EXHIBIT 10.32
SECOND AMENDMENT TO SERVICE CENTER LEASE
This
Second Amendment to Service Center Lease (“Amendment”)
is made and entered into this 17th day of August, 2005, by and
between TM Properties, L.L.C., successor to The Lincoln National
Life Insurance Company (“Landlord”) and Lackland
Acquisition II, LLC as (“Tenant”).
WHEREAS,
Landlord and Tenant entered into that certain Service Center Lease
dated November 28, 2001 (“Lease”), whereby Tenant
leased those certain premises containing approximately 30,705
square feet in Suites 1828, 1836A, 1836B, and 1842 (“Leased
Premises”) at the building known as Meadows Corporate Center
II, located at Lackland Hill Parkway, St. Louis, Missouri, 63146
(“Building”); and,
WHEREAS,
Landlord and Tenant entered into the First Amendment to Service
Center Lease dated August 17, 2005, whereby Tenant leased an
additional 9,361 square feet being Suite 1884-7 at the building
known as Meadows Corporate Center IV; and,
WHEREAS,
the Landlord and Tenant entered into an Assignment of Lease dated
August 17, 2005, whereby Tenant assumed the rights and obligations
of Suite 1884-4 at the building known as Meadows Corporate Center
IV at Lackland Hill Parkway, St. Louis, Missouri 63146 containing
approximately 6,295 square feet, from the lease dated November 28,
2001 by and between InfoNow Solutions of St. Louis, LLC and TM
Properties, L.L.C., successor to The Lincoln National Life
Insurance Company (“Landlord”); and,
WHEREAS,
the Landlord and Tenant desire to extend the term of the Lease for
Suite 1884-4 at Meadows Corporate Center IV and Suites 1828,
1836A, 1836B, and 1842, at Meadows Corporate Center II and to
modify and amend certain terms and conditions of the Lease as
hereinafter provided.
NOW,
THEREFORE, in consideration of the Leased Premises and mutual
covenants and agreements herein contained and for other good and
valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, Tenant and Landlord agree as
follows:
1.
Recitals . The recitals set forth above are incorporated
herein by this reference with the same force and effect as if fully
set forth hereinafter.
2.
Capitalized Terms . Capitalized terms not otherwise defined
herein shall have the meaning ascribed to them in the
Lease.
3.
Extended Term. The Lease regarding Suite 1884-4 at the
building known as Meadows Corporate Center IV, has an Expiration
Date of August 31, 2006. The Lease regarding Suites 1828, 1836A,
1836B, and 1842, at the building known as Meadows Corporate Center
II, has an Expiration Date of August 31, 2008. The Expiration Date
of the Lease is hereby extended to the date which coincides with
the expiration date of Suite
1
1884-7 at the building known as Meadows Corporate Center IV, as
outlined in the First Amendment to Service Center Lease dated
August 17, 2005 between TM Properties, LLC and Lackland Acquisition
II, LLC. Such Expiration Date is anticipated to be September 30,
2010 and will be confirmed by the execution of the Certificate
Affirming the Expiration Date attached hereto as Exhibit
A.
4.
Base Rent for Suite 1884-4 . Base Rent for the extended term
shall be payable by Tenant to Landlord, in advance, on the first
day of each month, as follows:
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Period
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Annual Base Rent per SF
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Monthly Base Rent
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September 1, 2006 through
August 31, 2008
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$13.00
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$6,819.58
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September 1, 2008 through
The Expiration Date
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$13.25
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$6,950.73
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Payments
of Base Rent for any fractional calendar month shall be
prorated.
5.
Base Rent for Suites 1828, 1836A, 1836B, and 1842 . Base
Rent for the extended term shall be payable by Tenant to Landlord,
in advance, on the first day of each month, as follows:
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Period
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Annual Base Rent per SF
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Monthly Base Rent
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September 1, 2008 through
The Expiration Date
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$13.25
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$33,903.44
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Payments
of Base Rent for any fractional calendar month shall be
prorated.
6.
Tenant Improvements. Tenant accepts the space “as
is” except Landlord shall provide a Thirty Nine Thousand
Dollar ($39,000) Tenant Improvement Allowance. The Tenant
Improvement Allowance may be utilized for space plans, construction
documents, permits, management fees, engineering fees, hard
construction, and other construction related improvements to the
Leased Premises. In addition, Tenant may utilize the allowance for
other expenses in the Leased Premises related to Tenant’s
occupancy, including such uses as cable installation and office
furniture. Tenant may choose to have the Landlord manage the
construction process at a management fee rate of 5% of hard
construction costs. Payment of the allowance will be made by
Landlord upon