EXHIBIT 10(kk)
AMENDMENT OF LEASE
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THIS AMENDMENT OF LEASE made as of October 1, 1996 between EQUITABLE
FEDERAL STREET REALTY COMPANY LIMITED PARTNERSHIP, a Massachusetts limited
partnership, having an address at Xxx Xxxxxx Xxxxx, Xxxxx 0000, Xxxxxx,
Xxxxxxxxxxxxx 00000 ("Landlord"), and THE FIRST NATIONAL BANK OF BOSTON, a
national banking association duly organized and existing under the laws of the
United States of America, having its principal place of business at 000 Xxxxxxx
Xxxxxx, Xxxxxx, Xxxxxxxxxxxxx 00000 ("Tenant").
BACKGROUND
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Landlord and Tenant are Landlord and Tenant, respectively, under an
Indenture of Lease having an effective date as of September 1, 1991, as amended
(the "Lease"), covering certain premises at 000 Xxxxxxx Xxxxxx, Xxxxxx,
Xxxxxxxxxxxxx. The parties desire to amend the Lease in certain respects as
hereinafter set forth. Capitalized terms not defined herein shall have the
meaning ascribed to them in the Lease.
WITNESSETH:
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NOW, THEREFORE, Landlord and Tenant hereby amend the Lease as follows:
1. Effective as of October 1, 1996 or such later date as the current
occupant shall vacate such space (the "Commencement Date for the 850 SF 5M
Premises"), there shall be added to the Premises under the Lease the space
located on Floor 5M of the Building shown as the "850 SF 5M Premises" on the
plan attached hereto as Exhibit A (the "850 SF 5M Premises"). The 850 SF 5M
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Premises consists of approximately 850 rentable square feet.
2. Except as expressly provided herein, all terms and provisions of
the Lease that are applicable to the existing space located on Floor 5M of the
Building leased by Tenant under the Lease (the "Existing 5M Premises") shall be
applicable to the 850 SF 5M Premises, except that the 850 SF 5M Premises shall
be leased to Tenant "as is", it being understood that Landlord shall have no
obligation to bring the 850 SF 5M Premises into the condition required by
Schedule COND or into compliance with the Americans With Disabilities Act or to
provide any allowance for the 850 SF 5M Premises.
3. Without limiting the generality of Section 2 of this Amendment of
Lease, commencing on the Commencement Date for the 850 SF 5M Premises: (a) the
850 SF 5M Premises shall be part of Space B under the Lease; (b) Tenant shall
pay Base Rent for the 850 SF 5M Premises at the rates set forth in Section 4
hereof; and (c) Tenant shall make payments on account of Impositions and
Operating Expenses escalations for the 850 SF 5M Premises at the same times that
such payments are due, and in the same manner that such payments are calculated,
for the Existing 5M Premises.
4. The annual Base Rent for the 850 SF 5M Premises shall be as
follows:
Commencement Date for the
850 SF 5M Premises to
August 31, 1998: $10.00 per rentable square foot
September 1, 1998 to
August 31, 2001: $12.00 per rentable square foot
September 1, 2001 to
August 31, 2006: $16.00 per rentable square foot
September 1, 2006 to
August 31, 2009: $18.00 per rentable square foot
If Tenant shall exercise any option to extend the term of the 850 SF
5M Premises, the Base Rent therefor shall be the same per square foot
annual rate as shall be applicable to the existing 5M Premises from
time to time.
5. Except as only expressly amended hereby, the Lease shall continue
in full force and effect as heretofore.
WITNESS the execution hereof as an instrument under seal as of the
date first above written.
LANDLORD:
EQUITABLE FEDERAL STREET REALTY
COMPANY LIMITED PARTNERSHIP, a
Massachusetts limited partnership
By: 000 Xxxxxxx Xxxxxx Realty
Corporation, its general partner
By: /s/ XXXX X. XXXXXXX
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Its: Investment Officer
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TENANT:
THE FIRST NATIONAL BANK OF BOSTON
By: /s/ XXXXXXXX X. XXXXX
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Its: Director, Facilities
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Exhibit A
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[Lease plan showing 850 square feet of space on Floor 5M at 000 Xxxxxxx Xxxxxx]
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