Amendment No. 1
to
Airport Agreement No. AC-965
THIS CONTRACT OF LEASE is made and entered into as of the 5th day
of October, 1995, 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
Delaware (hereinafter referred to as "Lessee" or "Midwest Express").
W I T N E S S E T H :
THAT, WHEREAS, the parties hereto have heretofore entered into a
lease agreement dated May 12, 1988, relating to air cargo apron space and
the lease of land for construction of an aircraft maintenance hangar on
the premises of General Xxxxxxxx International Airport; and,
WHEREAS, Carrier has requested to lease the additional 53,015 square
foot expansion area at the western end of the apron, adjacent to the area
presently leased by Lessee; and,
WHEREAS, County's Board of Supervisors, in its meeting of November 3,
1994, has approved an amendment to Airport Agreement No. CR-965 between
Milwaukee County and Midwest Express Airlines, Inc., to add 53,015 square
feet of apron to the agreement;
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 May 12, 1988, be and is hereby amended in the
following particulars, to wit:
1. Effective January 1, 1995 the following subparagraphs shall be added
to Paragraph 4 to read as follows:
"4. (f) Lessee has requested, and Lessor agrees to construct and
additional aircraft parking ramp of approximately 53,015
square feet, south of the leased premises as illustrated on
Exhibit "A-1" attached hereto and made a part thereof. The
cost for the preferential use ramp is estimated at $362,207
of which $312,876 is anticipated from Federal Airport
Improvement Program funding and $49,331 is "local share" to
be provided by Lessor.
(g) Effective January 1, 1995, Lessee agrees to pay monthly
fees to Lessor sufficient to cover the principal and
interest costs of bonds issued by Lessor to fund its local
share. Calculation of said fees as shown in Exhibit B-1
attached thereto and made a part hereof is preliminary and
subject to adjustment when actual construction quantities
and costs and bond interest costs are known.
(h) Effective January 1, 1995, Lessee further agrees to pay
monthly fees for the maintenance and operation of the
expanded aircraft parking ramp, estimated at $10,000 per
year. The maintenance and operation component is subject
to annual adjustment based on review by Lessor of actual
expenses incurred in the prior year."
2. In Paragraph 4. (a), line 4, delete the words "non-exclusive" and
insert "preferential."
3. Except as specifically provided herein, the terms and conditions of
the Agreement heretofore entered into between the parties dated May
12, 1988, 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.
MILWAUKEE COUNTY
APPROVED: a municipal corporation
/s/__________________10/3/95 By /s/ Xxxxxx X. Xxxxx 10-5-95
Airport Director Date Xxxxxx X.Xxxxx
Director of Public Works
/s/__________________10/5/95 By /s/ Xxx Xxxxxx 10-5-95
Corporation Counsel Date Xxx Xxxxxx
County Clerk
LESSOR
MIDWEST EXPRESS AIRLINES, INC.
a Delaware corporation
By /s/ Xxxxxxx X. Xxxxxxxx
Xxxxxxx X. Xxxxxxxx
Title President
Date 9/22/95
By___________________________
Title________________________
Date_________________________
LESSEE
STATE OF WISCONSIN )
) ss
MILWAUKEE COUNTY )
Personally came before me this 5th day of October,
1995, the above named Xxxxxx X. Xxxxx, Director of Public Works 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/ Xxxxxx Xxxxxx
Notary Public, Milwaukee County, Wis.
My commission expires July 28, 0000
XXXXX XX XXXXXXXXX )
) ss
MILWAUKEE COUNTY )
Personally came before me this 5th day of October,
1995 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 County, Wis.
My commission expires October 20, 0000
XXXXX XX XXXXXXXXX )
) ss
COUNTY OF MILWAUKEE )
Personally came before me this 22nd day of September, 1995,
Xxxxxxx X. Xxxxxxxx, President,
______________________________________ _________________________________
(Name) (Title)
and _________________________________, _________________________________,
(Name) (Title)
of MIDWEST EXPRESS AIRLINES, INC., 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 2/29/96
