THIRD AMENDMENT TO LEASE
THIS THIRD AMENDMENT TO LEASE (this "Amendment") is made as of the 20th
day of December, 2000, by and between:
XXXXXX HI-TECH CENTER, L.P.
having an address
c/o Berger and Xxxxxxxxx
000 Xxxxx Xxxxxx
Xxxxxxxxxx, Xxx Xxxxxx 00000,
(hereinafter referred to as "Landlord") and
ANAD1GICS, INC.
a corporation of the State of Delaware having an
address at 00 Xxxxxxxxxx Xxxxx Xxxxxx, Xxx Xxxxxx
00000 (hereinafter referred to as "Tenant")
WITNESSETH:
WHEREAS, Landlord's predecessor in interest and Tenant entered into a
Lease dated as of the 26th day of April, 1996 (the "Original Lease"), which
original Lease was amended by a First Amendment to Lease dated November 20, 1996
(the "First Amendment") and by a Second Amendment to Lease dated September 8,
1997 (the "Second Amendment"); and
WHEREAS, the Original Lease, as amended by the First Amendment and the
Second Amendment, is hereinafter referred to as the "Lease" (all capitalized
terms used herein, unless otherwise provided herein, shall have the respective
meanings ascribed to said terms in the Lease); and
WHEREAS, Landlord and Tenant have agreed to modify the Lease in
accordance with the terms of this Third Amendment to Lease.
NOW, THEREFORE, Landlord and Tenant agree as follows:
1. Demised Premises. Landlord intends to construct an approximately
60,000 square foot building on the Property as shown on Exhibit A hereto (the
"New Building").
The New Building is hereby designated an the "Part B Premises" in the
Lease and the former "Part B Premises" shown on Exhibit A to
the Second Amendment is eliminated and replaced with the Exhibit A
attached to this Amendment.
2. Part B Premises:
(a) Paragraph 2(b) of the Second Amendment is hereby deleted
in its entirety.
(b) As of the date (the "Phase I Part B Commencement Date")
Tenant receives written notice from Landlord that Landlord has substantially
completed the improvements to the Part B Premises as set forth as items 1
through 5 on Exhibit B hereto ("Landlord's Part B Work"):
(i) the term Demised Premises under the Lease shall be
deemed to include the first floor of the Part B
Premises containing approximately 36,000 square feet
of space (the "Phase I Part B Premises"); and
(ii) fixed annual rental for the Demised Premises shall be
paid in accordance with Paragraph 3(b) of this
Amendment.
Landlord's Part B Work shall be deemed substantially complete upon the
date that Landlord's Part B Work has been performed to the extent that any
incomplete Landlord's Part B Work does not interfere with Tenant's ability to
obtain a Certificate of Occupancy for the Part B Premises, as it is Tenant's
responsibility to obtain the Certificate of Occupancy for the Part B Premises.
Landlord shall target December 31, 2001, as the date Landlord's Work is to be
substantially completed. Any remaining work of Landlord shall be deemed "punch
list" items. Tenant shall provide Landlord with a list of such items no later
than thirty (30) days from the Part B Commencement Date. Landlord shall complete
any such work which shall be Landlord's Part B Work within thirty (30) days of
the receipt of said list, weather permitting.
Notwithstanding the foregoing, in the event that Tenant cannot obtain a
Certificate of Occupancy for the Phase I Part B Premises solely as a result of
Landlord's (1) failure to perform Landlord's Work in accordance with the terms
of this Amendment or (2) failure to comply with governmental requirements which
are the responsibility of Landlord, then Tenant's obligation to pay fixed annual
rent for the Phase I Part B Premises shall be stayed from the date of Landlord's
receipt from Tenant of written notice setting forth Landlord's failure to
perform Landlord's work or Landlord's failure to comply with such governmental
requirements, as applicable, through the date Landlord performs such unperformed
Landlord's Work or the date Landlord complies with such governmental
requirements, as applicable.
(c) As of the date (the "Phase 11 Part B Commencement Date") that is
the earlier to occur of (i) one and one-half (l 1/2) years after the Phase I
Part B Commencement Date or (ii) the date Landlord receives written notice from
Tenant that Tenant intends to occupy all or a portion of the approximately
10,000 square foot portion of the second floor of the Part B Premises shown on
Exhibit A as the "Phase 11 Part B Premises".
(i) The term Demised Premises under the Lease shall be deemed to
include the Phase 11 Part B Premises; and
(ii) Fixed annual rental for the Demised Premises shall be paid in
accordance with paragraph 3 (c) of this Amendment.
Notwithstanding the foregoing, in the event that Tenant cannot obtain a
Certificate of Occupancy for the Phase 11 Part B Premises solely as a result of
Landlord's (1) failure to perform Landlord's Work in accordance with the terms
of this Amendment or (2) failure to comply with governmental requirements which
are the responsibility of Landlord, then Tenant's obligation to pay fixed annual
rent for the Phase 11 Part B Premises shall be stayed from the date of
Landlord's receipt from Tenant of written notice setting forth Landlord's
failure to perform Landlord's work or Landlord's failure to comply with such
governmental requirements,
as applicable, through the date Landlord performs such unperformed Landlord's
Work or the date Landlord complies with such governmental requirements, as
applicable.
(d) As of the date (the "Phase III Part B Commencement Date") that is
the earlier to occur of (i) one (1) year after the Phase 11 Part B Commencement
Date or (ii) the date Landlord receives written notice from Tenant that Tenant
intends to occupy all or a portion of the approximately 14,000 square foot
portion of the second floor of the Part B Premises shown on Exhibit A as the
"Phase III Part B Premises";
(i) The term Demised Premises under the Lease shall be deemed to
include the Phase III Part B Premises; and
(ii) Fixed annual rental for the Demised Premises shall be paid in
accordance with paragraph 3(d) of this Amendment.
Notwithstanding the foregoing, in the event that Tenant cannot obtain a
Certificate of Occupancy for the Phase III Part B Premises solely as a result of
Landlord's (1) failure to perform Landlord's Work in accordance with the terms
of this Amendment or (2) failure to comply with governmental requirements which
are the responsibility or Landlord, then Tenant's obligation to pay fixed annual
rent for the Phase III Part B Premises shall be stayed from the date of
Landlord's receipt from Tenant of written notice setting forth Landlord's
failure to perform Landlord's work or Landlord's failure to comply with such
governmental requirements, as applicable, through the date Landlord performs
such unperformed Landlord's Work on the date Landlord complies with such
governmental requirements, as applicable.
(e) In the event Tenant shall occupy the Phase II Part B Premises or
the Phase III Part B Premises prior to the Phase 11 Part B Commencement Date or
the Phase III Part B Commencement Date, as applicable, without first giving
Landlord written notice pursuant to paragraph 2(c) or 2(d) above, as applicable,
Tenant shall be liable for double the fixed annual rental plus Operating Costs
provided for in paragraph 3 (d) of this Amendment attributable
to the Phase 11 Part B Premises, or the Phase III Part B premises, as
applicable, from the first day of such occupation through the date that Tenant
would have otherwise been obligated to pay fixed annual rental for the Phase 11
Part B Premises or the Phase III Part B Premises, as applicable. Notwithstanding
the foregoing, Tenant shall not be obligated to pay double rent as provided in
the immediately preceding sentence in the event Tenant completely vacates the
applicable premises within thirty (30) days after Tenant's receipt of written
notice from Landlord demanding that Tenant vacate such premises. Under no
circumstances, however, shall Tenant be entitled to more than one (1) such
notice throughout the term of the Lease and after one (1) notice is given,
subsequent violations shall result in the double rent provision being
automatically imposed upon Tenant.
3. Rent.
(a) Prior to the Phase I Part B Commencement Date, Tenant
shall continue to pay fixed annual rental during the Initial Term as follows:
Fixed Monthly
Lease Year Annual Rental Installment
Through
December 31, 2001 $1,124,616.50 $ 93,718.04
January 1, 2002
through
March 31, 2002 $1,255,616.50 $104,634.70
April 1, 2002
through
June 30, 2004 $1,273,166.50 $106,097.20
July 1, 2004
through
September 30, 2004 $1,404,166.50 $117,013.87
October 1, 2004
through
December 31, 2006 $1,421,716.50 $118,476.37
January 1, 2007
through
March 31, 2007 $1,683,716.50 $140,309.70
April 1, 2007
through
June 30, 2009 $1,704,250.00 $142,020.83
July 1, 2009
through
September 30, 2009 $1,835,250.00 $152,937.50
October 1, 2009
through
December 31, 2011 $1,858,591.15 $154,882.62
January 1, 2012
through
March 31, 2012 $1,989,591.50 $165,799.29
April 1, 2012
through
June 30, 2014 $2,007,141.50 $167,261.79
July 1, 2014
through
September 30, 2014 $2,138,141.50 $178,178.45
October 1, 2014
through
December 31, 2016 $2,155,691.50 $179,640.96
(b) From and after the Phase I Part B Commencement Date,
Tenant shall pay to Landlord during the Initial Term of the Lease a fixed annual
rental pursuant to the following schedule:
Fixed Monthly
Lease year Annual Rental Installment
From Phase I Part B
Commencement Date
through 1,541,721.41 128,476.78
December 31, 2001
January 1, 2002
through 1,681,496.41 140,124.70
March 31, 2002
April 1, 2002
through 1,717,501.41 143,124.70
June 30, 2004
July 1, 2004
through 1,866,046.41 155,503.87
September 20, 2004
October 1, 2004
through 1,919,596.41 159,966.37
December 31, 2006
January 1, 2007
through 2,181,596.41 181,799.70
March 31, 2007
April 1, 2007
through 2,244,250.00 187,020.83
June 30, 2009
July 1, 2009
through 2,375,250.00 197,937.50
September 30, 2009
October 1, 2009
through 2,446,471.01 203,872.58
December 31, 2011
January 1, 2012
through 2,577,471.46 214,789.29
March 31, 2012
April 1, 2012
through 2,631,021.41 219,251.78
June 30, 2014
July 1, 2014
through 2,762,021.41 230,168.45
September 30, 2014
October 1, 2014
through 2,815,571.41 234,630.95
December 31, 2016
(c) From and after the Phase 11 Part B Commencement Date,
Tenant shall pay to Landlord during the Initial Term of the Lease a fixed annual
rental pursuant to the following schedule:
Fixed Monthly
Lease Year Annual Rental Installment
From Phase II Part B
Commencement Date
through 1,660,021.41 138,335.12
December 31, 2001
January 1, 2002
through 1,799,796.41 149,983.03
March 31, 2002
April 1, 2002
through 1,845,801.41 153,816.37
June 30, 2004
July 1, 2004
through 1,994,346.41 166,195.53
September 30, 2004
October 1, 2004
through 2,057,896.41 171,491.37
December 31, 2006
January 1, 2007
through 2,319,896.41 193,324.70
March 31, 2007
April 1, 2007
through 2,394,250.00 199,520.83
June 30, 2009
July 1, 2009
through 2,525,250.00 210,437.50
September 30, 2009
October 1, 2009
through 2,609,771.01 217,480.96
December 31, 2011
January 1, 2012
through 2,740,771.46 228,397.62
March 31, 2012
April 1, 2012
through 2,804,321.41 233,693.45
June 30, 2014
July 1, 2014
through 2,935,321.41 244,610.12
September 30, 2014
October 1, 2014
through 2,998,871.41 249,905.95
Xxxxxxxx 00, 0000
(x) From and after the Phase III Part B Commencement Date,
Tenant shall pay to Landlord during the Initial Term of the Lease a fixed annual
rental pursuant to the following schedule:
Fixed Monthly
Lease Year Annual Rental Installment
From Phase III Part B
Commencement Data
through 1,825,641.41 152,136.78
December 31, 2001
January 1, 2002
through 1,965,416.41 163,784.70
March 31, 2002
April 1, 2002
through 2,025,421.41 168,784.70
June 30, 2004
July 1, 2004
through 2,173,966.41 181,163.87
September 30, 2004
October 1, 2004
through 2,251,516.41 187,126.37
December 31, 2006
January 1, 2007
through 2,513,516.41 209,459.71
March 31, 2007
April 1, 2007
through 2,604,250.00 217,020.83
June 30, 2009
July 1, 2009
through 2,735,250.00 227,937.50
September 30, 2009
October 1, 2009
through 2,838,391.01 236,532.62
December 31, 2011
January 1, 2012
through 2,969,391.46 247,449.29
March 31, 2012
April 1, 2012
through 3,046,941.41 253,911.78
June 30, 2014
July 1, 2014
through 3,177,941.41 264,828.45
September 30, 2014
October 1, 2014
through 3,255,491.41 271,290.95
December 31, 2016
4. Proportionate Share
Landlord and Tenant agree and confirm that, as of January 1,
2001, Tenant shall pay 100% of Operating Costs.
5. Roof Work. (a) Tenant desires to install, at Tenant's cost
and expense, on the roof of the Building certain equipment(the "Roof Equipment")
more particularly shown on the drawings referred to on Exhibit C (the
"Engineering Plans") and located as shown on the Architectural Plans (as
hereinafter defined). Landlord hereby approves Tenant's installation of the Roof
Equipment subject to Tenant obtaining all applicable governmental approvals and
permits in connection with said installation and further subject to Tenant's
compliance with the provisions of this paragraph. In consideration of Landlord's
consent to the installation of the Roof Equipment, Tenant has agreed to modify
the Building (the "Improvements") in accordance with the architectural plans
attached hereto as Exhibit D or any modification agreed to by Landlord's
architect (the "Architectural Plans"). Tenant's right to install the Roof
Equipment is expressly subject to Tenant's completion of the Improvements, at
Tenant's cost and expense. It shall be Tenant's responsibility to obtain all
applicable governmental approvals of the Architectural Plans. Landlord will not
unreasonably withhold its consent to any modifications to the Architectural
Plans if said modifications are required by any governmental authority and
provided that said modifications are approved by Landlord's architect which
approval shall not be unreasonably withheld, conditioned or delayed. Tenant's
installa- tion of the Roof Equipment and construction of the Improvements
(collectively, the "Roof Work") shall be completed in
full satisfaction of the conditions set forth in paragraph 11 (c) of the Lease.
Landlord shall arrange for Landlord's architect to attend municipal approval
meetings and prepare reasonably required presentation materials, at no cost to
Tenant, related to the Architectural Plans.
(b) In the event that Tenant is unable to obtain required governmental
approvals for the performance of the Roof Work solely as a result of Landlord's
failure to comply with the requirements under Landlord's site plan approvals,
Tenant shall, within ten (10) days of becoming aware of such unsatisfied or open
requirement, notify Landlord in writing ("Tenant's Condition Notice") specifying
the unsatisfied or open requirements and shall provide Landlord with copies of
all correspondence or other materials received by Tenant in connection with said
unsatisfied or open requirements.
Landlord shall within seven (7) business days of receipt of Tenant's
Condition Notice notify to Tenant in writing ("Landlord's Notice")as to whether
it shall satisfy the conditions or contest the validity or imposition of the
Conditions. If Landlord does not send Landlord's Notice Landlord shall be deemed
to be contesting the validity of the condition. If Landlord notifies Tenant that
Landlord intends to satisfy the requirements, Landlord shall so satisfy the open
requirement within thirty (30) days after Landlord's receipt of Tenant's
Condition Notice, as weather permits. In the event Landlord does not satisfy the
requirement within (30) days of receipt of Tenant's condition Notice, then in
such event, Tenant shall have the right to complete the work required to satisfy
the open conditions. If Tenant elects to so complete the work, Tenant must send
written notice (the "Work Election Notice") to Landlord of its election to
complete the work on or before the date which is forty-five (45) days after
Landlord's receipt of Tenant's Condition Notice, time being of the essence,
otherwise Tenant waive its right to perform the work. Upon delivery of the Work
Election Notice, the work shall no longer be deemed Landlord's responsibility.
In the event Landlord elected in Landlord's Notice to perform the work
to satisfy the conditions and failed to so satisfy the conditions within thirty
(30) days after its receipt of Tenant's Condition Notice and Tenant then
completes the work to satisfy the condition, then Landlord shall reimburse
Tenant for the reasonable cost of the work performed within thirty (30) days of
Landlord's receipt of a notice from Tenant which details the work performed, the
cost of the work paid for by Tenant (together with the receipts and invoices)
and proof that the open condition(s) to which the work related have been
satisfied ("Tenant's Work and Cost Notice"). In the event Landlord shall fail to
reimburse Tenant within said thirty (30) day period Tenant may obtain
reimbursement of said reasonable costs by deducting said sum from the fixed rent
next becoming due under the Lease.
In the event Landlord elected in Landlord's Notice to contest the
applicability or validity of the condition and Landlord does not clearly
establish that the requirements were otherwise satisfied or waived within thirty
(30) days of Landlord's receipt of Tenant's Condition Notice, then, in such
event, Tenant shall have the right to complete the work allegedly required to
satisfy the open condition. If Tenant elects to so complete the work, Tenant
must send to Landlord a Work Election Notice on or before the date which is
forty-five (45) days after Landlord's receipt of Tenant's Condition Notice, time
being of the essence, otherwise Tenant waives its right to perform the work.
Upon delivery of the Work Election Notice, the work shall no longer be deemed
Landlord's responsibility. If Landlord elects to contest in Landlord's Notice,
Landlord shall promptly bring a lawsuit and shall diligently and with continuity
prosecute the lawsuit in order to contest the applicability or validity of the
condition. In the event a court of competent jurisdiction rules, that the
alleged condition was valid and applicable, Landlord shall within thirty (30)
days after such determination, reimburse Tenant for the reasonable cost of the
work performed by Tenant to satisfy the condition. In the event
Landlord shall fail to reimburse Tenant within said thirty (30) day
period, Tenant may obtain reimbursement of said reasonable costs by deducting
said sum from fixed rent next becoming due under the Lease.
If Landlord contests the reasonableness of the amounts paid by Tenant,
in any of the above cases, Landlord shall be obligated to reimburse Tenant (as
provided above) only for the uncontested amount. The balance shall be reimbursed
by Landlord to Tenant only upon the order of a Court of competent jurisdiction.
Landlord agrees that site plan conditions which have been previously
bonded by Landlord (provided said bonds have not been released) are conditions
for which Landlord acknowledges responsibility.
This paragraph 5(b) shall be of no force or effect upon Tenant's
receipt of a building permit for the Roof Work. Tenant will diligently pursue
planning board approval and building permit issuance for the Roof Work.
6. Third-Amendment Payment. No later than December 21, 2000,
Tenant shall pay to Landlord, by federal funds wire transfer, the sum of
$1,000,000.00 which sum shall be applied as follows:
(i) $250,000.00 (the "Part B Security") shall be paid to Landlord as
additional security deposit for Tenant's obligations under the Lease, which Part
B Security shall be returned to Tenant, without interest, after the expiration
of the term of the Lease provided Tenant shall have complied with all of its
obligations under the Lease;
(ii) $250,000.00 (the "Phase I Rent") shall be applied to fixed annual
rent (coming due after the Phase I Part B Commencement Date) as follows;
$36,000.00 shall be deducted from the first six monthly fixed rental payments
following the Phase I Part B Commencement Date and $34,000.00 shall be deducted
from the seventh monthly fixed rental payment following the Phase I Part B
Commencement Date;
(iii) $500,000-00 (the "Roof Security") shall be paid to Landlord as
additional security deposit for Tenant's obligations under the Lease (which
$500,000.00 shall be in addition to the Part B Security and any other security
paid to Landlord under the Lease). Provided Tenant fully and timely complies
with all of its obligations under the Lease, (a) $250,000.00 of the Roof
Security shall he returned to Tenant, without interest, (1) upon Landlord's
receipt of written approval from Landlord's architect that the Improvements have
been completed in accordance with the Architectural Plans, which approval shall
not be unreasonably withheld, delayed or conditioned and upon Landlord's receipt
of written approval from Tenant's engineer that the Roof Equipment has been
installed in conformance with the Engineering Plans and the Architectural Plans
and (2) upon completion of the Roof Work in accordance with applicable site plan
approvals (without bonding) and (b) the $250,000.00 balance of the Roof security
shall be returned to Tenant, without interest, upon Tenant's removal of all Roof
Equipment and Tenant's restoration of the roof of the Building to the condition
it was in prior to the commencement of the Roof Work.
7. Miscellaneous. (a) All capitalized terms used in this
Amendment, unless otherwise defined herein, shall have the respective meanings
ascribed to said terms in the Lease.
(b) Paragraphs 29(a) and 31 of the Original Lease, are hereby
omitted and are of no further force or effect.
(c) Tenant agrees to paint the back of the Building to its
original color on or before June 30, 2001.
(d) Tenant agrees to relocate door "3B" as designated on the
Architectural Plans to the side of the Building nearest said door's present
location on or before December 31, 2001. Tenant also agrees to restore door "3A"
as designated on the Architectural Plans to grade level unless said restoration
to grade constitutes a violation of the applicable code. Notwithstanding the
foregoing, Tenant may modify the location or grading of door "3A" and "3B" in
another manner if approved in advanced and in writing by Landlord a Architect.
(e) From and after the date hereof, Landlord shall have
responsibility for the roof of the Building and Tenant shall be responsible for
repair and maintenance of the roof.
(f) Prom and after the date hereof, Landlord shall have no
responsibility for landscaping or snow removal for the Demised Premises and
Tenant shall be responsible for all landscaping and snow removal and said items
shall no longer constitute Operating Costs. All landscaping and snow removal
shall be performed by Tenant in a first-class manner commensurate with similar
first-class office projects in Northern New Jersey. In the event that Landlord's
lender or the municipality shall complain as to the quality of the Landscaping
or snow removal, Landlord shall have the right, but not the obligation, to take
back the landscaping and/or snow removal duties upon thirty (30) days written
notice to Tenant (unless Tenant cures the problem to the satisfaction of the
complaining party within said 30 day period.), in which event the landscaping
and/or snow removal costs shall again, be charged to Tenant as Operating Costs.
(g) Landlord shall indemnify and hold Tenant harmless from and
against and claim asserted by a broker for a commission for bringing about this
Amendment.
(h) Xxxxxxxx X. Xxxxxx agrees to personally guaranty the
return of the Part B Security and the Roof Security in accordance with the terms
of paragraph 6 of this Amendment.
8. Termination Right. In the event that Landlord shall not
have substantially completed Landlord's Work on or before June 30, 2003, Tenant
shall have the right to terminate Tenant's obligation to lease the Part B
Premises by sending a written termination notice to Landlord no later than July
15, 2003, time being of the essence. In the event Tenant fails to deliver said
written notice to Landlord on or before July 15, 2003, Tenant shall be deemed to
have waived this termination right. In the event
Tenant timely terminates its obligation to lease the Part B Premises, Landlord
shall, within, thirty (30) days of its receipt of Tenant's termination notice
return to Tenant the Part B Security and the Phase I Rent.
9. Subletting of Part B Premises. Notwithstanding the
provisions of paragraph 18(c) of the Lease, so long as Tenant is not in default
under the Lease beyond any cure or grace period provided for in the Lease,
Tenant shall have the right to sublet all or a portion of the Part B Premises
without the consent of Landlord and without Landlord having a recapture right.
Any such sublet shall be subject to the conditions set forth in paragraph 18(b)
of the Lease.
10. No Other Modification. This Amendment is intended to
modify and amend only those provisions of the Lease as specified in this
Amendment, and, except as specified herein, all of the terms and conditions of
the Lease, as previously amended, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands
and seals the day and year first above written.
LANDLORD:
XXXXXX HI-TECH CENTER, L.P.
BY: UNITED STATES LAND RESOURCES, L.P.,
General Partner
BY: UNITED STATES REALTY RESOURCES,
INC., General Partner
By:
-------------------------------
XXXXXXXX X. XXXXXX, President
TENANT:
ANADIGICS, INC.
By:
----------------------------------
Name: XXXX XXXXXXX
Title: President
As to the litigation to
return the Part B Security
and Roof Security as set
forth in paragraph 7(h)
above
--------------------------
XXXXXXXX X. XXXXXX
EXHIBITS
Exhibit A. Plans dated April 23, 1999 prepared by Xxxxxx Xxxxxxxx
Designs, Inc, entitled Proposed Building for Warrenville Hi-Tech Center, sheets
A-1 through A-6
Exhibit B: Landlord Work (see attached)
Exhibit C: Engineering Plans prepared by Integrated Pro Project
Services signed and sealed on November 27, 2000 (w legend revision dates of June
14, 2000, June 23, 2000 and July 7, 2000) under file #0046.01 and containing 72
sheets.
Exhibit D: Architectural Plan dated December 18, 2000 prepared by
Xxxxxx Xxxxxxxx Design, Inc. and entitled Proposed Building Renovation for
Anadigics, containing one sheet designated as SK-1.
Exhibit E: Amended Preliminary / Final Major Site Plan, dated November
2, 1998 and last revised January 6, 2000, prepared by Xxxxxxx & Xxxxxx / Land
Planning, containing 12 sheets.
EXHIBIT B
LANDLORD'S PART B WORK
1. Erect steel for two story approximately 6o,ooo square foot building.
2. Skin new building in material as shown on Exhibit A.
3. Pour floor slabs.
4. Stub single water line, gas and electric inside building wall for
standard office space.
5. Construct roof equivalent to existing building.
Landlord shall perform the work set forth in items 1 through 5 above in
compliance with all governmental requirements and by utilizing construction
materials of equal or better quality than those used for the construction of the
existing Building.
6. Complete site work as shown on site plan attached hereto as Exhibit
E, as weather permits.
In the event that Landlord has failed to substantially complete said
site work by December 31, 2001, (except for top coarse paving, irrigation and
landscaping which is to be substantially completed by Landlord by June 30,
2002), Tenant may by written notice to Landlord, notify Landlord that Tenant
intends to complete such work. If Landlord shall fail to complete said work
within thirty (30) days of the receipt of said notice, weather permitting,
Tenant shall have the right to complete said work and Landlord shall no longer
be obligated to complete said work, and said work shall no longer be deemed to
be Landlord's responsibility, Landlord shall upon receipt of reasonable evidence
of the cost of said work, reimburse Tenant for the reasonable cost of such work.
In the event that Landlord shall fail to reimburse Tenant reasonable cost of
such work within thirty (30) days of the date of receipt of said notice and
evidence of Tenant's reasonable costs, Tenant may obtain reimbursement of said
costs by deducting said sum from the fixed rent next becoming due under the
Lease.
EXHIBIT A
(NEW BUILDING PLAN)
EXHIBIT B
LANDLORD'S PART B WORK
1. Erect steel for two story approximately 60,000 square foot building.
2. Skin new building in material as shown on Exhibit A.
3. Pour floor slabs.
4. Stub single water line, gas and electric inside building wall for
standard office space.
5. Construct roof equivalent to existing building.
Landlord shall perform the work set forth in items 1 through 5 above in
compliance with all governmental requirements and by utilizing construction
materials of equal or better quality than those used for the construction of the
existing Building.
6. Complete site work as shown on site plan attached hereto as Exhibit E,
as weather permits.
In the event that Landlord has failed to substantially complete said
site work by December 31, 2001, (except for top coarse paving, irrigation and
landscaping which is to be substantially completed by Landlord by June 30,
2002), Tenant may by written notice to Landlord, notify Landlord that Tenant
intends to complete such work. If Landlord shall fail to complete said work
within thirty (30) days of the receipt of said notice, weather permitting,
Tenant shall have the right to complete said work and Landlord shall no longer
be obligated to complete said work, and said work shall no longer be deemed to
be Landlord's responsibility. Landlord shall upon receipt of reasonable evidence
of the cost of said work, reimburse Tenant for the reasonable cost of such work.
in the event that Landlord shall fail to reimburse Tenant reasonable cost of
such work within thirty (30) days of the date of receipt of said notice and
evidence of Tenant's reasonable costs, Tenant may obtain reimbursement of said
costs by deducting said sum from the fixed rent next becoming due under the
Lease.
EXHIBITS
Exhibit A: Plans dated April 23, 1999 prepared by Xxxxxx Xxxxxxxx
Designs, Inc. entitle Proposed Building for Warrenville Hi-Tech Center, sheets
A-i through A-6
Exhibit B: Landlord Work (see attached)
Exhibit C: Engineering Plans Prepared by Integrated Pro Project
Services signed and sealed on November 27, 2000 (w legend revision dates of June
14, 2000, June 23, 2000 and July 7, 2000) under file #0046.01 and containing 72
sheets.
Exhibit D: Architectural Plan dated December 18, 2000 prepared by
Xxxxxx Xxxxxxxx Design, Inc. and entitle Proposed Building Renovation for
Anadigics, containing one sheet designated as SK-1.
Exhibit E: Amended Preliminary I Final Major Site Plan, dated November
2, 1998 and last revised January 6, 2000, prepared by Xxxxxxx & Xxxxxx / Land
Planning, containing 12 sheets.
