FIRST AMENDMENT TO LEASE AZTAR CORPORATION BILTMORE FINANCIAL CENTER I
EXHIBIT
10.19(a)
FIRST AMENDMENT TO LEASE
AZTAR CORPORATION
BILTMORE FINANCIAL CENTER I
BILTMORE FINANCIAL CENTER I
THIS FIRST AMENDMENT TO LEASE (the “First Amendment”) is made and entered into on May
26th, 2000. For reference purposes the effective date of this Amendment is the
15th day of February, 2001, by and between EAST CAMELBACK ROAD, INC., a Florida
corporation (“Landlord”), successor-in-interest by assignment and assumption to SFERS Real Estate
Corp.S Limited Partnership, an Arizona limited partnership (“SFERS”), as landlord, and AZTAR
CORPORATION, a Delaware corporation (“Tenant”), as tenant.
RECITALS
A. This First Amendment is entered into in consideration of the mutual promises, covenants and
conditions set forth below, the receipt and sufficiency of which are hereby acknowledged by the
parties.
B. SFERS and Tenant entered into that certain Lease and Exhibits A through C
thereto dated for reference purposes August 25, 1997
(collectively, the “Lease”) pertaining to
Suite 400 consisting of approximately 13,058 rentable square feet (the “Premises”) in the office
building located at 0000 Xxxx Xxxxxxxxx Xxxx in Phoenix, Arizona, commonly known as Biltmore
Financial Center I (the “Building”).
C. Landlord is the current landlord and Tenant is the current tenant under the Lease.
D. The parties desire to extend the Termination Date of the Lease and make certain other
amendments to the Lease, subject to the terms set forth in the Lease, as amended herein.
E. Capitalized terms used in this First Amendment without definition shall have the meanings
given to such terms in the Lease.
AGREEMENTS
1. Name of Landlord. The “Landlord” set forth on the Reference Page of the Lease is
hereby deleted and replaced with “East Camelback Road, Inc., a Florida corporation”.
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2. Landlord’s Address. The “Landlord’s Address” set forth on the Reference Page
of the Lease is hereby deleted and replaced with “c/o Transwestern-Xxxx, 0000 Xxxx Xxxxxxxxx Xxxx,
Xxxxx 000, Xxxxxxx, Xxxxxxx 00000-0000, with a copy to: Brier & Irish, P.L.C., 0000 Xxxxx
00xx
Xxxxxx, Xxxxxxx, Xxxxxxx 00000, Attn: Xxxxxx X. Xxxxx, Esq.”.
3. Termination Date. The “Termination Date” set forth on the Reference Page of the
Lease is deleted and replaced with “February 15, 2004”.
4. Term
of Lease. The “Term of Lease” set forth on the Reference Page of the Lease is
deleted.
5. Rental Schedule. The “Rental Schedule” set forth in Article 39 of the
Lease is deleted and replaced with the following:
| Date | Monthly Rent | Annual Rent | ||||||
February 15, 2001 — February 15, 2002 |
$ | 28,292.33 | $ | 339,508.00 | ||||
February 16, 2002 — February 15, 2003 |
$ | 28,564.38 | $ | 342,772.50 | ||||
February 16, 2003 — February 15, 2004 |
$ | 28,836.42 | $ | 346,037.00 | ||||
6. Parking. The first sentence in the “Parking” provision set forth in Article
40 of the Lease is deleted and replaced with the following: “From and after the effective
date of this First Amendment and continuing through and including the Termination Date (as
extended by this First Amendment), Tenant shall have the obligation to pay for and the right to
use a total of twenty-eight (28) parking spaces, as follows: twenty-five (25) reserved parking
spaces at $70.00 per month each and three (3) unreserved parking spaces at $55.00 per month
each.”
7. Refurbishment/Tenant improvements. Landlord shall perform or install, as
applicable, the following refurbishments of and tenant improvements to the Premises, at Landlord’s
sole cost and expense, pursuant to a mutually agreed schedule for completion: install new building
standard carpeting throughout the Premises, including the front lobby; install new building
standard tile in the kitchens; clean and/or paint all walls as specified on attached plan; repair
all doors, as necessary; retouch all doors and bookcase facing and wood caps at planters and low
walls, as necessary; and install new area carpets in the two conference rooms at the front of the
suite. With the exception of the foregoing, Landlord shall have no further duty to construct and/or
pay for any other refurbishment of or tenant improvements to the Premises.
8. Parking Rules and Regulations. Tenant shall comply with the Parking Rules and
Regulations for the Building, attached hereto as Exhibit D and incorporated herein by
reference, as may be modified from time to time in Landlord’s reasonable discretion.
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9. Lease Status. Tenant hereby represents and warrants to Landlord that there are
no offsets or credits against rentals. Further, Tenant agrees that there are no existing claims or
causes of action against Landlord arising out of the Lease nor are there any existing defenses
which Tenant has against the enforcement of the Lease by Landlord.
10. Ratification. It is understood and agreed that the Lease is ratified, confirmed
and in full force and effect, and has not been modified, supplemented or amended in any way except
as herein provided. In the event of any inconsistency between the terms of the Lease and this First
Amendment, the terms of this First Amendment shall prevail. All references in the Lease to “this
Lease” shall be deemed references to the Lease as modified by
this First Amendment.
IN WITNESS WHEREOF, the parties hereto have duly executed and delivered this First Amendment
as of the day and year first above written.
| LANDLORD: | EAST CAMELBACK ROAD, INC., a Florida corporation |
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| By: | /s/ Xxxxxxx X. Xxxxx | |||
| Xxxxxxx X. Xxxxx | ||||
| Its: Vice President Date: 6/8/2000 |
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| TENANT: | AZTAR CORPORATION, a Delaware corporation |
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| By: | /s/ Xxxxxx X. Xxxxxxxxx, Xx. | |||
| Xxxxxx X. Xxxxxxxxx, Xx. | ||||
| Its: Vice President Administration & Secretary Date: 5/26/2000 |
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