FOURTH AMENDMENT TO LEASE
THIS FOURTH AMENDMENT TO LEASE (this "Amendment") is made as of this 3RD day
of December, 1996 by and between KEYSTONE - OHIO PROPERTY HOLDING CORP., an
Ohio corporation (successor to MLH INCOME REALTY PARTNFRSHIP V) having an
address at c/o RREEF Management Company, 0000 Xxxxxxxx Xxxxx, Xxxxxxxx, Xxxx
00000 ("Landlord") and UNITED STATIONERS SUPPLY CO. (successor to Associated
Stationers, Inc.), an Illinois corporation having an address at 0000 Xxxx Xxxx
Xxxx, Xxx Xxxxxxx, Xxxxxxxx 00000 ("Tenant").
WITNESSETH:
WHEREAS, Westbelt Business Park Joint Venture, as predecessor-in-interest to
Landlord, and Boise Cascade Corporation, as predecessor-in-interest to Tenant,
entered into a Lease Agreement dated May 10, 1984, as amended by an Amendment to
Lease dated September, 1985, a Second Amendment to Lease dated as of March 19,
1986, a Renewal of Lease dated May 23, 1989 and a Third Amendment to Lease dated
as of August 11, 1994 (collectively, as amendcd, the "Lease") with respect to
certain premises consisting of approximately 126,665 square feet of space (the
"Leased Premises") in the building (the "Building") located at 0000 Xxxxxxxx
Xxxxx, Xxxxxxxx, Xxxx, as more particularly described in the Lease; and
WHEREAS, Landlord and Tenant desire to amend the Lease with respect to (i)
the addition to the Leased Premises of certain premises in the building located
at 0000 Xxxxxxxx Xxxxx (the "Expansion Building") consisting of approximately
45,000 rentable square feet of space as more particularly shown on Exhibit "A"
attached hereto and made a part hereof (the "Expansion Space") and (ii) as
otherwise provided in this Amendment.
NOW, THEREFORE, in consideration of the mutual covenants contained herein,
the receipt and sufficiency of which are hereby acknowledged, Landlord and
Tenant agree as follows:
1. NO CONFLICTS WITH LEASE. The provisions of this Amendment shall
supersede any inconsistent provisions contained in the Lease, whether such
inconsistent provisions are contained in the printed portion of the Lease or any
addendum, rider or exhibit annexed thereto. All capitalized items not otherwise
defined herein shall have the respective meanings ascribed to them iii the
Lease.
2. EXPANSION SPACE. Effective from and after January 2, 1997, the
Lease shall be amended so that (i) the Leased Premises shall be increased by the
Expansion Space, (ii) the term "leased premises" as used in the Lease shall be
stipulated to include the Expansion Space and (iii) Exhibit "A" of the Lease
shall be amended by adding Exhibit "A" annexed hereto and made a part hereof.
3. BASE RENT. Effective from and after January 2, 1997, Tenant shall
pay base rent on the Expansion Space (in addition to all other rent payable
pursuant to the Lease) as follows:
Annual Monthly
Period Base Rental Base Rental PSF
------ ----------- ----------- ---
1/2/97-8/31/97 $90,000.00 $7,500.00 $2.00
9/1/97-8/31/99 $128,250.00 $10,687.50 $2.85
4. OPERATING EXPENSES. As provided in Paragraph 3(e) of the Lease,
Tenant shall pay its pro rata share of all operating expense for the
Building; provided, however, that, in the ease of the Expansion Space,
Tenant's pro rata share and the operating expenses shall be determined with
reference to the Expansion Building, not the Building.
5. CONDITION OF THE LEASED PREMISES. Landlord agrees to provide the
following improvements to the Expansion Space prior to its delivery to Tenant.
a. Additional metal halide lighting to result in a lighting level
consistent with existing premises;
b. Separate service panel for Expansion Space;
c. Demising wall at south end of Expansion Space;
d. Two additional six-foot, manual levelers at location selected by
Tenant;
e. Dock shelters in good condition for all loading doors; and
f. HVAC, plumbing and electrical building systems in good working order
and condition.
Otherwise, Tenant acknowledges and agrees that it shall accepting possession of
the Expansion Space in its present "as-is" condition as suitable for Tenant's
intended use and occupancy thereof. Tenant's occupancy of the Expansion Space
shall be conclusive proof that same has been so accepted by Tenant, is in
satisfactory condition arid complies fully with Landlord's covenants and
obligations. Tenant acknowledges that Landlord shall have no obligation to
perform any tenant improvement work of any kind in connection with Tenant's
occupancy of the Expansion Space, except as specifically set forth herein, and
Tenant, at Tenant's sole cost and expense, shall perform all necessary or
desirable work in connection with preparing the Expansion Space for its
occupancy.
6. EXTENSION OPTION. The Extension Option stated in Paragraph 7 of the
Third Amendment shall apply to the Expansion Space as well and is hereby
reaffirmed in its entirety.
7. RIGHT OF FIRST REFUSAL. Paragraph 8 of the Third Amendment regarding a
right of first refusal is hereby deleted in its entirety.
8. EXCULPATION. Notwithstanding anything contained in the Lease to the
contrary, Tenant agrees that it shall look solely to the estate and property of
the Landlord in the land and building comprising the Building of which the
Leased Premises are a part for the collection of any judgment (or any other
Judicial process) requiring the payment of money by Landlord in the event of any
default or breach by Landlord with respect to any of the terms, covenants and
conditions of this Lease to be observed and performed by Landlord and no other
property or estates of Landlord or any of its trustees, board of directors,
officers, investment managers, beneficiaries, agents, employees, partners
(general or limited), affiliates, shareholders or joint venturers shall be
subject to levy, execution or other enforcement procedures for the satisfaction
of Tenant's remedies. In the event of any sale of the Building or a lease
thereof by Landlord, Landlord shall be entirely freed, relieved and released of
all covenants and obligations of Landlord hereunder.
9. NO AGREEMENT UNTIL EXECUTED. This Amendment shall not constitute an
agreement by Landlord and shall not be binding upon Landlord unless and until
this Amendment shall be executed by Landlord and Tenant, and shall be delivered
by Landlord to Tenant.
10. BINDING EFFECT. This Amendment shall not be changed orally, and shall
be binding upon and inure to the benefit of Landlord arid Tenant, their
respective heirs, successors and, as permitted their assigns. Tenant hereby
confirms that it has assumed the performance of all of the terms, covenants and
conditions of the Lease and agrees to perform all of the terms, covenants and
conditions of the Lease with the same effect as though Tenant had executed the
Lease as the tenant originally named therein.
11. INCORPORATION. Except as herein expressly amended or modified the
terms and
conditions of the Lease are hereby ratified and confirmed and shall
remain in full force and effect.
IN WITNESS WHEREOF, Landlord and Tenant have executed this Amendment as of
the date first written above.
LANDLORD:
KEYSTONE-OHIO PROPERTY HOLDING CORP.
an Ohio corporation
By: RREEF MANAGEMENT COMPANY,
a California corporation
WITNESS/ATTEST:
(Printed Name) By:
Title:
Date:
TENANT:
UNITED STATIONERS SUPPLY CO.
WITNESS:
By:
Name:
(Printed Name)
Title:
EXHIBIT "A"
EXPANSION SPACE
Exhibit A is intended only to show the general Iayout 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 he taken as approximate.
LEASED PREMISES APPROXIMATELY 45,000 Square Feet
