FIRST LEASE AMENDMENT
Exhibit
10.1
FIRST
LEASE AMENDMENT
This
Amendment is made and entered into this 16 day of August, 2007 by and between
EastGroup Properties, L.P. (Lessor) and Sequiam Sports Inc.
(Lessee).
WHEREAS,
Lessor and
Lessee, are parties to a Lease Agreement made April 29, 2004, for
the demise of 24,085 square feet of space (the "Original Space") located at
000
Xxxxxxx Xxxx, Xxxxx 000-X, Xxxxxxx, XX 00000, and
WHEREAS,
Lessee now
wishes to contract its currently leased premises (“Existing Space”) from
24,085 square feet to 12,934 square feet and extend the term of
the current lease and Lessor agrees to the contraction and extension and to
evidence and set forth their agreement as to the terms and conditions of the
contraction and extension.
NOW,
THEREFORE, for
and in consideration of the mutual advantages arising hereunder and other good
and valuable considerations, Lessor and Lessee hereby agree to hereby amend
said
Lease as follows:
1.
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Space
Contraction. The Lessee agrees to contract its leased
premises by 11,151 square feet (“Contraction Space”), which results in an
decreased Leased Premises size of 12,934 square feet ("Amended Leased
Premises"), as shown on the plan attached hereto as "Exhibit “A",
effective November 1, 2007, and the revised prorata share be 21.48%
of the
total leasable area within the 60,214 square foot
building.
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2.
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Term
Extension. The term of the Lease shall be extended for a
period of twenty-eight (28) months, July 1, 2010 through October
31,
2012.
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3.
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Rental. As
Total Rental for the use and occupancy of the Amended Leased Premises,
Lessee shall pay to Lessor, beginning November 1, 2007, in lawful
money of
The United States of America, per the Rent Schedule below, plus Operating
Expenses and Florida State sales tax, in advance on the first day
of each
and every month during said Lease Term, and all other sums anticipated
to
come due under this Lease, if any.
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RENT
SCHEDULE*
Term
|
PSF
|
Monthly*
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11/1/07
- 10/31/08
|
8.7500
|
$9,431.04
|
11/1/08
- 10/31/09
|
9.1000
|
$9,808.28
|
11/1/09
- 10/31/10
|
9.4640
|
$10,200.61
|
11/1/10
- 10/31/11
|
9.8426
|
$10,608.64
|
11/1/11
- 10/31/12
|
10.2363
|
$11,032.98
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*
Plus Building Operating Expenses and Florida State Sales Tax (Currently
6.5%)
4.
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Tenant
Improvements. Lessor shall perform and be responsible for
the cost of all construction in Lessee’s leased premises to accommodate
this contraction of space per the space plan attached as Exhibit
“A” and
the scope of work attached as Exhibit
“B”.
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5.
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Promissory
Note. Lessee has previously executed and delivered in favor
of Lessor that certain Promissory Note (the “Promissory Note”) dated July
1, 2004 in the amount of $1,600.000.00, the current balance of which
is
$1,489,283.00. Lessor shall reduce the total amount of Lessee’s Promissory
Note to $275,000.00 and Lessee shall pay this amount to Lessor on
or
before November 1, 2007. If such sums are timely paid in full
on or before said date, Lessor agrees to forgive any other sums due
under
the Promissory Note.
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Absent
the timely payment of said $275,000.00, no forgiveness shall occur and monthly
payments of combined principal and interest shall be due and payable beginning
November 1, 2007 and continuing on the first day of each successive month
thereafter in the amount of $6,071.02 until the Promissory Note has been paid
in
full. This amount is derived from the difference of Lessee’s current
rental amount ($17,596.03) and the new rental amount
($11,525.01). Under all circumstances, all sums due and payable under
the Promissory Note shall be due and payable in full on May 1,
2027.
It
is
understood and agreed that any default under the terms of the Promissory Note
(as amended hereby) shall automatically constitute a default under the Lease
Agreement. Likewise, any default under the terms of the Lease shall
automatically constitute a default under the Promissory Note. The
terms of this section shall be deemed to constitute and amendment of and to
any
contrary provisions of the Promissory Note but shall not serve to waive any
provisions in the Promissory Note allowing for collection of default rates
of
interest, attorney’s fees and court costs, or any other sums due
thereunder.
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6.
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Lease
Contingency. This First Lease Amendment shall be contingent
upon Control Center executing and fulfilling (i.e. with no termination)
a
lease agreement for the Contraction Space. Should the agreement
with Control Center be terminated per terms of their agreement with
Lessor, this First Lease Amendment shall be null and
void. Lessee acknowledges and agrees that it shall have no
claims against Lessor or any other parties as a result of any business
interruption or dispossession resulting from the construction of
a new
separation wall between the respective
spaces.
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Provisions
of this First Lease Amendment shall become effective as of the date first
written above. All other terms and provisions of the original Lease
Agreement remain in full force and effect.
Signed,
sealed and delivered in the presence of:
LESSOR
Witness EastGroup
Properties, L.P.
By:
Print
Name: Name:
Title:
Print
Name:
LESSEE
Witness Sequiam
Sports, Inc.
By:
Print
Name: Name:
Title:
Print
Name:
EXHIBIT
“A”
SPACE
PLAN
EXHIBIT
“B”
SCOPE
OF
WORK