SECOND AMENDMENT TO LEASE AGREEMENT
THIS SECOND AMENDMENT TO LEASE AGREEMENT (hereinafter
referred to as the "Second Amendment") is made as of the ______
day of September 1998, by and between WEEKS REALTY, L.P.
(hereinafter referred to as "Landlord") and RADIANT SYSTEMS, INC.
(hereinafter referred to as "Tenant").
WITNESSETH:
WHEREAS, Landlord and Tenant entered into that certain Lease
Agreement dated October 7, 1997, as amended by that certain First
Amendment to Lease dated April 3, 1998, (hereinafter
collectively referred to as the "Agreement"), for the lease of
land and an office building containing approximately 106,631
rentable square feet (and 102,043 usable square feet) of office
and warehouse space in Brookside Office Park, Xxxxxx County,
Georgia;
WHEREAS, pursuant to Paragraph 3.03 of the Agreement,
Landlord provided Tenant with an Allowance in the amount of
$2,244,946.00 for the installation and construction of tenant
improvements to the Leased Premises, and Tenant expended
$510,215.00 in excess of the Allowance;
WHEREAS, pursuant to Paragraph 4.02 of the Agreement,
Landlord agreed to pay damages to Tenant in the event there was a
delay in the delivery of the Leased Premises; and
WHEREAS, Landlord and Tenant desire to enter into this
Second Amendment in order to set forth their agreement regarding
the payment of such costs and to amend the rental rate
accordingly under the Agreement and to provide for the resolution
of any claim for the payment of damages to Tenant for delay in
delivery ;
NOW, THEREFORE, for and in consideration of Ten Dollars
($10.00) paid by Landlord and Tenant to one another, and for
other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged by Landlord and
Tenant, Landlord and Tenant amend the Agreement as follows:
1. Paragraph 3.01 of the Agreement is hereby amended to
provide for the amortization of the overage cost of the
Allowance. The base rental shall be as follows:
Years 1-5 $141,168.60/month $1,694,023.20/year
Years 6-10 $157,266.51/month $1,887,198.10/year
in accordance with the Rental Rate Adjustment schedule
attached hereto as Exhibit A and incorporated herein by this
reference, which payments shall be due and payable together with
any other additional rental due under the Agreement, all as set
forth in the Agreement.
2. In the event the net sum total cost of the tenant
improvements to the Leased Premises exceeds the total Allowance,
as herein adjusted, the excess shall be paid by Tenant within
thirty (30) days of Tenant's receipt of Landlord's notice.
3. Pursuant to the provisions of Paragraph 4.02 of the
Agreement, Landlord hereby pays to Tenant an amount equal to
$180,000.00 which amount represents full and complete payment of
any amounts owed to Tenant under Paragraph 4.02 of the Agreement.
Tenant hereby agrees that such amount is in full satisfaction of
any amount claimed to be due Tenant under Paragraph 4.02 of the
Agreement and hereby waives and releases any and all claims or
any rights for additional damages it has or may have against the
Landlord due to any delay in the delivery of the Leased Premises.
4. Except as expressly modified by this Second Amendment,
all provisions, terms and conditions of the Agreement shall
remain in full force and effect.
5. In the event a provision of this Second Amendment
conflicts with a provision of the Agreement, the Second Amendment
shall supersede and control.
6. All capitalized terms and phrases used herein shall have
the same meaning as assigned to them in the Agreement.
7. This Second Amendment shall not be of any legal effect
or consequence unless signed by Landlord and Tenant, and once
signed by Landlord and Tenant it shall be binding upon and inure
to the benefit of Landlord, Tenant, and their respective legal
representatives, successors and assigns.
8. This Second Amendment has been executed and shall be
construed under the laws of the State of Georgia.
IN WITNESS WHEREOF, the undersigned have caused this Second
Amendment to be executed under seal and delivered as of the day
and year first above written.
LANDLORD:
Signed, sealed, and delivered in WEEKS REALTY, L.P., a Georgia
the presence of: limited partnership
/s/ Xxx Loewert By: Weeks GP Holdings, Inc.,
Unofficial Witness a Georgia corporation,
its sole general partner
/s/ Xxxxx X. Xxxxxxxx
Notary Public
By:/s/ Xxxxxxx X. Xxxxxxxx
Name: Xxxxxxx X. Xxxxxxxx
My Commission Expires: Title: President/C.O.O.
March 26, 2000
[NOTARIAL SEAL] [CORPORATE SEAL]
TENANT:
Signed, sealed, and delivered in RADIANT SYSTEMS, INC., a Georgia
the presence of: corporation
___________________________
Unofficial Witness By: /s/ Xxxx X. Xxxxxx
Name: Xxxx X. Xxxxxx
/s/ Xxxxx Xxxxxxxxx Title: CFO
Notary Public
My Commission Expires: Attest: /s/ Xxxx Xxxxx
January 15, 2002 Name:
Title:
[NOTARIAL SEAL] [CORPORATE SEAL]
EXHIBIT A
Radiant Systems at Brookside
Rental Rate Adjustment
00-Xxx-00
Xxxxxxxx Xxxxxxxx Xxxxxx Feet (RSF) 106,631
Building Useable Square Feet (USF) 102,043
Cost Annual Rent Monthly Rent
----------- ------------- ------------
Additional Tenant Improvements
($5.00 per USF amortized at 10.5%) 510,215.00 82,615.03 6,884.59
Base Building Revisions
($0.0014 per RSF for each $1,000 of additional cost)
Modify base building structure for file storage 1,160.00 173.17 14.43
Increase elevators doors to 8'-0" 2,544.00 379.78 31.65
Maple doors at corridors 7,142.00 1,066.18 88.85
---------- ------------ ----------
10,846.00 1,619.13 134.93
Total Rent Adjustments 84,234.16 7,019.51
Current Rate (Yrs 1-5) 1,609,789.00 134,149.08
Adjusted Rent (Yrs 1-5) 1,609,023.16 141,168.60
