Exhibit 10.24
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AMENDMENT NUMBER ONE TO THAT LEASE AGREEMENT DATED NOVEMBER 22, 1999 BETWEEN
XXXX XXXX, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, BY APSARA, INC., A
CALIFORNIA CORPORATION, ITS MANAGING MEMBER (AS SUCCESSOR IN INTEREST TO XXXXXXX
PROPERTIES, L.P., A CALIFORNIA LIMITED PARTNERSHIP), AS LANDLORD, AND
EARLYCHILDHOOD, LLC, A LIMITED LIABILITY COMPANY, AS TENANT FOR PREMISES LOCATED
AT 0 XXXXX XXXXXXXX XXXXX, XXXXX 000, XXXXXXXX, XXXXXXXXXX.
The above described Lease Agreement will be amended as follows to provide for
Tenant's installation of a generator.
1. Tenant shall, at Tenant's sole cost and expense, install a generator with a
self-contained above-ground fuel tank (the "Generator") in the area (the
"Area") which Area shall be selected by Landlord in Landlord's sole
discretion; provided, however, that in Landlord's sole determination, such
installation of the Generator is feasible with respect to, among other
things, available location, weight and size of the Generator. Landlord
requires the Generator enclosure to be painted out to match the Building.
Landlord reserves the right to require Tenant to screen the Generator
enclosure with a fence and landscaping. Prior to Landlord's selection of
the Area, if such selection is made, Tenant shall provide Landlord with a
detailed written statement describing the specifications of the Generator
for Landlord's approval, which approval may be withheld in Landlord's sole
discretion. Provided that pursuant to the terms of this Lease, Tenant does
install the Generator, the Generator shall remain the property of Tenant
for its own exclusive use. Tenant, at Tenant's expense, shall remove the
Generator and restore the Area and all interior and exterior alterations
made pursuant to the installation of the Generator by Tenant by the
expiration or earlier termination of this Lease, to its condition existing
prior to the installation of the Generator and in a manner consistent with
the terms of this Lease.
2. Tenant shall at all times during the Term, at Tenant's expense, maintain
all parts of the Generator and such portions of the Area as are within the
exclusive control of Tenant in a good, clean and working condition and
promptly make all necessary repairs and replacements, as reasonably
determined by Landlord, with materials and workmanship of the same
character, kind and quality as the original. Notwithstanding anything to
the contrary contained herein, Tenant shall, at its expense, promptly
repair any damage to the Generator or the Area resulting from or caused by
any negligence or act of Tenant or Tenant's parties.
3. The terms of Paragraph 4D hereof (Hazardous Materials) and Tenant's
obligations thereunder, shall apply to the Area and the Generator and the
use thereof.
4. Paragraph 19, Security Deposit: $23,278.00. Tenant agrees to increase
security deposit $7,500.00 and that $7,500.00 of the security deposit will
be used to remove the Generator and restore the Area and all interior and
exterior alterations made pursuant to the installation of the Generator
upon lease termination.
All other items and conditions of the Lease Agreement shall remain in full force
and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment this 6th day
of April, 2001.
LANDLORD: TENANT:
XXXX XXXX, LLC, EARLYCHILDHOOD, LLC,
a California limited liability company a California limited liability company
By: APSARA, INC. By: /s/ Xxx Xxxxxxx
a California corporation --------------------------
Its: Managing Member Xxx Xxxxxxx, President
Date: March 29, 2001
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By: /s/ Xxxxxxx X. Xxxxxxx
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Xxxxxxx X. Xxxxxxx, President
Date: 4/6/01
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