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SECOND AMENDMENT TO LEASE
THIS SECOND AMENDMENT made this 29th day of August, 1995, is by and
between XXXXXXX X. XXXXXXXXX of Xxxxxx, Massachusetts ("Landlord") and BSCC,
CORP., a Massachusetts corporation with a place of business at 000 Xxxxxxxx
Xxxxxx, Xxxxxxxxxx, Xxxxxxxxxxxxx 00000 ("Tenant").
RECITALS
Landlord and Tenant entered into a Net Lease dated June 5, 1995 (the
"Lease") for a portion of the building located at 000 Xxxxxx Xxxxxx, Xxxxxxxxxx,
Xxxxxxxxxxxxx shown as Units 2, 4 and 8 on the plan attached to the Net Lease as
Exhibit B (the "Plan") for Year 1 of the Lease and Xxxxx 0, 0, 0, 0 and 8, as
shown on the Plan for Years 2, 3, 4 and 5 of the Lease; and
Tenant desires to also lease from Landlord Units 3 and 5 for Year 1 of the
Lease; and
Tenant desires to also lease from Landlord Units 1, 6 and 7 for the term
of the Lease; and
Landlord and Tenant previously entered into a First Amendment to Lease;
and
Landlord and Tenant desire to delete the First Amendment to Lease in its
entirety; and
Landlord and Tenant desire to amend the Lease.
TERMS OF AGREEMENT
THEREFORE, in consideration of One Dollar and other good and valuable
consideration, the receipt of which is hereby acknowledged, Landlord and Tenant
agree as follows:
1. Section 1.2 of the Lease is amended as follows:
a. By deleting the definition of Premises and inserting the following:
A portion of the building comprising of Units 1, 2, 4, and 8 as
shown on the plan attached hereto beginning July 1, 1995 of Year 1
of the Lease and Xxxxx 0, 0, 0, 0, 0, 0, 0 and 8 as shown on the
plan attached hereto beginning August 1, 1995 of Year 1 and for
Years 2, 3, 4 and 5 Lease.
b. By deleting the definition of Fixed Rent and inserting the
following:
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The Fixed Rent is as follows:
Monthly Annual
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Year 1 $216,725.00
June, 1995 $ 5,309.79
July, 1995 $ 7,309.79
August, 1995 - May, 1996 $20,410.54
Year 2 $20,771.60 $249,259.20
Year 3 $22,152.64 $265,831.66
Year 4 $23,539.58 $282,475.01
Year 5 $24,458.93 $293,507.16
c. By deleting the definition of Tenant's Proportionate Share and
inserting the following:
Tenant's Proportionate Share: 100% for Years 1 through 5
2. Section 4.1.2 of the Lease is amended by deleting it in its entirety
and inserting the following:
4.1.2 Additional Rent. Tenant shall pay to Landlord, as Additional Rent,
the following (collectively, "Operating Expenses"):
(a) Tenant's Proportionate Share of all real estate taxes and assessments
payable with respect to the Land and Building (estimated at $0.29 per
square foot annually);
(b) Tenant's Proportionate Share of all insurance carried by Landlord on
the Building (estimated at $0.10 per square foot annually); and
(c) Tenant's Proportionate Share of common area maintenance charges
(estimated to be $0.00 per square foot annually).
Tenant shall pay the aforesaid Additional Rent in monthly
installments, based on Landlord's reasonable estimate of such
amounts for the current calendar year. Not later than 30 days after
the end of the calendar year. Landlord shall deliver to Tenant a
statement detailing the actual Operating Expenses for the preceding
calendar year together with copies of actual
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invoices and bills respecting said Operating Expenses exceeds the
actual Operating Expenses for the preceding year, Tenant shall
receive a credit against Additional Rent next due; in the event the
actual Operating Expenses exceed Landlord estimate, Tenant shall pay
the difference to Landlord together with the next monthly
installment of Annual Fixed Rent.
3. Capitalized terms not defined herein shall have the meaning set forth
in the Lease.
4. This Second Amendment supercedes and replaces the First Amendment to
Lease.
5. Except as amended by this Second Amendment, the Lease remains in
effect.
EXECUTED as a sealed instrument as of the date first written above.
LANDLORD:
/s/ Xxxxxxx X. Xxxxxxxxx
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Xxxxxxx X. Xxxxxxxxx
TENANT:
BSCC, Corp.
By: /s/ Xxxxx Xxxxxxxxxx
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Xxxxx Xxxxxxxxxx, President
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Exhibit A
Diagram of Xxxxxxxx Building on Nashua Street
