Exhibit 10.21
FIRST AMENDMENT TO OFFICE LEASE AGREEMENT
THIS FIRST AMENDMENT TO OFFICE LEASE AGREEMENT (this "First Amendment") is
made and entered into effective as of January 8, 2001, by and between TR Lookout
Partners, Ltd. ("Landlord") and telecom technologies, inc. ("Tenant").
RECITALS
WHEREAS, Landlord and Tenant entered into that certain Office Lease
Agreement dated as of November 14, 2000 (the "Lease"), with respect to certain
Premises defined therein and commonly known as Suite 3000, 1301 E. Lookout
Drive, Richardson, Texas, which Lease is incorporated herein by reference; and
WHEREAS, Landlord and Tenant desire to amend the Lease to increase the
size of the premises, the rental and the tenant improvement allowance.
NOW, THEREFORE, in consideration of the mutual agreements herein set forth
and set forth in the Lease, and other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, Landlord and Tenant
have agreed, and do hereby agree, as follows:
1. All terms used herein and not specifically defined shall have the
same meaning herein as is ascribed to them in the Lease.
2. Notwithstanding anything contained to the contrary in the first
paragraph of "RIDER NO. 201" and in EXHIBIT "C-201" to the Lease,
the Premises are hereby increased to 119,966 square feet of rentable
area by adding the 10,000 square feet of rentable area on the second
floor (the Expansion Space) to the First Portion, which increases
the First Portion from 91,684 square feet of rentable area to
101,684 square feet of rentable area. This revised First Portion is
described on Exhibit "A" to this First Amendment, which is attached
hereto and incorporated herein for all purposes.
3. Basic rental under the Lease, as set forth in Paragraph 1(e), is
increased from $14,902,174.00 to $16,896,818.00. ($574,644.00 is
attributable to the Basement Area which is 6,841 square feet of
rentable area).
4. The monthly rental installment as set forth in Paragraph 1(f) of the
Lease is increased as set forth below:
Time Period Rentable Area Monthly Rental Annual Rental Rate
(except for Basement Installment Per Square Foot
Area) (except for
Basement Area)
Monthly from
Sept. 1, 2001 through
August 31, 2003 101,684 $172,077.50 $19.50
(not $148,986.50)
($6,841.00 is attributable
to Basement Area)
Monthly from
Sept. 1, 2003 through
August 31, 2006 119,966 $201,785.75 $19.50
(not $178,694.75)
($6,841.00 is attributable
to Basement Area)
Monthly from
Sept. 1, 2006 through
August 31, 2008 119,966 $229,277.96 $22.25
(not $203,876.96)
($6,841.00 is attributable
to Basement Area)
5. Notwithstanding anything contained to the contrary in Exhibit
"C-201" to the Lease, Landlord and Tenant agree the Expansion Space
is now part of the First Portion of the Premises, and, as such, is
subject to the provisions of Exhibit "C" to the Lease, the WORK
LETTER AGREEMENT, specifically including Section 7.
First Amendment to Office Lease Agreement
Page 2 of 2
6. The additional tenant improvement allowance contained in Section 8
of Exhibit "C" with respect to the First Portion shall be increased
as follows:
September 1, 2001, First Portion From: $522,754.00 To: $586,654.00
7. Paragraph 1 of RIDER NO. 201 to the Lease, OPTION TO EXPAND, is
hereby deleted in its entirety and is of no further force or
effect.
8. The Right of First Refusal Space (the Growth Area) identified in
RIDER NO. 301 to the Lease, RIGHT OF FIRST REFUSAL, is hereby
decreased from 38,285 square feet of rentable area to 28,285 square
feet of rentable area.
9. Except as herein provided to the contrary, Tenant's lease of the
Expansion Space from Landlord pursuant hereto shall be on the same
terms and conditions as those specified in the Lease.
10. The Lease (as amended by this First Amendment) remains in full force
and effect and is hereby ratified and affirmed.
11. Exhibit "A" to this First Amendment replaces and supercedes Exhibit
"A" to the Lease.
12. Prepaid Rent is hereby increased from $148,986.50 to $165,236.50.
Tenant has previously paid Prepaid Rent equal to $148,986.50 to
Landlord. Additional Prepaid Rent of $16,250.00 shall be payable by
Tenant to Landlord contemporaneously with the execution hereof.
13. The submission of this First Amendment to Tenant shall not be
construed as an offer, nor shall Tenant have any rights with respect
hereto, unless and until Landlord shall execute a copy of this First
Amendment and deliver the same to Tenant.
IN WITNESS WHEREOF, this First Amendment is hereby executed effective as
of the day and year first set forth above.
LANDLORD:
TR Lookout Partners, Ltd.
a Texas limited partnership
By: Xxxxxxxx Realty Investment Corporation,
a Texas Corporation
By: /s/ W.T. Field
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W.T. Field, President
TENANT:
telecom technologies, inc.
By: /s/ Xxxxxxxx Xxxxxx
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Xxxxxxxx Xxxxxx
