FIRST AMENDMENT TO LEASE, made this 27th day of JUNE, 1996, between
MOUNTAIN PLAZA ASSOCIATES, a New Jersey Partnership, having an office at 14A
Worlds Fair Drive, Franklin Township, New Jersey 08873 (having a mailing address
at P.O. Box 5850, Somerset, New Jersey 08875-5850), hereinafter called the
'Landlord'; and ALL COMMUNICATIONS CORPORATION, a New Jersey corporation, having
an office at 1450 Route 22, Mountainside, New Jersey 07092, hereinafter called
the 'Tennant'.
W I T N E S S E T H:-
WHEREAS, the Landlord owns certain lands and premises in the Borough of
Mountainside, County of Union and State of New Jersey, which lands and premises
are known as 1450 Route 22, upon which there has been erected a office building
containing approximately 41,531 square feet, hereinafter called the 'Building';
and
WHEREAS, the Landlord and Tenant have heretofore entered into a certain
lease agreement dated April 13, 1995, hereinafter called the 'Lease', pursuant
to which Tenant has leased 3,828 square feet of space in the Building,
hereinafter called the 'Original Demised Premises', all in accordance with the
terms and conditions of the Lease; and
WHEREAS, the Landlord has agreed to provide and lease to Tenant additional
space containing 324 rentable square feet, hereinafter called the 'Additional
Demised Premises', as shown on Schedule 'A' annexed hereto and made a part
hereof, as said Additional Demised Premises shall be delivered by Landlord to
Tenant in the Building hereinabove referred to in accordance with the terms and
conditions hereinafter provided; and
WHEREAS, the Landlord and Tenant by this First Amendment to Lease wish to
modify, supplement and amend the terms and conditions of the Lease to provide
for additional rent and other
Lease obligations as the same shall be required and attributable to the
Additional Demised Premises,
NOW, THEREFORE, in consideration of the sum of ONE ($1.00) DOLLAR and other
good and valuable consideration, the parties hereto covenant and agree as
follows:
1. The Demised Premises shall consist of the Original Demised Premises
containing 3,828 square feet, together with the Additional Demised Premises
containing 324 square feet located on the second floor of the Buildling, to be
delivered by Landlord to Tenant, which total leased speace shall comprise 4,152
square feet, hereinafter called the 'Revised Demised Premises', and Article 1.2
of the Lease is hereby modified accordingly.
2. (a) The Lease term under the Lease as to the Additional Demised Premises
shall commence on or about July 1, 1996, subject to the provisions of paragraph
2(b) hereof, and shall expire, as to the Revised Demised Premises on May 31,
2000, in accordance with the terms and conditions of the Lease.
(b) In the event the Additional Demised Premises are delivered to the
Tenant prior to or after July 1, 1996, the Term, as applicable to the Additional
Demised Premises, shall commence on the date of delivery of possession of the
Additional Demised Premises to the Tenant (the 'Additional Commencement Date')
and shall continue, as to the Revised Demised Premises, until May 31, 2000 (the
'Expiration Date'). In the event the Additional Commencement Date is not the
first day of a calendar month, the Fixed Rent and additional rent payable for
such month shall be prorated accordingly.
3. Tenant shall pay Fixed Rent for the Revised Demised Premises in the same
manner as provided in Article 2 of the Lease, except as follows:
(a) Commencing upon delivery of the Additional Demised Premises in
accordance with the terms and conditions of the
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within Amendment and continuing through the balance of the second year of the
Term, Tenant shall pay Fixed Rent in the amount of FIFTY FOUR THOUSAND THREE
HUNDRED SIXTY AND 00/100 ($54,360.00) DOLLARS per annum, in equal installments
of FOUR THOUSAND FIVE HUNDRED THIRTY AND 00/100 ($4,530.00) DOLLARS per month.
(b) During the third, fourth and fifth years of the Term, Tenant shall pay
Fixed Rent in the amount of SIXTY TWO THOUSAND TWO HUNDRED EIGHTY AND 00/100
($62,280.00) DOLLARS per annum, in equal installments of FIVE THOUSAND ONE
HUNDRED NINETY AND 00/100 ($5,190.00) DOLLARS per month.
(c) Tenant shall pay, in addition to the Fixed Rent hereinabove provided,
all other charges as in the Lease required and as may be attributable to the
Revised Demised Premises.
4. Anything herein contained to the contrary notwithstanding, it is
expressly understood and agreed that the Tenant shall take the Additional
Demised Premises and improvements as of the Additional Commencement Date in an
'as is' condition.
5. Effective as of the date of delivery of the Additional Demised Premises
to the Tenant, Tenant's Proportionate Share for additional rent and other
charges provided in the Lease as applicable to taxes, repairs, insurance and
other Lease obligations shall be revised from 9.2% to 10%, wherever applicable,
which revision and readjustment is attributable to the incorporation of the
Additional Demised Premises in and to the Revised Demised Premises as herein
referred to.
6. Article 38(1) of the Lease is hereby modified as follows:
'(1) During the first three (3) year renewal period, Tenant shall pay Fixed
Rent in the amount of SEVENTY FIVE THOUSAND SEVEN HUNDRED SEVENTY FOUR AND
00/100 ($75,774.00) DOLLARS per annum, in equal installments of SIX THOUSAND
THREE HUNDRED
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FOURTEEN AND 50/100 ($6,314.50) DOLLARS per month, payable as hereinabove
provided in Article 2.'
7. The within Amendment is subject to and conditioned upon the Landlord
entering into a valid and binding Lease Termination Agreement with CHARLIE
BROWN'S, INC., a New Jersey Corporation, which Agreement is applicable to the
Additional Demised Premises. In the event such Agreement is not fully executed,
the within Amendment shall be null and void and of no further force and effect.
8. Except as in this First Amendment to Lease provided, all other terms and
conditions of the Lease shall remain in full force and effect and shall be
applicable to the Additional Demised Premises upon the Additional Commencement
Date.
9. This Agreement shall be binding on the parties hereto, their heirs,
successors and assigns.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals or
cause these presents to be signed by its proper corporate officers and caused
its proper corporate seal to be hereunto affixed, the day and year first above
written.
WITNESS: MOUNTAIN PLAZA ASSOCIATES
[SIGNATURE] By: /s/ HERBERT PUNIA (L.S.)
................................... ....................................
Herbert Punia, Partner
ATTEST: ALL COMMUNICATIONS CORPORATION
/s/ ANDREA GRASSO By: /s/ RICHARD REISS, Pres.
................................... ....................................
Richard Reiss, President
(Affix Corporate Seal here)
4
STATE OF NEW JERSEY )
) SS.:
COUNTY OF SOMERSET )
BE IT REMEMBERED, that on this 27th day of JUNE, 1996, before me, the
subscriber, SONDRA A. STEINBERG personally appeared Herbert Punia, Partner of
MOUNTAIN PLAZA ASSOCIATES, a New Jersey Partnership, who, I am satisfied, is the
Landlord mentioned in the within Instrument, and thereupon he acknowledged that
he signed, sealed and delivered the same as his act and deed, for the uses and
purposes therein expressed.
/s/ SONDRA A. STEINBERG
.....................................
SONDRA A. STEINBERG
NOTARY PUBLIC OF NEW JERSEY
My Commission Expires Nov. 23, 2000
STATE OF NEW JERSEY )
) SS.
COUNTY OF )
BE IT REMEMBERED, that on this 27th day of June, 1996, before me, the
subscriber, Vonda W. Wright personally appeared Richard Reiss, who, I am
satisfied, is the person who signed the within Instrument as President of ALL
COMMUNICATIONS CORPORATION, a New Jersey corporation, the Tenant named therein,
and he thereupon acknowledged that the said instrument made by the corporation
and sealed with its corporate seal, was signed, sealed with the corporate seal
and delivered by him as such officer and is the voluntary act and deed of the
corporation, made by virtue of authority from its Board of Directors.
/s/ VONDA W. WRIGHT
.....................................
Vonda W. Wright
Notary Public of NJ
My Commission Expires
January 7, 1997
PREPARED BY: ROBERT K. BROWN, ESQ.
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SCHEDULE A
[FLOOR PLAN]
CONSTRUCTION CLASSIFICATION: TYPE "2-C"
USE GROUP: "B"
OCCUPANT LOAD: 30 PEOPLE
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CHARLIE BROWN ROOM #1
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ALL COMMUNICATIONS ROOM #2
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1450 US RT. 22 WEST, MOUNTAINSIDE, N.J.
4-10-96 EXCL SCALE 1/8" = 1'-0" CODE ALLCOM
FIRST AMENDMENT TO LEASE
BY AND BETWEEN:
MOUNTAIN PLAZA ASSOCIATES,
a New Jersey Partnership,
'Landlord'
-and-
ALL COMMUNICATIONS CORPORATION,
a New Jersey Corporation,
'Tenant'
DATED: JUNE 27, 1996
LAW OFFICES
EPSTEIN, EPSTEIN, BROWN & BOSEK
A Professional Corporation
245 Green Village Road
P.O. Box 901
Chatham Township, NJ 07928-0901
#13740352.1AM
RKB#601
June 19, 1996