Corp. and Westy Storage Centers [landscaping maintenance].
Service Agreement dated June 18, 2012, by and between Optimum Lightpath and
Arredondo & Co LLC / DBA Westy Storage Ctr.
Service Agreement dated May 8, 2008, by and between Eagle Sanitation, Inc. and
Westy Storage Centers.
Farmingdale, NY
SECOND AMENDMENT OF LEASE
THIS SECOND AMENDMENT OF LEASE (the "Amendment") is made as of the 27th day of
September, 2013, by and between
THE 2000 TRUST FOR THE GRANDCHILDREN OF CARLOS A. ARREDONDO AND MARI V.
ARREDONDO, CARLOS A. ARREDONDO, TRUSTEE, TRUST FOR THE BENEFIT OF THE CHILDREN
OF FABIOLA RAQUEL ARREDONDO, TRUST FOR THE BENEFIT OF THE CHILDREN OF ELENA
ISABEL ARREDONDO, TRUST FOR THE BENEFIT OF THE CHILDREN OF MARISA VARA
ARREDONDO, ELENA I. ARREDONDO, FABIOLA R. ARREDONDO, MARISA V. ARREDONDO, TRUST
"B" FOR THE GRANDCHILDREN OF FABIOLA R. ARREDONDO, TRUST "C" FOR THE
GRANDCHILDREN OF ELENA I. ARREDONDO AND TRUST "D" FOR THE GRANDCHILDREN OF
MARISA V. ARREDONDO
c/o ARREDONDO HOLDINGS, 35 Field Point Circle, Greenwich, Connecticut 06830
(hereinafter referred to collectively as "Lessor")
and
SOVRAN ACQUISITION LIMITED PARTNERSHIP, a Delaware limited partnership
6467 Main Street, Buffalo, New York 14221
(hereinafter referred to as "Lessee")
W I T N E S S E T H:
WHEREAS, Lessor and Lessee, entered into that certain Lease dated as of
August 7, 2013 (the "Original Lease"), as amended by that certain First
Amendment of Lease dated as of September 13, 2013 (the "First Amendment", and
together with the Original Lease, the "Lease") for the premises known as One
Executive Boulevard, Farmingdale, New York 11735 (the "Premises") as more
particularly described in the Lease;
WHEREAS, the parties desire to modify the terms of the Lease as hereinafter
described. Capitalized terms used and not defined herein shall have the meanings
ascribed to them in the Original Lease.
NOW, THEREFORE, for good and valuable consideration, receipt and legal
sufficiency of which are hereby acknowledged, the parties agree as follows:
1. Notwithstanding anything to the contrary set forth in Section 5.4 (iii)(y)
and 5.6 of the Original Lease, Lessor and Lessee hereby agree that Lessor and/or
Lessee will execute any customary and reasonable IDA Documents provided that
such IDA Documents will not (a) transfer Lessor's fee title to the IDA or
(b) encumber Lessor's title to the Premises in such a way that would negatively
affect the marketability of title to the Premises other than a sublease and
sub-sublease arrangements with the IDA; such sublease and sub-sublease to be
automatically subordinate to the Lease and to provide for automatic termination
of such sublease and sub-sublease in the event of termination of the Lease.
2. Section (h) of paragraph 5.5 of the Lease is hereby revised in its entirety
to read as follows: "(h) following an update of the status of title through the
Commencement Date, Lessee having obtained a leasehold title insurance policy,
and the IDA having obtained a leasehold title insurance policy, such policy
being effective and paid for by Lessee as of the