Exhibit 10.18(b)
SECOND AMENDMENT TO
LEASE
This Second Amendment To Lease
(“Amendment”), dated as of September 19th, 2006,
between W. Andrew Wright (“Landlord”) and Addus
HealthCare, Inc. (“Tenant”).
WHEREAS , Landlord and Tenant are parties to that
certain Office Lease, dated April 1, 1999, by and between W.
Andrew Wright, as Landlord, and Addus HealthCare, Inc., as Tenant,
and as amended April 1, 2002 (“Lease”);
and,
WHEREAS , the parties wish to extend and make certain
changes to said Lease.
NOW, THEREFORE
, in consideration of the foregoing
and the mutual covenants, conditions and agreements contained
herein, and for good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, Landlord and Tenant
hereby agree as follows:
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1.
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All capitalized
terms used herein shall have the same meaning ascribed to them in
the Lease, unless otherwise specifically defined herein.
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2.
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The Schedule of
the Lease is hereby amended and restated in its entirety to now
read as follows:
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(1)
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Premises:
Entire second floor and the suites #114, 123, 124A, 124B and 124C
of the Building, all as shown on Exhibits Al and A2 which are
referred to and incorporated herein in their entirety.
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(2)
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Annual Base
Rent:
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1 st year
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$
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320,000
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2 nd year
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$
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329,600
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3 rd year
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$
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339,488
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4 th year
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$
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349,673
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5 th year
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$
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360,163
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1 st year
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$
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26,666.67
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2 nd year
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$
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27,466.67
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3 rd year
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$
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28,290.67
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4 th year
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$
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29,139.42
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5 th year
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$
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30,013.58
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(4)
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Tenant’s
Proportionate Share:
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57.08
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%
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(5)
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Base Expenses
or Common Operating Expenses
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or Base Expense
Year:
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2006
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(6)
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Base Taxes or
Base Tax Year:
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2006
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(7)
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CPI
Factor:
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N/A
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(8)
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CPI Base
Month:
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N/A
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(9)
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Security
Deposit:
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-0-
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(10)
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Broker:
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N/A
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(11)
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Commencement
Date of Second Amendment:
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September 19, 2006
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(12)
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Expiration date
of Second Amendment:
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September 18, 2011
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(13)
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Guarantor:
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None
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3.
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A new
subsection 2A(v) is added which reads:
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(v) “Common Areas” shall
mean all areas and facilities within the Building that are not
designated by landlord for the exclusive use of Tenant or any other
lessee or other occupant of the Building, including the parking
areas, access and perimeter roads pedestrian sidewalks, landscaped
areas, trash enclosures, recreation areas and the like.
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4.
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The first
sentence of subsection 2B(ii) is replaced in its entirety to now
read:
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(ii) Adjustment rent
(“Adjustment Rent”) in an amount equal to
Tenant’s Proportionate Share of (i) the increase in
Taxes for any calendar year over the Base Taxes (if the Schedule
sets forth a Base Tax Year rather than Base Taxes, Base Taxes shall
equal the amount of Taxes for the Base Tax Year, as set forth in
Schedule item # 6) and (ii) the increase in the Common
Operating Expenses for any calendar year over the Base Expenses or
Common Operating Expenses or Base Expense Year, as set forth in
Schedule item # 5.
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5.
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A new
Section 8A is added which reads:
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8A.
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Common
Operating Expenses
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8A.1
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Common
Operating Expense Payment Provisions: The following provisions
shall apply to the obligations of Tenant with respect to Common
Operating Expenses:
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A.
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Payment shall
be made by whichever of the following methods is from time to time
designated by Landlord, and landlord may change the method of
payment at any time. After each calendar year during the Term of
this lease, Landlord may invoice Tenant for Tenant’s
Adjustment Rent as it relates to Tenant’s Proportionate Share
of the increase in Common Operating Expenses for such calendar
year, and Tenant shall pay such amount so invoiced within five
(5) days after receipt of such notice. Alternatively,
(i) Landlord shall deliver to Tenant Landlord’s
reasonable estimate of the amount of Adjustment Rent as it relates
to Tenant’s Proportionate Share of the increase in Common
Operating Expenses it anticipates will be paid or incurred for the
calendar year in question; (ii) during such calendar year,
Tenant shall pay such Tenant’s Adjustment Rent as it relates
to Tenant’s Proportionate Share of the estimated increase in
Common Operating Expenses in advance in equal monthly installments
due with each installment of Rent; and (iii) within ninety
(90) days after the end of such calendar year,
Landlor
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