EXHIBIT 10.27
AMENDMENT NO. 18
TO
AIRLINE LEASE NO. AC-865
THIS AMENDMENT TO CONTRACT OF LEASE is made and entered into as of the 27th
day of July, 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 Gate Hold
Room, Ticket Counter Office, and Concourse Lower Level Office Finished space;
and,
WHEREAS, on June 22, 2000, (File No. 00-375) County's Board of Supervisors
approved amending Airline's Lease to add additional Gate Hold Room, Ticket
Counter Office, and Concourse Lower Level Office Finished space;
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 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 Unfinished -0- .20 -0-
(Unheated)
Concourse Lower Level Office Unfinished
(Heated) 4,588.50 .70 3,211.95
Concourse Lower Level Office Finished
(Heated & Air Conditioned) 30,695.90 .85 26,091.52
Concourse Upper Level Office Unfinished -0- .95 -0-
Concourse Upper Level Office Finished 5,793.00 .95 5,503.35
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 72,149.74 63,010.14
The spaces outlined above are those occupied by Lessee on April 1,
2000, to which 235 square feet of Concourse Lower Level Office
Finished space is added as shown on Exhibit "P", page 16 of 16, Rev.
4/00, attached hereto and made a part hereof."
2. Effective on July 1, 2000, paragraph S of Article IV shall be deleted in
its entirety and a new paragraph S inserted therefore, reading as follows:
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"S. LESSEE'S EXCLUSIVE USE SPACE WITHIN THE TERMINAL BUILDING ON JULY 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
Unfinished (Unheated) -0- .20 -0-
Concourse Lower Level Office
Unfinished (Heated) 4,588.50 .70 3,211.95
Concourse Lower Level Office
Finished (Heated & Air Conditioned) 30,795.90 .85 26,176.52
Concourse Upper Level Office
Unfinished -0- .95 -0-
Concourse Upper Level Office
Finished 5,793.00 .95 5,503.35
Ticket Counter 1,257.20 1.10 1,382.92
Ticket Counter Office 2,076.60 .95 1,972.77
Gate Hold Rooms 20,052.00 1.00 20,052.00
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 72,784.74 63,621.39
The spaces outlined above are those occupied by Lessee on July 1,
2000, to which 100 square feet of Concourse Lower Level Office
Finished space is added, as
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shown on Exhibit "P", page 16 of 16, Rev. 7/00, 175 square feet of
Ticket Counter Office space (used as an employee coat room), as shown
on Exhibit "P", page 1 of 16, Rev. 7/00, and 360 square feet of Gate
Hold Room space, as shown on Exhibit "P", page 8 of 16, Rev. 7/00, all
of which are 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.
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 27th day of July, 2001.
APPROVED: MILWAUKEE COUNTY
a municipal corporation
/s/ Airport Director July 11, 2001 By: /s/ Xxxxx X. Xxxxx
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Airport Director Date Xxxxx X. Xxxxx
Director of Public Works
/s/ Corporation Counsel July 17, 2001 By: /s/ Xxxx Xxxx
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Corporation Counsel Date Xxxx Xxxx
County Clerk
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AIRLINE
Dated at Milwaukee, WI, this 28th day of June, 2001.
MIDWEST EXPRESS AIRLINES, INC.
a Wisconsin corporation
By: /s/ Xxxxxx X. Xxxxxxx
-------------------------------
Xxxxxx X. Xxxxxxx
Title: Sr. Vice President
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Date: June 28, 2001
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By:
-------------------------------
Title:
-------------------------------
Date:
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STATE OF WISCONSIN )
) ss
MILWAUKEE COUNTY )
Personally came before me this 27th day of July, 2001, 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.
/s/ Xxxxxxx Xxxxx-Xxxxxx
-------------------------------------
Notary Public, Milwaukee Co., Wis.
My commission expires: 2-03-02
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STATE OF WISCONSIN )
) ss
MILWAUKEE COUNTY )
Personally came before me this 27th day of July, 2001, 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.
/s/ Xxxx Xxxxxxx
-------------------------------------
Notary Public, Milwaukee Co., Wis.
My commission expires: 00-00-00
XXXXX XX XXXXXXXXX )
) ss
COUNTY OF MILWAUKEE )
Personally came before me this 28th day of June, 2001, Xxxxxx X. Xxxxxxx,
Xx. Vice President, and ______________, ________________, 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 X. Xxxxxx
--------------------------------------
Notary Public, Xxxxx X. Xxxxxx
-----------------------
My commission expires: January 2, 2005
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