EXHIBIT 10.07
FIRST AMENDMENT TO BUSINESS PROPERTY LEASE
THIS FIRST AMENDMENT TO BUSINESS PROPERTY LEASE is entered into this
_____ day of __________, 2003, between 99-MAPLE PARTNERSHIP ("Lessor") and WEST
TELEMARKETING CORPORATION ("Lessee").
RECITALS
Lessor and Lessee are parties to that certain Business Property Lease
dated as of September 1, 1994 (which Business Property Lease is referred to
herein as the "Lease"), pursuant to which Lessor leased to Lessee that certain
building commonly known as West 1, located at 0000 Xxxxx Xxxxxx in Omaha,
Nebraska and legally described on the survey attached to the Lease (the
"Premises"). The Lease is scheduled to expire on August 31, 2004, and Landlord
and Tenant wish to extend the term of the Lease, as hereinafter provided.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing premises, the mutual
covenants contained herein and other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, Lessor and Lessee
hereby agree as follows:
1. Lease Term. The term of the Lease shall be, and it hereby is,
extended through August 31, 2014.
2. Base Rent. Lessor and Lessee acknowledge and agree that the
total floor area of the Premises is 43,000 square feet. Consistent with the
foregoing, Section 2 of the Lease is hereby deleted in its entirety and replaced
with the following provision:
2. BASE RENT. In consideration of the foregoing demise,
the Lessee hereby covenants to perform the agreements hereby
imposed, and to pay the Lessor as base rental for said
premises the following amounts:
Lease Period Per Square Foot Annual Monthly
------------ --------------- ------ -------
September 1, 2004 to $15.50 $666,500.00 $55,541.67
September 1, 2009
September 1, 2009 to $17.00 $731,000.00 $60,916.67
September 1, 2014
Said base rental shall be payable monthly in advance, on the
first day of each successive month, at the office of 99-Maple
Partnership, c/o Xxxx X. Xxxx, 9746 Ascot Drive, Omaha,
Nebraska, or at such other place as the Lessor shall direct.
3. Triple Net Lease. Section 23 of the Lease is hereby deleted in
its entirety and replaced with the following provision:
23. TRIPLE NET LEASE. Lessee shall pay all real estate
and personal property taxes and assessments of any kind or
nature relating to the Premises prior to delinquency; shall
pay all utilities, sewer use fees and other similar charges
relating to the Premises; shall procure and keep in full force
and effect all fire, casualty, and liability insurance
policies for the Premises and shall pay all premiums therefor;
and shall provide and pay for all repairs and maintenance
relating to the Premises. It is the purpose and intent of
Lessor and Lessee that the base rental payable herein shall be
absolutely net to Lessor so that this Lease shall yield to
Lessor the base rental specified in each year during the term
of this Lease free of any real estate and property taxes,
special assessments, charges for utilities, repairs and
maintenance expense, and insurance premiums and Lessor shall
not be expected or required to pay any such taxes, utility
charges, assessments or insurance premiums and any and all
costs, expenses and obligations of any kind relating to the
repair and maintenance of the Premises, which may have arisen
or become due under the terms of this Lease shall be paid by
Lessee, and Lessor shall be indemnified and saved harmless by
Lessee from and against such charges, taxes, assessments,
costs, expenses and obligations of any kind whatsoever.
3. Continuing Effect. Subject only to the amendments expressly
set forth in this First Amendment to Business Property Lease, all terms and
conditions of the Lease continue in full force and effect.
IN WITNESS WHEREOF, this First Amendment to Business Property Lease has
been executed by the undersigned parties as of the date first set forth above.
LANDLORD: 99-MAPLE PARTNERSHIP,
By: /s/ Xxxx Xxxx
---------------------------------
Name: _____________________________________
Title: ______________________________
TENANT: WEST TELEMARKETING CORPORATION,
a Delaware corporation
By: /s/ Xxxxxx X. Xxxxxx
---------------------------------
Name: Xxxxxx X. Xxxxxx
Title: President & CEO
