Exhibit 10.1
FIRST AMENDMENT TO LEASE AGREEMENT
THIS FIRST AMENDMENT TO LEASE AGREEMENT (this "Amendment") is entered
into as of the 10th day of June, 1999 by and between NATIONAL FIRE PROTECTION
ASSOCIATION ("Landlord"), and DM MANAGEMENT COMPANY, a Delaware corporation
("Tenant").
RECITALS
A. Landlord and Tenant previously entered into a lease agreement dated
September 21, 1998 (the "Lease") pursuant to which Tenant leased from Landlord
the real property located in the building known as 4 Batterymarch Park (the
"Building") in the City of Quincy, Commonwealth of Massachusetts, described as
the fourth and fifth floors of the Building, consisting of approximately 60,500
rentable square feet (the "Initial Premises").
A. Landlord and Tenant desire to amend the Lease (i) to add 3,000
rentable square feet of additional space ("Storage Space") to the Initial
Premises, and (ii) otherwise as more particularly set forth herein.
AGREEMENT
NOW, THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties hereto, for themselves
and their respective successors and assigns, hereby covenant and agree as
follows:
1. The above recitals are incorporated herein by this reference.
2. Capitalized terms used and not otherwise defined in this Amendment
shall have the meaning ascribed to said term by the Lease.
3. Pursuant to the provisions of Section 2.3 of the Lease, the parties
hereby agree as follows:
(a) That portion of the Premises Rentable Area comprised of the
"Office Space" (as defined below) is hereby agreed to contain 63,943
square feet and that portion of the Premises Rentable Area comprised of
the Storage Space is hereby agreed to contain 3,000 square feet; and
(a) Based upon the foregoing, Section 1.1 of the Lease is hereby
amended by deleting the same and substituting therefore the
following:
Years 1 and 2 of the Term: $1,724,489.50 annually; $143,707.46 monthly
(based upon the $26.50 per square foot of Office Space per
annum and $10.00
per square foot of Storage Space per annum)
Years 3 and 4 of the Term: $1,788,432.50 annually; $149,036.04 monthly
(based upon $27.50 per square foot of Office Space per annum
and $10.00 per square foot of Storage Space per annum)
Years 5, 6 and 7 of the Term: $1,852,375.50 annually; $154,364.63
monthly (based upon $28.50 per square foot of Office Space per
annum and $10.00 per square foot of Storage Space per annum)
Years 8, 9 and 10 of the Term: $1,916,318.50 annually; $159,693.21
monthly (based upon $29.50 per square foot of Office Space per
annum and $10.00 per square foot of Storage Space per annum).
4. The parties hereby agree that the definition of "Building Rentable
Area" set forth in Section 1.3 (Additional Definitions) of the Lease, shall be
amended to mean 159,161 square feet.
5. Effective as of the date hereof (the "First Amendment Commencement
Date"), the Lease is hereby amended as follows:
5.1 The definition of "Premises Rentable Area" set forth in
Section 1.2 (Basic Data) of the Lease is hereby amended by inserting in
the second line of the definition immediately following the word
"Building" the following language:
"("Office Premises") and 3,000 rentable square feet located on the
ground floor ("Storage Space") (collectively, the "Premises"),"
5.2 The definition of "Permitted Uses" set forth in Section 1.2
(Basic Data) of the Lease is hereby amended by adding at the end
thereof the following language:
"The Storage Space shall be used for storage use only."
5.3 Exhibit FP attached to the Lease is hereby amended by adding
Exhibit FP-1 attached hereto and incorporated herein by this reference.
5.4 For the purpose of Article VIII (Real Estate Taxes) and
Article IX (Operating Expenses) of the Lease, the Premises shall be
deemed to include the Office Premises only and not the Storage Space.
6. Except as set forth in this Section 6, Tenant agrees to accept the
Storage Space in its "AS IS," broom clean condition as of the
Commencement Date without warranty of any kind. Prior to the
Commencement Date, Landlord shall deliver the Storage Space demised
with suspended strip lights, a sealed floor and heat.
7. Notwithstanding anything to the contrary contained herein, Section
4.2 of the Lease shall not apply to the Storage Space, including
without limitation, the Tenant Improvements Allowance set forth
therein.
8. The Lease is hereby modified and confirmed by Landlord and Tenant
and shall remain in full force and effect except as expressly amended
by the terms of this Amendment.
9. The terms of this Amendment shall control over any conflicts
between the terms of the Lease and this Amendment.
IN WITNESS WHEREOF, this Amendment has been executed as of the day
and year first written above.
LANDLORD:
In the presence of: NATIONAL FIRE PROTECTION ASSOCIATION,
INC.
By: /S/ XXXXX X. XXXXXXX
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Name:
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/S/ XXXXX XXXXXXX Title:
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Witness Date:
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TENANT:
In the presence of: DM MANAGEMENT COMPANY, a Delaware
Corporation
By: /S/ XXXX X. XXXXXX
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/S/ XXXXXX X. XXXXXX Name:
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Witness Title:
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Date:
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EXHIBIT "FP-1"
Storage Space
