Contract
THIS
FIRST AMENDMENT TO LEASE AGREEMENT (“Amendment”)
is made
this 14th
day of
June, 1999, between CRESCENT
RESOURCES, INC.
(“Landlord”) and
OUTBACK
STEAKHOUSE, INC.,
a
Florida corporation, (“Tenant”).
RECITALS
WHEREAS,
Landlord and Tenant entered into that certain Lease
Agreement
(the
“Lease”) dated as of September 10, 1998, whereby Landlord leased to Tenant, and
Tenant leased from Landlord, that certain space more particularly described
in
the Lease as the “Premises”, within that certain building known as Corporate
Center One at International Plaza Office Building located at 0000 Xxxxx
Xxxxxxxxx, Xxxxx, Xxxxxxx; and
WHEREAS,
Landlord and Tenant desire to amend the Lease to confirm and modify certain
provisions of the Lease as set forth in this Amendment.
NOW,
THEREFORE, in consideration of the sum of Ten
Dollars ($10.00)
and
other good and valuable consideration, the receipt and sufficiency of which
are
hereby acknowledged, Landlord and Tenant hereby agree that notwithstanding
anything in the Lease to the contrary, Landlord and Tenant hereby agree as
follows:
1. Recitals.
The
Recitals contained hereinabove are true and correct and constitute matters
agreed to herein. All capitalized terms used herein shall have the same meanings
as ascribed thereto in the Lease.
2. Premises
Net Rentable Area.
The
Premises Net Rentable Area as provided for in the Lease Summary is hereby
deleted and substituted with the following:
“93,198
square feet of which 68,342 square feet is located on the fifth (5th) floor
of
the Building and 24,856
square
feet is located on the fourth (4th) floor of the Building, all as shown on
Exhibit “A” attached hereto. The Premises Net Rentable Area on the fourth (4th)
floor of the Building is referred to in this Amendment as the “Expansion
Premises”.”
3. Building
Net Rentable Area.
The
Building Net Rentable Area, as provided for in the Lease Summary, is hereby
deleted and substituted with the following:
“383,694
square feet.”
4. Commencement
Date.
The
Commencement Date provided for in the Lease Summary is hereby amended to be
October 1, 1999 and the Commencement Date for the Expansion Premises shall
be
November 19, 1999.
5. Lease
Term.
Section
3.
Lease
Term to
the
Lease is hereby amended by deleting the first, second and third paragraphs
provided for in such Section and substituting the following:
“This
Lease shall continue in force during a period beginning on the Commencement
Date
and continuing until the expiration of the Lease Term, unless this Lease is
sooner terminated or extended to a later date under any other term or provision
herein. The Lease Term for the Expansion Premises shall be coterminous with
the
Lease Term for the Premises. Landlord shall be obligated to obtain a certificate
of substantial completion for the shell of the Building on or before the
Commencement Date. Landlord and Tenant hereby acknowledge that Tenant is
currently leasing space at 000
Xxx
Xxxxxx, Xxxxx, Xxxxxxx (the” Reo Street Lease”) and that the term of the Reo
Street Lease expires on December 31, 1999. Landlord hereby agrees to pay the
monthly hold-over rental in the amount of $10,400.00, plus sales tax, due under
the Reo Street Lease on September 1, 1999 (the “Hold Over Rent”) and on October
1, 1999, November 1, 1999 and December 1, 1999, Landlord shall pay to Tenant
the
total monthly rental and pass throughs due under the Reo Street Lease in the
amount of $37,408.52 (which includes base monthly rental of $24,066.00) the
Hold
Over Rent and monthly pass throughs of $2,942.52), plus any applicable
sales tax. In addition to the above, commencing November 19, 1999,
Landlord
agrees to pay to Tenant the monthly rental, or prorated portion thereof, in
the
amount of $11,580.49 due by Tenant under its lease for space located at
000 Xxx
Xxxxxx, Xxxxx, Xxxxxxx from November 19, 1999 through January 31,
2000.”
6. Base
Rental for the Expansion Premises.
The
Base Rental for the Expansion Premises shall be equal to the Base Rental for
the
original Premises, except that the Base Rental applicable to 12,500 square
feet
of Premises Net Rentable Area of the Expansion Premises from the Commencement
Date for the Expansion Premises (November 19, 1999) through the sixth (6th)
full
calendar month of the Lease Term shall be abated by Landlord. The Base Rental
for the Expansion Premises that exceeds 12,500 square feet of Premises Net
Rentable Area shall be equal to the annual rate of $22,00 per square feet of
Premises Net Rentable Area commencing on the Commencement Date for the Expansion
Premises (November 19, 1999) and shall thereafter adjust in accordance with
the
terms of the Lease for the original Premises.
7. Parking.
Paragraph
15, Parking
to the
Lease is hereby modified to provide that Tenant shall be entitled to twenty-two
(22) covered, reserved parking spaces rather than fifteen (15) covered, reserved
parking spaces.
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8. Right
of First Refusal.
Tenant
hereby acknowledges that the Landlord has designated the fourth (4th) floor
of
the Building as the Contiguous Multi-Tenant Floor that is referenced in
Paragraph 1 to Exhibit F of the Lease.
9. Exhibit
C. Construction of Improvements.
Paragraphs 2 through 8 of Exhibit
C
to the
Lease are hereby deleted and substituted with the following:
“2.
Tenant has caused Heilmuth Obata & Kassabaum, Inc. (“HOK”) to prepare, and
Landlord has approved, final approved design development drawings and
construction drawings (excluding mechanical, electrical, and plumbing) for
the
Premises and the Expansion Premises being identified as Headquarters for Outback
& Carrabba’s, Project No. 00-0000-00 issue date June 7, 1999 (all
collectively the “Tenant Jmprovements Plans and Specifications”). Landlord shall
be responsible for preparing the mechanical, electrical and plumbing drawings
(the “MEP Drawings”). Landlord hereby agrees to use the Tenant Improvements
Plans and Specifications to competitively bid the Tenant
Improvements.”
10. Interim
Space Contribution.
Pursuant to the provisions of Paragraph
5. Interim
Space Contribution.
To
Exhibit
F.
Special
Stipulations to the Lease upon the execution hereof Landlord has paid to Tenant
the sum of to reimburse Tenant for relocation costs. Landlord shall have no
further obligations to Tenant under this Paragraph 5.
11. Exhibit
F. Special Stipulations.
Paragraph
3. Expansion Option
and
Paragraph
5.
Interim
Space Contribution
to
Exhibit
F. Special Stipulations
to the
Lease are hereby deleted.
12. Moving
Allowance.
On or
before thirty (30) days from the Commencement Date, Landlord hereby agrees
to
pay Tenant the sum of Twenty-Five Thousand and no/100 Dollars ($25,000.00)
as a
moving allowance.
13. Binding
Effect.
Except
as herein specifically amended, all other terms and conditions of the Lease
shall remain in full force and effect.
14. Execution
of Amendment.
This
Ammendment may be executed in one (1) or more counterpart copies, each of which
shall be deemed an original and all of which together shall constitute one
(1)
agreement. A facsimile copy of this Amendment and any signatures thereon shall
be considered for all purposes as originals.
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IN
WITNESS WHEREOF, the parties have caused this Amendment to be executed as of
the
date first above described.
| Witnesses: | LANDLORD: | |||
| CRESCENT RESOURCES, INC. | ||||
|
|
|
|||
| /s/ Xxxxxxx X. Xxxxxx | By: |
/s/ Xxxxxx
X. Xxxxxxx
|
||
| Print Name: |
Xxxxxxx
X. Xxxxxx
|
Name(print): | Xxxxxx X. Xxxxxxx | |
|
|
Title(print): | Vice President - Florida Region | ||
| /s/ Xxxxxx X. Xxxxx | ||||
| Print Name: | Xxxxxx X. Xxxxx | |||
| TENANT: | ||||
|
|
||||
|
OUTBACK
STEAKHOUSE, INC,
|
||||
| /s/ Xxxx Xxxxxxxx | By: |
/s/
Xxxxxx Xxxxxxx
|
||
| Print Name: | Xxxx Xxxxxxxx | Name(print): | Xxxxxx Xxxxxxx | |
| Title(print): | Chief Financial Officer | |||
| /s/ Xxx Xxxxxx | ||||
| Print Name: | Xxx Xxxxxx | |||
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