SECOND AMENDMENT TO LEASE
THIS SECOND AMENDMENT TO LEASE is made and entered into this 30 day of
November, 2001, by and between MAXUS REALTY TRUST, INC., a Missouri corporation,
by and through its agent, MAXUS PROPERTIES, INC., a Missouri corporation,
hereinafter referred to as "Landlord", and APPLIED COMMUNICATIONS, INC., a
Nebraska corporation, hereinafter referred to as "Tenant".
W I T N E S S E T H :
WHEREAS, Landlord and Tenant entered into that certain ACI Building Lease
dated December 28, 1992, hereinafter referred to as the "Lease", for certain
space known and numbered as: 000 Xxxxx 000xx Xxxxxx, Xxxxx, Xxxxxxxx 00000,
containing approximately 70,000 square feet of space, hereinafter referred to as
the "Premises"; and
WHEREAS, the primary term of the Lease commenced on January 1, 1993,
expiring on August 31, 1999; and
WHEREAS, Landlord and Tenant entered into that certain First Amendment to
Lease dated September 9, 1998, wherein, among other things, the current term of
the Lease was terminated on August 31, 1998, and extended and re-established for
a new ten-year term, commencing on September 1, 1998, through and including
August 31, 2008; and
WHEREAS, Landlord and Tenant are further desirous of amending the Lease.
NOW, THEREFORE, for and in consideration of the foregoing and the mutual
promises and covenants set forth below, Landlord and Tenant agree that the Lease
is hereby modified and amended as follows:
1. Rent: Effective January 1, 2002, Tenant shall pay to Landlord the
following Base Rent for the Premises during the Term of the Lease:
PERIOD MONTHLY BASE ANNUAL BASE
RENT RENT
January 1, 2002 - December 31, 2002 $75,656.00 $907,872.00
January 1, 2003 - December 31, 2003 $77,925.68 $935,108.16
January 1, 2004 - December 31, 2004 $80,263.45 $963,161.40
January 1, 2005 - December 31, 2005 $82,671.35 $992,056.24
January 1, 2006 - December 31, 2006 $85,151.49 $1,021,817.93
January 1, 2007 - December 31, 2007 $87,706.04 $1,052,472.47
January 1, 2008 - August 31, 2008 $90,337.22 n/a
All payments of rent shall be made in the time, manner, and place as set
forth in the Lease.
2. Additional Rent: Effective January 1, 2002, Tenant's obligations
relative to Additional Rent shall be amended as follows:
A. Real Estate Taxes: Tenant shall pay to Landlord, as Additional
Rent, annual real estate taxes in a sum over and above
$95,323.00. Landlord shall xxxx Tenant for any such overages
after payment of the real estate taxes by Landlord, and Tenant
shall have thirty (30) days within which to remit same to
Landlord.
B. Insurance: Tenant shall pay to Landlord, as Additional Rent,
annual insurance premiums in a sum over and above $4,942.00.
Landlord shall xxxx Tenant for any such overages after payment of
insurance premiums by Landlord, and Tenant shall have thirty (30)
days within which to remit same to Landlord.
C. Operating Expenses: Tenant shall independently either provide or
contract for operation and management of the Premises and shall
be responsible for payment of one hundred percent (100%) of the
operating expenses as defined in the Lease.
D. Utilities: Tenant shall be responsible for one hundred percent
(100%) of the payment of any and all utility charges at the
Premises. Immediately upon execution of this Amendment, Tenant
will notify all utility providers that the utility meters need to
be read on December 31, 2001, and that effective January 1, 2002,
the monthly utility services are to be billed and sent directly
to Tenant for payment.
3. All Other Terms: Except as amended herein, all other terms and
conditions of the Lease shall remain unchanged and shall be in full force and
effect as though again fully recited herein.
WHEREFORE, the parties hereto have executed this Second Amendment to Lease
on the day and year first written above.
LANDLORD: TENANT:
MAXUS REALTY TRUST, INC. APPLIED COMMUNICATIONS, INC.
A Missouri Corporation A Nebraska Corporation
By:/s/Xxxxxx X. Xxxxxx By: /s/ Xxxx Xxxx
Xxxxxx X. Xxxxxx, Vice Chairman Printed Name: Xxxx Xxxx
Maxus Properties, Inc., As Agent for Title: Director Corporate Programs
Maxus Realty Trust, Inc.
