SUPPLEMENTAL AGREEMENT
This Supplemental Agreement made and entered into in quadruplicate this 16th day
of June, 1972 by and between INVESTORS EQUITY OF IOWA, INC., an Iowa Corporation
(hereinafter referred to as "Landlord") and WEST DES MOINES STATE BANK, an Iowa
Banking Corporation (hereinafter referred to as "Tenant") and is in compliance
with the provisions of Article II, Sub-paragraph C of one (1) certain Lease by
and between the parties hereto which Lease is dated September 9, 1971 and is
incorporated as a part thereof.
WITNESSETH
ARTICLE I.
Term
The term of the Lease by and between the above named parties which Lease was
dated on or about September 9, 1971 shall be for a period of twenty (20) years
from and after the 1st day of May, 1972 and expire on the 30th day of April
1992. It is agreed, however, by and between the Landlord and Tenant that the
Tenant shall pay unto the Landlord as rent for that portion of the month of May
between the 15th and 31st as shall be determined by an arbitrator with the full
rental payments to commence as of the 1st of June, 1972.
ARTICLE II.
Construction Requirements
Tenant acknowledges that Landlord has complied with all construction
requirements imposed upon it under the terms of the Lease as related to the
leased premises, except as to such items, if any, as are set forth upon Exhibit
"1" attached hereto and by reference made a part hereof which items, if any,
shall be completed by the Landlord in accordance with the Schedule upon said
Exhibit "1". No modification of term of Lease, or rental adjustment shall be
made or allowed with reference to the items referred to upon said Exhibit "1".
Tenant agrees that it is not entitled to damages, and Landlord is not liable for
damages under Article XXXV of the Lease and claims, if any, of the Tenant
thereunder, are waived for adequate consideration.
ARTICLE III.
RENT
It is agreed that the "square feet" of Office Building occupied by the Tenant
under Article III of the Lease of September 9, 1971, at the rate of $6.50 per
square foot is 8,965 square feet and that the square footage occupied by the
tenant classified as unfinished space, which requires no further finish by the
Landlord, is 1,035 square feet, at the rental of $5.50 per square foot. This
Article is for the purpose of defining accurately the square feet classified as
finished space, and as unfinished space.
It is further agreed that Tenant shall surrender to the Landlord, upon written
demand from the Landlord, the "unfinished space" upon the second floor of the
office building, exclusive of that portion required for location and servicing
of the existing telephone installation now in place, in exchange for an equal
amount of "unfinished space" in the interior of the second floor, generally to
be located north of the hallway which joins the present unfinished space. Said
substituted "unfinished space" shall be finished by the Landlord to a standard
similar to the condition of the unfinished space as of this date, for which the
exchange is being made. Tenant shall at its sole expense, move its own fixtures,
equipment, supplies, and other miscellaneous personal property located in the
unfinished area being surrendered to the Landlord, to the new substituted area.
IN WITNESS WHEREOF, the Landlord and Tenant have caused this Supplemental
Agreement to be executed by their duly authorized officers the day and year
first above written.
LANDLORD TENANT
INVESTORS EQUITY OF IOWA, INC. WEST DES MOINES STATE BANK
By: By:
Its Its
By: By:
Its Its
STATE OF IOWA )
) S.S.
COUNTY OF POLK )
On this ____ day of _______________, 1972, before me, the undersigned, a Notary
Public in and for said County, in said State, personally appeared ____________
and ___________, to me personally known, who, being by me duly sworn, did say
that they are the __________________________ and ______________________,
respectively, of ___________________________, that no seal has been procured by
the said corporation; that said instrument was signed on behalf of said
corporation by authority of its Board of Directors; and that the said
_______________ and ____________ as such officers acknowledged the execution of
said instrument to be the voluntary act and deed of said corporation, by it and
by them voluntarily executed.
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Notary Public in and for
State of Iowa
STATE OF IOWA )
) S.S.
COUNTY OF POLK )
On this 16th day of June, 1972, before me, the undersigned, a Notary Public in
and for said County, in said State, personally appeared X. X. Xxxxxxx and X. X.
Xxxxxx to me personally known, who, being by me duly sworn, did say that they
are the President and Vice President, respectively, of Investors Equity of Iowa,
Inc., that the seal affixed thereto is the seal of the corporation; that said
instrument was signed and sealed on behalf of said corporation by authority of
its Board of Directors; and that the said X. X. Xxxxxxx and X. X. Xxxxxx as such
officers acknowledged the execution of said instrument to be the voluntary act
and deed of said corporation, by it and by them voluntarily executed.
/s/ Xxxx Xxxxxxxx III
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Notary Public in and for
State of Iowa
EXHIBIT "1" OF SUPPLEMENTAL AGREEMENT
1. Check list attached marked Exhibit "100" to be completed within a
reasonable period of time, taking in to account strikes and other delays,
if any, beyond Landlord's control. Said work to be performed by Landlord in
a workmanshiplike manner.
2. Warranties as to workmanship and performance available to the Landlord from
the Contractor and/or architect under Landlord's respective agreements with
each, shall inure to the benefit of the Tenant to the extent thereof, not
to exceed one (1) year, and Landlord agrees to use reasonable diligence to
require performance under said agreements for the mutual benefits of
Landlord and Tenant in the event of breach thereof.
EXHIBIT "1" OF SUPPLEMENTAL OPINION
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LANDLORD TENANT
