Exhibit 10.23
AMENDMENT NO. 16
TO
AIRLINE LEASE NO. AC-865
THIS AMENDMENT TO CONTRACT OF LEASE is made and entered into as of the
12th day of January, 2001, 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 requests that Lessor assign portions of unassigned
terminal building areas to Airline for Airline to construct additional Ticket
Counter, Ticket Counter Office, Baggage Makeup, and Concourse Upper Level Office
Finished space; and,
WHEREAS, Airline requests that Lessor accept surrender of the
commitment of approximately 886.1 square feet of Ticket Counter Office area
which became unusable due to ticket building entrance renovation; and,
WHEREAS, on September 30, 1999, (File No. 99-517), December 16, 1999
(Files No. 99-651 and 99-653), and March 16, 2000 (File No. 00-162) County's
Board of Supervisors approved amending Airline's Lease to add additional Ticket
Counter, Ticket Counter Office, Baggage Makeup, and Concourse Upper Level Office
Finished space, and delete unusable Ticket Counter Office area;
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 is hereby further
amended in the following particulars, to wit:
1. Effective on January 1, 2000, 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
JANUARY 1, 2000
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 Office -0- .20 -0-
Unfinished (Unheated)
Concourse Lower Level Office 4,588.50 .70 3,211.95
Unfinished (Heated)
Concourse Lower Level Office 30,460.90 .85 25,891.77
Finished (Heated & Air
Conditioned)
Concourse Upper Level Office -0- .95 -0-
Unfinished
Concourse Upper Level Office 833.00 .95 791.35
Finished
Ticket Counter 1,257.20 1.10 1,382.92
Ticket Counter Office 1,901.60 .95 1,806.52
Gate Hold Rooms 19,692.00 1.00 19,692.00
Baggage Makeup Area 5,619.10 .75 4,214.33
Baggage Service Office 405.00 1.00 405.00
Hold Room Stairwell 1,796.44 .15 269.47
Basement -0- .25 -0-
Mezzanine Office Areas -0- .90 -0-
Operations Control Tower 401.00 1.08 433.08
--------- ---------
TOTALS 66,954.74 58,098.39
The spaces outlined above are those occupied by Lessee on January 1,
2000, which adds 222 square feet of Ticket Counter
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space; a net of 109 square feet of Baggage Makeup Area; and deletes a
net of 218.1 square feet of Ticket Counter Office space, as shown on
Exhibit "P", page 1 of 15, Rev. 1/00 and Exhibit "P", page 15 of 15,
Rev. 1/00, attached hereto and made a part hereof."
2. Effective on April 1, 2000, 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
APRIL 1, 2000
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 Office -0- .20 -0-
Unfinished (Unheated)
Concourse Lower Level Office 4,588.50 .70 3,211.95
Unfinished (Heated)
Concourse Lower Level Office 30,460.90 .85 25,891.77
Finished (Heated & Air
Conditioned)
Concourse Upper Level Office -0- .95 -0-
Unfinished
Concourse Upper Level Office 5,793.00 .95 5,503.35
Finished
Ticket Counter 1,257.20 1.10 1,382.92
Ticket Counter Office 1,901.60 .95 1,806.52
Gate Hold Rooms 19,692.00 1.00 19,692.00
Baggage Makeup Area 5,619.10 .75 4,214.33
Baggage Service Office 405.00 1.00 405.00
-3-
Relative
Space Function Sq. Ft. Cost Factor ERUs
-------------- ------- ----------- ----
Hold Room Stairwell 1,796.44 .15 269.47
Basement -0- .25 -0-
Mezzanine Office Areas -0- .90 -0-
Operations Control Tower 401.00 1.08 433.08
--------- ---------
TOTALS 71,914.74 62,810.39
The spaces outlined above are those occupied by Lessee on April 1,
2000, which adds 4,960 square feet of Concourse Upper level Office
Finished space, as shown on Exhibit "P", page 11 of 15, Rev. 4/00,
attached hereto and made a part hereof."
3. 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.
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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 12th day of January, 2001.
APPROVED: MILWAUKEE COUNTY
a municipal corporation
By:
--------------------------------------- -----------------------------
Airport Director Date Name:
By:
--------------------------------------- -----------------------------
Corporation Counsel Date Name:
AIRLINE
Dated at Milwaukee, Wisconsin, this ____ day of _____________, 200_.
MIDWEST EXPRESS AIRLINES, INC.
a Wisconsin corporation
By:
------------------------------
Name:
Title:
Date:
----------------------------
By:
------------------------------
Name:
Title:
Date:
----------------------------
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STATE OF WISCONSIN )
) SS
MILWAUKEE COUNTY )
Personally came before me this ____ day of _____________________, 200_, the
above named Xxxxx 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.
-------------------------------------
Notary Public, Milwaukee Co., Wis.
My commission expires _____________
STATE OF WISCONSIN )
) SS
MILWAUKEE COUNTY )
Personally came before me this ____ day of _____________________, 200_, the
above named Xxxx Xxxx, 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.
---------------------------------
Notary Public, Milwaukee Co., Wis.
My commission expires _____________
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STATE OF WISCONSIN )
) SS
MILWAUKEE COUNTY )
Personally came before me this ____ day of _____________________, 200_,
---------------------------------------, ------------------------------------,
(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.
---------------------------------
Notary Public, Milwaukee Co., Wis.
My commission expires _____________
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