1
EXHIBIT 10.13.4
MODIFICATION AND RATIFICATION OF LEASE
This Modification and Ratification of Lease Agreement is made and
entered into between Sterling Plaza Ltd., by Sterling Projects, Inc., General
Partner (Lessor or Landlord) and Xxxxxxx Oil Gas., L.P. (A Delaware Limited
Partnership) (Lessee or Tenant) for and in consideration of One Dollar ($1.00)
and other good and valuable consideration, receipt of which is hereby
acknowledged.
W I T N E S S E T H:
1. Lessor and Lessee hereby confirm and ratify, except as
modified below, all of the terms, conditions and covenants in that certain
written Lease Agreement dated May 21, 1992, between Lessor and Lessee, for the
rental of the following described property: Approximately 6,038 rentable square
feet of office space located at 0000 Xxxxxx Xxxx, Xxxxx 0000, Xxxxxx, Xxxxx
00000.
2. Lessor and Lessee agree that commencing upon occupancy the
square footage of the premises shall be increased to include the space shown on
the attached Exhibit "A" (Expansion Space) from 6,038 rentable square feet to
7,672 rentable square feet.
3. Lessor and Lessee agree that commencing upon occupancy the
monthly rental payments shall be increased from $7,170.00 to $9,110.38 with
expiration date to remain May 31, 1997. However, in accordance with paragraph
1.f. of that certain Lease Agreement dated May 21, 1992, tenant shall receive a
rental credit of $7,170.00 during months 8, 11, 14, 20, 26, 32, 38, 44 and 56,
leaving a rental balance due for each of those months of $1,940.38.
4. Lessor and Lessee hereby agree that such tenant finish
allowance in the total amount of $ 13,611.22 shall be first applied to the
construction and refurbishing cost of the Expansion Space. Any excess in this
tenant finish allowance over the actual construction and refurbishing costs of
the Expansion Space may be expended as tenant finish for existing space,
including the Expansion Space, or any additional space leased by Tenant through
July 31, 1993. Any excess not used by July 31, 1993 shall be applied as a full
or partial rental abatement on the Expansion Space commencing in month 20 and
continuing every 6th month thereafter until such excess is exhausted.
5. Lessor and Lessee hereby agree that Lessor shall provide four
(4) additional unreserved parking spaces at no additional cost to Lessee.
6. Lessor and Lessee hereby agree that all other terms and
conditions of the Lease Agreement shall remain the same.
Signed at Dallas, Texas, this 1st day of April, 1993.
LESSOR: Sterling Plaza Ltd., by
Sterling Projects, Inc., General Partner
BY: /s/ Xxxxx Xxxx
--------------------------------------------------
Xxxxx Xxxx
TITLE: Vice President
-----------------------------------------------
LESSEE: Xxxxxxx Oil & Gas, L.P.
(A Delaware Limited Partnership)
BY: /s/ Xxxx X. Xxxxxxx
--------------------------------------------------
Xxxx Xxxxxxx
TITLE: Vice President
-----------------------------------------------
