SECOND AMENDMENT TO OFFICE LEASE
Exhibit
10.63
SECOND
AMENDMENT TO OFFICE LEASE
THIS SECOND AMENDMENT TO OFFICE LEASE is made and entered into
as of the
30th day
of August, 1992, by and between WEST*MAC Associates Limited
Partnership, a Virginia limited partnership (hereinafter called
“Landlord”), and the Federal Home Loan Mortgage
Corporation, a federally chartered corporation (hereinafter
called “Tenant”).
RECITALS:
A. Landlord and Tenant are parties to that certain
Office Lease dated December 22, 1986, as amended by a
certain First Amendment to Office Lease dated as of
December 15, 1990 (the “Lease”), whereby Tenant
is leasing from Landlord a certain building located at
0000 Xxxxx Xxxxxx Xxxxx, XxXxxx, Xxxxxxxx 00000 (the
“Building”), together with associated parking areas
and certain appurtenant land described on Exhibit A
attached to the Lease.
B. Landlord and Tenant desire to amend the Lease to
alter the property description of the land covered thereby.
NOW, THEREFORE, in consideration of the Recitals and other good
and valuable consideration the receipt and sufficiency of which
are hereby acknowledged, Landlord and Tenant agree as follows:
1. Exhibit A to the Lease, which contains a
metes-and-bounds
description of the land demised under the Lease, is hereby
deleted in its entirety, and the description attached hereto as
Exhibit A is hereby substituted in its place.
2. The parties agree that the final amount of Basic
Annual Rent payable for the first year of the term of the Lease
is $7,903,262.10, calculated as follows:
Total Cost of Building Shell (excluding 1.1 times
construction period interest on land): |
$ | 81,162,364.40 | ||
Mortgage Constant on Permanent Financing:
|
$8.27% | |||
Construction Period Interest on Land:
|
$ | 5,715,310.65 |
($81,162,364.40 × 8.27% × 1.1) + ($5,715,310.65 ×
8.27% × 1.1) = $7,903,262.10
3. Except as expressly modified herein, the Lease
remains unmodified and is in full force and effect.
-2-
IN WITNESS WHEREOF, Landlord and Tenant have hereunto affixed
their hands and seals as to the date first above written.
TENANT:
THE FEDERAL HOME LOAN MORTGAGE
CORPORATION, a federally chartered corporation
By: |
/s/ Xxxxxx
X. Xxxxxxxx
|
LANDLORD:
WEST*MAC ASSOCIATES
LIMITED PARTNERSHIP
By: | THE FEDERAL HOME LOAN |
MORTGAGE CORPORATION,
a federally chartered corporation,
Managing General Partner
By: |
/s/ Xxxxxx
X. Xxxxxxxx
|
By: | WESTPARK MANAGEMENT COMPANY |
a Virginia Corporation, General Partner
By: |
/s/ X.
X. Xxxxxx
|
EXHIBIT A
DESCRIPTION OF
A PORTION OF
THE LAND OF
WEST*MAC ASSOCIATES LIMITED PARTNERSHIP
PROVIDENCE DISTRICT
FAIRFAX COUNTY, VIRGINIA
BEGINNING at a point on the northern right-of-way of XXXXX
BRANCH DRIVE ROUTE 5062 (100’ wide) and the south
westerly most point in the herein described parcel.
THENCE proceeding through the land of WEST*MAC ASSOCIATES
LIMITED PARTNERSHIP
N03°08’25”W
397.54 feet to a point on the southern right-of-way of
WASHINGTON DULLES AIRPORT ACCESS ROAD. (variable width).
THENCE proceeding along the southern right-of-way of WASHINGTON
DULLES AIRPORT ACCESS ROAD the following courses and distances
S89°44’26”E 148.65 feet to a point;
N03°33’17”W 30.47 feet to a point;
N86°51’35”E 541.33 feet to a point;
S76°55’52”E 154.64 feet to a point
N13°30’08”E 45.06 feet to a point;
N86°51’55”E 388.20 feet to a point.
THENCE departing said right-of-way and proceeding through the
land of WEST*MAC ASSOCIATES LIMITED PARTNERSHIP the following
courses and distances S05°49’15”W
144.07 feet to a point;
S52°18’26”W
425.44 feet to a point; S20°15’50”W
210.23 feet to a point on the aforementioned northern
right-of-way of XXXXX BRANCH DRIVE.
THENCE with the said right-of-way of XXXXX BRANCH DRIVE,
N77°22’06”W 293.76 feet to a point.
507.27 feet along an arc of a circle curving to the left
having a radius of 2088.36 feet a delta of
13°55’03” and a chord bearing and distance
N84°19’37”W 506.03 feet to the point and
place of BEGINNING AND CONTAINING 11.5245 ACRES OF LAND.
XXXXXXX, XXXX AND ASSOCIATES
June 5, 1992
29-2-15-4B1
2634PH1.DES