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Exhibit 10.9.1
THIRD AMENDMENT OF LEASE
The Parties agree to the following, effective as of the date of this
instrument:
SECTION I. THE PARTIES.
1.1 CAMBRIDGE ONE COMMERCIAL PLAZA, LLC, a Connecticut limited
liability company with a place of business in care of Cambridge Realty Partners,
LLC, 000 Xxxxxxxx Xxxxxx, Xxxxxxxx, Xxxxxxxxxxx 00000, is hereinafter referred
to as "LANDLORD".
1.2 FIRST INTERNATIONAL BANK (formerly First National Bank of New
England and later First International Bank, National Association), a state
banking association with a place of business at 000 Xxxxxxxx Xxxxxx, Xxxxxxxx,
Xxxxxxxxxxx 00000, is hereinafter referred to as "TENANT".
SECTION II. THE LEASE.
Landlord and Tenant entered into a Lease Agreement dated as of June 1,
1997, for premises in the building located at 000 Xxxxxxxx Xxxxxx, Xxxxxxxx,
Xxxxxxxxxxx, which Lease Agreement was amended by a First Amendment of Lease
dated November 30, 1998, (the "FIRST AMENDMENT") and a Second Amendment of Lease
dated as of March 26, 1999 (the "SECOND AMENDMENT"). The Lease Agreement, as so
amended, is referred to herein as the "LEASE". All terms defined in the Lease
shall have the same meaning in this instrument unless redefined in this
instrument.
SECTION III. AMENDMENTS TO THE LEASE.
3.1 ACKNOWLEDGMENT RE AND AMENDMENT TO SECTION 1.2 OF THE LEASE.
The parties acknowledge that as of the date hereof, the Premises
comprise 50,287 square feet of rentable area of office space and 693 square feet
of storage space and that, as of the Expansion Space C Commencement Date, as
defined in the Lease, the Premises will comprise 65,100 square feet of rentable
area of office space and 693 square feet of storage space, consisting of the
following:
Fourth Floor Space 25,018 rentable square feet on the fourth floor
Original Twelfth Floor Space 9,311 rentable square feet on the twelfth floor
Expansion Space A 9,635 rentable square feet on the twelfth floor
Expansion Space B 6,323 rentable square feet on the twelfth floor
Expansion Space C 14,813 rentable square feet on the third floor
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Total 65,100
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Storage Space 224 rentable square feet on the twelfth floor
Additional Storage Space 469 rentable square feet on the concourse floor
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Total 693
In the final paragraph of Section 1.2 of the Lease, added by the First
Amendment, the phrase "Expansion C Commencement Date" is corrected to be
"Expansion Space C Commencement Date".
3.2 AMENDMENT TO SECTION 2.1. OF THE LEASE.
Section 2.1 of the Lease is amended by deleting the Expiration Date of
"December 31, 2002" and substituting "December 31, 2003" in lieu thereof in
order to extend the Term of the Lease by one year.
3.3 AMENDMENT TO SECTION 2.2 OF THE LEASE.
In the final paragraph of Section 2.2, added by the First Amendment,
the date of "October 15, 1999" is deleted and "March 15, 2000" is substituted in
lieu thereof, and the date of "November 1, 1999" is deleted in each place where
it appears and "April 1, 2000" is substituted in lieu thereof, in order to
change the latest permitted Expansion Space C Commencement Date from November 1,
1999, to April 1, 2000.
3.4 AMENDMENT TO SECTION 3.1 OF THE LEASE.
The following phrase is added at the beginning of Section 3.1 of the
Lease: "Through and including December 31, 2002 (after which Section 3.3 hereof
shall apply),".
3.5 ADDITION OF SECTION 3.3. TO THE LEASE
The following is hereby added as Section 3.3. of the Lease:
Section 3.3 Base Rent in Final Year of Term.
From January 1, 2003, through and including December
31, 2003, Tenant shall pay Landlord as Base Rent the sum of
One Million Two Hundred Seventy-six Thousand Three Hundred
Eighty and No/100 Dollars ($1,276,380.00) payable in equal
monthly installments of One Hundred Six Thousand Three Hundred
Sixty-five and No/100 Dollars ($106,365.00) due in advance on
the first day of each month during the Term.
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During this period, the Base Rent is calculated based
on the following rental rates per rentable square foot per
annum:
Fourth Floor Space $19.50
Original Twelfth Floor Space $19.50
Expansion Space A $19.50
Expansion Space B $19.50
Expansion Space C $19.50
Storage Space $10.00
Additional Storage Space $10.00
3.6 CLARIFICATION OF ARTICLE 34 OF THE LEASE.
The parties acknowledge and agree that the First Extension
Option contained in Article 34 of the Lease is intended to be available to
Tenant at the end of the initial term of the Lease as extended by Section 3.2 of
this amendment and that the Second Extension Option is intended to be available
to Tenant at the end of the First Extension Period, both on all the terms and
subject to all the conditions set forth in Article 34.
SECTION IV. BROKERS.
Each party covenants, warrants and represents that it has not dealt
with any real estate broker or salesman in the finding, negotiation or execution
of this instrument. Each party agrees to indemnify and hold the other party
harmless against any and all claims for any brokerage commissions and/or any
finder's fee and all costs, expenses and liabilities in connection therewith,
including without limitation, attorneys' fees, court costs and expenses, arising
out of any dealings or negotiations the indemnifying party had with any broker
and/or finder in the finding, negotiation or execution of this instrument.
SECTION V. GENERAL CLAUSES.
5.1 Except as modified by this instrument, Landlord and Tenant ratify
and confirm the terms of this Lease.
5.2 Terms defined in the Lease shall have the same meaning in this
instrument as in the Lease unless redefined in this instrument.
5.3 The Lease and this instrument are binding on Landlord and Tenant
and their respective heirs, successors and assigns.
5.4 Tenant's obligation to pay amounts due and owing prior to
termination or expiration of the Lease shall survive such termination or
expiration.
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5.5 The word "includes" means "includes without limitation". The word
"include" means "include without limitation". The word "any" means "any and
all". The word "until" means "unless and until".
IN WITNESS WHEREOF, the parties hereto have executed this Amendment as
of October 29, 1999.
Witnessed by:
LANDLORD:
CAMBRIDGE ONE COMMERCIAL PLAZA, LLC
By: One Commercial Management, LLC,
Its Managing Member
By: Levstone Commercial Management Corp.,
Its Managing Member
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By /s/ Xxxx X. Xxxxx
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Name: Xxxx X. Xxxxx
Title: Vice President
TENANT:
FIRST INTERNATIONAL BANK
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By: /s/ Xxxxx X. Xx Xxxxxx
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Name: Xxxxx X. Xx Xxxxxx
Title: Executive Vice President
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