LEASE AMENDMENT NUMBER I
BEAUTICONTROL COSMETICS, INC.
XXXXXXX REUNION DFW INDUSTRIAL LIMITED
CARROLLTON, TEXAS
MARCH 13,1995
THIS FIRST AMENDMENT TO THE LEASE AGREEMENT (the "Amendment") is
made and entered into this 13th day of March, 1995, by and
between Xxxxxxx Reunion DFW Industrial Limited (the "Lessor") and
Beauticontrol Cosmetics, Inc. (the "Lessee").
WITNESSETH
WHEREAS, Crow Deansbank No. 7 ("Prior Lessor") and Lessee entered
into a Lease Agreement (the "Lease Agreement") dated June 6, 1990
pertaining to certain space (102,053) located at 0000 Xxxxxxxxx,
Xxxxx 000, Xxxxxxxxxx, Xxxxx (the "Premises"); and,
WHEREAS, Lessor acquired the property in March, 1992 and
succeeded to all rights and obligations of Lessor under the
Lease; and,
WHEREAS, Lessor and Lessee hereby express their mutual desire and
intent to further amend the lease.
NOW THEREFORE, for and in consideration of the mutual covenants
and agreements herein set forth and other good and valuable
consideration, the receipt and adequacy of which are hereby
acknowledged, Lessor and Lessee agree to the following
modifications:
The Lease is hereby renewed and extended for twenty-four
(24) months, commencing on October 1, 1997 and terminating
on September 30, 1999 (the "Extension Period"). Monthly Base
Rental (herein so called) during the Extension Period shall
be Thirty-Three Thousand One Hundred Sixty-Seven and 23/100
Dollars ($33,167.23). Lessee will pay its pro rata share of
taxes, utilities, insurance and common area maintenance
expenses (collectively, the "Expenses") as defined in the
Lease Agreement.
2. Section 28. Renewal Option of the Lease Agreement shall be
deleted in its entirety and replaced with the following:
Section 28. Renewal Option. Provided the Lessee is not in
default of any of the terms, covenants and conditions
hereof, and except as permitted by Paragraph 14.E. and
14.F., this Lease has not been assigned or the Premises (or
a part thereof) sublet, Lessee shall have the right and
option to extend the term of this Lease for one further term
of sixty (60) months. Such extension of the term shall be at
the fair market rental then in effect on equivalent
properties, of equivalent size and in equivalent areas.
Lessee shall deliver written notice to Lessor of Lessee's
intent to exercise the renewal option granted herein not
more than six (6) months nor less than four (4) months
prior to the expiration of the Extension Period of this
Amendment. In the event lessee fails to deliver such
written notice within the time period set forth above,
Lessee's right to extend the term hereof shall expire and be
of no further force and effect.
Lease Amendment 1--BEAUTICONTROL COSMETICS, INC.
Page: 2
3. Section 32. First Right of Refusal. Upon the termination
of the Xxxxxxx Texas lease agreement, Lessee will have a First
Right of Refusal on the adjacent space of 12,839 square feet.
lessee's option on the space will be at the fair market rental
then in effect on equivalent properties, of equivalent size and
in equivalent areas.
4. Except as provided herein, the Lease, as amended by this
Amendment, shall remain unchanged and in full force and effect.
IN WITNESS WHEREOF, this Amendment has been executed by the
parties hereto on the 13th day of March, 1995.
LESSEE: BEAUTICONTROL COSMETICS, INC.
BY: /S/ XXXXXX X. XXXXX
XXXXXX X. XXXXX
VICE PRESIDENT OF MANUFACTURING
AND DISTRIBUTION
LESSOR: XXXXXXX REUNION DFW INDUSTRIAL LIMITED
BY: XXXXXXX PROPERTIES, its managing partner
BY: /S/ XXXXXXX X. XXXXXXXX
XXXXXXX X. XXXXXXXX
PARTNER
