EXHIBIT 10.2
AMENDMENT TO LEASE DATED OCTOBER 1, 1983
This Amendment is to be attached, and will constitute an extension of
the Lease dated October 1, 1983, by and between West Acres Office Park
(hereafter referred to as "WAOP") as Landlord, and Great Plains Software O.C.,
Inc. (hereafter referred to as GPS) as Tenant, covering the continuing leasing
of office space in the WAOP building.
TOTAL SQUARE COST PER MONTHLY
AREA DESCRIPTION FEET SQUARE FOOT RENTAL
---------------- ------------ ----------- -------
BASEMENT:
1. NW Corner 741 $ 8.53 527
2. Northwest (xxxx small repro) 520 $ 8.53 370
3. West Conf. Xxxx 000 $ 8.53 213
4. Northeast 1,275 $ 8.53 906
5. Southwest Corner 1,276 $ 8.53 907
6. South Middle 280 $ 8.53 199
MAIN:
7. North 5,355 $13.97 6,234
8. Southwest Corner 3,912 $13.97 4,554
TOP:
9. North 5,354 $13.97 6,233
10. South 7,825 $13.97 9,110
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TOTALS 26,838 Total Sq. Feet $29,253
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PARKING:
1. Garage (four paid at $45, five free) $ 180
2. Outside plug-ins (six paid at $7.50, three free) 45
TOTAL MONTHLY RENTAL $29,478
ADDITIONALLY, WAOP AND GPS HAVE AGREED TO THE FOLLOWING:
A. This Amendment shall be effective July 1, 1998 and continue through
June 30, 2003.
B. The rent listed above shall be effective July 1, 1998 and remain fixed
through June 30, 2002. Thereafter, the rent shall be adjusted as of
July 1, 2002 by the change in the Midwest Consumer Price Index from
March 31, 2001 vs. March 31, 2002, not to exceed 3%.
C. WAOP shall perform the following maintenance as soon as is practicable,
and no later than March 1, 1999:
i. Replace the bathroom flooring
D. WAOP will install an external shut-off valve as soon as is practicable,
and no later than May 1, 1999.
E. WAOP will continue to work on exterior building water leaks, with a
problem correction by October 1, 1998, if possible, and no later than
June 1, 1999.
F. WAOP shall seek improvements in daytime maintenance as outlined in the
GPS letter of July 20, 1998, attached hereto.
G. Between January 1 and May 31, 2002, GPS may give notice of early
termination by providing WAOP a six month notice of termination AND a
lump sum prepayment of four months rent beyond occupancy. After June 1,
2002, GPS may give notice of early termination by providing WAOP a four
month notice of termination AND a lump sum payment of three months rent
beyond occupancy.
H. At any time during the term of this lease extension, GPS shall have the
right to sublease any and all space to a related entity or to a
Partner/Developer, doing business with GPS. GPS shall also have the
right to sublease any or all space to any business entity, with the
consent of WAOP, and such consent shall not be unreasonably withheld.
Dated this 21 day of December, 1998.
WEST ACRES OFFICE PARK GREAT PLAINS SOFTWARE O.C., INC.
By: /s/ Xxxxxx X. Xxxxxxx By: /s/ Xxxx Xxxxxx-Xxxx
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(as Landlord) (as Tenant)
XXXXXX X. XXXXXXX, XXXX XXXXXX-XXXX,
GENERAL PARTNER EXECUTIVE VICE PRESIDENT
WITNESS: WITNESS:
/s/ Xxxxx Xxxxxxx /s/ Xxxxxxx X. Xxxxxx
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SIXTH AMENDMENT TO LEASE
This Sixth Amendment to Lease is dated as of the 14th day of June,
1999, between WEST ACRES OFFICE PARK PARTNERSHIP, A NORTH DAKOTA GENERAL
PARTNERSHIP ("Landlord") and GREAT PLAINS SOFTWARE O.C., INC., A MINNESOTA
CORPORATION ("Tenant").
RECITALS
A. Landlord and Tenant entered into that certain Lease dated
October 1, 1983, as amended by Amendment dated April 25, 1984, as amended by
Amendment dated September 30, 1985, as amended by Amendment dated November 26,
1988, as amended by Amendment dated July 20, 1993, and as amended by Amendment
dated December 21, 1998 (the Lease, as amended by all such Amendments, the
"Lease"), relating to certain real property hereafter identified.
B. The parties wish to clarify and/or amend the legal description of
the real property intended to be covered by the Lease.
AGREEMENTS
In consideration of the recitals and the following mutual agreements,
the parties agree to amend the Lease as follows:
1. LEGAL DESCRIPTION. Notwithstanding anything in the Lease to the
contrary, the only real property upon which the Leased Premises (as defined in
Section 1 of the Lease) is located is legally described as: Xxx 0, Xxxxx 0, xx
Xxxx Xxxxx Xxxxx Subdivision in part of the East 1/2 of Section 15, Township 139
North of Range 49 West of the 5th P.M., situate in the City of Fargo, Cass
County, North Dakota.
2. CONTINUING EFFECT/FURTHER MODIFICATIONS. The Lease, except as
hereby expressly amended, remains unmodified and in full force and effect. The
Lease shall not be further amended except in a writing signed by the parties.
The parties have signed this Sixth Amendment as of the date first above
written.
LANDLORD: TENANT:
WEST ACRES OFFICE PARK PARTNERSHIP GREAT PLAINS SOFTWARE O.C., INC.
By: /s/ Xxxxxx X. Xxxxxxx By: /s/ Xxxxxxx X. Xxxxxx
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Xxxxxx X. Xxxxxxx, Managing Partner Xxxxxxx X. Xxxxxx,
General Counsel
