Exhibit 10.3.4
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FOURTH AMENDMENT
TO
EAGLE MOUNTAIN LEASE
BETWEEN
MANAGEMENT & TRAINING CORPORATION
AND
KAISER VENTURES INC.
EFFECTIVE: FEBRUARY 1, ▇▇▇▇
▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ TO LEASE
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THIS AMENDMENT is made effective as of February 1, 1999, by and between
KAISER VENTURES INC. (Landlord) and MANAGEMENT AND TRAINING COPORATION (Tenant)
to that certain Eagle Mountain Lease between Landlord and Tenant dated November
16, 1987 as modified by the FIRST AMENDMENT to Eagle Mountain Lease between
Landlord and Tenant dated effective July 1, 1990, as further modified by the
SECOND AMENDMENT to Eagle Mountain Lease between Landlord and Tenant dated
effective November 10, 1992 and as further modified by the THIRD AMENDMENT to
Eagle Mountain Lease between Landlord and Tenant effective November 16, 1997
(collectively, this "Lease").
It is expressly covenanted and agreed by and between Landlord and Tenant as
follows:
Article III Term
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3.01 This section is amended to extend this Lease for twenty-nine (29)
months. This Lease will, therefore, continue through June 30, 2001.
Accordingly, Section 3.01 is hereby amended to read in its entirety
as follows:
"Unless sooner terminated as provided in this Lease, the term of this
Lease shall end at midnight, June 30, 2001."
Article IV Rent
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4.01 This section is amended to increase the monthly lease payment by
three percent (3%) effective with the February 1, 1999, lease
payment. The new lease amount is therefore Sixty-four Thousand, Nine
Hundred and Eighty Dollars ($64,980). In addition, the monthly lease
offset of One Thousand Two Hundred Dollars ($1,200.00) is increased
to One Thousand Four Hundred ($1,400.00) thereby reducing the lease
payment to $63,580.00. Accordingly, Section 4.01.a is hereby amended
to read in its entirety as follows:
"Tenant will pay rent in lawful money of the United States of
America, in the amount of Sixty-four Thousand, Nine
2
Hundred Eighty Dollars ($64,980) per month, in advance on the first
day of each month, commencing February 1, 1999, and continuing
through the last day of June 30, 2001. Each monthly rental shall be
offset by the amount of One Thousand Four Hundred Dollars ($1,400),
in order to help defray Tenant's cost of property and casualty
insurance and of facility maintenance and repair which were not
anticipated when the monthly rental was negotiated."
Article XXIV Notices
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24.01 This article is amended to change the Landlord's name and address as
follows:
Landlord: Kaiser Ventures Inc.
▇▇▇▇ ▇. ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇ ▇▇▇
▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇
Attn: Executive Vice President
COPY TO: ▇▇▇▇▇▇ Eagle Mountain, Inc.
P. O. ▇▇▇ ▇▇
▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇
Attn: Director of Operations
Article XXVI Miscellaneous
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26.01 This section is hereby amended by adding the following
language:
a. In addition, a late payment fee equal to five percent (5%) of
the monthly lease amount shall be assessed to any lease payment
not received by Landlord on or before the 10th day of the month
for which the lease payment is due.
Confirmation Of All Other Lease Provisions
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3
Except as expressly provided herein, all other provisions of this Lease as
amended to date, remain in full force and effect and are unchanged by this
Amendment.
IN WITNESS WHEREOF, the parties have executed this FOURTH AMENDMENT TO THE
LEASE to be effective as of the day and year first above written notwithstanding
the actual date of signature.
MANAGEMENT AND TRAINING CORP. KAISER VENTURES INC.
By: /s/ ▇▇▇ ▇▇▇▇▇▇▇ By: /s/ ▇▇▇▇▇ ▇. ▇▇▇▇
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Title: Vice President Corrections Title: Sr. Vice President/General Counsel
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