EXHIBIT 10.13.2
THIRD MODIFICATION OF LEASE AGREEMENT
This Third Modification of Lease Agreement ("Agreement"), made
this 8 day of May, 2002, by and between METROPLEX ASSOCIATES, a New Jersey
partnership, having an address c/o of Atlantic Realty Development Corp., 00
Xxxxxxxxxx Xxxxxx Xxxxx, Xxxxxxxxxx, Xxx Xxxxxx 00000 (the "Landlord"), and
HANOVER CAPITAL MORTGAGE CORP., a Missouri corporation, having an address at
Metroplex Corporate Center I, 000 Xxxxxxxxx Xxxxx, Xxxxxx, Xxx Xxxxxx 00000 (the
"Tenant").
W I T N E S S E T H:
WHEREAS, by lease dated March 9, 1994 (the "Original Lease"),
Landlord leased to Tenant and Tenant hired from Landlord certain premises (the
"Original Space") having a gross rentable area of approximately 5,834 square
feet constituting a portion of the third floor of the building (the "Building")
known as Metroplex Corporate Center I, 000 Xxxxxxxxx Xxxxx, Xxxxxx, Xxx Xxxxxx
00000; and
WHEREAS, by document entitled "First Modification and
Extension of Lease%, Agreement", dated February 28, 1997 (the "First
Modification"), the term of the Lease was extended until 6:00 p.m. on June 30,
2002; and
WHEREAS, by document entitled "Second Modification and
Extension of Lease Agreement", dated April 22, 2002 (the "Second Modification"),
the term of the Lease was extended until 6:00 p.m. on April 30, 2005; and
WHEREAS, the Lease, the First Modification and the Second
Modification are herein collectively referred to as the "Lease"; and
WHEREAS, Landlord and Tenant desire to further modify the
Lease as hereinafter provided;
NOW, THEREFORE, for and in consideration of the above
premises, the mutual covenants hereinafter contained, and other good and
valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, Landlord and Tenant hereby agree as follows:
1. Premises. Commencing on May 3, 2002, (the "Additional
Space Commencement Date"), the definition and description of the Premises in the
Lease shall be modified and amended to include certain additional premises
having a gross rentable area of approximately 777 square feet located on the
third floor of the Building (the "Additional Space"), which Additional Space is
more particularly described on Exhibit A annexed hereof. As a result of the
foregoing, the definition and description of the Premises in the Lease shall, as
of the Additional Space Commencement Date, refer to the Original Space described
in the Original Lease together with the Additional Space described herein, and
shall have a gross rentable area of approximately 6,611 square feet.
2. Term. (a) The term for the Additional Space shall
commence on the Additional Space Commencement Date and shall be co-terminus with
the term of the Lease for the Original Space (ie., expiring at 6:00 p.m. on
April 30, 2005), subject to any renewal thereof.
(b) Landlord may not be able to deliver possession of the
Additional Space to Tenant on the date specified hereinabove as the Additional
Space Commencement Date by reason of Landlord's inability to obtain actual
possession of the Additional Space from any existing tenant, by reason of
Landlord's failure to substantially complete Landlord's Additional Space Work
(as hereinafter defined), or for any other reason. Landlord shall not be liable
to Tenant if Landlord does not deliver possession of the Additional Space to
Tenant on the date specified hereinabove as the Additional Space Commencement
Date. In such event, the Additional Space Commencement Date shall be delayed
until possession of the Additional Space is delivered to
Tenant but the term for the Additional Space shall not be extended and shall
remain co-terminus with the term of the Lease for the Original Space.
3. Fixed Rent. (a) Commencing on the Additional Space
Commencement Date and ending on April 30, 2005, Tenant shall pay to Landlord
annual Fixed Rent for the Additional Space in an amount equal to the product of
the gross rentable area of the Additional Space multiplied by $17.25 per square
foot (ie. 777 square feet x $17.25 = $13,403.25 per annum/$l,116.94 per month).
Fixed Rent for the Additional Space for the month of May, 2002 shall be
prorated. In addition to the Fixed Rent payable for the Additional Space, as
hereinabove set forth, Tenant shall continue to pay to Landlord annual Fixed
Rent for the Original Space at the rates set forth in the First Modification and
the Second Modification.
(b) Fixed Rent shall be payable in equal monthly
installments, as aforesaid, in advance on the first day of each and every
calendar month of the term of the Lease in lawful money of the United States of
America in the office of Landlord or at such other place as may hereafter be
designated by Landlord. Fixed Rent shall be paid to Landlord without notice or
demand and without deduction, setoff or other charge therefrom or against the
same.
4. Proportionate Share. The Lease is amended to provide
that effective as of the Additional Space Commencement Date, Tenant's
Proportionate Share, as defined in Article 3 of the Original Lease, shall be
changed from 4.64% to 5.25%.
5. Insurance. The Lease is supplemented to provide that
Tenant shall, at its cost and expense, procure all policies of insurance for the
purpose of insuring the Additional Space in accordance with the terms set forth
in Article 4 of the Original Lease. Policies of such insurance, or certificates
thereof, together with reasonable evidence of premium payment therefor, shall be
delivered to Landlord upon execution of this Agreement.
6. Additional Rent. All provisions for the payment of
additional rent set forth in the Lease, including, without limitation, all
provisions pertaining to the payment of "Operating Costs" and "taxes" (as said
terms are defined in Article 18 of the Lease) shall continue to apply without
modification, except as may be set forth herein.
7. Electric Charges. The Lease is supplemented to
provide that from and after the Additional Space Commencement Date, in addition
to Tenant's obligation to pay all charges for electricity, light, heat or other
utility used by Tenant at the Original Space, Tenant shall also pay, as
additional rent, all charges for electricity, light, heat or other utility used
by Tenant at the Additional Space. If electric energy consumed in the Additional
Space is not separately metered, either by the utility company or by Landlord,
and billed to Tenant, Tenant shall pay Landlord for such electric energy the sum
of $971.25 per annum (ie , $1.25 per square foot of gross rentable area of the
Additional Space) in equal monthly installments of $80.94 each on the first day
of each month during the term of the Lease commencing on the Additional Space
Commencement Date. Such sum of $971.25 shall be subject to increase in
accordance with increases in electric charges payable by Landlord. In addition,
either Landlord or Tenant may, at any time, at its sole cost and expense, engage
an electrical consultant, approved by Landlord, to make a survey of the electric
energy demand in the Additional Space and to determine the average monthly
electric consumption in the Additional Space. The findings of said consultant as
to the average monthly electric consumption of Tenant shall be deemed conclusive
and binding upon the parties. From and after said consultant has submitted its
report, Tenant shall pay to Landlord, as additional rent, on the first day of
each month during the balance of the term of the Lease (or until another such
survey is performed or a separate electric meter is installed for the Additional
Space), in advance, the amount set forth in the survey as the monthly electric
consumption.
8. Brokerage Commission. Tenant warrants and represents
that it has not dealt or negotiated with any real estate broker or salesman in
connection with this Agreement other than Newmark JGT of New Jersey, LLC (the
"Broker") or representatives thereof. Tenant shall and hereby does indemnify and
hold Landlord harmless from and against any real estate commissions, fees,
charges or the like, or claims therefor, including any and all costs incurred in
connection
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therewith, arising out of the within transaction payable to any party other than
the Broker except to the extent any such claim or commission is based solely
upon Landlord's acts. Landlord shall pay any commission due to the Broker
pursuant to a separate agreement.
9. Landlord's Additional Space Work. Landlord shall, at
its cost and expense, perform the following work at the Additional Space
("Landlord's Additional Space Work"): (i) paint the interior of the Additional
Space using Building standard paint, (ii) remove the existing carpet and install
new carpet at the Additional Space using Building standard materials, and (iii)
replace one (1) missing window blind at the Additional Space. It is expressly
understood and agreed to by and between the parties hereto that, except for
Landlord's Additional Space Work, Tenant shall accept possession of the
Additional Premises in its present condition "as is", and Landlord shall not be
obligated to perform any additional work of any type or nature whatsoever in
connection with this Agreement. Tenant shall, at its cost and expense, obtain
any governmental permits and approvals which may be required for its use or
occupancy of the Additional Space.
10. Right of First Notification. Tenant's Right of First
Notification, set forth in the First Modification and the Second Modification,
shall not apply to the Additional Space.
11 Defined Terms. The terms used in this Agreement and
not defined herein shall have the respective meanings indicated in the Lease,
unless the context requires otherwise.
12. No Other Changes. The intent of this Agreement is
only to modify and amend those provisions of the Lease as herein specified.
Except as herein specifically modified, changed and amended, all of the terms
and conditions of the Lease shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have duly executed this
Third Modification and Extension of Lease as of the day and year first above
written.
WITNESS: METROPLEX ASSOCIATES
(Landlord)
/s/ [ILLEGIBLE] By: /s/ Xxxxx Xxxxxxx, Partner
------------------------- ----------------------------
Xxxxx Xxxxxxx, Partner
ATTEST: HANOVER CAPITAL MORTGAGE CORP.
(Tenant)
By:________________________________ By: /s/ [ILLEGIBLE]
----------------------------
[ILLEGIBLE]
Name:______________________________
Title:_____________________________
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EXHIBIT A
ADDITIONAL SPACE
[FLOOR MAP]
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