SECOND LEASE AMENDMENT
THIS SECOND LEASE AMENDMENT (the "Amendment") is executed this 27th day
of August, 1998 by and between DUKE REALTY MINNESOTA, LLC, a Minnesota
limited liability company ("Landlord"), and D 56, INC., a Minnesota
corporation ("Tenant").
W I T N E S S E T H :
WHEREAS, Grantor Retained Income Trust of Xxxxxx X. Xxxxxxx, as predecessor
in interest to Landlord, and Tenant entered into a certain lease dated
December 8, 1993 as amended August 25, 1994 (collectively, the "Lease"),
whereby Tenant leased from Landlord certain premises consisting of
approximately 159,200 rentable square feet of space (the "Premises") located
in an office/warehouse building commonly known as Hampshire Distribution
Center, 00000 Xxxxxxxxx Xxxxxx Xxxxx, Xxxxxxxxxxx, Xxxxxxxxx; and
WHEREAS, Landlord and Tenant desire to extend the Lease Term for a period of
thirty-six (36) months; and
WHEREAS, Landlord and Tenant desire to amend certain provisions of the Lease
to reflect such extension;
NOW, THEREFORE, in consideration of the foregoing premises, the mutual
covenants herein contained and each act performed hereunder by the parties,
Landlord and Tenant hereby enter into this Amendment.
1. AMENDMENT OF ARTICLE III. TERM. The Lease Term is hereby extended through
February 28, 2002.
2. AMENDMENT OF ARTICLE IV.A. RENT. Commencing March 1, 1999, Article IV.A.
of the Lease is hereby deleted and the following is substituted in lieu thereof:
Commencing March 1, 1999, Tenant shall pay to Landlord. without demand at
NW 7210, X.X. Xxx 0000, Xxxxxxxxxxx, Xxxxxxxxx 00000-0000 or at such other
place as Landlord may from time to time designate in writing, an annual
base rental of Five Hundred One Thousand Four Hundred Eighty Dollars
($501,480.00) payable in advance in successive equal monthly installments
of Forty-one Thousand Seven Hundred Ninety Dollars ($41,790.00) each on the
first day of each month during the entire term hereof.
3. AMENDMENT OF ARTICLE XXII. NOTICES. Article XXII of the Lease is hereby
amended to provide for the following notice address for Landlord:
Landlord: Duke Realty Minnesota, LLC
0000 Xxxxx Xxxxxx Xxxxx
Xx. Xxxxx Xxxx, XX 00000
4. AMENDMENT OF ARTICLE II OF ADDENDUM. RIGHT OF FIRST REFUSAL. Article II
of the Addendum of Lease Agreement is hereby deleted in its entirety and
shall be of no further force or effect.
5. AMENDMENT OF ARTICLE IV OF ADDENDUM. LEASING OF OTHER SPACE ON THE REAL
PROPERTY. Article IV of the Addendum to Lease Agreement is hereby deleted in
its entirety and shall be of no further force or effect.
6. TENANT'S REPRESENTATIONS AND WARRANTIES. The undersigned represents and
warrants to Landlord that (i) Tenant is duly organized, validly existing and
in good standing in accordance with the laws of the state under which it was
organized; (ii) all action necessary to authorize the execution of this
Amendment has been taken by Tenant; and (iii) the individual executing and
delivering this Amendment on behalf of Tenant has been authorized to do so,
and such execution and delivery shall bind Tenant. Tenant, at Landlord's
request, shall
provide Landlord with evidence of such authority.
7. EXAMINATION OF AMENDMENT. Submission of this instrument for examination
or signature to Tenant does not constitute a reservation or option, and it is
not effective until execution by and delivery to both Landlord and Tenant.
8. DEFINITIONS. Except as otherwise provided herein, the capitalized terms
used in this Amendment shall have the definitions set forth in the Lease.
9. INCORPORATION. This Amendment shall be incorporated into and made a part
of the Lease, and all provisions of the Lease not expressly modified or
amended hereby shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have caused this Amendment to be executed on
the day and year first written above.
LANDLORD:
DUKE REALTY MINNESOTA, LLC,
A Minnesota limited liability company
By: /s/ Xxxxxx X. Xxxxxxx
----------------------------------
Xxxxxx X. Xxxxxxx
Chief Manager
TENANT:
D 56, INC.,
A Minnesota corporation
By: /s/ Xxxxxx X. Xxxx
----------------------------------
Xxxxxx X. Xxxx
Vice President
