EXHIBIT A
Item Number: ___5a____
Date of Meeting: 1/25/2011
MEMORANDUM OF LEASE TERMINATION
SIGNATORY LEASE AND OPERATING AGREEMENT
REPUBLIC AIRLINES dba MIDWEST AIRLINES
THIS MEMORANDUM OF LEASE TERMINATION (“Termination”) is made and
entered into as of January 31, 2011, by and between the Port of Seattle, a municipal corporation
of the State of Washington (“Port”), and Republic Airlines dba Midwest Airlines, a corporation
of the State of Indiana (“Airline”).
1. Port and Airline entered into that certain Signatory Lease and Operating
Agreement dated as of March 25, 2007 (“Lease”). The Lease covers a portion of that certain real
property and the improvements thereon located at Seattle-Tacoma International Airport, owned
and operated by the Port and more particularly described on Exhibit A attached hereto
(“Property”).
2. Airline’s Lease was in support of its affiliate airline arrangement with Midwest
Airlines. Midwest Airlines has ceased operations and Airline can no longer provide services on
behalf of Midwest Airlines. Airline has entered into an affiliate relationship with Frontier
Airlines, a Signatory Airline owned by Airline’s parent corporation. Frontier has agreed to take
over the premises covered by Airline’s Lease for use in its operations, including use by Airline
as Frontier’s affiliate. Accordingly, the parties wish to terminate the Lease prior to its date of
expiration (December 31, 2012), and in accordance with the terms and conditions more
particularly set forth in this Termination.
3. Airline and Port, for the reasons set forth above, confirm the termination of the
Lease and acknowledge that said Lease shall have no further force or effect. Airline hereby
remises, releases, and quitclaims to Port all right, title, and interest which Airline held or may
now hold in or to the Premises.
4. This Termination may be executed in any number of counterparts, each of which
shall be deemed an original and all of which, when taken together, shall be deemed to be one and
the same document. Signature pages may be taken from a counterpart and attached to other
counterparts to form one document, which shall constitute a fully executed agreement.
IN WITNESS WHEREOF, Port and Airline have caused their duly authorized representatives to
execute this Termination as of the date first written above.
PORT OF SEATTLE
a municipal corporation
By:
Name:
Title:
REPUBLIC AIRLINES, DBA MIDWEST AIRLINES
By:
Name:
Title:
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that ______________________ is the
person who appeared before me, and said person acknowledged that (he/she) signed this
instrument, on oath stated that (he/she) was authorized to execute the instrument and
acknowledged it as the _________________________ of the PORT OF SEATTLE, a municipal
corporation of the State of Washington, to be the free and voluntary act of such party for the uses
and purposes mentioned in the instrument.
SUBSCRIBED AND SWORN to before me this __________ day of
____________________, 20___.
Notary Public in and for the State of Washington,
residing at:___________________________
My Commission Expires: _______________
STATE OF ___________________ )
) ss.
COUNTY OF _________________ )
I certify that I know or have satisfactory evidence that ______________________ is the
person who appeared before me, and said person acknowledged that (he/she) signed this
instrument, on oath stated that (he/she) was authorized to execute the instrument and
acknowledged it as the _________________________ of _______________________, a
______________, of the State of _________________, to be the free and voluntary act of such
party for the uses and purposes mentioned in the instrument.
SUBSCRIBED AND SWORN to before me this __________ day of
____________________, 20___.
Notary Public in and for the State of ___________,
residing at:___________________________
My Commission Expires:______________
