AMENDMENT NO. 11
TO
AIRLINE LEASE NO. AC-865
THIS AMENDMENT TO CONTRACT OF LEASE is made and entered into as of
the 17th day of December, 1997, 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
"Airline").
W I T N E S S E T H:
THAT, WHEREAS, the parties hereto have heretofore entered into an
Airline Lease dated April 5, 1985, as amended, relating to space,
occupancy and the use of the premises and facilities of General Xxxxxxxx
International Airport (GMIA) for the transportation of persons and cargo
by air; and
WHEREAS, Airline has requested County's consent to construct
additional lower level operations space for its flight crews on the ground
floor of Concourse "D" beneath Gate D-39 at GMIA; and,
WHEREAS, on February 20, 1997, County's Board of Supervisors approved
amending Airline's Lease to include approximately 2,300 square feet of
additional lower level operation space requested by Airline for its flight
crews on the ground floor of Concourse "D" beneath Gate D-39 at GMIA; 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, County's Board of Supervisors in its meeting of February 20,
1997, approved amending Airline's Lease to include the additional 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; and,
WHEREAS, Airline's final construction plans indicated that the amount
of additional lower level operation space to be constructed would require
3,951 additional square feet; and,
WHEREAS, on July 17, 1997, County's Board of Supervisors approved
Airline's request to amend Airline's Lease Agreement No. AC-865 to delete
approximately 1,033.45 square feet of lower level office space on the
ground floor of the Administration Building as of the Date of Substantial
Beneficial Occupancy of the newly constructed space on the ground floor of
Concourse "D", beneath Gate D-39; and,
WHEREAS, on July 17, 1997, County's Board of Supervisors also
approved amending Airlines' Lease to include approximately 104 square feet
of additional baggage service office space; and,
WHEREAS, Airline's final construction plans indicated that the amount
of additional baggage service office space to be constructed would require
100.1 additional square feet;
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 April 5, 1985, as amended, be and it is hereby
further amended in the following particulars, to wit:
1. Effective on August 4, 1997, 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 AUGUST 4, 1997
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 25,361.90 .85 21,557.62
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 24,698.00 1.00 24,698.00
Baggage Makeup Area 3,939.10 .75 2,954.33
Baggage Service Office 304.90 1.00 304.90
Hold Room Stairwell 1,966.44 .15 294.97
Basement 0 .25 0
Mezzanine Office Areas 0 .90 0
Operations Control Tower 401.00 1.08 433.08
--------- ---------
TOTALS 63,855.89 56,234.23
The spaces outlined above are those occupied by Lessee on August 4,
1997, which includes an additional 3,951 square feet of Concourse
Lower Level Office Finished (Heated and Air Conditioned) space, as
shown on Exhibit "P", page 13 of 13 dated 8/97 attached hereto and
made a part hereof."
2. Effective on October 1, 1997, 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
OCTOBER 1, 1997
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 25,361.90 .85 21,557.62
Office Finished
(Heated & Air
Conditioned)
Concourse Upper Level 0 .95 0
Office Unfinished
Concourse Upper Level 833.00 .95 791.35
Office Finished
Ticket Counter 661.70 1.10 727.87
Ticket Counter Office 1,307.40 .95 1,242.03
Gate Hold Rooms 24,698.00 1.00 24,698.00
Baggage Makeup Area 3,939.10 .75 2,954.33
Baggage Service Office 304.90 1.00 304.90
Hold Room Stairwell 1,966.44 .15 294.97
Basement 0 .25 0
Mezzanine Office Areas 0 .90 0
Operations Control Tower 401.00 1.08 433.08
--------- ---------
TOTALS 62,822.44 55,252.95
The spaces outlined above are those occupied by Lessee on the
Date of Substantial Beneficial Occupancy of
Remodeled/Reconstructed areas, as shown on Exhibit "P" Page 13
of 13 (8/97), less the 1,033.45 square feet of Concourse Upper
Level Office Finished space, as shown on Exhibit "P" Page 12 of
13 (5/94, 1/96)."
3. Effective on November 1, 1997, 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
NOVEMBER 1, 1997
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 25,361.90 .85 21,557.62
Office Finished
(Heated & Air
Conditioned)
Concourse Upper Level 0 .95 0
Office Unfinished
Concourse Upper Level 833.00 .95 791.35
Office Finished
Ticket Counter 661.70 1.10 727.87
Ticket Counter Office 1,307.40 .95 1,242.03
Gate Hold Rooms 24,698.00 1.00 24,698.00
Baggage Makeup Area 3,939.10 .75 2,954.33
Baggage Service Office 405.00 1.00 405.00
Hold Room Stairwell 1,966.44 .15 294.97
Basement 0 .25 0
Mezzanine Office Areas 0 .90 0
Operations Control Tower 401.00 1.08 433.08
-------- ---------
TOTALS 62,922.54 55,353.05
The spaces outlined above are those occupied by Lessee on
November 1, 1997, which included an additional 100.1 square feet
of Baggage Service Office space, as shown of Exhibit "Q" Page 1
of 2 REV. 11/97."
4. Effective July 1, 1997, based on Computer Aided Design (CAD)
measurements, the areas referred to in Article IV, paragraph I, will
be further amended to add approximately 5 linear feet of ramp area,
for a total of 369 linear feet of ramp area associated with the gates
52, 54, 55, and 56 on Concourse D, as shown on Exhibit "J", Page 1 of
1, Dated "REV. 8/97."
5. 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 17th day of December, 1997.
APPROVED: MILWAUKEE COUNTY
a municipal corporation
/s/ C. Xxxxx Xxxxxxx By /s/ Xxxxxx X. Xxxxx
Airport Director Date Xxxxxx X. Xxxxx
Director of Public Works
By /s/ Xxx Xxxxxx
Corporation Counsel Date Xxx Xxxxxx
County Clerk
AIRLINE
Dated at Milwaukee , this 17th day
of December, 1997.
MIDWEST EXPRESS AIRLINES, INC.
a Wisconsin corporation
By /s/ Xxxxxx Xxxxxxx
Title Sr. Vice President
Date 11/25/97
By ___________________________
Title ________________________
Date _________________________
STATE OF WISCONSIN )
) ss
MILWAUKEE COUNTY )
Personally came before me this 15th day of December, 1997, 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/ Xxxxxxx Xxxxx-Xxxxxx
Notary Public, Milwaukee Co., Wis.
My commission expires 2/8/98
STATE OF WISCONSIN )
) ss
MILWAUKEE COUNTY )
Personally came before me this 17th day of December, 1997, 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 10/15/00
STATE OF Wisconsin )
) ss
COUNTY OF Milwaukee )
Personally came before me this 25th day of November,
1997, Xxxxxx Xxxxxxx, Xx. Vice President,
(Name) (Title)
and ____________________________, _____________________________,
(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/ Xxxxx Xxxxxx
Notary Public, Xxxxx X. Xxxxxx
My commission expires: 1/7/2001
