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EXHIBIT 10.49a
MODIFICATION OF LEASE
This Agreement made this 15th day of September, 1999 between AA&L
Associates, LP, a Delaware Limited Partnership, with its office address at 000
Xxxxxxxx Xxxxxxx, Xxxxxxxxx, Xxx Xxxx 00000 ("Landlord") and Monro Muffler
Brake, Inc., a New York corporation, with its office at 000 Xxxxxxxx Xxxxxxx,
Xxxxxxxxx, Xxx Xxxx 00000 ("Tenant").
WHEREAS, Tenant is in possession of premises known as 00000 Xxxxx Xxxx,
Xxxx Xxxxxx, Xxx Xxxx ("Premises") under a certain Lease made by Landlord's
predecessors in title, Xxxxxxx X. August, Xxxxxx X. August and Xxxxxxx X. Xxxx
dated as of July 1, 1984 (the "Lease"); and
WHEREAS, on the first day of July, 1990, Landlord's predecessors in
title conveyed the Premises to Landlord by Warranty Deed, which was recorded in
the Office of the Clerk of Erie County on the 6th day of August, 1990; and
WHEREAS, the Lease has been amended by Agreements dated the 11th day of
July, 1984, January, 1988 and November 1, 1993; and
WHEREAS, the Lease has an expiration date of June 30, 2004; and
WHEREAS, the Tenant has two options to renew for five (5) years each,
July 1, 2004 to June 30, 2009 (the "First Renewal") and July 1, 2009 to June 30,
2014 (the "Second Renewal"); and
WHEREAS, the Lease remains in full force and effect; and
WHEREAS, Tenant desires additional renewal options; and
WHEREAS, Tenant wishes to sublet a part of the Premises to Sprint
Communications for the construction and maintenance of a communications cell
tower; and
WHEREAS, Landlord is willing to consent to such sublease.
NOW, THEREFORE, in consideration of the Premises, the rent reserved in
the Lease, the covenants herein, Ten Dollars ($10.00) and other valuable
consideration, the receipt and adequacy of which are hereby acknowledged, the
parties hereby modify the Lease as follows:
1. Landlord hereby grants Tenant two (2) additional renewals of five (5)
years each, the "Third Renewal" to commence July 1, 2014 and to expire
June 30, 2019 and the "Fourth Renewal" to commence July 1, 2019 and to
expire June 30, 2024. The renewals shall be on the same terms and
conditions as set forth in the Lease as amended.
2. Pursuant to Article 4 of the Lease as amended, Landlord hereby grants
its consent to the sublease of a portion of the Premises to Sprint
Communications for the erection and maintenance of a communications
cell tower on the Premises. The sublease will have the term of ten (10)
years with three (3) five (5) years options to renewal. The rental
received from Sprint Sublease shall be divided between Tenant and
Landlord equally and Landlord's share shall be paid by Tenant upon
receipt of rental from Sprint Communications. Tenant is not obligated
to pay Landlord any sums as its share of the rental in the event rental
from Sprint Communications is not received. Tenant will exercise
reasonable business practices to realize the collection of such rent.
3. Tenant hereby exercises its option to renew the Lease for the First
Renewal term.
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Except as modified hereby, the Lease remains in full force and effect.
IN WITNESS WHEREOF, the parties sign this amended Modification of Lease
on the day first written above.
LANDLORD:
AA&L ASSOCIATES, LP
BY:
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TENANT:
MONRO MUFFLER BRAKE, INC.
BY:
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