FIRST AMENDMENT TO LEASE
Exhibit 10.17
FIRST AMENDMENT TO LEASE
THIS FIRST Amendment to Lease (“First Amendment”) is made and entered into this 24th day of February, 2019 by and between Xxxxx-Xxxxxx Development, LLC (“Landlord”) and Lulu’s Fashion Lounge Holdings, Inc. (“Tenant”).
RECITALS
A. | Landlord and Tenant entered into a Lease, agreement dated January 7, 2019, (the “Lease”), under the terms of which Landlord leased to Tenant and Tenant leased from Landlord that certain real property consisting of an approximately 258,232 square foot industrial building and commonly known as 0000 Xxxxx Xxxx, Xxxxxx Xxxxxxxx, Xxxxxxxxxxxx (“Premises”), and as more particularly described in the Lease. |
B. | Unless otherwise specifically set forth herein, all capitalized terms herein shall have the same meaning as set forth in the Lease. |
C. | Landlord and Tenant desire to confirm the Commencement Date and make other modifications to the Lease as described herein. |
NOW THEREFORE, the parties mutually agree as follows:
1. | Incorporation of Recitals. The above recitals are incorporated herein and made part of this First Amendment to the Lease. |
2. | Commencement Date. Landlord has delivered Possession of the Premises to Tenant. The Commencement Date of the Lease is hereby confirmed as February 1, 2019. |
3. | Tenant Improvement Allowance. Landlord has agreed to perform and will perform certain work in the Premises at the request of Tenant (“Landlord TI Work) in accordance with Section 2 of Addendum 2 of the Lease. The Landlord TI Work will consist of the installation of additional warehouse lighting and installation of electrical conduit, as more particularly described on the attached Exhibit 1 to the First Amendment. The cost for performing the Landlord TI Work is ninety four thousand seven hundred ten dollars ($94,710), which shall be deducted from the T.I. Allowance amount described in Addendum 2 of the Lease. Therefore, the amount of T.I. Allowance hereafter available to Tenant shall be three hundred fifty five thousand two hundred ninety dollars ($355,290). Other than the reduction in the amount of the T.I. Allowance from $450,000 to $355,290, all other provisions of Section 1 of Addendum 2 of the Lease shall remain valid and unmodified. |
4. | Miscellaneous. Except as expressly provided hereinabove, all terms and conditions of the Lease shall apply herein and remain in full force and effect. In the event of any conflict between the terms of this First Amendment to Lease and those of the Lease, the terms of this First Amendment to Lease will be deemed to have superseded those of the Lease and exclusively will govern the matter in question. |
IN WITNESS WHEREOF, the parties have caused this First Amendment to Lease to be executed as of the day first hereinabove written.
LESSOR: | LESSEE: | |||||||
XXXXX-XXXXXX DEVELOPMENT LLC | LULU’S FASHION LOUNGE HOLDINGS, INC. |
By: | /s/ Xxxx X. Xxxxxxxx |
By: | /s/ Xxxxxxx Xxxxxxx | |||||
Xxxx X. Xxxxxxxx | Name: Xxxxxxx Xxxxxxx | |||||||
Its Senior Vice President | Its: CFO | |||||||
By: | /s/ Xxxx X. Xxxxxxxxx |
|||||||
Xxxx X. Xxxxxxxxx | ||||||||
Its Senior Vice President |
FIRST AMENDMENT TO LEASE – EXHIBIT 1
[logo – QUANDEL QEI Construction] | QEI CONSTRUCTION GROUP, LLC |
0000 Xxxxx Xxxxx Xxxxxx, Xxxxx 000
Xxxxxxxxxx, XX 00000
P 570.628.5865 | F 570.628.5869
xxxxxxxx@xxxxxxxxxxxxxxx.xxx
xxxxxxx.xxx
sent via email 1-17-19
Via Electronic Mail
January 16, 2019
Xx. Xxxx Xxxxxxxx
Xxxxxx Companies
000 Xxxxxxx Xxxxxx, Xxxxx 0000
Xxxxxxx Xxxxx, XX 00000
Re: Xxxxxx Xxxxx Xxx 00
XXX – 000 Xxxxxxxxxx Xxxxxxxxx Lighting and IT Conduit
Dear Xxxx:
Additional LED warehouse Lighting, 88 additional light fixtures to account for 2 lights per bay in the warehouse. BEI Electrical |
$ | 78,400.00 | ||
Overhead and Profit 5% |
$ | 3,920.00 | ||
|
|
|||
Total |
$ | 82,320.00 | ||
Installation of two 4” conduit chases from Electrical Room IT area to office IT Room |
||||
BEI Electrical |
$ | 18,900.00 | ||
Overhead and Profit 5% |
$ | 945.00 | ||
|
|
|||
Total |
$ | 19,845.00 | ||
Installation of two 2” conduit chases from Electrical Room IT area to office IT Room |
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BEI Electrical |
$ | 11,800.00 | ||
Overhead and Profit 5% |
$ | 590.00 | ||
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|
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Total |
$ | 12,390.00 |
Please acknowledge your acceptance of the Warehouse Lighting add of Eighty Two Thousand Three Hundred Twenty Dollars and 00/100 (82,320.00) proposal by signing in the space provided below.
Please choose the appropriate conduit size by circling your choice above.
Upon receipt of your written acceptance, we will proceed with the work. In the interim, we are proceeding per our current Contract. Your prompt response will be appreciated. Please do not hesitate to call our office, if you have any questions.
Sincerely,
QEI CONSTRUCTION GROUP, LLC |
AUTHORIZATION: | |||||
/s/ Xxxx Xxxxxxx |
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Xxxx Xxxxxxxx Date |
Xxxx Xxxxxxx
Project Manager
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Enclosures
pc | Xxxx X. XxXxxxx Xx and Xxxxx Xxxxxxxx, The Xxxxxx Companies Xxxxx Xxxxx, Quandel Construction Group, Inc. |
[BEI logo]
Change Order Request
January 9, 2019
Quandel Enterprises Inc.
Xxx Xxxx Xxxxx Xxxxxx, 00xx Xxxxx
Xxxxxxxxx, XX 00000
Attn: Xxxx Xxxxxxx
xxxxxxxx@xxxxxxx.xxx
Re: Additional Lighting
Job Name: Xxxxx Xxxxxx Lot 29
Job#: 17167
Nick,
We are pleased to present our Change Order for the above referenced job.
Change Order Inclusions:
• | Furnish and install Eighty Eight (88) additional light fixtures to account for 2 lights per bay in warehouse |
• | Includes lifts and necessary equipment |
Total Change Order Price |
$ | 78,400.00 |
Thank you for affording our firm this opportunity.
Standard Warranty: A 1 year Warranty is provided on all labor and parts sold by BEI Electrical unless otherwise noted above.
Acceptance of this Change Order The prices, specifications and conditions are satisfactory and are hereby accepted. BEI Electrical Inc. is authorized to do the work as specified. Payment will be made within 30 calendar days of completed work.
Proposed By: | /S/ XXXXX XXXXXXX | Accepted By: | ||||||
Xxxxx Xxxxxxx | ||||||||
Title: | ||||||||
Date: |
[BEI logo]
Change Order Request
January 9, 2019
Quandel Enterprises Inc.
Xxx Xxxx Xxxxx Xxxxxx, 00xx Xxxxx
Xxxxxxxxx, XX 00000
Attn: Xxxx Xxxxxxx
xxxxxxxx@xxxxxxx.xxx
Job Name: Xxxxx Xxxxxx Lot 29
Job#: 17167
Nick,
We are pleased to present our Change Order for the above referenced job.
Change Order Inclusions:
• | Install two 4” conduit chases from electrical room IT area to office IT room |
• | Includes pull strings |
• | Lifts and necessary equipment |
Total Change Order Price |
$ | 18,900.00 |
Alternate #1:
• | Install two 2” conduit chases from electrical room IT area to office IT room |
• | Includes pull strings |
• | Lifts and necessary equipment |
Alternate #1 Cost |
$ | 11,800.00 |
Thank you for affording our firm this opportunity.
Standard Warranty: A 1 year Warranty is provided on all labor and parts sold by BEI Electrical unless otherwise noted above.
Acceptance of this Change Order The prices, specifications and conditions are satisfactory and are hereby accepted. BEI Electrical Inc. is authorized to do the work as specified. Payment will be made within 30 calendar days of completed work.
Proposed By: | /S/ XXXXX XXXXXXX | Accepted By: | ||||||
Xxxxx Xxxxxxx | ||||||||
Title: | ||||||||
Date: |