RIDER N0. 1
THIS RIDER NO. 1 ("Rider No. 1") is dated for the reference
purposes as of June 21, 2001 and is made by and between EJM-
Arizona Commerceplex, LLC, a Delaware limited liability
company ("Landlord") and Arizona Furniture Company Inc., a
Nevada corporation ("Tenant") to be a part of that certain
Industrial Real Estate Lease (Multi-Tenant Net Form) of even
date herewith between Landlord and Tenant (the "Lease")
concerning Property more commonly known as 00000 Xxxxx 00xx
Xxxxxx, Xxxxx 00, Xxxxxxx, XX ( the "Property"). Landlord
and Tenant agree that the Lease is hereby modified and
supplemented as follows:
1. Section 1.12(a) (Base Rent) of the Lease shall be
amended by adding the following:
"The Base Rent during the Term shall be as follows;
Months 01 - 20 $8,650.00 per month
NNN
Months 21 - 40 $9,090.00 per month
NNN
Months 41 - 60 $9,540.00 per month
NNN
In addition to Base Rent and other charges payable
under the terms of this Lease, Tenant shall pay
Landlord the amount of any transaction privilege
tax, rent tax, sales tax, gross proceeds tax, use
tax, occupancy tax or like tax (excluding income
taxes) levied, assessed or imposed by any federal,
state, county or municipal governmental authority,
or any subdivision thereof, upon or measured by
any rent or other charge payable under this
Lease."
2. Tenant Improvements (Constructed by Landlord):
Office Area: Landlord will construct standard
office as shown on the attached Exhibit "1". The
office area shall be constructed using Landlord's
building standards which include, HVAC, t-bar drop
ceiling, direct glue down level loop carpet, tile
flooring in the restrooms, standard electrical and
telephone outlets and recessed fluorescent
lighting.
Workstations, furniture, modular partitions,
appliances, telephone cabling and equipment are
the Tenant's responsibility.
Warehouse Area: Building standard lighting, edge
of dock levelers, two (2) evaporative coolers and
110 volt electrical duplex outlets spaced around
the perimeter (one every 20 feet) and one duplex
outlet on each interior column.
No electrical distribution or circuits will be
provided by Landlord except to the improvements
listed above to be constructed by Landlord.
3. Rules and Regulations:
a) Parking or storage of vehicles overnight is
prohibited, except delivery vehicles in Tenant
truck xxxxx.
b) Absolutely no parking at any time in any areas
designated as "No Parking" or "Fire Lane" or in
any truck dock or ramp position not a part of the
Property.
c) Absolutely no parking of trailers, boats or any
other vehicles or equipment.
d) Absolutely no maintenance is to be performed on
any trucks, automobiles, trailers or other
equipment other than tire changes and safety
checks.
e) Unusual expenses created by the washing of
vehicles will result in special assessment to
Tenant for water and/or physical repair of the
Property.
f) Absolutely no outside storage is allowed,
including but not limited to pallets, equipment,
work in progress, or raw materials.
g) Tenant shall not do or permit anything to be done which
is a nuisance or interferes with any other tenant in the
Project.
h) No pets or other animals are to be kept at the
Property, Building or Project.
4. Financial Strength:
Tenant covenant and warrant that as of the Date of the
Lease, Tenant has the financial strength and assets to
meet all of its obligations under the terms and
conditions of the Lease. Tenant also covenants and
warrants, at the time of Lease signature, that neither
Tenant or any Tenant affiliate are: 1) in default under
any terms and conditions of any other lease for real
property, 2) in default for any monetary obligation, 3)
in foreclosure on any real property, or 4) under the
protection of any bankruptcy codes.
5. Mechanic's Lien:
Should any mechanics or other lien be filed against the
Property or Project or any part thereof by reason of
Tenant's acts or omissions or because of a claim
against Tenant, Tenant shall cause the same to be
canceled and discharged of record by bond or otherwise
with ten (10) days of Tenant's receipt of notice by
Landlord.
6. Binding Force:
Submission of this Rider No. 1 is not an offer to lease
or amend the Lease. This Rider No. 1 shall become
binding upon Landlord and Tenant only when this Rider
No. 1 is fully executed and delivered by Landlord. In
the event Landlord does not execute and deliver this
Rider No. 1, then this Rider No. 1 shall be void and of
no force or effect.
7. Ratification of Lease:
The terms of the Lease are amended to reflect the
changes set forth above. In all other respects the
terms of the Lease shall be in full force and effect.
In the event of any conflict between this Rider No. 1
and the Lease, the terms of this Rider No. 1 shall be
deemed controlling.
8. Capitalized Terms:
Except as otherwise expressly provided herein, the
capitalized terms and phrases in this Rider No. 1 shall
have the same meanings as are given such terms in the
Lease.
9. Authority:
If Tenant is a corporation, limited liability company,
trust or general or limited partnership, each
individual executing this Rider No. 1 on behalf of such
entity represents and warrants that he or she is duly
authorized to execute and deliver this Rider No. 1 on
behalf of said entity.
LANDLORD: TENANT:
EJM-Arizona Commerceplex, Arizona Furniture Company,
L.L.C., a Delaware limited Inc., a Nevada corporation
liability company
By: EJM Tri-State
Properties, LLC, a Delaware
limited liability company
Its: Member
By: EJM Development Co., a By:
California limited __________________________
partnership _
Its: Member
Printed Name:
__________________
Its:
By: Date:_____________________
___________________________ ____
Its: General Partner
Date:
_________________________
