Exhibit 10.10
FIRST AMENDMENT TO LEASE AGREEMENT
THIS FIRST AMENDMENT TO LEASE AGREEMENT ("Amendment") is made as of
this 15th day of February, 2000, by and between XxXxxxx-Xxxxx, L.L.C., a
Delaware limited liability company ("Landlord") as successor in interest to 000
Xxxxx XxXxxxx Associates, L.P. and Lodestar Financial Services, Inc., an
Illinois corporation ("Tenant").
W I T N E S S E T H:
A. WHEREAS, Landlord's predecessor in interest and Tenant entered into
a lease agreement (the "Lease") dated August 31, 1995 for rental of certain
office space commonly known as Suite 1710 (the "Premises") consisting of
approximately 3,319 square feet of space, in the building (the "Building") which
is located at 000 Xxxxx XxXxxxx Xxxxxx in Chicago, Illinois;
B. Landlord and Tenant desire to amend the Lease to, among other
things, extend the Expiration Date of the Lease Term, upon the terms and
conditions hereinafter set forth.
NOW, THEREFORE, in consideration of the mutual covenants and agreements
herein and in the Lease contained, it is hereby agreed as follows:
1. Defined Terms. Each initially capitalized word or term used as a
defined term in this Amendment but not otherwise defined herein which is defined
in the Lease shall have the same meaning as is ascribed to such initially
capitalized word or term in the Lease.
2. Extension of Term. The Term of the Lease is hereby extended
commencing on February 1, 2000 and continuing through and including December 31,
2003 (the "Extended Term"). All of the terms and provisions of the Lease shall
continue to be applicable during the Extended Term, except as is otherwise
specifically provided in this Amendment.
3. Expansion Space.
(a) Effective as of February 15, 2000 (the "Expansion Space
Commencement Date") the Premises will be expanded to include Suite 1709 at the
Building, consisting of approximately
157 rentable square feet (the "Expansion Space"). As of the Expansion Space
Commencement Date, all references in the Lease to the "Premises" shall be deemed
to include the Expansion Space, and the Premises shall be deemed to consist of a
total of approximately 3,476 rentable square feet. The Expansion Space is shown
on Exhibit A attached hereto and made a part hereof.
(b) Tenant acknowledges that it is accepting the Expansion Space "as
is" without any representations from Landlord as to the repair or the condition
of the Expansion Space or with respect to the suitability or fitness of the
Expansion Space for Tenant's use. Tenant's taking possession of the Expansion
Space shall be conclusive evidence that the Expansion Space was in good order
and satisfactory condition as of the date Tenant took possession thereof. No
agreement of Landlord to alter, remodel, decorate, clean or improve the
Expansion Space or the Premises (or to provide Tenant with any credit or
allowance for same), and no representation regarding the condition of the
Expansion Space, the Premises or the Building have been made by or on behalf of
Landlord or relied upon by Tenant, except as expressly stated in this Amendment.
Notwithstanding the foregoing to the contrary, Landlord shall, at its expense,
on or prior to February 1, 2000, patch and paint the walls of the Expansion
Space (using Building standard materials); install one (1) surface-mounted
fluorescent light fixture; meter the Expansion Space to connect same to the
Premises; furnish and install one (1) countertop (using Building standard
stock); patch ceiling tiles; and install new Building standard carpeting.
4. Rent.
A. Base Rent. Tenant shall pay Base Rent for the Expansion Space during
the Extended Term as follows:
Annual Rate
-----------
of Base Rent Annual Monthly
------------ ------ -------
Period Per RSF Base Rent Base Rent
------ ------- --------- ---------
February 15, 2000 $ 9.75 $ 1,530.75 $ 127.56
- January 31, 2001
February 1, 2001 - $ 10.25 $ 1,609.25 $ 134.10
January 31, 2002
February 1, 2002 - $ 10.75 $ 1,687.75 $ 140.65
December 31, 2002
2
B. Additional Rent. Tenant's obligation to pay Expenses and Taxes for the
Expansion Space (which obligation shall commence on the Expansion Space
Commencement Date) shall be as set forth in the Lease, with the exception of the
following modifications (with respect to the Expansion Space only):
(i) The reference to "1995" in Sections 1.6 and 1.7 of the Lease shall
be deleted, and "None" shall be inserted in lieu thereof in each instance;
(ii) Section 3.2.2 of the Lease shall be modified by deleting the first
sentence thereof in its entirety, and inserting in its place "Tax
Escalation and Expense Escalation ("Tax Escalation and Expense Escalation")
in an amount equal to Tenant's Proportionate Share of (a) Expenses in any
calendar year and (b) Taxes for any calendar year."
5. Broker. Tenant represents and warrants to Landlord that except for Prime
Group Realty Services, Inc. ("Broker") Tenant has not dealt with any real estate
broker, salesperson or finder in connection with this Amendment, and no such
person initiated or participated in the negotiation of this Amendment. Tenant
hereby agrees to indemnify and hold Landlord harmless from and against any and
all liabilities and claims for commissions and fees arising out of a breach of
the foregoing representation. Landlord shall be responsible for the payment of
any commissions or fees due to Broker based upon a separate agreement(s) between
Landlord and Broker.
6. Notices. Effective as of the date of this Amendment, the address for
notices to Landlord, as set forth in Section 1.12 of the Lease, shall be
modified to insert the following as Landlord's address for notices:
To Landlord: XxXxxxx-Xxxxx, L.L.C.
c/o Prime Group Realty Trust
00 Xxxx Xxxxxx Xxxxx, Xxxxx 0000
Xxxxxxx, Xxxxxxxx 00000
Attention: Xxxxx X. Xxxxxxx
with copy to: Prime Group Realty Trust
00 Xxxx Xxxxxx Xxxxx, Xxxxx 0000
Xxxxxxx, Xxxxxxxx 00000
Attention: Xxxxxx X. Xxxxxx
3
7. Effect of Amendment. The Lease, as hereby amended, shall remain in full
force and effect, subject to the terms and provisions thereof and hereof.
8. Submission. Submission of this Amendment by Landlord or Landlord's
agent to Tenant or its agent or representative, for examination and/or execution
shall not in any manner bind Landlord and no obligation on Landlord shall arise
under this Amendment unless and until this Amendment is fully signed and
delivered by both Landlord and Tenant; provided, however, the execution and
delivery by Tenant of this Amendment to Landlord or Landlord's agent shall
constitute an irrevocable offer by Tenant on the terms and conditions herein
contained, which offer may not be revoked by Tenant for thirty (30) days after
such delivery.
9. No Default. Tenant represents, warrants and covenants that to the best
of Tenant's knowledge, Landlord and Tenant are not in default of any of their
respective obligations under the Lease and no event has occurred which, with the
passage of time or the giving of notice, or both, would constitute a default by
either Landlord or Tenant thereunder.
10. Counterparts. This Amendment may be executed in two or more
counterparts, each of which shall be deemed an original, but all of which
together shall constitute one and the same instrument.
[Signatures on Following Page]
4
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be
duly executed and delivered as of the day and year first written above.
TENANT: LANDLORD:
LODESTAR FINANCIAL SERVICES, XXXXXXX-XXXXX, L.L.C., a Delaware
INC., an Illinois corporation limited liability company
By: Prime Group Realty, L.P.,
By: /s/ Xxxxxxx X. Xxxxxxxxx a Delaware limited
------------------------ partnership, its
Its: President Administrative Member
-----------------------
By: Prime Group Realty Trust,
a Maryland real estate
investment trust, its
Managing General Partner
By: /s/ Xxxxxx X.
Its: V.P
By: /s/ P.A. Xxxxxx
Its: EVP
-----------------------
5
