1
Exhibit 10.21
SECOND AMENDMENT TO LEASE
This Second Amendment to Lease Agreement (hereinafter the "Second Amendment") is
made and entered into this 1st day of March, 1993, by and between the Equitable
Life Assurance Society of the United States, as "Landlord", and Rivendell of
America, Inc., as "Tenant".
Whereas, Landlord and Tenant entered into a certain Lease dated September 26,
1989, and as subsequently amended on February 21, 1990, by that "First Amendment
to Lease" (all hereinafter referred to as the "Lease"), providing for the demise
by Landlord to Tenant of office space in a certain office building now commonly
known and designated as 0000 Xxxx Xxx Xxxxxx, Xxxxxxxxx, Xxxxxxxxx (the
"Building"), all as more specifically set forth in the Lease; and
Whereas, Landlord and Tenant desire to expand the premises by 2,327 rentable
square feet (the "Expansion Space") located on the fifth floor of the East Wing
of the Building.
Now, therefore, in consideration of mutual covenants and undertakings
hereinafter set forth by and between the parties hereto, the Lease is hereby
Amended as follows:
1. Amendment of Article I. "Lessee" Section. Line 5 of the Section captioned
"Lessee" in Article I of the Lease shall be amended to provide the
following:
"approximately 15,801 rentable quare feet"
2. Amendment of Article II. "Net Rentable Area" Section. The Section captioned
"Net Rentable Area" of Article II of the Lease shall be amended to provide
the following:
"The Net Rentable Area of the Building shall, for all purposes, be
deemed to be 250,000 square feet, and the Net Rentable Area of the
Premises shall be deemed to be 15,801 square feet."
3. Amendment of Rider to Lease. "Base Rent" Section. The Section captioned
"Base Rent" in the Rider to Lease shall be amended to provide the
following:
"Tenant agrees to pay Landlord for the use of the Premises in lawful
money of the United States, Base Rent in accordance with the following
schedule:
Term Annual Monthly
---- ------ -------
03/01/93-10/31/94 $281,111.40 $23,425.95
The Base Rent specified above shall be paid in accordance with the
provisions of Article II of this Lese."
4. Tenant Improvements. Landlord shall provide the Expansion Space to Tenant
on an "As- Is, Where Is" basis. Tenant shall be responsible for all costs
associated with the refit and refurbishment of the Expansion Space
including but not limited to the construction, the
2
construction documentation, permitting, etc. All work shall be done with
Landlord's consent and supervision.
Notwithstanding the foregoing, should Tenant refit the Expansion Space at
its cost, Landlord will reimburse Tenant for such reasonable costs to refit
the Expansion Space if Tenant extends its Lease on 15,801 rentable square
feet beyond the current expiration date of October 31, 1994.
5. Definitions. Definitions and terms used in this Second Amendment shall have
the same definitions set forth in the Lease.
6. Incorporation. This Second Amendment shall be incorporated into and made a
part of the Lease and all provisions of this Lease not expressly modified
or amended shall remain in full force and effect.
In witness whereof, the parties hereto have executed this Second Amendment to
Lease Agreement by proper person thereunto authorize to do so on the day and
year first written above.
LANDLORD:
EQUITABLE LIFE ASSURANCE
SOCIETY OF THE UNITED STATES
by: _______________________________
its: ______________________________
TENANT:
RIVENDELL OF AMERICA, INC.
by: _______________________________
its: ______________________________
