LEASE
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STATE OF LOUISIANA
PARISH OF CALCASIEU
This agreement is entered into between The Calcasieu Marine National Bank
of Lake Xxxxxxx, ("Lessor"), whose mailing address is X.X. Xxx 0000, Xxxx
Xxxxxxx, Xxxxxxxxx 00000 and Mercury, Inc. ("Lessee") whose mailing address
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until commencement of this lease is One Lakeshore Drive, Suite 1495, Lake
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Xxxxxxx, Xx. 00000.
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WITNESSETH
I.
1.1 Leased Premises. Lessor hereby leases to Lessee and Lessee hereby
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leases from Lessor certain premises ("Leased Premises") know as Suite 1495 in
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the building known as the CM Tower, ("Building"), located at One Lakeshore
Drive, Lake Charles, Louisiana, on the block bounded by Mill, Xxx, Lakeshore,
Division and Front Streets. The Leased Premises are outlined and hatched on the
floor plan made a part hereof as Attachment "A", initialed by the parties.
Lessor may change the building name at any time.
The term "Rentable Area" as used herein shall mean that on each floor of
the Building on which the entire space rentable to tenants is or will be leased
to one tenant, the Rentable Area for such floor (hereinafter referred to as
"Single Tenant Floor") shall be the entire floor area measured from the inside
surface of the outer glass line of the Building to the inside surface of the
opposite outer glass line excluding all vertical penetrations (Building stairs,
vertical ducts, elevator shafts, flues, vents, stacks, and pipe shafts). All
the area on any Single Tenant Floor that is used for elevator lobbies,
corridors, special tenant stairways, restrooms, mechanical rooms, electrical
rooms, and telephone closets situated on such floor, and all vertical
penetrations that are included for special use by a Tenant, and columns and
other structural portions of the Building shall be included within the Rentable
Area of such floor.
On each floor of the Building on which space is or will be leased by more
than one tenant, the Rentable Area attributable to each such lease shall be the
total of (i) the entire floor area included within the leased premises covered
by such lease, being the floor area bounded by the inside surface of the
exterior glass lines enclosing the leased premises, the exterior of all walls
separating such leased premises from any public corridors or other public areas
on such floor and the centerline of all demising walls separating such leased
premises from other areas leased or to be leased to other tenants on such
floors, and (ii) a pro rata portion of the floor area covered by the elevator
lobbies, corridors, restrooms, mechanical rooms, electrical rooms, and telephone
closets situated on such floor.
1.2 For purposes of this Lease, the net rentable area ("NRA") of the Leased
Premises is agreed to be approximately 37,949 square feet (35,148 usable square
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feet) comprised of the following Suites:
a. Existing Leased Premises
Suite 1590 - 578 RSF ( 503 USF)
15 Equip. Room - 230 RSF ( 200 USF)
Suite 1470 - 503 RSF ( 437 USF)
Suite 135 - 505 RSF ( 439 USF)
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Total - 1,816 RSF ( 1,579 USF)
b. Leased Premises to be constructed
Suite 2000 - 10,255 RSF ( 8,917 USF)
Suite 1900 - 16,482 RSF (16,482 USF)
Suite 700 - 9,396 RSF ( 8,170 USF)
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Total - 36,133 RSF (33,569 USF)
The total NRA of the entire Building is agreed to be 372,798 square feet.
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II.
2.1 Term. The term of this Lease will be 60 months commencing on the 1st
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day of September, 1996, or upon occupancy, whichever is earlier, and ending on
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the 31st day of August, 2001. If Lessor is unable to give Lessee possession of
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the Leased Premises on the date provided above for commencement of the term, and
provided Lessee is not responsible for such delays, the rent will not begin
until the Leased Premises are available for occupancy, and the term of this
Lease will be extended for a period equal to the period of such delay in
availability. No such failure to make the Leased Premises available on the
commencement date of the term will affect the validity of this Lease or the
rights of the parties under this Lease, or subject Lessor to any liability.
SEE WORKLETTER (ATTACHMENT "E")
2.2 Holding Over. In the event of holding over by Lessee after expiration
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or termination of this Lease without the written consent of Lessor, Lessee shall
pay as liquidated damages double rent for the entire holdover period. No
holding over by Lessee shall operate to extend the Lease other than month to
month. In the event of any unauthorized holding over, Lessee shall also
indemnify Lessor against all claims for damages by any other Lessee to whom
Lessor may have leased all or any part of the premises effective upon the
termination of the Lease.
III.
3.1 As Base Rental, Lessee shall pay Lessor without deduction, abatement
or setoff, the sum of Thirty four thousand nine hundred forty four dollars and
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seventy cents ($34,944.70) on or before the first day of each calendar month of
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the lease term. If the Lease does not commence on the first day of a calendar
month or end on the last day of a calendar month the monthly installment of Base
Rental will be prorated. All rent more than ten (10) days in arrears shall bear
interest at a rate that is the maximum allowable by law from the first of the
month or the date due until paid. Any payment of interest shall also include the
rent due.
3.2 "Operating Expenses" as used herein shall mean all expenses, costs and
disbursements of every kind and nature (but not replacement of capital
investment items nor general office expense nor specific costs especially billed
to and paid by specific tenants nor rental commissions) which Lessor shall pay
in connection with the ownership and operation of the Building, computed on the
accrual basis, including but not limited to:
(a) wages and salaries of employees engaged in operation and maintenance
of the Building, including taxes, insurance and benefits relating thereto.
(b) supplies and materials used in operation and maintenance of the
Building.
(c) water, power, heating, lighting, air conditioning, and ventilating the
Building.
(d) maintenance and service agreements on equipment, including window
cleaning and elevator maintenance.
(e) casualty and liability insurance applicable to the Building and
Lessor's equipment required to operate or maintain the Building.
(f) taxes and assessments and other governmental charges attributable to
the Building or its operation whether Federal, State, Parish or Municipal and
whether the taxing body be presently existing or subsequently created; excluding
Federal and State taxes on income. Lessee shall be responsible for ad valorem
taxes on its personal property and on the value of leasehold improvements
exceeding standard building allowances.
(g) repairs and general maintenance, excluding the roof, foundation and
exterior walls, or paid by proceeds of insurance.
(h) reasonable fees for management of the Building.
(i) amortization of the cost of the capital improvement on items
primarily for the purpose of safety, saving energy or reducing operating costs
or which may be required by governmental
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authority. Such costs shall be amortized over each item's reasonable life or the
reasonable life of the Building, whichever is shorter.
3.3 If Operating Expenses for any calendar year of the Lease term exceed
Base Year 1996 Lessee shall pay Additional Rent computed by the following
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formula.
Lessee's NRA x (Operating Expenses exceeding Base Year 1996 x Total Building NRA
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total NRA)
Such Additional Rent shall be due within ten (10) days after Lessor bills
Lessee therefor. Thereafter, Lessor may xxxx Lessee each month for one-twelfth
(1/12th) of the estimated Additional Rent amount. In the event of such billing
Lessee shall pay such estimated Additional Rent contemporaneously with the Base
Rental on or before the first day of each calendar month, in advance. After the
end of the calendar year, Lessor shall compute the actual Additional Rental
using the formula above; if Lessee shall have overpaid, Lessor shall refund the
excess, but if Lessee shall have underpaid, Lessee shall pay the balance within
10 days after Lessor bills therefor. Operating expenses of less than $ Base Year
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1996 shall not cause a reduction in the Base Rental.
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If during any calendar year of the Lease, the occupancy of the office
rentable area of the Building averages less than ninety-five percent (95%), then
it is agreed that the Operating Expenses will be adjusted for such year so that
all such Operating expenses shall be computed as though the office rentable area
of the Building had been ninety-five percent (95%) occupied for such calendar
year. All such expense categories will be accounted for and reported in
accordance with generally accepted accounting principles.
3.4 Lessor may make supplemental rental charges to be paid with the
monthly Base Rental as authorized in sections 4.1 (d), 4.1 (h) and 6.1 below.
3.5 Examination of Records. Lessee and its authorized agent shall have
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the right to examine the records of Lessor pertinent to operating costs for the
purpose of verifying accuracy of any statement furnished by Lessor to Lessee.
Lessee's right to conduct such examinations shall be limited to one examination
with respect to each statement, which shall be made and completed within sixty
(60) days after such statement shall have been furnished to Lessee, and shall be
made at the offices of Lessor, at such times and on such days as are reasonably
convenient to Lessor and Lessee. Lessee may within 45 days following completion
of such examination give notice to Lessor disputing the amount and propriety of
any item appearing on or excluded from such statement, including any amounts of
additional rent or other charge alleged to be owing, and if Lessee shall fail to
give such notice within such period of 45 days, its right to dispute the same
shall conclusively be deemed waived.
IV.
4.1 Lessor services. As standard building services, Lessor will:
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(a) contract with all public utilities to furnish the utility services to
the Building;
(b) provide security for the Building during weekends and after normal
working hours;
(c) furnish water at points of supply provided for general use of tenants;
(d) provide central heat and air conditioning in season, at such
temperature and in such amounts as are considered by Lessor to be standard
during normal business hours. Normal business hours shall be defined as Monday
through Friday 7:00 a.m. to 6:00 p.m. and Saturdays from 8:00 a.m. to 1:00 p.m.,
(holidays excepted). Such service during weekdays beyond normal business hours,
on Saturday afternoons, Sundays (and holidays) to be furnished only upon request
of Lessee, who shall bear the then standard Building
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charge. Standard Building charge for after hour air conditioning use shall be
defined as $2.75 per hour when the central plant is in operation and $35.00 per
hour when the central plant is not in operation. Such charges are subject to
change based on actual increases in electrical company rates.
(e) maintain all public areas and special service areas of the Building
and Parking Garage in the manner and to the extent deemed by Lessor to be
standard;
(f) provide elevators for access to and egress from the Building floors on
which the Leased Premises are situated;
(g) furnish janitor service on a five (5) day week basis; provided,
however, if Lessee's floor covering or other improvements (not building
standard) cause additional cleaning cost, Lessee will pay such cost monthly as
additional rent;
(h) furnish electrical facilities and power for typewriters, calculators,
personal computers, printers, photo copying equipment and other machines of
similar low electrical consumption as are normally a part of businesses
operating in a class "A" office building in Lake Charles, Louisiana. However,
Lessor may meter and xxxx monthly for the estimated additional power cost for
electricity required for equipment requiring special air conditioning needs and
special electrical wiring.
(i) provide all building standard fluorescent bulb replacement in public
areas, restroom areas and stairwells; Lessee shall pay for bulb replacement in
the Leased Premises.
(j) furnish Lessee two (2) keys for each corridor door entering the Leased
Premises. Additional keys will be furnished by Lessor at a charge of $2.00 per
key on an order signed by Lessee's authorized representative. All keys shall
remain the property of Lessor. No additional locks shall be allowed on any door
of the Leased Premises without Lessor's permission, and Lessee shall not make,
or permit any duplicated keys to be made, except those furnished by Lessor. Upon
termination of this Lease, Lessee shall surrender to Lessor all keys of the
Leased Premises, and give to the Lessor the explanation of the combination of
all locks for safes, safe cabinets and vault doors, if any, left in the Leased
Premises;
(k) at Lessee's cost provide and install signs with letters and numerals
in Building standard graphics as requested by Lessee and no others shall be
permitted on the Leased Premises. Lessee may not paint, place or display any
sign, advertisement, placard or other graphics visible from the exterior of the
building, or from the corridors or lobby without Lessor's approval, which will
not be unreasonably withheld.
(l) provide access to and use of Building Stairs between the Leased
Premises provided such use does not interfere with the use of Lessor;
(m) provide repairs and general maintenance of the Leased Premises and the
Building and Parking Garage;
(n) provide casualty and liability insurance applicable to the Building
and Lessor's non-banking areas;
(o) pay taxes, assessments and other governmental charges attributable to
the Building or its operation whether Federal, State, Parish or Municipal and
whether the taxing body be presently existing or subsequently created;
(p) incur the cost of capital investments on items primarily for the
purpose of safety, saving energy or reducing operating cost or which may be
required by governmental authority.
4.2 No interruption or malfunction of any of such services shall
constitute an eviction or disturbance of Lessee's use and possession of the
Leased Premises or Building or a breach by Lessor of any of its obligations
hereunder or render Lessor liable for damages or entitle Lessee to be relieved
from any of its obligations hereunder (including the obligation to pay rent) or
grant Lessee any right of set-off, unless after notice by Lessee of such
interruption or malfunction, Lessor fails to use reasonable diligence to restore
such service.
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V.
5.1 Lessee's Obligations. Lessee covenants and agrees it will cooperate
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with and adhere to the provisions set forth in Attachment "B" (Rules and
Regulations) of this lease agreement.
5.2 Care of the Leased Premises. Lessee shall not commit or allow any
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waste or damage to the Leased Premises, and at the termination of this lease,
Lessee shall deliver up said Leased Premises to Lessor in as good condition as
at date of possession by Lessee, ordinary wear and tear excepted.
5.3 Removal of Property. Lessee may remove its trade fixtures, office
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supplies and movable office furniture and equipment not attached to the Building
provided: (1) such removal is made prior to the termination of this lease; (2)
Lessee is not in default of any obligation or covenant under this Lease at the
time of such removal; and (3) Lessee promptly repairs all damage caused by
removal. All other property left at the Leased Premises and any alteration or
addition to the Leased Premises (including wall-to-wall carpeting, paneling or
other wall covering) and any other articles attached or affixed to the floor,
wall or ceiling of the Leased Premises shall become the property of Lessor and
shall remain upon and be surrendered with the Leased Premises as part thereof at
the termination of this Lease, Lessee hereby waiving all rights to any payment
or compensation therefor. If, however, Lessor so requests in writing, Lessee
will, at its expense, promptly remove any and all fixtures, equipment and
property placed or installed by it in the Leased Premises and repair any damage
caused by such removal.
5.4 Alterations, Additions, Improvements. Lessee shall make no
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alterations, improvement, repair, replacement or addition to the Leased Premises
without the prior written consent of Lessor which will not be unreasonably
withheld. Consent shall be conditioned upon Lessee's contractors, laborers,
material-men and others working in harmony and not interfering with any labor
utilized by Lessor or by any other Lessee's contractors or mechanics; and if at
any time such entry by one or more persons furnishing labor or material for
Lessee's work shall cause disharmony or interference, the consent granted by
Lessor may be withdrawn upon eight (8) hours written notice delivered to Lessee
or to the person in charge of the work at time of delivery.
5.5 Entry for Repairs and Inspection. Lessee shall, permit Lessor or its
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agents to enter any part of the Leased Premises at reasonable hours to inspect
same, clean or make repairs, alterations or additions thereto, as Lessor may
deem necessary or desirable, and Lessee shall not be entitled to any abatement
or reduction of rent by reason thereof.
5.6 Repairs by Lessee. Lessee shall, at its own expense, repair or replace
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any damage or injury done to the Building, caused by Lessee or Lessee's agent,
employees, invitees or visitors and not covered by Lessor's insurance; provided,
however, if Lessee fails to make such repairs or replacement promptly Lessor
may, at its option, make such repairs or replacements and Lessee shall repay the
cost thereof to the Lessor on demand.
5.7 Use and Violations of Insurance Coverage. Lessee shall use the Leased
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Premises only for business office space, and not for any business which is
unlawful, disreputable or deemed to be extra hazardous on account of fire.
Lessee shall not do or permit anything to be done which would increase the rate
for Lessor's fire and extended coverage insurance.
5.8 Nuisance. Lessee shall conduct its business and control its agents,
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employees, invitees and visitors so as not to create any nuisance, or interfere
with, annoy or disturb Lessor or any other tenant.
5.9 Laws and Regulations-Rules of Building. Lessee shall comply with all
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laws, ordinances, orders, rules and regulations (State, Federal, Parish,
municipal and other agencies or bodies having any jurisdiction thereof) relating
to the use, condition or occupancy of the Leased Premises. Lessee will comply
with written rules of the Building adopted by Lessor from time to time for the
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safety, care and cleanliness of the Leased Premises and for preservation of good
order therein as specified in Attachment "B" of this Lease.
5.10 Estoppel Certificate or Three Party Agreement. At Lessor's request,
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Lessee shall execute either an estoppel certificate addressed to Lessor's
mortgagee or a three-party agreement among Lessor, Lessee and such Mortgagee
certifying facts and agreeing to such notice provison and other matters as such
Mortgagee may reasonably require in connection with Lessor's financing.
5.11 Liability and Indemnity. Lessee and Lessor agree to indemnify and
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hold each other harmless from all claims (including costs and expenses of
defending against such claims) for any injury or damage to any person or the
property of any person occurring during the term of this lease in or about the
Leased Premises or Building arising from any negligent or intentional act or
omission of each other's agents, employees, licensees, contractors, customers,
clients, visitors or invitees, for which such indemnifying party would be
directly or vicariously liable. Lessor and Lessee shall not be liable to each
other or their agents, employees, licensees, invitees, customers, clients or
visitors for any damage to person or property resulting from any act, omission,
or negligence of any co-Lessee, visitor or other occupant of the Building.
VI.
6.1 Parking. During the term of this Lease, Lessee shall have the right
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to use, rent free, parking for at least thirty eight (38) car/s in accordance
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with the parking ratio of one free space per 1,000 square feet of Net Rentable
Area with one per 750 square feet guaranteed in Lessor's adjacent Parking
Garage. Thirteen (13) of these spaces may be designated "Reserved". In addition
Lessee may have the right to use, rent free, parking for the remainder of its
employees in the parking garage on an availability basis until Lessor builds an
additional surface lot. At that time, Lessee will have the option to park these
additional vehicles in the surface lot free of charge or remain in the garage at
a charge of $17.50 per space per month. Lessor may designate from time to time
the area within which each such car may be parked. Lessor may make, modify and
enforce the rules and regulations relating to the parking of automobiles in the
Parking Garage, and Lessee will abide thereby. Parking rates for any additional
spaces shall be at Lessor's sole discretion.
VII.
7.1 Peaceful Enjoyment. Lessee shall, and may peacefully have, hold and
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enjoy the Leased Premises, provided that Lessee pays all rental and other sums
to be paid and performs all of Lessee's covenants and agreements. This lease
does not grant any rights to light, view or air over adjacent property, so that
any diminution or shutting off of light, view or air by any structure which
may be erected adjacent to the Building shall in no way affect this lease or
impose any liability upon Lessor.
Lessor shall not be responsible for the non-observance or violation by any
other lessee, or employees, agents or visitors of other lessees, of the terms of
the lease granted to such other lessee, nor for any resulting damage.
VIII.
8.1 Assignment or Sublease. Lessee may not assign this Lease or sublease
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the Leased Premises or any part thereof or mortgage, pledge or hypothecate its
leasehold interest or grant any concession or license within the Leased Premises
without the prior express written consent of Lessor, which may not be
unreasonably withheld. Notwithstanding any such consent, Lessee will remain
liable in solido with each approved assignee or sublessee who shall also
automatically become liable in solido for all obligations of Lessee hereunder;
and Lessor may enforce the provisions of this instrument directly against Lessee
and/or any assignee or sublessee without proceedings in any way against any
other person. If the rent payable by sublessee under any such permitted sublease
(or a
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combination of the rent payable under such sublease plus any bonus or other
consideration therefor or incident thereto) exceeds the rent payable under this
Lease for the portion of the premises involved, then Lessee shall be obligated
to pay Lessor all such excess rental and other consideration within ten (10)
days following payment by the sublessee, assignee, licensee or other transferee.
8.2 Assignment by Lessor. Lessor may transfer and assign, in whole or in
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part, all or any of its rights and obligations hereunder and in the Building and
property referred to herein; and in such event in which its transferee assumes
Lessor's obligations hereunder, no further liability or obligation shall
thereafter accrue against Lessor hereunder.
IX.
9.1 Limitation of Lessor's Personal Liability. Lessee specifically agrees
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to look solely to Lessor's interest in the Building for the recovery of any
judgement from Lessor, it being agreed that Lessor shall never be personally
liable for any such judgement. The Provision contained in the foregoing sentence
is not intended to, and shall not, limit any right that Lessee might otherwise
have in connection with enforcement or collection of amounts which may become
owing or payable under or on account of insurance maintained by Lessor.
9.2 Liability Insurance. Lessee, at its expense, is required to carry,
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for the protection of the Lessee, Lessor and Lessor's agent, as their interests
may appear, Comprehensive General Liability Insurance with limitation of not
less than $1,000,000.00 combined single limit per occurrence covering any
accidents for which Lessee is legally liable, with a responsible insurance
company qualified to do business in the State of Louisiana, copy of certificates
of insurance to be furnished Lessor upon request.
Lessee shall provide Lessor with thirty (30) days notice of cancellation.
9.3 Damages From Certain Causes. Lessor shall not be liable or responsible
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to Lessee, its employees or invitees for any loss or damage to any property or
person occasioned by burglary, theft, fire, malfunction or failure of mechanical
systems (including but not limited to plumbing, electrical, sprinkler, air
conditioning, heating, lighting, etc.), act of God, public enemy, injunction,
riot, strike, insurrection, war, court order, requisition or order of
governmental body or authority, or for damage or inconvenience which may arise
through repair or alteration of any part of the Building, or failure to make
repairs.
X.
10.1 Subordination to Mortgage. This lease will be subject and subordinate
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to any mortgage which may now or hereafter encumber the Building. This clause
shall be self-operative and no further instrument of subordination need be
required by any mortgagee. In confirmation of such subordination, however,
Lessee shall at Lessor's request execute promptly any appropriate certificate or
instrument that Lessor may request. In the event of the enforcement of such
mortgage, Lessee will, upon request of the party succeeding to the interest of
Lessor as a result of such enforcement, automatically become the Lessee of such
successor in interest without change in the terms of this Lease; provided,
however, that such successor in interest shall not be bound by (i) any payment
of rent or additional rent for more than one month in advance except
prepayments in the nature of security for the performance by Lessee of its
obligations under this Lease or (ii) any amendment or modification of this Lease
subsequent to the mortgage, made without the written consent of the mortgagee.
XI.
11.1 Eminent Domain. If there shall be taken by eminent domain during the
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term of this Lease any substantial part of the Leased Premises or Building,
Lessor or Lessee may elect to terminate this Lease. If the Lease continues in
effect, the rental shall be
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reduced in proportion to the area of the Leased Premises so taken and Lessor
shall repair any damage to the Leased Premises or Building resulting from such
taking.
11.2 All sums awarded or agreed upon between Lessor and the condemning
authority for the taking of the interest of Lessor or Lessee, whether as damages
or as compensation, will be the property of Lessor, including without limitation
any so-called leasehold advantage, but excluding any compensation for
improvements made at Lessee's expense.
11.3 If this Lease should be terminated under any provision of this
paragraph, rent shall be payable to the date that possession is taken by the
taking authority, and Lessor will refund to Lessee any prepaid unaccrued rent
less any sum then owing by Lessee to Lessor.
XII.
12.1 Fire or Other Casualty. During the term of this Lease, Lessor will be
----------------------
responsible for obtaining and maintaining adequate insurance of not less than
80% of full replacement costs, insuring the total building against loss by
reason of fire, tornado, windstorm or other casualty, and shall furnish Lessee
with the evidence of such insurance upon Lessee's request.
If at any time during the lease term, the Leased Premises or any
substantial portion of the Building shall be damaged or destroyed by fire or
other casualty, then Lessor shall repair and reconstruct the Leased Premises and
Building to the condition in which they existed immediately prior to such damage
or destruction, provided however that Lessor may terminate this lease by notice
to Lessee within 30 days after Lessor's receipt of the first offer from its
insurer or within 60 days after the date of the loss, whichever occurs sooner,
if the insurance proceeds from the loss, plus the deductible provided in the
fire insurance policy, equal less than 95% of cost of the repair and
reconstruction.
In any such circumstances, rental shall xxxxx proportionately during the
period and to the extent that the Leased Premises are unfit for use by Lessee in
the ordinary conduct of its business. If Lessor is required or has elected to
repair and restore the Leased Premises, this Lease shall continue in full force
and effect and such repairs will be made within a reasonable time thereafter,
subject to delays arising from shortages of labor or material, acts of God, war
or other conditions beyond Lessor's reasonable control. In the event that this
Lease is terminated as herein permitted, Lessor shall refund to Lessee the
prepaid rent (unaccrued as of the date of damage or destruction) less any sum
then owing Lessor by Lessee. If Lessor has elected to repair and reconstruct the
Leased Premises, then the lease term shall be extended by a period of time equal
to the period of such repair and reconstruction.
12.2 Should the annual premiums paid by Lessor exceed the standard rates
because Lessee's operations, contents of the Leased Premises, or improvements
with respect to the Leased Premises beyond building standard, result in
extra-hazardous exposure, Lessee shall promptly pay the excess amount of the
premium upon request by Lessor.
12.3 Lessee shall maintain at its expense fire and extended coverage
insurance on all of its personal property, including removable trade fixtures,
located in the Leased premises and on all additions and improvements made by
Lessee not required to be insured by Lessor.
12.4 Waiver of Subrogation Rights. Lessor and Lessee each hereby releases
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the other and waives any and all rights of recovery, claim, action or cause of
action, any loss or damage that may occur to the premises hereby leased or any
improvements thereto, or the Building, or any improvements thereto, or any
personal property of either party therein, by reason of fire, the elements, or
any other cause which could be insured against the terms of standard fire and
extended coverage insurance policies regardless of cause or origin, including
negligence of the other party hereto, its agents, officers or employees, and
covenants that no insurer shall hold any right of subrogation against such other
party.
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XIII.
13.1 Default by Lessee. Each of the following acts or omissions of
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Lessee or occurrences shall constitute an "Event of Default":
(1) Failure to pay rent or to perform or observe any other covenant or
condition of this lease by Lessee within ten (10) days following
written notice to Lessee of such failure.
(2) Abandonment or vacating of the Leased Premises or any significant
portion thereof.
(3) The filing or execution or occurrence of: a petition in bankruptcy or
other insolvency proceeding by or against Lessee; or a petition or
answer seeking relief under any provision of Bankruptcy Act; or an
assignment for the benefit of creditors; or a petition or other
proceeding by or against the Lessee for the appointment of a trustee,
receiver or liquidator of Lessee or any of Lessee's property; or a
proceeding by and governmental authority for the dissolution or
liquidation of Lessee.
13.2 Remedies upon Default. Upon the occurrence of any Event of Default,
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Lessor has the option, in addition to any other remedy or right given hereunder
or by law, to do any one or more of the following:
(1) Terminate this Lease, in which event Lessee shall immediately
surrender possession of the Leased Premises to Lessor.
(2) Enter upon and take possession of the Leased Premises and expel or
remove Lessee and any other occupant therefrom, with or without having
terminated the lease.
(3) Alter locks and other security devices at the Leased Premises.
Exercise by Lessor of any one or more remedies hereunder granted or otherwise
available shall not be deemed to be an acceptance or surrender of the Leased
Premises by Lessor, whether by agreement or by operation of law, it being
understood that such surrender can be effected only in accordance with this
written agreement of Lessor and Lessee. No such alteration of security devices
and no removal or other exercise of dominion by Lessor over the property of
Lessee or others at the Leased Premises shall be deemed unauthorized or
constitute a seizure of conversion, Lessee hereby consenting, after any Event of
Default, to such exercise of dominion over Lessee's property within the
Building. All claims for damages by reason of such re-entry and/or repossession
and/or alteration of locks or other security devices are hereby waived, as are
all claims for damages by reason of any seizure, sequestration proceeding or
other legal process.
13.3 If Lessor elects to terminate the Lease by reason of an Event of
Default, then notwithstanding such termination, Lessee shall be liable for and
shall pay Lessor the sum of all rent and other indebtedness accrued to the date
of such termination, plus, as damages, an amount equal to the value of the rent
reserved hereunder for the remaining portion of the original lease term.
13.4 If Lessor elects to repossess the Leased Premises without terminating
the Lease, all rent and other indebtedness accrued to the date of such
repossession, plus rent required to be paid by Lessee to Lessor during the
remainder of the lease term shall immediately become due and payable, and Lessor
may immediately bring action to collect such amounts then due without waiting
until expiration of the lease term, provided that any net sums thereafter
received by Lessor through reletting the Leased Premises during said period
(after deducting expenses incurred by Lessor as provided in 13.5), shall be
applied against the total indebtedness of Lessee or Lessor. In no event shall
Lessee be entitled to any excess of any rent obtained by reletting over and
above the rent herein reserved.
13.5 In case of an Event of Default, Lessee shall also be liable for and
shall pay to Lessor in addition to any sum provided
9
for above: broker's fees incurred by Lessor in connection with reletting the
whole or any part of the Leased Premises; the cost of removing and storing
Lessee's or other occupant's property; the cost of repairing, altering,
remodeling or otherwise putting the Leased Premises into condition acceptable to
a new tenant or tenants; and all reasonable expenses incurred by Lessor in
enforcing Lessor's remedies, including reasonable attorney's fees. Past due rent
and other past due payments shall bear interest from maturity at twelve percent
(12%) per annum (or such lower rate as may be required to comply with the usury
laws of Louisiana), until paid.
13.6 In the event of termination or repossession of the Leased Premises for
an Event of Default, Lessor shall not have any obligation to relet or attempt to
relet the Leased Premises, or any portion thereof, or to collect rental after
reletting; and in the event of reletting, Lessor may relet the whole or any
portion of the Leased Premises for any period, to any tenant, and for any use
and purpose.
13.7 If Lessee should fail to make payment or cure any default hereunder
within the time herein permitted, Lessor, without being under any obligation to
do so and without thereby waiving such default, may make such payment and/or
remedy such other default for the account of Lessee (and enter the Leased
Premises for such purpose), and thereupon Lessee shall be obligated to, and
hereby agrees, to pay Lessor, upon demand, all costs, expenses and disbursements
(including reasonable attorney's fees) incurred by Lessor in taking such
remedial action.
13.8 In the event of any such default by Lessor, Lessee may give Lessor
written notice specifying such default with particularity, and Lessor shall
thereupon have thirty (30) days in which to cure any such default, or to take
reasonable action designed to cure the same, if such default, cannot be cured
within thirty (30) days from the date of such notice to cure the default. Unless
and until such notice is given and Lessor fails to so cure or take reasonable
action designed to so cure any default after such notice, Lessee shall not have
any remedy or cause of action by reason thereof. All obligations of Lessor
hereunder will be construed as covenants, not conditions; and all such
obligations will be binding upon Lessor only during the period of its possession
of the Building and not thereafter.
13.9 In the event of the transfer by Lessor of its interest in the
Building, Lessor shall thereupon be released and discharged from all covenants
and obligations of the Lessor thereafter accruing if such covenants and
obligations shall be binding during the lease term upon the new transferee.
13.10 Non-Waiver. Neither acceptance of rent by Lessor nor failure by
----------
Lessor to complain of any action, non-action or default of Lessee shall
constitute a waiver of any of Lessor's rights hereunder. Waiver by Lessor of any
right for any default of Lessee shall not constitute a waiver of any right for
either a subsequent default of the same obligation or any other default. Receipt
by Lessor of Lessee's keys to the Leased Premises shall not constitute an
acceptance of surrender of the Leased Premises.
13.11 All rights and remedies under this Lease shall be cumulative and none
shall exclude any other rights or remedies allowed by law, except as otherwise
specified in this Lease.
XIV. MISCELLANEOUS
14.1 Successors and Assignees. This Lease shall be binding upon and inure
------------------------
to the benefit of the successors and assigns of the Lessor, and shall be binding
upon and inure to the benefit of Lessee, its successors, and to the extent
assignment may be approved by Lessor hereunder, Lessee's assigns.
14.2 Louisiana Law Applies. This lease is declared to be a Louisiana
---------------------
contract, and all of the terms thereof shall be construed according to the laws
of the State of Louisiana. Lessee hereby agrees that the State District Court of
Calcasieu Parish shall have jurisdiction over suits arising out of this
contract.
14.3 Should any provisions of this lease be illegal, invalid, or
unenforceable, under present or future laws effective during the
10
term hereof, the remainder of this Lease shall not be affected thereby; (and in
lieu of each provision there shall be substituted a clause as similar in terms
to such invalid provision as may be possible and be legal, valid and
enforceable). However, should any law, governmental regulation, or judicial
interpretation thereof, come into force which shall prevent the exercise of any
substantial right hereunder, the party whose right is so affected may terminate
this Lease 90 days after written notice of termination to the other party.
14.4 Alteration. This Lease may not be altered, changed or amended, except
----------
by a written instrument in writing, signed by both parties hereto.
14.5 Force majeure. Should either party hereto be delayed, hindered or
-------------
prevented from the performance of any act required hereunder by reason of
strike, lock-out, labor trouble, inability to procure materials, failure of
power, restrictive governmental laws or regulations, riot, insurrection, war or
other reason of like nature not the fault of the party delayed, then performance
of such act shall be excused for the period for performance and shall be
extended for period equivalent to the period of such delay.
14.6 Notices. All notices and demands which may or are required to be given
-------
by either party to the other hereunder shall be in writing and shall be deemed
to have been fully given 5 business days after being deposited in the United
States mail, certified or registered, postage prepaid, and addressed as follows:
to Lessee at the address specified in the following: One Lakeshore Drive, Suite
--------------------------
1495, Xxxx Xxxxxxx, Xx, 00000 or to such other place as Lessee may from time to
-----------------------------
time designate in a notice to Lessor; to Lessor at the following address:
Property One, Inc., CM Tower, Xxx Xxxxxxxxx Xxxxx, Xxxxx 000, Xxxx Xxxxxxx, Xx,
-------------------------------------------------------------------------------
70629, or to such other place as Lessor may from time to time designate in a
-----
notice to Lessee; or, in the case of Lessee, delivered to Lessee at the
premises. Lessee hereby appoints as its agent to receive the service of all
dispossessory or distraint proceedings and notices thereunder the person in
charge of or occupying the premises at the time, and, if no person shall be in
charge of or occupying the same, then such service may be made by attaching the
same on the main entrance of the premises.
14.7 Commencement Date. As of the date of signature of this Lease
-----------------
Agreement, Lessor and Lessee acknowledge that the Leased Premises have not been
completed. Lessor and Lessee shall use their best efforts to accomplish the
completion of the Leased Premises in accordance with Attachment "E" hereof and
Lessor shall deliver possession thereof to Lessee on or about September 1, 1996.
-----------------
Lessee shall, if requested by Lessor, execute and deliver to Lessor a Receipt of
Notice of Substantial Completion of Construction of the Leased Premises, for the
purpose of defining the actual commencement and ending dates of this Lease,
attached hereto and made a part of this Lease Agreement as Attachment "F". The
date the Leased Premises have been substantially completed and delivered to
Lessee in accordance with Attachment "E" shall be the first day of the term
hereof and said Receipt of Notice, if requested by Lessor, shall bear such date,
and the rent herein imposed shall accrue from and after such date which is
hereby designated "Commencement Date". In the event the Commencement Date is a
date other than the first day of a calendar month, the term shall extend for a
like number of months following the commencement date.
14.8 Substitution of Premises. Lessor reserves the right on thirty (30)
------------------------
days written notice to Lessee to substitute for the Leased Premises, at the same
rental as required of Lessee herein, including adjustment, other comparable
premises within the Building, or in the case of total destruction of the Leased
Premises, within another building, for all uses and purposes as though
originally leased to Lessee at the time of execution and delivery of this lease
and subject to all terms and provisions hereto. In the event Lessor elects to
cause such substitution of premises, Lessor agrees to pay all reasonable
expenses of Lessee incidental thereof.
11
XV. SPECIAL PROVISIONS
An Addendum to Lease is attached hereto and made a part of this Lease.
In Witness whereof, the parties hereto have executed this instrument in the
presence of the undersigned competent witnesses.
Executed by Lessor at Lake Charles, Louisiana, this 30th day of April,
1996.
WITNESSES: CALCASIEU MARINE NATIONAL BANK
OF LAKE XXXXXXX
/s/ Xxxxxxx Xxxxxxx BY: /s/ [ILLEGIBLE]
--------------------- ---------------------------
/s/ Xxxxxxxx X. Xxxxx TITLE: Sr. V.P.
--------------------- ---------------------------
Executed by Lessee at Lake Charles, Louisiana, this 29/th/ day of April,
1996.
WITNESSES:
/s/ [ILLEGIBLE] BY: /s/ Xxxxxxx X. Xxxxxxx Xx.
------------------- ---------------------------
/s/ Xxxxxx XxXxxxxx TITLE: Chairman/CEO
------------------- ---------------------------
12
ADDENDUM TO LEASE
THE ATTACHED LEASE made and entered into this __ day of ________, 1996, by and
between Calcasieu Marine National Bank, as "Lessor", and Mercury, Inc., as
-------------
"Lessee", of which Lease this Addendum to Lease is made a part, is hereby
amended and supplemented as follows:
WITNESSETH
1. The following is added to Section XV, Special Provisions as paragraph 15.1:
------------------
Anything in this Lease to the contrary notwithstanding, Lessor agrees to build
out Lessee's Leased premises at a cost not to exceed or
the actual cost, whichever is less, according to Attachment "C" (Building
Standards), Attachment "D" (Description of Improvements), and Attachment "E"
(Workletter). The above referenced allowance . Any and all
costs of leasehold improvements which exceed the above referenced allowance
shall be at Lessee's sole expense. Lessee shall have the right to approve
Lessor's construction drawings prior to the commencement of construction.
2. The following is added to Section XV, Special Provisions as paragraph 15.2:
------------------
Lessee, upon paying the rent herein reserved and performing all the terms,
covenants and conditions herein contained on its part to be kept and performed
shall have a . This First Right of Refusal
shall be effective upon lease execution and shall expire on August 31, 1999. Any
such expansion of the premises Lessor
reserves the right to lease all or any part of this area to others, but agrees
to notify Lessee in writing whenever the area is proposed, and such other Lessee
has set forth in writing its intent to lease the area. Lessee agrees to notify
Lessor in writing within three (3) business days if Lessee wishes to exercise
this right. If Lessee fails to notify Lessor of its intent to accept the space
within three (3) business days, or Lessee rejects its preferential right, then
the First Right of Refusal shall terminate at this time on the space offered.
Should the prospective tenant fail to lease such space, the aforementioned
termination of First Right of Refusal shall be rescinded by Lessor. If Lessee
accepts its right to lease the space offered, then Lessee shall execute an
Amendment to Lease within thirty (30) days following its notification to Lessor
of acceptance of the offer.
3. The following is added to Section XV, Special Provisions as paragraph 15.3:
------------------
The Lease for Xxxxx 0000, Xxxxx 0000, Xxxxx 0000, Xxxxx 0000, Xxxxx 000, and 727
net rentable square feet of Suite 1590 will be terminated upon occupancy of the
20th, 19th and 7th floors by Lessee.
4. The following is added to Section XV, Special Provisions as paragraph 15.4:
------------------
This lease shall be amended to reflect the exact square footages of the 20th and
7th floors when the exact layout has been determined.
5. The following is added to Section XV, Special Provisions as paragraph 15.5:
------------------
Lessee, upon paying the rent herein reserved and performing all the terms,
covenants and conditions herein on its part to be kept and performed, shall have
an option to renew this Lease for additional term of five (5) years. Any such
----
extension of this Lease for an additional term shall be upon the same covenants
and conditions as are set forth herein, except that Lessee shall have no option
to further extend this Lease. Lessee must notify Lessor in writing not less than
ninety (90) days nor more than one hundred twenty (120) days prior to the
expiration of this Lease of its election to exercise the above option and
agreement to be bound by the terms, covenants and conditions of the
13
Lease for the additional term stated above. In the event Lessee fails to so
notify Lessor or declines to exercise said Option to Renew, such right shall
terminate and no longer be in effect.
IN WITNESS WHEREOF, the parties hereto have executed this instrument in the
presence of the undersigned competent witnesses.
Executed by Lessor at Lake Charles, Louisiana, this 30th day of April,
1996.
WITNESSES: CALCASIEU MARINE NATIONAL BANK OF
LAKE XXXXXXX
/s/ Xxxxxxx Xxxxxxx BY: /s/ [ILLEGIBLE]
----------------------------- ------------------------------
/s/ Xxxxxxxx X. Xxxxx TITLE: Sr. V.P.
----------------------------- ------------------------------
Executed by Lessee at Lake Charles, Louisiana, this 29 day of April, 1996.
WITNESSES: MERCURY, INC.
/s/ [ILLEGIBLE] BY: Xxxxxxx X. Xxxxxxx Xx.
----------------------------- ------------------------------
/s/ Xxxxxx XxXxxxxx TITLE: Chairman/CEO
----------------------------- -------------------------------
14
ATTACHMENT "B"
RULES AND REGULATIONS
1. The Building Management office should be contacted for all matters
pertaining to the building.
2. All furniture, fixtures, safes, heavy or bulky items, and other articles
shall be moved in or out, or within the building by Lessee, only with the
permission of and in such manner and at such times as may be approved or
directed by the Building Management. Lessee shall be liable for any losses,
damages or injuries to persons or property in so moving or handling the
same.
3. For your protection, authorization from the Building Management office is
required before any furniture or equipment shall be permitted to leave the
building.
4. Lessor will provide and maintain a directory for all tenants in the
building. No signs, advertisements, or notices visible to the general
public shall be permitted within the building unless first approved in
writing by Building Management. Any additions, deletions, or changes to the
building directories should be furnished to the Building Management in
writing on Lessee's letterhead duly signed.
5. Lessee will refer all contractors, contractor's representatives and
installation technicians rendering any service for Lessee to Building
Management for supervision and/or approval before performance of any such
contractual services. This shall apply to all work performed in the
building, including, but not limited to, installation of telephones,
telegraph equipment, electrical devices and attachments and installations
of any and every nature affecting floors, walls, woodwork, trim, windows,
ceiling, equipment or any other physical portion of the building. None of
this work will be done by Lessee without Building Management prior written
approval.
6. The Building Manager, or his representative, shall have the right at all
reasonable times to enter into and upon said premises to examine, inspect,
repair or protect any or all things pertaining to said premises or building
or appurtenances.
7. The work of the building employees shall not be hindered by Lessee and such
work may be done at any time when the offices are vacant. The windows,
doors and fixtures may be cleaned at any time.
8. Lessee, their clerks, employees and occupants of their leased premises
shall not make or permit any improper or excessive noise in the building,
use any musical instruments or do anything that will annoy, disturb or
interfere in any way with other tenants or those having business with them.
No dogs, cats, birds, other animals, bicycles, or other vehicles shall be
allowed in the building. Lessee shall shut off all utilities and close and
lock all doors when premises are left unattended.
9. Lessee shall not place, install or operate on the demised premises or in
any part of the building, any engine or machinery, or conduct mechanical
operations, or place or use in or about the demised premises, any
explosives, gasoline, kerosene, oil, acids, caustics or any other
inflammable, explosive, or hazardous material without the prior written
consent of Building Management.
18
10. Lessor will not be responsible for any personal property, equipment,
money, or jewelry lost or stolen from Lessee's area, or public rooms,
regardless of whether such loss occurs when the area is locked against
entry or not, except as otherwise provided in this Lease.
11. No dust, rubbish or litter shall be swept from any room into any of the
corridors or public spaces. The sidewalks, corridors, lobbies, elevators
and/or stairways shall not be obstructed by Lessee, nor used by Lessee's
employees for any other purpose than for ingress to and egress from the
respective leased premises. All utilities and public facilities will remain
the exclusive charge of Lessor and Lessee will commit no act which will be
wasteful or harmful to utilities and public facilities. Call Building
Management office for disposal of large items of trash. Except for coffee
pots and microwave ovens, electric current shall not be used for cooking or
heating without prior written permission from Building Management.
12. Lessee shall provide and use adequate waste and rubbish receptacles,
cabinets, bookcases, map-cases, etc., necessary to prevent unreasonable
hardship to Lessor in discharging his obligations regarding cleaning
service.
13. No additional lock shall be placed upon any door without Building
Management's prior written consent, and upon Lessee moving from the
premises, any such lock with the keys belonging thereto shall be
delivered to the Building Manager.
14. Lessee will be supplied, free of charge, with two keys for each corridor
door entering the Leased Premises, and additional keys will be furnished at
a charge of $2.00 per key by Building Manager on an order signed by Lessee
or Lessee's authorized representative. All such keys shall remain the
property of Lessor. No additional locks shall be allowed on any door of
Leased Premises, and Lessee shall not make, or permit to be made any
duplicate keys, except those furnished by Lessor. Upon termination of this
Lease, Lessee shall surrender to Lessor the explanation of the
combination of all locks for safes, safe cabinets and vault doors, if any,
in the Leased Premises.
15. No nails or stickers shall be placed by tenants in or on the woodwork,
partitions, or walls except in a manner approved or installed by the
Building Management, and there shall be no nailing, boring, screwing or
cutting into any woodwork, partitions or walls. Corridor doors when not in
use shall be kept closed.
16. Water closets and other water fixtures shall not be used for any purpose
other than for which same are intended, and any damages resulting to same
from misuse on the part of Lessee, or Lessee's agents or servants, shall
be paid by the Lessee. No person shall waste water by interfering or
tampering with the faucets or otherwise. No acids, slops, ashes, dirt or
other rubbish shall be emptied into the water closets other than specially
designed plumbing fixtures, nor shall any acids or other chemicals
injurious to the plumbing, pipes or fixtures be permitted to enter the
waste pipes.
17. Lessor shall have the right to determine and prescribe the weight and
proper position of any unusually heavy equipment including safes, large
files, etc., that are to be placed in the building, and only those which in
the opinion of Lessor might without reasonable probability do damage to
the floors, structure and/or elevators may be moved into said building.
19
Any damage, occasioned in connection with the moving or installing of such
aforementioned articles in said building or the existence of same in said
building shall be paid by Lessee.
18. To insure orderly operation of the building, Building Management reserves
the right to approve all concessionaires, vending machine operations, or
other distribution of cold drinks, coffee, food, or other concessions,
water, towels, or newspapers. Such approval shall not be unreasonably
withheld.
19. Tenant shall not solicit from or circulate advertising or other materials
among other tenants in the building except by regular use of the U.S. mail.
20. The existing north surface parking lot directly adjacent to the Building
shall be for the exclusive use of building visitors, clients and guests.
Tenants shall not park in north lot. Tenants shall park in the adjacent
parking garage, or shall make arrangements to park in the Civic Center lot,
or other off-site parking.
21. Lessor desires to maintain high standards of environment, comfort and
convenience for its Lessees. It will be appreciated if any undesirable
conditions or lack of courtesy or attention by its employees is reported
directly to Building Management.
20
ATTACHMENT "C"
BUILDING STANDARDS
Lessor agrees, at its sole cost and expense, to do the following ("Building
Standard Work") in the Leased Premises:
(a) Supply and install Lessor's Building Standard partitions in an amount not
to exceed ten (10) linear feet for each one hundred (100) square feet of usable
area.
(b) Supply and install Lessor's Building Standard interior doors, frames and
hardware (consisting of latchset, butts, and door stops) in an amount not to
exceed one for each three hundred (300) square feet of usable area.
(c) Supply and install in quantity required by code Lessor's Building Standard
entrance/exit doors, frames and hardware (consisting of lockset, butts, door
stops, and door closer).
(d) Supply and install Building Standard acoustical ceiling throughout.
(e) Supply Lessor's Building Standard electrical facilities sufficient for a
connected load of 2.5 xxxxx at 277/480 volts, three phase, and 1 watt at 208/120
volts, three phase, per square foot of usable area served; but not including
electricity required for duplicating and electronic data processing equipment,
special lighting in excess of building standard, and any other item of
electrical equipment which (singly) consumes more than 0.5 kilowatts at rated
capacity or requires a voltage other than 120 volts single phase.
(f) Supply and install Lessor's Building Standard recessed fluorescent lighting
fixtures in an amount not to exceed one fixture for each eighty (80) square feet
of usable area in the Leased Premises; Building Standard duplex receptacle wall
outlets in an amount not to exceed one for each one hundred fifty (150) square
feet of usable area in the Leased Premises; Building Standard telephone wall
outlets in an amount not to exceed one for each one hundred seventy-five (175)
square feet of usable area in the Leased Premises; and Building Standard wall
switches not to exceed one for each three hundred (300) square feet of usable
area in the Leased Premises. Circuitry within the Leased Premises for other than
Building Standard items shall be at Tenant's expense.
(g) Supply and install Lessor's Building Standard zoned air conditioning
systems with reasonable duct work, and thermostats in an amount not to exceed
one thermostat for each conditioning zone. Said system shall be designed to be
capable of maintaining, within tolerances normal in first class office buildings
and subject to density factors of not more than one person per one hundred fifty
(150) square feet of usable space nor more than 3.5 xxxxx of electrical load per
square foot of each area served, inside space conditions of 75 degrees F. dry
bulb and 45% relative humidity when outside conditions are 98 degrees dry bulb
and 80 degrees wet bulb.
(h) Supply and install Lessor's Building Standard carpet and Lessor's Building
Standard 1/8" vinyl tile floor covering in all uncarpeted areas.
(i) Paint the peripheral walls and all Building Standard partitions in Lessor's
standard manner, colors to be selected by Lessee from Lessor's standard colors.
(j) Supply and install Lessor's Building Standard window covering on all
perimeter windows.
21
ATTACHMENT "D"
DESCRIPTION OF CM TOWER IMPROVEMENTS
1). Demising wall between tenant lease area: One layer 5/8 inch thick fire
---------------------------------------
resistive gypsum drywall on each side of 2 1/2 inch, 25 gauge galvanized
steel studs, full height from floor to underside of structure above; 1 1/2
inch thick sound attenuation insulation nested between studs; exposed
surfaces painted finish; concealed surface above ceiling line unfinished.
(Fire Resistive Rating; one hour, Underwriters Laboratories Design with
sound attenuation insulation added).
2). Interior Partitions: One layer 5/8 inch thick gypsum drywall on each side
-------------------
of 2 1/2 inch, 25 gauge galvanized steel studs, full height from floor to
ceiling, painted finish two sides.
3). Demising wall between Tenant Lease Area and Public Corridors: One layer 5/8
------------------------------------------------------------
inch thick gypsum drywall on each side of 2 1/2 inch, 25 gauge galvanized
steel studs, full height from floor to ceiling, painted finish on tenant
lease side, vinyl wall covering on public corridor side.
4). Doors: Flush solid core wood, 3'0" X 9'0" X 1 3/4" natural white oak face
-----
veneer. The amount shall not exceed 1 for every 300 square feet of lease
premises.
5). Hardware:
--------
Hinges XxXxxxxx: TA2731
Lockset: Xxxxxx 00-000-00 Xxxxxx 00X0
Passage Set: Xxxxxx 00-000-00
Door Closer: North Series 8301
Typical Interior Door Hardware
1). Three Hinges
2). One Passage Set
3). One floor or wall mounted door stop
Typical Corridor Hardware
1). Three Hinges
2). One entrance function lockset
3). One surface mounted overhead closer
4). One floor or wall mounted door stop
6). Standard Ceiling: 2'0" X 2'0" exposed grid metal suspension system with
----------------
factory applied white baked enamel finish, nominal 2'0" X 2'0" X 3/4" lay-
in acoustical ceiling panels with factory applied white vinyl latex
finished surface.
7). Lighting Fixtures: 2'0" X 4'0" recessed air handling, lay-in fixture; three
-----------------
277 volt, 40 watt fluorescent lamps per fixture.
8). Duplex Convenience Outlet: 00X Xxxx. Xxxxx (Xxxxxxxxx 0000X or Equal),
-------------------------
White as manufactured by G.E., Levition, Xxxxxxx, X-X, P & S, Xxxxxx,
Sierra or Xxxxxx. The average length of conduit per outlet will be 20' of
1/2" EMT with #12THHN solid copper wire, 600V. For dedicated circuits
Levington 5262IG 20A Orange or Equal.
9). Wall Switch: Touch plate @#50-2 white, low voltage, momentary contact
-----------
installed in a single gang metallic switch box. Install 1/2" EMT from
switch box to accessible ceiling space only. Terminate EMT above ceiling
with 1/2" EMT connector and 1/2" plastic bushing. Connect 50-2 switch to
Touchplate relays (2) with #18 TFFN stranded copper wire, 600V.
22
10). Wall Telephone Outlet: Single gang, 3/4" conduit switch box and 3/4 EMT
---------------------
conduit from switch box to accessible ceiling space only. Terminate 3/4"
above ceiling with 3/4" EMT connector and plastic bushing. Cable suitable
for installation in environmental air space shall be furnished and
installed by telephone company. White telephone plates and outlets shall be
furnished and installed by telephone company.
11). Heating, Ventilation and Air Conditioning: Continuous slot ceiling mounted
-----------------------------------------
supply air adjacent to building exterior curtain wall. Perforated metal
grill for return air painted black. Return air diffusers. 2' X 2' white.
Additional air-conditioning required due to tenant-supplied equipment is
not included.
12). Door Frames; Headtracks: Extruded aluminum knock-down type frame, factory
-----------------------
applied white painted finish.
Frames & Headtrack (RACO)
PR-1, 375, White 10' 7"
PR-21, White 12' 0"
PR-234F, 375, White, 3' 0" X 8' 10 1/2"
PR-123F, 375, White, 3' 0" X 8' 10 1/2"
13). Window Coverings: Bali Blinds #42 - matte white.
----------------
14). Vinyl Floor Covering: Azrock Vinyl Composition Tile, 1/8" gauge.
--------------------
15). Base: Xxxxx 4 inch, selection of colors, 00, 10, 20, 30, 40, 50, 52, 62,
----
70, 80, 87, 88, 89, 90, 91, 93, 95, 96, 97, 98, and 99.
16). Carpet: Xxxx-Sea Island.
------
17). Paint: Xxxxx & Xxxxxxx or Xxxxxxxx.
-----
18). Fire Protection: Lease area protected by fully automatic fire sprinkler
---------------
system; hydraulically designed for ordinary hazard classification; chrome
plated pendant heads with chrome plated escutcheons.
19). Conduit in Tenant Lease Space: "BX" armor clad cable shall not be used.
-----------------------------
Where EMT conduit is used, it shall be joined by set screw type connectors
and couplings as manufactured by Midwest, Steel City, EFCOR, RACO, ETP, T &
B, Gedneg, Applet, or approved equal. Diecast type connectors and couplings
will be acceptable provided they meet Underwriters Laboratories
requirements.
20). Speaker Horns: Alarm signal and voice communication horns shall be UL
-------------
listed wall mounted flush type re-entrant type horns housed in diecast
aluminum frames and grills with finish. They shall be constructed for safe
use and without impairing the quality of tone or voice reproduction in
climates ranging from - 30 degrees F to 150 degrees F. The horn
diaphragm shall be constructed of poly-flared, folded, re-entrant type
horn and shall protect the horn mechanism from malicious attack. Provide
one alarm signal and voice communication horn in lease areas exceeding
1,000 square feet of usable space.
23
FIRST AMENDMENT TO LEASE AGREEMENT
MERCURY, INC.
STATE OF LOUISIANA
PARISH OF CALCASIEU
This First Amendment to Lease Agreement is entered into between Calcasieu
Marine National Bank of Lake Xxxxxxx ("Lessor"), whose mailing address is X.X.
Xxx 0000, Xxxx Xxxxxxx, Xxxxxxxxx 00000 and Mercury, Inc. ("Lessee"), whose
mailing address is Xxx Xxxxxxxxx Xxxxx, Xxxxx 0000, Xxxx Xxxxxxx, Xxxxxxxxx
00000.
WITNESSETH
WHEREAS, by Lease Agreement dated April 29, 1996 by Lessee and April 30, 1996 by
Lessor, Lessor let unto Lessee certain premises ("Leased Premises") comprised of
37,949 net rentable square feet (35,148 usable) of the 20th, 19th, 15th, 14th,
7th and 1st floors and,
WHEREAS, Lessor and Lessee desire to amend the Lease to provide temporary space
in the Building as an accommodation to Lessee until the construction of the
permanent space is completed by the parties hereto;
NOW THEREFORE, in order to effectuate the intent of the parties as hereabove set
forth and for good and valuable consideration exchanged between the parties,
effective May 18, 1996, the Lease is hereby amended to include the following
terms and conditions:
1) Beginning on May 18, 1996 and ending on August 31, 1996, Lessee shall be
entitled to occupy Suite 1200 consisting of 3,065 net rentable square feet
(2,665 usable) (the "Temporary Space").
2) As Base Rental for Suite 1200, (the "Temporary Space") Lessee shall pay
Lessor without deduction, abatement or setoff, the sum of Two thousand eight
------------------
hundred twenty-two dollars and thirty five cents ($2,822.35) on or before the
------------------------------------------------
first day of each calendar month beginning June 1, 1996. Base Rental for May,
1996, is prorated as follows:
$2,822.35 divided by 30 X 14 = $1,317.00
3) If construction of the permanent space is not completed by September 1,
1996, the lease for the temporary space shall extend on a month-to-month basis
until occupancy of the permanent space has occurred.
This First Amendment to Lease shall be governed by the same terms and conditions
of the original Lease Agreement. All other terms and conditions of this Lease
shall remain in full force and effect as heretofore.
IN WITNESS WHEREOF, this First Amendment to Lease is executed by Lessor at Lake
Charles, Louisiana this 3rd day of June, 1996.
WITNESSES: CALCASIEU MARINE NATIONAL BANK
OF LAKE XXXXXXX
/s/ Xxxxxxx Xxxxxxx BY: /s/ [ILLEGIBLE]
----------------------------- -----------------------------
/s/ Xxxx Xxxxxxxxx TITLE: Sr V.P.
----------------------------- -----------------------------
In WITNESS WHEREOF, this First Amendment to Lease is executed by Lessee at Lake
Charles, Louisiana this 3rd day of June, 1996.
WITNESSES: MERCURY, INC.
/s/ Xxxxxxx Xxxxx BY: /s/ Xxxxxx X. XxXxxxxx
----------------------------- -----------------------------
/s/ Xxxxx Xxxxxx Xxxxxxxx TITLE: VP of Operations
----------------------------- -----------------------------
SECOND AMENDMENT TO LEASE AGREEMENT
MERCURY, INC.
STATE OF LOUISIANA
PARISH OF CALCASIEU
This Second Amendment to Lease by and between Hibernia National Bank, Successor
by merger to Calcasieu Marine National Bank of Lake Xxxxxxx, whose mailing
addresses are c/o Property One, Inc., Xxx Xxxxxxxxx Xxxxx, Xxxxx 000, Xxxx
Xxxxxxx, Xxxxxxxxx 00000 and Hibernia National Bank, attention Administrative
Services, X.X. Xxx 00000, Xxx Xxxxxxx, Xxxxxxxxx 00000 (hereinafter referred to
as "Lessor") and Mercury, Inc. ("Lessee") whose mailing address is Xxx Xxxxxxxxx
Xxxxx, Xxxxx 0000, Xxxx Xxxxxxx, Xxxxxxxxx 00000.
WITNESSETH
WHEREAS, by Lease Agreement dated April 29, 1996 by Lessee and April 30 by
Lessor, Lessor let unto Lessee certain premises ("Leased Premises") in the
building known as Hibernia Tower comprised of 37,949 net rentable square feet
(35,148 usable) of the 20th, 19th, 15th, 14th, 7th, and 1st floors and,
WHEREAS, Lessor and Lessee desire to amend the Lease to set forth the facts and
agreements pertaining to the hereabove stated intents;
NOW THEREFORE, in order to effectuate the intent of the parties as hereabove
set forth and for good and valuable consideration exchanged between the parties,
effective November 15, 1996 the Lease is hereby amended to incorporated the
-----------
following:
1) Section I., 1.1, Leased Premises - Upon occupancy of the Leased Premises,
---------------
Lessee's mailing address shall be changed to Xxx Xxxxxxxxx Xxxxx, Xxxxx 0000,
Xxxx Xxxxxxx, Xxxxxxxxx, 00000. The Leased Premises are outlined on the floor
plans made a part hereof as Attachments "A-1 - A-6".
2) Section I., 1.2 - For purposes of this Lease, the net rentable area of the
Leased Premises is changed to 41,279 square feet (40,947 usable square feet),
------
comprised of the following suites:
a. Existing Leased Premises
------------------------
Suite 1590 1,305 RSF (1,135 USF)
15 Equip. Room 230 RSF ( 200 USF)
Suite 1470 503 RSF ( 437 USF)
Suite 135 505 RSF ( 439 USF)
-------------------
Total 2,543 RSF (2,211 USF)
B. New Leased Premises
-------------------
Suite 2000 10,089 RSF (10,089 USF)
Suite 1900 16,482 RSF (16,482 USF)
Suite 700 12,165 RSF (12,165 USF)
-----------------------
Total 38,736 RSF (38,736 USF)
3) Section II, Term, 2.1 - The Term of this Lease will be 60 months,
commencing November 15, 1996 and expiring November 14, 2001.
4) Section III., 3.1 - Base Rental for the Leased Premises is changed
to Thirty eight thousand eleven dollars and eight cents ($38,011.08) per month,
----------------------------------------------------
payable on or before the first day of each calendar month of the lease term. If
the Lease does not commence on the first day of a calendar month, the monthly
installment of Base Rental will be prorated.
5) Section VI, 6.1 Parking shall be changed as follows: Lessee's free parking
-------
shall increase to forty-one (41) car/s in accordance with the parking ratio of
one free space per 1,000 square feet of Net Rentable Area leased with one per
750 square feet guaranteed in Lessor's adjacent parking garage.
6) The Addendum to Lease, paragraph 1 shall be changed as follows: Lessor
agrees to build out Lessee's Leased Premises at a cost not to exceed
$803,580.00, or the actual cost, whichever is less, calculated as shown below:
-----------
Suite 2000 10,089 RSF at $25/RSF = $252,225.00
Suite 1900 16,482 RSF at $15/RSF = $247,230.00
Suite 700 12,165 RSF at $25/RSF = $304,125.00
------ -----------
Total 38,622 RSF $803,580.00
7) The Addendum to Lease, paragraph 3 shall be changed as follows: The Lease
for Suites 1495, 1485, 1465, 1220, 1200, 1175, and 980 will be terminated upon
occupancy of the 20th, 19th and 7th floors by Lessee.
IN WITNESS WHEREOF, the parties hereto have executed this instrument in the
presence of the undersigned competent witnesses.
Executed by Lessor at New Orleans, Louisiana this 2nd day of December, 1996.
WITNESSES: HIBERNIA NATIONAL BANK
/s/ [ILLEGIBLE] BY: /s/ Xxxxxx X. XxXxxxx
------------------------------ --------------------------
/s/ Xxxxx Falgaut TITLE: Vice President
------------------------------ -------------------------
Executed by Lessee at Lake Charles, Louisiana this 25 day of November, 1996.
WITNESSES: MERCURY, INC.
/s/ Xxxxxx X. Xxxx BY: /s/ Xxxxxxx X. Xxxxxxx Xx.
------------------------------ ---------------------------
/s/ Xxx Xxxxxx TITLE: Chairman/CEO
------------------------------ --------------------------
TERMINATION OF LEASE
THIS TERMINATION OF LEASE, made and entered into this 2nd day of December, 1996,
by and between Hibernia National Bank, Successor by merger to Calcasieu Marine
National Bank of Lake Xxxxxxx ("Lessor") and Mercury, Inc., ("Lessee").
WITNESSETH:
WHEREAS, by Lease Agreement dated April 29, 1996 by Lessee and April 30, 1996 by
Lessor, and as amended by the First Amendment to Lease dated June 3, 1996 by
Lessor and Lessee, Lessor leased unto Lessee those certain premises listed
below, and
WHEREAS, Lessor and Lessee wish to terminate the Lease for these Suites;
NOW THEREFORE, in consideration of these present and the agreements of each
other, Lessor and Lessee hereby agree that the Lease Agreement for the following
Suites shall terminate effective November 15, 1996.
Suite 1495 - 9,636 RSF
Suite 1485 - 667 RSF
Suite 0000 - 000 XXX
Xxxxx 0000 - 3,499 RSF
Suite 1200 - 3,065 RSF
Xxxxx 0000 - 000 XXX
Xxxxx 000 - 2,875 RSF
----------
Total - 20,879 RSF
IN WITNESS WHEREOF, Lessor and Lessee have executed this instrument by proper
persons thereunto duly authorized so to do the day and year hereinabove written.
Executed by Lessor at New Orleans, Louisiana this 2nd day of December, 1996.
WITNESSES: HIBERNIA NATIONAL BANK
/s/ [ILLEGIBLE] BY: /s/ Xxxxxx X. XxXxxxx
-------------------- --------------------------
/s/ Xxxxx Falgaut TITLE: Vice President
-------------------- ----------------------
Executed by Lessee at Lake Charles, Louisiana this 25 day of November, 1996.
WITNESSES: MERCURY, INC.
/s/ Xxxxxx X. Xxxx BY: /s/ Xxxxxx X. XxXxxxxx
-------------------- --------------------------
/s/ Xxx Xxxxxx TITLE: V/P of Operations
-------------------- -----------------------
THIRD AMENDMENT TO LEASE AGREEMENT
EXPANSION AGREEMENT
MERCURY, INC.
STATE OF LOUISIANA
PARISH OF CALCASIEU
This Third Amendment to Lease by and between Hibernia National Bank, Successor
by merger to Calcasieu Marine National Bank of Lake Xxxxxxx, whose mailing
addresses are c/o Property One, Inc., Xxx Xxxxxxxxx Xxxxx, Xxxxx 000, Xxxx
Xxxxxxx, Xxxxxxxxx 00000 and Hibernia National Bank, attention Administrative
Services, X.X. Xxx 00000, Xxx Xxxxxxx, Xxxxxxxxx 00000 (hereinafter referred to
as "Lessor") and Mercury, Inc. ("Lessee") whose mailing address is Xxx Xxxxxxxxx
Xxxxx, Xxxxx 0000, Xxxx Xxxxxxx, Xxxxxxxxx 00000.
WITNESSETH
WHEREAS, by Lease Agreement dated April 29, 1996 by Lessee and April 30 by
Lessor, in which Lessor agreed to lease to Lessee and Lessee agreed to lease
approximately 37,949 net rentable square feet (35,148 usable square feet) on the
20th, 19th, 15th, 14th, 7th and 1st floors (the "Premises") of Hibernia Tower
(formerly the CM Tower) (the "Building"), and,
WHEREAS, Lessor and Lessee entered into a First Amendment to Lease Agreement
dated June 3, 1996 by Lessor and Lessee which granted Lessee the right to use
Suite 1200 on a temporary basis until the construction of the permanent Leased
Premises was completed, and
WHEREAS, Lessor and Lessee entered into a Second Amendment to Lease Agreement
dated November 25, 1996 by Lessee and December 2, 1996 by Lessor, which
established the square footage of the newly constructed Leased Premises as
41,279 net rentable square feet (40,947 usable square feet) and the term of the
Lease as 60 months commencing November 15, 1996 and expiring November 14, 2001
at a Base monthly rental of $38,001.08, and
WHEREAS, Lessor and Lessee hereby agree to modify the Lease in accordance with
the terms expressed in this Third Amendment to Lease;
NOW THEREFORE, Lessor and Lessee hereby agree as follows:
1) Section I., 1.2, Leased Premises - The net rentable area of the Leased
---------------
Premises is increased to 51,582 net rentable square feet (49,906 usable) due to
the addition of Suite 1495, which consists of 10,303 net rentable square feet
(8,959 usable), as outlined on the floor plan attached hereto and made a part of
this Third Amendment to Lease Agreement as Attachment "A7". This Expansion Area
includes a common area factor of 15%. The new Leased Premises is comprised of
the following suites:
Suite 2000 10,089 RSF (10,089 USF)
Suite 1900 16,482 RSF (16,482 USF)
Suite 1590 1,305 RSF ( 1,135 USF)
15 Xxxxx.Xxxx 230 RSF ( 200 USF)
Suite 1470 503 RSF ( 437 USF)
Suite 1495 10,303 RSF ( 8,959 USF)
Suite 700 12,165 RSF (12,165 USF)
Suite 135 505 RSF ( 439 USF)
-----------------------
Total 51,582 RSF (49,906 USF)
2) Section II., 2.1, Term - The term of this Expansion Area will be 56 months,
----
commencing on March 15, 1997 and expiring co-terminus with the existing Lease
Agreement on November 14, 2001.
3) Section III, 3.1, Rent - Base monthly rental for the entire Leased
----
Premises shall be Forty seven thousand four hundred ninety eight dollars and
----------------------------------------------------------
forty three cents ($47,498.43), payable on or before the first day of each
-----------------
calendar month of the lease term. If the term of the Expansion Area does not
commence on the first day of a calendar month, the monthly installment of Base
rental for the Expansion Area will be prorated.
4) Section VI., 6.1, Parking - Lessee's free parking shall increase to fifty
-------
two (52) cars in accordance with the parking ratio of one free space per 1,000
square feet of Net Rentable Area leased with one per 750 square feet guaranteed
in Lessor's adjacent parking garage.
5) The following is added to Section XV, Special Provisions as paragraph 15.6:
------------------
Anything in this Lease to the contrary notwithstanding, Lessor agrees to
renovate Lessee's Expansion Area at a cost not to exceed Fifty thousand dollars
($50,000.00) or the actual cost, whichever is less, according to architectural
drawings provided for and approved by Lessee. The above referenced amount shall
include architectural fees. Any and all costs of leasehold improvements which
exceed the above referenced allowance shall be at Lessee's sole expense.
This Third Amendment to Lease shall be governed by the same terms and conditions
of the original Lease Agreement as amended. All other terms, covenants and
conditions of this Lease, as amended, remain in full force and effect as
heretofore.
IN WITNESS WHEREOF, this Third Amendment to Lease is executed by Lessor at New
Orleans, Louisiana this 7th day of March, 1997.
WITNESSES: HIBERNIA NATIONAL BANK
/s/ Xxxxxx X. Xxxx BY: /s/ Xxxxxx X. XxXxxxx
---------------------- -------------------------
/s/ Xxxxxx Xxxxxx TITLE: Vice President
---------------------- -------------------------
IN WITNESS WHEREOF, this Third Amendment to Lease is executed by Lessee at Lake
Charles, Louisiana this 4th day of March, 1997.
WITNESSES: MERCURY, INC.
/s/ Xxx X. Xxxxxx BY: /s/ Xxxxxx X. XxXxxxxx
---------------------- -------------------------
/s/ Xxxxxxx Xxxxxxx TITLE: VP of Administration
---------------------- -------------------------
FOURTH AMENDMENT TO LEASE AGREEMENT
MERCURY, INC.
STATE OF LOUISIANA
PARISH OF CALCASIEU
This Fourth Amendment to Lease by and between Hibernia National Bank, Successor
by merger to Calcasieu Marine National Bank of Lake Xxxxxxx, whose mailing
addresses are c/o Property One, Inc., Xxx Xxxxxxxxx Xxxxx, Xxxxx 000, Xxxx
Xxxxxxx, Xxxxxxxxx 00000 and Hibernia National Bank, attention Administrative
Services, X.X. Xxx 00000, Xxx Xxxxxxx, Xxxxxxxxx 00000 (hereinafter referred to
as "Lessor") and Mercury, Inc. ("Lessee") whose mailing address is Xxx Xxxxxxxxx
Xxxxx, Xxxxx 0000, Xxxx Xxxxxxx, Xxxxxxxxx 00000.
WITNESSETH
WHEREAS, by Lease Agreement dated April 29, 1996 by Lessee and April 30, 1996 by
Lessor, in which Lessor agreed to lease to Lessee and Lessee agreed to lease
approximately 37,949 net rentable square feet (35,148 usable square feet) on the
20th, 19th, 15th, 14th, 7th and 1st floors (the "Premises") of Hibernia Tower
(formerly the CM Tower) (the "Building"), and,
WHEREAS, Lessor and Lessee entered into a First Amendment to Lease Agreement
dated June 3, 1996 by Lessor and Lessee which granted Lessee the right to use
Suite 1200 on a temporary basis until the construction of the permanent Leased
Premises was completed, and
WHEREAS, Lessor and Lessee entered into a Second Amendment to Lease Agreement
dated November 25, 1996 by Lessee and December 2, 1996 by Lessor, which
established the square footage of the newly constructed Leased Premises as
41,279 net rentable square feet (40,947 usable square feet) and the term of the
Lease as 60 months commencing November 15, 1996 and expiring November 14, 2001
at a base monthly rental of $38,001.08, and
WHEREAS, Lessor and Lessee entered into a Third Amendment to Lease Agreement
dated March 4, 1997 by Lessee and March 7, 1997 by Lessor, which expanded the
Leased Premises to 51,585 net rentable square feet (49,906 usable square feet)
commencing March 15, 1997 and expiring November 14, 2001 at a base monthly
rental of $47,498.43, and
WHEREAS, Lessor and Lessee hereby agree to modify the Lease in accordance with
the terms expressed in this Fourth Amendment to Lease;
NOW THEREFORE, Lessor and Lessee hereby agree as follows:
1) Section I. 1.2, Leased Premises - The net rentable area of the Leased
---------------
Premises is decreased to 50,855 net rentable square feet (49,274 usable) due to
the reduction of Suite 1590 from 1,305 net rentable square feet (1,135 usable)
to 578 net rentable square feet (503 usable), as outlined on the floor plan
attached hereto and made a part of this Fourth Amendment to Lease Agreement as
Attachment "A-8". This reduction returns Suite 1590 to the size agreed upon in
the original Lease Agreement.
2) Section II., 2.1, Term - The effective date of the reduction to the Leased
----
Premises shall be March 15, 1997.
3) Section III, 3.1, Rent - Base monthly rental for the entire Leased Premises
----
shall be Forty six thousand eight hundred twenty eight dollars and ninety eight
----------------------------------------------------------------------
cents ($46,828.98), payable on or before the first day of each calendar month of
-----
the lease term. The monthly installment of base rental for March will be
prorated.
4) Section VI., 6.1, Parking - Lessee's free parking shall decrease to fifty
-------
one (51) cars in accordance with the parking ratio of one free space per 1,000
square feet of Net Rentable Area leased with one per 750 square feet guaranteed
in Lessor's adjacent parking garage.
This Fourth Amendment to Lease shall be governed by the same terms and
conditions of the original Lease Agreement as amended. All other terms,
covenants and conditions of this Lease, as amended, remain in full force and
effect as heretofore.
IN WITNESS WHEREOF, this Fourth Amendment to Lease is executed by Lessor at New
Orleans, Louisiana this 18th day of March, 1997.
WITNESSES: HIBERNIA NATIONAL BANK
/s/ [ILLEGIBLE] BY: /s/ Xxxxxx X. XxXxxxx
----------------------- ---------------------------
/s/ Xxxxxxxx X. Xxxxx TITLE: Vice President
----------------------- ---------------------------
IN WITNESS WHEREOF, this Fourth Amendment to Lease is executed by Lessee at Lake
Charles, Louisiana this 14 day of March, 1997.
WITNESSES: MERCURY, INC.
/s/ Xxx Xxxxxx BY: /s/ Xxxxxx X. XxXxxxxx
----------------------- --------------------------
/s/ Xxxxxx X. Xxxx TITLE: V/P of Administration
----------------------- --------------------------
FIFTH AMENDMENT TO LEASE AGREEMENT
MERCURY, INC.
STATE OF LOUISIANA
PARISH OF CALCASIEU
This Fifth Amendment to Lease by and between Hibernia National Bank, Successor
by merger to Calcasieu Marine National Bank of Lake Xxxxxxx, whose mailing
addresses are c/o Property One, Inc., Xxx Xxxxxxxxx Xxxxx, Xxxxx 000, Xxxx
Xxxxxxx, Xxxxxxxxx 00000 and Hibernia National Bank, attention Administrative
Services, X.X. Xxx 00000, Xxx Xxxxxxx, Xxxxxxxxx 00000 (hereinafter referred to
as "Lessor") and Mercury, Inc. ("Lessee") whose mailing address is Xxx Xxxxxxxxx
Xxxxx, Xxxxx 0000, Xxxx Xxxxxxx, Xxxxxxxxx 00000.
WITNESSETH
WHEREAS, by Lease Agreement dated April 29, 1996 by Lessee and April 30, 1996 by
Lessor, in which Lessor agreed to lease to Lessee and Lessee agreed to lease
approximately 37,949 net rentable square feet (35,148 usable square feet) on the
20th, 19th, 15th, 14th, 7th and 1st floors (the "Premises") of Hibernia Tower
(formerly the CM Tower) (the "Building"), and,
WHEREAS, Lessor and Lessee entered into a First Amendment to Lease Agreement
dated June 3, 1996 by Lessor and Lessee which granted Lessee the right to use
Suite 1200 on a temporary basis until the construction of the permanent Lease
Premises was completed, and
WHEREAS, Lessor and Lessee entered into a Second Amendment to Lease Agreement
dated November 25, 1996 by Lessee and December 2, 1996 by Lessor, which
established the square footage of the newly constructed Lease Premises as 41,279
net rentable square feet (40,947 usable square feet) and the term of the Lease
as 60 months commencing November 15, 1996 and expiring November 14, 2001 at a
base monthly rental of $38,001.08, and
WHEREAS, Lessor and Lessee entered into a Third Amendment to Lease Agreement
dated March 4, 1997 by Lessee and March 7, 1997 by Lessor, which expanded the
Leased Premises to 51,585 net rentable square feet (49,906 usable square feet)
commencing March 15, 1997 and expiring November 14, 2001 at a base monthly
rental of $47,498.43, and
WHEREAS, Lessor and Lessee entered into a Fourth Amendment to Lease Agreement
dated March 14, 1997 by Lessee and March 18, 1997 by Lessor, which reduced the
Leased Premises to 50,855 net rentable square feet (49,274 usable square feet)
commencing March 15, 1997 and expiring November 14, 2001 at a base monthly
rental of $46,828.98 with Lessee's free parking ratio decreased to 51 vehicles,
and
WHEREAS, Lessor and Lessee entered into a six-month Option To Reduce Leased
Premises dated December 15, 1997 by Lessor and Lessee, in which Lessee was
granted a one time option to reduce the Leased Premises by a total of up to
30,000 square feet to relocate Lessee's operations to the Pujo Property, and
WHEREAS, Lessor and Lessee hereby agree to modify the Lease in accordance with
the terms expressed in this Fifth Amendment to Lease;
NOW THEREFORE, Lessor and Lessee hereby agree as follows:
1) Section I., 1.2, Leased Premises - The net rentable area of the Leased
---------------
Premises is increased to 56,653 net rentable square feet (55,072 usable) due to
the addition of the remaining 5798 net rentable square feet (5798 usable) on the
20th floor to the existing Leased Premises, as outlined on the floor plan
attached hereto and made a part of this Fifth Amendment to Lease Agreement as
Attachment "A-9".
2) Section II., 2.1, Term - The term of this Expansion area will commence on
----
June 15, 1998 or upon substantial completion of construction and will expire
co-terminus with the existing Lease Agreement on November 14, 2001.
3) Section III., 3.1, Rent - Base monthly rental for the entire Leased
----
Premises shall be Fifty-two thousand one hundred sixty-seven dollars and
------------------------------------------------------
ninety-seven cents ($52,167.97), payable on or before the first day of each
-------------------------------
calendar month of the lease term. The monthly installment of base rental shall
be prorated based upon the actual date of substantial completion of the
expansion area.
4) Section VI., 6.1, Parking - Lessee's free parking shall increase to
-------
fifty-six (56) cars in accordance with the parking ratio of one free space per
1,000 square feet of Net Rentable Area leased with one per 750 square feet
guaranteed in Lessor's adjacent parking garage.
5) The following is added to Section XV, Special Provisions as paragraph 15.7:
------------------
Anything in this Lease to the contrary notwithstanding, Lessor agrees to build
out the expansion area and other space within the existing Leased Premises on
the 7th and 19th floors at a cost not to exceed One hundred nine thousand six
-----------------------------
hundred forty-two dollars ($109,642.00) or the actual cost, whichever is less,
---------------------------------------
according to architectural drawings provided for and approved by Lessee. The
above referenced amount shall include architectural fees. Any and all costs of
leasehold improvements which exceed the above referenced allowance shall be at
Lessee's sole expense.
6) The following is added to Section XV, Special Provisions as paragraph 15.8:
------------------
None of the expansion area on the 20th floor, as outlined on Attachment "A-9",
may be included in the amount of Leased Premises that may be surrendered under
the terms of the Option to Reduce Leased Premises dated December 15, 1997 by
Lessor and Lessee.
This Fifth Amendment to Lease shall be governed by the same terms and conditions
of the original Lease Agreement as amended. All other terms, covenants and
conditions of this Lease, as amended, remain in full force and effect as
heretofore.
IN WITNESS WHEREOF, this Fifth Amendment to Lease is executed by Lessor at New
Orleans, Louisiana this 19th day of May, 1998.
WITNESSES: HIBERNIA NATIONAL BANK
/s/ Xxxxxx X. Xxxx BY: /s/ Xxxxxx X. De Latte
------------------------------ ----------------------------
/s/ Xxxxx Xxxxxxxxx TITLE: Senior Vice President
------------------------------ ----------------------------
IN WITNESS WHEREOF, this Fifth Amendment to lease is executed by Lessee at Lake
Charles, Louisiana this 13 day of May, 1998.
WITNESSES: MERCURY , INC.
/s/ Xxxxxxxx Xxxxxxx BY: /s/ Xxxxxx XxXxxxxx
------------------------------ ----------------------------
/s/ Xxx X. Xxxxxx TITLE: V/P Administration
------------------------------ ----------------------------
SIXTH AMENDMENT TO LEASE AGREEMENT
MERCURY, INC.
STATE OF LOUISIANA
PARISH OF CALCASIEU
This Sixth Amendment to Lease by and between Hibernia National Bank, Successor
by merger to Calcasieu Marine National Bank of Lake Xxxxxxx, whose mailing
addresses are c/o Property One, Inc., Xxx Xxxxxxxxx Xxxxx, Xxxxx 000, Xxxx
Xxxxxxx, Xxxxxxxxx 00000 and Hibernia National Bank, attention Administrative
Services, X.X. Xxx 00000, Xxx Xxxxxxx, Xxxxxxxxx 00000 (hereinafter referred to
as "Lessor") and Mercury, Inc. ("Lessee") whose mailing address is Xxx Xxxxxxxxx
Xxxxx, Xxxxx 0000, Xxxx Xxxxxxx, Xxxxxxxxx 00000.
WITNESSETH
WHEREAS, by Lease Agreement dated April 29, 1996 by Lessee and April 30, 1996 by
Lessor, in which Lessor agreed to lease to Lessee and Lessee agreed to lease
approximately 37,949 net rentable square feet (35,148 usable square feet) on the
20th, 19th, 15th 14th, 7th and 1st floors (the "Premises") of Hibernia Tower
(formerly the CM Tower) (the "Building"), and,
WHEREAS, Lessor and Lessee entered into a First Amendment to Lease Agreement
dated June 3, 1996 by Lessor and Lessee which granted Lessee the right to use
Suite 1200 on a temporary basis until the construction of the permanent Lease
Premises was completed, and
WHEREAS, Lessor and Lessee entered into a Second Amendment to Lease Agreement
dated November 25, 1996 by Lessee and December 2, 1996 by Lessor, which
established the square footage of the newly constructed Lease Premises at 41,279
net rentable square feet (40,947 usable square feet) and the term of the Lease
as 60 months commencing November 15, 1996 and expiring November 14, 2001 at a
base monthly rental of $38,001.08, and
WHEREAS, Lessor and Lessee entered into a Third Amendment to Lease Agreement
dated March 4, 1997 by Lessee and March 7, 1997 by Lessor, which expanded the
Leased Premises to 51,585 net rentable square feet (49,906 usable square feet)
commencing March 15, 1997 and expiring November 14, 2001 at a base monthly
rental of $47,498.43, and
WHEREAS, Lessor and Lessee entered into a Fourth Amendment to Lease Agreement
dated March 14, 1997 by Lessee and March 18, 1997 by Lessor, which reduced the
Leased Premises to 50,855 net rentable square feet (49,274 usable square feet)
commencing March 15, 1997 and expiring November 14, 2001 at a base monthly
rental of $46,828.98 with Lessee's free parking ratio decreased to 51 vehicles,
and
WHEREAS, Lessor and Lessee entered into a six-month Option To Reduce Leased
Premises dated December 15, 1997 by Lessor and Lessee, in which Lessee was
granted a one-time option to reduce the Leased Premises by a total of up to
30,000 square feet to relocate Lessee's operations to the Pujo Property, and
WHEREAS, Lessor and Lessee entered into a Fifth Amendment to Lease Agreement
dated March 13, 1998 by Lessee and March 19, 1998 by Lessor, which increased the
Leased Premises to 56,653 net rentable square feet (55,072 usable square feet)
commencing June 15, 1998 and expiring November 14, 2001 at a base monthly rental
of $52,167.97 with Lessee's free parking ratio increased to 58 vehicles, and
WHEREAS, Lessor and Lessee hereby agree to modify the Lease in accordance with
the terms expressed in this Sixth Amendment to Lease;
NOW THEREFORE, Lessor and Lessee hereby agree as follows:
1) Section I., 1.2, Leased Premises - The net rentable area of the Leased
---------------
Premises is decreased to 56,075 net rentable square feet (54,569 usable) due to
the removal of Suite 1590 (578 net rentable square feet) from the Leased
Premises, as outlined on the floor plan attached hereto and made a part of this
Sixth Amendment to Lease Agreement as Attachment "A-10".
2) Section II., 2.1, Term - The effective date of the reduction to the Leased
----
Premises shall be March 1, 1999.
3) Section III, 3.1, Rent - Base monthly rental for the entire Leased
----
Premises shall be Fifty-one thousand six hundred thirty-five dollars and
------------------------------------------------------
seventy-three cents ($51,635.73), payable on or before the first day of each
--------------------------------
calendar month of the lease term. The monthly installment of base rental shall
be prorated based upon the actual move-out date.
4) Section VI., 6.1, Parking - Lessee's free parking shall remain at fifty-six
-------
(56) cars in accordance with the parking ratio of one free space per 1,000
square feet of Net Rentable Area leased with one per 750 square feet guaranteed
in Lessor's adjacent parking garage.
This Sixth Amendment to Lease shall be governed by the same terms and conditions
of the original Lease Agreement as amended. All other terms, covenants and
conditions of this Lease, as amended, remain in full force and effect as
heretofore.
IN WITNESS WHEREOF, this Sixth Amendment to Lease is executed by Lessor at New
Orleans, Louisiana this 17th day of February, 1999.
WITNESSES: HIBERNIA NATIONAL BANK
/s/ Xxxxxx X. Xxxx BY: /s/ Xxxxxx X. XxXxxxx
------------------------------ --------------------------
/s/ Xxxxx X. Xxxxxxx TITLE: SVP
------------------------------ -----------------------
IN WITNESS WHEREOF, this Sixth Amendment to Lease is executed by Lessee at Lake
Charles, Louisiana this 12 day of February, 1999.
WITNESSES: MERCURY, INC.
/s/ Xxxxxxx Xxxxx BY: /s/ Xxxxxx XxXxxxxx
------------------------------ --------------------------
/s/ Xxx Xxxxxx TITLE: V/P Administration
------------------------------ -----------------------
SEVENTH AMENDMENT TO LEASE AGREEMENT
U.S. UNWIRED
STATE OF LOUISIANA
PARISH OF CALCASIEU
This Seventh Amendment to Lease by and between Hibernia National Bank, Successor
by merger to Calcasieu Marine National Bank of Lake Xxxxxxx, whose mailing
addresses are c/o Property One, Inc., Xxx Xxxxxxxxx Xxxxx, Xxxxx 000, Xxxx
Xxxxxxx, Xxxxxxxxx 00000 and Hibernia National Bank, attention Administrative
Services, X.X. Xxx 00000, Xxx Xxxxxxx, Xxxxxxxxx 00000 (hereinafter referred to
as "Lessor") and U.S. Unwired, (formerly Mercury, Inc., "Lessee") whose mailing
address is Xxx Xxxxxxxxx Xxxxx, Xxxxx 0000, Xxxx Xxxxxxx, Xxxxxxxxx 00000.
WITNESSETH
WHEREAS, by Lease Agreement dated April 29, 1996 by Lessee and April 30, 1996 by
Lessor, in which Lessor agreed to lease to Lessee and Lessee agreed to lease
approximately 37,949 net rentable square feet (35,148 usable square feet) on the
20th, 19th, 15th, 14th, 7th and 1st floors (the "Premises") of Hibernia Tower
(formerly the CM Tower) (the "Building"), and,
WHEREAS, Lessor and Lessee entered into a First Amendment to Lease Agreement
dated June 3, 1996 by Lessor and Lessee which granted Lessee the right to use
Suite 1200 on a temporary basis until the construction of the permanent Lease
Premises was completed, and
WHEREAS, Lessor and Lessee entered into a Second Amendment to Lease Agreement
dated November 25, 1996 by Lessee and December 2, 1996 by Lessor, which
established the square footage of the newly constructed Lease Premises as 41,279
net rentable square feet (40,947 usable square feet) and the term of the Lease
as 60 months commencing November 15, 1996 and expiring November 14, 2001 at a
base monthly rental of $38,001.08, and
WHEREAS, Lessor and Lessee entered into a Third Amendment to Lease Agreement
dated March 4, 1997 by Lessee and March 7, 1997 by Lessor, which expanded the
Leased Premises to 51,585 net rentable square feet (49,906 usable square feet)
commencing March 15, 1997 and expiring November 14, 2001 at a base monthly
rental of $47,498.43, and
WHEREAS, Lessor and Lessee entered into a Fourth Amendment to Lease Agreement
dated March 14, 1997 by Lessee and March 18, 1997 by Lessor, which reduced the
Leased Premises to 50,855 net rentable square feet (49,274 usable square feet)
commencing March 15, 1997 and expiring November 14, 2001 at a base monthly
rental of $46,828.98 with Lessee's free parking ratio decreased to 51 vehicles,
and
WHEREAS, Lessor and Lessee entered into a six-month Option To Reduce Leased
Premises dated December 15, 1997 by Lessor and Lessee, in which Lessee was
granted a one-time option to reduce the Leased Premises by a total of up to
30,000 square feet to relocate Lessee's operations to the Pujo Property, and
WHEREAS, Lessor and Lessee entered into a Fifth Amendment to Lease Agreement
dated March 13, 1998 by Lessee and March 19, 1998 by Lessor, which increased the
Leased Premises to 56,653 net rentable square feet (55,072 usable square feet)
commencing June 15, 1998 and expiring November 14, 2001 at a base monthly rental
of $52,167.97 with Lessee's free parking ratio increased to 56 vehicles, and
WHEREAS, Lessor and Lessee entered into a Sixth Amendment to Lease Agreement
dated February 12, 1999 by Lessee and February 17/th/, 1999 by Lessor, which
decreased the Leased Premises to 56,075 net rentable square feet, (54,569
usable) commencing March 1, 1999 and expiring November 14, 2001 at a base
monthly rental of $51,635.73, and
WHEREAS, Lessor and Lessee hereby agree to modify the Lease in accordance with
the terms expressed in this Seventh Amendment to Lease;
NOW THEREFORE, Lessor and Lessee hereby agree as follows:
1) Section I., 1.2, Leased Premises - The net rentable area of the Leased
---------------
Premises is increased to 57,701 net rentable square feet (55,983 usable) due to
the addition of Suite 980 (1626 net rentable square feet) to the Leased
Premises, as outlined on the floor plan attached hereto and made a part of this
Seventh Amendment to Lease Agreement as Attachment "A-11".
2) Section II., 2.1, Term - The term of the addition of Suite 980 shall be one
----
year, commencing on August 9, 1999 and expiring on August 8, 2000.
3) Section III, 3.1. Rent - Base monthly rental for the entire Leased Premises
----
shall be Fifty-three thousand one hundred thirty-three dollars and ($53,133.00),
----------------------------------------------------------------------
payable on or before the first day of each calendar month of the lease term.
The monthly installment of base rental shall be prorated based upon the actual
occupancy date.
4) Section VI., 6.1. Parking - Lessee's free parking shall increase to
-------
fifty-seven (57) cars in accordance with the parking ratio of one free space per
1,000 square feet of Net Rentable Area leased with one per 750 square feet
guaranteed in Lessor's adjacent parking garage.
This Seventh Amendment to Lease shall be governed by the same terms and
conditions of the original Lease Agreement as amended. All other terms,
covenants and conditions of this Lease, as amended, remain in full force and
effect as heretofore.
IN WITNESS WHEREOF, this Sixth Amendment to Lease is executed by Lessor at New
Orleans, Louisiana this 9th day of August, 1999.
WITNESSES: HIBERNIA NATIONAL BANK
/s/ Xxxxxx X. Xxxx BY: /s/ Xxxxxx X. DeLatto
---------------------------- ----------------------
/s/ [ILLEGIBLE] TITLE: SVP
---------------------------- --------------------
IN WITNESS WHEREOF, this Sixth Amendment to Lease is executed by Lessee at Lake
Charles, Louisiana this 5 day of August, 1999.
WITNESSES: U.S. UNWIRED
/s/ Xxxxx XxXxxxx BY: /s/ Xxxxxx X. XxXxxxxx
---------------------------- -----------------------
/s/ Xxxxxxx Xxxxxxxxx TITLE: V P Administration
---------------------------- --------------------
