EXHIBIT 10.2.10
AFTER RECORDING RETURN TO: CROSS REFERENCE TO:
▇▇▇▇▇ & Kala, L.I.C. Deed Book 14847, Page 224,
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Bldg. D Records
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FIRST AMENDMENT TO GROUND LEASE
THIS FIRST AMENDMENT TO GROUND LEASE ("Amendment") dated as of February 29,
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2000, is between SCIENTIFIC-ATLANTA, INC., a Georgia corporation ("Ground
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Lessor") and WACHOVIA CAPITAL MARKETS, INC., a Georgia corporation ("Ground
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Lessee").
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WHEREAS Ground Lessor and Ground Lessee executed that certain Ground Lease
("Ground Lease") dated as of July 30, 1997, and filed for record on October 9,
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1997, in Deed Book 14847, Page 224, Records of Gwinnett County, Georgia;
WHEREAS Ground Lessor and Ground Lessee wish to amend certain provisions of
the Ground Lease, subject to the terms set forth below;
NOW, THEREFORE, for and in consideration of the sum of Ten and No/100
Dollars ($10.00) and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, Ground Lessor and Ground Lessee
hereby agree as follows with respect to the Ground Lease:
1. Amendments to Ground Lease. The legal description attached to the
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Ground Lease as Exhibit "B" is hereby deleted and replaced in its entirety with
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Exhibit "B" attached hereto.
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2. Continued Validity. Ground Lessor and Ground Lessee hereby acknowledge
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and agree that, except as expressly modified hereby, the Ground Lease has not
been modified or amended, is in full force and effect in accordance with the
terms and provisions thereof as modified hereby, and is hereby ratified and
confirmed by both Ground Lessor and Ground Lessee.
3. Binding Effect. This Amendment shall insure to the benefit of and be
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binding upon Ground Lessor and Ground Lessee and their respective successors,
legal representatives and permitted assigns.
4. Defined Terms. All initially-capitalized terms used but not defined
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herein shall have the meaning ascribed thereto in the Ground Lease.
[THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
IN WITNESS WHEREOF, the Ground Lessor and Ground Lessee have caused this
Amendment to be executed under seal as of the date first above written.
GROUND LESSEE:
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Signed, sealed and delivered in the WACHOVIA CAPITAL MARKETS,
presence of: INC., a Georgia corporation
/s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇ By: /s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
Unofficial Witness Printed Name: ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
Printed Title: Senior Vice Preisident
/s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ [CORPORATE SEAL]
Notary Public-▇▇▇▇ County, Georgia
My Commission Expires: July 27, 2002
[NOTARIAL SEAL]
GROUND LESSOR:
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Signed, sealed and delivered in the SCIENTIFIC-ATLANTA, INC., a Georgia
presence of: corporation
/s/ ▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇ By: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
Unofficial Witness Printed Name: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
Printed Title: CFO & Treasurer
/s/ ▇▇▇▇▇ ▇. ▇▇▇▇ [CORPORATE SEAL]
Notary Public, Gwinnett County, Georgia
My Commission Expires: Sept. 13, 2002
[NOTARIAL SEAL]
Pursuant to Section 10(d) of the Lease, Wachovia Bank, N.A., a national banking
association, in its capacity as agent for the Lenders, as Leasehold Mortgagee,
hereby consents to this First Amendment to Ground Lease.
Signed, sealed and delivered WACHOVIA BANK, N.A., a
in the presence of: national banking association,
as agent for the Lenders
/s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ By: /s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
Unofficial Witness Name: ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
Title: Senior Vice President
/s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ [SEAL]
Notary Public-▇▇▇▇ County, Georgia
My Commission Expires: July 27, 2002
[NOTARIAL SEAL]
EXHIBIT "B"
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Legal Description
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ALL THAT TRACT OR PARCEL OF LAND lying and being in Land ▇▇▇ ▇▇ ▇▇ ▇▇▇ ▇▇▇
▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, as shown on that ALTA/ACSM Survey for
Scientific-Atlanta, Inc., Wachovia Capital Markets, Inc., and Commonwealth Land
Title Insurance Company, dated September 9, 1999, last revised October 27, 1999,
by ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇, ▇▇., G.R.L.S. No. 2402, and being more particularly
described as follows (the "Benefitted Property"):
To find the true point of beginning, commence at the southwestern corner of
Land Lot 43, said point being the common corner to Land Lots 36, 37, 42 and 43;
THENCE, North 12 degrees 18 minutes 17 seconds East for a distance of
394.14 feet to THE POINT OF BEGINNING;
THENCE, North 37 degrees 46 minutes 38 seconds West for a distance of
893.12 feet to a point;
THENCE, North 52 degrees 09 minutes 06 seconds East for a distance of
539.90 feet to a point;
THENCE, South 37 degrees 48 minutes 35 seconds East for a distance of
433.79 feet to a point;
THENCE, South 52 degrees 08 minutes 14 seconds West for a distance of 53.95
feet to a point;
THENCE, South 37 degrees 53 minutes 33 seconds East for a distance of
545.74 feet to a point;
THENCE, South 52 degrees 32 minutes 00 seconds West for a distance of
265.27 feet to a point;
THENCE, North 37 degrees 49 minutes 56 seconds West for a distance of 83.17
feet to a point;
THENCE, South 52 degrees 32 minutes 00 seconds West for a distance of
221.94 feet to a point;
Said property contains 11.03 acres more or less.
TOGETHER WITH a perpetual non-exclusive easement, over, across and through
the real property described on Exhibit "A-1" attached hereto (the "Burdened
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Property"). The easement shall be located on a sixty-foot strip of land to be
designated by the owner of the Benefitted Property. The purpose of the easement
is to (i) provide ingress to and egress from the Benefitted Property, (ii)
permit the construction and maintenance of a sixty-foot roadway to serve the
Benefitted Property, and (iii) permit the location, use, construction and
maintenance of utilities to serve the Benefitted Property and the improvements
located thereon, including water, sewer, electricity, gas, cable television and
storm drainage. In the event the owner of the Burdened Property is the
successor-in-interest to Scientific-Atlanta, Inc., then all utilities
constructed from and after the date of such succession-in-interest must be
located within the sixty-foot strip of land. Prior to the date of such
succession-in-interest, if any utilities serving the Benefitted Property are
located outside of the sixty-foot roadway, Scientific-Atlanta, Inc. shall grant
additional easements in order to permit the location, use, construction and
maintenance of such utilities. Scientific-Atlanta, Inc. reserves the right to
relocate at its sole expense any and all of the easements created hereby. Such
relocation shall be performed in such a manner as to provide for continuous
ingress to, egress from, and use of utilities by, the Benefitted Property.