Exhibit 10.7.1
AMENDMENT TO INDENTURE OF LEASE (the "Amendment") made as of this 14th day
of May, 1997, between Z EDISON LIMITED PARTNERSHIP, a New Jersey limited
partnership, having an office at 00 Xxxx 00xx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000,
hereinafter referred to as "Landlord" and THE NEW YORK TIMES NEWSPAPER DIVISION
OF THE NEW YORK TIMES COMPANY, a New York corporation, with its principal office
at 000 Xxxx 00xx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, hereinafter referred to as
"Tenant."
WITNESSETH
WHEREAS:
A. Landlord and Tenant entered into that certain Indenture of Lease dated
April 8, 1987 (the "Lease") by which Landlord leased to Tenant and Tenant leased
from Landlord certain property with improvements thereon commonly known as Xxx
00-X-0, Xxxxx 795-D on the Edison Township Tax Map in the Township of Edison,
County of Middlesex, State of New Jersey (the "Demised Premises"); and
B. Crossroads Holding Corporation ("Crossroads"), an affiliate of Tenant
which directly or indirectly is wholly owned by Tenant, has requested that
Landlord grant it a license, inter alia, to construct, operate and maintain on
the Demised Premises a clubhouse and a portion of the driving tees structure
(the "Golf Center Improvements") at the locations designated on the site plan
attached hereto as Exhibit A and hereby made a part hereof, to be used in
conjunction with a golf center being constructed and to be operated by
Crossroads or another wholly-owned affiliate of Tenant on property owned by
Crossroads adjoining the Demised Premises and commonly known as Xxx 00-X-0,
Xxxxx 795-D on the Edison Township Tax Map (the "Golf Center Premises"); and
C. Landlord is agreeable to granting a license to Crossroads for the Golf
Center Improvements only on condition that, if requested by Landlord, Tenant
agrees to demolish and remove or cause to be demolished and removed the Golf
Center Improvements from the Demised Premises upon the expiration or other
termination of the Lease. Upon request, Tenant is agreeable to so demolishing
and removing the Golf Center Improvements and restoring the Golf Center Premises
to substantially their condition and state of repair prior to construction of
the Golf Center Improvements.
NOW, THEREFORE, in consideration of the premises, the sum of Ten and 00/100
($10.00) Dollars and other good and valuable consideration in hand paid by each
party to the other, the receipt of which is hereby acknowledged, Landlord and
Tenant hereby amend the Lease as follows:
1. AMENDMENT OF SECTION 7.01.A. Section 7.01.A. is hereby amended by
adding at the end of the first sentence thereof on the sixth line, the words ",
except as provided in Section 7.02.C hereinafter set forth."
2. ADDITION OF SECTION 7.02.C. A new section is hereby added to the
Lease as Section 7.02.C. as follows:
C. Upon the expiration or other termination of the term of this
Lease, if requested by Landlord, Tenant shall remove all of
Crossroad's (or those of such other wholly-owned affiliate of Tenant
as may operate the Golf Center Premises) personal property, equipment
and fixtures located in and on the Golf Center Improvements (the "Golf
Center Personalty"), demolish and remove the Golf Center Improvements
and restore that portion of the Demised Premises affected thereby to
substantially their condition and state of repair prior to the
construction of the Golf Center Improvements, said obligation to be
enforceable by an action for specific performance. The provisions of
this Section shall survive the expiration or sooner termination of
this Lease.
3. RATIFICATION OF LEASE. The Lease, as amended by this Amendment, is in
all respects ratified and confirmed.
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IN WITNESS WHEREOF, Landlord and Tenant have respectively duly executed
this Amendment as of the date first above written.
WITNESS: Z EDISON LIMITED PARTNERSHIP,
a New Jersey limited partnership
/s/Xxxxx X. Xxxxxxxxx
------------------------ By: Z Investment Corp., its
general partner
By: /s/XXXX XXXXXXXX
-----------------------
Xxxx Xxxxxxxx
President
THE NEW YORK TIMES COMPANY
/s/Xxxxx X. Xxxxxxxxx By: /s/XXXXXX X. XXXXXX
------------------------ ------------------------
Xxxxxx X. Xxxxxx
Assistant Secretary
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STATE OF NEW YORK )
: ss.:
COUNTY OF NEW YORK )
BE IT REMEMBERED that on May 14, 1997, before me, the subscriber, a Notary
Public of the State of New York, personally appeared XXXX XXXXXXXX, the
President of Z Investment Corp., the General Partner of Z EDISON LIMITED
PARTNERSHIP, a New Jersey limited partnership, the Landlord in the within Lease,
who signed this Amendment by authority of the board of directors of Z Investment
Corp. as such General Partner, and he thereupon acknowledged that the execution
of this Amendment has been duly authorized by the Limited Partnership and that
this Amendment was signed and delivered by him on behalf of such General
Partner, as and for act and deed of Z Investment Corp. and as and for the act
and deed of the Limited Partnership.
/s/ Xxxxx Xxxxx
-------------------------
A Notary Public of the
State of New York
[SEAL] My Commission Expires
STATE OF NEW YORK )
) SS.:
COUNTY OF NEW YORK )
BE IT REMEMBERED that on May 14, 1997, before me, the subscriber, a Notary
Public of the State of New York, personally appeared Xxxxxx X. Xxxxxx, who, I
am satisfied, is the person who signed the within document as Assistant
Secretary of THE NEW YORK TIMES COMPANY, a New York corporation, the Tenant
in the within document, and he thereupon acknowledged that the said document
made by the Corporation and sealed with its corporate seal and delivered by
him as such officer and as the voluntary act and deed of the Corporation,
made by virtue of authority from its Board of Directors.
/s/ Xxxxx Xxxxx
-------------------------
A Notary Public of the
State of New York
[SEAL] My Commission Expires
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