WE 150 Munson LLC c/o Winstanley Enterprises LLC 150 Baker Avenue Extension, Suite 303 Concord, MA 01742
Exhibit 10.13
WE 150 Munson LLC
c/o Winstanley Enterprises LLC
150 Baker Avenue Extension, Suite 303
Concord, MA 01742
June 11, 2009
Mark Volchek
Higher One, Inc.
New Haven, CT 06511
Re: | Amendment to Lease |
Dear Mr. Volchek,
Please find enclosed one (1) executed Lease Amendment for the property located at 150 Munson Street in New Haven, CT.
If there is anything you need from us please do not hesitate to contact our office.
Sincerely, |
/s/ Pamela DAmbrosio |
Pamela DAmbrosio |
Administrative Assistant |
Enclosure
AMENDMENT NO. 1 TO LEASE
THIS AMENDMENT NO. 1 TO LEASE (this Amendment) is made and entered into as of the 5th day of June, 2009 by and between Landlord and Tenant named below:
LANDLORD: | WE 150 Munson LLC c/o Winstanley Enterprises LLC 150 Baker Avenue Extension, Suite 303 Concord, Massachusetts 01742 | |
TENANT: | Higher One, Inc. 150 Munson Street New Haven, Connecticut 06511 | |
BUILDING: | 150 Munson Street New Haven, Connecticut 06511 |
WHEREAS, Landlord and Tenant executed a lease dated as of November 1, 2007 (the Lease), by which Tenant leased approximately 45,871 rentable square feet in the Building and designated as Tenant 2A Higher One, Tenant 3A Higher One, Tenant 3B Higher One (as defined in the Lease). The Rentable Square Footage of the Building is deemed to be 264,463 square feet; and
WHEREAS, Landlord and Tenant agree to correct certain provisions of the Lease to reflect the actual Rentable Square Footage of the Premises, expand the Premises, provide for a tenant improvement allowance, adjust Tenants Base Rent, Pro Rata Share, and extend the term of the Lease accordingly, under the terms and conditions set forth herein.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Landlord and Tenant hereby agree as follows:
1. | Capitalized terms used but not defined herein shall have the meaning ascribed to each in the Lease. |
2. | Section 1. (e) is hereby amended as follows: |
Premises means together, the Original Premises, the Expansion Premises, and the Additional Expansion Premises with an aggregate total rentable square footage of 51,150 rentable square feet.
3. | Section 1. (f) is hereby amended as follows: |
Section 1. (f) Original Premises means the area shown on Exhibit A and Exhibit B attached hereto, consisting of approximately 29,270 rentable square feet and designated as Tenant 2A Higher One on Exhibit A and as Tenant 3A Higher One on Exhibit B, subject to the right of remeasurement as set forth in the Lease.
4. | Section 1. (g) is hereby amended as follows: |
1. (g) Expansion Premises and Additional Expansion Premises (collectively the Total Expansion Premises) means the area shown on Exhibit B attached hereto consisting of approximately 17,489 square feet known as the Expansion Premises and designated as Tenant 3B Higher One and the area shown on Exhibit B consisting of approximately 4,391 square feet and known as the Additional Expansion Premises and designated as Tenant 3D, collectively the total Expansion Premises. The total rentable square footage of the Total Expansion Premises is deemed to be 21,880 rentable square feet, both subject to the right of remeasurement as set forth in the Lease.
5. | The Commencement Date for the Additional Expansion Space, Tenant 3D, shall be December 1, 2009. |
6. | Section 1. (h) is hereby amended as follows: |
1. (h) The Rentable Square Footage of the Premises is deemed to be 51,150 rentable square feet, as it may hereafter be adjusted.
7. | Section 1. (i) Base Rent is hereby amended as follows: |
1. (i) Base Rent means:
Period | Rent Per RSF | Annual Base Rent | Monthly Installment | ||||||
11/02/2007 4/30/2009 | $ | 16.00 | $ | 733,936.00 | $ | 61,161.00 | |||
(45,871 rsf) | |||||||||
5/01/2009 11/30/09 | $ | 16.32 | $ | 748,614.72 | $ | 62,384.56 | |||
(45,871 rsf) | |||||||||
12/01/2009 07/31/2011 | $ | 16.46 | $ | 841,929.00 | $ | 70,160.75 | |||
(Combined Premises consisting of 51,150 rsf) |
The Base Rent may be adjusted in the event any portion of the Excess Cost, as defined in Exhibit C to Lease, is amortized over the initial Term.
8. Section 1. (1) is hereby amended as follows:
1. (1) Tenants Pro Rata Share means, initially, 10.95%, which shall increase to 17.34% following the Expansion Premises Commencement Date, and 19.34% following the Additional Expansion Premises Commencement Date subject to adjustment following remeasurement of the Premises.
9. | Section 1. (p) is hereby amended as follows: |
1. (p) Termination Date means July 31, 2011.
10. Landlord agrees to contribute the sum of $60.00 per rentable square feet, of the 4,391 rentable square feet of the Additional Expansion Premises, toward the cost of the Initial Alterations (the Allowance) and the total amount of the allowance shall be calculated once the actual rentable square footage of the Additional Expansion Premises is determined and agreed to by Landlord and Tenant.
11. Landlord and Tenant represent and warrant to the other that each has full authority to enter into this Amendment No. 1 to Lease and further agree to hold harmless, defend, and indemnify the other from any loss, costs (including reasonable attorneys fees), damages, or claim arising from any lack of such authority.
12. Landlord and Tenant hereby represent and warrant to the other that each has not dealt with any broker, finder or like agent in connection with this Amendment and each does hereby agree to indemnify and hold the other, its agents and their officers, directors, shareholders, members, partners and employees, harmless of and from any claim of, or liability to, any broker finder or like agent claiming a commission or fee by reason of having dealt with either party in connection with the negotiation, execution or delivery of this Amendment, and all expenses related thereto, including without limitation, reasonable attorneys fees and disbursements.
13. As modified herein, the Lease is hereby ratified and confirmed and shall remain in full force and effect.
14. This Amendment constitutes the entire agreement by and between the parties hereto and supersedes any and all previous agreements, written or oral, between the parties. No modification or amendment of this Amendment shall be effective unless the same shall be in writing and signed by the parties hereto. The provisions of this Amendment shall inure to the benefit of, and be binding upon, the parties hereto and their respective legal representatives, successors and assigns.
[Signature page to follow]
IN WITNESS WHEREOF, the LANDLORD and TENANT have signed this Amendment No. 1 to Lease as of the day and year first above written.
Signed, Sealed, and Delivered In the Presence of: | LANDLORD: | |||||||||||||
WE 150 MUNSON LLC | ||||||||||||||
/s/ Demian Gage | By: | WE Science Park LLC | ||||||||||||
Witness Demian Gage | Its Manager | |||||||||||||
/s/ Adam D. Winstanley | By: | WE Science Park Holdings LLC | ||||||||||||
Witness Adam D. Winstanley | Its Manager | |||||||||||||
By: | Winstanley Enterprises LLC | |||||||||||||
Its Manager | ||||||||||||||
By: | /s/ Carter J. Winstanley | |||||||||||||
Name: Carter J. Winstanley | ||||||||||||||
Title: Manager |
Witness | ||||||||
Witness | ||||||||
TENANT: | ||||||||
HIGHER ONE, INC. | ||||||||
By: | /s/ Mark Volchek | |||||||
Name: Mark Volchek | ||||||||
Title: CFO |
[Signature page to Amendment No. 1 to Lease by and between
WE 150 Munson LLC and Higher One, Inc.]