Exhibit 10.26.2
February 11, 2000
PaeTec Corp.
000 Xxxxxxxxx Xxxxx
Xxxxxxxx, Xxx Xxxx 00000
Re: Lease Amendment/PaeTec Building, 600 WillowBrook Office Park
Gentlemen:
The purpose of this letter is to amend the Lease Agreement dated July 7,
1999, (the "Lease") between WillowBrook II L.L.C. ("Landlord") and PaeTec Corp.
("Tenant") for space at 000 XxxxxxXxxxx Xxxxxx Xxxx, Xxxxxxxx, Xxx Xxxx. I have
attached a copy of the facing page of the Lease to this letter.
The Lease is hereby amended as follows:
1. Section 1.01 of the Lease is hereby deemed eliminated and is hereby
declared null and void and in its place and stead shall be substituted
the following:
Section 1.01 Landlord will construct a development on certain land
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which will contain parking areas, common areas and a building,
known as Building 600 (the "Building") WillowBrook Office Park (the
"Park") containing approximately 98,717 rentable square feet.
Landlord shall construct the Building and associated roadways,
access road, parking lot (which shall contain 362 parking spaces),
common areas, and landscaped areas in a good and workmanlike manner
in accordance with the drawings of Xxxxx Xxxxxx, Architect, and
Xxxxxxx X. Xxxxxxx, P.E.; which drawings are attached hereto,
labeled in the aggregate Exhibit A, and shall become a part hereof.
Tenant, subject to any required governmental or quasi-governmental
approvals, not later than the first day of the 15th year of the
demised term, by written notice to Landlord, may require Landlord,
at Landlord's sole cost and expense, subject to the approvals of
any governmental or quasi-governmental board, bureau, or agency
having jurisdiction thereof, to build an additional 38 contiguous
parking spaces where said spaces are shown on Exhibit A and
identified thereon as "Possible Future Parking".
2. The reference on the bottom of Page 1 of the Lease "**See Rider 1,
Paragraph 63" shall be deemed eliminated.
3. The last sentence of Section 1.02 of the Lease shall be deemed
eliminated and of no force or effect.
4. Section 1.03A of the Lease is hereby deemed eliminated and is hereby
declared null and void and in its place and stead shall be substituted
the following:
Section l.03
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A. The Demised Premises and the Additional Demised Premises shall,
together, include the entire Building and shall be the area
bounded by the line established by the exterior face of the
exterior wall of the Building (but not the surface thereof),
the concrete floor surface, and the lower surface of the next
higher floor (or roof); all as depicted on Exhibit A attached
hereto and made a part hereof.
5. Section 1.04 of the Lease is hereby deemed changed so that the
reference therein to October 1, 1999, as the date for the commencement
of construction shall be deemed changed to March 15, 2000. In the event
of the occurance of weather conditions that render the said
construction to commence on or before the said date of March 15, 2000,
unreasonable, then the said date of March 15, 2000, shall be deemed
extended until ten (10) days after said weather conditions change
sufficiently to render the commencement of construction reasonable.
6. Section 2.01 of the Lease is hereby deemed eliminated and is hereby
declared null and void and in its place and stead shall be substituted
the following:
Section 2.0l Tenant covenants to pay an annual rent as follows:
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A. Subject to the provisions of subparagraph B below, for the
first lease year of the demised term, the sum of $1,296,156.96
($108,013.08 per month);
B. For the second lease year of the demised term, the sum of
$1,506,973.11 payable in monthly installments as follows:
Month of 2nd Lease Year Monthly Installment
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1st Month $110,715.85
2nd Month $113,418.62
3rd Month $116,121.39
4th Month $118,824.16
5th Month $121,526.93
6th Month $124,229.70
7th Month $126,932.47
8th Month $129,635.24
9th Month $132,338.01
10th Month $135,040.78
11th Month $137,743.55
12th Month $140,446.41
C. Notwithstanding the foregoing, commencing the latter of (1) the
Rent Commencement date or (2) January 1, 2002, the then
existing annual rental shall be increased by the sum of
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$136,219.92 ($11,351.66 per month);
D. For the 3rd lease year through the 10th lease year of the
demised term, the sum of $1,821,576.96 payable in monthly
installments of $151,498.08.
E. For the remainder of the demised term, the annual rental of
$2,003,025.12 ($166,918.76 per month). See Rider l,
Paragraph 57.
Said rent shall be payable in advance on the first day of each and
every calendar month during the term hereof. Rent for any period of
less than one (l) month shall equal l/30th of the monthly rental
for each day of such period.
7. Section 7.01 of the Lease is hereby deemed eliminated and is hereby
declared null and void and in its place and stead shall be
substituted the following:
Section 7.01 The Demised Premises shall be furnished with the
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electrical and heating, ventilating, and air conditioning
services referred to in Exhibit C, Paragraphs A6 and A7 and
subject to any laws, regulations, or statutes applicable
thereto, said services shall be supplied to the Demised
Premises twenty-four hours a day, seven days a week, fifty-two
weeks a year, and domestic water for a drinking fountain on
each of the floors of the Building, appropriate men's and
ladies' room on each of the floors of the Building and separate
men's' and ladies'
shower/changing area attached to and a part of each respective
men's' room and ladies' room on the first floor. Landlord shall
not be liable for failure to furnish any of the foregoing when
such failure is caused by the accidents or conditions beyond
the control of Landlord, or by repairs, labor disputes or labor
disturbances, of any character, whether resulting from or
caused by acts of Landlord or otherwise; nor shall Landlord be
liable under any circumstances for loss of or injury to
property, however occurring, through or in connection with or
incidental to the furnishing of any of the foregoing, nor shall
any such failure relieve Tenant from the duty to pay the full
amount of rent herein reserved, or constitute or be construed
as a constructive or other eviction of Tenant.
8. Paragraph 63 of Rider 1 to the Lease is hereby deemed
eliminated and is hereby declared null and void.
9. A. Effective January 1, 2002, the Demised Premises shall be
deemed to include the Additional Demised Premises, as shown on
Exhibit A, consisting of 7,000 rentable square feet.
B. Landlord shall, at its sole cost and expense, complete the
Additional Demised Premises as follows ("Additional
Landlord's Work"):
(1) Interior finish of walls shall be gypsum wallboard
taped and finished with two (2) coats flat latex paint
with single color throughout ("non-decorator" color to
be selected by Tenant);
(2) All Floors shall be carpeted with 26 oz. closed loop
carpet over felt pad. Color to be chosen by Tenant
from Landlord available colors. Matching 4" vinyl
base;
(3) Ceiling shall be premium 2'x2' tegular tile, lay-in
panels in exposed metal tee grid. Ceiling heights to
be 9'0".
(4) Interior drywall partitioning as requested not later
than October 1, 2001, by written notice of Tenant to
Landlord.
Partitions shall be 2"x 3 5/8" studs 24 o.c. with
l/2" gypsum wallboard, both sides, taped and
finished. Partitions shall be complete with flush
wood, solid core cherry veneer full-height doors
(one per room), hollow metal frames (painted to
match adjoining walls), trim and Yale or equal
polished brass lever-style passage sets. Lock-set
at entrances.
Full-height l'6" glass sidelites on "interior"
offices.
(5) Heating and air conditioning - Subject to Article 7 in
the main body of this Lease Agreement, Landlord shall
provide the following air conditioning and heating of
the Tenant space:
(a) The Building will be heated and cooled with
ceiling-concealed water-source heat pump terminal
units.
(b) Ventilation air will be introduced through a heat
exchanger and ducted to the return air opening of
each heat pump unit. Ceiling plenum exhaust will
be ducted to the other side of the Heat Exchanger
which will preheat or pre-cool the ventilation
air depending on the season.
(c) System Design Conditions:
(i) Air Conditioning Capacity: Approximately
400 sq. ft. per ton.
(ii) Heating Capacity: 72 degrees Fahrenheit
with outside conditions at l degree
Fahrenheit, 15 MPH wind velocity.
(iii) Ventilation: 15 CFM/Person;
(iv) Air Diffusion: Constant Volume, average air
velocity of between 25 and 50 FPM, measured
within the occupied space.
(v) Thermostatically controlled zones to
provide reasonable comfort conditions, not
less than 800 sq. ft. per zone.
(vi) Hours of Operation: 24 hours per day,
7 days per week, 52 weeks per year.
(6) Electrical:
(a) Subject to any applicable law, statute, ordinance
or regulation, Landlord shall provide recessed
fluorescent light providing an average of 60 foot
candles. Light fixtures to be 2'x4', 3 tube,
"deep cell" parabolic fixtures.
(b) Outlets - Up to 70 wall-mounted 110 volt 20 amp
duplex convenience outlets (non-dedicated). There
shall be 12 outlets per circuit.
(7) l" Levelor (or equal) tilt-up horizontal metal blinds
on all exterior windows. Alabaster in color.
(8) All foregoing work shall be in accordance with local
building codes and regulations.
C. Provided Tenant, not later than October 1, 2001, shall have
furnished Landlord with full and complete drawings and
specifications which are reasonable and adequate in their
substance, content and form to enable Landlord to complete
the "Additional Landlord's Work", Landlord agrees to
"substantially complete" the Additional Landlord's Work on
or before December 15, 2000 (the "Additional Demised
Premises Completion Date"). Unless caused by the action or
inaction of Tenant, Tenant's employees, agents, contractors
or representatives, in which case the Additional Demised
Premises Completion Date shall be extended one (1) day for
each day of delay so caused, the rental reserved herein
shall xxxxx at the rate of two days rent for each day of
delay past the Additional Demised Premises Completion Date.
Except as modified above, all other terms, provisions, and conditions of
the Lease shall remain unchanged and are hereby ratified and confirmed.
If the above reflects your understanding, please sign the enclosed copy of
this letter and return it to us as soon as possible.
Cordially yours,
WILLOWBROOK II, L.L.C.
By /s/ Xxxxxxx X. Xxxxx
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Xxxxxxx X. Xxxxx
The above is hereby accepted and approved.
PAETEC CORP.
By /s/ Xxxxxx X. Xxxxxxxx
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Xxxxxx X. Xxxxxxxx CEO
(Name) (Title) Dated: 2/17/00
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STATE OF NEW YORK )
) SS:
COUNTY OF MONROE )
On the 18th day of February, 2000, before me, the undersigned,
personally appeared XXXXXXX X. XXXXX, personally known to me or proved to me on
the basis of satisfactory evidence to be the individual whose name is subscribed
to the within instrument and acknowledged to me that he executed the same in his
capacity and that by his signature on the instrument, the individual or the
person upon behalf of which the individual acted, executed the instrument.
/s/ Xxxxx Xxx Xxxxxxx
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Notary Public
XXXXX XXX XXXXXXX
Notary Public, State of New York
Monroe County
Commission Expires Jan. 31, 0000
XXXXX XX XXX XXXX )
) SS:
COUNTY OF MONROE )
On the 17th day of February, 2000, before me, the undersgined,
personally appeared Xxxxxx X. Xxxxxxxx personally known to me or
proved to me on the basis of satisfactory evidence to be the individual(s) whose
name(s) is (are) subscribed to the within instrument and acknowleded to me that
he/she/they executed the same in his/her/their capacity(ies), and that by
his/her/their signature(s) on the instrument, the individual(s), or the person
upon behalf of which the indivudual(s) acted, executed the instrument.
/s/ Xxxxx X. Xxxxxxx
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Notary Public
Xxxxx X. Xxxxxxx
Notary Public, State of New York
No. 4765553
Qualified in Monroe County
Commission Expires Nov. 30, 2000
