First Amendment to Lease
This First Amendment to Lease (the "Amendment") dated May 23, 2002 is made by
and between EJM Development Co., a California limited partnership ("Landlord")
and OneSource Technologies, Inc, ("Tenant"), who entered into this Amendment
with reference to the following facts:
A. Whereas, Landlord and Tenant entered into a Lease dated the 20th day of
September 1999 (the "Lease"), for approximately 13,878 square feet of space
located at 0000 Xxxx Xxxx Xxxxx, Xxxxxxxxxx, XX (the "Property").
B. Whereas, Tenant has requested that Landlord enter into a direct lease with
SLS Group, Inc, and Data Mapping Solutions, LLC ("SLS") for a portion of
the Property.
C. Whereas, as an accommodation to Tenant, Landlord has agreed to enter into a
direct lease with SLS for a portion of the Property subject to Landlord and
SLS entering into a lease on terms and conditions acceptable to Landlord in
Landlord's sole discretion and also subject to Landlord and Tenant entering
into this Amendment.
D. Whereas, Landlord and Tenant now desire to amend certain terms of the
Lease.
Therefore, it is agreed to amend the Lease as follows:
1. Property:
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Effective June 1, 2002, the Property as defined in the Lease shall be
described as follows:
"A portion of 0000 Xxxx Xxxx Xxxxx, Xxxxxxxxxx, XX consisting of
approximately 7,331 square feet of office/warehouse area as depicted on the
attached Exhibit "A",
2. Exhibit "A":
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Effective June 1, 2002 Exhibit "A" to the Lease shall be replaced by
the Exhibit "A: attached hereto.
3. Base Rent:
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Beginning June 1, 2002, the monthly Base Rent shall be payable as follows:
Months: Monthly Amount:
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June 1, 2002 - November 30, 2002 $5,135.00 per month NNN
December 1, 2002 - November 30, 2003 $5,280.00 per month NNN
December 1, 2003 - November 30, 2004 $5,425.00 per month NNN
In addition to Base Rent and other charges payable under the terms of this
Lease, Tenant shall pay Landlord the amount of any transaction privilege
tax, rent tax, sales tax, gross proceeds tax, use tax, occupancy tax or
like tax (excluding income taxes) levied, assessed or imposed by any
federal, state, county or municipal governmental authority, or any
subdivision thereof, upon or measured by any rent or other charge payable
under this Lease.
Initial: FS
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Initial: JW
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4. Vehicle Parking Spaces Allocated to Tenant:
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Section 1.11 of the Lease is hereby deleted in its entirety and
replaced with the following:
"Section 111. Vehicle Parking Spaces Allocated to Tenant: (See Section
4.05) 10 ."
5. Other Periodic Payments:
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Effective June 1, 2002, Tenant's initial Pro Rata Share of Common Area
Expenses shall be changed to 33.6%.
6. Brokerage Commissions:
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Tenant represents and warrants to Landlord that there are no agents,
brokers, fingers or other parties with whom Tenant or SLS has dealt with
who are or may be entitled to any commission or fee with respect to this
Amendment, Tenant shall be solely responsible for payment of any commission
or fee to any such broker or other party Tenant or SLS has dealt with,
Tenant shall indemnify, defend and hold harmless Landlord from any such
claims for commissions or other fees in connection with this Amendment and
the lease with SLS.
7. Tenants Outstanding Balance Due:
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As of May 31, 2002, Tenant has an outstanding balance of Base Rent and
Additional Rent equal to $23,925.08. Concurrently with the execution of
this Amendment Tenant shall pay Landlord the amount of $13,489.56 in good
funds leaving an Outstanding Balance due of $10,435.52 (the "Outstanding
Balance"). As an accommodation to Tenant, Landlord has agreed to accept
repayment of the Outstanding Balance from Tenant in ten (10) consecutive
equal monthly payments of $1,043.55 due on the first (1st) day of each
month commencing on July 1, 2002. Failure by Tenant to make any such
payment on the Outstanding Balance shall be treated as a monetary default
under the terms of the Lease except, that in addition to the then late
payment, the then remaining balance of the Outstanding Balance shall
immediately be due and payable to Landlord, If Tenant fails to pay any rent
payment due pursuant to terms of the Lease, in addition to Landlord's
remedies provided for in the Lease, such failure to pay rent shall also
cause 100% of the then remaining Outstanding Balance to be immediately due
and payable to Landlord.
8. Common Utilities, HVAC and Other Equipment and Services:
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Tenant acknowledges and agrees that as a result of reducing the size
of the space Tenant leases from Landlord there will be certain utilities,
electrical, fire sprinkler, other building systems and equipment that will
serve both Tenant's leased Property and the space leased to SLS, Landlord's
agreement to enter into this Amendment is solely being done as an
accommodation to Tenant and Tenant, at Tenant's sole cost and expense,
shall be fully responsible for all costs, permits and work needed (if any)
for all utilities, HVAC equipment or other equipment or services required
to operate at the Property and to keep the Property in the condition as
required under the terms of the Lease.
9. Binding Force:
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Submission of the Amendment is not an offer to Lease or amend the
Lease. The Amendment shall become binding upon Landlord an Tenant only when
the Amendment is fully executed and delivered by Landlord. In the event
Landlord does not execute and deliver the Amendment, then the Amendment
shall be void and of no force or effect. Additionally, this Amendment is
conditional upon the execution of a lease between Landlord and SLS for the
portion or the 7419 X. Xxxx Building.
Initial: FS
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Initial: JW
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10. Ratification of the Lease:
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The terms of the Lease are amended to reflect the changes set forth
above. In all other respects the terms of the Lease shall be in full force
and effect. In the event of any conflict between this Amendment and the
Lease, the terms of this Amendment shall be deemed controlling.
11. Capitalized Terms:
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Except as otherwise expressly provided herein, the capitalized terms
and phrases in this Amendment shall have the same meanings as are given
such terms in the Lease.
12. Authority:
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If Tenant is a corporation, limited liability company, trust, general
or limited partnership, each individual executing this Amendment on behalf
of such entity represents and warrants that he or she is duly authorized to
execute and deliver this Amendment on behalf of said entity.
Landlord Tenant
By: EJM Development Co., a California OneSource Technologies, Inc
limited partnership
By: Xxxx Styles By: Xxxxx Xxxxxxxx
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Its: General Partner Its: President
Date: June 3, 2002 Date: May 31, 2002
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Initial: FS
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Initial: JW
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