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Exhibit 10.73a
LEASE AMENDMENT NO. 1
This Lease Agreement No. 1 (this "Amendment") is dated for reference purposes
only as of May 6, 1999, and is by and between Realty Income Corporation, a
Maryland corporation ("Landlord") and Monro Muffler Brake, Inc., a New York
corporation ("Tenant") with reference to the following recitals:
RECITALS
A. Landlord and Tenant entered into that certain Lease dated March 29,
1999 (the "Lease"), in connection with that certain real property, the
legal description of which is attached to the Lease as Exhibit "A,"
commonly referred to as:
Monro Muffler Brake Shop #000
0000 Xxxxxx Xxxx
Xxxx Xxxxxxxx, XX 00000
B. The Lease incorrectly stated the term of the Lease as eleven (11)
years and six (6) months.
C. Tenant (as "Seller") and Landlord (as "Buyer") contemporaneously with
the execution of this Amendment, are entering into a certain Amendment
to Purchase Agreement and Escrow Instructions of even date herewith
(the "Purchase Agreement Amendment") pursuant to which Seller shall
pay to Buyer the sum of Sixty-three Thousand Four Hundred Sixty-two
Dollars ($63,462), reflecting a refund due Buyer resulting from a
correction in the Purchase Price, all as more particularly set forth
in the Purchase Agreement Amendment. The parties hereto have agreed to
amend the rent payable by Tenant pursuant to the Lease to reflect said
refund.
NOW THEREFORE, in consideration of the mutual covenants contained herein
and other good valuable consideration the receipt and sufficiency of which
is hereby acknowledged, the parties agree as follows:
AMENDMENT
1. Xxxxxxx 0, Xxxx and Rent Commencement, shall be deleted in its
entirety and shall be replaced with the following:
"The term of this Lease shall be for eleven (11) years and three (3) months
and shall commence the day the Landlord takes title to the Leased Premises
(the "Rent Commencement Date")."
1. "Monthly Rent: First Five (5) Lease Years" as set forth in Section 4,
Rent, shall be deleted and shall be replaced with the following:
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"During the first five (5) lease years (the "First Five Lease Years"),
Tenant shall pay Landlord monthly rent (the "Monthly Rent") as
follows:
MONTHS PER MONTH
1 through 60 $5,968.39"$4,326.83"
2. Except as specifically amended herein, all terms and conditions of the
Lease shall remain in full force and effect.
3. This Amendment may be executed in any number of counterparts, each of
which shall b deemed an original. The counterparts shall together
constitute but one agreement.
4. The effective date of this Amendment shall be the later of the date
upon which this Amendment or the Purchase Agreement Amendment is last
executed by Seller or Buyer.
LANDLORD: TENANT:
-------- ------
Realty Income Corporation, Monro Muffler Brake, Inc.,
a Maryland corporation a New York corporation
By: By:
------------------------------- ------------------------------
Date: Date:
----------------------------- -----------------------------
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AMENDMENT TO PURCHASE AGREEMENT AND ESCROW INSTRUCTIONS
This Amendment to Purchase Agreement and Escrow Instructions (this
"Amendment") is dated for reference purposes only as of May 6, 1999, and is by
and between Monro Muffler Brake, Inc., a New York corporation ("Seller"), and
Realty Income Corporation, a Maryland corporation ("Buyer") with reference to
the following recitals:
RECITALS
A. Seller and Buyer entered into that certain Purchase Agreement and
Escrow Instructions dated March 24, 1999 (the "Purchase
Agreement"), in connection with that certain real property, the
legal description of which is attached to the Purchase Agreement
as Exhibit "A," commonly referred to as:
Monro Muffler Brake Shop #000
0000 Xxxxxx Xxxx
Xxxx Xxxxxxxx, XX 00000
B. The Purchase Price (as such term is defined in Section 1 of the
Purchase Agreement) was incorrectly stated as Seven Hundred
Fifty-four Thousand Five Hundred Seventy-eight Dollars ($754,578).
C. Notwithstanding that the closing (as defined in Section 8.1 of the
Purchase Agreement) preceded this Amendment, Seller and Buyer
desire to amend the purchase Agreement as more particularly set
forth herein.
NOW THEREFORE, in consideration of mutual covenants contained herein
and other good and valuable consideration the receipt and sufficiency
of which is hereby acknowledged, the parties agree as follows:
AMENDMENT
1. Xxxxxxx 0, Xxxxxxxx Price, shall be deleted in its entirety and
shall be replaced with the following:
"In consideration of the covenants contained in this Agreement, Seller
shall sell and Buyer shall purchase the Property for a total purchase
price of Six Hundred Ninety-one Thousand One Hundred Sixteen Dollars
($691,116) (the "Purchase Price") which shall be delivered by Buyer to
Escrow Agent on or before the Closing in Cash (defined as (I) United
States currency, (ii) cashier's or certified check(s) currently dated,
payable to Escrow Agent, and honored upon presentation for payment,
(iii) an amount credited by wire transfer into Escrow Agent's bank
account, or (iv) if monies are deposited with Escrow Agent within
twenty (20) days prior to the Closing, funds in such form as Escrow
Agent in its sole discretion requires)."
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2. Seller and Buyer acknowledge Buyer paid the sum of Seven Hundred
Seventy-two Thousand Five Hundred Seventy-eight Dollars ($772,578)
on March 31, 1999 in accordance with the terms of the Purchase
Agreement. Notwithstanding anything contained in the Purchase
Agreement to the contrary, Seller shall pay to the Buyer the sum
of Sixty-three Thousand Four Hundred Sixty-two Dollars ($63,462)
as soon as reasonably possible following the date upon which this
Amendment is last executed by Seller or Buyer.
3. Except as specifically amended herein, all terms and conditions of
the Purchase Agreement shall remain in full force and effect.
4. This Amendment may be executed in any number of counterparts, each
of which shall be deemed an original. The counterparts shall
together constitute but one agreement.
5. The effective date of this Amendment shall be the date upon which
this Amendment is last executed by Seller or Buyer.
SELLER: BUYER:
Monro Muffler Brake, Inc., Realty Income Corporation,
a New York corporation a Maryland corporation
By: By:
--------------------------------- ----------------------------
Date: Date:
------------------------------- ---------------------------
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LEASE AMENDMENT NO. 1
This Lease Agreement No. 1 (this "Amendment") is dated for reference purposes
only as of May 6, 1999, and is by and between Realty Income Corporation, a
Maryland corporation ("Landlord") and Monro Muffler Brake, Inc., a New York
corporation ("Tenant") with reference to the following recitals:
RECITALS
A. Landlord and Tenant entered into that certain Lease dated March
29, 1999 (the "Lease"), in connection with that certain real
property, the legal description of which is attached to the Lease
as Exhibit "A," commonly referred to as:
Monro Muffler Brake Shop #000
000 Xxxxxxxx Xxxxxx
Xxxxxxxxx, XX 00000
B. Tenant (as "Seller") and Landlord (as "Buyer") contemporaneously
with the execution of this Amendment, are entering into a certain
Amendment to Purchase Agreement and Escrow Instructions of even
date herewith (the "Purchase Agreement Amendment") pursuant to
which Seller shall pay to Buyer the sum of Eighty-two Thousand One
Hundred Seventy-seven Dollars ($82,177), reflecting a refund due
Buyer resulting from a correction in the Purchase Price, all as
more particularly set forth in the Purchase Agreement Amendment.
The parties hereto have agreed to amend the rent payable by Tenant
pursuant to the Lease to reflect said refund.
NOW THEREFORE, in consideration of the mutual covenants contained
herein and other good valuable consideration the receipt and
sufficiency of which is hereby acknowledged, the parties agree as
follows:
AMENDMENT
1. "Monthly Rent: First Five (5) Lease Years" as set forth in
Section 4, Rent, shall be deleted and shall be replaced with the
following:
"During the first five (5) lease years (the "First Five Lease Years"),
Tenant shall pay Landlord monthly rent (the "Monthly Rent") as
follows:
MONTHS PER MONTH
1 through 60 $4,326.83"
2. Except as specifically amended herein, all terms and conditions
of the Lease shall remain in full force and effect.
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3. This Amendment may be executed in any number of counterparts, each
of which shall b deemed an original. The counterparts shall
together constitute but one agreement.
4. The effective date of this Amendment shall be the later of the
date upon which this Amendment or the Purchase Agreement Amendment
is last executed by Seller or Buyer.
LANDLORD: TENANT:
--------- -------
Realty Income Corporation, Monro Muffler Brake, Inc.,
a Maryland corporation a New York corporation
By: By:
----------------------- ----------------------
Date: Date:
--------------------- ---------------------
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AMENDMENT TO PURCHASE AGREEMENT AND ESCROW INSTRUCTIONS
This Amendment to Purchase Agreement and Escrow Instructions (this
"Amendment") is dated for reference purposes only as of May 6, 1999, and is by
and between Monro Muffler Brake, Inc., a New York corporation ("Seller"), and
Realty Income Corporation, a Maryland corporation ("Buyer") with reference to
the following recitals:
RECITALS
A. Seller and Buyer entered into that certain Purchase Agreement and
Escrow Instructions dated March 24, 1999 (the "Purchase
Agreement"), in connection with that certain real property, the
legal description of which is attached to the Purchase Agreement
as Exhibit "A," commonly referred to as:
Monro Muffler Brake Shop #368
000 Xxxxxxxx Xxxxxx
Xxxxxxxxx, XX 00000
B. The Purchase Price (as such term is defined in Section 1 of the
Purchase Agreement) was incorrectly stated as Five Hundred
Seventy-eight Thousand Two Hundred Fifty-six Dollars ($578,256).
C. Notwithstanding that the closing (as defined in Section 8.1 of the
Purchase Agreement) preceded this Amendment, Seller and Buyer
desire to amend the purchase Agreement as more particularly set
forth herein.
NOW THEREFORE, in consideration of mutual covenants contained herein
and other good and valuable consideration the receipt and sufficiency
of which is hereby acknowledged, the parties agree as follows:
AMENDMENT
1. Xxxxxxx 0, Xxxxxxxx Price, shall be deleted in its entirety and
shall be replaced with the following:
"In consideration of the covenants contained in this Agreement, Seller
shall sell and Buyer shall purchase the Property for a total purchase
price of Four Hundred Ninety-six Thousand Seventy-nine Dollars
($496,079) (the "Purchase Price") which shall be delivered by Buyer to
Escrow Agent on or before the Closing in Cash (defined as (I) United
States currency, (ii) cashier's or certified check(s) currently dated,
payable to Escrow Agent, and honored upon presentation for payment,
(iii) an amount credited by wire transfer into Escrow Agent's bank
account, or (iv) if monies are deposited with Escrow Agent within
twenty (20) days prior to the Closing, funds in such form as Escrow
Agent in its sole discretion requires)."
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2. Seller and Buyer acknowledge Buyer paid the sum of Five Hundred
Ninety-six Thousand Two Hundred Fifty-six Dollars ($596,256) on
March 31, 1999 in accordance with the terms of the Purchase
Agreement. Notwithstanding anything contained in the Purchase
Agreement to the contrary, Seller shall pay to the Buyer the sum
of Eighty-two Thousand One Hundred Seventy-seven Dollars ($82,177)
as soon as reasonably possible following the date upon which this
Amendment is last executed by Seller or Buyer.
3. Except as specifically amended herein, all terms and conditions of
the Purchase Agreement shall remain in full force and effect.
4. This Amendment may be executed in any number of counterparts, each
of which shall be deemed an original. The counterparts shall
together constitute but one agreement.
5. The effective date of this Amendment shall be the date upon which
this Amendment is last executed by Seller or Buyer.
SELLER: BUYER:
Monro Muffler Brake, Inc., Realty Income Corporation,
a New York corporation a Maryland corporation
By: By:
-------------------------- -----------------------------
Date: Date:
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