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Home My WebLink AboutMAU AMENDMENT 2 ~ AMENDMENT NO.2 TO OFFICE LEASE AGREEMENT BETWEEN MANAGEMENT ANALYSIS AND UTILIZATION, INC. ("LANDLORD") AND AUGUSTA, GEORGIA ("TENANT") By agreement of the parties the following amendment is made to the original Office Lease Agreement by and between MAD, Inc. and Augusta, Georgia dated October 1,2005 and Amendment I dated December 15,2005. Paragraph I.C, D, E, F & G are amended and replaced with the following: I. C. "Premises" shall mean the area shown on amended Exhibit A to this Lease. The Premises are located on the 3rd and 4th floors. The "Rentable Square Footage of the Premises" is deemed to be 16,183 square feet. If the Premises include one or more floors in their entirety, all corridors and restroom facilities located on such full floor(s) shall be considered part of the Premises. Landlord and Tenant stipulate and agree that the Rentable Square Footage oftheBuilding and the Rentable Square Footage of the Premises are correct and shall not be remeasured. D. "Base Rent": Months of Term 1 - 36 Annual Rate Per Square Foot $12.50 Annual Base Rent $202,287.5 0 Monthlv Base Rent $16,857.29 E. "Tenant's Pro Rata Share": 32.37% F. "Base Year": 2005. G. "Tenn": A period of32 1/2 months. The Term shall commence on January 15, 2006 (the "Commencement Date") and, unless terminated early in accordance with this Lease or unless extended by Tenant, end on September 30, 2008 (the "Termination Date"). However, if Landlord is required to Substantially Complete (defined in Section IlIA) any Landlord Work (defined in Section La.) prior to the Commencement Date under the terms ofa Work Letter (defined in Section 1.0): (1) the date set forth in the prior sentence as the "Commencement Date" shall instead be defined as the "Target Commencement Date" by which date Landlord will use reasonable efforts to Substantially Complete the Landlord Work; and (2) the actual "Commencement Date" shall be the date on which the Landlord Work is Substantially Complete, as determined ~ Slk- a by Section IlI.A. In such circumstances, the Tennination Date will instead be the last day of the Term as determined based upon the actual Commencement Date. Landlord's failure to Substantially Complete the Landlord Work by the Target Commencement Date shall not be a default by Landlord or otherwise render Landlord liable for damages. Promptly after the determination of the Commencement Date, Landlord and Tenant shall enter into a commencement letter agreement in the form attached as Exhibit C. Tenant shall, at no monthly expense, be permitted access to the Leased Premises prior to occupancy for the purpose of installing phone and computer lines, moving furniture and making other necessary preparations for occupancy during the month preceding the commencement date of this Lease. This Amendment and the following amended Exhibits C constitute the entire Amendment 2 to the original lease by and between MAU, Inc. and Augusta, Georgia dated October 1, 2005 and Amendment 1 dated December 15,2005. In the event that a conflict in terms exists between this Amendment and either the Original Agreement dated October 1,2005, or Amendment 1 dated December 15,2005, the tenus ofthis amendment shall take precedence. IN WITNESS WHEREOF said Landlord and Tenant have hereunto set their hands in duplicate, the day and year first above written. L{J ~d ~ Date: ~ (S-fOfO ~ --~O)4'/ William E. O'Neal Management Analysis and Utilization, Inc. Date: Gt:../ot, .. I . . ! ;~' . EXHIBIT C COMMENCEMENT LETTER This Lease Commencement Letter (hereinafter referred to as this "Agreement") is made this 15th day of January, 2006, between MAU, Inc., (hereinafter referred to as "Landlord"), and Augusta, Georgia (hereinafter referred to as "Tenant"). WIT N E SSE T H T HAT: WHEREAS, the Lease provides for the leasing of 16,183 square feet located on the 3rd and 4th floor of (the "Premises") within the building known as 500 Building located at 501 Greene St., Augusta, Georgia (hereinafter referred to as the "Building"); and WHEREAS, Landlord and Tenant agreed to execute this Agreement to confirm the actual Commencement and Expiration dates of the Lease Term, and for other purposes; NOW, THEREFORE, pursuant to the provisions of the Lease, Landlord and Tenant mutually agree as follows: 1. The Commencement Date of the Lease Term is January 15, 2006. The Expiration Date of the Lease Term is September 30, 2008. 2. Amendment number 2 provides for an increase of 417 square feet located on the third floor of the Premises to be leased. 3. Tenant is in possession of, and has accepted, the Premises demised by the Lease, and acknowledges that all the work to be performed by Landlord in the Premises as required by the terms of the Lease except as set forth in Paragraph 3 below, if any, has been satisfactorily completed. Tenant further certifies that all conditions of the Lease required of Landlord as of this date have been fulfilled and there are no defenses or setoffs against the enforcement of the Lease by Landlord. 4. Landlord and Tenant acknowledge pursuant to Section III of the Lease that the following items remain to be completed or corrected, which items Landlord agrees to accomplish within a reasonable time subsequent to the Commencement Date (if none, so state): ~, t -'. ., ." IN WITNESS WHEREOF, the parties hereto have duly executed and sealed this Agreement as of the date and year first above stated. LANDLORD: Management Analysis and Utilization, Inc. By: ":?~~~ :;-: O")--V/ Title: P1"~.fa-e ()"J /S':--.c-..... Attest: Notary Public, Richmo~d County, G~AL] My Commission EXplf8S May 15, 2G'ltt" TENANT: Augusta-Richmond County Augusta, Georgia 2~y: LQ :14. ~ Attest: [SEAL]