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EXHIBIT 10.6.1
FIRST AMENDMENT TO LEASE
November 21, 2000
1. PARTIES
The parties to this First Amendment to Lease ("Amendment") are
XXXX/XXXX XXXXX, LLC, A CALIFORNIA LIMITED LIABILITY CORPORATION ("Landlord")
and ICX XXXXXXXXXXX.XXX ("Tenant").
2. RECITALS
2.1 On or about October 11, 2000, Lessor and Xxxxxx entered into that
certain lease ("Lease"), under the terms of which Lessor agreed to lease to
Lessee, for a period of three (3) years, the Premises located at 0000 Xxxxxx
Xxxx Xxxxx, Xxxxx X, Xxx Xxxxxxxx, XX. Suite S shall be herein referred to as
the "Existing Premises."
2.2 Lessor and Lessee desire to modify the Lease to add certain
additional space to the Premises and provide for modification of the Tenant's
rental obligations and the term of the Lease.
3. AMENDMENT
3.1 Premises. From and after the Effective Date as set forth in Section
5 below, the Premises as defined in Section 1.2 of the Lease shall be amended to
include Suite G as shown on the attached Exhibit "A" which has an approximate
floor area of 1,117 rentable square feet ("Additional Space"). Accordingly, the
total square footage of the Premises shall be amended to 3,018 rentable square
feet.
3.2 Term. The Lease term of the additional space shall be two (2)
years, ten (10) months and fourteen (14) days commencing January 1, 2001.
3.3 Minimum Rent. From and after the Effective Date, the Minimum Rent
as set forth in Section 1.5 of the Lease shall be amended as follows:
January 1, 2001 through November 14, 2001 $4,527.00 per month
November 15, 2001 through November 14, 2002 $4,677.90 per month
November 15, 2002 through November 14, 2003 $4,828.80 per month
3.4 Tenant's Possession of the Premises. Lessor shall tender advance
access to the Premises at least three (3) weeks prior to occupancy to install
wiring for telephone, computer network, electrical, etc. the cost of which shall
be borne by Tenant.
3.5 Janitorial. Notwithstanding anything to the contrary contained in
the Lease, Lessee shall be solely responsible for the janitorial and utility
services within Lessee's suite.
3.6 Condition of Premises. Xxxxxx accepts the Premises is "AS-IS"
condition except as set forth in 3.7 below and that Lessor warrants that the
HVAC, plumbing and electrical servicing the Premises are all in good working
condition on the Commencement Date.
3.7 Tenant Improvements. Lessor, at Lessor's sole cost and expense,
shall carpet the Premises with building standard carpet, color to be selected by
Lessee.
Any additional tenant improvements by the Lessee in the Premises shall be at
Xxxxxx's sole cost and expense. Xxxxxx agrees to submit any improvement plans
for the Premises to Lessor for prior approval, which will not be unreasonably
with held. Xxxxxx agrees to name the Lessor and its property management company,
Xxxx Investment Company, as additionally insured, and to supply Lessor with
copies of working drawings, contractor insurance & licenses, and any approved
City Permits for any tenant improvement work performed in the Premises.
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3.8 Security Deposit. Lessor is in possession of Xxxxxx's security
deposit in the amount of $3,041.60 from the Lease dated October 11, 2000 between
Lessor and Lessee. Lessee shall deposit an additional $1,787.20 with Lessor,
making the total security deposit $4,828.80.
3.9 Lessor's Right to Increase Security Deposit. If Lessee is in
default under this Lease more than three (3) times within any twelve-month
period, irrespective of whether or not such default is cured, then, without
limiting Lessor's other rights and remedies provided for in this Lease or at law
or in equity, the Security Deposit as set forth in Section 1.7(c) of the Lease
shall be increased by an amount equal to the greater of:
(a) Three (3) times the original Security Deposit
(b) Three (3) month's Base Rent, which shall be paid by Lessee to
Lessor forthwith on demand.
4. EXTENT OF AMENDMENT; CONFLICT
Except as expressly modified by this Amendment, the Lease and all of
the terms and provisions thereof shall remain in full force and effect through
the remainder of its term. To the extent of any conflict between the terms of
this Amendment and the terms of the Lease which arise following the Effective
Date, the terms of this Amendment shall govern and control.
5. EXECUTION; EFFECTIVE DATE
The modifications and terms and conditions contained herein shall be effective
January 1, 2001.
IN WITNESS WHEREOF, Xxxxxx and Xxxxxx have executed this Amendment to be
effective as of the Effective Date written above.
LESSOR: XXXX/ANAHEIM, LLC, a California limited liability company
By: /s/ XXXXX XXXXXXXXX Date: December 11, 2000
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Xxxxx Xxxxxxxxx, Manager
LESSEE: ICX Xxxxxxxxxxx.xxx
By: /s/ XXXX X. XXXXXX Date: November 28, 2000
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Xxxx X. Xxxxxx,
President/CEO and Chairman
By: /s/ XXXX X. XXXXXX Date: November 28, 2000
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Xxxx X. Xxxxxx, An Individual
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STANDARD OFFICE LEASE FLOOR PLAN
Xxxx Xxxxx Plaza
0000 Xxxxxx Xxxx Xxxxx
Xxx Xxxxxxxx, XX
Suite G
Approximately 1,117
rentable square feet
EXHIBIT A
