SECOND AMENDMENT
TO
LEASE
AMENDMENT made as of this 9th day of November, 1998 by and between THE
1010 COMPANY ("Owner"), a New York Limited Partnership, having an office c/o
Schmergel Enterprises Corp. 0000 Xxxxxxxx Xxxxxxxxx, Xxxxx Xxxx, Xxx Xxxx and
NAM CORPORATION ("Tenant")a Delaware Corporation, having an address at 0000
Xxxxxxxx Xxxxxxxxx, Xxxxx Xxxx, Xxx Xxxx.
BACKGROUND
Owner and Tenant are parties to a certain lease dated September 13,
1995 and letter agreement amending the lease dated October 16, 1995 (the "First
Amendment to Lease"). The lease as so amended by such prior amendment and this
Second Amendment to Lease is hereinafter referred to as the "Lease". Pursuant to
the Lease Tenant is leasing 4,800 rentable square feet of space (the "Existing
Premises") on the third floor in the building known as 0000 Xxxxxxxx Xxxxxxxxx,
Xxxxx Xxxx, Xxx Xxxx (the "Building"). Pursuant to Article 69 of the Lease,
Tenant has exercised its option to lease additional space on the third floor of
the Building consisting of 1,530 rentable square feet of space (the "Additional
Space"), as more particularly described on Exhibit A attached hereto. Owner and
Tenant desire to amend the Lease to reflect, among other things, the addition of
the Additional Space to the Existing Premises and the modifications to the Lease
which are related thereto.
AGREEMENT
For and in consideration of the premises and other mutual covenants
herein contained, Owner and Tenant hereby covenant and agree as follows:
Section 1. The term of the Lease as set forth in the "Witnesseth"
paragraph on the first page of the printed portion of the Lease is extended to
the last day of the month (the "Revised Termination Date") which is five (5)
years after the Additional Space Commencement Date (as defined in Section 5
hereof).
Section 2. Effective on the Additional Space Commencement Date and
continuing until the Revised Termination Date, the Lease shall be amended as
follows:
(A) The term Premises as set forth in the "Witnesseth"
paragraph on the first page of the printed portion of
the Lease shall be amended to include the Existing
Premises and the Additional Space.
(B) The annual rental rate set forth in the "Witnesseth"
paragraph on the first page of the printed portion of
the Lease shall be as follows:
(i) $175,372.68 ($27.705/s.f.) payable in equal
monthly installments of $14,614.39 for the
period commencing on the Additional Space
Commencement Date and ending on October 31,
1999. Notwithstanding the foregoing,
provided Tenant is not in default beyond
applicable grace periods, the monthly rent
(exclusive of the Electric Charge pursuant
to Article 38 of the Lease and the Tax
Payment pursuant to Article 41 of the Lease)
for the month of April 1999, shall be
abated.
(ii) $182,398.92 ($28.815/s.f.) payable in equal
monthly installments of $15,199.91 for the
period commencing on November 1, 1999 and
ending on October 31, 2000. Notwithstanding
the foregoing, provided Tenant is not in
default beyond applicable grace periods, the
monthly rent (exclusive of the Electric
Charge pursuant to Article 38 of the Lease
and the Tax Payment pursuant to Article 41
of the Lease) for the month of April 2000,
shall be abated.
(iii) $170,530.20 ($26.94/s.f.) payable in equal
monthly installments of $14,210.85 for the
period commencing on November 1, 2000 and
ending on October 31, 2001.
(iv) $173,948.40 ($27.48/s.f.) payable in equal
monthly installments of $14,495.70 for the
period commencing on November 1, 2001 and
ending on October 31, 2002.
(v) $177,429.96 ($28.03/s.f.) payable in equal
monthly installments of $14,785.83 for the
period commencing on November 1, 2002 and
ending on October 31, 2003.
(vi) $180,974.76 ($28.59/s.f.) payable in equal
monthly installments of $15,081.23 for the
period commencing on November 1, 2003 and
ending on the Revised Termination Date.
(C) For the purposes of subparagraph (1) of Paragraph B
of Article 40, the Premises shall be deemed to
contain a floor area of 6,330 square feet.
(D) "Tenant's Share" as set forth in subparagraph (1) of
Paragraph B of Article 40 shall be increased from
.0311 to .0410.
Section 3. The Security as set forth in Article 34 of the Lease shall
be increased from $19,704.00 to $26,768.78 by Tenant depositing with Owner the
sum of $7,064.78 upon the Additional Space Commencement Date.
Section 4. A. Owner agrees to perform the work (the "Initial
Installations") in the Premises shown on the construction drawings A-1 and A-2,
prepared by Owner's architect, Onmitech, dated October 7, 1998 as revised
October 15, 1998.
The total cost (including all permits and fees)of the Initial
Installations is $41,844.00 to which Owner shall apply a credit of $19,651 and
Tenant shall pay the balance in the amount of $22,193.00 as follows: $10,000.00
upon the execution of this Agreement; $10,000.00 upon Substantial Completion of
the Initial Installations; and $2,193.00 upon final completion of the Initial
Installations (including all punchlist items).
Section 5. The term "Additional Space Commencement Date" shall mean a
date after the date hereof which is the later of: (i) November 15, 1998 or (ii)
the date on which the Initial Installations in the Premises have been
substantially completed; and it shall be so deemed notwithstanding the fact that
minor or insubstantial details of construction, mechanical adjustment or
decoration remain to be performed, the noncompletion of which does not
materially interfere with Tenant's use of the Premises or the conduct of normal
business therein. Following the Additional Space Commencement Date Owner and
Tenant shall execute and deliver to each other copies of a document which states
the Additional Space Commencement Date and the Revised Termination Date.
Section 6. This agreement shall not be binding on Owner unless and
until it is executed and delivered to Tenant by Owner.
Section 7. To the extent that any capitalized terms not defined in this
Amendment are defined in the Lease, the definition in the Lease shall govern
herein.
Section 8. Except as modified herein, the Additional Space, is let to
Tenant upon the terms and conditions contained in the Lease.
Section 9. Except as herein modified, the Lease remains in full force
and effect in accordance with its terms.
THE 1010 COMPANY
By: 1010, LLC
By: ______________________________________________________
F. Xxxxxxx Xxxxxxxxx, Managing Member
NAM CORPORATION
By: _______________________________________________________
Name: Xxxxxxxx Xxxxxxxx-Xxxxxxx
Title: Vice President & Chief Financial Officer
