Exhibit 10.20(b)
First Amendment to Lease
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This First Amendment to Lease is made and entered into as of the 30th day
of June, 1999, by and between TIAA Realty, Inc., a Delaware corporation,
successor-in-interest to Teachers Insurance and Annuity Association of America
("Landlord") and M&I Data Services, a Division of Xxxxxxxx & Xxxxxx Corporation
("Tenant").
W i t n e s s e t h:
Whereas, Teachers Insurance and Annuity Association of America ("Teachers")
and Tenant entered into a lease dated July 1, 1995 (the "Lease"), with respect
to certain space located in the building commonly known as Two Park Plaza (the
"Building") located at 00000 Xxxx Xxxx Xxxxx, Xxxxxxxxx, Xxxxxxxxx 00000; and
Whereas, Teachers assigned its interest in the Lease to TIAA Realty, Inc.;
and
Whereas, Landlord and Tenant want to amend the terms and conditions of the
Lease.
Now, Therefore, in consideration of the recitals, terms and conditions
herein set forth and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, Landlord and Tenant agree as
follows:
1. Definitions. Unless otherwise defined in this First Amendment,
capitalized terms used herein shall have the same meaning as provided in the
Lease.
2. Premises. That certain building space consisting of approximately
48,864 square feet on the Real Property located at 00000 Xxxx Xxxx Xxxxx,
Xxxxxxxxx, Xxxxxxxxx 00000, which space is more particularly described in the
Lease.
3. Term. The term of the Lease is hereby extended for four (4) years
("Extension Term"). The Extension Term shall commence upon expiration of the
existing term, March 1, 2000, ("First Amendment Commencement Date") and shall
terminate at 11:59 p.m. on February 29, 2004. The Extension Term shall be upon
the same terms, covenants and conditions contained in this Lease, as amended by
this First Amendment, except for the amount of Base Rent payable during the
Extension Term, and any reference in the Lease, as amended by this First
Amendment, to the "Term" or "term" of the Lease shall be deemed to include the
Extension Term and apply thereto, unless it is expressly provided otherwise.
Tenant shall have no extension option beyond the aforesaid four (4) year
extension. Any termination of this Lease, as amended by this First Amendment,
shall terminate all rights under this Paragraph 3.
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4. Base Rent. Beginning on the First Amendment Commencement Date, Tenant
agrees to pay Landlord as base rent for the Premises the following:
Rate Per Rentable
Square Foot
Term (48,864 sq. ft.) Annual Rent Monthly Rent
---- ---------------- ----------- ------------
Year 1 $12.30 $601,027.20 $50,085.60
Year 2 $12.55 $613,243.20 $51,103.60
Year 3 $12.80 $625,459.20 $52,121.60
Year 4 $13.06 $638,163.84 $53,180.32
5. Tenant Improvements. Landlord shall install eight (8) fire alarm
strobes, two (2) on each corner pillar of the interior office space on the
sixth, seventh and eighth floors, for a total of twenty-four (24) fire alarm
strobes. Landlord shall install one fire alarm control panel on the sixth floor
and shall install the wiring for the strobes to the fire alarm control panel on
the sixth floor, which work shall be completed on or before the First Amendment
Commencement Date.
6. Holdover. The first sentence of Section 12 of the Lease shall be
amended to state, "If Tenant retains possession of the Premises or any part
thereof after the termination of the Term or any extension thereof, by lapse of
time or otherwise, without Landlord's prior written consent, which shall not be
unreasonably withheld, Tenant shall become a tenant from month-to-month tenancy
only upon each and all of the terms herein provided as may be applicable to such
month-to-month tenancy and any such holdover shall not constitute an extension
of this Lease; provided, however, that during such holding over, Tenant shall
pay Base Rent, Operating Cost Share Rent, and Tax Share Rent at (a) one and one-
half times the rate payable for the fiscal year, or portion thereof, immediately
preceding said holding over, computed on a monthly basis for the time Tenant
thus remains in possession for the first two months that Tenant holds over and
(b) Tenant shall pay Base Rent, Operating Cost Share Rent and Tax Share Rent at
double the rate payable for the fiscal year, or portion thereof, immediately
preceding said holding over, computed on a monthly basis for the time Tenant
thus remains in possession thereafter, and, in addition, Tenant shall pay
Landlord all damages, consequential as well as direct, sustained by reason of
Tenant's holding over."
7. Other Terms. Except as otherwise specifically set forth in this First
Amendment, all other terms and conditions of the Lease shall remain in full
force and effect.
8. Conflict. In the event of a conflict between the terms and conditions
of this First Amendment and the terms and conditions of the Lease, the terms and
conditions of this
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First Amendment shall control.
In Witness Whereof, the parties have executed this First Amendment as of
the date and year first above written.
TIAA Realty, Inc., a Delaware corporation
By: Teachers Insurance and Annuity Association
of America, a New York corporation, its
authorized representative
By: Xxxxxx Xxxxxxx
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Print Name: Xxxxxx Xxxxxxx
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Title: Associate Director
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M&I Data Services, Division of Xxxxxxxx &
Ilsley Corporation
By: Xxxxx X. Xxxxxxx
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Print Name: Xxxxx X. Xxxxxxx
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Title: CEO
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By: Xxxxxx X. Xxxxx
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Print Name: Xxxxxx X. Xxxxx
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Title: Vice President
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