AMENDMENT No. 6 TO LEASE AGREEMENT
This Amendment No. 6 to Lease Agreement (the "Sixth Amendment") is made
and entered into as of September 2, 1997 by and between APT-IND/APTS
REALTY, INC., a Delaware corporation, successor in interest to San
Bernardino County Employees Retirement Association ("Landlord"), and
C-Cube Microsystems Inc., a Delaware corporation ("Tenant"), with
reference to the following facts:
RECITALS
A. WHEREAS, San Bernardino County Employees Retirement Association ("San
Bernardino County"), Landlord's predecessor-in-interest, and Tenant
have entered into that certain Lease Agreement dated as of an
unspecified date in August, 1991, and that certain Lease Amendment
dated October 19, 1992, and that certain Amendment No. 2 to Lease
dated January 8, 1993, and that certain Amendment No. 3 to Lease
dated June 15, 1993, and that certain Amendment No. 4 to Lease dated
December 9, 1993, and that certain Amendment No. 5 to Lease dated
July 21, 1994 (collectively the "Lease"), for the premises consisting
or 48,384 rentable square feet located at 000 Xxxxxxxxxx, Xxxxxxxx,
Xxxxxxxxxx ("Oak Creek I") and 32,832 rentable square feet located at
0000 XxXxxxxx Xxxxxxxxx ("Oak Creek II"), Milpitas, California (the
"Premises") as such Premises are more fully described in the Lease.
B. WHEREAS, San Bernardino County has assigned its interest in the Lease
to Landlord.
C. WHEREAS, the Lease provided for two (2) consecutive options to extend
the Term of the Lease (the "First Option to Extend" and the "Second
Option To Extend") for a period of two (2) years each (the "First
Extension Period" and the "Second Extension Period"). The Lease also
provided for a specified monthly Base Rent for the First Extension
Period and the Second Extension Period.
D. WHEREAS, Tenant has exercised its First Option To Extend the Lease in
accordance with Section 5 of Addendum No. 1 to the Lease, and Section
10 of the Lease Amendment to the Lease.
E. WHEREAS, Landlord and Tenant have agreed to extend the Term of the
Lease accordingly, subject to the terms and conditions set forth in
this Sixth Amendment.
NOW, THEREFORE, in consideration of the mutual promises and covenants
contained herein, and other good and valuable consideration. the receipt
and sufficiency of which are hereby acknowledged, the parties agree as
follows:
1. Recitals: Landlord and Tenant hereby agree that the herein above
recitals are true and correct.
2. Definitions: Unless defined otherwise in this Sixth Amendment,
all definitions used in this Sixth Amendment, shall have the same
meaning and definition as given them in the Lease.
3. Term: The Term of the Lease shall be extended from December 31, 1997
to December 31, 1999 (the "Extended Term").
4. Base Rent: The monthly Base Rent payable by Tenant shall be set forth
below commencing on January 1, 1998:
Monthly Periods Monthly Rate/NNN Monthly Base Rent
01/1/98-12/31/99 $0.65 $52,790.40
5. Tenant has hereby exercised its First Option to Extend, and Tenant
shall have only one further option to extend the Lease. Such
option is referred to herein as the Second Option to Extend.
6. Effect of Amendment: Except as modified herein, the terms and
conditions of the Lease shall remain unmodified and continue in
full force and effect. In the event of any conflict between the
terms and conditions of the Lease and this Sixth Amendment, the
terms and conditions of this Sixth Amendment shall prevail.
7. Authority: Subject to the provisions of the Lease, this Sixth
Amendment shall be binding upon and inure to the benefit of the
parties hereto, their respective heirs, legal representatives,
successors and assigns. Each party hereto and the persons signing
below warrant that person signing below on such party's behalf is
authorized to do so and to bind such party to the terms of this
Sixth Amendment.
8. The terms and provisions of the Lease are hereby incorporated in
this Sixth Amendment.
IN WITNESS WHEREOF, the parties have executed this Sixth Amendment as of
the date and year first above written.
LANDLORD:
APT-IND/APTS REALTY, INC.,
a Delaware corporation
By: /s/ Xxxx Xxxxxx
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Xxxx Xxxxxx
Vice President
Date: 9/29/97
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TENANT:
C-Cube Microsystems, Inc.,
a Delaware corporation
By: /s/ Xxxx Xxxxx
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Printed Name: Xxxx Xxxxx
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Title: VP Operations
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Date: 9/10/97
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