Exhibit 10.35
FIRST AMENDMENT TO OFFICE LEASE
THIS FIRST AMENDMENT TO OFFICE LEASE (this "Amendment") is entered
into between CRESCENT REAL ESTATE EQUITIES LIMITED PARTNERSHIP, a Delaware
limited partnership ("Landlord"), and GREAT SPIRITS COMPANY L.L.C., a Delaware
limited liability company ("Tenant"),with reference to the following:
A. Landlord and Tenant entered into that certain Office Lease dated
effective as of February 24, 2000 (the "Lease") covering approximately 1,016
square feet of rentable area on the eleventh (11th) floor (the "Premises") of 0
Xxxxxxx Xxxxxx, Xxxxxxx, Xxxxx (the "Building").
B. Landlord and Tenant now desire to amend the Lease as set forth
below. Unless otherwise expressly provided in this Amendment, capitalized terms
used in this Amendment shall have the same meanings as in the Lease.
FOR GOOD AND VALUABLE CONSIDERATION, the receipt and sufficiency of
which are acknowledged, the parties agree as follows:
1. First Extension Period. The term of the Lease is extended for
a period of one (1) year (the "First Extension Period") commencing on April 1,
2001, and expiring on March 31, 2002.
2. Base Rent. Commencing on April 1, 2001, and continuing through
the First Extension Period, Tenant shall, at the time and place and in the
manner provided in the Lease, pay to Landlord as Base Rent for the Premises the
amounts set forth in the following rent schedule, plus any applicable tax
thereon:
PREMISES
MONTHLY
FROM THROUGH RATE BASE RENT
------------- -------------- ------ ---------
April 1, 2001 March 31, 2002 $16.75 $1,418.17
3. Operating Expenses. Commencing on April 1, 2001, and
continuing through the First Extension Period, Tenant shall continue to pay
Tenant's Pro Rata Share of Operating Expenses payable under Article 4 of the
Lease. Tenant hereby confirms that its Pro Rata Share of Operating Expenses
equals 0.1506868%, which is the percentage that the Rentable Square Footage of
the Premises (i.e., 1,016 square feet) bears to the Rentable Square Footage of
the Building (i.e., 674,246 square feet). Tenant shall not be entitled to any
free rent period, construction allowance, tenant improvements or other work to
the Premises, or any other economic incentives that may have been provided to
Tenant in connection with entering into the Lease.
4. Condition of Premises. Tenant accepts the Premises in its
"as-is" condition.
5. Option to Extend. By extending the Term of the Lease for the
First Extension Period, Tenant has exercised its option to extend the lease set
forth in Rider No. 1 of the Lease. Therefore, Tenant's option to extend set
forth in Rider No. 1 of the Lease is deleted in its entirety.
6. Assignment and Subletting. Notwithstanding anything to the
contrary contained in the Lease, Tenant may not assign the Lease (either
absolutely or collaterally) or sublet the Premises to any person or entity that
would cause an adverse effect on the real estate investment trust (or pension
fund or other ownership vehicle) qualification tests applicable to Landlord or
its affiliates.
7. Consent. This Amendment is subject to, and conditioned upon,
any required consent or approval being unconditionally granted by Landlord's
mortgagee(s). If any such consent shall be denied, or granted subject to an
unacceptable condition, this Amendment shall be null and void and the Lease
shall remain unchanged and in full force and effect.
8. No Broker. Tenant represents and warrants that it has not been
represented by any broker or agent in connection with the execution of this
Amendment. Tenant shall indemnify and hold harmless Landlord and its designated
property management, construction and marketing firms, and their respective
partners, members, affiliates and subsidiaries, and all of their respective
officers, directors, shareholders, employees, servants, partners, members,
representatives, insurers and agents from and against all claims (including
costs of defense and investigation) of any broker or agent or similar party
claiming by, through or under Tenant in connection with this Amendment.
9. Time of the Essence. Time is of the essence with respect to
Tenant's execution and delivery to Landlord of this Amendment. If Tenant fails
to execute and deliver a signed copy of this Amendment to Landlord by 5:00 p.m.
(in the city in which the Premises is located) on February 26, 2001, this
Amendment shall be deemed null and void and shall have no force or effect,
unless otherwise agreed in writing by Landlord. Landlord's acceptance, execution
and return of this Amendment shall constitute Landlord's agreement to waive
Tenant's failure to meet such deadline.
10. Miscellaneous. This Amendment shall become effective only
upon full execution and delivery of this Amendment by Landlord and Tenant. This
Amendment contains the parties' entire agreement regarding the subject matter
covered by this Amendment, and supersedes all prior correspondence,
negotiations, and agreements, if any, whether oral or written, between the
parties concerning such subject matter. There are no contemporaneous oral
agreements, and there are no representations or warranties between the parties
not contained in this Amendment. Except as modified by this Amendment, the terms
and provisions of the Lease shall remain in full force and effect, and the
Lease, as modified by this Amendment, shall be binding upon and shall inure to
the benefit of the parties hereto, their successors and permitted assigns.
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LANDLORD AND TENANT enter into this Amendment on March 14, 2001.
LANDLORD: CRESCENT REAL ESTATE EQUITIES LIMITED
PARTNERSHIP, a Delaware limited
partnership
By: Crescent Real Estate Equities, Ltd.,
a Delaware corporation, its General
Partner
By: /s/ Xxxxxx X. Xxxxxx, Xx.
------------------------------------
Xxxxxx X. Xxxxxx, Xx.
Vice President
Leasing & Marketing
TENANT: GREAT SPIRITS COMPANY L.L.C.,
a Delaware limited liability company
By: /s/ Xxxx Xxxxxxx
------------------------------------
Name: Xxxx Xxxxxxx
Title: President
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