{"id":41675,"date":"2015-09-17T11:25:58","date_gmt":"2015-09-17T16:25:58","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-legal\/contracts\/uncategorized\/25-orinda-way-orinda-ca-lease-sleepy-hollow-investment-co-2.html"},"modified":"2015-09-17T11:25:58","modified_gmt":"2015-09-17T16:25:58","slug":"25-orinda-way-orinda-ca-lease-sleepy-hollow-investment-co-2","status":"publish","type":"corporate_contracts","link":"https:\/\/corporate.findlaw.com\/contracts\/land\/25-orinda-way-orinda-ca-lease-sleepy-hollow-investment-co-2.html","title":{"rendered":"25 Orinda Way (Orinda, CA) Lease &#8211; Sleepy Hollow Investment Co. 1 and Intraware Inc."},"content":{"rendered":"<pre>                           SECOND AMENDMENT TO THE LEASE\n                                        FOR\n                                  INTRAWARE, INC.\n\n\nTHIS SECOND AMENDMENT TO THE LEASE (the 'Second Amendment') is made and entered\ninto as of this 31st day of March, 1998, by and between Sleepy Hollow Investment\nCompany 1, a general partnership ('Landlord') and Intraware, Inc., a Delaware\ncorporation ('Tenant').\n\nWHEREAS, pursuant to that certain office Lease dated August 23, 1996 and First\nAmendment to the Lease dated May 5, 1997 (hereinafter referred to as 'the\nLease'), Landlord leased to Tenant and Tenant leased from Landlord the premises\nlocated at 25 Orinda Way, Suite 101 and Suite 310 in the City of Orinda, County\nof Contra Costa, State of California, all as more particularly described in the\nLease (the 'Premises'); and\n\nWHEREAS, Landlord and Tenant desire to amend the Lease to modify the rent,\nincorporate additional leased premises, and extend the Lease term.\n\nNOW, THEREFORE, for a valuable consideration the receipt and sufficiency of\nwhich is hereby acknowledged, Landlord and Tenant agree to further amend the\nLease as follows:\n\n     1.   Premises:                The Premises shall be increased by\n                                   approximately 10,256 rentable square feet\n                                   from approximately 8,406 rentable square feet\n                                   (Suites 101 and  310) to approximately 18,662\n                                   rentable square feet (Suites 101, 200, 210,\n                                   301, 308, 310, and 320).\n\n     2.   Term\/Commencement:       The Lease term is hereby extended through\n                                   April 30, 2001.  The term of this Second\n                                   Amendment shall commence as follows:\n\n                                   a)   Rent shall commence April 1, 1998 on\n                                   first floor and third floor Premises\n                                   consisting of suites 101, 301, 308, 310 and\n                                   320 totaling approximately 12,726 rentable\n                                   square feet.\n\n                                   b)   Rent shall commence May 1, 1998 on\n                                   entire Premises consisting of Suites 101,\n                                   200, 210, 301, 308, 310 and 320 totaling\n                                   approximately 18,662 rentable square feet.\n\n     3.   Base Rent:               The base monthly rent is adjusted as follows:\n\n\n\n                                   Month                              Base Rent\n                                   -----                              ---------\n                                                                   \n                                   April, 1998                        $26,724.60 per month\n                                   May 1, 1998 - March 31, 1999        39,190.20 per month\n                                   April 1, 1999 - March 31, 2000      41,056.40 per month\n                                   April 1, 2000 - April 30, 2001      43,855.70 per month\n\n\n     4.   Operating Expenses:      Approximately 12,196 rentable square feet of\n                                   Tenant's premises (Suites 200, 210, 301, 308,\n                                   310 and 320) shall be full service and shall\n                                   have a 1998 base year for operating expenses;\n                                   adjusted for a full twelve (12) months of\n                                   occupancy.\n\n     5.   Tenant Improvements:     Landlord shall, at Landlord's sole cost and\n                                   expense, provide building standard\n                                   improvements pursuant to the attached Exhibit\n                                   A.  Tenant shall pay for mutually agreed upon\n                                   upgrades including design fees.  The\n                                   upgrades, at this time, include flooring,\n                                   doors and hardware for Suite 210 and the main\n                                   entry door for Suite 101 only.  The upgrade\n                                   costs shall not exceed seven thousand five\n                                   hundred dollars ($7,500.00).\n\n     6.   Parking:                 Pursuant to the attached parking plan,\n                                   Tenant's designated parking shall be\n                                   increased by 34 stalls from 28 to a total of\n                                   62 spaces.\n\n     7.   Option to Renew:         Paragraph 25 of the Lease shall be changed to\n                                   the following:\n                                   If Tenant is not then and has not been in\n                                   default of any of the terms and conditions of\n                                   the lease, including timely payment of rent,\n                                   Tenant shall have one (1) two (2) year option\n                                   to renew this lease at a base rent of forty\n                                   five thousand seven hundred twenty one\n                                   dollars and 90\/100 ($45,721.90) per month for\n                                   year one (1) and forty seven thousand five\n                                   hundred eighty eight dollars and 10\/100\n                                   ($47,588.10) per month for year two (2).\n                                   Tenant shall provide written notification to\n                                   Lessor at least 150 days prior to the\n\n\n\n                                   lease expiration.  If Tenant does not provide\n                                   timely written notice, or has had more than\n                                   two (2) late rental payments in any twelve\n                                   month period, this option is void.\n\n\n     8.   Utilities:               Paragraph 5 of the Lease is hereby modified\n                                   relative to Suites 200, 210, 301, 308, 310\n                                   and 320 to include gas, heat, light,\n                                   electricity and air conditioning during\n                                   reasonable business hours which are hereby\n                                   defined as 6:00 a.m. to 6:00 p.m., Monday\n                                   through Friday.  Pursuant to discussions with\n                                   Tenant and Tenants workstation vendor, Lessor\n                                   has provided only standard electrical\n                                   circuits (2 circuits per whip\/J-box location\n                                   for workstations - no isolated or dedicated\n                                   isolated grounds have been provided).  All\n                                   other electrical in the suites is 'as-is',\n                                   except a dedicated outlet has been provided\n                                   on the 3rd floor for a copier.  If Lessee's\n                                   power demands or requirements exceed that\n                                   provided initially, Lessee shall be\n                                   responsible for the cost to modify the\n                                   electrical to meet its needs and correct any\n                                   problems resulting from same, including base\n                                   building electrical modifications if\n                                   required.\n\n     9.   Expansion\/Termination:   Paragraphs 25, 26, and 27 of the Lease are\n                                   hereby void and of no further force and\n                                   effect.\n\n\nExcept as set forth in this Second Amendment to the Lease, the Lease shall\nremain unmodified and in full force and effect and is incorporated herein by\nreference.  In the event of any conflict between the terms of the Lease and the\nterms of this Second Amendment to the Lease, the terms of this Second Amendment\nto the Lease shall control.\n\nThis Second Amendment to the Lease shall be binding upon and shall inure to the\nbenefit of Landlord and Tenant and their respective successors, assignees and\nrepresentatives.\n\nLANDLORD:                                    TENANT:\n\nSLEEPY HOLLOW INVESTMENT CO. I,              INTRAWARE, INC.,\na general partnership                        a Delaware Corporation\n\n\nBy: \/s\/ Adam T. Henderson                    By: \/s\/ Donald M. Freed\n   ---------------------------------            -----------------------------\n     Adam T. Henderson                            Donald M. Freed\n\nIts: President                               Its: Chief Financial Officer\n    --------------------------------             ----------------------------\n\nDate: 5\/19\/98                                Date: 5\/19\/98\n     -------------------------------              ---------------------------\n\n\n<\/pre>\n","protected":false},"template":"","meta":{"_acf_changed":false,"_stopmodifiedupdate":true,"_modified_date":"","_cloudinary_featured_overwrite":false},"corporate_contracts_companies":[7907],"corporate_contracts_industries":[],"corporate_contracts_types":[9583,9579],"class_list":["post-41675","corporate_contracts","type-corporate_contracts","status-publish","hentry","corporate_contracts_companies-intraware-inc","corporate_contracts_types-land__ca","corporate_contracts_types-land"],"acf":[],"_links":{"self":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts\/41675","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts"}],"about":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/types\/corporate_contracts"}],"wp:attachment":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/media?parent=41675"}],"wp:term":[{"taxonomy":"corporate_contracts_companies","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_companies?post=41675"},{"taxonomy":"corporate_contracts_industries","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_industries?post=41675"},{"taxonomy":"corporate_contracts_types","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_types?post=41675"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}