Exhibit 10.22
SECOND AMENDMENT
AGREEMENT, made this 12th day of July, 1999, entered into
between GLORIOUS SUN ROBERT MARTIN, LLC, a New York limited liability company,
having its principal office at 100 Clearbrook Road, Elmsford, New York (herein
referred to as "Landlord"), and FRONTLINE COMMUNICATIONS CORPOPATION (formerly
known as Easy Street Online, Inc.), a Delaware corporation, having an office at
One Blue Hill Plaza, Pearl Riverr New York 10965 (herein referred to as
"Tenant").
W I T N E S S E T H:
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WHEREAS, Landlord and Tenant entered into a written lease
agreement dated June 11, 1997, and a First Amendment dated May 27, 1999
(hereinafter collectively referred to as the "Lease") wherein and whereby the
Landlord leased to Tenant and the Tenant hired from the Landlord approximately
11,432 square feet in the building known as One Blue Hill Plaza, Pearl River,
New York, for a term which currently expires on the last day of the month five
(5) years after the month during which the New Premises Commencement Date (as
defined in the First Amendment) occurs (the "Expiration Date"), and
WHEREAS, pursuant to the First Amendment, as of the New
Premises Commencement Date (as defined in the First Amendment), Tenant shall
relocate from the Demised Premises consisting of approximately 5,525 square feet
on the 6th floor of the Building ("Existing Premises") to space located on the
7th floor of the Building consisting of approximately 11,432 square feet ("New
Premises") as shown on the floor plan attached and made a part hereof as Exhibit
A-1.
WHEREAS, the parties hereto desire to amend said Lease by
enlarging the premises pursuant to the terms and provisions set forth below;
NOW, THEREFORE, in consideration of the mutual covenants
herein contained and other good and valuable consideration, each to the other in
hand paid, IT IS AGREED as follows:
1. As of the Additional Premises Commencement Date, the
following shall be effective:
a) The demised premises consisting of approximately 11,432
square feet (the "New Premises" as defined in the First Amendment) shall he
enlarged by approximately 670 square feet ("Additional Premises") to form a
combined space consisting of approximately 12,102 square feet (the "Second New
Premises") as shown on the floor plan attached and made a part hereof as Exhibit
A-1. Landlord shall deliver the Additional Premises to Tenant subject to the
work shown on Exhibit A-1.
b) The fixed rent for the New Premises shall continue as
set forth in Paragraph 2(b) of the First Amendment. The fixed rent for the
Additional Premises only shall be as follows:
Commencing on the Additional Premises Commencement Date
through and including the Expiration Date, the fixed rent for the Additional
Premises shall be $15,242.50 per annum.
c) The references to "11,432 square feet" in Section
2.01(d) of the Lease (as modified by Paragraph 2(c) of the First Amendment)
shall be amended by deleting such references and substituting "12,102 square
feet" in place thereof.
d) Section 4.01(e) of the Lease (as modified by Paragraph
2(d) of the First Amendment) shall be amended by deleting "1.039%" therein and
substituting "1.10%" in place thereof.
e) Electric Rent (as defined in Article 21.02 of the Lease)
in the amount of $1.50 per square foot of Rentable Area is included in the fixed
rent set forth in paragraph 1(b) above.
2. The Additional Premises Commencement Date shall be deemed
to occur on the earlier of (i) the date the Additional Premises shall be deemed
complete (as defined below) or (ii) the date Tenant or anyone claiming under or
through Tenant shall occupy the Additional Premises. The Additional Premises
shall be deemed complete on the earliest date on which Landlord's work, as set
forth on Exhibit A-1, in the Additional Premises has been substantially
completed, notwithstanding the fact that minor or insubstantial details of
construction, mechanical adjustment or decoration remain to be performed, the
non-completion of which would not materially interfere with Tenant's Use of the
Additional Premises. If completion of the Additional Premises is delayed by
reason of:
(i) any act or omission of Tenant or any of its employees,
agents or contractors which affects the Landlord's ability to
complete the work, or
(ii) failure to plan or execute Tenant's work, if any, with
reasonable speed and diligence, or
(iii) failure to make selections required hereunder, or
(iv) material changes by Tenant in its drawings or
specifications or changes or substitutions requested by Tenant,
or
(v) failure to submit or approve drawings, plans or
specifications timely,
then the Additional Premises shall be deemed complete (and Tenant shall commence
paying the rental set forth in Paragraph 1 (b)) on the date when it would have
been completed but for such delay, and Tenant shall pay Landlord all costs and
damages which Landlord may sustain by reason of such delay as specified in
paragraphs 3(i)-(v) above.
Promptly following the completion of the Additional Premises as described above,
the parties shall enter into a supplementary written agreement setting forth the
Additional Premises Commencement Date.
3. Tenant agrees not to disclose the terms, covenants,
conditions or other facts with respect to the Lease, including, but not limited
to, the Fixed Annual Rent, to any person, corporation, partnership, association,
newspaper, periodical or other entity. This non-disclosure and confidentiality
agreement shall be binding upon Tenant without
limitation as to time, and a breach of this paragraph shall constitute a
material breach under the Lease.
4. The Tenant represents that it has dealt with no broker in
connection with this Lease Amendment except Mack-Cali Realty, L.P.
5. Except as otherwise get forth herein, all terms and
provisions contained in the Lease shall remain in full force and effect.
6. It is understood and agreed that this Lease Amendment is
submitted to the Tenant for signature with the understanding that it shall not
hind the Landlord unless and until it has been executed by the Landlord and
delivered to the Tenant or Tenant's attorney.
7. This Lease, as hereby amended, shall be binding upon the
parties hereto, their successors and assigns.
IN WITNESS WHEREOF, the parties hereto have hereunto set their
hands and seals the day and year first above written.
GLORIOUS SUN ROBERT MARTIN, LLC
By: RM Blue Hill, Inc.
By:
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Managing Member
FRONTLINE COMMUNICATIONS
CORPORATION
By:
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Vice President