EXHIBIT 10.31.2
[Mericle Letterhead]
February 18, 1997
VIA HAND DELIVERY
US FoodService, Inc. Xxxx-Xxxxxxx Realty, L.P.
000 Xxxxxxxxx Xxxxx c/o Eastern Insurance Group
East Mountain Corporate Center 000 Xxxxxxxxx Xxxxx
Xxxxxx-Xxxxx, XX 00000 East Mountain Corporate Center
Attn: Xxxxxxx Xxxxxxx, Vice President Xxxxxx-Xxxxx, XX 00000
Attn: Xxxx X. Xxxxxx, Xx.
Managing General Partner
RE: Amendment to Agreement of Lease, Dated February 28, 1996, by and between
Xxxx-Xxxxxxx Realty, L.P. and US FoodService, Inc.
Gentlemen:
With respect to the above-referenced Lease (the "Lease"), reference was
made therein to the Leased Premises containing approximately 25,000 rentable
square feet of space. Upon the final completion of the Building and the final
measurement of all of the tenant spaces by the Building architect, it has
been determined that the total number of rentable square feet of space
actually contained in the Leased Premises leased to US FoodService, Inc. is
actually (i) 4,497 square feet on the first (1st) floor, (ii) 7,550 square
feet on the second (2nd) floor, and (iii) 21,519 square feet on the third
(3rd) floor for a total of 33,566 square feet. Accordingly, pursuant to
PARAGRAPH 2 of the Lease, the Minimum Rent, as set forth in PARAGRAPH 5(a) of
the Lease, shall be adjusted according to the actual number of square feet of
space contained in the Leased Premises as determined by the Building
architect as set forth herein. The Minimum Rent for each of the first
thirty-six (36) months of the Term is, therefore, $34,964.58 (i.e.,
$419,575.00 per annum). In addition, the Lessee's Proportionate Share, as set
forth in PARAGRAPH 7 of the Lease, shall also be adjusted accordingly and,
therefore, the Lessee's "Proportionate Share" shall be 56.7% (determined by
dividing 33,566 (the actual square footage contained in the Leased Premises)
by 59,206 (the actual total number of rentable square feet contained in the
Building)). For your information, I am providing herewith a copy of the
Building architect's calculations with respect to the re-measurement of your
Leased Premises and the Building.
This letter shall serve as an Amendment to the Lease and all other terms
and provisions of the Lease shall remain in full force and effect and shall
not be affected hereby. Further, the terms and provisions of the Lease, as
are being amended hereby, shall be deemed to have been so amended as of the
Commencement Date of the lease as set forth therein.
US FoodService, Inc.
Xxxx-Xxxxxxx Realty, L.P.
February 18, 1997
Page 2
Please indicate your acceptance of the terms of this letter by executing
in the space provided below, whereupon this letter shall be deemed to be an
amendment to your Lease.
Sincerely,
/s/ Xxxxx X. Xxxxx
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XXXXX X. XXXXX
Chief Operating Officer
AGREED AND ACCEPTED TO on this 18th day of February, 1997:
LESSOR:
XXXX-XXXXXXX REALTY, L.P.,
a Pennsylvania limited partnership
BY: /s/ Xxxx X. Xxxxxx, Xx.
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XXXX X. XXXXXX, XX.
Its: Managing General Partner
LESSEE:
US FOODSERVICE, INC.,
a Delaware corporation
BY: /s/ Xxxxxxx Xxxxxxx
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XXXXXXX XXXXXXX
Its: Vice-President
