EXHIBIT 10.23.1


 


FIRST AMENDMENT TO LEASE


 


This FIRST AMENDMENT TO LEASE (this “Agreement”) is made as of the 6th
day of January, 1999, by and between 200 SOUTH VIRGINIA INVESTMENTS, LLC
(“Landlord”) and ADVANCED TELECOM GROUP, INC. (“Tenant”).


 


Recitals.


 


A.                                   Tenant
occupies certain premises in the building at 200 South Virginia Street, Reno,
Nevada, under a Lease Agreement, dated July 31, 1999, between Landlord and
Tenant (the “Lease”).  Terms with initial
capitals used in this Agreement, unless otherwise defined herein, shall have
the meanings given them in the Lease.


 


B.                                     In
accordance with Section 1.2.2 of the Lease, Landlord offered to Tenant
1,527 square feet of space on the second floor of the Building, adjacent to the
Premises, for Tenant expansion (the “Additional Space”).


 


C.                                     Tenant
desires to lease the Additional Space and to make certain improvements to the
Additional Space, and Landlord is willing to permit such expansion and to pay
to Tenant an allowance for the improvements to the Additional Space, in each
case, on the terms and subject to the conditions set forth in this Agreement.


 


Agreement.


 


NOW THEREFORE, in consideration of the premises and of the mutual
covenants set forth herein, the parties agree:


 


1.                                       Premises.  Effective January 15, 2000, the terms “Premises”
or “Leased Premises” in the Lease shall be defined as (i) 5,633 rentable square
feet of space located on the first floor of the Building, and (ii) 6,100
rentable square feet of space located on the second floor of the Building, in each
case as depicted in the floor plans attached as Exhibit A to this Agreement.


 


2.                                       Base Rent.  Effective January 1, 2000, the Base
Rent, calculated at the rate of $19.20 per square foot annually and specified
in the summary of Basic Lease Terms in the Lease, shall be increased to
$18,772.80 per month ($225,273.00 annually).


 


3.                                       Additional Space Improvements.  As contemplated at Section 7.1 of the
Lease, but subject to the provisions of this Section 3, Landlord hereby
consents to the Tenant Improvements described in Exhibit B to this Agreement
(the “Additional Space Improvements”).  Landlord
shall afford Tenant an allowance for the Additional Space Improvements in the
amount of $7,700.00, as more particularly provided in Section 3.1 below
(the “ASI Allowance”).  Tenant shall
prepare and deliver to Landlord, for its review and approval, construction
drawings and specifications for the Additional Space Improvements (in the form
approved by Landlord pursuant to this Section 3, the “Approved AS Plans”).  Landlord shall not unreasonably withhold or
delay its approval thereof, provided that the same conform to the description of
the Additional


 


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Space Improvements set forth in Exhibit C, and meet the criteria specified
at clauses (a), (c) and (d), of Section 7.3 of the Lease.


 


3.1                                 Landlord’s Obligation and TI
Allowance.  Upon completion of the Additional Space
Improvements in conformance with the Approved Plans, issuance of a certificate
of occupancy for the Additional Space, and Tenant’s delivery of its
certification to Landlord that the Additional Space Improvements have been
completed in accordance with the Approved Plans, but subject to receiving
appropriate lien waivers as condition thereto, Landlord shall pay the ASI
Allowance directly to Tenant.


 


4.                                       Ratification.  Except as amended hereby, the Lease is
ratified and confirmed in all respects.


 


IN WITNESS WHEREOF, the parties have executed this Agreement on the
Effective Date.


 


 


	
   

  	
  200 SOUTH
  VIRGINIA INVESTMENTS, LLC,

  
	
   

  	
  an Oregon
  limited liability company

  
	
   

  	
   

  
	
   

  	
  By:

  	
  SCANLANKEMPERBARD
  COMPANIES,

  an Oregon corporation, its Operating

  Manager

  
	
   

  	
   

  	
   

  
	
   

  	
  By: 

  	
                     /s/
  Jeffrey J. Tarlman

  	
   

  
	
   

  	
  Title: 

  	
                   VP

  	
   

  
	
   

  	
   

  	
   

  
	
   

  	
   

  	
  “Landlord”

  
	
   

  	
   

  
	
   

  	
   

  
	
   

  	
  ADVANCED
  TELECOM GROUP, INC.,

  
	
   

  	
  a Delaware
  corporation

  
	
   

  	
   

  
	
   

  	
   

  
	
   

  	
  By:

  	
                    /s/
  Robert T. Warstler

  	
   

  
	
   

  	
  Title:

  	
                 President

  	
   

  
	
   

  	
   

  
	
   

  	
   

  	
  “Tenant”

  
										



 


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EXHIBIT A


 


Premises
Description and Plan


 





















 





 





















 


EXHIBIT B


 


Additional Space
Improvements