EXHIBIT 10.239
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LEASE ADDENDUM
NO. 2
TO
OFFICE BUILDING LEASE
This lease addendum constitutes an addendum to that certain office Building
Lease (the "Agreement") dated April 10, 2000, including all exhibits and prior
addenda between Xxxxx Sun Ventures, LLC, a Utah Limited Liability Company, as
"Lessor", and Meadow Valley Contractors, Inc., a Nevada Corporation, as
"Lessee", for the property designated as Building 2, located at 0000 Xxxx Xxxxxx
Xxxxxx Xxxxxxxxxxx Xxxx 00000.
The following terms are hereby incorporated as part of the Agreement, and to
the extent that they modify or conflict with any provisions of the same, these
terms shall control. All other terms and conditions shall remain the same.
52. EXERCISE OPTION TO EXTEND
As referenced in Section 41. of the Agreement, Lessee and Lessor have
hereby negotiated to extend the term of the lease period by an additional five
(5) years. This lease extension is subject to the following modifications.
53. FLOOR PLAN CHANGE
In reference to Section 15.(a) of the Agreement, the new floor plan
attached hereto as Exhibit "D" shall henceforth supersede and take the place of
the floor plan referenced as Exhibit "B" attached to the original Agreement.
54. SPACE REDUCTION & AMENDED ADDRESS
In reference to Section 2. of the Agreement the "Premises" shall decrease
in size to approximately 2000 square feet, which shall be exclusively located
on the second floor. The address shall be amended to 0000 Xxxx Xxxxxx Xxxxxx,
Xxxx. 0, Xxxxx X Xxxxxxxxxxx, Xxxx 00000.
55. UTILITIES & SHARED FACILITIES
In reference to Section 18. of the Agreement, utilities shall be prorated
according to square footage between the Lessee and the first floor tenant. As
the first floor entry and rest-rooms shall be shared by Lessee and the first
floor tenant, they shall be considered "shared facilities" and maintained by
both Lessee and the first floor tenant. Lessee shall maintain the shared
facilities when the first floor is not occupied.
56. PREMISES IMPROVEMENTS
In reference to Section 15.(a) of the Agreement, the Premises shall be
improved by Lessor in accordance with the floor plan attached hereto as Exhibit
"D". Said improvements are estimated to be completed on or before June 1, 2003.
57. AMENDED RENT SCHEDULE
In reference to Section 5.(b) of the Agreement, the monthly rent shall be
amended to reflect the reduced square footage and improvements. The amended
rent schedule listed below shall supersede and amend the previous rent schedule
referenced in Section 5.(b) of the Agreement.
YEAR #4 $1,950.00 (commencing May 1, 2003)
YEAR #5 $2,047.00
YEAR #6 $2,150.00
YEAR #7 $2,257.00
YEAR #8 $2,370.00 (ending April 30, 2008)
58. SECOND OPTION TO EXTEND
Provided the Lessee is not in default in any of the terms and conditions
of the Agreement and/or it's Addenda, Lessor shall grant Lessee a "Second
Option To Extend" the lease term for a period of five (5) years beyond the
first extension period which ends April 30, 2008, provided Lessee notifies
Lessor in writing of it's intent to exercise the second option on or before
March 1, 2008. The second extension period rental rate and annual cost of
living adjustment shall continue as set forth in Section 57. above and Section
6. of the Agreement.
59. LEASE ADDENDUM NO. 2 ACCEPTANCE
In accordance with Section 44. of the Agreement this Lease Addendum No. 2
is signed and accepted by both Lessee and Lessor on this 9th day April, 2003.
LESSOR: LESSEE:
Xxxxx Sun Ventures, LLC Meadow Valley Contractors, Inc.
/s/ Xxxxxxx X. Xxxxxxxxx /s/ Xxxx Xxxxxx
By: _____________________________ By: _______________________________
Xxxxxxx X. Xxxxxxxxx, Manager Xxxx Xxxxxx, Vice President
/s/ Xxxxxx Xxxxxxx /s/ Xxxxxxx Xxxxxxx
WITNESS:_________________________ WITNESS:___________________________
Print: Xxxxxx Xxxxxxx Print: Xxxxxxx Xxxxxxx
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