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EXHIBIT 10.3(a)
EIGHTH AMENDMENT TO LEASE
This Eighth Amendment to Lease is dated this ___ day of June 1997 between
Orchard Ridge Office Park Limited Partnership, a Michigan limited partnership,
whose address is 00000 Xxxx Xxxxxx Xxxx Xxxx, Xxxxx 000, Xxxxxxxxxx Xxxxx,
Xxxxxxxx 00000 ("Landlord") and Complete Business Solutions, Inc., a Michigan
corporation, whose address is 00000 Xxxx Xxxxxx Xxxx Xxxx, Xxxxx 000,
Xxxxxxxxxx Xxxxx, Xxxxxxxx 00000 ("Tenant"). Capitalized terms not otherwise
defined herein shall have the meaning ascribed thereto in the Lease, as
modified by any prior amendments thereto.
WITNESSETH
WHEREAS, Landlord and Tenant entered into a certain Lease and Riders to
Lease dated October 22, 1992 for Suite 250 and First, Second, Third, Fourth,
Fifth, Sixth and Seventh Amendments to said Lease for Suites 110, 115, 120,
125, 130, 140, and 195 (collectively "Leased Premises") of the office building
located at 00000 Xxxx Xxxxxx Xxxx Xxxx, Xxxxxxxxxx Xxxxx, Xxxxxxxx.
WHEREAS, Landlord and Tenant desire to amend the Lease to include the
rental of additional spaces located on the third floor of the east-wing more
particularly described as Suites 305-308.
NOW, THEREFORE, in consideration of the mutual covenants between Landlord
and Tenant and other good and valuable consideration, the adequacy and
sufficiency of which are hereby acknowledge and accepted, the parties hereby
agree as follows:
1. Paragraph 1 of the Lease is amended to reflect that at such time as
Landlord shall deliver possession of Suites 305 and 308, Substantially Complete
in accordance with the Floor Plans attached as Exhibit A, the Leased Premises
shall thereupon be composed of Suites 110, 115, 120, 125, 130, 140, 195, 250,
305 and 308. It is acknowledged and agreed between the parties that at such
time as Suites 305 and 308, consisting of 6,093 square feet shall be delivered
to Tenant, the Leased Premises shall consist of 48,182 square feet constituting
40.8% of the Building.
2. Paragraph 2 of the Lease is amended to provide for a Lease Term for
Suite 305 and 308 to commence on June 1, 1997 or such earlier date as Landlord
shall deliver Suite 305 and 308 to Tenant. The lease term for the entire
Leased Premises shall end on June 15, 2003. Rent for any partial month shall
be prorated ratably.
3. Paragraph 3 of the Lease is amended to reflect that Tenant shall pay
Landlord an aggregate Rent over the entire Term of the Lease inclusive of this
Eighth Amendment to Lease in monthly installments specified on the Schedule of
Rents attached hereto as Exhibit B, which Schedule of Rent reflects inclusion
of Suites 305 and 308 in the amounts specified in Exhibit B.
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4. Beginning on the earlier of June 1, 1997, or on the date Landlord shall
deliver Suite 305 and 308 to Tenant Substantially Complete in accordance with
the Floor Plans attached as Exhibit A, the Schedule of Rents is and shall be as
set forth on the attached Schedule of Rents to Eighth Amendment to Lease. In
the event Suites 305 and 308 shall be delivered to Tenant prior to or after
June 1, 1997, Tenant shall either pay landlord or receive a credit in the
amount of $321.58 for each day prior to or after June 1, 1997, before or after
which Suites 305 and 308 are delivered to Tenant, as the case may be.
5. Exhibit A of the Lease is amended to include the attached Floor Plans
for Suite 305 and 308 for which Landlord will perform certain improvements
using building standard materials, as shown on the attached Floor Plans and for
which Tenant shall reimburse Landlord fifty percent (50%) of Landlord's xxxx to
Tenant for such improvements but in no event will the amount owing from Tenant
for its share of improvements exceed $50,000. Tenant shall pay Landlord upon
the signing of this agreement an initial payment of $25,000 for its share of
improvements and the balance owing upon delivery of Suite 305 and 308. Any
improvements which are not building standard and are not indicated on the
attached Floor Plans, shall be paid one hundred percent (100%) by Tenant.
6. Both parties acknowledge that as of this date each party has fulfilled
all obligations under the Lease, excluding those obligations that Tenant may
have to fulfill for 1997 Property Taxes as outlined in Paragraph 27 of the
Lease, and there is no circumstances which with or without the providing of
notice would constitute a default by either party hereunder. The parties
acknowledge and agree that, notwithstanding anything to the contrary contained
in this or any prior Amendments or the Lease, Tenant shall not be required to
extend the term of the Lease with respect to any future space expansions and
Landlord shall not be required to offer Tenant any future space expansions.
7. Tenant currently has seven (7) reserved parking spaces assigned to
them. When Intellivoice vacates the Building, Landlord shall assign to Tenant
two (2) of the reserved parking spaces currently assigned to Intellivoice.
Accordingly, the Lease is hereby amended to reflect that Tenant shall now have
the right to nine (9) reserved parking spaces instead of ten (10).
8. Upon the expiration of the lease for Intellivoice or upon Intellivoice
vacating its suite should this occur first, Landlord shall allow Tenant the
right to erect an illuminated sign on the exterior of the building in the
location of the current "Intellivoice" sign under the terms and conditions
previously outlined in Paragraph 33 of the Lease and to the extent that Tenant
shall lease the Intellivoice space, no other sign will be erected on the east
side of the Building.
9. As additional reimbursement to Landlord, Tenant shall reimburse
Landlord monthly for electricity at $0.50 per square foot per year. Landlord
will not xxxx Tenant for
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any extraordinary electrical energy provided under Paragraph 36.b of the Lease.
If Landlord needs to add additional power, panels, and circuitry to the
building, including additional risers and other equipment as a result of the
Tenant's electrical usage then Tenant shall bear the entire cost involving
extraordinary electrical demands.
10. All other terms and conditions of the Lease are hereby ratified and
confirmed and remain in full force and effect.
IN WITNESS WHEREOF, this Eighth Amendment to Lease has been executed by
the parties hereto as of the day and year first above written.
WITNESSES: "LANDLORD"
ORCHARD RIDGE OFFICE PARK LIMITED
PARTNERSHIP, a Michigan corporation
By:
-----------------------------------
-------------------
Its:
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WITNESSES: "TENANT"
COMPLETE BUSINESS SOLUTIONS, INC., a
Michigan corporation
By:
-----------------------------------
-------------------
Its:
----------------------------------
0
XXXXXXX X
XXXXX XXXX
Xxxxx 000
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EXHIBIT X
XXXXX XXXX
Xxxxx 000
0
XXXXXXX X
SCHEDULE OF RENTS TO EIGHTH AMENDMENT TO LEASE
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PERIOD PRIOR SUITE 305 & 308 TOTAL
COVERED MONTHLY RENT MONTHLY RENT MONTHLY RENT
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06/01/1997 thru 05/31/1998 52,821.51 9,647.25 62,468.76
06/01/1998 thru 05/31/1999 63,551.83 10,129.61 73,681.44
06/01/1999 thru 05/31/2000 66,542.84 10,637.36 77,180.20
06/01/2000 thru 05/31/2001 69,173.41 11,170.50 80,343.91
06/01/2001 thru 05/31/2002 71,803.96 11,729.03 83,532.99
06/01/2002 thru 05/31/2003 74,434.53 12,318.02 86,752.55
06/01/2003 thru 06/15/2003 37,266.30 6,446.20 43,732.50
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NINTH AMENDMENT TO LEASE
This Eighth Amendment to Lease is dated this ___ day of June 1997 between
Orchard Ridge Office Park Limited Partnership, a Michigan limited partnership,
whose address is 00000 Xxxx Xxxxxx Xxxx Xxxx, Xxxxx 000, Xxxxxxxxxx Xxxxx,
Xxxxxxxx 00000 ("Landlord") and Complete Business Solutions, Inc., a Michigan
corporation, whose address is 00000 Xxxx Xxxxxx Xxxx Xxxx, Xxxxx 000,
Xxxxxxxxxx Xxxxx, Xxxxxxxx 00000 ("Tenant"). Capitalized terms not otherwise
defined herein shall have the meaning ascribed thereto in the Lease, as
modified by any prior amendments thereto.
WITNESSETH
WHEREAS, Landlord and Tenant entered into a certain Lease and Riders to
Lease dated October 22, 1992 for Suite 250 and First, Second, Third, Fourth,
Fifth, Sixth, Seventh and Eighth Amendments to said Lease for Suites 110, 115,
120, 125, 130, 140, 195, 305 and 308 (collectively "Leased Premises") of the
office building located at 00000 Xxxx Xxxxxx Xxxx Xxxx, Xxxxxxxxxx Xxxxx,
Xxxxxxxx.
WHEREAS, Landlord and Tenant desire to amend the Lease to include the
rental of additional spaces located on the first floor of the west-wing more
particularly described as Suites 100.
NOW, THEREFORE, in consideration of the mutual covenants between Landlord
and Tenant and other good and valuable consideration, the adequacy and
sufficiency of which are hereby acknowledge and accepted, the parties hereby
agree as follows:
1. This Ninth Amendment to Lease is contingent upon the current tenant of
Suite 100, Bridgewall Construction Company, Inc., moving out on midnight June
29, 1997 or before and making Suite 100 available to Tenant to lease from
Landlord. Upon such occurrence, Tenant will immediately take possession of
Suite 100 on June 30, 1997 or before and sign an Estoppel Letter for Suite 100.
This Ninth Amendment will be null and void in the event Bridgewall
Construction Company, Inc. does not move out by midnight June 29, 1997 and
neither party shall have any obligations to the other as a result of
Bridgewall's failure to vacate the premises.
2. Paragraph 1 of the Lease is amended to reflect that at such time as
Landlord shall deliver possession of Suite 100, the Leased Premises shall
thereupon be composed of Suites 110, 115, 120, 125, 130, 140, 195, 250, 305,
308 and 100. It is acknowledged and agreed between the parties that at such
time as Suites 100, consisting of 1,850 square feet shall be delivered to
Tenant, the Leased Premises shall consist of 50,032 square feet constituting
42.4% of the Building.
2. Paragraph 2 of the Lease is amended to provide for a Lease Term for
Suite 100 to commence on June 30, 1997 or such earlier date as Landlord shall
deliver
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Suite 100 to Tenant. The lease term for the entire Leased Premises shall end
on June 15, 2003. Rent for any partial month shall be prorated ratably.
3. Paragraph 3 of the Lease is amended to reflect that Tenant shall pay
Landlord an aggregate Rent over the entire Term of the Lease inclusive of this
Ninth Amendment to Lease in monthly installments specified on the Schedule of
Rents attached hereto as Exhibit B, which Schedule of Rent reflects inclusion
of Suites 100 in the amounts specified in Exhibit B.
4. Beginning on the earlier of June 30, 1997 or before, the Schedule of
Rents is and shall be as set forth on the attached Schedule of Rents to Ninth
Amendment to Lease. In the event Suite 100 shall be delivered to Tenant prior
to June 30, 1997, Tenant shall either pay landlord the amount of $150 for each
day prior to June 30, 1997.
5. Exhibit A of the Lease is amended to include the attached Floor Plans
for Suite 100 for which Landlord will accept the suite in its "as is"
condition.
6. Tenant acknowledge that as of this date Landlord has fulfilled all
obligations under the Lease and there is no circumstances which with or without
the providing of notice would constitute a default by Landlord hereunder.
7. All other terms and conditions of the Lease are hereby ratified and
confirmed and remain in full force and effect.
IN WITNESS WHEREOF, this Ninth Amendment to Lease has been executed by the
parties hereto as of the day and year first above written.
WITNESSES: "LANDLORD"
ORCHARD RIDGE OFFICE PARK LIMITED
PARTNERSHIP, a Michigan corporation
By:
----------------------------------
-----------------
Its:
---------------------------------
WITNESSES: "TENANT"
COMPLETE BUSINESS SOLUTIONS, INC., a
Michigan corporation
By:
----------------------------------
-----------------
Its:
---------------------------------
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EXHIBIT X
XXXXX XXXX
Xxxxx 000
00
XXXXXXX X
SCHEDULE OF RENTS TO NINTH AMENDMENT TO LEASE
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PERIOD PRIOR SUITE 305 & 308 TOTAL
COVERED MONTHLY RENT MONTHLY RENT MONTHLY RENT
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06/29/1997 thru 06/30/1997 150.00 150.00
07/01/1997 thru 05/31/1998 62,468.76 4,500.00 66,968.76
06/01/1998 thru 05/31/1999 73,681.44 4,725.00 78,406.44
06/01/1999 thru 05/31/2000 77,180.20 4,961.25 82,141.44
06/01/2000 thru 05/31/2001 80,343.91 5,209.31 85,553.22
06/01/2001 thru 05/31/2002 83,532.99 5,469.78 89,002.77
06/01/2002 thru 05/31/2003 86,752.55 5,743.27 92,495.82
06/01/2003 thru 06/15/2003 43,732.50 3,015.22 46,747.72
