Second Amendment to Lease Agreement between MJLB 1 Limited Partnership, LLP and 2nd Swing, Inc.
This amendment, effective October 10, 2001, updates the lease between MJLB 1 Limited Partnership, LLP (landlord) and 2nd Swing, Inc. (tenant) for premises at 5810 Baker Road, Minnetonka, Minnesota. The amendment increases the leased space by 631 square feet, adjusts the tenant's share to 52.23%, and sets a new base rent of $316 per month for the additional space, effective November 1, 2001. All other terms of the original lease remain unchanged.
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Exhibit 10.1(c)
AMENDMENT #2
TO LEASE DATED JUNE 22, 2001 BY AND BETWEEN
MJLB 1 LIMITED PARTNERSHIP, LLP, AS LANDLORD
AND 2nd SWING, INC., AS TENANT
THIS AMENDMENT TO LEASE, is entered into and made as of the 10th day of October, 2001, by and between MJLB 1 Limited Partnership, LLP, as Landlord, and 2nd Swing, Inc., a Minnesota Corporation, as Tenant.
WITNESSTH THAT:
WHEREAS, Landlord and Tenant have heretofore entered into a certain lease, dated June 22, 2001, and amended said Lease with Amendment #1 dated the 16th day of August, 2001 (the "Lease"), of certain premises in SkyRidge Building III located at 5810 Baker Road, Suite 100, Minnetonka, Minnesota ###-###-#### (the "Premises"), upon terms and conditions described in said Lease; and
WHEREAS, Landlord and Tenant desire to amend said Lease as described below;
NOW THEREFORE, in consideration of the rents reserved and of the covenants and agreements herein set forth, it is agreed that the lease be hereby amended from and after the date hereof as follows:
- 1.
- Leased Premises—Landlord and Tenant hereby agree to increase Tenant's Leased Premises by 631 square feet ("Amendment #2 Space") to include that portion of the Building as shown on Exhibit 2-A.
- 2.
- Rentable Area—Leasing the Amendment #2 Space will increase Tenant's total Leased Premises to approximately 12,791 square feet.
- 3.
- Tenant's Percentage—52.23% shall be the amended Tenant's Percentage.
- 4.
- Term—The commencement date for the Amendment #2 Space shall be November 1, 2001. The term shall run coterminous with the Tenant's Lease.
- 5.
- Base Rent—Tenant agrees to pay Landlord Base Rent of $316.00 per month for the Amendment #2 Space. Tenant's obligation to pay Base Rent for this space begins on the commencement date for Amendment #2.
Except as in hereinabove set forth, all terms, provisions and covenants of the Lease shall remain unchanged and in full force and effect.
IN WITNESS WHEREOF, the parties hereto have duly executed the Amendment as of the date and year first above written.
| MJLB 1 LIMITED PARTNERSHIP, LLP, A Minnesota limited liability partnership | 2nd SWING, INC., A Minnesota corporation | |||
By: | /s/ | By:: | /s/ | |
| Its: | General Partner | Its: | Chief Executive Officer | |
| Date: | October 10, 2001 | Date: | October 16, 2001 | |
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