SECOND AMENDMENT TO LEASE
STATE OF TEXAS
COUNTY OF XXXXXX
This Second Amendment to Lease ("Amendment") is made and entered into as
of December 29, 1994 by and between 600 C.C. Business Park, Ltd. ("Landlord")
and Industrial Data Systems ("Tenant").
RECITALS
A. Whereas, Landlord who has succeeded the rights, title, and interest of
American General Life Insurance Company as "Landlord" and Industrial Data
Systems, as "Tenant", entered into a Lease Agreement dated January 16, 1991,
(the "Lease") which lease was amended by the First Amendment to Lease
Agreement dated December 7, 1993 for certain premises known as 00000 Xxxxxxx
Xxxxx, Xxxxx X-000, Xxxxxxx, Xxxxx 00000 consisting of approximately 5,625
square feet and;
B. Whereas, Landlord and Tenant desire to modify the Lease so as to modify
certain terms and provisions outlined in the original Lease and the First
Amendment to Lease to allow for the relocation of Tenant's lease space within
Century Center Business Park, the extension of the lease term and to increase
the square footage of the premises that the tenant will occupy under the terms
and conditions of the original Lease, the First Amendment to Lease, and this
Second Amendment to Lease agreement and;
C. Tenant and Landlord hereby agree that no other document has been
executed or exchanged between the parties hereto other than the original Lease
Agreement and the First Amendment to Lease specified above and that there are no
side letters or any oral agreements between the parties and;
D. Landlord and Tenant agree that all defined terms used in this Amendment
shall have the same meaning assigned to them in the Lease and First Amendment to
Lease, unless the context herein expressly provides otherwise.
NOW, THEREFORE, for one dollar ($1.00) and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged,
Landlord and Tenant hereby agree as follows:
AGREEMENTS
1. Effective January 1, 1995, Landlord and Tenant mutually agree to expand
the "Leased Premises" to a total leasable area of 12,230 square feet and to
"relocate" the lease premises to 000 Xxxxxxx Xxxxx Xxxxx, Xxxxx X-000 ("New
Lease Premises") which is located within the development known as Century
Center Business Park (see attached Exhibit "A" and Exhibit "A-1").
2. Landlord and Tenant agree to extend the expiration date of the existing
lease term to January 31, 1999.
3. It is agreed and understood by both parties that as of the date of this
Amendment, the existing Lease and First Amendment to Lease shall govern the
"New Lease Premises" as outlined in Item 1 above.
PAGE 1 OF 3
SECOND AMENDMENT TO LEASE (CONTINUED)
4. The monthly base rental shall remain as scheduled in the original Lease
and First Amendment to Lease until the earlier of February 1, 1995, or when
Tenant occupies the "New Lease Premises", at which time the base rental shall
be modified and scheduled as follows:
February 1, 1995 - January 31, 1996: $4,769.70 ($.39 psf per month)
February 1, 1996 - January 31, 1997: $5,014.30 ($.41 psf per month)
February 1, 1997 - January 31, 1999: $5,258.90 ($.43 psf per month)
5. Taxes and Insurance charges as specified in Section 4 and Section 13 of the
Lease, shall remain as modified in the First Amendment to Lease Agreement
allowing that Tenant shall be responsible for any additional taxes and insurance
costs which exceed an amount equal to the 1994 expense for these items per
square foot of net rentable area in the total lease premises. All other defining
terms and calculations of assessments and charges pursuant to these paragraphs
shall remain as specified in the original Lease.
6. Common Area Maintenance -- Tenant shall be required to pay its prorata
share of common area maintenance expenses of the property. On a monthly basis,
tenant shall pay an amount equal to $.07 per square foot per month as Tenant's
prorata share of common area expenses as outlined in Section 7 of the Lease.
THEREFORE, BEGINNING FEBRUARY 1, 1995, TENANT SHALL PAY $856.10 PER MONTH AS ITS
ESTIMATED PRORATA SHARE OF THESE EXPENSES. LANDLORD AGREES THAT TENANT'S PAYMENT
OF ITS PRORATA OF COMMON AREA MAINTENANCE COSTS WILL NOT EXCEED $.07 PER SQUARE
FOOT PER MONTH DURING THE TERM OF THE LEASE.
7. As an example of rental and expense obligations as modified in this
Second Amendment to Lease and as ratified in the original Lease Agreement and
the First Amendment to Lease Agreement, the following is an outline of Tenant's
charges for February, 1995, rent and other charges:
Base Rent: $ 4,769,70
Common Area Maintenance: $ 856.10
-----------
TOTAL PAYMENT FOR FEBRUARY 1995: $ 5,625.80
Rent and expense charges will remain as scheduled in the original Lease
Agreement and First Amendment to Lease Agreement and as are currently being paid
by Tenant until February 1, 1995.
8. Whereas, Tenant agrees to accept the "New Lease Premises" in an "As
Is", "Where Is" condition subject to Landlord making minor modifications to
the lease premises which will include and be limited to re-carpeting of the
carpeted areas ($10.00 per yard allowance), re-painting of the interior walls,
removal of up to seventy-five feet (75') of interior walls, relocation of up to
three (3) interior doors, the addition of up to eighteen (18) light fixtures,
four (4) duplex plugs, and four (4) additional light switches, and Landlord
shall make certain that the existing HVAC, electrical, and plumbing systems are
in good operational order prior to Tenant's occupancy. Any costs of additional
modifications above those stated herein, shall be the responsibility of Tenant.
Tenant shall be allowed occupancy of the premises immediately upon completion of
Landlord's described work and Tenant's acceptance of said work.
9. Except as otherwise stated herein, all other terms and conditions of
the Original Lease Agreement dated January 16, 1991, and the First Amendment to
Lease Agreement dated December 7, 1993, by and between 600 C.C. Business Park,
as Landlord and Industrial Data Systems, as Tenant shall remain in full force
and effect and shall apply to the ("New Lease Premises") located at 000
Xxxxxxx Xxxxx Xxxxx, Xxxxx 000, Xxxxxxx, Xxxxx 00000.
PAGE 2 OF 3
SECOND AMENDMENT TO LEASE (CONTINUED)
10. Landlord agrees to pay for Tenant's cost of relocating the existing
lease premises into the "New Lease Premises", which costs shall include moving
of furniture fixtures and equipment, installation of telephone system (labor
only), and wiring of existing computer network and other reasonable moving
costs. Landlord's allowance for these moving costs shall not exceed $5,000.
11. TENANT RIGHT TO ASSIGN OR SUB-LET -- Tenant shall have the right to
assign this Lease or to sub-let the whole or any part of the premises with
Landlord's prior written consent. Landlord's consent shall not be unreasonably
withheld. Should Tenant desire to assign or sub-let the premises, Tenant shall
supply Landlord with required information regarding the assignee and/or
sub-lessee, and shall await written authorization from Landlord to proceed with
said sub-lease or assignment. All other terms outlined in the original lease
which are not in conflict with the terms stated herein shall remain in full
force and effect.
12. FIRST NOTICE -- So long as Tenant is not in default of any of the
terms and conditions of the Lease, if during the term of the Lease, any
adjacent/contiguous space should become available for lease. Landlord shall use
its best efforts to notify Tenant of such available space. Additionally, should
Landlord obtain a prospective tenant which is interested in leasing such
available space, Landlord shall provide Tenant notice of such. After Landlord
has provided Tenant said notice, Tenant shall have five (5) working days to
notify Landlord if Tenant wishes to lease additional space. Should Tenant notify
Landlord of its intention to lease such space, Tenant shall then have five (5)
working days after receipt of a formal agreement from the Landlord to execute
said agreement regarding the leasing of this additional space.
This Amendment shall be binding upon and insure to the benefit of Landlord
and Tenant and their successors and assigns; however, this provision shall not
permit any additional transfer or assignment of the Lease by Tenant which is
otherwise limited by the terms of the Lease and this amendment required by
Landlord's consent.
IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment
to Lease as of this 29th day of December, 1994.
Exhibit List:
Exhibit "A" -- Site Plan
Exhibit "A-1" -- Lease Premises
TENANT: LANDLORD:
INDUSTRIAL DATA SYSTEMS 600 C.C. BUSINESS PARK, LTD.
BY: /s/ XXXXXXX XXXXXX BY: /s/ XXXX X. XXXXXXXX
NAME: Xxxxxxx Xxxxxx NAME: Xxxx X. Xxxxxxxx
TITLE: President TITLE: General Partner
DATE: December 28, 1994 DATE: December 29, 1994
PAGE 3 OF 3
EXHIBIT "A"
SITE PLAN
[CENTURY CENTER BUSINESS PARK GRAPHIC OMITTED]
"Current Lease Premises"
"Temporary Premises"
Approximately
2,370 s.f.
"New Lease Premises"
Approximately
12,230 s.f.
EXHIBIT "A-1"
[LEASE PREMISES GRAPHIC OMITTED]
"LEASE PREMISES"
"Temporary Premises"
To be occupied by
Tenant until January
31, 1995, only
"New Lease Premises"
Approximately 12,230 GRA
FLOOR PLAN
