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FIRST ADDENDUM
TO THE EAGLE COUNTY AIR TERMINAL CORPORATION
TERMINAL BUILDING LEASE
BETWEEN
EAGLE COUNTY AIR TERMINAL CORPORATION AND DELTA AIRLINES
This First Addendum to the Eagle County Air Terminal Corporation Terminal Building
Lease between Eagle County Air Terminal Corporation and Delta Airlines, Inc. (the
"Addendum") is effective as of the.M day ofb&,4atq 2007 by and between
EAGLE COUNTY AIR TERMINAL CORPORATION ("ECAT") and DELTA
AIRLINES, INC. ("Delta").
RECITALS
WHEREAS, ECAT and DELTA will be entering into a terminal building lease for a
thirty-six (36) month term beginning on December 1, 2006 ("Lease"); and
WHEREAS, at the time of entering into said Lease DELTA will be operating under
Chapter 11 of the U.S. Bankruptcy Code in a case filed September 14, 2005; and
WHEREAS, ECAT and DELTA desire to acknowledge such bankruptcy filing in the
Lease as more particularly set forth in the language hereunder:
NOW, THEREFORE, in consideration of the mutual covenants and agreements set
forth in the Lease and this Addendum, the adequacy of which is hereby acknowledged by
the parties to be sufficient, the parties agree to the additional bankruptcy provisions as
follows:
2. SPECIAL BANKRUPTCY PROVISIONS
A. The parties acknowledge that AIRLINE is a debtor and debtor -in -possession
under Chapter 11 of the U.S. Bankruptcy Code (the "Code") in a case filed September 14,
2005 (the "Petition Date") in the United States Bankruptcy Court for the Southern
District of New York, Chapter 11 Case No. 05-17923 (ASH) (the "Case").
CORPORATION and AIRLINE are parties to that certain Signatory Airline Type "C"
Terminal Building Lease between AIRLINE and CORPORATION dated as of May 29,
2001 (the "Prior Lease"). The parties acknowledge that this Lease, which has an
effective date after the Petition Date, replaces the Prior Lease and that the Prior Lease
will terminate as of the effective date of this Lease. Notwithstanding the execution of
this Lease, the parties acknowledge and agree that (i) AIRLINE shall have the right
pursuant to section 365 of the Code to reject the Prior Lease as a pre -petition obligation
(without also rejecting this Lease), and that any damages resulting from such a rejection
will be subject to the limitations set forth in sections 502(g) and 502(b)(6) of the Code;
(ii) execution of this Lease shall not affect CORPORATION's ability to file a proof of
M
claim against AIRLINE in the Case in connection with any default or loss to
CORPORATION under the Prior Lease for pre -petition obligations arising on or prior to
the Petition Date, or in connection with rejection of the Prior Lease, and (iii) if a proof of
claim is filed by CORPORATION against AIRLINE for such claims, AIRLINE shall
have the right to contest or otherwise object to such claims in accordance with Section
502 of the Code.
B. CORPORATION acknowledges and agrees that the commencement and
pendency of the Case (i) does not constitute an event of default or entitle
CORPORATION to exercise any of its remedies under Section 13 of this Lease and (ii)
does not constitute a "Filing" for purposes of Section 14.5 of this Lease.
All other terms and conditions of the Lease shall remain unchanged and in full force and
effect.
In WITNESS WHEREOF, the parties have executed this First Addendum on the date
first written above.
EAGLE COUNT TERMINAL DELTA AIRLI S, INC.
CORPORATI
By By
Name (0.Qf� C0.CnleA� - Name pPumc�A R• DvenHty
Title CJ.1 Title Il2Gtionhl N14eC ,, Pr�Da Cf
Date Date 11 `/ 69 }
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^,Delta
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Delta Air Lines, Inc.
Post Office Box 20706
Atlanta, Georgia 30320-6001
UPS EXPRESS
January 11, 2007
Bryan R. Treu, County Attorney
Office of the County Attorney — Eagle County
Eagle County Building
500 Broadway
Eagle, CO. 81631-0850
Dear Mr. Treu:
Enclosed is your agreement with Delta Air Lines, Inc. for Terminal Building Lease at
EGE. Please indicate your concurrence by initialing the changes, if any, and signing all
copies. The document(s) red -stamped "Delta Copy" are to be returned to:
Delta Air Lines, Inc.
P. O. Box 20706
Corporate Real Estate Sourcing, Dept. 877
Hartsfield Atlanta Intemational Airport
Atlanta, GA 30320
Should you have any questions, please contact me at (404) 714-3186. Thank you for
your assistance with this matter.
Enclosure(s)
Sincerely,
--
Pam Drenner �/7 0 X_
Regional Director
Corporate Real Estate
OFFICE OFTHE
COUNTYATTORNEY
(970) 328-8685
FAX: (970) 328-8699
www.eaglecounq.us
EAGLE COUMY
Delta Airlines, Inc.
Attn: Pam Drenner
PO Box 20706
Atlanta, GA 30320-6001
Re: Delta Airlines Terminal Building Lease
Dear Mrs. Drenner:
Enclosed for your file is an original Terminal Corporation Terminal Building Lease along with
an original First Addendum to the Eagle County Air Terminal Corporation Terminal Building
Lease between Eagle County Air Terminal Corporation and Delta Airlines.
If you have any questions or concerns please feel free to contact our office.
Rikki Vigil
Legal Secretary
Enclosure
Eagle County Building, 500 Broadway, P.O. Box 850. Eagle, Colorado 81631-0850