Exhibit 10.4
AMENDMENT TO OFFICE BUILDING LEASE
THIS AMENDMENT TO OFFICE BUILDING LEASE (the "Amendment") dated as of
the 11th day of June, 1997, is entered into by and between Miller & Paine, a
Nebraska corporation ("Landlord"), and Union Bank and Trust Company, a Nebraska
state banking corporation, ('Tenant").
WHEREAS the parties hereto entered into that certain Office Building
Lease (the "Lease") dated as of June 21, 1996, in which Landlord leased to
Tenant a portion of the first floor of the "Building" (as defined in the Lease);
WHEREAS the parties hereto wish to amend the Lease under the terms set
forth below.
NOW, THEREFORE, in consideration of the foregoing and the mutual
promises and covenants contained herein, the parties hereto agree as follows:
1. AMENDMENT OF LEASE. The Lease is hereby amended so as to insert the
following new Sections 16 and 17:
16. RIGHT OF FIRST REFUSAL. Landlord hereby grants to Tenant a
right of first refusal to lease, in addition to the Premises, Suite 101
of the Building which shall be approximately 14,000 square feet of space
and which is currently leased by Lincoln Children's Museum, a Nebraska
corporation, on the first floor of the Building or any portion thereof
(the "Children's Museum Area"). If at any time Landlord shall desire to
lease the Children's Museum Area or any portion thereof to a party other
than the Lincoln Children's Museum, Landlord shall give to Tenant
written notice (the "First Refusal Notice") which shall describe in
sufficient detail the terms and conditions offered by, and the identity
of, a bona fide prospective lessee to whom Landlord is considering
leasing the Children's Museum Area or any portion thereof. The First
Refusal Notice shall offer the Children's Museum Area or a portion
thereof to Tenant for lease upon terms and conditions substantially the
same as those described in the First Refusal Notice. Tenant shall notify
Landlord in writing within fifteen (15) calendar days after receipt of
the First Refusal Notice if Tenant elects to lease the Children's Museum
Area or a portion thereof which is the subject of the First Refusal
Notice. If such election to lease shall not have been timely made as to
the Children's Museum Area or a portion thereof offered for lease, the
Children's Museum Area or a portion thereof may after expiration of
fifteen (15) calendar days after receipt of the First Refusal Notice, be
leased to the lessee named in, and upon the same terms and conditions
described in the First Refusal Notice. If Tenant notifies Landlord on a
timely basis of its intent to exercise the Right of First Refusal,
Tenant shall lease from Landlord the Children's Museum Area or a portion
thereof under the same terms as offered in the First Refusal Notice;
provided, however, that Landlord shall, without additional charge, bring
utilities to the Children's Museum Area, upgrade HVAC and provide
adequate servicing, trunk lines and duct systems for heat and air
conditioning in addition to any terms set forth under the First Refusal
Notice. In the event Tenant exercises its Right of First Refusal
hereunder, the Children's Museum Area shall be made available for
possession by Tenant within thirty (30) days after Tenant gives to
Landlord written notice of the Tenant's intent to exercise its Right of
First Refusal hereunder; rent on the Children's Museum Area or a portion
thereof shall not begin to accrue until Tenant begins business
operations after remodeling is completed and any regulatory approval has
been obtained. Such Right of First Refusal shall terminate unless
exercised by Tenant on or before the date of termination of the Lease or
any extension thereof.
17. OPTION TO LEASE CHILDREN'S MUSEUM AREA. In the event that
Lincoln Children's Museum ceases leasing all or any portion of the
Children's Museum Area, Landlord hereby grants to Tenant an option to
lease the Children's Museum Area, or the portion thereof not otherwise
leased to another tenant following application of the provisions of
Section 16 herein, under the same terms as the Lease, with the following
exceptions: (i) the initial rental of any portion of the Children's
Museum Area shall be $8.00 per square foot annually through June 30,
1999, with an additional $.25 per square foot added thereto each year
thereafter; (ii) Landlord shall, without additional charge, bring
utilities to the Children's Museum Area, upgrade HVAC and provide
adequate servicing, trunk lines and duct systems for heating and air
conditioning for the Children's Museum Area; and (iii) the leasehold
term with respect to the Children's Museum Area shall be a minimum of
five (5) years, irrespective of when the option is exercised. The option
granted herein may, at Tenant's option, be exercised before or after
Tenant receives any First Refusal Notice as set forth in Section 16
above, or as an alternative to Tenant's Right of First Refusal under
Section 16 hereinabove. The Children's Museum Area shall be made
available for possession by Tenant within thirty (30) days after Tenant
gives to Landlord a Notice of Tenant's intent to exercise its option
hereunder. Rent on the Children's Museum Area shall not begin to accrue
until Tenant begins business operations after remodeling is completed
and any regulatory approval has been obtained. Tenant's option to lease
hereunder shall be deemed to have been exercised upon Tenant's giving
written notice of its intent to lease the Children's Museum Area or any
portion thereof. Tenant's option to lease shall terminate unless
exercised on or before the date of termination of the Lease or any
extension thereof.
2. All provisions of the Lease are hereby ratified and reconfirmed; such
provisions are modified to the extent the terms of the Lease contradict the
terms as expressed in this Amendment.
3. SUCCESSORS AND ASSIGNS. The Lease and this Amendment shall be binding
upon and shall inure to the benefit of the parties hereto and their respective
permitted successors and assigns.
IN WITNESS WHEREOF, the parties hereto hereby execute this Amendment as
of the day and year first above written.
MILLER & PAINE, a Nebraska UNION BANK AND TRUST
corporation, Landlord COMPANY, Tenant
By: /s/ Robert E. Campbell II By: /s/ Michael S. Dunlap
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Robert E. Campbell II Michael S. Dunlap
President Executive Vice President
STATE OF NEBRASKA )
) ss.
COUNTY OF LANCASTER )
The foregoing instrument was acknowledged before me this 16 day of June,
1997, by Robert E. Campbell II, President of Miller & Pane, a Nebraska
corporation, on behalf of the corporation.
SEAL /s/ Cynthia Done
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Notary Public
STATE OF NEBRASKA )
) ss.
COUNTY OF LANCASTER )
The foregoing instrument was acknowledged before me this 13 day of June
, 1997, by Michael S. Dunlap, Executive Vice President of Union Bank and Trust
Company, on behalf of the corporation.
SEAL /s/ Daniel F. Kaplan
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Notary Public