1. | LEASED PREMISES. Effective May 1, 2013, the provisions of paragraph 1.5 are hereby deleted and the following substituted in lieu thereof: |
2. | TERM. The Lease Term for the Suite 1260 Expansion Space added by this amendment shall be for three (3) years and one (1) month, commencing May 1, 2013 and terminating May 31, 2016. |
3. | RENT. Effective May 1, 2013, the Base Rent table set forth on Exhibit C of the Lease, Section 2 (Rent) of Lease Amendment #1, Exhibit C-l of Lease Amendment #2, Exhibit C-2 of Lease Amendment #3, Exhibit C-3 of Lease Amendment #4 and Exhibit C-4 of Lease Amendment #5 are hereby deleted and the attached Exhibit C-5 shall be substituted in lieu thereof. |
4. | FINISH OUT. Lessee accepts the Leased Premises in “as is” condition and no other finish out shall be required of Lessor. Any alterations to the Leased Premises shall be at Lessee’s sole expense and responsibility. |
5. | PARKING. Effective May 1, 2013, Lessor agrees to provide up to one (1) additional parking spaces in the attached parking garage, at the following rates per space per month plus applicable sales tax at Lessee’s election herein: |
6. | SUBJECT TO VACATING. Lessor’s duty to tender possession of the Suite 1260 Expansion Space added to the Leased Premises hereunder is subject to the current tenant vacating the Suite 1260 Expansion Space. Provided, however, that if the current tenant does not vacate the Suite 1260 Expansion Space within six (6) months from the proposed effective date hereof, Lessee shall have the right to terminate its obligation to lease the Suite 1260 Expansion Space by delivery of written notification to Lessor. |
7. | RATIFICATION. Lessor and Lessee do hereby ratify and affirm all of the terms, conditions and covenants of the Lease Agreement, as amended herein. |
LESSOR | LESSEE | |||||||
FASKEN MIDLAND, LLC | DIAMONDBACK E & P LLC | |||||||
By: | JB Fund 1, LLC, Manager | |||||||
By: | Its Managers | |||||||
North Waterfront Corporation | ||||||||
By: | /s/ Thomas E. Cooper | By: | /s/ Travis D. Stice | |||||
Thomas E. Cooper | Name: | Travis D. Stice | ||||||
Vice President | Title: | Chief Executive Officer |
JB Financials, Inc. | |||
By: | /s/ Thomas E. Cooper | ||
Thomas E. Cooper | |||
Vice President |
Original Leased Premises - Suite 1210 - 1,586 Sq. Ft. | Suite 1220 Expansion Space - 1,489 Sq. Ft. | |||||||||||
Months | Annual Rate Per SF for Original Leased Premises | Annual Rent for Original Leased Premises | Monthly Rent for Original Leased Premises | Annual Rate Per SF for Suite 1220 Expansion Space | Annual Rent for Suite 1220 Expansion Space | Monthly Rent for Suite 1220 Expansion Space | ||||||
8/1/11 until Termination of Amendment #2 for Basement Expansion Space - Terminated 9/30/12 | ||||||||||||
08/01/11 - 10/31/11 | $16.00 | $25,376.00 | $2,114.67 | |||||||||
11/1/11 - 11/30/11 | $16.00 | $25,376.00 | $2,114.67 | $16.00 | $23,824.00 | $1,985.33 | ||||||
12/1/11 - 1/31/12 | $16.00 | $25,376.00 | $2,114.67 | $16.00 | $23,824.00 | $1,985.33 | ||||||
2/1/12 - 5/31/12 | $16.00 | $25,376.00 | $2,114.67 | $16.00 | $23,824.00 | $1,985.33 | ||||||
6/1/12 - 4/30/13 | $16.75 | $26,565.50 | $2,213.79 | $16.75 | $24,940.75 | $2,078.40 | ||||||
5/1/13 - 5/31/13 | $16.75 | $26,565.50 | $2,213.79 | $16.75 | $24,940.75 | $2,078.40 | ||||||
6/1/2013 - 5/31/14 | $17.50 | $27,755.00 | $2,312.92 | $17.50 | $26,057.50 | $2,171.46 | ||||||
06/01/14 - 05/31/15 | $18.25 | $28,944.50 | $2,412.04 | $18.25 | $27,174.25 | $2,264.52 | ||||||
06/01/15 - 05/31/16 | $19.00 | $30,134.00 | $2,511.17 | $19.00 | $28,291.00 | $2,357.58 | ||||||
Suite 1225 Expansion Space - 1,997 Sq. Ft. | 12th Floor Expansion Space - 314 Sq.Ft. | |||||||||||
Months | Annual Rate Per SF for Suite 1225 Expansion Space | Annual Rent for Suite 1225 Expansion Space | Monthly Rent for Suite 1225 Expansion Space | Annual Rate Per SF for 12th Floor Expansion Space | Annual Rent for 12th floor Expansion Space | Monthly Rent for 12th Floor Expansion Space | ||||||
8/1/11 until Termination of Amendment #2 for Basement Expansion Space - Terminated 9/30/12 | ||||||||||||
08/01/11 - 10/31/11 | ||||||||||||
11/1/11 - 11/30/11 | ||||||||||||
12/1/11 - 1/31/12 | $18.00 | $35,946.00 | $2,995.50 | |||||||||
2/1/12 - 5/31/12 | $18.00 | $35,946.00 | $2,995.50 | $19.00 | $5,966.00 | $497.17 | ||||||
6/1/12 - 4/30/13 | $18.50 | $36,944.50 | $3,078.71 | $19.50 | $6,123.00 | $510.25 | ||||||
5/1/13 - 5/31/13 | $18.50 | $36,944.50 | $3,078.71 | $19.50 | $6,123.00 | $510.25 | ||||||
6/1/2013 - 5/31/14 | $19.00 | $37,943.00 | $3,161.92 | $20.00 | $6,280.00 | $523.33 | ||||||
06/01/14 - 05/31/15 | $20.00 | $39,940.00 | $3,328.33 | $21.00 | $6,594.00 | $549.50 | ||||||
06/01/15 - 05/31/16 | $21.00 | $41,937.00 | $3,494.75 | $22.00 | $6,908.00 | $575.67 | ||||||
Suite 1280 Expansion Space - 2,042 Sq. Ft. | Suite 1260 Expansion Space - 537 Sq.Ft. | |||||||||||
Months | Annual Rate Per SF for Suite 1280 Expansion Space | Annual Rent for Suite 1280 Expansion Space | Monthly Rent for Suite 1280 Expansion Space | Annual Rate Per SF for Suite 1260 Expansion Space | Annual Rent for Suite 1260 Expansion Space | Monthly Rent for Suite 1260 Expansion Space | ||||||
8/1/11 until Termination of Amendment #2 for Basement Expansion Space - Terminated 9/30/12 | ||||||||||||
08/01/11 - 10/31/11 | ||||||||||||
11/1/11 - 11/30/11 | ||||||||||||
12/1/11 - 1/31/12 | ||||||||||||
2/1/12 - 5/31/12 | ||||||||||||
6/1/12 - 4/30/13 | $20.00 | $40,840.00 | $3,403.33 | |||||||||
5/1/13 - 5/31/13 | $20.00 | $40,840.00 | $3,403.33 | $22.00 | $11,814.00 | $984.50 | ||||||
6/1/2013 - 5/31/14 | $20.50 | $41,861.00 | $3,488.42 | $22.00 | $11,814.00 | $984.50 | ||||||
06/01/14 - 05/31/15 | $21.00 | $42,882.00 | $3,573.50 | $22.75 | $12,216.75 | $1,018.06 | ||||||
06/01/15 - 05/31/16 | $22.00 | $44,924.00 | $3,743.67 | $23.50 | $12,619.50 | $1,051.63 | ||||||
Months | Total Annual Rent for Stes 1210, 1220, 1225, 12th floor, 1280 & 1260 | Total Monthly Rent for Stes 1210, 1220, 1225, 12th floor, 1280 & 1260 | ||
8/1/11 until Termination of Amendment #2 for Basement Expansion Space - Terminated 9/30/12 | ||||
08/01/11 - 10/31/11 | $25,376.00 | $2,114.67 | ||
11/1/11 - 11/30/11 | $49,200.00 | $4,100.00 | ||
12/1/11 - 1/31/12 | $85,146.00 | $7,095.50 | ||
2/1/12 - 5/31/12 | $91,112.00 | $7,592.67 | ||
6/1/12 - 4/30/13 | $135,413.75 | $11,284.48 | ||
5/1/13 - 5/31/13 | $147,227.75 | $12,268.98 | ||
6/1/2013 - 5/31/14 | $151,710.50 | $12,642.54 | ||
06/01/14 - 05/31/15 | $157,751.50 | $13,145.96 | ||
06/01/15 - 05/31/16 | $164,813.50 | $13,734.46 | ||