FIRST AMENDMENT TO LEASE AGREEMENT
This First Amendment to Lease Agreement for Granite Tower at The Centre Office
Building, made and entered into as of the __________ day of August, 1999, by
and between 520 Partners, Ltd. (successor in interest to Granite Tower, Ltd.),
as "Landlord", and Xxxxxxxx-Xxxxxxxx, Inc., as "Tenant".
W I T N E S S E T H:
WHEREAS, by Lease Agreement dated March 31, 1999 (the "Lease Agreement"),
Granite Tower, Ltd., as (the "Former Landlord") and Xxxxxxxx-Xxxxxxxx, Inc., as
"Tenant" executed and entered into that certain Lease Agreement covering
approximately 47,720 rentable square feet in an office building located at 0000
Xxxxxx Xxxx Xxxx, in Dallas, Texas, known as "Granite Tower at The Centre"
office building and except as otherwise defined herein. Terms defined in the
Lease Agreement, when used herein, shall have the same meanings as are ascribed
to them in the Lease Agreement; and
WHEREAS, the Former Landlord has heretofore assigned and transferred the Former
Landlord's interest in the Lease Agreement to Landlord; and
WHEREAS, the Landlord and Tenant desire that the Lease Agreement be modified and
amended as hereinafter set forth.
AGREEMENT
NOW, THEREFORE, for and in consideration of the mutual covenants and agreements
herein contained and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged and confessed by the respective
parties hereto, Landlord and Tenant do hereby agree as follows:
1. Modifications. Effective as of March 1, 2000, the Lease Agreement is
hereby amended as follows:
(a) The "Premises" in Section 1.01 (c) of Article I shall be
amended to 72,433 square feet of net rentable area to reflect
an expansion of the entire eighth floor consisting of 24,713
square feet of rentable area (the "Expansion Space") as
further described in Exhibit "A-1" "Floor Plan", which is
attached hereto and made a part hereof. Accordingly, from and
after March 1, 2000, the Premises shall include the Expansion
Space.
(b) Parking in Section 1.01 (d) of Article 1 shall be amended as
follows:
Surface Parking Garage Parking
56 Unreserved spaces @ $0.00 223 Unreserved spaces @ $0.00
-- ---- --- ----
per month each per month each
16 Reserved spaces @ $0.00
-- -----
per month each
Landlord agrees to substitute the thirty-one (31) surface parking
spaces with thirty-one (31) garage parking spaces on a month to
month basis. If, in Landlord's opinion, it becomes necessary,
Landlord may, with thirty (30) days prior written notice to Tenant,
take back the thirty-one substitute garage parking spaces and
replace with thirty-one (31) surface parking spaces.
(c) Tenant's Pro Rata Share in Section 1.01 (i) of Article 1 shall
be amended to 30.16%.
(d) The "Base Rent" in Section 1.01(j) of Article I shall be
amended as follows:
BASE BASE
RENTAL ANNUAL MONTHLY
PERIOD RENT RENT
------ ---- ----
March 1, 2000 - May 31, 2000 $ 869,196.00 $ 72,433.00
June 1, 2000 - May 31, 2004 $1,593,525.96 $132,793.83
June 1, 2004 - May 31, 2010 $1,665,959.04 $138,829.92
(e) Paragraph 2.1 of Exhibit "D" to the Lease Agreement is hereby
amended to (i) provide Tenant with an additional Finish
Allowance for Tenant Improvements to the Expansion Space,
which additional allowance shall be in the amount of $25.62
per rentable square foot based on 24,713 square feet of net
rentable area in the Expansion Space, and (ii) the last
sentence of Paragraph 2.1 of Exhibit "D" shall be deleted in
its entirety and be of no further force or effect.
Construction of the Expansion Space shall be in accordance
with the terms as contained in Exhibit "D".
(f) Landlord and Tenant hereby represents and certifies that all
obligations and conditions under the Lease have been performed
to date by Landlord or Tenant and have been satisfied free of
defenses and setoffs.
(g) All of the other terms and conditions of the Lease are hereby
ratified and confirmed to the extent not inconsistent with the
terms set forth in this First Amendment to Lease Agreement.
EXCEPT AS EXPRESSLY AMENDED BY THIS FIRST AMENDMENT ALL OTHER TERMS
AND CONDITIONS OF THE SAID LEASE TO REMAIN UNCHANGED AND IN FULL
FORCE AND EFFECT.
EXECUTED as of this day of , 19 .
------- --------------------- -------
LANDLORD: 520 Partners, Ltd. TENANT: Xxxxxxxx-Xxxxxxxx, Inc.
By: SF Realty, Inc.
Its: General Partner
By: By:
-------------------------- --------------------------
Name: Xxx Xxxxxxxxx Name:
Title: Director of Leasing ------------------------
Title:
----------------------
EXHIBIT "A-1"
