Second Floor Space
AMENDMENT TO LEASE
THIS AMENDMENT TO LEASE (the "Amendment") is made and entered into
effective as of January 1, 1997 (the "Effective Date") by and between IMESON
CENTER, INC., a Florida corporation formerly known as Jacksonville Center,
Inc. ("Landlord"), and XXXXX & XXXX TERMINAL WAREHOUSE COMPANY, INC., a
Florida corporation ("Tenant").
W I T N E S S E T H:
WHEREAS, Landlord and Tenant entered into that certain Warehouse Space
Lease Agreement dated December 1, 1994 (the "Lease"), pursuant to which
Landlord leased to Tenant and Tenant leased from Landlord certain Leased
Premises (herein so called) consisting of approximately 198,144 square feet of
space designated as Sections 2.6 and 2.8 and constituting a portion of the
building (the "Building") included in the facility known as One Imeson Center
(the "Property"), located at Xxx Xxxxxx Xxxx Xxxxxxxxx, Xxxxxxxx 000,
Xxxxxxxxxxxx, Xxxxxxx 00000;
WHEREAS, the Lease was subsequently modified to include in the Leased
Premises Section 2.3, 2.4, 2.5 and 2.7 of the Building;
WHEREAS, the Lease was further modified pursuant to the terms of that
certain Lease Renewal and Modification Agreement dated January 1, 1996 (the
"1996 Lease Amendment"), pursuant to which the term of the Lease was extended
and certain other terms and provisions of the Lease were modified;
WHEREAS, the 1996 Lease Amendment provided that during the period
commencing January 1, 1996 and terminating December 31, 1996, Tenant had the
right to lease the entirety of either or both of Sections 2.1 and 2.8 of the
Building (the "Additional Space") under the terms and conditions set forth
therein, and Tenant exercised its right (i) to Section 2.8 on January 15,
1996, and occupied Section 2.8 from that date through December 31, 1996, and
(ii) to Section 2.1 on March 1, 1996, and occupied Section 2.1 from that date
through December 31, 1996;
WHEREAS, on October 1, 1996, Tenant exercised its three (3) year renewal
option for the Leased Premises, as provided in Section 2.2 of the Lease, as
modified by the 1996 Lease Amendment, and as a result of Tenant's exercise of
such option right, the term of the Lease has been extended through December
31, 2000;
WHEREAS, Landlord and Tenant desire to further modify the Lease to
include within the Leased Premises for the balance of the term, as extended
through December 31, 2000, the Additional Space and to increase the Base Rent
and all additional rent and other amounts payable under the Lease
proportionately;
NOW, THEREFORE, for and in consideration of the mutual covenants herein
set forth and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, Landlord and Tenant hereby agree
as follows:
1. Recitals. The foregoing recitals are true and correct and are
hereby incorporated into the text of this Agreement.
2. Leased Premises. The Leased Premises shall, as of the Effective
Date, include the Additional Space, and as a result of such inclusion, consist
of approximately 795,568 square feet of space designated as Sections 2.1, 2.2,
2.3, 2.4, 2.5, 2.6, 2.7 and 2.8 in the Building, as depicted on Exhibit A
attached hereto and made a part hereof, and no other space in the Building,
and, as of the Effective Date, Landlord hereby leases and rents unto Tenant
and Tenant hereby hires and takes from Landlord such Leased Premises on the
terms and conditions set forth in the Lease, as previously amended and
modified and as amended and modified in this Amendment (all subsequent
references to the "Lease" shall be deemed to include all such amendments and
modifications). Notwithstanding the foregoing or any other provision of the
Lease, Landlord shall have the right, upon thirty (30) days' written notice to
Tenant, to terminate the Lease as to Section 2.8 in the Building only, and
within thirty (30) days of receipt of such termination notice, Tenant shall
vacate and surrender to Landlord Section 2.8 in accordance with Section 5.6 of
the Lease. In the event of Landlord's exercise of such termination option as
to Section 2.8 and Tenant's timely and proper vacation and surrender of
Section 2.8 and payment of all Base Rent and all additional rent and other
charges under the Lease applicable to Section 2.8 through the date of
termination, Base Rent and all additional rent and other charges payable under
the Lease shall be reduced proportionately based on the 99,446 square foot
area of Section 2.8.
3. Base Rent. The Lease is hereby amended and modified to provide that
Base Rent for the Leased Premises shall be, and Tenant covenants and agrees to
pay Base Rent for the Leased Premises equal to (i) $19,889.20 per month for
each and every month during that portion of the term commencing on January 1,
1997 and terminating on December 31, 1997, (ii) $23,204.07 per month for each
and every month during that portion of the term commencing on January 1, 1998
and terminating on December 31, 1998, (iii) $26,518.93 per month for each and
every month during that portion of the term commencing on January 1, 1999 and
terminating on December 31, 1999, and (iv) $29,833.80 per month for each and
every month during that portion of the term commencing on January 1, 2000 and
terminating on December 31, 2000. Each and every installment of Base Rent
shall be payable in advance on the first day of each calendar month in lawful
United States currency, together with any and all sales or use taxes levied
upon the use or occupancy of the Leased Premises or the rent payable therefor
and any additional rent and/or other charges payable under the Lease.
4. Operating Expenses. Section 3.3 of the Lease is hereby amended to
provide that, as of the Effective Date, Tenant's proportionate share of
Operating Expenses shall be 46.39 percent (795,568 divided by 1,715,000).
5. Definitions. All capitalized terms in the Amendment shall have the
same definitions as provided in the Lease except as may otherwise be provided
herein.
6. No Further Amendment. Except as specifically set forth in the
Amendment, the Lease shall remain unaltered and in full force and effect.
IN WITNESS WHEREOF, Landlord and Tenant have executed this Amendment as
of the date set forth above.
Witnesses: LANDLORD:
IMESON CENTER, INC., a Florida corporation
formerly known as Jacksonville Center, Inc.
/S/ XXXX XXXXXXX By:/S/ W. XXXX XXXXXX
Name:Xxxx Xxxxxxx Name:W. Xxxx Xxxxxx
Title:President
/S/ W. XXXXX XXXX
Name: W. Xxxxx Xxxx Date of Execution: 12/16/96
TENANT:
XXXXX & XXXX TERMINAL WAREHOUSE COMPANY,
INC., a Florida corporation
/S/ XXXXXXXXX X. XXXXX By:/S/ XXXXXX X. XXXX
Name:Xxxxxxxxx X. Xxxxx Name:Xxxxxx X. Xxxx
Title:President
/S/ XXXXXXXX X XXXXX
Name:Xxxxxxxx X. Xxxxx Date of Execution: 12/14/96
