EXHIBIT 10.1
CONTRACT No. 38171
CLEVELAND HOPKINS INTERNATIONAL
AIRPORT
AMENDMENT NO. 2
To
AGREEMENT AND
LEASE
Between
City of Cleveland,
Ohio,
Lessor
And
Continental Airlines,
Inc.,
Lessee
THIS
AMENDMENT NO. 2 TO AGREEMENT AND LEASE (“Second Amendment”) is entered into
effective the 1 st day of April, 2007 (“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.
1328-08, passed by the Council of the City on October 6, 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 May 15, 1987 (“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”, together with the Original
Agreement 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.
RENT CREDIT
By execution of
this Amendment No. 2, the City and Airline agree that,
notwithstanding the terms of Section 7.01 of the Amended Agreement
that Airline shall be entitled to withhold the amount of $44,136.00
from the next scheduled payment of rent after the Effective date
hereof as a credit for the expenses incurred by Airline in
relocating its credit union office (Chartway Federal Cre
