AMENDMENT
TO
OFFICE BUILDING LEASE
THIS AMENDMENT TO OFFICE BUILDING LEASE, made and entered into this 27
day of September, 1996, is an amendment to a certain Office Building Lease dated
July 14, 1993, by and between Xxxx Xxx and Xxxxxxx X. Xxxxxxxx, husband and
wife, hereinafter called "Landlord", and TransTerra Co., a Nebraska corporation,
hereinafter called "Tenant".
W I T N E S S E T H:
WHEREAS, Landlord and Tenant entered into a certain written Office Building
Lease (hereinafter "Lease") wherein Landlord leased unto Tenant and Tenant
leased from Landlord a certain office building and land located at 0000 Xxxxx
000xx Xxxxxx, Xxxxx, Xxxxxxxx (hereinafter referred to, as the context may
require, as the "Premises"; the "Building"; and the "Land") as depicted on the
survey attached to the Lease as Exhibit "A"; and
WHEREAS, Tenant is in need of additional office space and Landlord is
willing to provide such space by constructing as an addition to the Building on
the Land a two-story office building approximately 35,000 square feet in size;
and
WHEREAS, the parties hereto wish to amend the Lease in the following
hereinafter identified particulars in order that such Lease will incorporate
therein the new two-story office building addition to be constructed by
Landlord.
NOW, THEREFORE, in consideration of the foregoing preambles which are
incorporated herein and made a part hereof by this reference, and in further
consideration of the mutual covenants of the parties hereto, it is hereby agreed
that said Lease is changed and amended as hereinafter provided:
1. TERM. Paragraph 2 of the Lease is hereby amended to provide for a
term of twenty (20) years commencing on the date Tenant occupies the new
addition (currently estimated as April 1, 1997), plus that additional period
which shall be necessary to enable the term of the lease to end on the last day
of a calendar year.
2. BASE RENT.
a) Paragraph No. 3 of the Lease is hereby amended to provide that Tenant
agrees to pay to Landlord, without demand, deduction, or setoff, at Omaha,
Nebraska, or at such other place as Landlord from time to time may designate in
writing, a fixed minimum annual base rent in the amount of One Million Two
Hundred Eighty-eight
Thousand Dollars ($1,288,000.00), which sum shall be payable by Tenant in
equal consecutive monthly installments of One Hundred Seven Thousand Three
Hundred Thirty-three and 33/100 Dollars ($107,333.33) each, in advance, on
the first day of each month during the term of this Lease. Rent for any
period of less than a calendar month shall be pro rated on a daily basis and
shall be paid within ten (10) days after the end of the period for which it
is due.
b) Anything in the foregoing Paragraph No. 2a) to the contrary
notwithstanding, Landlord and Tenant herewith agree and stipulate that the
above-described rental rate of One Million Two Hundred Eighty-eight Thousand
Dollars ($1,288,000.00) per year (One Hundred Seven Thousand Three Hundred
Thirty-three and 33/100 Dollars ($107,333.33) per month), is predicated upon a
total construction cost for the new addition in the sum of not less than Four
Million Two Hundred Thousand Dollars ($4,200,000.00). Landlord and Tenant
further agree that said rental rate will be subject to negotiation and
adjustment based on the actual costs of the project.
3. RENTAL ADJUSTMENT. Paragraph No. 33 of the Lease is hereby amended to
provide that notwithstanding the foregoing provisions of Paragraph 2, supra, if
for any calendar year during the term of this Lease, should real estate taxes,
insurance, utilities, maintenance and repairs, and all other ordinary and
necessary expenses (excluding provisions for depreciation and/or amortization
and expenditures of a capital nature) which are the obligations of the Landlord
hereunder, hereinafter referred to as operating expenses (such term specifically
excluding therefrom any payments of principal or interest on any purchase money
mortgage on the Premises), exceed Five Hundred Forty Thousand Dollars
($540,000.00), then the rent for such calendar year shall automatically be
increased by such excess. Any additional rent required of Tenant pursuant to
the provision of this paragraph shall be payable within ten (10) days of demand
by Landlord, which demand shall be accompanied by an accounting setting forth
the computation of how such additional rent was determined.
4. ENTIRE AGREEMENT. Paragraph 49 of the Lease is herewith amended to
provide that Tenant and Landlord hereby agree that all of the terms and
provisions of the Lease, except as herein specifically changed and/or amended by
this document, and the exhibits to the Lease therein identified, shall be and
remain in full force and effect, and represent the entire agreement between the
parties hereto with respect to the Premises and that there are no other
agreements, promises, or representations, written or verbal, between the parties
hereto pertaining to the Premises or the subject matter hereof. This Amendment
to the Lease and the Lease itself may not be further amended or supplemented
orally, but only by an agreement in writing which has been signed by the party
against whom enforcement of any such amendment or supplement is sought.
2
IN WITNESS WHEREOF, Landlord and Tenant have executed this AMENDMENT TO
OFFICE BUILDING LEASE on the day and year first above written.
/s/ Xxxx Xxx Xxxxxxxx
-------------------------------
Xxxx Xxx Xxxxxxxx
/s/ Xxxxxxx X. Xxxxxxxx
--------------------------------
Xxxxxxx X. Xxxxxxxx
LANDLORD
TRANSTERRA CO., a Nebraska
corporation
By: /s/ Xxxx Xxx Xxxxxxxx
----------------------------
Xxxx Xxx Xxxxxxxx
Title: President
TENANT
STATE OF NEBRASKA )
) ss.
COUNTY OF XXXXXXX )
The foregoing instrument was acknowledged before me this 27 day of
September, 1996, by Xxxx Xxx Xxxxxxxx and Xxxxxxx X. Xxxxxxxx, husband
and wife.
/s/ Xxxxxx X. Xxxxxx
[SEAL] --------------------------------
Notary Public
STATE OF NEBRASKA )
) ss.
COUNTY OF XXXXXXX )
The foregoing instrument was acknowledged before me this 27 day of
September, 1996, by Xxxx Xxx Xxxxxxxx, President of TransTerra Co., a
Nebraska corporation, on behalf of the corporation.
/s/ Xxxxxx X. Xxxxxx
[SEAL] --------------------------------
Notary Public
3