THIRD AMENDMENT TO THAT CERTAIN LEASE AGREEMENT
DATED MAY 25, 1995
THIS THIRD AMENDMENT ("Amendment") to that certain Lease Agreement dated
May 25, 1995 by and between Xxxxxx X. Xxxxxxxxxx and Xxxxx X. Xxxxxxxxxx,
husband and wife dba PARS Asset Management Company ("Landlord") and SBS
Technologies,Inc. ("Tenant") is dated 12/3/97, 1997 for references purposes
only.
WITNESSETH:
WHEREAS, PARS Asset Management Company and SBS Engineering, Inc. entered
into a Lease Agreement dated May 25, 1995 and modified by an Amendment to Lease
Agreement dated September 21, 1996, and a Second Amendment to Lease Agreement
dated March 26, 1997 (collectively referred to as "Agreement").
WHEREAS, AFC-5 LLC, a New Mexico limited liability company ("Landlord") is
the current owner of American Financial Center-5 ("Building") and has been
assigned all rights, title and interest in the Agreement;
WHEREAS, Tenant desires to lease additional space in the Building.
NOW, THEREFORE, for valuable consideration in the receipt and adequacy of
which are expressly acknowledged, Landlord and Tenant agree as follows:
1. Tenant shall lease the 4th floor of the Building ("4th Floor") which
consists of approximately 15,741 rentable square feet ("RSF").
2. The commencement term of the Amendment shall be January 1, 1998 and
shall terminate June 30, 2000.
3. Landlord shall provide to Tenant $3.00/RSF ($3 x 15,741 = $47,223)
allowance ("Allowance"). Tenant has submitted, and Landlord has
approved, a drawing showing the build out (see Exhibit "A"). Tenant,
at Tenant's sole cost and expense, has contracted with B.R. Xxxxxx
Construction to do the build out and with DuPont Flooring Systems for
the floor covering for the 4th Floor. Tenant has verified that no
special permits are required for the build out. The Allowance shall be
paid to Tenant upon occupancy of the 4th Floor. Tenant may use the
Allowance at Tenant's sole and absolute discretion.
Page 1 of 2
4. The rent schedule for the 4th Floor and Tenant's existing premises
(0xx Xxxxx) is as follows:
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PERIOD 0XX XXXXX 0XX XXXXX TOTAL MONTHLY
MONTHLY MONTHLY RENT
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1/1/98 - 12/31/98 $23,217.98 $21,447.11 $44,665.09
---------------------------------------------------------------
1/1/99 - 12/31/99 $23,873.85 $21,447.11 $45,320.96
---------------------------------------------------------------
1/1/00 - 6/30/00 $24,529.73 $21,447.11 $45,976.84
---------------------------------------------------------------
5. Tenant, at it's sole cost and expense, and subject to approvals from
appropriate governing authorities, may place a sign on the Building at
a location approved by Landlord. Landlord has approved the size and
quality of the signage (see Exhibit "B").
6. Tenant shall not pay any Project Operating Cost Pass Thrus for the
term of this Amendment for the 4th Floor. However, among other things,
the obligations of Tenant regarding Project Operating Cost Pass Thrus
for the 6th floor remain in full force and effect pursuant to the
Agreement.
7. Landlord is not responsible for payment of any commission in
connection with this Amendment.
8. Upon full execution of this Amendment, the Second Amendment to Lease
dated March 26, 1997 for the existing Expansion Space (Suite 300)
shall be terminated. Tenant shall have no further obligation under the
Second Amendment.
9. Except as set forth in this Amendment, all provisions of the Agreement
shall remain unchanged and in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Amendment on the 3rd day of
December, 1997.
TENANT LANDLORD
SBS TECHNOLOGIES, INC. AFC-5, LLC
By: /s/ X. X. Xxxxx By: /s/ Xxxxxx X. Xxxxxxxxxx
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Xxxxxx X. Xxxxxxxxxx
Its: V.P. Finance & Administration Its: Manager
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Page 2 of 2
RIDER NO. 1
TO THIRD AMENDMENT TO THAT CERTAIN LEASE
AGREEMENT DATED MAY 25, 1995
This Rider No. 1 is attached to and becomes a part of the Third Amendment
to that Certain Lease Agreement dated May 25, 1995 by and between AFC-5, LLC
("Landlord") and SBS Engineering, Inc. ("Tenant").
WHEREAS, Tenant assigned all of its rights, titles and interest to that
certain Lease dated May 25, 1995 ("Lease") to SBS Technologies, Inc. by an
Assignment, Assumption and Acknowledgment of Lease on June 30, 1995.
NOW, THEREFORE, in consideration of the material considerations and
covenants contained herein, the parties agree as follows:
1. By Assignment, SBS Technologies, Inc. holds all rights, titles, and
interest in the Lease and shall be obligated to all the terms and
conditions of the Lease, Amendment to Lease Agreement dated September
21, 1996, Second Amendment dated March 26, 1997, Third Amendment dated
December 3, 1997, and any subsequent amendments to the Lease.
2. Except as set forth in this Rider No. 1, all provisions of the Third
Amendment to that Certain Lease Agreement dated May 25, 1995 shall
remain unchanged and in full force and effect.
ACKNOWLEDGED AND AGREED:
TENANT: SBS TECHNOLOGIES, INC. LANDLORD: AFC-5, LLC
By: /s/ X. X. Xxxxx By: /s/ Xxxxxx X. Xxxxxxxxxx 12/10/97
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Name: X. X. Xxxxx Xxxxxx X. Xxxxxxxxxx
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Its: V.P. Finance & Administration Its: Manager
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