THIRD AMENDMENT TO LEASE
STATE OF TEXAS
COUNTY OF XXXXXX
This Third Amendment to Lease ("Amendment") is made and entered into as
of 8/8/95 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, and the Second Amendment to Lease dated
December 29, 1994, for certain premises known as 000 Xxxxxxx Xxxxx Xxxxx, Xxxxx
000, Xxxxxxx, Xxxxx 00000 consisting of approximately 12,230 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, the First Amendment
to Lease and the Second Amendment to Lease to allow for 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, the Second Amendment to Lease, and this Third Amendment to
Lease; and
C. Whereas, 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. Whereas, 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 September 1, 1995, Landlord and Tenant mutually agree to
expand the "Leased Premises" to a total leasable area of 18,155 square feet
(see attached Exhibit "A"-Site Plan and Exhibit "A-1"-Expansion Premises).
2. Landlord and Tenant agree to extend the expiration date of the existing
lease term to August 31, 2000.
3. It is agreed and understood by both parties that as of the date of this
Amendment, the existing Lease, First Amendment to Lease, and Second Amendment to
Lease shall govern the "Expansion Premises" as outlined in Item 1 above with
the exception of the provisions contained herein to the contrary.
PAGE 1 OF 3
THIRD AMENDMENT TO LEASE (CONTINUED)
4. The monthly base rental shall remain as scheduled in the Second
Amendment to Lease until August 31, 1995, at which time the base rental shall be
modified and scheduled as follows:
September 1, 1995 - February 28, 1996: $6,378.23 per month
March 1, 1996 - January 31, 1997: $7,443.55 per month
February 1, 1997 - August 31, 2000: $7,806.65 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
and the Second Amendment to Lease 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 SEPTEMBER 1, 1995, TENANT SHALL PAY $1,270.85 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 September, 1995, rent and other charges:
Base Rent: $ 6,387.23
Common Area Maintenance: $ 1,270.85
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TOTAL PAYMENT FOR SEPTEMBER, 1995: $ 7,658.08
===========
Rent and expense charges will remain as scheduled in the Second Amendment to
Lease Agreement and as are currently being paid by Tenant until August 31, 1995.
8. Landlord agrees to perform miscellaneous interior improvements to the
expansion premises which shall include patch and repair of the acoustical
ceiling, demolition of some existing interior walls, relocation of existing
doors and hardware, installation of new interior walls where indicated on the
construction drawings, miscellaneous electrical additions including outlets,
switches and other requirements, replacement of existing flooring with carpet or
tile and new cove base pursuant to Tenant's desires, servicing the existing HVAC
systems and relocating ductwork as needed, repainting of the interior of the
leased premises, and minor plumbing work which will include capping off existing
service to one/two restrooms. LANDLORD SHALL PROVIDE TENANT AN ALLOWANCE EQUAL
TO $20,000 FOR THE ABOVE REFERENCED IMPROVEMENTS. SHOULD THE COST OF THE SPACE
IMPROVEMENTS EXCEED $20,000, TENANT SHALL BE REQUIRED TO PAY ANY OF THESE
ADDITIONAL EXPENSES. THIS ALLOWANCE DOES NOT INCLUDE CONSTRUCTION MANAGEMENT FEE
AND ARCHITECTURAL FEES WHICH WILL BE PAID BY LANDLORD. LANDLORD WILL HIRE AN
ARCHITECT TO COMPILE A SIMPLE CONSTRUCTION DRAWING DEPICTING THE SPECIFIC ITEMS
REQUESTED BY TENANT FOR THE SPACE IMPROVEMENTS REFERRED TO HEREIN.
9. Except as otherwise stated herein, all other terms and conditions of
the Original Lease Agreement dated January 16, 1991, the First Amendment to
Lease Agreement dated December 7, 1993, and the Second Amendment to Lease dated
December 29, 1994, 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 "Expansion Premises" located at 000 Xxxxxxx Xxxxx Xxxxx,
Xxxxx 000, Xxxxxxx, Xxxxx 00000.
PAGE 2 OF 3
THIRD AMENDMENT TO LEASE (CONTINUED)
This Amendment shall be binding upon and inure 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 8th day of August, 1995.
Exhibit List:
Exhibit "A" -- Site Plan
Exhibit "A-1" -- Expansion Premises
TENANT: LANDLORD:
INDUSTRIAL DATA SYSTEMS 600 C.C. BUSINESS PARK, LTD.
BY: XXXXXXX XXXXXX BY: XXXX X. XXXXXXXX
NAME: Xxxxxxx Xxxxxx NAME: Xxxx X. Xxxxxxxx
TITLE: President TITLE: General Partner
DATE: 8/4/95 DATE: 8/8/95
PAGE 3 OF 3
EXHIBIT "A"
[SITE PLAN GRAPHIC OMITTED]
CENTURY CENTER
MAP
MAXICORP, INC.
000 000-0000
SITE PLAN
LAND AREA 9.058 ACRES
XXXXX XXXXXXXX XXXX 000000 S.F.
BLDG. A 34260 S.F. BLDG. B 39880 S.F.
(00000 Xxxxxxx Xxxxx) (00000 Xxxxxxx Xxxxx)
XXXX. X 00000 S.F. BLDG. D 27450 S.F.
(000 Xxxxxxx Xxxxx Xxxxx) (609 Century Plaza Drive)
PARKING 398 CARS (3.1/1000 S.F.)
EXPANSION
PREMISES
CURRENT
LEASED
PREMISES
EXHIBIT "A-1"
[EXPANSION PREMISES GRAPHIC OMITTED]
CURRENT LEASE PREMISES
APPROXIMATELY 12,230 SQ. FT.
EXPANSION PREMISES
APPROXIMATELY 5,925 SQ. FT.
