Amendment No. 3
to
Airport Agreement No. AC-965
THIS AMENDMENT TO A CONTRACT OF LEASE is made and entered into as of
the 6th day of November, 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 Wisconsin (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 known as Airport Agreement No. AC-965 dated May 12, 1988,
as amended ("Agreement"), 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, Carrier has requested to lease additional land, adjacent to
the area presently leased by Lessee for the purpose of erecting a support
building adjacent to the west side of its maintenance hangar; and,
WHEREAS, County's Board of Supervisors, in its meeting of
March 21, 1996, (File No. 96-243) has approved an amendment to Airport
Agreement No. AC-965 between Milwaukee County and Midwest Express
Airlines, Inc., to add the additional land, originally estimated at 10,200
square feet to the agreement; and,
WHEREAS, the actual square footage changes incorporated into this
amendment are 14,967 square feet added to Lot 7, 4,519 square feet added
to Lot 7(w), and 3,968 square feet deducted from Lot 6;
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
Agreement be and is hereby amended in the following particulars, to wit:
1. Effective September 1, 1996, paragraph 1, Description of Leased
Premises, is deleted in its entirety and replaced as follows:
"1. Lessor hereby leases, demises, and lets unto Lessee and Lessee
hereby hires and takes from Lessor, certain lands situated on
the premises of General Xxxxxxxx International Airport, located
in the City of Milwaukee, County of Milwaukee, Milwaukee,
Wisconsin, shown on Exhibit "A" (Revised 9/96) attached hereto
and made a part hereof, known and described as follows:
(a) A rectangular parcel of land located in the Northeast one-
quarter of Section Thirty-two (32), Township Six (6) North,
Range Twenty-one (21) East, City of Milwaukee, Milwaukee
County, Wisconsin bounded by the following coordinates
based on the Wisconsin State Plane Coordinate System, South
Zone:
Commencing at coordinate North 351,256.75 - East
2,557,025.19 which is the north one quarter corner of
Xxxxxxx 00, Xxxxxxxx 0 Xxxxx, Xxxxx 00 Xxxx; thence South
00 degrees 56' 07" East, on and along the west line of the
Northeast one - quarter of said section 593.78 feet to
coordinate point North 350,663.09 - East 2,557,034.88;
thence North 70 degrees 12' 33" East 260.00 feet to
coordinate point north 350,751.12 -East 2,557,297.52 which
is the point of beginning of Lot 7; thence South 19 degrees
47' 27" East 180.00 feet to coordinate point North
350,581.75 - East 2,557,340.47; thence South 70 degrees 12'
33" west 86.50 feet to coordinate point North 350,552.46 -
East 2,557,259.08; thence South 19 degrees 47' 27" East
50.70 feet to coordinate point North 350,504.75 - East
2,557,276.24; thence North 70 degrees 12' 33" East 50.00
feet to coordinate point North 2,557,323.29 - East
350,521.68; thence South 19 degrees 47' 27" East 131.54
feet to coordinate point North 350,397.91 - East
2,557,367.83; thence South 70 degrees 12' 33" West 20.00
feet to coordinate point North 350,391.14 - East
2,557,349.00; thence South 19 degrees 47' 27" East 32.73
feet to coordinate point North 350,360.35 - East
2,557,360.09; thence North 70 degrees 12' 33" East 366.48
feet to coordinate point North 350,484.44 - East
2,557,704.92; thence North 19 degrees 47' 27" West 395.00
feet to coordinate point North 350,856.08 - East
2,557,571.19; thence South 70 degrees 12' 33" West 310.00
feet to the point of beginning, containing 133,467 square
feet more or less (3.06 acres) hereinafter referred to a
Lot 7.
(b) A rectangular parcel of land located in the Northeast one-
quarter of Section Thirty-two (32), Township Six (6) North,
Range Twenty-one (21) East, City of Milwaukee, Milwaukee
County, Wisconsin bounded by the following coordinates
based on the Wisconsin State Plane Coordinate System, South
Zone:
Commencing at coordinate North 351,256.75 - East
2,557,025.19 which is the north one-quarter corner of
Xxxxxxx 00, Xxxxxxxx 0 Xxxxx, Xxxxx 00 Xxxx; thence South
00 degrees 56' 07" East, on and along the west line of the
Northeast one-quarter of said section 593.78 feet to
coordinate point North 350,663.09 - East 2,557,034.88;
thence North 70 degrees 12' 33" East 34.85 feet to
coordinate point North 350,674.89 - East 2,557,067.68 which
is the point of beginning of Lot 7(w) about to be
described; continuing thence North 70 degrees 12' 33" East
225.14 feet to coordinate point North 350,751.12 - East
2,557,279.52; thence South 19 degrees 47' 27" East 180.00
feet to coordinate point North 350,581.75 - East
2,557,340.47; thence South 70 degrees 12' 33" West 286.58
feet to coordinate point North 350,484.72 - East
2,557,070.81; thence North 00 degrees 56' 07" West 190.20
feet to the point of beginning containing 46,054 (1.06
acres) square feet more or less, hereinafter referred to as
Lot 7(w)."
2. Effective September 1, 1996, the following is added to the end of
paragraph 3 (a):
"Commencing September 1, 1996, Lessee shall pay Lessor the then
current rental rate of Seventeen and Thirty-six Cents (17.36) per
square foot per annum for the 133,467 square feet of land
hereinbefore described, which amounts to an annual rental of Twenty-
three Thousand One Hundred Sixty-nine and 87/100 Dollars
($23,169.87)."
3. Effective September 1, 1996, paragraph 5 (a) is deleted in its
entirety and replaced as follows:
"5. (a) Lessor hereby leases, demises, and lets unto Lessee
exclusively, and Lessee hereby hires and takes from Lessor
the exclusive option to lease certain lands situated on the
premises of General Xxxxxxxx International Airport, located
in the City of Milwaukee, County of Milwaukee, Milwaukee,
Wisconsin, shown on Exhibit "A" (Revised 9/96) attached
hereto and made a part hereof, known and described as
follows:
A rectangular parcel of land located in the Northeast one-
quarter of Section Thirty-two (32), Township Six (6) North,
Range Twenty-one (21) East, City of Milwaukee, Milwaukee
County, Wisconsin bounded by the following coordinates
based on the Wisconsin State Plane Coordinate System, South
Zone:
Commencing at coordinate North 351,256.75 - East
2,557,025.19 which is the north one-quarter corner of
Xxxxxxx 00, Xxxxxxxx 0 Xxxxx, Xxxxx Xxxxxx-xxx East; thence
South 00 degrees56' 07" East, on and along the west line of
the Northeast one-quarter of said section 593.78 feet to
coordinate point North 350,663.09 - East 2,557,034.88;
thence North 70 degrees 12' 33" East 569.98 feet to
coordinate point North 350,856.08 - East 2,557,571.19 which
is the point of beginning of Lot 6; thence South 19 degrees
47' 27" East 395.00 feet to coordinate point North
350,484.44 - East 2,557,704.92; thence North 70 degrees 12'
33" East 290.00 feet to coordinate point North 350,582.62 -
East 2,557,977.77; thence North 19 degrees 47' 27" West
395.00 feet to coordinate point North 350,954.26 - East
2,557,844.04; thence South 70 degrees 12' 33" West feet to
the point of beginning, containing 114,532 square feet
(2.63 acres) more or less, hereinafter referred to as Lot
6."
4. The following sentence is inserted after sentence 1 of paragraph 5
(c):
"As of September 1, 1996, Lessee shall pay as an option fee one-sixth
(1/6) of the current land rental rate established in paragraph 3(a)
for the 114,532 square feet of land described hereinbefore, and
herein referred to as Lot 6, which amounts to an annual option fee of
Three Thousand Three Hundred Twenty-one and 43/100 Dollars
($3,321.43)."
5. The following paragraphs 7 (f) and 7 (g) are added after paragraph 7
(e):
"7. (f) The area identified on Exhibit "A" (Revised 9/96) as "Fire
Dept Access Only" is only for the use of fire department
vehicles and personnel. This entire area is to remain free
and clear of encumbrances, and is not to be used for parts
storage, warehousing equipment, or vehicle parking."
"7. (g) Lessee's operation on the leased premises is not to
interfere in any way with the operation of the Airport
Surveillance Radar (ASR) adjacent to the leased premises in
accordance with Airspace Case Number 96-AGL-1213-NRA, as
referenced in Supplement No. 10 to Contract DTFA14-80-L-
R117 between Milwaukee County and the United States
Department of Transportation, Federal Aviation
Administration, attached hereto as Exhibit D."
6. Except as specifically provided herein, the terms and conditions of
the Agreement heretofore entered into between the parties dated May
12, 1988, 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.
MILWAUKEE COUNTY
APPROVED: a municipal corporation
/s/ 10/31/96 By /s/ Xxxxxx X. Xxxxx 11/4/96
Airport Director Date Xxxxxx X.Xxxxx
Director of Public Works
/s/ By /s/ Xxx Xxxxxx 11/6/96
Corporation Counsel Date Xxx Xxxxxx
County Clerk
LESSOR
MIDWEST EXPRESS AIRLINES, INC.
a Wisconsin corporation
By /s/ Xxxxxx Xxxxxxx
Xxxxxx Xxxxxxx
Title Sr. Vice President
Date 10/15/96
By
Title
Date
LESSEE
STATE OF WISCONSIN )
) ss
MILWAUKEE COUNTY )
Personally came before me this 4th day of November, 1996, the above
named 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 23, 0000
XXXXX XX XXXXXXXXX )
) ss
MILWAUKEE COUNTY )
Personally came before me this 6th day of November, 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 10/15/00
STATE OF WISCONSIN )
) ss
COUNTY OF MILWAUKEE )
Personally came before me this 15th day of October, 1996,
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 12/29/96
