Exhibit 10.19(b)
FIRST AMENDMENT TO LEASE
------------------------
THIS FIRST AMENDMENT TO LEASE is made and entered into as of the 14/th/ day
of June, 2000, by and between TIAA REALTY, INC., a Delaware corporation
("Landlord") and M&I DATA SERVICES, a division of Xxxxxxxx & Xxxxxx Corporation,
a Wisconsin corporation ("Tenant").
W I T N E S S E T H:
WHEREAS, Teachers Insurance and Annunity Association of America
("Teachers") and Tenant entered into a lease (the "Original Lease")
dated February 15, 1999, under the terms of which Tenant leased 60,186 square
feet of space (the "Original Space") located in Building Xx. 0, xx 0000 Xxxx
Xxxxx Xxxx Xxxx located in the Xxxxx Deer Business Park, Xxxxx Deer, Wisconsin
(the "Building"); and
WHEREAS, Landlord is successor to the interest of Teachers; and
WHEREAS, Tenant and Landlord desire to amend the Lease;
NOW, THEREFORE, in consideration of the terms, covenants and conditions
contained herein and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, Landlord and Tenant hereby agree
to amend the Lease as follows:
1. Definitions. Terms used herein and not otherwise defined herein shall
-----------
have the same meaning as provided in the Lease. The Original Lease, as amended
by this First Amendment to Lease, shall herein be collectively referred to as
the "Lease."
2. Expansion Space. Commencing on the later of July 1, 2000 or
---------------
Substantial Completion of the space (the "Expansion Commencement Date"), Tenant
hereby leases from Landlord and Landlord hereby leases to Tenant an additional
approximately 1,879 rentable square feet of space located in the Building (the
"Expansion Space"), as shown on Exhibit A. Commencing on the Expansion
---------
Commencement Date, the Expansion Space shall be added to the Premises and shall
become a part of the Premises for all purposes of the Lease, and any reference
in the Lease to the term "Premises", shall be deemed to refer to and include the
Expansion Space. Notwithstanding the foregoing, Tenant shall not be entitled to
possession of the Expansion Space until Substantial Completion of the Tenant
Improvements as that term is defined in Exhibit B of this Amendment.
---------
3. Term. The term for the Expansion Space shall commence on the Expansion
----
Commencement Date and shall expire at 11:59 p.m. on April 30, 2006.
4. Base Rent. Commencing on the Expansion Commencement Date, Base Rent due
---------
and payable under the Lease for the Expansion Space shall be in the amounts set
forth on Exhibit C attached hereto and incorporated herein by reference.
---------
5. Termination Fee. The Termination Fee in Paragraph 30 of the Original
---------------
Lease is hereby changed from Two Million One Hundred Thirty-Eight Thousand Four
Hundred Fifty-Six and 57/100 Dollars ($2,138,456.57) to Two Million One Hundred
Ninety-One Thousand Six Hundred Fifty-Seven and 51/100 Dollars ($2,191,657.51).
6. Tenant's Proportionate Share. Commencing on the Expansion Commencement
----------------------------
Date, the term "Tenant's Proportionate Share" shall be changed from 96.97% to
100%. Commencing on the Expansion Commencement Date for all purposes under the
Lease, the Rentable Area of the Premises shall be changed from approximately
60,186 square feet to approximately 62,065 square feet.
7. Tenant Improvements. Landlord agrees to make tenant improvements to the
-------------------
Premises in accordance with the terms and conditions of the Tenant Improvement
Work Agreement attached as Exhibit B.
---------
8. Broker. Tenant represents and warrants to Landlord that it has not
------
engaged any broker, finder or other person entitled to any commission or fee in
respect to the negotiation, execution or delivery of this Amendment and the only
broker with which Tenant has dealt is Landlord's broker, Xxxxxxx Xxxxxxx-Xxxxxxx
Management Corporation of Wisconsin or its agents. Tenant hereby agrees to
indemnify and hold harmless Landlord against any loss, cost, liability or
expense incurred by Landlord as a result of any claim asserted by any such
broker, finder or other person on the basis of any arrangements or agreements
made or alleged to have been made by or on behalf of Tenant.
9. Other Terms and Conditions. Except as specifically modified or
--------------------------
amended herein, all other terms and conditions of the Original Lease shall
remain in full force and effect.
10. Conflict. In the event of a conflict between the terms and conditions
--------
of the Original Lease and the terms and conditions of this Amendment, the terms
and conditions of this Amendment shall control.
11. Binding Effect. This Amendment shall bind the parties hereto and their
--------------
respective successors and assigns.
IN WITNESS WHEREOF, the parties have executed this Amendment as of the date
and year first above written.
LANDLORD:
TIAA REALTY, INC., a Delaware corporation
By: Teachers Insurance and Annuity
Association of America, a New York
corporation, its authorized representative
/s/ Xxxxxx Xxxxxxx
By: --------------------------------------
XXXXXX XXXXXXX
Print Name: ------------------------------
ASSOCIATE DIRECTOR
Title: -----------------------------------
TENANT:
M&I DATA SERVICES, a division of Xxxxxxxx
& Ilsley Corporation, a Wisconsin Corporation
/s/ Xxxxx X. Xxxxxxx
By: --------------------------------------
Xxxxx X. Xxxxxxx
Executive Vice President and
Chief Financial Officer
Exhibit 10.19(b)
EXHIBITS
Exhibit A Expansion Space
Exhibit B Tenant Improvements
Exhibit C Rental Rates
The above exhibits to this document have been omitted. The exhibits will be
furnished supplementally to the Securities and Exchange Commission upon request.
