Exhibit 10.20
LEASE AMENDMENT NO. 1
This LEASE AMENDMENT NO. 1 (this amendment) is entered into as of
December 20, 1996, by and between Computer Learning Centers, Inc., Successor to
CLC TRAINING CORPORATION, a Delaware corporation ("Tenant"), and COMMUNITY
TOWERS, LLC, a Delaware limited liability company ("Landlord") , with reference
to the following facts:
A. Landlord and Tenant are the current parties to that certain
Standard Office Lease, dated as of August 12, 1991, together with an Addendum to
Lease dated August 19, 1991 (said lease and said addendum together shall be
referred to as the ("Lease"), for the lease by Tenant of space in a building
located at 000 Xxxxx Xxxxxx Xxxxxx, Xxx Xxxx, Xxxxxxxxxx, as more particularly
described in the Lease (the "Leased Premises") . All capitalized terms referred
to in this Amendment shall have the same meaning defined in the Lease, except
where expressly defined to the contrary in this Amendment.
B. Tenant has exercised its right to extend the Lease pursuant to
section 50 of the Addendum to Lease comprising a part of the Lease.
Accordingly, the parties desire to confirm such extension of the term of the
lease and the monthly Base Rent during said extended term, upon the terms and
conditions hereinafter set forth.
NOW, THEREFORE, in consideration of the foregoing and the mutual
covenants hereinafter contained, and for other good and valuable consideration,
the receipt and sufficiency of which are hereby acknowledged, the parties hereto
agree as follows:
1. Confirmation. Tenant acknowledges and agrees that: (a) Tenant is
in sole possession of the Leased Premises demised under the Lease; (b) all work,
improvements and furnishings required by Landlord under the Lease have been
completed and accepted by Tenant; (c) all free rent and any other concession
required under the Lease have been granted, used and otherwise satisfied; and
(d) it has no offset, claim, recoupment or defense against the payment of rent
and other sums and the performance of all obligations of Tenant under the tease.
2. Extended Term. Tenant has exercised its right under section 50
of the Addendum to Lease comprising a part of the Lease to extend the term of
the Lease for five (5) years as provided in this Amendment. Accordingly section
1.5 of the Lease is amended to provide that the term of the Lease is extended
for five (5) years and shall expire on December 20, 2001 (said extended term
shall be referred to herein as the "Extended Term") . The parties acknowledge
that Tenant has no further right to extend the term of the Lease. As a result,
sections 50 and 60 of said Addendum to Lease are hereby deleted.
3. Base Rent During Extended Term. Effective December 21,
1996, the monthly Base Rent during the Extended Term is $31,972.80, which
includes during the Extended Term the cost for the 100 parking spaces
provided in section 2.2 of the Lease and section 54 of said Addendum to
Lease. Monthly Base Rent for any partial month shall be prorated on a
daily basis.
4. Parking. During the Extended Term, Lessee shall continue to
have right to use 90 spaces at the so called "Church" parking lot and 10
spaces at the Xxxxxxxx parking lot fronting on San Xxxxx Street, as
provided in section 54 of said Addendum to Lease, or in each case at
another parking location within the radius set forth in section 54 of said
Addendum to Lease; however such other location does not have to be in a
facility controlled by Xxxxxxxx. The third paragraph (regarding Lessee
option to lease up to 30 additional spaces) of section 54 of said Addendum
to Lease is of no further force or effect. Neither Lessee nor any of its
officers, employees, agents, students or invitees shall have any right to
park without cost at the Office Building Project. Notwithstanding the
deletion of Lessee's option to purchase up to 30 additional parking spaces
under the third paragraph of section 54 of said Addendum, Lessor agrees to
cooperate in good faith with Lessee in connection with Lessee's efforts to
lease up to thirty (30) additional parking spaces at any parking facility
within a two (2) block radius of the Building; provided, however, that (i)
Lessee acknowledges and agrees that providing or obtaining all or any
portion of such additional spaces is not an obligation of Lessor nor a
condition to the performance of any obligation of Lessee, (ii) if all or
any number of such additional spaces are made available to Lessee, Lessee
shall be solely responsible for all costs and expenses for such additional
spaces, and (iii) if all or any number of such additional spaces are made
available, it may be done on terms and conditions acceptable to Lessor in
its good faith but sole and absolute discretion and there is no agreement,
guaranty, warranty or requirement that such additional space will be
available throughout the term of the Lease, as extended hereby.
5. HVAC. There currently exists a heating and air-conditioning
unit on the ground floor of the Building that services the Leased Premises
("Ground Floor HVAC Unit"). At such time as Landlord shall be able to
provide (and shall provide) the same level of comfort presently achieved
using the Ground Floor HVAC Unit through use of the HVAC system available
to the Building, Landlord shall have the right to disconnect the Ground
Floor HVAC Unit.
6. Hours of Operation. Section 53 of the Addendum to Lease
comprising a part of the Lease is amended to provide that Lessee's hours of
operation shall only be as follows:
7:00 a.m. to 11:00 p.m. - Mondays, Wednesday and Thursday
7:00 a.m. to 6:00 p.m. - Tuesdays and Fridays
10:00 a.m. to 4:00 p.rn. - Saturdays
None - Sundays
7. General Provisions.
7.1 Further Assurances. Landlord and Tenant each agree to
execute any and all documents and agreements reasonably requested by the
other party to further evidence or effectuate this Amendment.
7.2 Successors and Assigns. This Amendment shall be
binding upon and inure to the benefit of the parties hereto and their
successors and assigns.
7.3 Reaffirmation. As amended hereby, the Lease shall
remain in full force and effect.
7.4 Conflicts. In case of any conflict between any term
or provision of this Amendment and the Lease, the term or provision of this
Amendment shall govern.
7.5 Counterparts. This Amendment may be executed in one
or more counterparts, each of which shall be deemed an original, but all of
which when taken together shall constitute one agreement.
IN WITNESS WHEREOF, this Amendment has been executed as of the
date first set forth above.
LANDLORD: COMMUNITY TOWERS, LLC,
a Delaware limited liability company
By: DIVCO COMMUNITY INVESTORS, LLC
Its: Manager
By:
Name:
Its:
TENANT: Computer Learning Centers, Inc., (successor to
CLC TRAINING CORPORATION,) a Delaware corporation
By:
Name:
Its:
