FOURTH LEASE MODIFICATION
Exhibit
10.57
FOURTH
LEASE MODIFICATION
THE
LEASE AGREEMENT,
dated
January 28, 2003 and modified thereafter, by and between AMERICAN
CENTER LLC (“Landlord”),
a Michigan Limited Liability Company f/k/a
AMERICAN CENTER ACQUISITION, LLC, a
Michigan Limited Liability Company, and
LDMI TELECOMMUNICATIONS INC.
(“Tenant”), a Michigan corporation, for Suites
400, 500, 1660, 1680 consisting
of 43,373 rentable square feet and
Storage Space #7 and #8 consisting
of 250 square feet (the “Premises” or “demised premises”) in the AMERICAN
CENTER (the
“Building”) 00000 Xxxxxxxx Xxxx, Xxxxxxxxxx, Xxxxxxxx 00000 (the “Project”) is
hereby modified as follows:
1. Satellite
Dish
(a)
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Tenant,
at its sole expense has the right to erect, maintain and operate
on the
roof of the building, one (1) two foot (2’) diameter satellite dish
(“Tenant Facilities”). Tenant, at its sole expense shall do all work
necessary to prepare and to install transmission lines, connecting
the
Tenant Facilities to the transmitters and receivers in the Premises.
All
of Tenant’s construction and installation work (“Tenant’s Work”) shall be
performed at Tenant’s sole cost and expense and in a good and workmanlike
manner, in accordance with Tenant’s specifications and subject to
Landlord’s General Requirements for Building Alterations as outlined in
Exhibit “G” attached, and the provisions outlined below and in such a
manner as not to damage the roof or void the roof warranty. Title
to the
Tenant Facilities shall be in Tenant. Tenant shall remove all Tenant
Facilities at its sole expense on or before the expiration or earlier
termination of the term in such a manner so as not to void the
roof
warranty and, provided Tenant repairs any damage to the roof of
the
property caused by such removal.
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(b)
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Landlord
shall provide to Tenant, Tenant’s employees, agents and subcontractors
with two (2) days prior written notice (except in the case of an
emergency), access to the roof of the building. Tenant shall proceed
with
Tenant’s Work in accordance with the following
schedule:
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(i)
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Tenant
shall submit to Landlord working drawings (“Working Drawings”) prepared by
Tenant.
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(ii)
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Landlord
shall, within twenty (20) days of receipt, either approve such
Working
Drawings or designate by notice to Tenant the specific changes
required to
be made to the Working Drawings or request additional information,
which
Tenant shall provide; and Tenant shall resubmit the modified Working
Drawings to Landlord within twenty (20) days. If Landlord fails,
within
such twenty (20) day period, either to approve the Working Drawings
or to
advise Tenant of the specific modifications to be made thereto
in order to
gain Landlord’s approval, the Working Drawings shall be deemed approved by
Landlord on the expiration of such twenty (20) day period if no
response
is forthcoming.
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(iii)
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Tenant
shall have the right at any time with two (2) days prior written
notice
(except in the case of an emergency), following the full execution
of this
Agreement, access to the roof for the purposes of: making necessary
engineering surveys, inspections, other reasonably necessary tests
(“Tests”) and constructing the Tenant Facilities (in accord with (ii)
above).
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(c)
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Tenant
at its expense will defend, indemnify, save and hold harmless Landlord,
its licensee, servants, agents, employees, affiliated entities
and
contractors, from and against any loss, damage, claim of damage,
liability
or expense, (including attorney fees) to or for an any person or
property,
whether based on contract, tort, negligence or otherwise, arising
directly
or indirectly out of or in connection with the Tenant Facilities
installed
by Tenant or any other person, licensee, servant, agent, employee
or
contractor, for the Tenant Facilities, whatever the cause or an
any
litigation or other proceeding by or against Tenant, or any person,
licensee, servant, agent, employee or contractor, for the Tenant
Facilities.
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(d)
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Tenant
shall bear the cost of any damage to the Property and/or the roof
of the
Property, or any increase in the Operating Expenses or Real Estate
Taxes
that may be incurred as a result of the installation of the Tenant
Facilities or Tenant’s Work.
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(e)
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Tenant’s
installation, maintenance and operation of the Tenant Facilities
as
defined herein shall not interfere with Landlord’s operation of the
building, cause radio or television interference to any Tenant
of the
building, or cause signal interference to any communication equipment
operating on the Property, provided such radio communication equipment
was
installed by Landlord or any of Landlord’s Tenants prior to the
commencement of this Lease. In the event any such interference
is caused
by Tenant, Tenant shall, at its own expense, provide and install
any
filter, isolators and other equipment necessary to eliminate such
interference.
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(f)
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Tenant
will be responsible for all marking and lighting requirements of
the
Federal Aviation Administration (“FAA”) or the Federal Communications
Commission (“FCC”) specifically associated with the construction,
maintenance, or operation of Tenant’s Facilities of the Property, but none
other. Tenant shall indemnify and hold Landlord harmless from any
fines or
other liabilities caused by Tenant’s failure to comply with such
requirements. Should Tenant be cited by either the FCC or FAA because
Tenant’s Facilities are not in compliance and should Tenant fail to cure
the conditions of noncompliance within the time frame allowed by
the
citing agency, Landlord upon notice may proceed to cure the conditions
of
noncompliance.
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2.
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The
Tenant Facilities shall be operated on a month to month basis for
a term
of no more than nine (9) years and six (6) months, commencing June
1, 2004
and expiring no later than November 30, 2013, with a Monthly Base
Rent of
Three Hundred and 00/100 Dollars
($300.00).
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3.
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Non-Disclosure
- Tenant
will not record this Lease or a memorandum hereof, and will not
otherwise
disclose the terms of this Lease to anyone other than its attorneys,
accountants or employees who need to know of its contents in order
to
perform their duties for Tenant. Any other disclosure will be an
event of
Default under the Lease. Tenant agrees that Landlord shall have
the right
to publish a "tombstone" or other promotional description of this
Lease.
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Except
as
hereinabove specifically provided to the contrary, all of the remaining terms,
covenants, and agreements contained in said Lease, and all modifications
thereafter, shall remain in full force and effect and shall be applicable
to the
Premises as described in said Lease is hereby acknowledged, ratified, and
confirmed by the parties hereto.
LANDLORD:
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TENANT:
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||||||
AMERICAN
CENTER LLC,
a
Michigan Limited Liability Company
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LDMI
TELECOMMUNICATIONS, INC., a
Michigan corporation
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||||||
By:
Southfield Office Mananger,
Inc.
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|||||||
By:
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/s/ Xxxx Xxxxxxxxx |
By:
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/s/ Xxxxxxx Xxxxxxx | ||||
Printed:
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Xxxx
Xxxxxxxxx
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Printed:
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Xxxxxxx Xxxxxxx | ||||
Its:
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Secretary
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Its:
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CFO | ||||
Date:
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5-19-04 |
Date:
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5-19-04 |
EXHIBIT
G
GENERAL
REQUIREMENTS FOR BUILDING ALTERATIONS
1. All work must meet all requirements of national, state and local
building codes and Title III of the Americans With Disabilities Act
(“ADA”).
2. Tenant/Contractor shall be responsible for making applications
for, securing and paying for all permits, governmental, and utility company
fees.
3. |
Before
work commences on any building alterations, final plans must be
submitted
to REDICO Management, Inc. for Landlord’s review and
approval.
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4. |
All
contractors must supply REDICO Management, Inc. with Workers Compensation
and General Liability insurance, with coverages not less than those
stated
in the lease as required from the Tenant, naming REDICO Management,
Inc.
and Landlord as additional insureds. In addition, Tenant must supply
REDICO Management, Inc. with the insurance coverage required by
the lease,
prior to the commencement of construction of tenant
improvements.
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5. |
Tenant/Contractor
shall at
all times
keep the Premises free from accumulation of waste material or rubbish
caused by operations. At the completion of work, Tenant/Contractor
shall
remove its waste materials and rubbish from and about the Project
as well
as all its tools, construction equipment, machinery and surplus
materials.
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6. |
Any
dust producing work must
be
coordinated with the Building Management before proceeding, in
order to
prevent tripping the fire alarm. Tenant shall pay for the cost
of any
false alarms and shall provide Landlord with proof of such
payment.
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7. |
All
work shall be done so as not to hinder any building or tenant
operations.
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8. |
All
cold water supply lines must be
insulated.
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9. |
Whenever
a tap is made from an existing water valve, a new shut-off valve
and space
valve must be installed.
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10. |
All
work with fire sprinkler systems and fire alarms must
be
coordinated with Building Management before commencement of such
work.
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11. |
All
window treatments must be building
standard.
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12. |
All
phone equipment must be installed in Tenant’s
suite.
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13. |
Tenant
shall be responsible to repair, at its own cost and expense, any
damages
to the common areas caused by Tenant’s work and/or Tenant’s
contractors.
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14. |
A
copy of the final certificate of occupancy and a set of as-built
drawings
must be sent to REDICO Management, Inc. before final
payment.
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15. |
Copies
of full unconditional waivers of lien for work performed holding
Landlord
and REDICO Management, Inc. harmless must be provided to REDICO
Management, Inc.
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It
will be Tenant/Contractor’s responsibility through its architects/engineers to
incorporate all applicable requirements of Title III of ADA into the Project.
Any approval by Landlord of Tenant’s plan, however, cannot and does not warranty
or guarantee that this Project will comply with all interpretations of the
ADA
requirements and/or the requirements of other federal, state and local laws,
rules, codes, ordinances and regulations as they apply to this
Project.
Approved
by Tenant:
TENANT:
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LDMI
TELECOMMUNICATIONS, INC., a
Michigan corporation
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By:
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/s/ Xxxxxxx Xxxxxxx | |||
Printed:
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Xxxxxxx Xxxxxxx | |||
Its:
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CFO | |||
Date:
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5-19-04 |