Exhibit 10.8
SECOND AMENDMENT TO LEASE
THIS SECOND AMENDMENT TO LEASE (this "Agreement") is entered into as of
this 22nd day of November, 2002 (the "Effective Date") by and between STATIONERS
JOINT VENTURE, a California general partnership ("Landlord"), and UNITED
STATIONERS SUPPLY CO., an Illinois corporation ("Tenant").
RECITALS
WHEREAS, Tenant and Stationers Antelope Joint Venture, a California general
partnership and Xxxxxxx X. Xxxxxxxxx, individually and successor-in-interest to
AVP Trust and Xxxx X. Xxxxxxxxx ("Predecessor Landlord") entered into that
certain Lease dated January 12, 1993 ("Lease"), as subsequently modified by the
parties, whereby Predecessor Landlord leased to Tenant and Tenant leased from
Landlord those certain premises situated located at 0000 Xxxxxxxxxx Xxx in
Sacramento, California, more particularly described in Exhibit "A" attached
hereto and incorporated herein by reference ("Premises") consisting of
approximately 267,284 square feet of net rentable area as described in this
Second Amendment to Lease. Landlord is the successor in interest to Predecessor
Landlord.
WHEREAS, Landlord and Tenant now wish to make certain amendments to said
lease.
NOW THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which hereby are acknowledged, Landlord and Tenant hereby agree
to amend certain terms and conditions of the Lease as hereinafter provided.
1. TERM: This will confirm that the initial Lease Term as described in
Section 3.2 of the Lease is scheduled for expiration on July 31, 2008.
The lease term shall be increased by five years and six months. The
new lease expiration date shall now be January 31,2014
2. RENT: From and after October 1,2002, the base Monthly rent shall be
$0.37 per square foot for a base Monthly Rent totaling $98,895.08
beginning on October 1, 2002, plus additional rent as set forth in the
Lease. The Base Monthly Rent shall be adjusted every 30 month period
as set forth in Section 4.1(b) of the Lease from the Commencement Date
based on 95% of the increases in an average Consumer Price Index for
(1) all Urban Consumers, All Items (San Francisco-Oakland-San Xxxx
Metropolitan Area), and (2) the National United States City average,
1982-81=100, as published by the United States Department of Labor,
Bureau of Labor Statistics, as more particularly set forth in said
section.
3. TENANT IMPROVEMENTS: Landlord shall complete the following Tenant
Improvements to the existing building on the Premises within one
hundred fifty (150) days from the mutual execution of this Second
Amendment to Lease agreement and the selection of finishes by Tenant:
a. Roof repairs per the October 17, 2002 proposal attached hereto as
Exhibit "B" and incorporated herein by reference.
b. Renovate five (5) restrooms per agreement of the parties hereto
as follows: remove and replace all ceramic tile, partitions,
plumbing fixtures, casework, and repaint.
c. Renovate five (5) restrooms using FRP and vinyl in the truckers'
area.
d. Remove and replace carpet in the interior offices.
f. Replace ceiling tiles and insulation in interior offices
g. Remove and replace VCT in break room.
4. LEASE COMMISSION: Landlord shall pay Xxxxx & Xxxxx a lease commission
per a separate agreement. Landlord and Tenant each warrant that they
have dealt with no other real estate broker(s) in connection with this
transaction except Xxxxx & Xxxxx who represents Tenant.
5. NOTICES: . From and after the date hereof, all notices to the Landlord
under the Lease shall be delivered to:
LANDLORD:
STATIONERS JOINT VENTURE
Attn: Xxxx X. Xxxxxxxxx
0000 Xxxxxxx Xxxx
Xxxxxxxxxx, XX 00000
6. RATIFICATION: Defined terms used in this Agreement and not otherwise
defined shall have the same definitions as set forth in the Lease. The
provisions of this Agreement shall prevail over any inconsistent or
conflicting provisions of the Lease. Except to the extent hereby
modified, the Lease shall remain in full force and effect.
ACCEPTED AND AGREED TO BY:
TENANT:
UNITED STATIONERS SUPPLY CO., DATED: 11/22, 2002
an Illinois corporation
By: /s/ Xxxx Xxxxx
-----------------------------------
Name: Xxxx Xxxxx
Title: VP, Engineering
LANDLORD:
STATIONERS JOINT VENTURE, DATED: 12/02, 2002
A California general partnership
By: /s/ Xxxx X. Xxxxxxxxx
-----------------------------------
Xxxx X. Xxxxxxxxx, Managing Partner
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