Amendment No. 18 to Airline Lease No. AC-865 between Milwaukee County and Midwest Express Airlines, Inc.

Summary

This amendment updates the existing lease agreement between Milwaukee County and Midwest Express Airlines, Inc. for the use of space at General Mitchell International Airport. It revises the specific areas and square footage assigned exclusively to the airline, including additional office, ticket counter, and gate hold room spaces, and adjusts the calculation of terminal rents accordingly. All other terms of the original lease remain unchanged. The amendment is effective as of April 1, 2000, and July 1, 2000, for the respective space changes.

EX-10.27 5 sdc102d.txt AMENDMENT 18 TO AIRLINE LEASE - MIDWEST EXPRESS 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 Mitchell 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: 2 "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 3 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/ David A. Novak - ------------------------------------------- ----------------------------- Airport Director Date David A. Novak Director of Public Works /s/ Corporation Counsel July 17, 2001 By: /s/ Mark Ryan - ------------------------------------------- ----------------------------- Corporation Counsel Date Mark Ryan County Clerk 4 AIRLINE Dated at Milwaukee, WI, this 28th day of June, 2001. MIDWEST EXPRESS AIRLINES, INC. a Wisconsin corporation By: /s/ Robert S. Bahlman ------------------------------- Robert S. Bahlman Title: Sr. Vice President ------------------------------- Date: June 28, 2001 ------------------------------- By: ------------------------------- Title: ------------------------------- Date: ------------------------------- STATE OF WISCONSIN ) ) ss MILWAUKEE COUNTY ) Personally came before me this 27th day of July, 2001, the above named David A. Novak, 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/ Carolyn Pucci-Schiel ------------------------------------- Notary Public, Milwaukee Co., Wis. My commission expires: 2-03-02 5 STATE OF WISCONSIN ) ) ss MILWAUKEE COUNTY ) Personally came before me this 27th day of July, 2001, the above named Mark Ryan, 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/ Lori Mueller ------------------------------------- Notary Public, Milwaukee Co., Wis. My commission expires: 10-19-03 STATE OF WISCONSIN ) ) ss COUNTY OF MILWAUKEE ) Personally came before me this 28th day of June, 2001, Robert S. Bahlman, Sr. 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/ Linda C. Snyder -------------------------------------- Notary Public, Linda C. Snyder ----------------------- My commission expires: January 2, 2005 --------------- 6