EXHIBIT 10.07
BUSINESS PROPERTY LEASE
APPROVED BY BUILDING OWNERS AND MANAGERS ASSOCIATION OF OMAHA, INC.
This Lease, Made and executed in Omaha, NE by and between
The LESSOR 99-Maple Partnership and the LESSEE West Telemarketing Corporation
Witnesseth: That the Lessor does hereby demise and lease unto the Lessee, the
Following described property, situated in Omaha, Xxxxxxx County, Nebraska,
to-wit:
DESCRIPTION OF PROPERTY
A parcel of land more particularly described on the survey attached
hereto and by this reference made a part hereof.
TERM AND PURPOSE
1. The Lessee agrees to use and occupy the premises for offices and
operating space for telemarketing facility, and no other purpose, for a term of
____________________________ years, said lease term beginning on September 1,
1994, and ending on August 31, [ILLEGIBLE] 2004 unless sooner terminated as
hereinafter provided.
RENTAL
2. In consideration of the foregoing demise, the Lessee hereby covenants
to perform the agreements hereby imposed, and to pay the Lessor as rental for
said premises the sum of
______________________________________________($_________), payable as follows:
For the period from ____________ to _______________, 19__, $_________ per month
For the period from _____________________________ to _____, 19_, $___ per month
______________________________________________________________________________
said rental to be payable monthly in advance, on the 1st day of each successive
month, at the office of 99-Maple Partnership, c/o Xxxx X. Xxxx, 9746 Ascot
Drive, Omaha, NE or at such other place as the Lessor shall direct.
It is understood and agreed that the amount of rent stated above shall be
the base rental and shall be adjusted on the 2nd anniversary date of this lease
and each 2nd anniversary date thereafter in order to reflect the change in
purchasing power of the dollar. Such adjustments shall be made upon the
following basis: The Consumer's Price Index for all cities as prepared by the
United States Department of Labor shall be used as the basis of computation and
said index for the date of this lease shall be considered as 100 per cent. Said
Index shall be taken on the 2nd anniversary date of this lease. The price index
thus obtained shall be considered the applicable index for the rent payable
starting on the 2nd anniversary date of this lease, and for each of the
following ___________ years. Said price index thus obtained shall be compared
with the price index figure for the date of this lease and the annual base
rental should be either increased or decreased by whatever percentage of
increase or decrease the price index bears to the price index as of the date of
this lease. However, at no time will the rental be less than the base rental in
this lease.
SERVICE
3. It is understood that for the rent mentioned, the Lessor shall furnish
service as follows: none in the manner customary in the building. It is hereby
agreed that the Lessor shall have the right to discontinue any service above
mentioned or any part thereof whenever and during any period for which bills for
rent or other service are not promptly paid by the Lessee. It is also agreed
that the Lessor shall not be liable for damages nor shall the rental
hereinbefore stipulated be abated for failure to furnish, or delay in
furnishing, any service above mentioned or any part thereof as aforesaid when
such failure to furnish, or delay in furnishing, is occasioned by needful
repairs, renewals or improvements, or in whole or in part by any strike or labor
controversy, or by any accident or casualty whatsoever, or by an act or default
of the Lessee or other parties, or by any unauthorized act or default of any
employee of the Lessor, nor for any other cause or causes beyond the reasonable
control of the Lessor.
WATER, GAS, ELECTRIC, SEWER USE FEES, ETC., CHARGES
4. The Lessee further agrees to pay from time to time as same may become
due all water, gas, electricity or other charges levied or assessed against,
incurred at or chargeable to or in connection with the leased premises during
the term of this lease and to save the premises and Lessor harmless therefrom.
Lessee further agrees to pay any and all sewer use fees which may be
assessed against the demised premises whether based on a minimum fee, a
percentage charge, or whatever basis said fee shall be levied. In addition to
the usual monthly charge for water, the Lessee further agrees to pay any and all
additional charges which the Metropolitan Utilities District may make against
the demised premises for the use by the Lessee of water for air conditioning
purposes.
CONDITION OF PREMISES
5. Lessee has examined said premises prior to his acceptance and the
execution hereof and is satisfied with the physical condition thereof, including
all equipment and appurtenances, and his taking possession thereof shall be
conclusive evidence of his receipt thereof in satisfactory order and repair,
except as otherwise specified herein, and Lessee agrees and admits that no
representation as to the condition or repair hereof has been made by the Lessor
or his agent which is not herein expressed or indorsed hereon; and likewise
agrees and admits that no agreement or promise to decorate, alter, repair, or
improve said premises including all equipment and appurtenances, either before
or after the execution hereof, not contained herein, has been made by Lessor or
his agent.
REPAIRS
6. In consideration of the foregoing demise and the rate of rental herein
stipulated, the Lessee agrees during the term of this lease, at his own expense,
to keep in good and substantial order and repair and to make all necessary
repairs, renewals, replacements and decorations upon or in connection with said
premises, including all windows and doors and glass, wherever located, and all
plumbing, heating equipment, boilers, elevators, pipes, wiring, and gas, steam
and electrical fixtures, connections and fittings and all other equipment,
fixtures and appurtenances, and excepting only the exterior of the premises
(exterior of the premises shall not include windows, doors or any glass).
However, it is not the intention of the parties hereto that the foregoing
repairs, renewals, replacements, and/or decorations shall be made by the Lessee
when such repairs, renewals, replacements and/or decorations are occasioned by
fire, windstorm or other unavoidable casualty, except that the Lessee shall make
all glass replacements made necessary from any cause other than fire, windstorm
and structural deficiency of the building.
ASSIGNING, SUBLETTING, INSURANCE, ALTERATIONS, AIR CONDITIONING, COOLING
7. It is provided that the Lessee shall not assign this lease nor let or
sublet said premises or any part thereof nor use the same nor permit the same to
be used for any purpose other than as above described, nor keep or store in or
about the premises anything which will increase the rate of insurance on the
building, nor permit any change in occupancy or transfer of this lease by
operation
of law, or otherwise, nor make any alterations or additions or improvements,
including air conditioning and cooling systems in said premises, nor place,
affix or display in any manner in, upon or in connection with said premises, any
"for rent," display or advertising sign or device without the written consent of
the Lessor first obtained, and Lessee will not invalidate any policies of
insurance now or hereafter made on said building, and Lessee will pay all extra
insurance premiums on said building, if any, required on account of extra risk
caused by the Lessee's use of the demised premises, and it is further provided
that all additions, fixtures or improvements which may be made of the Lessee to
said premises, except movable office furniture and trade fixtures, shall be made
only after the Lessor has given written consent and shall become the property of
the Lessor, and shall remain and be surrendered in good condition with the
premises as apart thereof at the termination of this lease, by lapse of time or
otherwise.
It is understood and agreed, however, that Lessee shall maintain an
insurable interest in said additions, fixtures and improvements during the term
of this lease and that in the event of any casualty loss to said additions,
fixtures and improvements the Lessee shall be entitled to the proceeds from any
insurance the Lessee may have carried on the same.
Lessee agrees, upon the termination hereof, to remove all Lessee's
property except such as according to the conditions of this lease is to remain
as part of the premises.
COMPLIANCE WITH LAWS--KEEP PREMISES SAFE AND CLEAN
8. The Lessee shall keep said premises and operate his business therein in
a manner which shall be in compliance with all laws, rules and regulations,
orders and ordinances of the city, county, state and federal government and any
department of either, and will not suffer or permit the premises to be used for
any unlawful purpose, and he will protect the Lessor and save him and the said
premises harmless from any and all fines and penalties that may result from or
be due to any infractions of, or non-compliance with, the said laws, rules,
regulations, orders and ordinances. Lessee agrees to keep the said premises and
all sidewalks and approaches thereto in a safe condition and free and clear of
ice and snow and all other matter which may be dangerous to the public and free
of all obstructions.
Lessee will hold Lessor exempt and harmless for and on account of any
damages or injury to any person, or to the goods, wares and merchandise of any
person, arising from the use of the premises by Lessee, or arising from the
failure of Lessee to keep the premises in good condition as herein provided.
DAMAGE BY FIRE OR OTHER CASUALTY
TERMINATION PRIVILEGES
9. It is provided that in case the said premises, or any part thereof,
shall at any time be destroyed or damaged by fire or other unavoidable casualty,
so that the same shall be unfit for occupation or use, then the rent hereby
reserved, or a fair and just proportion thereof, according to the nature and
extent of the damage sustained in loss of occupation of the premises, shall be
suspended, cease to be payable and so continue until said premises shall be
rebuilt or made fit for occupation and use, or if such damage to the said
demised premises or to the building in which the demised premises are situated,
is to the extent of 50% or more, then this lease may be terminated at the
election of the Lessor, notice of which election, if exercised, shall be given
in writing within 25 days from date of casualty, provided also that in case the
building containing said premises is totally destroyed or work to put the
premises in tenantable condition is not commenced within one month from the time
of said damage and continued thereafter, with reasonable diligence, then this
lease may be terminated at the election of the Lessee, notice of which election,
if exercised, must be given in writing within 35 days from date of casualty.
Each party hereto hereby waives all claims for recovery from the other party for
any loss or damage to any of its property insured under valid and collectible
insurance policies to the extent of any recovery collectible under such
insurance, subject to the limitations that this waiver shall apply only when
permitted by the applicable policy of insurance.
PERSONAL PROPERTY AT RISK OF LESSEE
10. All personal property in the leased premises shall be at the risk of
the Lessee only and the Lessor shall not be or become liable for any damage to
said personal property, so said premises or to said Lessee or to any other
persons or property caused by water leakage, steam, sewerage, gas or odors or
for any damage whatsoever done or occasioned by or from any boiler, plumbing,
gas, water, steam or other pipes or any fixtures, equipment or appurtenances
whatsoever, or for any damage occasioned by water, snow or ice, being upon or
coming through the roof, sky-light, trap door, or otherwise, or for any damage
arising from any act or neglect of other tenants, occupants, or employees of the
building in which the leased premises are situated or arising by reason of the
use of, or any defect in, the said building or any of the fixtures, equipment or
appurtenances therein, or by the act or neglect of any other person or caused in
any other manner whatsoever.
RIGHT OF LESSOR TO ENTER FOR REPAIRS, ALTERATIONS, ETC.
11. The Lessor, his agents or representatives, shall have the right to
enter said premises at all reasonable times, to examine or exhibit the same, or
to make such repairs, additions or alterations as Lessor may see fit to make for
the safety, improvement or preservation thereof, or of the building of which the
leased premises are a part or for any other reasonable purpose. The Lessor may
display "for rent" signs on or about the said premises and in the windows
thereof for sixty days prior to the termination of this lease.
DEFAULT, BANKRUPTCY, ETC.
12. Should default be made by the Lessee in the payment of the rental
herein reserved, or any part thereof, when and as herein provided, or should
Lessee make default in the performing, fulfilling, keeping or observing of any
of the Lessee's other covenant, conditions, provisions or agreements herein
contained; or should a petition in bankruptcy be filed by the Lessee or should
the Lessee be adjudged bankrupt or insolvent by any court or should a trustee or
receiver in bankruptcy or a receiver of any property of the Lessee be appointed
in any suit or proceeding by or against the Lessee or should the demised
premises become vacant or [ILLEGIBLE] or should this lease by operation of law
pass to any person other than the Lessee, or should the leasehold interest be
levied on under execution, then and in any of such events the Lessor may, if the
Lessor so desires, without demand of any kind or notice to the Lessee, or any
other person at once declare this lease terminated, and the Lessor may re-enter
said premises without any former notice or demand and hold and enjoy the same
thenceforth as if these presents had not been made, without prejudice, however,
to any right of action or remedy of the Lessor in respect to any breach by the
Lessee of any of the covenants herein contained. In case Lessor does not elect
to take advantage of the right to terminate this lease conferred by the
foregoing provision of this paragraph, the Lessor shall nevertheless have and
Lessor is hereby expressly given the right to re-enter the said premies, with or
without legal process, should any of the events hereinbefore specified take
place or occur, and to remove the Lessee's signs, and all property and effects
of the Lessee or other occupants of said premises, and if the Lessor so desires,
to relet the said premises or any part thereof upon such terms, and to such
person or persons and for such period or periods as may seem fit to the Lessor,
and in case of such reletting, the Lessee shall be liable to the Lessor for the
difference between the rents and payments herein reserved and agreed upon for
the residue of the entire stipulated term of this lease and the net rent for
such residue of the term realized by the Lessor by such reletting such net rent
to be determined by deducting from the entire rent received by Lessor from such
reletting the expenses of recovering possession, reletting, altering and
repairing said premises and collecting rent therefrom; and the Lessee hereby
agrees to pay such deficiency each month as the same may accrue, the Lessee to
pay to the Lessor within five (5) days after the expiration of each month during
such residue of the term, the difference between the rent and payments for said
month as fixed by this lease and the net amount realized by the Lessor from the
premises during said month.
VACATION OF PREMISES BY LESSEE
LIEN ON PERSONAL PROPERTY
13. If the Lessee shall not promptly remove all his property from said
premises whenever the Lessor shall become entitled to the possession of said
premises as herein agreed, the Lessor may, without notice, remove the same, or
any of the same, in any manner that the Lessor may choose, and the Lessee will
pay the Lessor, on demand, any and all expenses incurred in such removal, and
also storage on said effects for any length of time during which the same shall
be in the Lessor's possession or control, or if the Lessee shall at any time
vacate or abandon said premises, and leave any goods or chattels in, upon or
about the premises, for a period of ten days after such vacation or abandonment,
or after the termination of this lease in any manner whatsoever, then the Lessor
shall have the right to sell all or any part of said goods and chattels, at
public or private sale, without giving any notice to the Lessee, or any notice
of sale, all notices required by statute or otherwise being hereby expressly
waived, and to apply the proceeds of such sale, first to the payment of all
costs and expenses of conducting the sale or caring for or storing the goods and
chattels; and, second, to apply the balance, if any, to any indebtedness due
from the Lessee to the Lessor; and third, to deliver any additional surplus, on
demand in writing, to the Lessee. It is further agreed that all the goods,
chattels, fixtures and other personal property belonging to said Lessee, which
are, or may be put into the said leased premises during said term, whether
exempt or not from sale under execution and attachment under the laws of the
State of Nebraska, shall at all times be bound with a first lien in favor of
said Lessor, and shall be chargeable for all rent hereunder and the fulfillment
of the other covenants and agreements herein contained, which said lien may be
enforced in like manner as a chattel mortgage, or in any other manner afforded
by law.
CONTINUED OCCUPANCY OF PREMISES
14. Lessee covenants to, and it is the essence of this lease that the
Lessee shall, continuously and uninterruptedly during the term of this lease,
occupy and use the premises for the purpose hereinabove specified, except while
premises are untenantable by reason of fire or other unavoidable casualty, and
in this connection it is agreed that in case of breach of this covenant the
Lessee shall, in addition to the rental hereinabove provided for, pay to the
Lessor monthly a sum equal to 25% of the monthly rental stipulated herein, for
each and every month during which the premises are not so continuously and
uninterruptedly used and occupied, as liquidated damages for the Lessee's breach
of covenant, it being recognized by the parties that the exact amount of damages
to the Lessor on account of such breach cannot be accurately ascertained. This
provision shall, however, in no wise abridge or affect any other right or remedy
which the Lessor may have on account of or in connection with the Lessee's
breach of this covenant.
Provided also, and this lease is upon these express conditions, that the
Lessor and the Lessor's successor or assigns shall have the right to terminate
this lease absolutely at the end of the calendar month by first giving to the
Lessee, or the Lessee's assigns, or by leaving at said demised premises,
addressed, to the Lessee, at least six months before the [ILLEGIBLE] of such
termination, a written notice of the Lessors intention to remodel, [ILLEGIBLE]
demolish the said building, or to sell, or [ILLEGIBLE] ground lease of the land
thereunder, the rate of rent herein stipulated being the consideration for this
agreement.
HOLDOVER
l5. The Lessee agrees at the termination of this lease, by lapse of time
or otherwise, to worthwith leave, surrender and yield up the demised premises in
good and substantial order and repair. It is understood and agreed that this
lease shall not extend beyond the term herein granted, and a holding over or
continuance in the occupancy of the demised premises shall not work an extension
of the said lease, but in any and all such cases, the Lessee shall be a
trespasser or a tenant at will at the option of the Lessor, subject to removal
by the said Lessor by summary process and proceedings, it being provided further
that an acceptance of rent by the Lessor during such holding over period shall
operate to create a tenancy from month to month only, terminable upon thirty
days' notice, and in that case all provisions of this lease not consistent with
a tenancy from month to month shall remain in force.
ACCEPTANCE OF RENT AFTER PROCEEDINGS
16. It is agreed that after the service of notice of the commencement of
suit, or after final judgment for possession of the premises, the Lessor may
receive and collect any rent due without prejudice to, nor waiver of or effect
upon the said notice, suit or judgment.
CHARGES ADDED TO RENT
17. In the event of the failure of the Lessee to perform any of the
covenants, agreements or conditions herein contained, the Lessor shall have the
right but shall not be obligated to pay any sum of money or incur any expense
which should have been paid or incurred by the Lessee in the performance of any
such covenant, agreement or condition. The Lessee covenants that in case the
Lessor, by reason of the failure of the Lessee to perform any of the covenants,
agreements, or conditions herein contained, shall be compelled to pay or shall
pay any sum of money, or shall be compelled to do or shall do any act which
requires the payment of money, then the sum or sums so paid or required to be
paid, together with interest, costs and damages, shall be added to the
installment of rent, next becoming due and shall be collectible as additional
rent in the same manner and with the same remedies as if it had been originally
reserved, any sum so paid by Lessor to bear interest at the rate of 6% per annum
from date of payment by Lessor to date of repayment by Lessee.
WAIVER--NONE
18. The failure of the Lessor to insist upon a strict performance of any
of the covenants or conditions of this lease or to exercise any right or option
herein conferred in any one or more instances, shall not be construed as a
waiver or a relinquishment for the future of any such covenants, conditions,
rights or options, but the same shall remain in full force and effect; and the
doing by the Lessor of any act or thing which Lessor is not obligated to do
hereunder shall not be deemed to impose any obligation upon the Lessor to do
any such act or thing in the future or in any way change or alter any of the
provisions of this lease.
SURRENDER VALID UNLESS WRITTEN
19. No surrender of the premises for the remainder of the term herein
shall be binding upon the Lessor unless accepted by the Lessor in writing.
Without limiting the scope or effect of the last preceding sentence, it is
agreed that the receipt or acceptance of the keys of the premises by the Lessor
shall not constitute an acceptance of a surrender of said premises.
LESSOR'S RIGHT CUMULATIVE--NO CHANGE HEREOF EXCEPT IN WRITING
20. All rights and remedies of the Lessor under or in connection with this
lease shall be cumulative and none shall be exclusive of any other rights or
remedies allowed by law. No agreements shall be held as changing or in any
manner modifying, adding to or detracting from any of the terms or conditions of
this lease, unless such agreement shall be in writing, executed by both parties
hereto.
EMINENT DOMAIN
21. If the whole or any part of the premises hereby leased shall be taken
by any public authority under the power of eminent domain, then the term of
this lease shall cease on the part so taken from the day the possession of that
part shall be required for any purpose, and the rent shall be paid up to that
day, and if such portion of the demised premises is so taken as to destroy the
usefulness of the premises for the purpose for which the premises were leased,
then, from that day the Lessee shall have the right either to terminate this
lease and declare the same null and void or to continue in the possession of the
remainder of the same under the terms herein provided, except that the minimum
rent shall be reduced in proportion to the amount of the premises taken. All
damages awarded for such taking shall belong to and be the property of the
Lessor, including such damages as shall be awarded as compensation for
diminution in value to the leasehold, provided, however, that the Lessor shall
not be entitled to any portion of the award made to the Lessee.
EXPLANATORY PROVISION
22. The words "Lessor" and "Lessee" shall be taken to include and be
binding upon the parties hereto and their respective heirs, executors,
administrators, successors and assigns, and shall be taken in the plural sense,
whenever the context requires, and all pronouns used herein and referring to
said parties shall be construed accordingly, regardless of the number or gender
thereof.
Headings of the various paragraphs herein are inserted merely as a matter
of convenience and for reference and shall not be considered as in any manner
defining, limiting or describing the scope or intent of the particular
paragraphs to which they refer or as affecting the meaning or construction of
the language in the body of such paragraphs.
23. Tripe Net Lease: Lessee shall pay all taxes, insurance and other
maintenance required by the mortgage in favor of The Ohio National Life
Insurance Company, which mortgage is by this reference made a part hereof.
24. Lessee hereby accepts the premises as satisfactory to all
requirements of Lessee and agrees that it is absolutely obligated to pay the
rent set forth in paragraph 2 hereof.
25. If Lessor does not now have possession of the premises, it is
hereby covenanted and agreed that if the demised premises above described shall
not be available for occupancy at the date named in said lease as the time when
the lease term is to commence, then said lease shall commence on the date when
said premises shall be available for occupancy, and a pro rata abatement of the
rental herein provided shall be made until said premises are available for
occupancy but the expiration of said lease shall remain the same; and the Lessor
shall not be liable for any loss or damage of any kind whatsoever that the
Lessee may sustain or claim to have sustained by reason of such
delay. ________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
Until this lease is executed on behalf of all parties hereto, it shall be
construed as an offer of proposed Lessee to proposed Lessor.
Time being of the essence, this lease must be completed on behalf of all parties
on or before _____________________________________ to be effective.
IN WITNESS WHEREOF, the parties hereto have executed this lease this
___________ day of _________, 19 ______.
WITNESS:
99 Maple Partnership,
_________________________ ---------------------------------
Lessor
_________________________ By: /s/ Xxxx X. Xxxx
---------------------------------
Lessor
_________________________ WEST TELEMARKETING CORPORATION,
---------------------------------
Lessee
BY: /s/ Xxxx Xxxx, President
_________________________ ---------------------------------
Lessee
ASSIGNMENT AND ACCEPTANCE
For value received, the Lessee hereby assigns all right, title and
interest in and to the within lease, from and after __________________, 19
_________, unto _______________________________ his or its heirs and assigns,
and in consideration of the Lessor's consent to this assignment agrees to remain
primarily liable to the Lessor, jointly and severally with the assignee, for the
performance of all of the covenants on the part of the Lessee in said lease
mentioned.
Dated this ___________________ day of ____________________, 19___________.
________________________________________
________________________________________
In consideration of the above assignment, and the written consent of the
Lessor hereto, the undersigned hereby assumes and agrees to make all payments
from and after ______________, 19___________, and to perform all the covenants
and conditions of the within lease to be made and performed by the Lessee, and
to have the assignor harmless from all liability thereunder.
Dated this _________________ day of __________________, 19,_____________.
________________________________________
________________________________________
CONSENT TO ASSIGNMENT
Lessor hereby consents to the assignment of the within lease to _________
on the express conditions, however that the assignor shall remain liable for the
prompt payment of the rent and performance of the covenants on the part of the
Lessee as herein mentioned and that no further assignment of said lease or
subletting of the premises, or any part hereof, shall be made without the
written consent of the Lessor first had thereto.
Dated this ___________________ day of ____________________, 19___________.
________________________________________
________________________________________
BUSINESS PROPERTY
LEASE
Premises_____________________________________
Lessor_______________________________________
Lessee_______________________________________
From_________________________________________
To___________________________________________
Rent Per Month $_____________
$_____________
Rent Per Year $_____________
$_____________
Eight Million Three Hundred Ninety Thousand One Hundred and No/100ths Dollars
($8,390,100.00), payable as follows:
For the period from September 1, 1994 to August 31; 1995
$53,040.00 per month
For the period from September 1, 1995 to August 31, 1996
$56,225.00 per month
For the period from September 1, 1996 to August 31, 1997
$59,600.00 per month
For the period from September 1, 1997 to August 31, 1998
$63,175.00 per month
For the period from September 1, 1998 to August 31, 1999
$66,965.00 per month
For the period from September 1, 1999 to August 31, 2000
$71,000.00 per month
For the period from September 1, 2000 to August 31, 2001
$75,200.00 per month
For the period from September 1, 2001 to August 31, 2002
$79,775.00 per month
For the period from September 1, 2002 to August 31, 2003
$84,560.00 per month
For the period from September 1, 2003 to August 31, 2004
$89,635.00 per month
LAND SURVEYOR'S CERTIFICATE
I hereby certify that this plat, map, survey or report was made by me or under
my direct personal supervision and that I am a duly Registered Land Surveyor
under the laws of the State of Nebraska.
Legal Description : That part of Xxxx X xxx X, Xxxxx 0, XXXXX XXXXXXX, a
subdivision as surveyed, platted, and recorded in Xxxxxxx
County, Nebraska, described as follows:
(See attached page for complete legal)
Plat to scale showing tract surveyed with all pertinent points.
[MAP]
/s/ Xxxxxx X. Xxxxx, Xx.
--------------------------
Signature of Land Surveyor
[SEAL]
DATE RECEIVED: _____________________ Date: 1-9-87 Reg. No. ___
OFFICIAL ADDRESS: __________________
BLDG. PERMIT NO.: __________________
Book 86-B Page 59-64 Job Number 00-0000-0
[LAMP, XXXXXXXXX & ASSOCIATES, INC. LOGO]
erohitects engineers surveyors planners
0000 xxxx xxxxx xxxx xxxxx, xxxxxxxx 00000 402.387.3008
000 x. xxxxxx xxxxxx xxxxx xxxxxx, xxxxxxxx 00000 308.382.4077
LEGAL DESCRIPTION:
That part of Xxxx X xxx X, Xxxxx 0, XXXXX XXXXXXX, a subdivision as surveyed,
platted and recorded in Xxxxxxx County, Nebraska, described as follows:
Beginning at the Point of Intersection of the South line of Xxxx Street, as
dedicated, and the East line of Xxx X, Xxxxx 0, XXXXX XXXXXXX as surveyed,
platted, and recorded; thence North 90 degrees 00'00" West (Assumed Bearing) for
385.00 feet along the said South line of Xxxx Street; thence South
00 degrees 3'28" West for 384.23 feet; thence South 89 degrees 46'19" East for
59.89 feet; thence South 00 degrees 05'25" West for 204.86 feet to the North
line of Maple Street; thence South 89 degrees 54'53" East for 100.30 feet along
said North line of Maple Street; thence along a curve to the left (having a
radius of 89.00 feet and a long chord bearing North 59 degrees 13'36" East for
91.46 feet) for an arc distance of 96.05 feet along the Westerly line of
Maplewood Boulevard; thence North 28 degrees 12'01" East for 44.09 feet along
said Westerly line of Maplewood Boulevard; thence along a curve to the right
(having a radius of 205.52 feet and a long chord bearing North 39 degrees 54'12"
East for 82.96 feet) for an arc distance of 83.53 feet along the said Westerly
line of Maplewood Boulevard; thence along a curve to the left (having a radius
of 190.04 feet and a long chord bearing North 40 degrees 31'01" East for 72.66
feet) for an arc distance of 73.11 feet along the said Westerly line of
Maplewood Boulevard; thence continuing along said curve to the left (having a
radius of 190.04 feet and a long chord bearing North 14 degrees 39'59" East for
97.28 feet) for an arc distance of 98.38 feet along the said Westerly line of
Maplewood Boulevard; thence North 04 degrees 21'20" East for 9.09 feet along the
said Westerly line of Maplewood Boulevard; thence North 00 degrees 04'23" East
for 281.78 feet along the said Westerly line of Maplewood Boulevard to the POINT
OF BEGINNING.
Contains 4.40 Acres.
LAMP, XXXXXXXXX & ASSOCIATES, INC.
JOB NUMBER 86-1065
February 18, 1986
FIRST AMENDMENT TO BUSINESS PROPERTY LEASE
THIS FIRST AMENDMENT TO BUSINESS PROPERTY LEASE is entered into this 10th
day of Dec., 2003, between 99-MAPLE PARTNERSHIP ("Lessor") and WEST
TELEMARKETING CORPORATION ("Lessee").
RECITALS
Lessor and Lessee are parties to that certain Business Property Lease
dated as of September 1, 1994 (which Business Property Lease is referred to
herein as the "Lease"), pursuant to which Lessor leased to Lessee that certain
building commonly known as West 1, located at 0000 Xxxxx Xxxxxx in Omaha,
Nebraska and legally described on the survey attached to the Lease (the
"Premises"). The Lease is scheduled to expire on August 31, 2004, and Landlord
and Tenant wish to extend the term of the Lease, as hereinafter provided.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing premises, the mutual
covenants contained herein and other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, Lessor and Lessee
hereby agree as follows:
1. Lease Term. The term of the Lease shall be, and it hereby is, extended
through August 31, 2014.
2. Base Rent. Lessor and Lessee acknowledge and agree that the total floor
area of the Premises is 43,000 square feet. Consistent with the foregoing,
Section 2 of the Lease is hereby deleted in its entirety and replaced with the
following provision:
2. BASE RENT. In consideration of the foregoing demise, the Lessee
hereby covenants to perform the agreements hereby imposed, and to pay
the Lessor as base rental for said premises the following amounts:
Lease Period Per Square Foot Annual Monthly
------------ --------------- ------------ ------------
September 1, 2004 to $ 15.50 $ 666,500.00 $ 55,541.67
September 1, 2009
September 1, 2009 to $ 17.00 $ 731,000.00 $ 60,916.67
September 1, 2014
Said base rental shall be payable monthly in advance, on the first day
of each successive month, at the office of 99-Maple Partnership, c/o
Xxxx X. Xxxx, 9746 Ascot Drive, Omaha, Nebraska, or at such other place
as the Lessor shall direct.
3. Triple Net Lease. Section 23 of the Lease is hereby deleted in its
entirety and replaced with the following provision:
23. TRIPLE NET LEASE. Lessee shall pay all real estate and personal
property taxes and assessments of any kind or nature relating to the
Premises prior to delinquency; shall pay all utilities, sewer use fees
and other similar charges relating to the Premises; shall procure and
keep in full force and effect all fire, casualty, and liability
insurance policies for the Premises and shall pay all premiums
therefor; and shall provide and pay for all repairs and maintenance
relating to the Premises. It is the purpose and intent of Lessor and
Lessee that the base rental payable herein shall be absolutely net to
Lessor so that this Lease shall yield to Lessor the base rental
specified in each year during the term of this Lease free of any real
estate and property taxes, special assessments, charges for utilities,
repairs and maintenance expense, and insurance premiums and Lessor
shall not be expected or required to pay any such taxes, utility
charges, assessments or insurance premiums and any and all costs,
expenses and obligations of any kind relating to the repair and
maintenance of the Premises, which may have arisen or become due under
the terms of this Lease shall be paid by Lessee, and Lessor shall be
indemnified and saved harmless by Lessee from and against such charges,
taxes, assessments, costs, expenses and obligations of any kind
whatsoever.
4. Continuing Effect. Subject only to the amendments expressly set forth
in this First Amendment to Business Property Lease, all terms and conditions of
the Lease continue in full force and effect.
IN WITNESS WHEREOF, this First Amendment to Business Property Lease has
been executed by the undersigned parties as of the date first set forth above.
LANDLORD: 99-MAPLE PARTNERSHIP
By: /s/ Xxxx Xxxx
-----------------------
Name:______________________
Title:_____________________
TENANT: WEST TELEMARKETING
CORPORATION,
a Delaware corporation
By: /s/ Xxxxxx X. Xxxxxx
--------------------------
Name: Xxxxxx X. Xxxxxx
Title: Chief Executive Officer
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