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MEMO REGARDNG ADDITONAL RENTAL FOR TENANTS AT CAMPUS WALK .. .1 GENE MAXON ASSOCIATE~. INC. DEVELOPMENT Be INVESTMENi" PROPERTIES I '.,,') - E.S. MAXON C. CALDER BANK W.O. MAXON S. CAZIN A.T. Ross A. F ARID A.D. WILLIAMS 12 April 1994 Mr. Charles Warrington/Mr. Sandy Barley Clearwater Gas Company 900 Chestnut Street Clearwater, Florida Re: Gampus Walk Plaza lease to the City of Clearwater Dear Mr. Warrington/Mr. Barley: In accordance with our conversations about the referenced proposed lease and terms and conditions thereof pertaining to additional rental that all tenants at Campus Walk pare required to pay, please be advised that for calendar year 1994 we are collecting from each tenant the amount of $2.52 per square foot for calendar year 1994 as an estimate of the costs for Common Area Maintenance Expense and Real Estate Taxes and Insurance pursuant to Article I of the attached lease. As noted in the Lease, this is an estimate of the actual CAM, Real estate Taxes, and Insurance and other charges referred to in the Lease. At the end of each calendar year, the actual costs and expenses to Landlord for that year for CAM, Real Estate Taxes, Insurance and other charges set forth in the lease will be determined, and any overage for the year will be assessed from each tenant at that time in accordance with the Lease. It must be emphasized that the $2.52 per square foot amopunt fe>r calendar year 1994 is subject to increase or decrease as the actual costs are determined at year end, and is not to be considered absolute. Addditionally, a new estimate will be imposed efective january 1, 1995 and at the beginning of each calendar year thereafter throughout the lease term. As set forth in the lease, the tenants will be responsible for payment of the same monthly during each calendar year subject to the same adjustment at year end as set forth in the Lease Agreement. Attached to this letter is a statement of our intentions with regard to the space adjacent to the Subject Premises. As set forth therein it is the intention of Landlord to negotiate in good faith with Clearwater Gas concerning a possible tenancy by Clearwater Gas of Unit #303. Because of the uncertainties of the current LICENSED REAL ESTATE BROKER' PROPERTY MANAGEMENT 28100 US. 19 NORTH' CLEARWATER, FLORIDA 34621 TELEPHONE: (813) 726-0775 . FAX: (813) 726-1171 .. -.i ... .: 1 ..;,.... :' I ;1 $. ( OJ " I I Landlord is ~ currently undergoing lease negotiations wi th Florida Associatss, and Nutri/System, Ltd., a Delaware Limited Partnership, for a lease of Unit No. 303 at Campus Walk. Until such negotiations are completed, Landlord will not know the availability of Unit No. 303 in order to facilitate agreeing to now and preparing a'right of first refusal agreement for Clearwater Gas to lease this space at the termination of any lease that may now exist or may be entered into hereafter with Nutri/System. Accordingly, it is the intention of Landlord to negotiate in good faith and offer to Clearwater Gas a right of first refusal to lease Unit No. 303 at Campus Walk when Unit No. 303 becomes available at the expiration date or any tertnination of the lease prior thereto and any lease that may be entered into hereafter with Nutri/System. It is the intention of Landlord to make available Unit No. 303 to CleaIWater Gas' at such time upon terms and ,conditions similar to those set forth in the lease between Clearwater Gas and Landlord that is currently being negotiatad. The rent tor any lease that would be entered into between Clearwater Gas and Landlord for Unit No. 303 would be the base rental amount plus additional rental amounts, plus applicable sales tax at the expiration date or termination date of the lease with Nutri/System, whichever occurs earlier, increased by the increase in the Consumer Price Index durinq the ~ediately proceeding 12- month period prior to the expiration. date or termination date of the Nutri/System lease. The computation of said increase would be s~ilar to that set forth in Rider 2 to the current lease being negotiated with Clearwater Gas. . '. "'. ''\.. .. . " I page 2 M~. warrington/Mr. Barley I negotiations and present lease or future lease with regard to Nutrilsystem, at this stage a promise of good faith negotiations must suffice. I trust this will suffice for completion of the considerations necessary to execute the lease. If you have any questions, please call me. Thanks. ry tr~~ Maxon ESM/mk cc: C. Barrett R. Alpaugh .. ~ GENE MAXON ASSOCIATES. INC. LICENSED REAL ESTATE BROKER CLEARWATER. FLORIDA P.l <oil , I (.. .. Date CAMPUS WALl: ADDKlIDIDI TO OPTION TO RIBEW In order to clarify and not to &mend rider 2, Option to Renew, to the attached lease, it is agreed and understood that in the I event that the tenant does not, for any reason, exercise its option / to rellew fOL flvtI (5) yeArs conunencing October 1, 1999, that the option to renew for five (5) years commencing October 1, 2004, is immediately upon failure to exercise the first option, void and of no further force nor effect. ~~ ./ :z . f.andlor;c 1<.. A- n...f Y1~~-Y It0~ Tenant