Exhibit 10.4(a)
AGREEMENT TO EXTEND LEASE
This Agreement is made and entered into as of this 14th day of
August, 1995, by and between Damson/Xxxxxxxx Realty Income Fund-II,
Limited Partnership (hereinafter called "Landlord") and IOMEGA
Corporation (hereinafter called "Tenant") with respect to the
following facts:
WITNESSETH:
A. Landlord and Tenant entered into a certain lease dated June
21, 1991, (the "Original Lease") under which Landlord demised
to Tenant the Property commonly known as Building 7,
consisting of approximately 70,000 square feet; and
B. Landlord and Tenant agree to modify the Original Lease
pursuant to the Agreement to Extend Lease, dated May 20, 1994
(the Original Lease, as amended by the Agreement to Extend
Lease is hereinafter referred to as the "Lease"); and
C. Said Lease is schedule to expire by lapse of time on November
30, 1997; and
D. Landlord and Tenant desire to amend said Lease so as to extend
the Term thereof and to establish the rents payable thereunder
during such period; and
E. It is intended by this Agreement to amend said Lease;
NOW, THEREFORE, in consideration of the Property, and of the
covenants and agreements herein set forth, it is agreed that the
Lease be hereby amended from and after the date hereof as follows:
1) Section 1.05 of the Lease, entitled Lease Term, is hereby
extended for a period of two (2) years, commencing on the last
day of the initial Term of the Lease and expiring on the 30th
day of November, 1999, unless the Lease shall sooner terminate
as provided therein.
2) For the period from the first day of December, 1997, through
and including the 30th day of November, 1999, Tenant shall pay
to Landlord as Base Rent over and above the other and
additional payments to be made by Tenant for the Property, the
sum of Eight Hundred Twenty-One Thousand One Hundred and
no/100 ($821,100.00) payable monthly in advance on the first
day of each and every calendar month as follows:
Period Monthly Base Rent
December 1, 1997 through and
including November 30, 1998 $33,705.00
December 1, 1998 through and
including November 30, 1999 $34,720.00
all at the place and in the manner in the Lease provided.
3) Section 3.02 of the Lease, entitled Cost of Living Increases,
is hereby deleted, and shall have no further force or effect.
4) Except as herein specifically amended, all terms, provisions,
covenants, and conditions of the Lease shall remain unchanged
and in full force and effect, and the same are hereby ratified
and confirmed.
TENANT LANDLORD
IOMEGA Corporation Damson/Xxxxxxxx Realty Income
Fund-II, Limited Partnership
By: /s/ Xxxx X. Xxxxxxxxx By: Xxxxxxxx Investments
Its: Authorized Agent
Its: Senior Vice President
By: /s/ Xxxxxxx X. Xxxxx
Date: 8/25/95 Its: Senior Vice President
Date: 8/28/95
