Exhibit 10.47
SIXTH AMENDMENT TO LEASE
1.0 PARTIES
1.1 THIS AGREEMENT made the 9th day of March, 1995, by and between GROVE
STREET ASSOCIATES OF JERSEY CITY LIMITED PARTNERSHIP ("Landlord") whose
address is c/o Cali Realty Corporation, 00 Xxxxxxxx Xxxxx, Xxxxxxxx, Xxx
Xxxxxx 00000 and XXXXXXXXX, XXXXXX & XXXXXXXX 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 Lease
and Side Letter Agreement executed in connection therewith, all dated July
1, 1987, a Side Letter Agreement dated June 19, 1989, a Second Amendment
to Lease dated March 12, 1992, a Third Amendment to Lease dated December
27, 1992, a Side Letter Agreement dated September 29, 1993, a Fourth
Amendment to Lease dated December 23, 1993 and a Fifth Amendment to Lease
dated May 1, 1994 (collectively, the "Lease") applicable to 338,954 of
gross rentable square feet of office space and 13,741 rentable square feet
of storage space (the "Premises") at 0 Xxxxxxxx Xxxxx, Xxx Xxxxxx
("Xxxxxxxx").
2.2 Tenant wishes to lease, on a temporary basis, approximately 794 rentable
square feet of storage space on the Mezzanine B floor of the Building.
2.3 The parties desire to amend certain terms of the Lease to reflect this
leasing of Temporary 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,
794 rentable s.f. of storage space in its "AS-IS" condition (except for
the work to be performed described in Paragraph 3.7 below) on the
Mezzanine B floor of the Building as shown shaded on the attached Exhibit
A (the "Temporary Storage Space").
3.3 The term applicable to the Temporary Storage Space shall be Month-To-Month
(the "Temporary Storage Space Term"). The Temporary Storage Space Term
shall commence on the earlier of (i) the date Landlord delivers possession
of the Temporary Storage Space to Tenant or (ii) April 1, 1995. The
Temporary Storage Space Term shall be deemed terminated effective midnight
on the last day of a calendar month following at least thirty (30) days
advanced written notice to one party by the other party.
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, Tenant shall pay Landlord
during the Temporary Storage Space Term fixed rent applicable to the
Temporary Storage Space at the monthly rate of EIGHT HUNDRED FOURTEEN AND
51/100 DOLLARS ($814.51). The fixed rent is payable in advance, on the
first day of each calendar month during the Temporary Space Term. The
first month's rent shall be prorated if the Commencement Date falls on a
day other than the first day of the month.
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
Temporary Storage Space.
3.6 Landlord makes no representation that the Temporary Storage Space is fit
for a particular purpose or use other than for storage of papers, boxes,
small business equipment, etc. Landlord shall give Tenant a key to the
Temporary Storage Space on the Commencement Date.
3.7 The demising chain link fence with entrance gate and lock shall be
constructed by Landlord
at Tenant's sole cost and expense prior to the Commencement Date.
3.8 Tenant's use and occupancy of the Temporary Storage Space during the
Temporary Storage Space Term shall be governed by all terms and conditions
of the Lease except where superseded by this Agreement or are
inapplicable.
EXCEPT as modified herein, the Lease dated July 1, 1987 and all amendments and
side letters 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 as if the same had been set forth in full herein.
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 XXXXXXXXX, XXXXXX & XXXXXXXX
JERSEY CITY LIMITED PARTNERSHIP SECURITIES CORPORATION
(Landlord) (Tenant)
By: Cali Sub IV, Inc.,
General Partner
By: /s/ Xxxxxx X. Xxxx By: /s/ Xxxxxx X. Xxxxxx
-------------------------------- -------------------------------
Xxxxxx X. Xxxx, President
Its: Vice President
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EXHIBIT-A
[FLOOR PLAN OMITTED]
3.7 Tenant's use and occupancy of the Second Temporary Storage Space during
the Second Temporary Storage Space Term shall be governed by all terms and
conditions of the Lease except where superseded by this Agreement or are
inapplicable.
EXCEPT as modified herein, the Lease dated July 1, 1987 and all amendments
and side letters 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 as if the same had been set forth in full herein.
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 XXXXXXXXX, LUFKIN & XXXXXXXX
JERSEY CITY LIMITED PARTNERSHIP SECURITIES CORPORATION
(Landlord) (Tenant)
By: Cali Sub IV, Inc.,
General Partner
By: /s/ Xxxxx Xxxx By: /s/ Xxxxxx X. Xxxxxx
----------------------------------- -------------------------------
Xxxxx Xxxx, Chief Operating Officer
Its: Vice President
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EXHIBIT A
[FLOOR PLAN OMITTED]
