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Exhibit 10.6
AMENDMENT TO LEASE
THIS AMENDMENT TO LEASE (this "AMENDMENT") is made as of the 27th day of
April, 1999, by and between TR 628 HEBRON LIMITED PARTNERSHIP, an Illinois
limited partnership ("Landlord"), and BDS BUSINESS CENTER, INC,, a Connecticut
corporation ("Tenant").
WITNESSETH:
WHEREAS, Landlord and Tenant entered into that certain Lease dated June,
1998 (together with all written modifications thereto, the "Lease"), demising
certain premises commonly known as Suite 502 (the "Current Premises"), as more
fully described in the Lease, in the building known as Building (2), located at
000 Xxxxxx Xxxxxx, Xxxxxxxxxxx, Xxxxxxxxxxx (the "Building"); and
WHEREAS, Landlord and Tenant desire to expand the Current Premises to
include the premises outlined on the floor plan attached hereto as Exhibit A on
the fifth floor of the Building, which contains approximately 1,500 rentable
square feet (the "First Expansion Premises"), and the premises outlined on the
floor plan attached hereto as Exhibit B in the garage of the Building, which
contains approximately 206 usable square feet (the "Second Expansion Premises");
and
WHEREAS, the parties hereto are desirous of amending the Lease in
accordance with the terms hereof.
NOW, THEREFORE, in consideration of the mutual covenants contained herein
and other good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, Landlord and Tenant hereby amend the Lease as follows:
1. DEFINITIONS. Unless the context otherwise requires, any capitalized
term used herein shall have its respective meaning as set forth in the Lease.
2. INTEGRATION OF AMENDMENT AND LEASE. This Amendment and the Lease
shall be deemed to be, for all purposes, one instrument. In the event of any
conflict between the terms and provisions of this Amendment and the terms and
provisions of the Lease, the terms and provisions of this Amendment shall, in
all instances, control and prevail.
3. PREMISES. Upon the date (the "New Commencement Date") Landlord
delivers a possession notice to Tenant, Tenant shall take possession of the
First Expansion Premises and the Second Expansion Premises in an "as is"
condition. Upon the New Commencement Date, the Current Premises, the First
Expansion Premises and the Second Expansion Premises shall be deemed to be the
Premises (as defined in Paragraph 2 of the Lease) and the square footage of the
Premises shall be deemed to be 15,914 square feet.
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4. SECOND EXPANSION PREMISES. The Second Expansion Premises shall be
used as storage space to support the operation of the Current Premises and the
First Expansion Premises, and for no other purpose.
5. MONTHLY BASE RENTAL. Notwithstanding anything to the contrary
contained in the Lease, commencing on the New Commencement Date, and continuing
through and including the Termination Date, Monthly Base Rental for the Current
Premises and the First Expansion Premises shall be paid at the times and in the
same manner as set forth in Paragraph 3 of the Lease, payable as follows:
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Period Monthly Base Rental Per Square Foot
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New Commencement Date
- 11/30/00 $26,834.50 $20.50
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12/01/00 - 11/26/04 $28,143.50 $21.50
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Commencing on the New Commencement Date and continuing through and
including the Termination Date, Base Rental for the Second Expansion Premises
shall be paid in the manner and the times as set forth in Paragraph 3 of the
Lease and shall be an amount equal to Two Thousand Forty and 00/100 Dollars
($2,040.00) per annum, payable in equal monthly installments of One Hundred
Seventy and 00/100 Dollars ($170.00).
6. TENANT'S SHARE. Effective as of the New Commencement Date, Paragraph
1 .H. of the Lease shall be amended by deleting the phrase "9.17%
(14,208/155,000)", and inserting in lieu thereof the phrase "10.13%
(15,708/155,000)".
7. CONDITION OF PREMISES. Tenant is in possession of the Current
Premises pursuant to the Lease and Tenant acknowledges and agrees that the
Current Premises are in good order and satisfactory condition as of the date
hereof. No agreement of Landlord to alter, remodel, decorate, clean or improve
the Premises or the Building and no representation or warranty regarding the
condition of the Premises or the Building has been made by or on behalf of
Landlord to Tenant under or by reason of this Amendment, except that Landlord
shall perform the following leasehold improvement work ("Landlord's Work") in
the First Expansion Premises on or before the New Commencement Date: (a) repair
(or install, as the case may be) building standard white ceiling tiles where
necessary, (b) repair (or install, as the case may be) building standard
parabolic lighting fixtures where necessary (as determined by Landlord), (c)
repaint all walls in the First Expansion Premises with one coat of building
standard paint (color to be selected by Tenant), and (d) recarpet the First
Expansion Premises with the same color and type of carpeting currently installed
in the Current Premises. Tenant shall have thirty (30) days (the "Notification
Period") from the New Commencement Date in which to notify Landlord of any
omissions or latent or patent defects in Landlord's Work (hereinafter, the
"Defects") as described herein. If Tenant fails to notify Landlord during the
Notification Period of any Defects, then it shall be deemed that Tenant
acknowledges and
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agrees that the First Expansion Premises are in good order and satisfying
condition and free of Defects.
8. NO BROKER. Each of the parties represent to the other that such
party has not dealt with any broker (other than Xxxxxxx & Xxxxxxxxx of
Connecticut, Inc.) in connection with this Amendment and each party agrees to
indemnify, defend (with counsel acceptable to Landlord) and hold the other
harmless from all damages, liability and expense arising from any claims or
demands of any brokers or finders (other than Xxxxxxx & Wakefield of
Connecticut, Inc.) for any commission alleged to be due such brokers or finders
in connection with their participation in the negotiation with either party of
this Amendment.
9. LEASE IN FULL FORCE AND EFFECT. Except as expressly provided herein,
all of the terms and provisions of the Lease shall remain in full force and
effect.
This Amendment to Lease is executed by the undersigned as of the date
first above written.
LANDLORD:
TR 628 HEBRON LIMITED PARTNERSHIP, an
Illinois limited partnership
By: TR 628 Hebron Corporation, its General
Partner
By: /s/ ??????????????
------------------------------------
Name:
----------------------------------
Title: President
----------------------------------
TENANT:
BDS BUSINESS CENTER, INC., a Connecticut
corporation
By: /s/ Xxxxx X. Xxxxxxx
-----------------------------------------
Name: Xxxxx X. Xxxxxxx
-----------------------------------------
Title: EVP Chief financial officer
-----------------------------------------
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NOTICE OF LEASE
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THIS NOTICE OF LEASE is given pursuant to Section 47-19 of the Connecticut
General Statutes, as amended, as evidence that as of the 27th day of April,
1999, TR 628 HEBRON LIMITED PARTNERSHIP, an Illinois limited partnership
("Landlord"), has entered into a Lease with BDS BUSINESS CENTER, INC., a
Connecticut corporation ("Tenant"), as follows:
1. PARTIES: Landlord: TR 628 Hebron Limited Partnership
Address: c/o Lincoln Property Company
0000 Xxxxxx Xxxxxxxxx, Xxxxx 000
Xxxxxxxxx, Xxxxxxxx 00000
Tenant: BDS Business Center, Inc.
Address: 000 Xxxxxx Xxxxxx, Xxxxxxxx Two
Suite 502
Glastonbury, Connecticut 06033
2. DATE OF EXECUTION: Lease: As of June 1998, amended as of April 27, 1999.
3. RENEWAL TERM: The renewal term of the lease commences on July 27, 1995 and
terminates on November 26, 2004.
4. LEASED PROPERTY: Xxxxx 000, Xxxxx 000 and Storage Space #2 (located in the
garage), 000 Xxxxxx Xxxxxx, Xxxxxxxx (0), Xxxxxxxxxxx, Xxxxxxxxxxx.
5. EXTENSION RIGHT: One (1) option to extend for sixty (60) months.
6. OPTION TO PURCHASE: None.
7. ORIGINAL LEASE: The Lease is on file at the office of Landlord and Tenant.
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IN WITNESS WHEREOF, the parties have hereunto set or caused to be set
their hands and seals as of the date first above written and to a duplicate
instrument of the same tenor and date.
LANDLORD:
TR 628 HEBRON LIMITED PARTNERSHIP, an
Illinois limited partnership
By: TR 628 Hebron Corporation, its General
Partner
By: /s/ ??????????????
------------------------------------
Name:
----------------------------------
Title: President
----------------------------------
TENANT:
BDS BUSINESS CENTER, INC., a Connecticut
corporation
By: /s/ Xxxxx X. Xxxxxxx
-----------------------------------------
Name: Xxxxx X. Xxxxxxx
-----------------------------------------
Title: EVP Chief financial officer
-----------------------------------------
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EXHIBIT A
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XXXXX
DESIGN
GROUP
Architecture & Interior Design
[MAP]
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Xxxxx Xxxxx Xxxxxx Xxxx XXX-0000
01/19/99
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Glastonbury Corporate Center, Building "B" 5
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000 Xxxxx Xxxxxx, Xxxxxxxx, XX 00000 / Tel: 000.000.0000 / Fax: 000.000.0000
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EXHIBIT B
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BASEMENT/GARAGE PLAN
[MAP]
