1
EXHIBIT 10.14
SECOND AMENDMENT TO LEASE
THIS SECOND AMENDMENT TO LEASE (this "Amendment") is dated for reference
purposes only as August 31, 1997, by and between CARRAMERICA REALTY CORPORATION,
a Maryland corporation ("Landlord"), and WIRE NETWORKS, INC. ("Tenant").
RECITALS
A. Golden Century Investment Company ("Golden Century"), Landlord's
predecessor in interest, and Tenant entered into that certain Lease
Agreement dated November 7, 1994, and the Addendum thereto
(collectively, the "Initial Lease") for Suite 150 (approximately 6,500
rentable square feet) of that certain building commonly known as 0000
Xxxxxxx Xxxxx in San Mateo, California ("Building 3" or the "Building").
Golden Century and Tenant entered into that certain Addendum II to the
Initial Lease pursuant to which the size of Suite 150 was increased by
3,041 rentable square feet for a total of 9,541 rentable square feet
(the "Initial Premises"). Landlord and Tenant agree and acknowledge that
the date of the Initial Lease is incorrectly identified as November 8,
1994 (instead of November 7, 1994) in both Addendum and Addendum II.
B. Landlord and Tenant entered into that certain First Amendment to Lease
dated July 21, 1997 (the "First Amendment"), pursuant to which the size
of the Leased Premises was expanded to include Suites 105, 106, 107 and
108 (the "Expansion Premises") and the Lease Term was extended.
C. The Initial Lease as amended by the Addendum, Addendum II, the First
Amendment and this Amendment shall be referred to herein as the Lease.
D. Landlord and Tenant desire to enter into this Amendment in order to
amend the dates by which possession of the Expansion Premises shall be
delivered to Tenant.
NOW, THEREFORE, for good and valuable consideration, the adequacy of
which is hereby acknowledged, the parties hereby mutually promise,
covenant and agree as follows:
1. COMMENCEMENT DATE. Notwithstanding anything to the contrary set forth in the
First Amendment, Tenant shall commence to perform all of its covenants and
obligations under the Lease with respect to each suite comprising the Expansion
Premises, including the obligation to pay rent (the "Commencement Date") as
follows:
a. SUITES 105, 106 AND 107. With respect to Suites 105, 106 and
107, the Commencement Date shall be January 1, 1998.
Notwithstanding the foregoing, Landlord shall exercise
commercially reasonable efforts to make Suites 105, 106 and 107
available to Tenant for early occupancy on or about December 1,
1997 for the purpose of constructing certain interior
improvements therein. Any early
1.
2
occupancy of such suites by Tenant shall be subject to the terms
of the Lease, except that Tenant's obligation to pay Landlord
the Base Monthly Rental for such occupied space shall not
commence until January 1, 1998 (i.e., the Commencement Date for
such space).
b. SUITE 108. With respect to Suite 108, the "Commencement Date"
shall be September 1, 1997. Notwithstanding the foregoing,
Landlord shall exercise commercially reasonable efforts to make
Suite 108 available to Tenant for early occupancy on or about
July 15, 1997 for the purpose of constructing certain interior
improvements therein. Any early occupancy of such suite by
Tenant shall be subject to the terms of the Lease, except that
Tenant's obligation to pay Landlord the Base Monthly Rental for
such occupied space shall not commence until September 1, 1997
(i.e., the Commencement Date for such space).
2. RENT. Notwithstanding anything to the contrary set forth in the First
Amendment, as of the applicable Commencement Date for each suite which is a part
of the Expansion Premises, and in the case of the Initial Leased Premises as of
September 1, 1997, the first sentence of Section 3(a) of the Lease shall be
amended in its entirety to read as follows:
Tenant agrees to pay a base monthly rental ("Base Monthly
Rental") for the Premises during the Term in the following
amounts:
(1) Suite 150: Months Base Monthly Rent
------ -----------------
9/1/97 - 8/31/98 $25,569.88
9/1/98 - 8/31/99 $26,046.93
9/1/99 - 8/31/2000 $26,523.98
9/1/2000 - 8/31/2001 $27,001.03
(2) Suite 105: Months Base Monthly Rent
------ -----------------
1/1/98 - 8/31/98 $1,152.39
9/1/98 - 8/31/99 $1,176.63
9/1/99 - 8/31/2000 $1,198.18
9/1/2000 - 8/31/2001 $1,219.73
(3) Suite 106: Months Base Monthly Rent
------ -----------------
1/1/98 - 8/31/98 $3,201.93
9/1/98 - 8/31/99 $3,292.38
9/1/99 - 8/31/2000 $3,352.68
9/1/2000 - 8/31/2001 $3,412.98
(4) Suite 107: Months Base Monthly Rent
------ -----------------
1/1/98 - 8/31/98 $1,949.16
9/1/98 - 8/31/99 $1,990.17
9/1/99 - 8/31/2000 $2,026.62
9/1/2000 - 8/31/2001 $2,063.07
2.
3
(5) Suite 108: Months Base Monthly Rent
------ -----------------
9/1/97 - 8/31/98 $5,904.04
9/1/98 - 8/31/99 $6,014.19
9/1/99 - 8/31/2000 $6,124.34
9/1/2000 - 8/31/2001 $6,234.49
The foregoing amounts shall be payable in advance each month on the
first (1st) day of the month and shall become delinquent on the fifth
(5th) day of each month and shall be payable to Landlord at the address
and in the manner set forth below:
If by check: CarrAmerica Realty Corporation
t/a: San Xxxxx XX & III
X.X. Xxx 000000
Xxxxxxx, XX 00000-0000
If by wire transfer: Bank Name: NationsBank of Georgia
ABA Number: 000-000-000
Account Name: CarrAmerica Realty Corporation
t/a: San Xxxxx XX & III
Account Number: 3255808026
Notification: Mr. Xxxx Xxxxxxxx (CarrAmerica)
Telephone Number: (000) 000-0000
3. GOVERNING LAW. This Amendment shall be governed by and be construed under the
laws of the State of California.
4. ATTORNEYS' FEES. In any arbitration, quasi-judicial or administrative
proceedings or any action in any court of competent jurisdiction, brought by
either party to enforce any covenant or any of such party's rights or remedies
under this covenant or any of such party's rights or remedies under this
Amendment, including any action for declaratory relief, or any action to collect
any payments required under this Amendment or to quiet title against the other
party, the prevailing party shall be entitled to reasonable attorneys' fees and
all costs, expenses and disbursements in connection with such action, including
the costs of reasonable investigation, preparation and professional or expert
consultation, which sums may be included in any judgment or decree entered in
such action in favor of the prevailing party.
5. SUCCESSORS. All terms and provisions of this Amendment shall be binding upon,
be enforceable by, and shall inure to the benefit of, the respective assignees
and successors of the parties hereof.
6. CONFIRMATION OF LEASE. Except as amended by this Amendment, the parties
hereby agree and confirm that the Lease is in full force and effect. In the
event of any conflict between the Initial Lease, as amended by the Addendum,
Addendum II, the First Amendment, and this Amendment, the terms of this
Amendment shall control.
3.
4
IN WITNESS WHEREOF, the parties hereto have executed this Amendment as
of the date first written above.
"Tenant" "Landlord"
WIRE NETWORKS, INC. CARRAMERICA REALTY CORPORATION,
a Maryland corporation
By: /s/ Xxxxxxx Xxxx By: /s/ Xxxxxx Xxxxxxx
---------------------- ------------------------
Name: Xxxxxxx Xxxx Name: Xxxxxx Xxxxxxx
---------------------- ------------------------
Its: CFO Its: Managing Director
---------------------- ------------------------
Date: 8/28/97 Date: 9/4/97
---------------------- ------------------------
4.
