Exhibit 10.21
OFFICE BUILDING LEASE
J & C Associates I, a Delaware LLC, hereinafter called Landlord, hereby leases
unto Americomusa, Inc., a Delaware corporation, hereinafter called Tenant on
this 12th day of August, 1999, those certain premises known as Office No. 206
situated on the 2nd floor of that certain building known as the Fox Hills Garden
Offices, ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇ the premises being
leased to Tenant being outlined in red on the floor plan attached hereto, made a
part hereof and marked Exhibit "A".
The said premises shall be used as general offices and for no other business or
purpose, without the prior written consent of Landlord.
The Premises shall be provided in accordance with Exhibit "B" attached hereto
and made a part hereof.
1. TERM. Landlord leases the Premises to Tenant, and Tenant hires and takes the
same from Landlord for a term of four (4) years commencing on the earlier date
to occur of (a) the completion of construction of the Premises by Landlord
pursuant to Exhibit "B", or (b) the day Tenant opens for business in the
Premises. Term to commence September 1, 1999.
Landlord and Tenant hereby agree that in the event the demised premises
are not completed and possession delivered to Tenant on or before (not
applicable), then and in that event this Lease shall be deemed null and void,
have no further force or effect, and any security deposit made herewith shall be
promptly returned to the Tenant.
2. RENT. Tenant shall pay to Landlord, at Landlord's office in the building or
to such person or at such other place as Landlord may from time to time
designate, as rental for the Premises, without offset or deduction and in lawful
money of the United States, the sum of ($55,201.44) Fifty-Five Thousand Two
Hundred One and 44/100 dollars ($4,600.12 per month) per annum, payable in equal
monthly installments in advance on or before the first day of each successive
calendar month during the term hereof. Rent for a partial month shall be
prorated on the basis of a thirty (30) day month and paid at the commencement of
such partial month. Landlord acknowledges receipt from Tenant of rent for the
first full month of the term of this lease. The rental for which provision is
hereinabove made shall be adjusted as of January 1 of each year during the term
of this lease to reflect any change in the cost of living. Adjustments shall be
calculated on the basis of the Los Angeles-Long Beach Metropolitan Area All
Items Consumer Price Index (the "Index") 1982-100 Standard Reference Base,
published by the Bureau of Labor Statistics by the United States Department of
Labor. Such adjustment shall be made by multiplying the rental for which
provision is hereinabove made by a fraction, the numerator of which is the Index
as of the December immediately preceding such January 1 and the denominator of
which is the Index for the month the term of this lease commences. If the Index
for any December shall not be published, the official index published by the
Bureau of Labor Statistics (or any successor agency) which is most nearly
equivalent to the Index shall be substituted.
3. SECURITY DEPOSIT. Tenant has paid to Landlord upon execution of this lease
the sum of ($4,600.00) Four Thousand Six Hundred and 00/100 dollars as security
for the
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performance of Tenant's obligations hereunder. In the event of default by
Tenant, Landlord at its option may apply such part of the deposit as may be
necessary to cure the default, and if Landlord does so, Tenant shall upon demand
redeposit with Landlord an amount equal to that so applied so that Landlord will
have the full security deposit on hand at all times during the term of this
lease. Upon the termination of this Lease (provided Tenant is not in default
hereunder) Landlord shall refund to Tenant any then remaining balance of the
deposit without liability whatsoever for payment of interest on any monies
deposited or redeposited by Tenant pursuant to this Article.
4. UTILITIES AND SERVICES. Landlord agrees to furnish reasonable amounts of
heat, air conditioning, water, normal electrical service, (Landlord reserves the
right to separately meter electrical service and Tenant agrees to pay monthly
charges) elevator service and janitorial service (five days a week) to the
Premises during the hours that the Building is open as provided by Exhibit "C".
Landlord shall not be liable for any injury, damage, inconvenience or otherwise
which may arise or result should the furnishing of any such services be
interrupted or prevented by fire, accident, strike, riot, Act of God, the making
of necessary repairs or improvements, or any other cause beyond the reasonable
control or prevention of Landlord, nor shall the rent payable by Tenant
hereunder ▇▇▇▇▇. Wherever heat generating machines or equipment are used by
Tenant in the prmises which affect the temperature otherwise maintained by the
air conditioning system, Landlord reserves the right to install supplementary
air conditioning units in the Premises and the cost thereof, including the cost
of installation and the cost of operation and maintenance thereof, shall be paid
by Tenant to Landlord upon demand by Landlord.
5. MAINTENANCE, REPAIR AND ALTERATIONS. Tenant shall at its expense keep in good
order, condition and state of repair all portions of the Premises, with the
exception of the structural portions thereof which shall be the responsibility
of Landlord. Tenant shall reimburse Landlord on demand for the cost of repairing
any damage to the Premises or the Building caused by Tenant or its employees,
agents or invitees. In the event Tenant fails to comply with the requirements of
this Section, Landlord may effect such maintenance and repair and the cost
thereof with interest at 10% per annum shall be immediately payable to Landlord
as additional rent.
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Tenant shall not make any alterations, additions or improvements to the Premises
or any part thereof without first obtaining Landlord's prior written consent.
Landlord may make any repairs, alterations or improvements which Landlord may
deem necessary for the preservation, safety or improvement of the Premises or
the Building. All alterations, additions and improvements made by Tenant shall
become the property of Landlord upon the making thereof and shall be surrendered
to Landlord upon the expiration of this lease or, at Landlord's election, shall
be removed (with all damage caused by such removal being repaired) by Tenant at
its sole cost and expense and with all due diligence.
6. ACCESS. Landlord and its agents shall have the right to enter into and upon
the Premises at all reasonable times for the purpose of inspecting, cleaning,
repairing, altering or improving the Premises or the Building. Landlord shall
have the right to show the premises to prospective Tenants during the ninety
(90) day period prior to the expiration of the term of this Lease and shall have
the right at all reasonable times to show the Premises to prospective Purchasers
of and lenders upon the Building.
7. DAMAGE OR DESTRUCTION. In the event of a partial destruction of the said
premises during the said term, from any cause, Landlord shall forthwith repair
the same, provided such repairs can be made within sixty (60) days under the
laws and regulations of State, County or Municipal authorities, but such partial
destruction shall in no wise annul or void this Lease, except that Tenant shall
be entitled to a proportionate deduction of rent while such repairs are being
made, such proportionate deduction to be based upon the extent to which the
making of such repairs shall interfere with the business carried on by Tenant in
the said premises. If such repairs cannot be made in sixty (60) days, Landlord
may, at his option, make same within a reasonable time, this Lease continuing in
force and effect and the rent to be proportionately rebated as aforesaid in this
article provided. In the event that Landlord does not so elect to make such
repairs which cannot be made in sixty (60) days, or such repairs cannot be made
under such laws and regulations, this Lease may be terminated at the option of
either party. In respect to any partial destruction which Landlord is obligated
to repair or may elect to repair under the terms of this Article the provisions
of Section 1932, Subdivision 2, and of Section 1933, Subdivision 4, of the Civil
Code of the State of California are waived by Tenant. In the event that the
building in which the demised premises may be situated be destroyed to the
extent of not less than thirty-three and one third (33-1/3%) percent of the
replacement cost thereof, Landlord may elect to terminate this Lease, whether
the demised premises be injured or not. A total destruction of the building in
which the said premises may be situated shall terminate this Lease.
8. CONDEMNATION. In the event the premises, or any part thereof, shall be taken
by any exercise of the right of eminent domain or by action of any public or
other authority during this Lease or any extension thereof, then this Lease
shall terminate at the election of the Landlord, and if the Landlord shall not
so elect to terminate this Lease then the rental shall be proportionately
adjusted. The Landlord reserves all rights to damages to said premises and the
leasehold hereby created, hereafter accruing by reason of any exercise of the
right of eminent domain, or by reason of anything lawfully done and in pursuance
of any public or other authority; and by way of confirmation, the Tenant grants
to the Landlord all of the Tenant's rights to such damage and covenants to
execute and deliver such further instruments of assignment thereof as the
Landlord may from time to time request.
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9. INDEMNIFICATION OF LANDLORD -- LIABILITY INSURANCE BY TENANT. Tenant, as a
material part of the consideration to be rendered to Landlord under this Lease,
hereby waives all claims against Landlord for damage to goods, wares and
merchandise in, upon or about said premises and for injuries to persons in or
about said premises, from any cause arising at any time; and Tenant will hold
Landlord exempt and harmless from any damage or injury to any person, or the
goods, wares, and merchandise or any person, arising from the use of the
premises by Tenant, or from the failure of Tenant to keep the premises in good
condition and repair, as herein provided.
During the entire term of this Lease, the Tenant shall, at the Tenant's
sole cost and expense, but for the mutual benefit of Landlord and Tenant,
maintain general public liability insurance against claims for personal injury,
death or property damage occurring in, upon or about the demised premises and on
any sidewalks directly adjacent to the demised premises. The limitation of
liability of such insurance shall be not less than Two hundred thousand dollars
($200,000.00) in respect to injury or death of one person, and not less than
Five hundred thousand dollars ($500,000.00) in respect to any one accident and
not less than Fifty thousand dollars ($50,000.00) in respect to property damage.
All such policies of insurance shall be issued in the name of Tenant and
Landlord and for the mutual and joint benefit and protection of the parties, and
such policies of insurance or copies thereof shall be delivered to the Landlord.
10. ASSIGNMENT AND SUBLETTING. Tenant shall not assign this Lease, or any
interest therein, and shall not sublet the demised premises or any part thereof,
or any right or privilege appurtenant thereto, or permit any other person (the
agents and servants of Tenant excepted) to occupy or use the demised premises,
or any portion thereof, without first obtaining the written consent of Landlord.
Consent by Landlord to one assignment, subletting, occupation or use by another
person shall not be deemed to be a consent to any subsequent assignment,
subletting, occupation or use by another person. Consent to an assignment shall
not release the original named Tenant from liability for the continued
performance of the terms and provisions on the part of Tenant to be kept and
performed, unless Landlord specifically and in writing releases the original
named Tenant from said liability. Any assignment or subletting without the prior
written consent of Landlord shall be void and shall, at the option of Landlord,
terminate this Lease. This Lease shall not, nor shall any interest therein, be
assignable, as to the interest of Tenant, by operation of Law without the prior
written consent of Landlord. Landlord agrees not to unreasonably withhold its
consent to any assignment or subletting by Tenant.
11. DEFAULT. Each of the following shall be deemed an "Act of Default" by Tenant
and a material breach of the Lease: (a) Tenant shall fail to pay the rental or
any other sum payable hereunder for a period of three days after written notice
by Landlord; or (b) Tenant shall fail to observe, keep or perform any of the
other terms, covenants, agreements or conditions herein that Tenant is obligated
to observe or perform for a period of twenty (20) days after written notice by
Landlord; or (c) Tenant shall become bankruptcy or insolvent, or make a transfer
in fraud of creditors, or make an assignment for the benefit of creditors or
take or have taken against Tenant any proceeding of any kind under any provision
of the Federal Bankruptcy Act or under any other insolvency, bankruptcy,
reorganization of similar act; or (d) A receiver is appointed for a substantial
part of the assets of Tenant; or (e) Tenant shall vacate or abandon the
premises.
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In the event the Act of Default specified in the notice provided for in
clause (b) above is of such a type that it cannot be cured or corrected within
said thirty (30) day period, then Tenant shall not be in default hereunder if it
shall commence the correct of such default so specified within said thirty (30)
day period and diligently prosecutes the same to completion.
If Tenant commits an Act of Default hereunder, Landlord, at any time
thereafter and without waiving any other rights available to Landlord, at law or
in equity, may: (i) If Landlord does not terminate Tenant's right to possession
even though Tenant has breached this Lease and/or vacated or abandoned the
premises, enforce all of Landlord's rights and remedies under this Lease,
including the right to recover rent as it becomes due under this Lease; or (ii)
Declare the term hereof ended, re-enter the premises, with or without process of
law, and remove all persons therefrom. In this event Tenant shall be liable to
Landlord in an amount equal to the "worth at the time of the award" (as said
term is defined in Section 1951.2, Subdivision (b) of the Civil Code of
California) and the then unpaid rent for the balance of the term of this Lease
to the extent it exceeds the amount of any rental toss that Tenant proves could
be reasonably avoided.
The remedies granted to Landlord in the event of an Act of Default by
Tenant are nonexclusive of any other legal remedies or rights available in law
or equity to Landlord. No act of Landlord shall be deemed an act terminating
this Lease or declaring the Lease term ended unless a written notice is served
upon Tenant by Landlord expressly setting forth therein that Landlord elects to
terminate this Lease or to declare the term ended.
12. SURRENDER OF LEASE. The voluntary or other surrender of this Lease by
Tenant, or a mutual cancellation thereof, shall not work a merger, and shall, at
the option of Landlord, terminate all or any existing sub-leases or
sub-tenancies, or may, at the option of Landlord, operate as an assignment to
him of any or all of such sub-leases or sub-tenancies.
13. FREE FROM LIENS. Tenant shall keep the demised premises and the property in
which the demised premises are situated free from any liens arising out of any
work performed, material furnished, or obligation incurred by Tenant.
14. ABANDONMENT. Tenant shall not vacate or abandon the demised premises at any
time during the term of this Lease; and if Tenant shall abandon, vacate or
surrender, the demised premises or be dispossessed by process of law, or
otherwise, any personal property belonging to Tenant and left on the demised
premises shall be deemed to be abandoned at the option of Landlord, except such
property as may be mortgaged to Landlord.
15. SUBORDINATION, ATTORNMENT. Upon request of the Landlord, Tenant will in
writing subordinate its rights hereunder to the lien of any first mortgage, or
first deed of trust, to any bank, insurance company or other lending
institution, now or hereafter in force against the land and building of which
the demised premises are a part, and upon any building hereafter placed upon the
land of which demised premises are a part, and to all advances made or hereafter
to be made upon the security thereof.
In the event any proceedings are brought for foreclosure, or in the
event of the exercise of the power of sale under any mortgage or deed of trust
made by the Landlord covering the
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demised premises, the Tenant shall at the option of the purchaser, attorn to the
purchaser upon any such foreclosure or sale and recognize such purchaser as the
Landlord under this Lease.
The provisions of this Article to the contrary notwithstanding, and so
long as Tenant is not in default hereunder, this Lease shall remain in full
force and effect for the full term hereof.
Within 10 (ten) days after request therefore by Landlord, or in any
event that upon any sale, assignment or hypothecation of the demised premises or
the land thereunder by the Landlord, an offset statement shall be required from
Tenant, Tenant agrees to deliver in recordable form a certificate addressed to
any such proposed mortgagee or purchaser or to the Landlord certifying that this
Lease is in full force and effect (if such be the case) and that there are no
differences or offsets thereto or stating those claimed by Tenant.
16. NOTICES. Wherever in this Lease it shall be required or permitted that
notice and demand be given or served by either party to this Lease to or on the
other, such notice or demand shall be given or served and shall not be deemed to
have been duly given or served unless in writing and forwarded by certified or
registered mail, addressed as follows:
TO: Landlord TO: Tenant
AT: ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇., #▇▇▇ AT: ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ #▇
▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇
Either party may change such address by written notice by certified or
registered mail to the other.
17. ATTORNEY FEES. Should either party institute legal proceedings against the
other arising out of this contract, the prevailing party shall be entitled to
reasonable attorney's fees, to be fixed by the court in the said action.
18. SIGNS. Tenant shall not place or maintain or permit to be placed or
maintained (and shall promptly remove any that may be placed) (i) any signs or
advertising of any kind whatsoever on the exterior of the Building or on any
exterior windows of the Building or elsewhere within the Premises so as to be
visible from the exterior of the Building, or on the interior walls or
partitions, including doorways, of the Premises visible from the elevator
lobbies, public hallways or other public areas of the Building, except such
numerals and lettering on doorways of the Premises as may be approved and
permitted by Landlord (and Landlord shall have the right to specify the size,
design, content, materials to be used and location upon said doorways of any
such numerals and lettering), and (ii) any awnings or other structure or
material or machinery or equipment of any kind whatsoever on the exterior or
extending to the exterior of the Building, or on the outside of any interior
wall or partition separating the Premises from other portions or areas of the
Building.
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19. REIMBURSEMENT FOR INCREASES IN REAL ESTATE TAXES AND OPERATING COSTS. As
used herein, the term "Base Year" shall mean the calendar year 1999. In the
event the building is not in full operation for the entire Base Year, the
Operating Expenses for the period of operation and for the portion of the
building actually in operation during the Base Year shall be considered in order
to determine and project the Operating Expenses for the full Base Year for
purposes of this Paragraph 19. For purposes of this lease, the term "Operating
Expenses" shall mean the costs and expenses for the operation, management,
repair or maintenance of the building and the parking and other common
facilities operated or used in conjunction therewith as if the building were
fully occupied, and shall include, but not be limited to, the following: real
estate taxes and assessments; public liability, rental interruption, and
property damage insurance in such amounts as Landlord shall determine from time
to time; personal property taxes levied or assessed on personal property of
Landlord used in connection with the building or parking or other common
facilities; and maintenance and operating charges (including an allowance to
Landlord for Landlord's supervision and management) with respect to the building
or parking or other common facilities operated or used in connection therewith.
Tenant hereby agrees to pay to Landlord as additional rental 9.2 % of any
increase in Operating Expenses over those for the Base Year. Commencing on
January 1 of the calendar year immediately following the Base Year and on the
first day of each month thereafter during the term of this lease. Tenant shall
pay to Landlord an estimate of any such increase reasonably anticipated by
Landlord at the rate of 1/12th of Tenant's share of such estimated increase.
Appropriate adjustment shall be made yearly during the term of this lease based
upon a statement to be furnished to Tenant by Landlord following the close of
each calendar year after the Base Year. Each such statement shall set forth any
increase in Operating Expenses for the particular calendar year in question, and
the aggregate of monthly payments by Tenant on account thereof. If such
statement reflects any such increase which has not been paid to Landlord by
Tenant by means of the monthly payments, then Tenant shall pay the amount of
such deficiency within thirty (30) days after the date such statement was mailed
to Tenant. If such statement reflects an overpayment by Tenant, then Landlord
shall credit Tenant with the amount of such overpayment against the monthly
payments thereafter due from Tenant on account of any increase in Operating
Expenses. Tenant's obligations pursuant to this Paragraph 19 shall be determined
on a non-cumulative basis each calendar year following the Base Year without
regard to any amounts paid or payable by Tenant with respect to any other
calendar year following the Base Year.
20. PERSONAL PROPERTY TAXES. Tenant shall pay, before delinquency, any and all
taxes and assessments on fixtures, furnishings, equipment and other personal
property to be assessed and billed separately from the real property of
Landlord. In the event any or all of the Tenant's fixtures, furnishings,
equipment and other personal property shall be assessed and taxed with the
Landlord's real property, the Tenant shall pay to Landlord its share of such
taxes within ten (10) days after delivery to Tenant by Landlord of a statement
in writing setting forth the amount of such taxes applicable to the Tenant's
property.
21. QUIET ENJOYMENT. Landlord agrees that Tenant, upon payment of rent,
additional rent, and all other sums of money required hereby and the due and
punctual performance of all of Tenant's covenants and obligations under this
Lease shall have the quiet and undisturbed possession of the Premises.
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22. RULES AND REGULATIONS. The rules and regulations attached hereto and marked
Exhibit "C", as well as such rules and regulations as may hereafter be adopted
by Landlord for the safety, care and cleanliness of the premises and the
preservation of good order thereon, are hereby expressly made a part hereof, and
Tenant agrees to obey all such rules and regulations.
23. HOLDING OVER. Any holding over after the expiration of the term of this
lease, with the consent of Landlord, shall be construed to be a tenancy from
month to month, cancellable upon thirty (30) days written notice, and at a
rental and upon terms and conditions as existed during the last year of the term
hereof.
24. PARKING AND COMMON FACILITIES. Landlord covenants that upon completion of
the office building an area equal to the common and parking areas as shown in
the attached Exhibit "D", which is made a part hereof, shall be at all times
available for the non-exclusive use of Tenant during the full term of this Lease
or any extension of the term hereof, provided that the condemnation or other
taking by any public authority, or sale in lieu of condemnation, of any or all
of such common and parking areas shall not constitute a violation of this
covenant. Landlord reserves the right to change the entrance, exits, traffic
lanes and the boundaries and locations of such parking area or areas: provided,
however, that anything to the contrary notwithstanding contained in this Article
24, said parking area or areas shall at all times be equal or equivalent to that
shown on the attached Exhibit "D".
(a) Prior to the date of Tenant's occupation of the demised premises,
Landlord shall cause said common and parking area or areas to be
graded, blacktopped, lighted and appropriately marked and landscaped
at no expense to Tenant.
(b) The Landlord shall keep said automobile parking and common areas and
pole sign in a neat, clean and orderly condition, properly lighted and
landscaped, and shall repair any damage to the facilities thereof.
25. COMPLIANCE WITH LAWS. Tenant shall, at his sole cost and expense comply with
all of the requirements of all municipal, state and federal authorities now in
force or which may hereafter be in force pertaining to the use of said premises,
and shall faithfully observe in said use all Municipal ordinances and State and
Federal statutes now in force or which shall hereafter be in force. The judgment
of any Court of competent jurisdiction, or the admission of Tenant in any
action, or proceeding against Tenant, whether Landlord be a party thereto or
not, that Tenant has violated any such order or statute in said use, shall be
conclusive of that fact as between the Landlord and Tenant.
Tenant shall not commit, or suffer to be committed, any waste upon the
demised premises, or any nuisance or other act or thing which may disturb the
quiet enjoyment of any Tenant in the building in which the demised premises may
be located.
26. SUCCESSORS IN INTEREST. The covenants herein contained shall, subject to the
provisions as to assignment, apply to and bind the heirs, successors, executors,
administrators and assigns of all the parties hereto; and all of the parties
hereto shall be jointly and severally liable hereunder.
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27. TENANT'S PERFORMANCE. In the event Tenant shall fail within any time limits
which may be provided herein to complete any work or perform any other
requirement provided to be performed by Tenant prior to the commencement hereof,
or in the event Tenant shall cause a delay in the completion of any work,
Landlord shall send Tenant written notice of said default and if said default is
not corrected within ten (10) days thereafter, Landlord shall have the option of
terminating this Lease by a written notice of termination and upon forwarding of
said notice this Lease shall cease and terminate. Landlord shall be entitled to
retain as liquidated damages all deposits made hereunder and such improvements
as Tenant may have annexed to the realty that cannot be removed without damage
thereto.
28. FORCE MAJEURE. If either party hereto shall be delayed or prevented from the
performance of any act required hereunder by reason of acts of God, strikes,
lockouts, labor troubles, in ability to procure materials, restrictive
governmental laws or regulations or other cause without fault and beyond the
control of the party obligated (financial inability excepted), performance of
such act shall be excused for the period of the delay and the period for the
performance of any such act shall be extended for a period equivalent to the
period of such delay; provided, however, nothing in this Article 28 contained
shall excuse Tenant from the prompt payment of any rental or other charge
required of Tenant hereunder except as may be expressly provided elsewhere in
this Lease.
29. PARTIAL INVALIDITY. If any term, covenant, condition or provision of this
Lease is held by a court of competent jurisdiction to be invalid, void or
unenforceable, the remainder of the provisions hereof shall remain in full force
and effect and shall in no way be affected, impaired or invalidated thereby.
30. NONDISCRIMINATION AND NONSEGREGATION. The Tenant herein covenants by and for
itself, its successors and assigns, and all persons claiming under or through
them, and this Lease is made and accepted upon and subject to the following
conditions: That there shall be no discrimination against or segregation of any
person or group of persons, on account of sex, marital status, race, color,
religion, creed, national origin, or ancestry, in the leasing, renting,
subleasing, transferring, use, occupancy, tenure, or enjoyment of the land and
improvements herein leased nor shall the lessee itself, or any person claiming
under or through it, establish or permit such practice or practices of
discrimination or segregation with reference to the selection, location, number,
use or occupancy of tenants, lessees, sublessees, subtenants, or vendees in the
land and improvements herein leased.
31. LATE FEE. There. shall be a late fee of ten (10%) percent on all charges due
under the Lease (rent, HVAC, etc.) which are received in Landlord's office
postmarked more than ten (10) days after the due date.
32. ASSIGNMENT FEE. Pursuant to Paragraph 10 of the Lease, Tenant shall pay
Landlord a $350 assignment/subletting fee upon Landlord's consent thereto.
IN WITNESS WHEREOF, the parties have duly executed this Lease together
with the herein referred to Exhibits which are attached hereto, the day and year
first above written.
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J & C ASSOCIATES I, LLC AMERICOMUSA, INC.
By /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇ /s/ ▇▇▇▇ ▇▇▇▇▇
------------------------- -----------------------------
"Landlord" "Tenant"
▇▇▇▇▇▇ ▇. ▇▇▇▇▇ By: /s/ ▇▇▇▇ ▇▇▇▇▇
Managing Member Its: Chief Operating Officer
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▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇., ▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇. ▇▇▇▇▇
(▇▇▇) ▇▇▇-▇▇▇▇ - Fax (▇▇▇) ▇▇▇-▇▇▇▇
December 14, 1999
Americomusa, Inc.
▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇
▇▇▇▇▇ ▇▇▇
▇▇▇▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇
RE: Lease Modification Agreement
Gentlemen:
This will confirm our understanding and agreement, concerning that certain
lease, dated August 12, 1999, by and between AMERICOMUSA, INC., as Tenant, and J
& C ASSOCIATES I, LLC, as Landlord, for those certain premises known as ▇▇▇▇▇
▇▇▇, ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇, ▇▇, as follows:
1. Some time in January, 2000, your premises shall be enlarged to include
▇▇▇▇▇ ▇▇▇, ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇, ▇▇, comprising 2,938
r.s.f., as shown on Exhibit "A" attached hereto and made a part hereof.
2. Your monthly rent shall increase from $4,600.12 to $8,860.22, effective
three (3) business days after the date your additional premises are
available for occupancy.
3. Your share of operating expenses per Paragraph 19 shall increase from
9.2% to 16.54%.
4. Your security deposit shall increase from $4,600.00 to $9,000.00
5. You agree to accept the new premises in "as is" condition.
6. The existing tenant in Suite 108 is moving to Suite 210 immediately
after January 1, 2000 when that space becomes available. You will be
notified when Suite 108 is available and agree to occupy the premises
and the lease term will commence three (3) business days after written
notification.
7. All other terms and conditions of the lease shall remain the same.
To signify your full understanding and agreement concerning this Lease
Modification Agreement, please sign below and return both copies to us. We will
execute and return one copy for your files.
J & C ASSOCIATES I, LLC
AGREED TO AND ACCEPTED
this ____ day of December, 1999
▇▇▇▇▇▇ ▇. ▇▇▇▇▇ AMERICOMUSA, INC.
Managing Partner
By: Authorized Signatory
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By: Authorized Signatory
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