Exhibit 10.43
SECOND AMENDMENT TO LEASE
1.0 PARTIES
1.1 THIS AGREEMENT made the 12th day of May, 1992, by and between GROVE STREET
ASSOCIATES OF JERSEY CITY LIMITED PARTNERSHIP ("Landlord") whose address
is c/o Cali Associates, 00 Xxxxxxxx Xxxxx, Xxxxxxxx, Xxx Xxxxxx 00000 and
D.L.J. SECURITIES CORPORATION ("Tenant") whose address is 0 Xxxxxxxx
Xxxxx, Xxxxxx Xxxx, Xxx Xxxxxx 00000.
2.0 STATEMENT OF FACTS
2.1 The parties have previously entered into a Lease, First Amendment of the
Lease and side letter agreement executed in connection therewith, all
dated July 1, 1987 and a Side Letter Agreement dated June 19, 1989
(collectively, the "Lease") applicable to 297,545 of gross rentable square
feet of office space and 8,194 rentable square feet of storage space (the
"Premises") at 0 Xxxxxxxx Xxxxx, Xxx Xxxxxx ("Xxxxxxxx").
2.2 Tenant wishes to lease 1,800 additional rentable square feet of storage
space ("Storage Space").
2.3 The parties desire to amend certain terms of the Lease to reflect this
leasing of Storage Space as set forth below:
3.0 AGREEMENTS
NOW, THEREFORE, in consideration of the Premises and the covenants
hereinafter set forth, Landlord and Tenant agree as follows:
3.1 All capitalized and non-capitalized terms used in this Agreement which are
not separately defined herein but are defined in the Lease shall have the
meaning given to any such term in the Lease.
3.2 Landlord hereby leases to Tenant and Tenant hereby hires from Landlord,
approximately 1,800 rentable s.f. of Storage Space on the Mezzanine B
floor of the Building as shown cross-hatched on the attached Exhibit A.
3.3 The term applicable to the Storage Space shall commence on the Effective
Date (as hereinafter defined) and shall expire on the Expiration Date of
the Lease.
3.4 In addition to the fixed rent to be paid to Landlord by Tenant applicable
to the Premises as set forth in the Lease, Lessee shall pay Lessor, from
and after the Effective Date to July 13, 1994, fixed rent at the monthly
rate of ONE THOUSAND FIVE HUNDRED AND 00/100 DOLLARS ($1,500.00), from
July 14, 1994 to July 13, 1999, fixed rent at the monthly rate of ONE
THOUSAND EIGHT HUNDRED FORTY-SIX AND 50/100 DOLLARS ($1,846.50), from July
14, 1999 to July 13, 2004, fixed rent at the monthly rate of TWO THOUSAND
TWO HUNDRED FIFTEEN AND 50/100 DOLLARS ($2,215.50) and from July 14, 2004
to July 13, 2009, fixed rent at the monthly rate of TWO THOUSAND SIX
HUNDRED FIFTY-NINE AND 50/100 DOLLARS ($2,659.50). The fixed rent is
payable in advance, on the first day of each calendar month during the
term.
3.5 There shall be no increase in Tenant's Proportionate Share or Tenant's
Operational Proportionate Share as a result of Tenant's leasing of the
Storage Space.
3.6 The Effective Date of this Agreement shall be the day Landlord delivers
the Storage Space in the manner described in paragraph 3.7 herein.
3.7 The Storage Space shall be constructed by Landlord at its expense and
Landlord shall supply and install a floor-to-ceiling chain link fence used
as a demising wall, two (2) chain link gates with padlocks and standard
lighting for storage space. Landlord shall install upright sprinkler heads
to the existing sprinkler lines to the greatest height possible. The
source of electricity used for the Storage Space lighting fixtures shall
be through Tenant's electrical panel located on the Mezzanine B floor of
the Building.
EXCEPT as modified herein, the Lease dated July 1, 1987 and all amendments and
sideletters applicable thereto covering the Premises shall remain in full force
and effect and Tenant and Landlord hereby ratify and confirm all of the terms
and conditions thereof.
THIS AGREEMENT shall be binding upon and inure to the benefit of the parties
hereto and their respective legal representatives, successors and permitted
assigns.
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.
GROVE STREET ASSOCIATES OF DLJ SECURITIES CORPORATION
JERSEY CITY LIMITED PARTNERSHIP (Tenant)
(Landlord)
By: Grove Street Urban Renewal Corp.,
General Partner
By: /s/ Xxxxxx Xxxxxxxxx By: /s/ Xxxxxx Xxxxxx
-------------------------------- --------------------
Xxxxxx Xxxxxxxxx, Vice President
Its: Vice President
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EXHIBIT A
MEZZANINE "B"
0 XXXXXXXX XXXXX
XXXXXX XXXX, XX
[FLOOR PLAN OMITTED]
