Exhibit 10.1
SECOND AMENDMENT TO LEASE
AGREEMENT
THIS SECOND AMENDMENT TO LEASE
AGREEMENT (the “Second Amendment”), is made this
20 th day of May, 2009, by and between FUND XIII AND
FUND XIV ASSOCIATES, a Georgia joint venture (as
“Landlord”) and SIEMENS SHARED SERVICES, LLC (Siemens
Real Estate Division), a Delaware limited liability company (as
“Tenant”).
W I T N E S
S E T H :
WHEREAS, NBS Orlando Quad 14, LLC
(“NBS”) and Tenant did enter into that certain Lease
Agreement (the “Original Lease”), dated as of
April 23, 2002, for space in that certain building (the
“3500 Building”) at 3500 Quadrangle Boulevard, Orlando,
Florida, as more particularly described in the Original Lease (the
“Premises).
WHEREAS, NBS did convey its interest
in the Building and Original Lease to Landlord.
WHEREAS, Landlord and Tenant did
enter into that certain First Amendment to Lease Agreement (the
“First Amendment”), dated as of August 27, 2007,
for space at 3626 Quadrangle Boulevard, Orlando,
Florida.
WHEREAS, the Original Lease as
modified by the First Amendment, is herein sometimes collectively
referred to as the “Lease”.
WHEREAS, Landlord and Tenant desire
to modify and amend the Lease, in the manner and for the purposes
herein set forth.
NOW, THEREFORE, for and in
consideration of the mutual covenants contained herein, and for Ten
and No/100 Dollars ($10.00) and other good and valuable
consideration, paid by the parties to one another, the receipt and
sufficiency of which are acknowledged by the parties hereto, the
parties hereto hereby covenant and agree as follows:
1. Effective Date . The
effective date of this Second Amendment (the “Effective
Date”) shall be October 1, 2009. This Second Amendment
shall be binding on the parties hereto upon the execution and
delivery of this Second Amendment by all parties hereto,
notwithstanding that the Effective Date shall be a later
date.
2. Premises . Tenant hereby
leases and rents from Landlord, and Landlord hereby leases and
rents to Tenant, the same space as leased by Tenant under the
Lease, being 7,076
rentable square feet, in that certain building
located at 3626 Quadrangle Square (which building is adjacent to
the 3500 Building and which building is owned by the same owner as
the 3500 Building), as well as 52,125 rentable square feet in the
3500 building, for a total of 59,201 rentable square feet leased by
Tenant (collectively, the “Premises”).
3. Lease Extension Term . The
term of lease for the Premises shall be extended by two
(2) years (the “Extension Term”), through
September 30, 2011, unless sooner terminated in accordance
with the Lease. Tenant has no further rights to extend or renew the
term of the Lease.
4. Base Rent . The Premises
shall be leased at the rate of Base Rent on a per square foot per
annum basis for the Extension Term, and Tenant hereby covenants and
agrees to pay Landlord, the amounts as follow:
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Annual Base
Rent (per
square foot,
per annum)
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Monthly
Base Rent
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Annual
Base Rent
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October 1, 2009 - September 30,
2010
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$
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15.53
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$
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76,615.96
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$
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919,391.53
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October 1, 2010 - September 30,
2011
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$
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16.00
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$
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78,934.67
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$
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947,216.00
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Such Base Rent shall be payable at
the times and in the manner that Rent is paid under the Original
Lease, from and after the Effective Date. Upon request of either
Landlord or Tenant, Landlord will forward to Tenant,
Landlord’s account information and wire transfer instructions
so that Tenant can pay all Base Rent and Additional Rent by wire
transfer of immediately available federal funds.
5. Operating Costs and Taxes
. (a) Tenant’s Share of Operating Costs, as defined in
the Original Lease, shall be due from Tenant with respect to the
Premises for the Extension Term, in the same manner and at the same
time as such Operating Costs are due with respect to the Premises,
under the Original Lease.
(b) Tenant’s Share of Taxes,
as defined in the Original Lease, shall be due from Tenant with
respect to the Premises for the Extension Term, in the same manner
and at the same time as such Taxes are due with respect to the
Premises, under the Original Lease.
6. Tenant Improvement
Allowance . (a) Tenant shall take and accept the Premises
in its current, “as is” condition. Work in the
Premises, if any, shall be performed under Tenant’s
supervision and direction (and Landlord shall not be
responsible
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for such work). Work shall take place while
Tenant is in occupancy of the Premises. Work shall be performed
based upon plans approved by Landlord, in Landlord’s
reasonable discretion, at reasonable times, using contractors and
subcontractors consented to by Landlord, in Landlord’s
reasonable judgment.
(b) Landlord shall provide a tenant
improvement allowance in connection with the Extension Term and for
use on improvements, alterations, modifications, and any other
changes in or related to the Premises (but not for the purchase of
equipment or other personal property), of Four and No/100 Dollars
($4.00) per rentable square foot therein, or $236,804.00 in the
aggregate (the “Extension Allowance”). Tenant may apply
the Extension Allowance against the cost of the improvements
described in Exhibit A attached her