EXHIBIT INDEX
10.1 First Amendment to Lease dated June ___, 1997, between the Company and
Heathrow Office Building Corporation.
10.2 Sublease dated June 1, 1997 between the Company and Olsten Staffing
Services, Inc.
10.3 Employment Agreement dated February 25, 1997 between the Company and
Xxxxxx X. Xxxxx.
10.4 Employment Agreement dated March 22, 1997 between the Company and
Xxxxxxxxx Xxxx.
10.5 Employment Agreement dated March 27, 1997 between the Company and Xxxxx
Xxxxxx.
10.6 Employment Agreement dated June 23, 1997 between the Company and
Xxxxx X. Xxxxxxxxxxx.
10.7 Stock Option Agreement dated May 13, 1997 between the Company and
Xxxxx X. Xxxxxxx
27 Financial Data Schedule.
FIRST AMENDMENT TO LEASE
THIS FIRST AMENDMENT TO LEASE ( the "FIRST AMENDMENT") is made and
entered into as of this 30th day of June, 1997 by and between HEATHROW
OFFICE BUILDING CORPORATION, a Florida corporation (hereinafter referred to as
"Landlord") and CREATIVE DATA SOLUTIONS, INC., a Florida corporation,
(hereinafter referred to as "Tenant").
WITNESSETH:
WHEREAS, Landlord and Tenant entered into that certain Lease dated April
10, 1997, for approximately 5,293 rentable square feet of leased space at the
Heathrow Xxxxxx Xxxxxxxx, 000 Xxxxxxxxxxxxx Xxxxxxx, Xxxxx 000, Xxxxxxxx,
Xxxxxx of Seminole, Florida (as amended, the "Lease"). Capitalized terms not
otherwise defined herein shall have the meaning set forth in the Lease; and
WHEREAS, the actual rentable square feet in the Premises is 5,255, and
Landlord and Tenant have agreed to modify the Lease to reflect such actual
square footage.
NOW, THEREFORE, in consideration of the mutual covenants contained herein,
and for other good and valuable consideration the receipt and sufficiency of
which is hereby acknowledged, Landlord and Tenant hereby agree as follows:
1. The foregoing recitals are true and correct and are hereby
incorporated herein by reference.
2. The first paragraph of the Lease is hereby deleted in its entirety
and replaced with the following:
WITNESSETH, that for good and valuable consideration, the
Landlord hereby leases to the Tenant, and the Tenant hereby leases
from the Landlord, certain space containing an agreed-upon amount of
5,255 rentable square feet of floor area (the "Premises") on the
second floor of an office building (the "Building") calculated in
accordance with BOMA standards based on a useable to rentable
conversion factor of 1.13, as more particularly shown on the floor
plan attached hereto as Exhibit A, which Building together with other
real property and improvements is located at 000 Xxxxxxxxxxxxx
Xxxxxxx in Lake Mary, Florida (collectively the "Property"), all upon
the following terms and conditions:
3. Section 2.01 of the Lease is hereby deleted in its entirety and
replaced with the following:
2
Section 2.01 BASE RENT. Tenant shall pay a minimum annual
rental in each one-year period during the Term hereof which shall be
referred to hereinafter as "Base Rent", without reduction, abatement
or setoff. Base Rent shall be calculated and increased for each such
year as follows:
(1) Base Rent for the first one-year period in the Lease
Term shall be the sum of $75,431.15, payable in equal monthly
installments of $5,692.92 for months 1-7 and $7116.15 for months
8-12.
(3) Base Rent for the second one-year period in the Lease
Term shall be the sum of $87,495.75, payable in equal monthly
installments of $7,291.31 each.
(3) Base Rent for the third one-year period in the Lease
Term shall be the sum of $89,335.00, payable in equal monthly
installments of $7,444.58 each.
(4) Base Rent for the fourth one-year period in the Lease
Term shall be the sum of $91,437.00, payable in equal monthly
installments of $7,619.75 each.
(5) Base Rent for the fifth one-year period in the Lease
Term shall be the sum of $93,276.25, payable in equal monthly
installments of $7,773.02 each.
4. Section 3.04 of the Lease is hereby deleted in its entirety and
replaced with the following:
Section 3.04 RELOCATION. Landlord shall reimburse Tenant,
within fifteen (15) days after receipt by Landlord from Tenant of
receipts or other substantiation sufficient to Landlord to establish
such costs, for actual costs incurred to third parties by Tenant for
the relocation of Tenant's machinery, furniture, fixtures and
equipment in an amount not to exceed $5,255.00.
5. Except as amended as set forth herein, the terms and conditions set
forth in the Lease remain in full force and effect.
3
IN WITNESS WHEREOF, Landlord and Tenant have hereunto set their hands and
seals on the dates set forth below their respective signatures.
WITNESSES: LANDLORD:
HEATHROW OFFICE BUILDING CORPORATION
By: LaSalle Advisors Limited
Partnership Authorized Agent
/s/ Xxxxxxxx X. Xxxxxxxx By: /s/ Xxxxx X. Xxxxx
-------------------------- -----------------------------
Witness Name: Xxxxx X. Xxxxx
Title: Vice President
/s/ Xxxxxxxx X. Xxxxxxxx By: /s/ Xxxxxx X. Xxxx
--------------------------- -----------------------------
Witness Name: Xxxxxx X. Xxxx
Title: Principal
WITNESSES: TENANT:
BRITE VOICE SYSTEMS, INC.
/s/ Xxx Xxxx By: /s/ X.X. Xxxxxxx
--------------------------- -----------------------------
Name: X.X. Xxxxxxx
Title: CEO
4
