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EXHIBIT 10.18
Prepared by and after recording, return to:
Xxx X. Xxxxxx, Esq.
Xxxxx, Xxxxx & Xxxxx
000 X. XxXxxxx Xxxxxx
Xxxxxxx, XX 00000
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SECOND AMENDMENT TO
GEORGIA LEASE SUPPLEMENT NO. ONE AND SHORT FORM
THIS SECOND AMENDMENT TO GEORGIA LEASE SUPPLEMENT NO. ONE (this
"Amendment") dated as of December 30, 1999 between SUNTRUST BANKS, INC., with
an address at 000 Xxxxxxxxx Xxxxxx, Xxxxxxx, Xxxxxxx 00000, as the lessor (the
"Lessor"), and CHOICEPOINT INC., with an address of 0000 Xxxxxxxx Xxxxx,
Xxxxxxxxxx, Xxxxxxx 00000, a Georgia corporation, as lessee (the "Lessee").
WHEREAS, Lessor and Lessee entered into a Lease Supplement No. One and
Short Form as heretofore amended, (the "Original Lease Supplement"), dated as
of July 31, 1997 which was recorded on August 4, 1997 in Deed Book 22914 at
Page 15 in the Xxxxxx County, Georgia Records and which related to the real
estate described on Exhibit A hereto and which has been amended by a First
Amendment dated September 30, 1998, which was recorded on October 1, 1998 in
Deed Book 25269 at Page 279;
WHEREAS, the Lessor and Lessee wish to amend the Lease Supplement in
certain respects;
NOW, THEREFORE, in consideration of the premises and the mutual
agreements herein contained and other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, the parties hereto
agree as follows:
1. Section 3.2 of the Lease Supplement and Article XI of the Lease are
amended by increasing the maximum principal amount of the Lessee Liabilities to
Twenty-Six Million Seven Hundred Thousand and No/100 Dollars ($26,700,000.00).
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2. Exhibit A to the Lease Supplement is amended to add the property
described on Exhibit B to this Amendment (the "1999 Land").
3. The 1999 Land shall be included within the meaning of the term
"Subject Property" as such term is used in the Original Lease Supplement and in
the other Operative Documents (defined for purposes hereof as in the Original
Lease Supplement). The 1999 Land shall be a Leased Property under the Lease and
the other Operative Documents (defined for purposes hereof as in the Original
Lease Supplement). Notwithstanding the provisions of Section 14.1 and 14.6 of
the Lease that any exercise by the Lessee of the Purchase Option or the
Remarketing Option thereunder must be made with respect to all of the Leased
Properties, the Lessee may exercise the Purchase Option or the Remarketing
Option with respect to the 1999 Land in accordance with the provisions of the
Lease separately from its exercise of either such option with respect to the
other Leased Property or Leased Properties under the Lease and the Lessee may
exercise a different option with respect to the 1999 Land than it exercises
with respect to the other Leased Property or Leased Properties.
4. Except as specifically modified hereby, the terms and provisions of
the Lease and the Lease Supplement are hereby ratified and confirmed and remain
in full force and effect. The terms of the Lease (as amended by the Lease
Supplement and this Amendment) are by this reference incorporated herein and
made a part hereof.
5. THIS AMENDMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE
WITH THE LAW OF THE STATE OF GEORGIA.
6. This Amendment may be executed in any number of counterparts and by
each of the parties hereto in separate counterparts, all such counterparts
together constituting but one and the same instrument.
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IN WITNESS WHEREOF, each of the parties hereto has caused this
Amendment to be duly executed by an officer thereunto duly authorized as of the
date and year first above written.
Signed, sealed and delivered SUNTRUST BANKS, INC., as the
before me this ______ day of Lessor
_________________ , 1999.
By:
Unofficial Witness Name:
Title:
Notary Public
[NOTARIAL SEAL]
My Commission Expires:
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Signed, sealed and delivered CHOICEPOINT INC., as the
before me this ______ day of Lessee
_________________ , 1999.
By:
Name:
Unofficial Witness Title:
Notary Public
[NOTARIAL SEAL]
My Commission Expires:
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EXHIBIT A
ALL THAT TRACT OF LAND lying and being in Land Lots 1046, 1047, 1108 and 1109
of the 2nd District, 1st Section, City of Alpharetta, Xxxxxx County, and being
more particularly described as follows:
Beginning at an iron pin set on the intersection of the northerly right-of-way
of Windward Parkway (135' R/W) and the westerly right-of-way of Xxxxxxxx Drive
(R/W Varies), THENCE along said right-of-way of Windward Parkway, the following
two (2) courses and distances: South 53 degrees 55 minutes 56 seconds West for
a distance of 559.08 feet to a point, and along a curve to the right having a
radius of 3178.45 feet and an arc length of 322.12 feet, being subtended by a
chord of South 56 degrees 50 minutes 08 seconds West for a distance of 321.92
feet to a point, THENCE leaving said right-of-way and running North 33 degrees
41 minutes 39 seconds West for a distance of 101.93 feet to a point, THENCE
North 44 degrees 10 minutes 01 seconds West for a distance of 137.48 feet to a
point, THENCE North 35 degrees 53 minutes 57 seconds West for a distance of
148.57 feet to a point, THENCE North 38 degrees 42 minutes 59 seconds West for
a distance of 83.51 feet to a point, THENCE North 34 degrees 56 minutes 47
seconds West for a distance of 463.99 feet to a point, THENCE North 26 degrees
26 minutes 34 seconds West for a distance of 218.78 feet to a point set, THENCE
North 14 degrees 29 minutes 25 seconds West for a distance of 114.90 feet to a
point, THENCE North 15 degrees 45 minutes 02 seconds West for a distance of
636.39 feet to a point, THENCE North 21 degrees 22 minutes 20 seconds West for
a distance of 246.03 feet to a point, THENCE North 86 degrees 40 minutes 35
seconds East for a distance of 691.19 feet to an iron pin found on the westerly
right-of-way of Xxxxxxxx Drive, thence along Xxxxxxxx Drive the following
courses and distances: Along a curve to the left having a radius of 524.50 feet
and an arc length of 438.64 feet, being subtended by a chord of South 37
degrees 16 minutes 26 seconds East for a distance of 425.97 feet to a point,
THENCE South 61 degrees 13 minutes 57 seconds East for a distance of 186.24
feet to a point, THENCE along a curve to the right having a radius of 475.00
feet and an arc length of 93.22 feet, being subtended by a chord of South 55
degrees 36 minutes 58 seconds East for a distance of 93.07 feet to a point,
THENCE South 50 degrees 00 minutes 00 seconds East for a distance of 195.25
feet to a point, THENCE along a curve to the right having a radius of 475.50
feet and an arc length of 365.79 feet, being subtended by a chord of South 27
degrees 57 minutes 44 seconds East for a distance of 356.83 feet to a point,
THENCE South 05 degrees 55 minutes 28 seconds East for a distance of 117.60
feet to a point, THENCE along a curve to the left having a radius of 524.50
feet and an arc length of 275.95 feet, being subtended by a chord of South 20
degrees 59 minutes 46 seconds East for a distance of 272.78 feet to a point,
THENCE South 36 degrees 04 minutes 04 seconds East for a distance of 104.10
feet to an iron pin set, THENCE along a curve to the right having a radius of
39.50 feet and an arc length of 62.05 feet, being subtended by a chord of South
08 degrees 55 minutes 56 seconds West for a distance of 55.85 feet to an iron
pin set and the Point of Beginning.
Together with and subject to covenants, easements, and restrictions of record.
Said property contains 40.8247 acres more or less.
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The above-described property is shown on and described according to that
certain ALTA/ACSM Survey prepared by Xxxxxx Engineering Associates, Inc. dated
June 26, 1997, last revised July 29, 1997.
