EXHIBIT 10.59
FIRST AMENDMENT TO LEASE
1. PARTIES
1.1 THIS AGREEMENT made as of the 30th day of September 1999 is, by and
between Cal-Harbor II and III Urban Renewal Associates L.P.
(hereinafter "Landlord") whose address is c/o Xxxx-Xxxx Realty
Corporation, 00 Xxxxxxxx Xxxxx, Xxxxxxxx, Xxx Xxxxxx 00000 and
Xxxxxxxxx, Lufkin & Xxxxxxxx Securities Corporation and DLJdirect
Holdings Inc. (hereinafter, collectively and jointly and severally,
"Tenant") whose address is Harborside Financial Center, Plaza III,
Xxxxxx Xxxx, Xxx Xxxxxx 00000.
2. STATEMENT OF FACTS
2.1 Landlord and Tenant entered into a Lease dated April 12, 1999
(hereinafter "Lease") setting forth the terms of occupancy by Tenant
of 100,815 rentable square feet on the fifth (5th) floor
(hereinafter "Premises") in the building known as Plaza II
(hereinafter "Building") in the office complex known as Harborside
Financial Center, Jersey City, New Jersey; and
2.2 The Term of the Lease is for 122 months with the Possession Date
being defined in Article 2 of the Lease as being subject to
determination in accordance with the terms thereof; and
2.3 It has been determined in accordance with the provisions of Article
2 of the Lease that June 15, 1999 is the Possession Date.
3. AGREEMENT
NOW, THEREFORE, in consideration of the Premises and the covenants
hereinafter set forth, Landlord and Tenant agree as follows:
3.1 The Possession Date is June 15, 1999, the Commencement Date of the
Term of the Lease is September 15, 1999, the Rent Increase Date is
November 15, 1999 and the Expiration Date is November 30, 2009,
subject to extension by reason of the exercise of the renewal option
contained in Article 44 of the Lease.
3.2 This Agreement is executed by the parties hereto for the purpose of
providing a record of the Possession, Commencement, Rent Increase
and Expiration Dates of the Lease.
3.3 Except as amended herein, the Lease covering the Premises shall
remain in full force and effect as if the same were set forth in
full herein and Landlord and Tenant hereby ratify and confirm all
the terms and conditions thereof.
3.4 This Agreement shall be binding upon and inure to the benefit of the
parties hereto and their respective legal representatives,
successors and permitted assigns.
3.5 Each party agrees that it will not raise or assert as a defense to
any obligation under the Lease or this Agreement or make any claim
that the Lease or this Agreement is invalid or unenforceable due to
any failure of this document to comply with ministerial requirements
including, but not limited to requirements for corporate seals,
attestations, witnesses, notarizations, or other similar
requirements, and each party hereby waives the right to assert any
such defense or make any claim of invalidity or unenforceability due
to any of the foregoing.
IN WITNESS THEREOF, Landlord and Tenant have hereunto set their
hands and seals the date and year first above written and acknowledge one
to the other they possess the requisite authority to enter into this
transaction and to sign this Agreement.
LANDLORD TENANT
Cal-Harbor II and III Urban DLJdirect Holdings Inc.
Renewal Associates L.P.
By: Xxxx-Xxxx Sub X, Inc., its
General Partner
By: By: /s/ Xxxxxxx X. Xxxxxxxxx
--------------------------- ------------------------------
Xxxx Xxx Xxxxxxxx, Name: Xxxxxxx X. Xxxxxxxxx
Vice President, Leasing Title: Director
NJ/PA Region
Xxxxxxxxx, Xxxxxx & Xxxxxxxx
Securities Corporation
By: /s/ Xxxxxx X. Xxxxxx
------------------------------
Name: Xxxxxx X. Xxxxxx
Title: S.V.P.
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STATE OF )
: ss.:
COUNTY OF )
On this _____ day of ___________, 1999, before me personally came
Xxxx Xxx Xxxxxxxx, to me known, who, being duly sworn by me, did depose and say
that he resides in ___________________________________, that he is the Vice
President, Leasing - NJ/PA Region, of Xxxx-Xxxx Sub X, Inc., the corporation
described in and which executed the above instrument on behalf of Cal-Harbor II
and III Urban Renewal Associates L.P., and that he signed his name thereto by
order of the board of directors of said corporation.
________________________________________
Notary Public
STATE OF )
: ss.:
COUNTY OF )
On this _____ day of __________, 1999, before me personally came
_________________to me known, who, being by me duly sworn, did depose and say
that he resides in _____________________, that he is the ______________________
of DLJdirect Holdings Inc., the corporation described in and which executed the
above instrument and that he signed his name thereto by order of the board of
directors of said corporation.
________________________________________
Notary Public
STATE OF )
: ss.:
COUNTY OF )
On this _____ day of ___________, 1999, before me personally came
__________________ to me known, who, being by me duly sworn, did depose and say
that he resides in ______________________________________ that he is the
_________________ of XXXXXXXXX, XXXXXX & XXXXXXXX SECURITIES CORPORATION, the
corporation described in and which executed the above instrument and that he
signed his name thereto by order of the board of directors of said corporation.
________________________________________
Notary Public
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