 28, 0000
XXXXX XX XXXXXXXXX )
) ss
MILWAUKEE COUNTY )
Personally came before me this 6th day of March, 1996, 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 10/26/96
STATE OF WISCONSIN )
) ss
COUNTY OF MILWAUKEE )
Personally came before me this 23rd day of February, 1996,
Xxxxxxx X. Xxxxxxxx, President
(Name) (Title)
and Xxxxxx X. Xxxxxxx, Secretary
(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/ Xxxxxx X. Xxxxxxx
Notary Public, Milwaukee, Wisconsin
My commission is permanent
