Exhibit 10.21(b)
FIRST AMENDMENT TO LEASE
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THIS FIRST AMENDMENT TO LEASE is made and entered into as of the 24th day
of July, 2000, by and between TEACHERS INSURANCE AND ANNUITY ASSOCIATION OF
AMERICA ("Landlord") and M&I DATA SERVICES, a Division of Xxxxxxxx & Xxxxxx
Corporation ("Tenant").
WITNESSETH:
WHEREAS, Landlord and Tenant entered into a lease (the "Original Lease")
dated February 4, 2000, under the terms of which Tenant leased floors 11 and 12
(the "Original Space") located in Two Park Plaza, 00000 Xxxx Xxxx Xxxxx,
Xxxxxxxxx, Xxxxxxxxx (the "Building"); and
WHEREAS, Tenant and Landlord desire to amend the Original Lease;
NOW, THEREFORE, is consideration of the terms, covenants and conditions
contained herein and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, Landlord and Tenant hereby agree
to amend the Original Lease as follows:
(a) Definitions. Terms used herein and not otherwise defined herein shall
have the same meaning as provided in the Original Lease. The Original Lease, as
amended by this First Amendment to Lease, shall herein be collectively referred
to as the "Lease."
(b) Expansion Space. Commencing on August 1, 2000 (the "Expansion
Commencement Date"), Tenant hereby leases from Landlord and Landlord hereby
leases to Tenant approximately 11,264 rentable square feet on floor 1 and
approximately 8,368 rentable square feet on floor 2 (for a total of
approximately 19,632 rentable square feet of space) located in the Building (the
"Expansion Space"), as shown on Exhibit A. Commencing on the Expansion
Commencement Date, the Expansion Space shall be added to the Premises and shall
become a part of the Premises for all purposes of the Lease, and any reference
in the Lease to the term "Premises" shall be deemed to refer to and include the
Expansion Space. Tenant Improvements are defined in Exhibit B of this Amendment.
3. Term. The term for the Expansion Space shall commence on the
Expansion Commencement Date and shall expire at 11:59 p.m. on August 31, 2004.
4. Base Rent. Commencing on the Expansion Commencement Date, Base Rent
due and payable under the Lease for the Expansion Space shall be in the amounts
set forth on Exhibit C attached hereto and incorporated herein by reference.
5. Tenant's Proportionate Share. Commencing on the Expansion
Commencement Date, the term "Tenant's Proportionate Share" shall be changed from
16.4858% to 26.4210%. Commencing on the Expansion Commencement Date for all
purposes under the Lease, the Rentable Area of the Premises shall be changed
from approximately 32,576 square feet (floors 11 and 12) to approximately 52,208
square feet (floors 1, 2, 11, and 12).
6. Tenant Improvements. Landlord agrees to make Tenant improvements to
the Expansion Space in accordance with the terms and conditions of the Tenant
Improvement Work Agreement attached as Exhibit B.
7. Generator Use. Tenant shall have the right to use a maximum of sixty
(60) amps of power provided by the electric generator located in the Building
(the "Generator") under the following terms and conditions:
(a) Tenant, at its sole expense, shall install an additional fuel
tank to allow for additional fuel capacity for the Generator.
All installation work shall be performed by Tenant, subject to
the approval and supervision of Landlord.
(b) Tenant shall pay all costs associated with hooking up Tenant's
machinery and equipment to the Generator.
(c) Landlord shall perform all ordinary and customary maintenance
and testing on the Generator.
(d) Tenant shall pay eighteen and one-half percent (18.5%) of all
fuel and maintenance costs, which costs shall be paid to
Landlord on a monthly basis not later than ten (10) days after
receipt of monthly statements provided by Landlord.
(e) Upon the completion of Tenant's connection to the Generator,
Tenant shall pay Four Hundred and 00/100 Dollars ($400.00) per
month, for each month throughout the Term of the Lease, for the
right to hook up to the Generator, as set forth on Exhibit C
("Generator Rent"). The Generator Rent for any partial month
shall be prorated and paid accordingly.
(f) Landlord makes no representations or warranties as to whether
the Generator will function in the event of a power failure.
Tenant hereby waives any claim against Landlord for damages
resulting from or related to any malfunction each of capacity,
failure of performance or defect or deficiency of the
Generator.
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(g) Tenant shall have the right to use the Generator as long as
Tenant continues to lease space in the Building.
8. Parking. Paragraph 29 of the Original Lease is amended and restated to
read in full as follows as of the Expansion Commencement Date:
Tenant shall be permitted to use one hundred eighty-eight (188)
undesignated vehicular parking spaces in the parking lot associated with the
Building of which eighty-three (83) shall be located in the covered lot and up
to an additional one hundred five (105) spaces to be striped on the access drive
to the Building, during the initial term or any extended term as provided
herein, at no additional charge.
9. Broker. Tenant represents and warrants to Landlord that it has not
engaged any broker, finder or other person entitled to any commission or fee in
respect of the negotiation, execution or delivery of this Amendment, and the
only broker with which Tenant has dealt is Landlord's broker, Inland Companies,
Inc. Tenant hereby agrees to indemnify and hold harmless Landlord against any
loss, cost, liability or expense incurred by Landlord as a result of any claim
asserted by any such broker, finder or other person on the basis of any
arrangements or agreements made or alleged to have been made by or on behalf of
Tenant.
10. Other Terms and Conditions. Except as specifically modified or amended
herein, all other terms and conditions of the Original Lease, as amended by the
First Amendment to Lease, shall remain in full force and effect.
11. Conflict. In the event of a conflict between the terms and conditions
of the Original Lease and the terms and conditions of this Amendment, the terms
and conditions of this Amendment shall control.
12. Binding Effect. This Amendment shall bind the parties hereto and their
respective successors and assigns.
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IN WITNESS WHEREOF, the parties have executed this Amendment as of the date
and year first above written.
LANDLORD:
TEACHERS INSURANCE AND ANNUITY
ASSOCIATION OF AMERICA
By: /s/ Xxxxxx Xxxxxxx
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Print Name: XXXXXX XXXXXXX
Title: ASSOCIATE DIRECTOR
TENANT:
M&I DATA SERVICES, a Division of Xxxxxxxx
& Ilsley Corporation
By: /s/ Xxxxx X. Xxxxxxx
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Print Name: XXXXX X. XXXXXXX
Title: CFO
By: /s/ Xxxxxx X. Xxxxx
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Print Name: XXXXXX X. XXXXX
Title: VICE PRESIDENT
EXHIBITS
Exhibit A Expansion Space
Exhibit B Tenant Improvements
Exhibit C Rental Rates
The above exhibits to this document have been omitted. The exhibits will be
furnished supplementally to the Securities and Exchange Commission upon request.
