Amendment No. 2
to
Airport Agreement No. AC-965
THIS CONTRACT OF LEASE is made and entered into as of the 8th day of
January, 1996, 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
Delaware (hereinafter referred to as "Lessee" or "Midwest Express").
W I T N E S S E T H :
THAT, WHEREAS, the parties hereto have heretofore entered into a
lease agreement dated May 12, 1988, known as Airport Agreement No.
AC-965, relating to air cargo apron space and the lease of land for
construction of an aircraft maintenance hangar on the premises of General
Xxxxxxxx International Airport; and,
WHEREAS, Lessee had originally been assigned 65,000 square feet of
ramp directly south of its hangar facility, and Lessee had also previously
been assigned an additional 53,015 square feet of ramp area, south of, and
adjacent to the 65,000 feet of aircraft parking area originally leased by
Lessee; and,
WHEREAS, the westward expansion of the air cargo apron in 1995
required that 48,265 square feet of the added 53,015 square feet of
Lessee's cargo apron be deleted from its leasehold to provide a common use
taxiway to the newly constructed western edge of the cargo ramp; and
WHEREAS, in exchange for this 48,265 square feet, Lessee has agreed
to amend its lease to add as replacement, an additional 49,250 square
feet, immediately west of and contiguous to Lessee's remaining ramp,
adjusting rentals accordingly; and
WHEREAS, the total amount of ramp Midwest will lease will be 119,000
square feet; and
WHEREAS, the County's Board of Supervisors in its meeting of
September 28, 1995 approved an amendment to Airport Agreement AC-965 between
Milwaukee County and Midwest Express to delete 48,265 of the 53,015 square
feet of cargo apron previously added, and to add 49,250 square feet of
ramp immediately west of the remaining apron, both actions to be effective
November 1, 1995 and adjusting the rental fees assessed to Lessee
accordingly;
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 May 12, 1988 as amended, be and is hereby
further amended in the following particulars, to wit:
1. Effective November 1, 1995 the following subparagraphs shall be added
to Paragraph 4 to read as follows:
"4. (j) Lessor has requested, and Lessee has agreed to,
Lessee's relinquishment of 48,265 square feet of
Lessee's cargo apron from its leasehold to provide
a common use taxiway to the newly constructed western
edge of the cargo ramp, and add, as replacement ramp,
an additional 49,250 square feet, immediately adjacent and
contiguous to Lessee's remaining ramp, bringing the total
amount of ramp Lessee will lease to 119,000 square feet,
all as shown on Exhibit A-1 (revised November 1, 1995),
attached hereto and made part
hereof.
(k) Effective November 1, 1995, Lessee agrees to pay monthly
fees to Lessor sufficient to cover its proportionate 8.95
percent share of the costs of the remaining 4,750 square
feet of the 53,015 square feet of apron previously added to
Lessee's leasehold effective January 1, 1995 as shown on
Revised Exhibit B-1 (Revised 11/1/95) attached hereto and
made a part hereof. The maintenance and operation
component is subject to annual adjustment based on review
by Lessor of actual expenses incurred in the prior year.
(l) Effective November 1, 1995, Lessee further agrees to pay
monthly fees to cover the costs of its proportionate 19.35%
share of the common taxiway reformulated from Lessee's
relinquished 48,265 square feet of ramp as shown on Revised
Exhibit B-1 (Revised 11/1/95) attached hereto and made part
hereof. The maintenance and operation component is subject
to annual adjustment based on review by Lessor of actual
expenses incurred in the prior year."
(m) In recognition of Lessee's long-term commitment to pay the
debt service and operating costs of Lessee's preferentially
leased ramp, revenues received by the County from non-
signatory users of Lessee's preferentially leased ramp
shall be credited annually to Lessee by February 15, of the
year following the year of account. This process and
procedure shall be similar to the crediting of non-signatory
user fees in the Cargo Carrier preferential ramp leases on
the adjoining aircraft parking ramp.
2. Except as specifically provided herein, the terms and conditions of
the Agreement heretofore entered into between the parties dated May
12, 1988, 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.
MILWAUKEE COUNTY
APPROVED: a municipal corporation
/s/________________1/98/96 By/s/ Xxxxxx X. Xxxxxx
Airport Director Date (for) Xxxxxx X.Xxxxx
Director of Public Works
/s/________________12/18/95 By/s/ Xxx Xxxxxx
Corporation Counsel Date Xxx Xxxxxx
County Clerk
LESSOR
MIDWEST EXPRESS AIRLINES, INC.
a Delaware corporation
By/s/ Xxxxxx Xxxxxxx
Xxxxxx Xxxxxxx
Title Sr. Vice President
Date 12/21/95
By
Title
Date
LESSEE
STATE OF WISCONSIN )
) ss
MILWAUKEE COUNTY )
Personally came before me this 5th day of January, 1996, the above
named Xxxxxx X. Xxxxxx for Xxxxxx X. Xxxxx, Director of Public Works 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/ Xxxxxx Xxxxxx
Notary Public, Milwaukee County, Wis.
My commission expires July 28, 0000
XXXXX XX XXXXXXXXX )
) ss
MILWAUKEE COUNTY )
Personally came before me this 8th day of January, 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 County, Wis.
My commission expires October 20, 0000
XXXXX XX XXXXXXXXX )
) ss
COUNTY OF MILWAUKEE )
Personally came before me this 21st day of December, 1995,
Xxxxxx Xxxxxxx, Xx. Vice President
(Name) (Title)
and ___________________________ , _____________________________,
(Name) (Title)
of MIDWEST EXPRESS AIRLINES, INC., 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, Xxxxx X. Xxxxxx
My commission expires December 29, 1996
