Exhibit 10.33(a)
FIRST AMENDMENT
TO
OFFICE LEASE AGREEMENT
WITH
CHAUTAUQUA AIRLINES, INC.
THIS FIRST AMENDMENT, made and entered into this 17th day of July, 1998, by
and between the Indianapolis Airport Authority, (hereinafter called
"AUTHORITY"), and Chautauqua Airlines, Inc., a New York corporation, authorized
to do business in the State of Indiana, (hereinafter called "LESSEE").
WITNESSETH:
WHEREAS, AUTHORITY and LESSEE have previously entered into a Lease
Agreement dated June 17, 1994, for certain administrative office space located
on the third floor of the Administration Building at Indianapolis International
Airport; and,
WHEREAS, the term of said Lease Agreement, expires on June 30, 2000; and
WHEREAS, AUTHORITY and LESSEE have also previously entered into a Letter of
Agreement dated February 8, 1995 for office space located on the third floor of
the Administration Building commonly known as rooms H305, H305A, H305B, and
H305C; and
WHEREAS, said Letter of Agreement shall terminate upon the execution of
this First Amendment; and
WHEREAS, LESSEE desires to rent additional office space on the third floor
of the Administration Building commonly known as rooms H306 and H306A, and other
space on the fourth floor commonly known as rooms H401, H415, H415E, H415F,
H415G, H416, H416B, H416C, H416D, H417; and
WHEREAS, Authority finds it necessary to revise the additional insureds;
NOW, THEREFORE, in consideration of the foregoing and the mutual covenants
contained herein, the parties hereby agree that the Letter of Agreement dated
February 8, 1995 is terminated and that Section 1. LEASED PREMISES, Xxxxxxx 0.,
XXXX, Xxxxxxx 0., XXXXXX, Xxxxxxxxx A, LEASED PREMISES, and Section 8.,
INDEMNITY of the basic Lease Agreement are hereby deleted and the following is
substituted:
1. LEASED PREMISES
The term "Leased Premises" as used in this Amendment shall consist of
9,749.1 square feet of space located on the third floor of the
Administration Building and 2,763.65 square feet of space located on
the fourth floor of the Administration Building at Indianapolis
International Airport and more particularly shown on Exhibit "A" dated
July 15, 1998, attached hereto.
2. TERM
LESSEE shall have a different lease term for each floor it shall
occupy. The term for the Third Floor Leased Premises shall commence on
August 1, 1998 and shall expire July 31, 2001. The term for the Fourth
Floor Leased Premises shall commence on August 1, 1998 and shall
expire on July 31, 2000.
3. RENTAL
A. LEASED PREMISES
As rental for the use of said Leased Premises and appurtenances
thereto, LESSEE agrees to pay per annum in accordance with the
following rental schedule, payable in advance in twelve (12)
equal payments on the first day of each calendar month effective
August 1, 1998.
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B. RENTAL SCHEDULE
THIRD FLOOR
8/1/98 THROUGH 7/31/01 - 9,749.1 sq. ft. x $10.50 p.s.f. =
$102,365.55 per year, payable at $8,530.46 per month.
FOURTH FLOOR
8/1/98 THROUGH 7/311/00 - 2,763.65 sq. ft. x $10.50 p.s.f. =
$ 29,018.33 per year, payable at $2,418.19 per month.
LESSEE shall have the right to terminate the Lease Agreement
on the fourth floor space with ninety (90) days written notice
prior to end of original term.
Any partial month of rent shall be prorated. Said rent shall
be payable at the office of the AUTHORITY or such other place as
AUTHORITY may from time to time designate.
8. INDEMNITY
LESSEE agrees to indemnify fully, and save and hold AUTHORITY harmless
from and against all claims and actions and all expenses incidental to
the investigation and defense thereof, based on or arising out of
damages or injuries to third persons or their property, caused by the
fault or negligence of LESSEE, provided, however, that LESSEE shall
not be liable for any injury or damage or loss occasioned by the
negligence of AUTHORITY, its agents or employees, and provided further
that AUTHORITY shall give LESSEE prompt and reasonable notice of any
such claims or actions, and LESSEE shall have the right to
investigate, compromise and defend the same. LESSEE agrees to carry
out and keep in force, with a company suitable to AUTHORITY, public
liability insurance covering bodily injury and property damage and
such other insurance as
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may he necessary to protect AUTHORITY herein from such claims and
actions aforesaid. Without limiting its liability as foresaid, LESSEE
agrees to carry and keep in force such insurance with single limit of
liability for bodily injury and property damage in a sum not less than
$5,000,000.00 for any one accident and to furnish AUTHORITY with
proper certificate that such insurance is in force designating the
Indianapolis Airport Authority, BAA Indianapolis LLC, and BAA USA
Holdings, Inc. as additional insureds.
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THIS FIRST AMENDMENT shall be effective July 15, 1998 and all other terms
of the basic Lease dated June 17, 1994, shall remain the same.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be
executed as of the date first above mentioned.
INDIANAPOLIS AIRPORT AUTHORITY
By /s/ Xxxxxxx X. Xxxxx
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Xxxxxxx X. Xxxxx, President
By /s/ Xxxxxx St. Xxxxxx
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Xxxxxx St. Xxxxxx, Vice President
By /s/ Xxxx X. Xxxxxxx
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Xxxx X. Xxxxxxx, Secretary
By [SEAL OF ABSENT]
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Max. X. Xxxxxx, Member
By /s/ Xxxxxxx X. Xxxxxxxxxx
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Xxxxxxx X. Xxxxxxxxxx, Member
By [SEAL OF ABSENT]
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Xxxxxxx X. Xxxxxxx, Member
By /s/ Xxxxx X. Xxxxxxxxx
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Xxxxx X. Xxxxxxxxx, Member
AUTHORITY
CHAUTAUQUA AIRLINES, INC.
By /s/ [ILLEGIBLE]
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Title Executive V.P. & COO
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LESSEE
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