SUPPLEMENT NO. 2 TO CONSTRUCTION AGENCY AGREEMENT
(NEWPORT NEWS PROPERTY)
THIS SUPPLEMENT NO. 2 TO CONSTRUCTION AGENCY AGREEMENT, dated as of June 6, 2001 (this "Supplement"), is entered into by and between THE SYMANTEC 2001 TRUST, a Delaware business trust (the "Lessor"), and SYMANTEC CORPORATION, a Delaware corporation (the "Construction Agent"). Capitalized terms used but not otherwise defined herein shall have the meanings set forth in the Construction Agency Agreement (as defined below).
PRELIMINARY STATEMENT
The Lessor and Symantec Corporation (the "Lessee") are parties to a Master Lease, dated as of March 30, 2001, pursuant to which the Lessee has agreed to lease the property described on SCHEDULE 1 from the Lessor (the "Property").
The Lessor and the Lessee are also parties to a Construction Agency Agreement, dated as of March 30, 2001 (as amended, supplemented or otherwise modified from time to time, the "Construction Agency Agreement"), pursuant to which the Lessor has appointed the Lessee as its sole and exclusive agent in connection with the identification and acquisition of the Property and the development and construction of the Improvements in accordance with the Plans and Specifications.
The Lessor and the Construction Agent desire that the terms of the Construction Agency Agreement apply to the Newport News Property and wish to execute this Supplement to provide therefor.
NOW, THEREFORE, in consideration of the foregoing, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto covenant and agree as follows:
(a) The Lessor and the Construction Agent each acknowledges
and agrees that the construction of the Improvements and
the development of the Newport News Property shall be
governed by the terms of the Construction Agency
Agreement.
(b) Attached as SCHEDULE 2 is a true, correct and complete
copy of the Plans and Specifications for the Newport News
Property, as in effect on the date hereof.
(c) Attached as SCHEDULE 3 is a true, correct and complete
copy of the Estimated Project Costs for the Newport News
Property, as in effect on the date hereof.
(d) Attached as SCHEDULE 4 are the deductibles for the
insurance policies described in Section 6.1(a) of the
Construction Agency Agreement and the premium and the
deductibles for the insurance policies described in
Section 6.1(b) of the Construction Agency Agreement.
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(e) The Construction Agent acknowledges and agrees that, as
between itself and the Lessor, the Construction Agent
shall be solely responsible for reporting to all
applicable Governmental Authorities, to the extent
required by any Environmental Law, the existence of any
and all environmental contaminants existing on, in or
under the Property as of the date hereof or on any date in
the future, which environmental contaminants shall include
the ground water contaminants described in the
Environmental Audit.
(f) The Commitment Termination Date with respect to the
Property is October 4, 2002.
(g) This Supplement, upon its execution and delivery, shall
constitute a part of the Construction Agency Agreement.
(h) Each of the Lessor and the Construction Agent hereby
reaffirms its obligations under each of the other
Operative Agreements to which each is a party.
(i) This Supplement shall be effective as of May 1, 2001, for
purposes of entering into the Construction Contract for
the Newport News Property, dated as of May 23, 2001, by
and between the Construction Agent and Clancy & Theys
Construction Company.
[The signature page follows.]
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IN WITNESS WHEREOF, the parties hereto have caused this Supplement to be duly executed and delivered by their proper and duly authorized officers as of the day and year first above written.
SYMANTEC CORPORATION
By:___________________________________________________
Name:_________________________________________________
Title:________________________________________________
THE SYMANTEC 2001 TRUST
By: Wilmington Trust FSB, a federal savings bank,
not in its individual capacity but solely as trustee
By:___________________________________________________
Name:_________________________________________________
Title:________________________________________________
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SCHEDULE 1 TO CONSTRUCTION AGENCY AGREEMENT SUPPLEMENT NO. 2
DESCRIPTION OF NEWPORT NEWS PROPERTY
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SCHEDULE 2 TO CONSTRUCTION AGENCY AGREEMENT SUPPLEMENT NO. 2
PLANS AND SPECIFICATIONS
The Plans and Specifications are represented by the documents listed on the attached Table of Contents, dated May 22, 2001, and Index of Drawings, dated June 1, 2001, both prepared by CMSS Architects, PC.
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SYMANTEC OFFICE BUILDING
JEFFERSON CENTER FOR ADVANCED TECHNOLOGY
NEWPORT NEWS, VIRGINIA
I. CMSS Project No. 01-021
________________________________________________________________________
A. TABLE OF CONTENTS MAY 22, 2001
DIVISION 00 CONTRACT DOCUMENTS
00700.......................................................General Conditions of the Contract 00800.........................................................Supplementary General Conditions
DIVISION 01 GENERAL REQUIREMENTS
01010..........................................................................Summary of Work 01025..........................................Payment, Modification and Completion Procedures 01070............................................................................Abbreviations 01200....................................................Progress Documentation and Procedures 01300...............................................................................Submittals 01400...............................................................Quality Control Procedures 01410..............................................................Special Inspection Services 01500........................................................Temporary Facilities and Services 01710.................................................................................Cleaning
DIVISION ...
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