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EXHIBIT 10.21(c)
SECOND AMENDMENT TO AGREEMENT OF LEASE
This Second Amendment (the "Second Amendment") is made and entered into
on August 27, 1999, but is effective for all purposes as of September 15, 1999
(the "Effective Date"), by and between TCB #4 L.L.C., a Delaware limited
liability company, successor in interest to 34 Peachtree Associates, L.P.
("Peachtree"), ("Landlord"), and INTERLAND, INC., ("Tenant"), whose mailing
address is 00 Xxxxxxxxx Xxxxxx, XX, Xxxxx 0000, Xxxxxxx, Xxxxxxx 00000.
RECITALS:
WHEREAS, Landlord's predecessor, Peachtree, and Tenant entered into a
lease dated November 19, 1997 (the "Original Lease") for certain premises on the
fourteenth floor (the "Original Premises") in the building known as One Park
Tower located at 00 Xxxxxxxxx Xxxxxx, X.X., Xxxxxxx, Xxxxxxx ("Building") and
the Original Lease was amended by the First Amendment To Lease dated July 19,
1998 ("First Amendment"), to add to the Original Premises additional space on
the fourteenth floor of the Building (hereinafter collectively referred to as
the "Lease"); and
WHEREAS, Landlord and Tenant desire to amend the Lease as more fully
set forth below.
I. All terms, covenants and conditions contained in this Second
Amendment shall have the same meaning as in the Lease, and shall govern should a
conflict exist with previous terms and conditions.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing and the mutual
promises and covenants contained herein, and for other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged,
Landlord and Tenant agree as follows:
1. Recitals. The recitals set forth above are hereby incorporated herein
as if fully set forth.
2. Expansion of Premises. From September 15, 1999 through September 14,
2000 (the "Expansion Premises Term") the Premises shall be expanded to
include Xxxxx 000, Xxxxx 000 and Suite 780 of the Building (hereinafter
referred to as "New Suite 730") consisting of 3,701 rentable square
feet as identified on the floor plan attached to this Second Amendment
as Exhibit "A-1". New Suite 730 is marked on Exhibit "A-1" with
diagonal lines.
3. Rent for New Suite 730. paragraph 3.A.(a) of the Lease is amended by
the addition of the following provision: Tenant hereby agrees to pay to
Landlord rental of Four Thousand Six Hundred Twenty Six Dollars and
25/100 ($4,625.25) per month for New Suite 730 payable in advance on
the first day of each calendar month of the Expansion Premises Term,
provided however that rental for September 1999 shall be due and
payable in the
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amount of $2,312.63 (i.e. 50% of the aforesaid monthly rental as Tenant
will only occupy New Suite 730 for half of such month), and likewise
rental for September 2000 shall also be due and payable in the amount
of $2,312.63. Together with the execution of this Second Amendment,
Tenant has delivered the September 1999 and October 1999 rental to
Landlord in the amount of $6,937.88 and Landlord acknowledges receipt
of such rental.
4. Tenant's Proportionate Share. As of the Effective Date, Tenant's
Proportionate Share shall include an additional 1.31% for Suite 730.
5. After Hours HVAC. Landlord's current charge for after-hours HVAC
service is $90.00 per hour, which is subject to change at any time.
6. Tenant Improvement Allowance: "As Is". Landlord shall have no
obligation to perform any construction or make any additional
improvements or alterations, or to afford any allowance to Tenant for
improvements or alterations, in connection with this Second Amendment.
Tenant acknowledges and agrees that all construction obligations of
Landlord under the Lease have been performed in full and accepted, and
Tenant hereby accepts New Suite 730 in its "as is" condition. Landlord
will install a lock on the entrance door to Suite 730 and key the same
as Suite 780. Landlord at Tenant's cost will provide New Suite 730 with
150 amps of 480 volt power.
7. Incorporation. Except as modified herein, all other terms and
conditions of the Lease shall continue in full force and effect.
8. Brokers. Each of the parties represents and warrants to the other that
it has not dealt with any broker or finder in connection with this
Second Amendment, other than Habersham Management Group representing
the Landlord and Xxxx Xxxxxxxx & Associates representing the Tenant,
whose commission shall be paid by the Landlord. Each of the parties
agrees to indemnify, defend and protect the other from and against, any
and all costs, fees and other expenses resulting from a breach by the
party of their covenant under this section.
9. Limitation of Landlord Liability. Redress for any claims against
Landlord under this Lease shall only be made against Landlord to the
extent of Landlord's interest in the property to which the Premises are
a part. The obligations of Landlord under the Lease shall not be
personally binding on, nor shall any resort be had to the private
properties of, any of its trustees or board of directors and officers,
as the case may be, the general partners thereof or any beneficiaries,
stockholders, employees or agents of Landlord, or the investment
manager.
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IN WITNESS WHEREOF, Landlord and Tenant have executed this Second
Amendment to Agreement of Lease as of the day and year first written above.
LANDLORD: TENANT:
TCB #4 L.L.C., a Delaware limited
liability company INTERLAND, INC.
By: RREEF MANAGEMENT
COMPANY, a California corporation
By: /s/ Xxxx X. Xxxxxxxx
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Xxxx X. Xxxxxxxx
By: /s/ Xxx Xxxxxxxxxx
Title: Vice President -- District Manager --------------------------
------------------------------------- Xxx Xxxxxxxxxx
Date: Title: President
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Date: August 30, 1999
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EXHIBIT A-1
attached to and made a part of Lease bearing the
Lease Reference Date of _________________, 1999 between
TCB #4 L.L.C., a Delaware limited liability company, as Landlord
and Interland, Inc., as Tenant
PREMISES
Exhibit A is intended only to show the general layout of the Premises as of the
beginning of the Term of this Lease. It does not in any way supersede any of
Landlord's rights set forth in Section 17.2 with respect to arrangements and/or
locations of public parts of the Building and changes in such arrangements
and/or locations. It is not to be scaled; any measurements or distances shown
should be taken as approximate.
[GRAPHIC MATERIAL OMITTED]
