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AMENDMENT NO. 1
THIS AMENDMENT NO. 1 to the Lease Agreement (the "Lease") dated the 8th
day of August, 1997, by and between X-X Properties, Inc. ("Landlord") and
Xxxxxx-Xxxx Inc. ("Tenant"), made this 26th day of October 1993.
WITNESSETH
Whereas, Landlord leases to Tenant, and Tenant leases from Landlord
"Leased Premises" (as defined in the Lease);
Whereas, Tenant desires to lease from Landlord that certain tract or
parcel of land adjacent to the Leased Premises, as shown in Exhibit "A" (the
"Adjacent Property"); whereas, the Landlord desires to lease to Tenant that
certain tract or parcel of land adjacent to the Leased Premises;
Now, therefore, for and in consideration of the premises, the mutual
covenants and agreements herein contained and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged,
Landlord and Tenant hereby covenant and agree as follows:
1. Landlord and Tenant reaffirm that the Lease Agreement dated
the 8th day of August, 1991 by and between Landlord and Tenant
is in full force and effect.
2. Landlord hereby leases to Tenant, and Tenant hereby leases
from Landlord the Adjacent Property.
3. Term - to have and hold said Adjacent Property for a term
coterminus with the Lease Agreement (Section 2.01 and Section
29.01), commencing October 26, 1993.
4. Rental - As rental for the Adjacent Property, Tenant agrees to
pay X-X Properties, Inc., for the account of Landlord, the sum
of Thirty-six Thousand Four Hundred Eighty Dollars ($36,480)
per year, payable in monthly installments ("Monthly Base Rent
- Adjacent Property") each in the amount of Three Thousand
Forty Dollars ($3,040) on or before the first day of each
calendar month beginning on November 1, 1993 and thereafter
for the remainder of the term, together with any other
additional rental as hereinafter set forth. Monthly Base Rent
- Adjacent Property hereunder shall be adjusted annually,
after written notice from the Landlord. The annual Monthly
Base Rent - Adjacent Property adjustment shall be the greater
of four and one-half
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percent (4.5%) or the proportional increase, if any, in the
United States Consumer Price Index (all items Atlanta, Georgia
area, of the U.S. Bureau of Labor Statistics), from the first
month of the lease year to the last month of the lease year
previous to the lese year for which the Monthly Base Rent -
Adjacent Property adjustment is computed. Tenant shall pay
interest at a rate of twelve percent (12%) per annum on all
payments more than 10 days past due. If the Lease shall end on
any date, other than the last day of a calendar month, rent
for such month shall be prorated.
IN WITNESS WHEREOF, the parties hereto who are individuals have set
their hands and seals, and the parties who are corporations have caused
this instrument to be duly executed by its proper officers and its
corporate seal to be affixed, as of the day and year first above
written.
Landlord
X-X PROPERTIES INC.
By: /s/ Xxxxx X. Xxxxxx
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Name: Xxxxx X. Xxxxxx
Its: Assistant Secretary
Tenant
XXXXXX-XXXX INC.
By: /s/ Xxxxx X. Xxxxxxxxxx, VP-Finance
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Name: Xxxxxxx X. Xxxxxxxxxx
Its: VP - Finance
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EXHIBIT "A"
(ADJACENT PROPERTY)
LEGAL DESCRIPTION
ALL THAT TRACT or parcel of land lying and being in Land Lot 202 and 2203 of the
Sixth District of Gwinnett County, Georgia, and being more fully described as
follows:
To find the true point of beginning, begin at the point of intersection of the
easterly right of way of Xxxxx Xxxxxxxx Boulevard (formerly known as Franklin
Road), a right of way of varying widths beings determined by measuring 50 feet
from the centerline of the existing pavement at this point, with the southerly
mitered right of way of Pavilion Place, an 80 foot right of way, thence along
said right of way miter of Pavilion Place north 79 degrees 03 minutes 23 seconds
east a distance of 30.10 feet to an iron pin found, thence continuing along said
right of way south 55 degrees 56 minutes 37 seconds east a distance of 245.88
feet to a point, thence along a curve to the left, having a radius of 612.96
feet, an arc distance of 146.29 feet to a point, said arc being subtended by a
chord having a chord bearing and distance of south 62 degrees 46 minutes 51
seconds east, 145.94 feet; thence continuing along said right of way south 69
degrees 37 minutes 05 seconds east a distance of 115.80 feet to a point, thence
continuing along said right of way along a curve to the right, making a radius
of 25.00 feet, an arc distance of 17.51 feet to a point, said arc being
subtended by a chord having a chord bearing and distance of south 49 degrees 33
minutes 30 seconds east, 17.15 feet; thence continuing along said right of way
along a curve to the left, having a radius of 60.00 feet, an arc distance of
114.95 feet to an iron pin set and being the true point of beginning, said arc
being subtended by a chord having a chord bearing and distance of south 84
degrees 23 minutes, 05 seconds east 98.16 feet;
Thence from the true point of beginning continuing along the right of way of
Pavilion Place along a curve to the left, having a radius of 60.00 feet, an arc
distance of 63.33 feet to a 1/2" rebar found, said arc being subtended by a
chord having a chord bearing and distance of north 10 degrees 29 minutes 42
seconds east, 60.43 feet; thence leaving said right of way south 86 degrees 11
minutes 36 seconds east a distance of 141.74 feet to an iron pin set; thence
south 31 degrees 14 minutes 13 seconds west a distance 65.98 feet to an iron pin
set; thence south 58 degrees 45 minutes 47 seconds east a distance of 386.99
feet to an iron pin set; thence south 31 degrees 19 minutes 08 seconds west a
distance of 172.49 feet a 1 1/2" hollow top pipe found on the land lot line
common to Land Lots 183 and 202; thence along said land lot line south 59
degrees 38 minutes 47 seconds west a distance of 167.75 feet to an iron pin set;
thence leaving said land lot line and running north 55 degrees 59 minutes 13
seconds west a distance of 257.65 feet to a 1//3" rebar found thence north 34
degrees 00 minutes 47 seconds east a distance of 173.06 feet to a 1/2" rebar
found; thence north 11 degrees 20 minutes 22 seconds west a distance of 104.60
feet to a 1/2" rebar found; thence north 59 degrees 55 minutes 01 seconds west a
distance of 71.94 feet to a 1/2" rebar found; thence north 49 degrees 16 minutes
13 seconds west a distance of 19.94 feet to an iron pin set, and being the true
point of
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beginning. Said property being Xxx 0, Xxxxx "X", Xxxx 000 xx Xxxxxxxx Xxxxx and
containing 2.643 acres.
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