Exhibit 10.9
AMENDMENT #1
Amendment dated as of October 15, 2002 by and between the parties to the
lease agreement dated April 30, 1999 covering the premises at 0000 Xxxxxxxx
Xxxxxxx, Xxxxxx Xxxxxx, Xxx Xxxx.
Whereas Egret Realty Corp. is the landlord of the subject premises and a
signatory to the lease and K Sea Transportation is the tenant and successor in
interest to Xxxxx Marine Corp. the signatory to the lease, and
Whereas the parties (Egret and K Sea) wish to clarify and resolve open
matters concerning the use and occupancy of the premises including open and
outstanding NYC DEP water bills ($162,607.53) and the DEC consent order (DEC
file number RZ-19990628-25) concerning sand blast grit on the premises;
Now, therefore, the parties agree as follows:
1. Tenant shall provide funds in the amount of $45,000.00 to cover NYS
DEC Consent Order (DEC File No. R2-19990628-25) and the landlord
shall issue a credit of $45,000 toward the tenant's outstanding DEP
water xxxx.
2. Landlord shall undertake remediation required by the NYS DEC Consent
Order (DEC File No. R2-1999-0628-25) at its own cost and expense.
3. Tenant shall immediately contract its own cost and expense repairs
specified in the field survey report dated 25 January 2002 in order
to comply with underwriters recommendations and thereby enable the
insurance coverage to be maintained for the premises.
4. Landlord shall issue to the tenant a credit in the amount of
$117,607.53 for the outstanding NYC DEP water bills as landlord's
contribution to the cost of contracted repairs and in addition
landlord shall provide labor and materials to affect repairs to the
concrete decking on piers 6 and 7 and between the piers on the north
side of the office building.
5. Any reference to cost sharing found in paragraph 34 of Rider to the
lease shall be eliminated by this amendment, with respect to the
piers, wharves, pilings and bulkheads at the premises. The cost
sharing aspect of paragraph 34 shall refer exclusively to the office
building and shall remain in full force and effect together with all
other provisions contained in the lease and rider.
Egret Realty Corp. K-Sea Transportation Corp.
By: /s/ Xxxxxxx Xxxxx By: /s/ Xxxxxxx X. Xxxxxxxxxx
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State of New York )
SS.:
County of Richmond )
On the 14th day of November, in the year 2002, before me, the
undersigned, a Notary Public in and for said State, personally appeared Xxxxxxx
Xxxxxxxxxx, personally known to me or proved to me on the basis of satisfactory
evidence to be the person whose name is subscribed to the within instrument and
acknowledged to me that he executed the same in his capacity, and that by his
signature on the instrument, the person, or the entity upon behalf of which the
person acted, executed the instrument.
/s/ Xxxxxxxx Xxxxxxx
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Notary Public
State of New York )
SS.: [NOTARY SEAL]
County of New York )
On the 19th day of November, in the year 2002, before me, the
undersigned, a Notary Public in and for said State, personally appeared Xxxxxxx
Xxxxx, personally known to me or proved to me on the basis of satisfactory
evidence to be the person whose name is subscribed to the within instrument and
acknowledged to me that he executed the same in his capacity, and that by his
signature on the instrument, the person, or the entity upon behalf of which the
person acted, executed the instrument.
/s/ Xxxxxxx X. Xxxxxxx
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Notary Public
[NOTARY SEAL]
