Sample Business Contracts

California-Newark-3 Dumbarton Business Center Lease [Amendment No. 2] - Windy Pacific Partners and Pacific Mailing Corp.

Free Customizable Lease Forms

  • Commercial Lease. Start a state-specific lease for the rental of commercial property. Specify the term and rent due, as well as whether the landlord or tenant is responsible for property taxes, insurance, and maintenance and repairs.
  • Commercial Sublease. When a tenant vacates commercial property before the lease term has expired, it may be able to rent the premises to a third party. The tenant would be the sublessor and the third party would be the sublessee. Besides preparing a sublease, both parties will want to review the provisions for assignment or subletting in the original lease agreement between the landlord and the sublessor.
  • Sublease Agreement. Tenants of residential property should prepare a sublease agreement if they are seeking to sublease a room or the entire apartment or house to a third party. All parties should review the original lease agreement to see if there are any restrictions on subletting or assigning the premises.
  • Triple Net Lease. Triple net leases are a type of commercial leases where the tenant has to pay for property taxes, insurance, utilities, and maintenance, in addition to the monthly rent.
  • Office Space Lease. When renting an office space, tenants should understand the amount of the rent and duration of the lease. Other important terms include whether the space can be subleased, which parties are responsible for maintenance, and whether any furniture and furnishings will be provided.

Sponsored Links

                           SECOND AMENDMENT TO LEASE
                        BETWEEN WINDY PACIFIC PARTNERS

     THIS SECOND AMENDMENT TO LEASE (the "Amendment") is made and entered into
as of May 28, 1996 by and between WINDY PACIFIC PARTNERS ("Lessor") and PACIFIC


     A.  Lessor and Lessee are parties to that certain lease dated July 30,
1995, for a portion of the building on the real property commonly known as Lot
#3, Dumbarton Business Center, Newark, California as amended by that certain
First Amendment to Lease dated December 22, 1995 (collectively, the "Lease").

     B.  Lessor and Lessee desire to amend the terms of the Lease as below set


         NOW, THEREFORE, Lessor and Lessee agree as follows:

         1.  Term.  Paragraph 50 of the Lease is hereby amended and restated
in its entirety to read as follows:

             50.  Term.  The term of this Lease shall commence May 28, 1996
                  (the "Commencement Date") and end May 27, 2011 (the
                  "Expiration Date").

         2.  Initial Base Rent.  Paragraph 51.1 of the Lease is hereby amended
and restated in its entirety to read as follows:

             51.1  Initial Base Rent.  Monthly Base Rent shall be an amount
             equal to Fifteen Thousand Eight Hundred Fifty Seven Dollars
             ($15,857).  Base Rent shall be payable on the first day of each
             month commencing on the Commencement Date.  During the Additional
             Premises Lease Term, Lessee shall also pay additional Base Rent
             as provided in paragraph 62.


         3.  Base Rent Paid Upon Execution; Security Deposit.  Paragraph 52 of
the Lease is hereby amended and restated in its entirety to read as follows:

             52.  Concurrently with the signing of this Lease, Lessee is
             paying the sum of $37,988, $19,752 of which is payment of the
             Base Rent from May 28, 1996 through June 30, 1996 and $18,236 of
             which is a security deposit to be held in accordance with
             paragraph 5.

The parties acknowledge that Lessee overpaid by $5,874, which amount Lessor
shall promptly refund to Lessee.

         4.  Square Footage.  The Building contains approximately 76,956
square feet and the Additional Premises (as defined in paragraph 62) contain
approximately 38,478 square 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 as set forth

         5.  Damage or Destruction.  Paragraph 9.6(b) of the Lease is hereby
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.  Subordination; Attornment; Non-Disturbance.  Paragraph 30.1 of
the Lease is hereby amended to add the following phrase at the end of the second
sentence thereof: "and allow Lender thirty (30) days following receipt of such
notice for the cure of such default before invoking any remedies Lessee may have
by reason thereof."

         7.  Additional Premises.  Paragraph 62.2 of the Lease is hereby
amended and restated in its entirety to read as follows:

             62.2  Additional Premises Lease Term.  The Additional Premises
             Lease Term shall commence May 28, 1996 and end May 27, 2001.  For
             the duration of the Additional Premises Lease Term, Lessee's
             Share of Common Area Operating Expenses set forth in paragraph
             1.6(b) shall be 100%.

         8.  Miscellaneous.  Except as amended herein, the Lease shall remain
in 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 Second
Amendment to Lease as of the date first set forth above.


                              WINDY PACIFIC PARTNERS,
                              a general Partnership

                              By:  WINDY HILL INVESTMENT COMPANY,
                                   Its:  Managing Partner

                                   By:  /s/ William J. Hurwick
                                        William J. Hurwick

                                   By:  CALIFORNIA PACIFIC COMMERCIAL
                                        a California corporation

                                        By:  /s/Dan McGanney, III
                                             Daniel J. McGanney, III


                              PACIFIC MAILING CORPORATION,
                              a California corporation

                              By:  /s/Michael Tuite
                                   Its: President