EXHIBIT 10.16
WILDWOOD OFFICE PARK
FINANCIAL SERVICE CORPORATION
EIGHTH AMENDMENT TO LEASE
THIS EIGHTH AMENDMENT TO LEASE ("Amendment"), is made the 30th day of
----
September, 1996, between Wildwood Associates, a Georgia General Partnership
comprised of International Business Machines Corporation, a New York
Corporation, and Cousins Properties Incorporated, a Georgia Corporation, having
an office at Suite 1600, 0000 Xxxxx Xxxxx Xxxxxxx, Xxxxxxx, Xxxxxxx 00000-0000,
hereinafter called "Lessor", and Financial Service Corporation having its
principal office at Suite 1100, 0000 Xxxxx Xxxxx Xxxxxxx, Xxxxxxx, Xxxxxxx
00000, hereinafter called "Lessee".
W I T N E S S E T H:
--------------------
WHEREAS Lessor and Lessee entered into that certain Lease dated March 29,
1990, as amended October 12, 1990, June 1, 1991, September 30, 1993, December
22, 1993, May 31, 1996, July 15, 1996 and August 19, 1996 (herein called the
"Lease") with respect to the Administrative Office Area (as defined in the
Lease) located in Suite 1100 of the Building at 0000 Xxxxx Xxxxx Xxxxxxx,
Xxxxxxx, Xxxxxxx; and
WHEREAS, Lessee wishes to lease an administrative office area
("Administrative Office Area") located on the first (1st) floor - South of the
Building;
WHEREAS, Lessor and Lessee desire to modify and amend the Lease to
accommodate such need as herein provided.
NOW, THEREFORE, for and in consideration of the premises, the mutual
promises contained in this Amendment, and other good and valuable consideration,
the receipt, adequacy and sufficiency of which are hereby acknowledged by the
parties hereto, Lessor and Lessee do hereby agree as follows:
1. All terms and words of art used herein, as indicated by the initial
capitalization thereof, shall have the same respective meaning
designated for such terms and words of art in this Lease.
2. Certain Definitions, Pages 1 and 2 of the Lease, shall be modified as
-------------------
follows:
(k) Rental Commencement Date: a new subparagraph shall be added at
------------------------
the end thereof as follows:
"As to the Administrative Office Area (as hereinafter defined)
the Rental Commencement Date shall be December 1, 1996."
-1-
(i) Term: a new subparagraph shall be added at the end thereof as
----
follows, "As to the Administrative Office Area, the term shall be
60 months commencing December 1, 1996 and ending November 30,
2001."
(j) Base Rent Rate: shall be amended by adding the following new
--------------
subparagraph at the end thereof:
"As of the Rental Commencement Date of the Administrative Office
Area, the Full Service Base Rent Rate shall be as follows:
FULL SERVICE
PERIOD COVERED BASE RENT RATE MONTHLY PAYMENT
-------------- -------------- ---------------
12/1/96 - 11/30/97 $21.50 $2,787.83
12/1/97 - 11/30/98 $22.04 $2,857.85
12/1/98 - 11/30/99 $22.59 $2,929.17
12/1/99 - 11/30/00 $23.15 $3,001.78
12/1/00 - 11/30/01 $23.73 $3,076.99
The Administrative Office Area will not be subject to any
escalations except as set forth above in this subparagraph."
(l) Construction Allowance: a new subparagraph shall be added at the
----------------------
end thereof as follows:
"As to the Administrative Office Area, Lessor shall provide an
allowance of $7.50 per square foot of Rentable Floor Area of
Administrative Office Area ($11,670.00). Any costs in excess of
Lessor's allowance shall be at the sole cost and expense of
Lessee."
(r) A new subparagraph (r), Administrative Office Area, shall be
added as follows:
"(r) Administrative Office Area: The Administrative Office Area
--------------------------
shall be defined as the additional 1,556 Rentable Square Feet
being rented by Lessee on the 1st Floor - South of the Building,
as more fully set forth in red on Exhibit "B-6" attached hereto.
The Administrative Office Area shall not be included in the
definition of the Demised Premises for purposes of Additional
Renal calculations."
3. Lease of Premises, page 2 of the Lease. The following sentence shall
-----------------
be added at the end thereof:
"In addition to the Demised Premises, Lessee shall also lease from
Lessor the Administrative Office Area upon the terms and conditions
herein provided.
-2-
4. Exhibit "G", Special Stipulations. The following shall be added at
---------------------------------
the end thereof:
"As to the Administrative Office Area
(a) Lessor acknowledges that Lessee will use the Administrative
Office Area as a print shop and mail room.
(b) Lessee to lease the Administrative Office Area in its current "as
is" condition except that Lessor at its cost will relocate the
existing entry door to the common area corridor serving the
floor. The new door to be 8'10" x 3'0" wide. Lessee, at its
sole expense, will prepare the plans, which must be approved by
Lessor and Lessee (such approval not to be unreasonably withheld,
conditioned or delayed) prior to the commencement of any
alterations or improvements. Lessee shall pay Lessor's
designated agent a construction coordination fee of five percent
(5%) of the cost of improvements in the Administrative Office
Area. Such fee will be deducted from the allowance provided by
Lessor.
(c) Lessor to have the right to terminate this Lease Agreement at any
time during the Lease Term with ninety (90) days prior written
notice to Tenant. Notwithstanding the above, if Lessor elects to
terminate the Lease Agreement on the Administrative Office Area
during the first three (3) years of the Lease Term as measured
from the Administrative Office Area Rental Commencement Date,
Lessor will reimburse Lessee the unamortized leasehold
improvements incurred by Lessee. Lessee will provide Lessor
with the total cost incurred by Lessee within thirty (30) days of
the Administrative Office Area Rental Commencement Date. The
amortization period shall be sixty (60) months.
(d) Lessee agrees to have the Administrative Office Area engineered
so that there shall be no objectionable noise or odors emitted
therefrom.
(e) Lessee to have access to the Administrative Office Area for the
start of Lessee's renovation on October 1, 1996.
(f) Any of Lessee's printing equipment that requires electricity
above Lessor's Building Standard shall be separately metered and
paid for by Lessee.
Except as expressly modified herein, the Lease shall remain in full
force and effect and, as hereby modified, is expressly ratified and confirmed by
the parties hereto. This Amendment shall be binding upon and shall inure to the
benefit of Lessor and Lessee and their respective, permitted legal
representatives, successors and assigns.
-3-
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be
signed and their respective seals to be affixed as of the date and year first
above written.
"LESSOR"
WILDWOOD ASSOCIATES,
a Georgia general partnership
By: Cousins Properties Incorporated
Managing General Partner
By: /s/ Xxxx X. XxXxx
----------------------------
Its: Vice President
----------------------------
[CORPORATE SEAL]
"LESSEE"
FINANCIAL SERVICE CORPORATION
By: /s/ Xxxxx X. Xxxx
----------------------------
Its: Senior Vice President
----------------------------
[CORPORATE SEAL]
-4-
Exhibit B-6 (Attachment to the Eighth Amendment to the Lease Agreement
---------------------------------------------------------------------
Floor plan drawing for additional 1,556 Rentable Square Feet being rented by
Lessee on the 1st Floor-South of the Building (Administrative Office Area).
-5-
