California-Newark-2 Dumbarton Business Center Lease [Amendment No. 1] - Windy Pacific Partners and Pacific Mailing Corp.
FIRST AMENDMENT TO LEASE
BETWEEN WINDY PACIFIC PARTNERS
AND PACIFIC MAILING CORPORATION
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THIS FIRST AMENDMENT TO LEASE (the "Amendment") is made and entered
into as of May 28, 1996 by and between WINDY PACIFIC PARTNERS ("Lessor") and
PACIFIC MAILING CORPORATION ("Lessee").
RECITALS
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A. Lessor and Lessee are parties to that certain lease (the "Lease")
dated June 30, 1995 for the building on the real property commonly known as
Lot #2, Dumbarton Business Center, Newark, California.
B. Lessor and Lessee desire to amend the terms of the Lease as below set
forth.
AGREEMENT
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NOW, THEREFORE, Lessor and Lessee agree as follows:
1. Term. Paragraph 49 of the Lease is hereby amended and restated in its
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entirety to read as follows:
49. Term. The term of this Lease shall commence May 28, 1996 (the
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"Commencement Date") and end May 27, 2011 (the "Expiration Date").
2. Initial Base Rent. Paragraph 50.1 of the Lease is hereby amended and
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restated in its entirety to read as follows:
50.1 Initial Base Rent. Monthly Base Rent shall be an amount equal
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to Thirty One Thousand Thirty Nine Dollars ($31,039). Base Rent shall
be payable on the first day of each month commencing on the
Commencement Date.
3. Base Rent Paid Upon Execution; Security Deposit. Paragraph 51 of the
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Lease is hereby amended and restated in its entirety to read as follows:
51. Concurrently with the signing of this Lease, Lessee is paying the
sum of $70,739, $35,044 of which is payment of the Base Rent from
May 28, 1996 through June 30, 1996 and $35,695 of which is a security
deposit to be held in accordance with paragraph 5.
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4. Square Footage. The Building contains approximately 73,564 square
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feet; provided, however, that there shall be no adjustment in the Base Rent or
the other amounts payable by Lessee under this Lease in the event that the
actual square footage is other than 73,564.
5. Damage or Destruction. Paragraph 9.6(b) of the Lease is hereby
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amended as follows: The phrase "after said 90 day period but" is hereby added
before the word "prior" on line 2 of said paragraph.
6. Condemnation. Paragraph 14 of the Lease is hereby amended as follows:
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The phrase "of the land area not occupied by any building" commencing on line 1
of page 8 of the Lease is hereby replaced with the phrase "of that portion of
the premises designated for Lessee's parking".
7. Miscellaneous. Except as amended herein, the Lease shall remain in
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full force and effect. Defined terms in the Lease shall have the same meaning
in this Amendment unless otherwise defined herein. This Amendment constitutes
the entire agreement between the parties with respect to the subject matter
hereof.
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment
to Lease as of the date first set forth above.
LESSOR:
WINDY PACIFIC PARTNERS,
a general partnership
By: WINDY HILL INVESTMENT COMPANY,
Its: Managing Parter
By: /s/ William J. Hurwick
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William J. Hurwick
By: CALIFORNIA PACIFIC COMMERCIAL CORPORATION,
a California corporation
By: /s/ Dan McGanney, III
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Daniel J. McGanney, III
LESSEE:
PACIFIC MAILING CORPORATION,
a California corporation
By: /s/ Michael Tuite
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Its: President
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