Exhibit 10.01
LEASE
THIS LEASE, made and entered into this 26th day of June, 2001, by and
between:
Empire Group, L.L.C.,
a Nebraska Limited Liability Company
by its Manager
First Management, Inc.,
Suite 550-The Center,
0000 Xxxxx 00xx Xxxxxx,
Xxxxx, Xxxxxxxx 00000-0000,
hereinafter called the "Owner", and
iSecureTrac Corp.,
a Delaware Corporation,
with offices at
0000 Xxxxx 000xx Xxxxxx,
Xxxxx, Xxxxxxxx 00000,
hereinafter called the "Tenant".
WITNESSETH: That,
1. PREMISES.
The Owner does hereby lease, demise and let unto the Tenant the following
described premises as they are now constructed:
The "Tenant Area" and a proportionate share of the "common Area", each as
shown on EXIBIT A attached hereto, and situated on the lower level of that
two level Empire Park II building located at 0000 Xxxxx 000xx Xxxxxx, in
Omaha, Nebraska. Said premises contain 3,291 gross square feet of area as
shown on EXHIBIT A attached hereto and by this reference made a part
hereof.
Said premises are a portion of a development known as EMPIRE PARK II,
Omaha, Nebraska.
In addition to the demised premises, Tenant shall enjoy the nonexclusive
use of automobile parking areas, access roads, sidewalks and other common
facilities furnished by Owner, subject to control and reasonable regulation
by Owner.
2. LEASE CONSIDERATION,
The consideration for this lease is the mutual covenants of the parties. As
partial consideration for this lease and annually upon request by the
Owner, the Tenant agrees to furnish Owner a signed current financial
statement reflecting Tenant's financial condition.
As consideration for the preparation of this lease, the Tenant has
delivered to the Owner the sum of $12,000.00 upon execution of this lease,
and Tenant agrees to deliver to the Owner an additional $12,000.00 prior to
Tenant's occupancy of the premises. Said sums to be applied to the first
and subsequent rental due hereunder after this lease is executed by both
parties.
3. TERM.
The term of this lease is four (4) lease years commencing December 1, 2001
and ending November 30, 2005, provided:
a) Tenant shall be permitted to occupy the premises prior to December 1,
2001 upon Owners completion of the construction, of the additional
interior improvements pursuant to Section 21 of this Lease; and
b) This lease shall automatically renew for additional one (1) year
periods from and after the last day of the initial four (4) year term
hereof unless terminated as of the last day of such initial four (4)
year term or as of the last day of any subsequent one (1) year renewal
by either Owner or Tenant giving the other no less than one hundred
twenty (120) days prior written notice.
LEASE YEAR.
The beginning day of the rent shall establish the beginning of each lease
year; and the term of this lease shall run from that day provided, however,
that if the rent beginning date shall fall on any day other than the first
day of the month Tenant shall pay appropriately apportioned rent for such
partial month and the first day of the month next following shall be the
beginning day of the first lease year.
In the event the Tenant remains in possession of the demised premises after
the expiration of this lease and without the execution of a new lease, it
shall be deemed lobe occupying said premises as a Tenant from month to
month. If Tenant does so continue to remain in possession of the demised
premises, the rental shall be at a rate of one and psre-Jsatf4-I.~5 times
that which is specified in Section 4 of this lease; and such occupancy
shall be subject to all of the other conditions, provisions, and
obligations of this lease.
4. RENT.
Tenant shall and hereby agrees to pay to the Owner without demand,
deduction, or setoff, at such place or places as the Owner may designate
from time to time in writing, rent in advance for said premises as follows:
First lease year: $3,016.75 each month.
Second lease year: $3,016.75 each month.
Third lease year: $3,167.59 each month.
Fourth lease year: $3,167.59 each month.
Fifth and subsequent lease
years, if applicable: Prior lease year's monthly rent
increased by 2.5%.
5. USE.
Tenant agrees that the demised premises shall be used and occupied only for
business offices
and for no other purposes without the written consent of the Owner.
Tenant agrees to conduct its business at all times in a responsible and
reputable manner. The Tenant shall promptly comply with all laws affecting
the premises hereby leased and the cleanliness, safety, occupation and use
of same. Tenant shall not use the sidewalks or area adjacent to the demised
premises for business purposes.
6. MAINTENANCE AND CARE OF PREMISES.
The Owner shall at its expense keep the foundation and the exterior of the
load-bearing outer walls of the building in good repair except that the
Owner shall not be called onto make any such repairs occasioned by any act
or omission of the Tenant, its agent or employees or customers. Provided
the Owner shall operate and maintain the building and common facilities of
the development pursuant to Section S, the Owner shall not be called upon
to make any other improvements, repairs or replacement of any kind upon
said premises; and, at the sole cost and expense of the Tenant, said
premises shall at all times be kept in good order, condition and repair by
the Tenant, and shall also be kept in a clean, sanitary and safe condition
and in accordance withal directions, rules and regulations of the health
officer, fire marshal, building inspector or other proper officers of the
governments agencies having jurisdiction. The Tenant shall at its own
expense maintain, repair or replace any glass windows, show window and
doors in or enclosing the demised premises. Tenant shall at its direct cost
and expense, provide janitorial services, routine maintenance and repairs
and replacements to keep and maintain the interior of the demised premises
ins neat and clean condition and at expiration of this lease Tenant shall
surrender the premises in good condition, reasonable wear and tear
excepted. Tenant shall not repartition or otherwise remodel or make any
structural changes in the demised premises without the written consent of
the Owner.
7. COVENANT TO HOLD HARMLESS.
Tenant will indemnify Owner and save it harmless from and against any and
all claims, actions, damages, liability and expense arising from or out of
any occurrence in, about, in connection with, upon oral the demised
premises, arising from or out of the occupancy or use by Tenant of the
demised premises or any part thereof, or occasioned wholly or in part by
any act or omission of Tenant, its agents, contractors, employees,
servants or other representatives.
8. OPERATION AND MAINTENANCE COSTS.
Owner shall operate and maintain the building and the parking, landscape
and other common facilities of the development provided Tenant shall pay
to Owner monthly in advance as additional rents proportionate share as
defined hereinafter of the costs of operating and maintaining the building
and common facilities, excluding only costs attributable to those
items for which Owner is responsible pursuant to Section 6. Common
facilities include without limitation all parking areas, access roads,
sidewalks, restrooms, landscaped space and any other space used in common
or available for use in common by the development tenants or customers,
employees, agents, servants or other invitees of development tenants or the
Owner. Operation and maintenance shall include, but not be limited to,
costs of utilities (excluding those, if any, paid separately by development
tenants) for the building and common facilities, taxes pursuant to Section
IS, costs of defending and preserving common facilities, costs of insurance
provided by Owner pursuant to Section 14, losses attributable to operation
of common facilities, Owner's costs for maintenance, repairs and
replacements of the plumbing, electrical, heating, cooling, and other
non-structural systems of the building and common facilities including the
cost of labor and personnel to implement such services, management fees
relating to the development, and as an addition to the foregoing and as
part of the costs to be paid by the Tenant for operation and maintenance of
the building and common facilities, fifteen percent(l5%) added to the total
to cover administration. Operation and maintenance costs to be apportioned
hereunder shall not include capital improvements to the development,
alterations made for specific tenants, depreciation of the development,
interest or debt service on the development, leasing or brokerage
commissions, the cost of structural repairs to the building, income taxes
of the Owner, nor costs paid by tenants directly to third parties for
janitorial, routine maintenance or repairs and replacements to tenant
premises.
Apportionment of the operation and maintenance costs shall be made on the
basis of square feet of floor area herein demised to Tenant as related to
the total of 12,000 square feet of floor area in the development. Operation
and maintenance costs shall be determined on an annual basis for each
calendar year and Tenant's pro rats share shall be prorated on a daily
basis for any partial calendar year of thin lease term. Tenant shall pay
FOUR HUNDRED SEVENTY-FIVE AND NO/100 Dollars ($475.00), per month, on the
first of each month in advance with rent for Tenant's estimated pro rats
share of operation and maintenance costs. Owner may, upon written notice
to Tenant, change this amount as of January 1st of any calendar year to
reflect Owner's estimate of operation and maintenance costs for the
following year. At the end of each year. an analysis of the year's total
operation and maintenance costs shall be presented to Tenant and Tenant
shall pay the amount, if any, by which the Tenant's pro rats share of
actual costs for the year exceeds the amount of the estimated costs paid by
Tenant; such adjustment amount to be paid by Tenant within thirty (30) days
after Tenant's receipt of the analysis. In the event this lease terminates
at any time other than the last day of the calendar year, the adjustment to
actual costs shall be determined as of the date of termination. If Tenant's
payments of estimated costs exceed the amount due for actual costs for any
calendar year, Owner shall, provided Tenant is not then in default under
thin lease, apply the excess as a credit against Tenant's obligations next
due under this lease or promptly refund such excess to Tenant if the term
of this lease has already expired, in either case without interest to
Tenant.
9. UTILITIES.
The Owner agrees to provide the existing mains and conduits to the demised
premises in order that the existing utilities may be supplied. In addition
to the rent, Tenant shall pay Owner monthly for all water, gas,
electricity, sewer use fees or other utilities used or incurred at or
prorated to tire premises provided if any of such utilities are separately
metered or
measured to Tenant directly by the utility service provider, then Tenant
shall pay such service provider directly, when due, for such utilities. The
Owner shall not be liable in damages or otherwise for any failure or defect
in the furnishing of any of the above utilities, the furnishing of heating
or cooling, or for any interruption due to civil insurrection, war, fire,
accident, strike, riot, act of God, tire making of necessary repairs or
improvements, or any other causes beyond the control of the Owner.
10. PARKING OF EMPLOYEES' CARS.
The Tenant and its employees may at their own risk park their motor
vehicles on the development parking areas. Owner shall have the right upon
notice to Tenant to designate specific areas of parking for Tenant and its
employees. Tenant further agrees to furnish to Owner upon request the
license numbers assigned to its motor vehicles and the motor vehicles of
its employees. Tenant agrees to pay to the Owner costs, if any, incurred in
the enforcement of parking rules providing such violations and such costs
are attributable to a violation by Tenant, `tenant's agents, or Tenant's
employees.
11. ASSIGNMENT.
The Tenant agrees that it will not assign or in any manner transfer this
lease or any part thereof or any interest or estate therein without the
previous written consent of the Owner, nor shall the Tenant sublet the
demised premises or any part thereof.
12. ACCESS TO PREMISES.
The Owner shall have the right to enter upon the demised premises at all
reasonable hours for the purpose of inspecting the same or adding or
rerouting pipes, sprinkler systems, smoke detection systems, heat or fire
detection systems or equipment, conduits or drains to serve the demised
premises or premises other than the demised premises or for making repairs,
additions or alterations, providing such adding or rerouting shall be
handled so as to interfere as little as possible with the Tenant's use of
the premises and Owner shall repair any damage caused by such work. The
exercise of said right by Owner shall not give rise to any claim by Tenant
for damages, and Tenant expressly waives any such claim or claims. If the
Owner deems any repairs required to be made by the Tenant necessary, it may
demand that the Tenant make the same forthwith.
For a period commencing one year prior to the termination of this lease,
the Owner may have reasonable access to tire premises herein demised for
the purpose of exhibiting the same to prospective tenants.
13. NONLIABILITY OF OWNER.
The Owner shall not be responsible or liable to the Tenant for any loss or
damage that may be occasioned by or through the acts or omissions of
persons occupying premises above, below, adjoining or in any other part of
the building of which the demised premises are a part or for any loss or
damage resulting to the Tenant or its property from bursting, stoppage or
leaking water, gas, sewer or other pipes. Owner and Tenant each waive all
right of recovery from the other of loss or damage to the extent the same
is covered by insurance.
14. INSURANCE.
Tenant at its expense at all times during the term of this lease shall
provide end maintain with respect to the demised premises comprehensive
general public liability insurance on an occurrence basis in form
customarily written for protection of tenants and owners. Such
comprehensive insurance shall protect and be written to show Tenant and
Owner as the named insureds and shall provide coverage of at least One
Million Dollars ($1,000,000), single limit, for injuries to any one person,
for injuries to persons in any one occurrence and for damage to property.
Such minimums of insurance coverage shall not limit Tenant's liability
under Section 7 hereinabove. The Tenant shall provide Owner with current
certificates or duplicate policies of all such insurance required of
Tenant, which certificates or policies shall include provisions that the
coverage cannot be amended or cancelled without the giving of ten (10)
days' prior written notice to the Owner. All property kept, stored or
maintained in the demised premises shall be so kept, stored or maintained
at the rink of the Tenant only.
Owner at all times during the term of this lease shall secure (a)
comprehensive general public liability insurance with respect to the
parking area and other common facilities of the development providing
coverage of not less than One Million Dollars ($l,000,000), single limit,
for injuries to any one person, for injuries to persons in any one
occurrence and for damage to property, b) casualty insurance with respect
to the demised premises providing coverage against fire, vandalism,
malicious mischief and such other perils as are from time to time included
in a standard extended coverage endorsement, or such broader form of
coverage as Owner may select, insuring the insurable building improvements
and including sprinkler leakage insurance, if applicable, and loss of rents
insurance; and (c) such other insurance as Owner shall deem prudent with
respect to the development. Owner shall not be liable for nor responsible
to insure the fixtures, inventories, equipment or any other property of
Tenant or any other occupant of the development.
If the demised premises become untenantable because of fire or other
casualty insurable under standard fire and extended coverage insurance
required to be maintained by Owner or Tenant, the same shall be repaired as
speedily as possible in accordance with the respective covenants to insure
provided, however, if more than fifty percent (50%) of the floor area of
the development becomes untenantable because of such fire or other casualty
or if less than five (5) years of the original term of this lease remain
from the date of such flee or other casualty, the Owner may, if it so
elects, give notice to Tenant in writing terminating this lease. If the
demised premises become untenantable because of any damage or destruction
not insurable under standard fire and extended coverage insurance, the
Owner may, if it so elects, give notice to Tenant in writing terminating
this lease. Rent shall be abated during the period of any untenantability.
15. TAXES.
Tenant shalt be liable foe anti shall pay before delinquent alt taxes
levied against or for any leasehold interest or on Tenant's right to occupy
the demised premises or on personal property and trade fixtures of whatever
kind and to whomever belonging situated or installed in or upon the demised
premises. If any suds taxes are levied against Owner or Owner's property or
if the assessed value of Owner's property is increased by inclusion of
personal
property and trade fixtures in the demised premises and Owner elects to pay
the taxes based on such increase, Tenant shall pay Owner upon demand that
part of such taxes for which Tenant is primarily liable hereunder.
Subject to the preceding paragraph and Tenant' a pro rats participation,
pursuant to Section 8, in the cost thereof, the Owner shall pay, when due,
all taxes on or applicable to the development. For the purposes hereof, the
Semi "taxes' shall include all real estate taxes, assessments, and other
governmental impositions and charges of every kind and nature whatsoever,
extraordinary as well as ordinary, foreseen and unforeseen, and each and
every installment thereof, which shall or may during the term of this lease
be levied, assessed, imposed, become due and payable, become liens upon,
arise in connection with the use, occupancy or possession of, or grow due
or payable out of, or foe, the development or any part thereof, or any
land, buildings or other improvements therein. Tenant shall not institute
any proceedings with respect to the assessed valuation of the development
or any part thereof for the purpose of securing a tax reduction. Owner, at
Owner's sole discretion, may apply for a reduction or correction of any
assessment and may appeal or contest any assessment provided all costs and
expenses (including attorneys' and appraisers' fees) of such application,
appeal or contest shall be, and are hereby specifically agreed to be,
included in the definition of "taxes" under this section.
Nothing herein contained shall be construed to include as "taxes" any
inheritance, estate, succession, transfer, gift, franchise, corporation,
income or profit tax or capital levy that is or may be imposed upon Owner;
provided, however, that if at any time the methods of taxation prevailing
at the commencement of the term of this lease shall be altered so that in
lieu of or as a supplemental, additional or alternative tax for the whole
or any part of the taxes now levied, assessed or imposed on real estate an
such there shall be levied, assessed or imposed any substitute,
supplemental, additional or alternative tax or license fee imposed upon
Owner which is otherwise measured by or based in whole or in part upon tire
development or any portion thereof, then the same shall be included in the
computation of taxes hereunder.
16. TENANT'S DEFAULT IN PAYMENTS.
If any rent or other sums due and payable under this lease are not paid by
the Tenant within ten (10) days after same are due and payable, a late fee
of $200.00 may be added to the amount otherwise due and shall in addition
to such increased rent bear interest at the maximum rate allowed by law
from ten (10) days after same are due and payable until paid.
If any rent or any other sums payable by Tenant hereunder shall remain
unpaid twenty (20) days after same are due and payable, or if Tenant shall
default or violate any lease provision involving conditions other than
payment of remit or charges and such default or violation continues twenty
(20) days after written notice thereof from Owner to Tenant, then it shall
be optional for the Owner to re-enter the demised premises, with or without
process of law, declare this lease forfeited and said term ended.
Thereupon, Tenant shall, within ten (10) days, vacate the premises at
Tenant's sole expense. But not withstanding such re-entry by the Owner, the
liability of the Tenant for all amounts due under this lease and all other
covenants for the balance of the lease term shall not be relinquished or
extinguished.
17. SUCCESSORS.
All rights and liabilities herein given to or imposed upon the respective
parties hereto shall extend to and bind the respective heirs, executors,
administrators, legal representatives, successors, and assigns of said
parties. No rights, however, shall inure to the benefit of any assignee of
the Tenant unless the assignment to such assignee has been approved by
Owner in writing as required in Section II. Owner may assign its rights
under this lease as security to the holder of any mortgage, trust deed, or
other encumbrance now or hereafter in force against all or any part of the
development and upon request of Owner, Tenant will subordinate and attorn
its rights hereunder to the holder of any such mortgage, trust deed, or
other encumbrance.
18. NOTICES.
Whenever under this lease a provision is made for notice of any kind, it
shall be deemed sufficient notice and service thereof if such notice to the
Tenant is in writing addressed to the Tenant at
the leased premises
or at the last office address of Tenant and sent by certified mail with
postage prepaid, and if such notice to the Owner is in writing, addressed
to the Owner at Suite 550-The Center, 0000 Xxxxx 00xx Xxxxxx, Xxxxx,
Xxxxxxxx 00000-0000, and sent by certified mail with postage prepaid.
Notice served by Certified mail shall be deemed received five (5) days
after mailing.
19. SIGNATURES OF BOTH PARTIES.
This lease shall not be in effect or binding upon either party until it is
signed by both parties.
20. OTHER AGREEMENTS.
The Tenant and the Owner hereby agree that this lease as written represents
the entire agreement between the parties and there are no other agreements,
written or verbal, between the parties hereto, except for the attached
ADDENDUM TO LEASE.
21. CONSTRUCTION OF PREMISES.
Owner has completed the construction of the building containing the demised
premises and has completed construction of all parking and common
facilities for the development. Owner' s responsibility for construction of
additional interior improvements within the Tenant Area shall consist of
the following:
A. Interior partitions with doors and doorways as shown on
EXHIBIT A. All walls shall be taped and sanded drywall painted
two coats in colors selected by Tenant.
X. Xxxxxxx-countertops with a wet sink shall be installed at the
East end of the premises as shown on EXHIBIT A.
C. Ceiling shall be 2' X 4' suspended grid xxxxx lay-in acoustical
panels.
D. General illumination lighting shall be 2' X 4' fluorescent lay-in
fixtures.
E. Rooftop heating and cooling units shall be complete with controls
and distribution
system. Electricity arid gas shall be separately metered and paid
for directly by Tenant.
F. All areas shall be carpeted, based upon a carpet allowance of
$12.00 per square yard installed.
All other improvement work not specified above shall be the responsibility
of Tenant.
IN WITNESS WHEREOF, the Owner and the Tenant have executed this lease on the
day and year first above written.
EMPIRE GROUP, L.L.C,
By its Manager,
First Management, Inc.
____________________________________________
President
OWNER
Attest:
_______________________________
Asst. Secretary
iSECURETRAC, CORP.
____________________________________________
TENANT
Attest:
_______________________________
Secretary
STATE OF NEBRASKA )
COUNTY OF XXXXXXX )
On this 16th day of July, 2001, before me, a notary public in and for said
county and state, personally appeared XXXXXXX XXXXXXXX and XXXXX XXXXX, to me
personally known, who being by me duly sworn did say that they are respectively
the PRESIDENT and SECRETARY of said FIRST MANAGEMENT, INC. and that the seal, if
affixed to said instrument, is the seal of said corporation and that said
instrument was executed in behalf of said corporation by authority of its Board
of Directors; and said XXXXXXX XXXXXXXX and XXXXX XXXXX acknowledged the
execution of said instrument to be the voluntary act and deed of said
corporation.
Witness my hand and notarial seal the day and year last above written.
____________________________________________
Notary Public
STATE OF NEBRASKA )
COUNTY OF XXXXXXX )
On this 10th day of July 2001, before me, a notary public iii and for said
county and state, personally appeared XXXXX X. XXXXX to me personally known, who
being by me duly sworn did say that they are the VICE PRESIDENT and SECRETARY of
said ISECURETRAC, CORP., and that the seal, if affixed to said instrument, is
the seal of said corporation and that said instrument was executed in behalf of
said corporation by authority of its Board of Directors; and said XXXXX X. XXXXX
acknowledged the execution of said instrument to be the voluntary act and deed
of said corporation.
Witness my hand and notarial seal the day and year last above written.
____________________________________________
Notary Public
ADDENDUM TO LEASE
Empire Group, L.L.C. ("Owner") and iSecureTrac Corp. ("Tenant"), the
undersigned hereto, being parties to that certain Lease, made and entered into
as of June 26, 2001 (the "Lease"), desire to amend and modify the Lease,
effective as of the date of execution of the Lease, as described below.
Therefore, notwithstanding any terms to the contrary contained in the
Lease, Owner and Tenant agree as follows:
1. Certain interlinear changes to the Lease have been on all signed copies of
the Lease prior to execution and have been initialed by the parties. The parties
agree that any such interlinear changes shall be deemed valid and enforceable as
though originally written in the Lease.
2. Owner will indemnify Tenant and save it harmless from and against any and all
claims, actions, damages, liability and expense arising from or out of any
negligent act or omission of Owner, its agents, contractors, employees, servants
or other representatives.
3. Provided Tenant is not in default under the terms of the Lease, Tenant's
right of quiet enjoyment of the demised premises to conduct its business affairs
without undue interference from Owner, its agents, contractors, employees,
servants, other representatives and Owner's other tenants shall not be abridged
by Owner, and Owner shall use all reasonable means to estop other tenants
occupying adjoining space from unduly interfering with Tenant's rights
hereunder.
4. Tenant shall not be required to pay an actual operating and maintenance cost
adjustment amount at the end of each year (Tenant Costs), as described in
Section 8 of the Lease, that exceeds the estimated monthly Tenant Costs paid by
Tenant during such year by more than twenty percent (20%).
5. Tenant Costs shall not be increased by more than twenty percent (20%) per
year.
6. Owner shall use its best efforts to give Tenant reasonable notice prior to
entering demised premises at any time.
7. In the event that Tenant shall lose the use of all or any part of the demised
premises due to fire, casualty, condemnation, or similar cause beyond the
control of and through no fault of Tenant, its agents, employees,
representatives, vendors, contractors or customers, the pro rata rent for such
part of the demised premises as are no longer tenable and for as long as such
part is no longer tenable shall be abated.
IN WITNESS WHEREOF, the parties have caused this Addendum to the Lease to
be executed in their respective corporate names and by their respective
authorized officers duly empowered to sign and bind their corporation.
OWNER: TENANT:
Empire Group, L.L.C. iSecureTrac Corp.
By its Manager
First Management, Inc.
By: By:
----------------------------- ----------------------------------
Name: Name:
-------------------------- ---------------------------------
Title: President Title: Vice President & CFO
----------------------- -----------------------------
FIRST AMENDMENT TO LEASE
THIS AMENDMENT TO LEASE is made and entered into on this 19th day of
November, 2001, by and between EMPIRE GROUP, L.L.C., a Nebraska Limited
Liability Company, by its Manager First Management, Inc., with offices at 0000
Xxxxx 00xx Xxxxxx, Xxxxx 000, Xxxxx, Xxxxxxxx 00000-0000, hereinafter called
`Owner", and ISECURETRAC CORP., a Delaware Corporation with offices at 0000
Xxxxx 000xx Xxxxxx, Xxxxx 000, Xxxxx, Xxxxxxxx 00000, hereinafter called
"Tenant";
WHEREAS, Owner and Tenant entered into a lease dated June 26, 2001,
demising 3,291 square feet of area in the lower level of that two-level EMPIRE
II building located at 0000 Xxxxx 000xx Xxxxxx in Omaha, Xxxxxxx County,
Nebraska; and
WHEREAS, Owner and Tenant now desire to amend said lease to expand the
premises demised thereunder.
NOW THEREFORE, Owner and Tenant agree that as of December 1, 2001 said
lease is amended as follows:
ONE On page 1, delete the typed premises description in Section 1 and
substitute therefore the following:
"The lower level of that two level Empire Park II office building
located at 5022 South 114th Street, in Omaha, Nebraska. Said
premises contain 6,000 gross square feet of area as shown on
EXHIBIT A-I attached hereto and by this reference made a part
hereof. The previously demised 3,291 square feet of the demised
premises are hereby leased as now constructed. The 2,709 square
feet of expanded area now added to the demised premises shall be
further improved by Owner in accordance with Lease Section 21 as
amended herein"
TWO On page 1, add to the provisions of Section 2 the following:
"As consideration for the preparation of this Amendment, the Tenant
shall deliver to the Owner the sum of $32,000.00 upon execution of
this Amendment, and
$22,000.00 of said sum shall be applied to the first and subsequent
rental due hereunder after this Amendment is executed by both
parties."
THREE On page 2, delete the typed rent provisions in Section 4, and
substitute therefore the following:
"First three months of first lease year: $3,016.75 each month.
Last nine months of first lease year: $5,500.00 each month.
Second lease year: $5,500.00 each month.
Third lease year: $5,775.00 each month.
Fourth lease year: $5,775.00 each month.
Fifth and subsequent lease years,
if applicable: Prior lease year's
monthly rent
increased by 2.5%."
FOUR On page 3, delete the amount of "Four Hundred Seventy-Five and
no/l00 Dollars ($475.00)" and substitute therefore the amount of
"Eight Hundred Sixty-Five and no/100 Dollars ($865.00)".
FIVE On page 5, delete the typed construction provisions in Section 21,
and substitute therefore the following:
"Owner has completed the construction of the building containing
the demised premises, the construction of all parking and common
facilities for the development and the construction of the interior
improvements within the previously demised 3,291 square feet of the
demised premises. Owner's responsibility for construction of
additional interior improvements within the 2,709 square feet of
expanded Tenant Area now added to the demised premises shall
consist of the following:
A. Interior partitions with doors and doorways as shown oil Exhibit A-I. All
walls shall be taped and sanded drywall painted two coats in colors selected by
Tenant.
B. Ceiling shall be 2'X 4' suspended grid with lay-in acoustical
panels.
C. General illumination lighting shall be 2' X 4' fluorescent
lay-in fixtures.
D. Rooftop heating. and cooling units shall he complete with
controls and distribution system. Electricity and gas shall be
separately metered and paid for directly by Tenant.
E. All areas shall be carpeted, based upon a carpet allowance of
$12.00 per square yard installed."
Except as herein amended, said lease is in all respects hereby ratified and
confirmed.
EMPIRE GROUP, L.L.C,
By its Manager,
First Management, Inc.
____________________________________________
President
OWNER
Attest:
_______________________________
Secretary
iSECURETRAC, CORP.
____________________________________________
TENANT
Attest:
_______________________________
Secretary
STATE OF NEBRASKA )
)
COUNTY OF XXXXXXX )
On this 29th day of March, 2001, before me, a notary public in and for said
county and state, personally appeared XXXXXXX XXXXXXXX and XXXXX X. XXXXX, to me
personally known, who being by me duly sworn did say that they are respectively
the PRESIDENT and SECRETARY of said FIRST MANAGEMENT, INC. and that the seal, if
affixed to said instrument, is the seal of said corporation and that said
instrument was executed in behalf of said corporation by authority of its Board
of Directors; and said XXXXXXX XXXXXXXX and XXXXX X. XXXXX acknowledged the
execution of said instrument to be the voluntary act and deed of said
corporation.
Witness my hand and notarial seal the day and year last above written.
____________________________________________
Notary Public
STATE OF NEBRASKA )
)
COUNTY OF )
On this 19th day of November, 2001, before me, a notary public in and for
said county and state, personally appeared XXX XXXXX and XXXX XXXXX to me
personally known, who being by me duly sworn did say that they are the President
and Secretary of said ISECURETRAC CORP. and that the seal, if affixed to said
instrument, is the seal of said corporation and that said instrument was
executed in behalf of said corporation by authority of its Board of Directors;
and said XXX XXXXX and XXXX XXXXX., acknowledged the execution of said
instrument to be the voluntary act and deed of said corporation.
Witness my hand and notarial seal the day and year last above written.
____________________________________________
Notary Public
