EXHIBIT 10.21
SECOND AMENDMENT TO LEASE
THIS SECOND AMENDMENT TO LEASE ("Amendment") is entered into this 23rd day
of March, 2001, by and between TMG/ONE MARKET, L.P., A Delaware limited
partnership ("Landlord") and DEL MONTE CORPORATION, a New York corporation
("Tenant"), in the following factual context.
RECITALS
This Amendment is based upon the following facts, understandings and
intentions of the parties.
A. Tenant and Landlord entered into that certain Lease dated as of October
7, 1999 as amended by that certain First Amendment to Lease dated April 30, 2000
(collectively, the "Lease") of certain premises located in the building commonly
known as The Landmark @ One Market, California, more particularly described in
the Lease.
B. Del Monte Foods Company, a New York corporation ("Guarantor") executed
that certain Lease Guaranty, dated as of October 7, 1999 (the "Guaranty")
guaranteeing the obligations of Tenant under the Lease.
C. Landlord and Tenant now desire to amend the Lease.
NOW, therefore, in consideration of the mutual covenants and promises set
forth in this Amendment and other valuable consideration, receipt of which is
hereby acknowledged, the parties do hereby agree as follows:
l . Definitions. Terms defined in the Lease shall have the same meanings
when used in this Amendment.
2. Premises. The term "Premises" set forth in the Basic Lease Information
of the Lease is hereby amended to delete from the Premises the portion of the
third floor of the Building outlined on Exhibit A attached to this Amendment.
Accordingly, the definition of the "Premises" set forth in the Basic Lease
Information of the Lease is hereby deleted in its entirety and the following is
hereby substituted in its place:
92,417 square feet of Rentable Area located on the 3rd, 9th, 10th and
11th Floor(s) of the Building (of which 8,119 square feet are located on
the 3rd floor, 36,310 square feet are located on the 9th Floor, 36,310
square feet are located on the 10th Floor, and 11,678 square feet are
located on the 11th Floor), as shown on the Floor Plan(s) attached to
this Lease as Exhibit A. The Premises shall also include the storage
area outlined on the Floor Plan(s) and 3,500 square feet located in the
basement of the Building (the "Storage Space"). The entire Building
contains 362,109 square feet of Rentable Area.
3. Percentage Share. The definition of "Tenant's Percentage Share" set
forth in the Basic Lease Information of the Lease is hereby amended to be
25.52%.
4. Rent. In consideration for this Amendment, the Base Rent payable by
Tenant as set forth in the Basis Lease Information shall be reduced in the
following amounts during the following periods: (i) during the period from the
Commencement Date until the fourth anniversary of the Commencement Date,
$398.80/month, (ii) during the period from the fourth anniversary of the
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Commencement Date until the eighth anniversary of the Commencement Date,
$416.92/month, and (iii) during the remainder of the Initial Term,
$435.05/month.
5. Amendment to Lease. This Amendment is and shall constitute an
amendment to the Lease and shall be effective as of the date of this Amendment.
Except as modified hereby, all of the terms and conditions of the Lease shall
remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment the
day and year first above written.
LANDLORD:
TMG/ONE MARKET, L.P.,
A Delaware limited partnership
By: Xxxxxx/One Market LLC,
A California limited liability company
Its General Partner
By: The Xxxxxx Group of Companies, Inc.,
A California corporation
Its Managing Member
By:
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Its: SVP
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TENANT:
DEL MONTE CORPORATION,
A New York corporation
By: /s/ XXXXXX X. XXXXXXX
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Its: DIR/RE & Facilities
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By: /s/ XXXXXXX X. XXXXXXX
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Its: V.P. & General Counsel
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GUARANTOR'S CONSENT
The undersigned is the Guarantor under the Guaranty. Guarantor hereby
approves the foregoing Amendment and consents to Tenant's execution of the
Amendment. Guarantor agrees that the Amendment, and Tenant's execution of the
Amendment, shall in no way limit, void, or vitiate the Guaranty or any of the
provisions of the Guaranty, and the Amendment, and Tenant's execution of the
Amendment, shall in no way alter, limit or otherwise affect the Guaranty or the
liability of Guarantor under the Guaranty.
IN WITNESS WHEREOF, Guarantor has executed this Amendment and Guarantor's
Consent the day and year first above written.
DEL MONTE FOODS COMPANY,
A New York corporation
By: /s/ XXXXXX X. XXXXXXX
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Its: DIR/RE & Facilities
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By: /s/ XXXXXXX X. XXXXXXX
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Its: V.P. & General Counsel
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CONFIRMATION OF LEASE TERM
LANDLORD: TMG/ONE MARKET, L.P., A California limited partnership
TENANT: DEL MONTE CORPORATION, A New York corporation
LEASE DATE: October 7,1999
PREMISES: all or portions of the 3rd, 9th, 10th and 11th Floor(s) of the
Landmark@One Market
Pursuant to Section 3 of the above referenced Lease, the Commencement Date as
defined in Section 3 shall be December 19, 2000.
LANDLORD:
TMG/ONE MARKET, L.P.,
A Delaware limited partnership
By: Xxxxxx/One Market LLC,
A California limited liability company
Its General Partner
By: The Xxxxxx Group of Companies, Inc.,
A California corporation
Its Managing Member
By:
-----------------------------
Its: SVP
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TENANT:
DEL MONTE CORPORATION,
A New York corporation
By: /s/ XXXXXX X. XXXXXXX
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Its: DIR/R.E. & Fac.
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By: /s/ XXXXXXX X. XXXXX
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Its: Real Estate Mgr.
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