EXHIBIT 10.10(a)
FIRST AMENDMENT TO NET LEASE AGREEMENT
BETWEEN THE JOINT VENTURE
AND
LUCENT TECHNOLOGIES, INC.
FIRST AMENDMENT TO NET LEASE AGREEMENT
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THIS FIRST AMENDMENT TO NET LEASE AGREEMENT (the "First Amendment") is made
and entered into this 30th day of March, 1998, by and between XXXXX
DEVELOPMENT CORPORATION, a Georgia corporation (hereinafter referred to as
"Landlord") and LUCENT TECHNOLOGIES INC., a Delaware corporation (hereinafter
referred to as "Tenant").
W I T N E S S E T H
WHEREAS, Landlord and Tenant entered into that certain Net Lease Agreement
dated as of May 30, 1997 (the "Lease") relating to certain Premises located in
Xxxxx Xxxxxxx Xxxxxx Xxxx Xxxxx, Xxxxxxxx Xxxx, Xxxxxxxx, as more particularly
therein described; and
WHEREAS, Tenant has requested Landlord to expand the size of the "Land" by
including therein an additional strip of real property having dimensions of
approximately 59 feet by 432 feet and containing approximately 25,808 square
feet of area along the northerly boundary of the Land and to expand the
Building's parking facilities by paving and striping additional parking spaces
along and within the northerly boundary of the Land, as so expanded; and
WHEREAS, Landlord has agreed to use reasonable efforts to acquire such
additional real property along the northerly boundary of the Land, and upon such
acquisition, to expand the Building's parking facilities by constructing
approximately 66 additional parking spaces within such additional real property;
and
WHEREAS, Landlord and Tenant desire to modify and amend the Lease to
provide for the expansion of the Premises and to provide for the increase in
Fixed Rent as herein provided.
NOW, THEREFORE, for and in consideration of the premises, the agreements
contained herein and other good and valuable consideration, the receipt,
adequacy and sufficiency of which are hereby acknowledged by the parties hereto,
Landlord and Tenant do hereby agree as follows:
1. Defined Terms. All terms and words of art used herein, as indicated by
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the initial capitalization thereof, shall have the same respective meanings
designated for such terms and words of art in the Lease.
2. Expansion of Premises. Landlord agrees to use reasonable efforts in good
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faith to acquire that certain real property having dimensions of approximately
59 feet by 432 feet and containing approximately 25,808 square feet of area
adjacent to the northerly boundary of the Land (such real property being
hereinafter referred to as the "Additional Land"). Effectively immediately upon
the acquisition of the Additional Land by Landlord, the Additional Land shall be
deemed to be a part of the Land, the Property and the Premises for all purposes
under the Lease, as amended.
3. Improvement of Additional Land and Increase in Fixed Rent. Landlord
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agrees that within three (3) months after the acquisition by Landlord of the
Additional Land, Landlord shall cause additional parking improvements and
driveway improvements to be constructed within the Additional Land as depicted
on the Site Plan attached hereto as Exhibit "A" and by reference made a part
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hereof, all at the sole cost and expense of Landlord. Effective as of the date
of substantial completion of such additional sixty-six (66) parking spaces and
driveway improvements and the delivery of notice by Landlord to Tenant that
Tenant may commence beneficial use of such additional parking spaces and
driveway improvements, the annual Fixed Rent payable by Tenant to Landlord under
the Lease for the balance of the Primary Term shall increase by the sum of
Twenty-Eight Thousand Five Hundred Ninety-Three and No/100 Dollars ($28,593.00),
payable in equal monthly installments of $2,382.75. The amount of such increase
in Fixed Rent shall be prorated for any partial month following the commencement
of such increase in Fixed Rent.
4. Ratification. Except as expressly modified and amended herein, the Lease
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shall remain in full force and effect and, as modified and amended herein, is
expressly ratified and confirmed by the parties hereto.
5. Binding Effect. This First Amendment shall be binding upon and shall
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inure to the benefit of Landlord and Tenant and their respective legal
representatives, successors and assigns.
IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to
be duly executed as of the day, month and year first above written.
"LANDLORD"
XXXXX DEVELOPMENT CORPORATION,
a Georgia corporation
By: /s/ Xxxxx X. Xxxxxx
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Name: Xxxxx X. Xxxxxx
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Title: Executive Vice President
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"TENANT"
LUCENT TECHNOLOGIES INC.,
a Delaware corporation
By: /s/ Erlizda X. Xxxxxxx
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Name: Erlizda X. Xxxxxxx
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Title: R.I. Manager
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