Exhibit 10.1
SECOND AMENDMENT TO LEASE
This is a Second Amendment to Lease, dated the 31st day of August,
1998, to that certain Lease Agreement, ("Lease") executed the 11th day of
November, 1996, by and between X. XXXXX ALU AND XXXXXXX XXXXX, XX., hereinafter
called "Landlord" and TENERA, INC., hereinafter called "Tenant".
NOW, THEREFORE, for and in consideration of the premises and the mutual
covenants and agreements contained herein, the receipt and sufficiency of which
are hereby acknowledged, Landlord and Tenant agree as follows:
AMENDMENT ITEM NO 1: EXTENSION OF LEASED PREMISES
The term of the lease shall be extended for an additional period of
approximately two (2) years and one (1) month at the base rate of $8.75 per
square foot per year for the leased premises and the expansion space herein
noted and shall commence following the current tenant's vacation of the premises
and Landlord's completion of its finished obligation pursuant to Item No. 5
herein, expected to be October 15, 1998 (Commencement Date) and will expire at
11:59 on October 31, 2000, pursuant to Section 1.4 of the Lease.
AMENDMENT ITEM NO. 2: EXPANSION OF LEASED PREMISES
The original Leased Premises is modified to be 4,171 square feet, as
shown on the attached floor plan (Exhibit A). Additionally, landlord hereby
leases to Tenant, and Tenant hereby leases from Landlord, 2,382 additional
square feet (the "Expanded Premises") as shown on Exhibit A and after the
Commencement Date, as defined herein, the term "Leased Premises" as defined and
used in the Lease shall be deemed to mean and include the original Leased
Premises covered by the aforementioned Lease, plus the Expanded Premises.
AMENDMENT ITEM NO. 3: BASE RENT
Base Rent due on the Leased Premises shall be an amount equal to $4,778.23 per
month, based on the rental rate of $8.75 per square foot per annum on 6,553
square feet. This rate shall escalate annually by four percent (4%) on the
anniversary dates of the lease and throughout any option periods.
AMENDMENT ITEM NO. 4: BUILDING MAINTENANCE
Pursuant to Article 11 of the Lease and as amended herein, Landlord
shall maintain both interior and exterior of the building including, but not
limited to, window cleaning, pest control, landscaping grounds and snow removal
from parking areas and sidewalks. The costs for these items will be passed
through to Tenant as an operating expense pursuant to Article 6.2 of the Lease
(Landlord will reconcile all costs annually and provide Tenant with a full
accounting of all costs) and as amended herein, along with a mutually agreed
management fee of $.25 per square foot per year. Effective on the Commencement
Date, the Tenant's pro-rata share of operating costs as defined in Section 1.2
of the Lease will be amended to equal 27.3%.
For reasons of clarity, it is hereby noted that the Tenant is
responsible for the following items including, but not limited to signage, trash
removal, janitorial, security agreements, and insurance pursuant to Section 9 of
the Lease. Tenant shall also have the carpet within the Leased Premises
professionally cleaned upon the termination of the Lease.
AMENDMENT ITEM NO. 5: TENANT IMPROVEMENTS
Prior to the commencement date hereof, Landlord shall re-carpet the
expanded portion of the premises with a carpet of similar quality to that in the
original space, as shown on the attached Exhibit A, and repaint where necessary.
Additionally, Landlord shall replace the stained vertical blinds in the entire
leased premises and shall replace any stained or missing ceiling tiles.
AMENDMENT ITEM NO. 6: OPTION TO RENEW
So long as Tenant is not in default of this lease, Tenant shall have
the option to extend this lease for two (2) terms of one (1) year each. The
lease rate shall escalate by four percent (4%) for each of these option periods.
Tenant shall provide Landlord one hundred twenty (120) days written notice of
its intent to so renew.
AMENDMENT ITEM NO. 7: ALL OTHER TERMS AND CONDITIONS
Except as set forth herein, all of the terms and provisions of the Lease, from
and after the Commencement Date, shall be applicable to the Expanded Premises,
as well as the original Leased Premises. Except as modified hereby, the terms
and provisions of the Lease are hereby ratified and agreed to be in full force
and effect. In the event of a conflict between the Second Amendment to the Lease
and the Lease, the Second Amendment to Lease shall control.
IN WITNESS WHEREOF, Landlord and Tenant have executed this Second Amendment as
of the day and year first above written.
LANDLORD: TENANT:
TENERA, INC.
/s/ X. Xxxxx Alu /s/ Xxxxxxx X. Xxxxxx
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Its President of TENERA Rocky Flats, LLC
/s/ Xxxxxxx X. Xxxxxxxx
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Executive Vice President and Chief
Financial Officer
