Exhibit 10.33(d)
FOURTH AMENDMENT
TO
OFFICE LEASE AGREEMENT
WITH
CHAUTAUQUA AIRLINES, INC.
THIS FOURTH AMENDMENT, made and entered into this 3 day of September, 1999.
by and between the Indianapolis Airport Authority, (hereinafter referred to as
"AUTHORITY"), and Chautauqua Airlines, Inc., a New York corporation, authorized
to do business in the state of Indiana, (hereinafter referred to as "LESSEE").
W I T N E S S E T H:
WHEREAS, AUTHORITY and LESSEE previously entered into a Lease Agreement
dated June 17, 1994 for certain space located in the Administration Building at
Indianapolis International Airport: and
WHEREAS, AUTHORITY and LESSEE amended the Lease Agreement on July 17, 1998,
October 2, 1998 and November 6, 1998; and
WHEREAS, LESSEE desires to rent additional office space on the fourth floor
of the Administration Building commonly known as Xxxx X000X, Xxxx X000X, and a
portion xx Xxxxxxx X000;
NOW, THEREFORE, in consideration of the foregoing and the mutual covenants
contained herein, the Parties hereby agree that Article 1., LEASED PREMISES,
Article 2., TERM, Article 3., RENTAL, LEASED PREMISES and Article 3., RENTAL.
RENTAL SCHEDULE are hereby deleted and the following are substituted:
1. LEASED PREMISES
The term "Leased Premises" shall consist of 9,749.1 square feet on the
third floor and 5,184.65 square feet on the fourth floor of the
Administration Building of
which the entire leased space is more particularly shown on Exhibit "A"
dated August 25, 1999 attached hereto.
The third floor square footage includes the Men's and Woman's
restrooms, however no rental is being charged for this square footage
2. TERM
LESSEE shall have a different term for each floor it shall occupy. The
revised term and rental for the third floor Leased Premises commenced on
August 1, 1998 and shall expire on July 31, 2001. The term for the
fourth floor Leased Premises, except for Rooms H415A, H415C, H413,
H413A, H415B, H415D and a portion of Hallway H411 commenced on August 1,
1998 and shall expire on July 31, 2000. The term for Rooms H415A and
H415C commenced on September 23, 1998 and shall expire on July 31, 2000.
The term for Room H413 and H413A commenced on October 23, 1998 and shall
expire on July 31, 2000. The term for Rooms H415B, H415D and a portion
of Hallway H411 commenced on August 1, 1999 and shall expire on July 31,
2000.
LESSEE shall have an option to extend this Lease for an additional
term of three (3) years upon the rental terms outlined in Article 3.B.
LESSEE shall have a different term for each floor it shall occupy. The
option term for the third floor shall commence August 1, 2001 and shall
terminate July 31, 2004. The option term for the fourth floor shall
commence on August 1, 2000 and shall expire on July 31, 2003.
LESSEE may exercise the option by mailing or delivering to AUTHORITY
written notice of such intention not later than six (6) months prior
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to the date of expiration of the primary terms and the first option
terms. Notification date on the third floor shall be on or before
February 1, 2001. Notification date on the fourth floor shall be on or
before February 1, 2000.
3. RENTAL
A. LEASED PREMISES
Rental for the use of said Leased Premises and appurtenances thereto,
LESSEE agrees to pay per annum in accordance with the following
rental schedules payable in advance in twelve (12) equal payments on
the first day of each calendar month effective on the first day of
occupancy. Rental Schedule -Primary Term
THIRD FLOOR
AUGUST 1, 1998 THROUGH JULY 31, 2001
9,749.1 square feet X $10.50 p.s.f. = $102,365.55 per year payable at
$8,530.46 per month
FOURTH FLOOR
OCTOBER 23, 1998 THROUGH JULY 31, 1999
4,411 square feet X $10.50 p.s.f. = $46,317.08 per year payable at
$3,859.76 per month
AUGUST 1, 1999 THROUGH JULY 31, 2000
5,184.65 square feet X $10.50 p.s.f. = $54,438.83 per year payable at
$4,536.57 per month
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.
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B. RENTAL SCHEDULE - OPTION PERIODS
THIRD FLOOR
AUGUST 1, 2001 THROUGH JULY 31, 2002
9,749.1 square feet X $11.00 p.s.f. = $107,240.10 per year payable at
$8,936.68 per month
AUGUST 1, 2002 THROUGH JULY 31, 2003
9,749.1 square feet X $11.50 p.s.f. = $112,114.65 per year payable at
$9,342.89 per month
AUGUST 1, 2003 THROUGH AUGUST 31, 2004
9,749.1 square feet X $12.00 p.s.f. = $116,989.20 per year payable at
$9,749.10 per month
FOURTH FLOOR
AUGUST 1, 2000 THROUGH JULY 31, 2001
5,184.65 square feet X $11.00 p.s.f. = $57,03.15 per year payable at
$4,752.60 per month
AUGUST 1, 2001 THROUGH JULY 31, 2002
5,184.65 square feet X $11.50 p.s.f. = $59,623.48 per year payable at
$4,968.62 per month
AUGUST 1, 2002 THROUGH JULY 31, 2003
5,184.65 square feet X $12.00 p.s.f. = $62,215.80 per year payable at
$5,184.65 per month
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THIS FOURTH AMENDMENT shall be effective this ___________ day of
____________________, 1999 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 /s/ H. Xxxxxxx Xxxxxxxx
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H. Xxxxxxx Xxxxxxxx, Member
By /s/ Xxxxxxx X. Xxxxxxxxxx
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Xxxxxxx X. Xxxxxxxxxx, Member
By /s/ [SEAL OF ABSENT]
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Xxx X. Xxxxxx, 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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