EXHIBIT 10.2
CONTRACT No. 38171
CLEVELAND HOPKINS INTERNATIONAL
AIRPORT
AMENDMENT NO. 3
to
AGREEMENT AND
LEASE
between
City of Cleveland,
Ohio
Lessor
and
Continental Airlines,
Inc.
Lessee
THIS
AMENDMENT NO. 3 TO AGREEMENT AND LEASE (“Third Amendment”) is entered into
this ____ day of ________, 2009 (“Effective Date”), by
and between the City of Cleveland (“City”), a municipal
corporation of the State of Ohio, acting by and through its
Director of Port Control (“Director”), pursuant to the
authority of Ordinance No. 1457-08, passed by the Council of the
City on November 10, 2008 and Continental Airlines, Inc., a
corporation organized and existing under the laws of the State of
Delaware and authorized to do business as a foreign corporation in
the State of Ohio (“Airline”), duly authorized by
resolution of its Board of Directors, represented herein by an
authorized officer.
RECITALS:
WHEREAS, the City owns and operates the Airport;
and
WHEREAS, the City and Airline are party to an Agreement
dated January 1, 1976 (the “Original Agreement”)
whereby the Airline operates at the Airport; and
WHEREAS, the City and Airline entered in to Amendment No.
1 to the Original Agreement effective January 1, 2006 to extend the
term of, and amend certain provisions of, the Original Agreement
(“Amendment No. 1”) and an Amendment No. 2 to the
Original Agreement dated April 1, 2007 to issue rent credits to
Airline (“Amendment No. 2”, together with the Original
Agreement and Amendment No. 1, the “Amended
Agreement”)); and
WHEREAS, the City and Airline wish to further amend the
Amended Agreement as set forth herein; and
WHEREAS, all capitalized terms contained herein and not
otherwise defined are used as defined in the Amended
Agreement.
NOW
THEREFORE, in
consideration of the foregoing, the payments and the mutual
promises contained herein, and other good and valuable
consideration, the receipt and sufficiency of which is hereby
acknowledged, and intending to be legally bound hereby, the parties
hereto represent, warrant, covenant and agree as
follows:
ARTICLE
I.
EXCLUSIVE LEASED PREMISES
The Exclusive
Leased Premises as described in Exhibit H to Amendment No. 1 are
hereby increased effective June 1, 1008 by approximately 6,302
square feet as set forth on Exhibit “A” attached hereto
and by this reference incorporated herein. Airline shall
pay an annual rental to the City fo
