Exhibit 10-10 First Lease Amendment


    Exhibit
      10.10

       

      FIRST
        AMENDMENT TO LEASE AGREEMENT

       

    

    THIS
      FIRST AMENDMENT TO LEASE AGREEMENT (“Amendment”)
      is made
      this 14th
      day of
      June, 1999, between CRESCENT
      RESOURCES, INC.
      (“Landlord”) and
      OUTBACK
      STEAKHOUSE, INC.,
      a
      Florida corporation, (“Tenant”).

     

     

    RECITALS

     

    WHEREAS,
      Landlord and Tenant entered into that certain Lease
      Agreement
      (the
“Lease”) dated as of September 10, 1998, whereby Landlord leased to Tenant, and
      Tenant leased from Landlord, that certain space more particularly described
      in
      the Lease as the “Premises”, within that certain building known as Corporate
      Center One at International Plaza Office Building located at 2202 North
      Westshore, Tampa, Florida; and 

     

    WHEREAS,
      Landlord and Tenant desire to amend the Lease to confirm and modify certain
      provisions of the Lease as set forth in this Amendment. 

     

    NOW,
      THEREFORE, in consideration of the sum of Ten
      Dollars ($10.00)
      and
      other good and valuable consideration, the receipt and sufficiency of which
      are
      hereby acknowledged, Landlord and Tenant hereby agree that notwithstanding
      anything in the Lease to the contrary, Landlord and Tenant hereby agree as
      follows: 

     

         
      1.  Recitals.
      The
      Recitals contained hereinabove are true and correct and constitute matters
      agreed to herein. All capitalized terms used herein shall have the same meanings
      as ascribed thereto in the Lease. 

     

    2.  Premises
      Net Rentable Area.
      The
      Premises Net Rentable Area as provided for in the Lease Summary is hereby
      deleted and substituted with the following: 

     

    “93,198
      square feet of which 68,342 square feet is located on the fifth (5th) floor
      of
      the Building and 24,856
      square
      feet is located on the fourth (4th) floor of the Building, all as shown on
      Exhibit “A” attached hereto. The Premises Net Rentable Area on the fourth (4th)
      floor of the Building is referred to in this Amendment as the “Expansion
      Premises”.”

     

    3. Building
      Net Rentable Area.
      The
      Building Net Rentable Area, as provided for in the Lease Summary, is hereby
      deleted and substituted with the following: 

     

    “383,694
      square feet.”

     

    4. Commencement
      Date.
      The
      Commencement Date provided for in the Lease Summary is hereby amended to be
      October 1, 1999 and the Commencement Date for the Expansion Premises shall
      be
      November 19, 1999.

     

    
      
        
        

      

      
        
        

        
          

        

      

      
        
        

      

    

     

    5.  Lease
      Term.
      Section
      3.
      Lease
      Term to
      the
      Lease is hereby amended by deleting the first, second and third paragraphs
      provided for in such Section and substituting the following: 

     

     

    “This
      Lease shall continue in force during a period beginning on the Commencement
      Date
      and continuing until the expiration of the Lease Term, unless this Lease is
      sooner terminated or extended to a later date under any other term or provision
      herein. The Lease Term for the Expansion Premises shall be coterminous with
      the
      Lease Term for the Premises. Landlord shall be obligated to obtain a certificate
      of substantial completion for the shell of the Building on or before the
      Commencement Date. Landlord and Tenant hereby acknowledge that Tenant is
      currently leasing space at 550
      Reo
      Street, Tampa, Florida (the” Reo Street Lease”) and that the term of the Reo
      Street Lease expires on December 31, 1999. Landlord hereby agrees to pay the
      monthly hold-over rental in the amount of $10,400.00, plus sales tax, due under
      the Reo Street Lease on September 1, 1999 (the “Hold Over Rent”) and on October
      1, 1999, November 1, 1999 and December 1, 1999, Landlord shall pay to Tenant
      the
      total monthly rental and pass throughs due under the Reo Street Lease in the
      amount of $37,408.52 (which includes base monthly rental of $24,066.00) the
      Hold
      Over Rent and monthly pass throughs of $2,942.52), plus any applicable
      sales tax. In addition to the above, commencing November 19, 1999,
      Landlord
      agrees to pay to Tenant the monthly rental, or prorated portion thereof, in
      the
      amount of $11,580.49 due by Tenant under its lease for space located at
      405 Reo
      Street, Tampa, Florida from November 19, 1999 through January 31,
      2000.”

     

        6. Base
      Rental for the Expansion Premises.
      The
      Base Rental for the Expansion Premises shall be equal to the Base Rental for
      the
      original Premises, except that the Base Rental applicable to 12,500 square
      feet
      of Premises Net Rentable Area of the Expansion Premises from the Commencement
      Date for the Expansion Premises (November 19, 1999) through the sixth (6th)
      full
      calendar month of the Lease Term shall be abated by Landlord. The Base Rental
      for the Expansion Premises that exceeds 12,500 square feet of Premises Net
      Rentable Area shall be equal to the annual rate of $22,00 per square feet of
      Premises Net Rentable Area commencing on the Commencement Date for the Expansion
      Premises (November 19, 1999) and shall thereafter adjust in accordance with
      the
      terms of the Lease for the original Premises. 

     

        7. Parking.
      Paragraph
      15, Parking
      to the
      Lease is hereby modified to provide that Tenant shall be entitled to twenty-two
      (22) covered, reserved parking spaces rather than fifteen (15) covered, reserved
      parking spaces. 

     

    
      
        
        

      

      
        2

        
          

        

      

      
        
        

      

    

     

        8. Right
      of First Refusal.
      Tenant
      hereby acknowledges that the Landlord has designated the fourth (4th) floor
      of
      the Building as the Contiguous Multi-Tenant Floor that is referenced in
      Paragraph 1 to Exhibit F of the Lease. 

     

     

        9. Exhibit
      C. Construction of Improvements.
      Paragraphs 2 through 8 of Exhibit
      C
      to the
      Lease are hereby deleted and substituted with the following: 

     

    “2.
      Tenant has caused Heilmuth Obata & Kassabaum, Inc. (“HOK”) to prepare, and
      Landlord has approved, final approved design development drawings and
      construction drawings (excluding mechanical, electrical, and plumbing) for
      the
      Premises and the Expansion Premises being identified as Headquarters for Outback
      & Carrabba’s, Project No. 97-0638-32 issue date June 7, 1999 (all
      collectively the “Tenant Jmprovements Plans and Specifications”). Landlord shall
      be responsible for preparing the mechanical, electrical and plumbing drawings
      (the “MEP Drawings”). Landlord hereby agrees to use the Tenant Improvements
      Plans and Specifications to competitively bid the Tenant
      Improvements.”

     

        10. Interim
      Space Contribution.
      Pursuant to the provisions of Paragraph
      5. Interim
      Space Contribution.
      To
Exhibit
      F.
      Special
      Stipulations to the Lease upon the execution hereof Landlord has paid to Tenant
      the sum of to reimburse Tenant for relocation costs. Landlord shall have no
      further obligations to Tenant under this Paragraph 5.
      

     

        11. Exhibit
      F. Special Stipulations.
      Paragraph
      3. Expansion Option
      and
Paragraph
      5.
      Interim
      Space Contribution
      to
Exhibit
      F. Special Stipulations
      to the
      Lease are hereby deleted. 

     

        12. Moving
      Allowance.
      On or
      before thirty (30) days from the Commencement Date, Landlord hereby agrees
      to
      pay Tenant the sum of Twenty-Five Thousand and no/100 Dollars ($25,000.00)
      as a
      moving allowance. 

     

        13. Binding
      Effect.
      Except
      as herein specifically amended, all other terms and conditions of the Lease
      shall remain in full force and effect. 

     

        14. Execution
      of Amendment.
      This
      Ammendment may be executed in one (1) or more counterpart copies, each of which
      shall be deemed an original and all of which together shall constitute one
      (1)
      agreement. A facsimile copy of this Amendment and any signatures thereon shall
      be considered for all purposes as originals. 

     

    
      
        
        

      

      
        3

        
          

        

      

      
        
        

      

    


     

    IN
      WITNESS WHEREOF, the parties have caused this Amendment to be executed as of
      the
      date first above described. 

     

    
       

      
        
          
            
              
                
                  
                    	Witnesses:	LANDLORD:
	 	
                          	
                          	
                          	
                          
	 	CRESCENT
                            RESOURCES, INC.	 
	 	 	
                          	 
	 	
                             

                          	 	
                             

                          	 
	 	 /s/
                            Barbara M. Deakin	By:	
                             /s/ Joseph
                              W. Taggart    

                          	 
	Print Name:	
                            Barbara
                              M. Deakin

                          	Name(print):	Joseph
                            W. Taggart	
                          
	 	
                             

                          	Title(print):	Vice President - Florida Region 	 
	 	 	 	 	 
	 	 /s/
                            Jalena A. Peevy	 	 	 
	Print Name:	 Jalena A. Peevy	 	 	 
	 	 	 	 
	 	
                          	TENANT:	
                          
	 	
                             

                          	 	 	 
	 	
                            OUTBACK
                              STEAKHOUSE, INC,

                          	
                          
	 	 	 	 
	 	 	 	 	 
	
                          	 /s/
                            Lisa Johnston	By: 	
                             /s/
                              Robert Merritt

                          	 
	Print Name:	Lisa
                            Johnston	Name(print):	Robert
                            Merritt	
                          
	 	 	Title(print):	Chief Financial Officer 	 
	 	 	 	 	 
	 	 /s/
                            Jim Garvey	 	 	 
	Print Name:	Jim Garvey 	 	 	 


                  

                   

                

              

            

          

        

      

    

     

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