AMENDMENT NO. 12
TO
AIRLINE LEASE NO. AC-865
THIS AMENDMENT TO CONTRACT OF LEASE is made and entered into as of
the 21st day of April, 1998, 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 Gate D-37, and
associated hold room, hold room stairwell, lower level operations area
space, and 129 linear feet of ramp associated with the gate located on
Concourse D; and,
WHEREAS, on March 19, 1998, County's Board of Supervisors approved
amending Airline's Lease to include Gate D-37, and associated hold room,
hold room stairwell, lower level operations area space, and ramp;
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 April 1, 1998, 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, 1998
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 4,105.00 .70 2,873.50
Office Finished
(Heated)
Concourse Lower Level 25,896.90 .85 22,012.37
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 26,061.00 1.00 26,061.00
Baggage Makeup Area 3,939.10 .75 2,954.33
Baggage Service Office 405.00 1.00 405.00
Hold Room Stairwell 2,075.44 .15 311.32
Basement 0 .25 0
Mezzanine Office Areas 0 .90 0
Operations Control Tower 401.00 1.08 433.08
--------- ---------
TOTALS 65,876.54 57,850.05
The spaces outlined above are those occupied by Lessee on April
1, 1998, which includes an additional 947 square feet of
Concourse Lower Level Office (Unfinished) space, 535 square feet
of Concourse Lower Level Office Finished (Heated and Air
Conditioned) space, 1,363 square feet of Gate Hold Room space,
and 109 feet of Hold Room Stairwell space, as shown on Exhibit
"P", pages 8 and 9 of 11, Revised 4/98, attached hereto and made
a part hereof."
2. Effective April 1, 1998, the areas referred to in Article IV,
paragraph I, will be further amended to add approximately 129 linear
feet of ramp area associated with the gate 37 on Concourse D, as
shown on Exhibit "J", Page 1 of 1, Dated "REV. 4/98."
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.
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 21st day of April, 1998.
APPROVED: MILWAUKEE COUNTY
a municipal corporation
/s/C. XXXXX XXXXXXX 4/14/98 By /s/ XXXXXX X. XXXXX 4/16/98
Airport Director Date Xxxxxx X. Xxxxx
Director of Public Works
/s/ XXXXXX XXXXXXX 4/15/98 By /s/ XXX XXXXXX 4/21/98
Corporation Counsel Date Xxx Xxxxxx
County Clerk
AIRLINE
Dated at Milwaukee, Wisconsin, this 2nd day
of April, 1998.
MIDWEST EXPRESS AIRLINES, INC.
a Wisconsin corporation
By /s/ XXXXXX X. XXXXXXX
Title SR. VICE PRESIDENT
Date April 2, 1998
By ___________________________
Title ________________________
Date _________________________
STATE OF WISCONSIN )
) ss
MILWAUKEE COUNTY )
Personally came before me this 16th day of April, 1998, 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 0-0-00
XXXXX XX XXXXXXXXX )
) ss
MILWAUKEE COUNTY )
Personally came before me this 21st day of April, 1998, 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
MILWAUKEE COUNTY )
Personally came before me this 2st day of April,
1998, Xxxxxx X. 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 Xxxxxx
My commission expires: 1/7/01
