FIRST AMENDMENT TO LEASE
This First Amendment to Lease (this "Amendment") is made as of September
27, 1999 by and between W9/LWS II Real Estate Limited Partnership
("Landlord") and 0-Xxxxxxxx.xxx, Inc. ("Tenant").
RECITALS
A. Landlord and Tenant entered into that certain Office Space Lease
dated June 16, 1999 (the "Lease") pursuant to which Tenant leased from
Landlord approximately 1,161 rentable square feet of space (Suite 100) on the
first floor of the building known as Loop Central Three located at 0000 Xxxx
Xxxxxxx Xxxxx, Xxxxxxx, Xxxxx. All capitalized terms used herein and not
otherwise defined shall have the meanings given them in the Lease.
B. Landlord and Tenant have agree to relocate the Premises and
otherwise modify the terms of the Lease and wish to confirm their agreements
in this Amendment.
NOW, THEREFORE, in consideration of the foregoing and the mutual
covenants contained herein, and for other good and valuable consideration,
the receipt and sufficiency of which are hereby acknowledged, Landlord and
Tenant agree as follows:
1. RELOCATION. Effective as of November 1, 1999, the Premises shall be
relocated to that certain space, known as Suite 150, containing approximately
5,998 rentable square feet and depicted on Exhibit A attached hereto and
incorporated herein by this reference ("Suite 150"). As of November 1, 1999,
the Rentable Area of Premises shall be changed to 5,998 and Tenant's Share
shall be changed to 3.04%.
2. TERM. The Term is hereby extended to October 31, 2002, which date
shall now be the Expiration Date.
3. MONTHLY BASE RENT. As of November 1, 1999, the Monthly Base Rent
schedule set forth in Section 1.08 of the Lease shall be modified as follows:
PERIOD ANNUAL BASE RENT PER MONTHLY BASE
SQUARE FOOT RENT
November 1, 1999 to October 31, 2000 $17.25 $8,622.13
November 1, 2000 to October 31, 2001 $17.50 $8,747.08
November 1, 2001 to October 31, 2002 $17.75 $8,872.04
Monthly Base Rent shall continue to be paid at the times, and in the manner,
described in Sections 4.02 and 4.03 of the Lease.
4. EXPENSE ADJUSTMENT AND TAX ADJUSTMENT. Tenant shall continue to pay
Expense Adjustment and Tax Adjustment as provided in Section 4.04 of the
Lease except that, as of November 1, 1999, Tenant's Share shall be 3.04%.
5. SECURITY DEPOSIT. On or prior to November 1, 1999, Tenant shall
deposit funds with Landlord sufficient to increase the Security Deposit to
$8,622.13.
6. CONDITION OF PREMISES. Tenant accepts Suite 150 in its "as is"
condition as of November 1, 1999 and agrees that Landlord has made no
promise, agreement or representation regarding any improvement or renovation
of Suite 150.
7. PARKING. The first three (3) sentences of Section 32.09 of the Lease
are hereby deleted and replaced with the following:
"Tenant shall be entitled to the use of up to seventeen (17) parking
spaces in the parking garage located at the Building, up to six (6) of
which can be reserved. All parking charges shall be abated until October
31, 2002.
8. CONFIRMATION OF LEASE. Except as modified by the terms of this
Amendment, the Lease remains unmodified and in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be
executed as of the date first above written.
LANDLORD: TENANT:
W9/LWS II REAL ESTATE LIMITED 0-XXXXXXXX.XXX, INC., a____________
PARTNERSHIP, a Deleware limited
partnership
BY: W9/LWS II GEN-PAR, INC., a By: /s/ Xxxxx X. Xxxxxx
Delaware corporation, its General -------------------
Partner Name: Xxxxx X. Xxxxxx
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Title: Vice President
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Date: 10/20/99
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By: /s/ Xxxx X. Xxxxxxx
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Name: Xxxx X. Xxxxxxx
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Title: Vice President
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Date: 11/1/99
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EXHIBIT X
XXXXX XXXX - XXXXX 000
[FLOOR PLAN]
A-1
