EXHIBIT 10.76
FOURTH AMENDMENT TO LEASE AGREEMENT
FOR THE METRIS MINNETONKA BUILDING
Xxxxxx and Xxxxxx
FOURTH AMENDMENT TO
MULTI-TENANT OFFICE LEASE AGREEMENT
BETWEEN OPUS NORTHWEST, L.L.C., AS LANDLORD,
AND METRIS DIRECT, INC., AS TENANT, DATED MARCH 29, 1999
AS AMENDED BY A FIRST AMENDMENT DATED AS OF
JULY 12, 1999, AS AMENDED BY A SECOND AMENDMENT
DATED DECEMBER 17, 1999, AS AMENDED BY A
THIRD AMENDMENT DATED AS OF APRIL 7, 2000
This Agreement dated as of June 21, 2000
WHEREAS, Opus Northwest, L.L.C., a Delaware limited liability company
("Landlord"), and Metris Direct, Inc., a Delaware corporation ("Tenant") are
parties to that certain lease for space in Crescent Ridge Corporate Center-Phase
II, dated March 29, 1999, which lease was amended by a First Amendment to Multi-
Tenant Office Lease Agreement dated as of July 12, 1999 ("First Amendment"), and
further amended by a Second Amendment to Multi-Tenant Office Lease Agreement
dated as of December 17, 1999 ("Second Amendment"), and further amended by a
Third Amendment to Multi-Tenant Office Lease Agreement dated as of April 7, 2000
("Third Amendment"), with the Lease, with the Lease, the First Amendment, Second
Amendment and Third Amendment (hereinafter referred to as "Lease");
WHEREAS, the terms used in this Agreement ("Fourth Amendment") shall have
the meanings as defined terms in the Lease unless stated herein to the contrary;
WHEREAS, Landlord and Tenant wish to amend the Lease to accomplish the
following:
(a) Change the length of the Initial Term;
(b) Change the per stall rate in the Parking Premises as of January 1,
2007;
(c) Change the annual fee per square foot in the storage space as of
January 1, 2007;
(d) Change certain provisions relating to the Renewal Term;
(e) Change the annual Basic Rent Schedule;
(f) Change the Allowances for Tenant Improvements;
(g) Eliminate the Additional Allowance; and
(h) Eliminate Sections 16.1.1, 16.1.2 and 16.1.3 (all as set forth in the
Third Amendment) from the Lease.
(i) Eliminate Section 17.5 from the Lease.
(j) Establish a ceiling on the amount of the Management Fee which is
included in the definition of "Operating Costs".
THE PARTIES AGREE AS FOLLOWS:
1. Section 2 of the Basic Terms is amended to read as follows:
2. Initial Term: 11 years, 4 months for a total of 136 months (See
Section 1.2);
Section 1.2.1(a) of the Lease is amended to state that the term for
the Initial Premises is 136 months; and
Section 1.2.1(b) of the Lease is amended to state that the Initial
Term which incorporates the 6th floor space is now also 136 months.
2. Section 2 of the Basic Terms has changed to indicate that the Renewal
Option is set forth at Section 1.2.5.
-
Section 1.2.5 Renewal Term is amended as follows:
(b) If Tenant desires to exercise its right to the Renewal Term
Tenant must notify Landlord no later than eighteen (18) months prior to the
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expiration of the initial term.
(c) Is amended by eliminating the last sentence of such subsection.
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3. Section 4 of the Basic Terms of the Lease is amended as follows:
ANNUAL BASIC RENT FOR INITIAL TERM
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Rate per Rentable Square Foot in the Premises
(300,633 Rentable Square Feet)
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Initial Premises 6th Floor Additional Space
Month (138,264 RSF) (34,654 RSF) (127,715 RSF) Annually Monthly
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1-4 $ 0.00 $ 0.00 $16.50 $2,107,297.50 $175,608.13
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5-12 $16.50 $ 0.00 $16.50 $4,388,653.50 $365,721.13
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13-76 $16.50 $16.50 $16.50 $4,960,444.50 $413,370.38
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77-112 $18.55 $18.55 $18.55 $5,576,742.15 $464,728.51
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113-124 $20.55 $20.55 $20.55 $6,178,008.15 $514,834.01
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125-136 $21.55 $21.55 $21.55 $6,478,641.15 $539,886.76
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4. Section 15 of the Basic Terms is amended by adding the following
sentence:
Effective as of January 1, 2007 the annual fee per square foot of
storage space shall be $13.50.
5. Section 16 of the Basic Terms of the Lease is amended by adding the
following sentence:
Effective as of January 1, 2007, the Parking Rent is $135.00 per month
per stall in the Parking Premises during the Initial Term.
Section 2.1.2 of the Lease is amended by adding to the second sentence the
following:
; provided, however, effective as of January 1, 2007 Parking Rent
attributable to the Parking Premises shall be equal to $135.00 per month
for each of the 56 stalls that constitute the "Parking Premises".
6. Section 17 of the Basic Terms of the Lease is amended to delete the
Additional Allowance as described at Section 17.1.23 of the Lease and Section
17.1.23 of the Lease relating to the Additional Allowance is deleted and Tenant
will have no further right to such Additional Allowance.
7. The Lease is amended by changing Section 17.1.2.d.(ii) Special
Construction Provisions of the Lease as now set forth in the Third Amendment:
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as follows:
Base Improvement Allowance for the Initial Premises as per
Section 17.1.3 is changed to $28.75 per Rentable Square Feet
of the Initial Premises multiplied by 138,264 Rentable
Square feet in the Initial Premises which now equals
$3,975,090.00 plus the Lighting Allowance of $174,000.00
equals: $4,149,790.00
Cash improvement allowance remains unchanged and it equals: $ 414,792.00
Sixth Floor Base Improvements Allowance - as set forth in
Section 17.1.3 - is changed to $28.75 multiplied by 34,654
Rentable Square Feet on the Sixth Floor equals: $ 996,302.50
Expansion Allowance for the Additional Space as set forth in
Section 5(d) of the Second Amendment - is changed to $29.89
per Rentable Square Feet in the Additional Space multiplied
by 127,715 Rentable Square Feet equals: $3,817,401.35
Revised Total Allowances $9,378,285.85
8. The Lease is amended by eliminating Sections 16.1.1, 16.1.2 and 16.1.3
(all as set forth in the Third Amendment) from the Lease and Tenant will not
have the restoration obligations as set forth in such subsections. Section
16.1.4 (as set forth in the Third Amendment) remains in full force and effect.
9. The Lease is amended by eliminating in its entirety Section 17.5 of
the Lease relating to an Option for Additional Space. Tenant shall have no
further rights under this Lease to add Additional Space as to either the Phase I
Building or the Phase II Building.
10. The Lease is amended to change the definition of "Operating Expenses"
in Exhibit A of the Lease by inserting after the words "reasonable management
fees and other costs (including rental) of maintaining a building management
office in the Building" the following:
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(which amount shall not exceed, on an annual basis, 1.75% of the
annual total Rent from the Phase II Building, that Landlord has right
to receive under all leases, storage license agreements, parking
license agreement or similar occupancy agreement relating to the Phase
II Building, including the Lease)
11. Unless specifically amended by the terms hereof, all of the terms and
conditions of the Lease remain in full force and effect.
DATED: 7-7-00 OPUS NORTHWEST, L.L.C.
By /s/ Xxxx [ILLEGIBLE]
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Its President
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DATED: June 21, 2000 METRIS DIRECT, INC.
By /s/ Xxxxxx Xxxxxx
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Its President & CEO
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