AMENDMENT NO. 15
TO
AIRLINE LEASE NO. AC-865
THIS AMENDMENT TO CONTRACT OF LEASE is made and entered into as of the
16th day of February, 2000, 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 ▇▇▇▇▇▇▇▇ International Airport
(GMIA) for the transportation of persons and cargo by air; and
WHEREAS, Airline requests that Lessor assign a portion of the
unassigned Ticket Counter and Ticket Counter Office space to Airline; and,
WHEREAS, Airline requests that Lessor accept surrender of the
commitment for Ticket Counter, Ticket Counter Office, and Baggage makeup area
from US Airways for reassignment to Airline; and,
WHEREAS, on July 22, 1999, (File No. 99-436) County's Board of
Supervisors approved amending Airline's Lease to add additional Ticket Counter,
Ticket Counter Office, and Baggage Makeup 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 it is hereby further
amended in the following particulars, to wit:
1. Effective on July 1, 1999, 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
JULY 1, 1999
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:
1
Relative
Cost
Space Function Sq. Ft. 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
Finished (Heated & Air
Conditioned) 30,460.90 .85 25,891.77
Concourse Upper Level Office
Unfinished -0- .95 -0-
Concourse Upper Level Office
Finished 833.00 .95 791.35
Ticket Counter 1,035.20 1.10 1,138.72
Ticket Counter Office 2,119.70 .95 2,013.71
Gate Hold Rooms 19.692.00 1.00 19,692.00
Baggage Makeup Area 5,510.10 .75 4,132.57
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 66,841.84 57,979.62
The spaces outlined above are those occupied by Lessee on
July 1, 1999, which adds: 373.5 square feet of Ticket
Counter space; 812.3 square feet of Ticket Counter Office
space; 1,571 square feet of Baggage makeup Area, as shown on
Exhibit "P", page 1 of 14, Revised 7/99, attached hereto and
made a part hereof."
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2. 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 16th day of February, 2000.
APPROVED: MILWAUKEE COUNTY
a municipal corporation
/s/ C. ▇▇▇▇▇ ▇▇▇▇▇▇▇ 2/9/2000 By /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ 2/16/00
--------------------- Date ------------------------
Airport Director ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇
Director of Public Works
/s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇ 2/12/00 /s/ ▇▇▇▇ ▇▇▇▇ 2/16/00
--------------------- Date ------------------------
Corporation Counsel ▇▇▇▇ ▇▇▇▇
County Clerk
AIRLINE
Dated at Milwaukee, Wisconsin, this 20th day of August, 1999.
MIDWEST EXPRESS AIRLINES, INC.
a Wisconsin corporation
By /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
-----------------------------------
▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
Title: Sr. Vice President
Date: August 20, 1999
3
STATE OF WISCONSIN )
) ss
MILWAUKEE COUNTY )
Personally came before me this 16th day of February, 2000, the above named
▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, 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/ ▇▇▇▇▇▇▇ ▇▇▇▇▇-▇▇▇▇▇▇
--------------------------------------
Notary Public, Milwaukee Co., Wis.
My commission expires 2/3/02
STATE OF WISCONSIN )
) ss
MILWAUKEE COUNTY )
Personally came before me this 16th day of February, 2000, the above named ▇▇▇▇
▇▇▇▇, 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/ ▇▇▇▇ ▇. ▇▇▇▇▇▇▇
--------------------------------------
Notary Public, Milwaukee Co., Wis.
My commission expires 10/19/03
STATE OF WISCONSIN )
) ss
MILWAUKEE COUNTY )
Personally came before me this 20th day of August, 1999, ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇, ▇▇.
Vice President, of MIDWEST EXPRESS AIRLINES, INC., Lessee above, 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/ ▇▇▇▇▇ ▇. ▇▇▇▇▇▇
--------------------------------------
Notary Public, ▇▇▇▇▇ ▇. ▇▇▇▇▇▇
My commission expires 1/7/01
4