THIRD AMENDMENT
EXHIBIT 10.21
THIS AMENDMENT made this 16th day of December, 1997, (the "Amendment") by
and between CONTINENTAL ROSECRANS AVIATION, L. P., a California limited
partnership, hereinafter referred to as "Lessor", and PEERLESS SYSTEMS, INC., a
Delaware corporation, hereinafter referred to as "Lessee".
WITNESSETH:
WHEREAS, Lessee entered into a certain Office Lease ("Lease"), dated
February 6, 1992, with Lessor leasing certain premises together with
appurtenances in Continental Park, commonly known as 0000-0000 Xxxxxxxxx Xxxxxx,
Xx Xxxxxxx, Xxxxxxxxxx; and
WHEREAS, said Lease was amended in certain particulars by a Letter
Amendment, dated March 31, 1992, and by a second agreement, dated July 29, 1992,
and by a First Amendment to Office Lease dated December 1, 1995, and by a Second
Amendment to Office Lease, dated April 8, 1997; and
WHEREAS, Continental Rosecrans Aviation, L. P. is successor in interest to
Continental Terrace Corporation, and Continental Terrace Corporation is
successor in interest to Continental Development Corporation; and
WHEREAS, Lessor and Lessee are desirous of amending said Lease by this
Third Amendment to Office Lease in the manner set forth below.
NOW, THEREFORE, in consideration of the mutual promises herein contained,
Lessor and Lessee hereby agree to amend said Lease as follows:
1. TERM
The Term in Paragraph 1.5 of the Lease, as amended, shall be extended
for three (3) years, terminating December 31, 2007.
2. BASE RENTAL
The Base Rental set forth in Paragraph 1.6 of the Lease, as amended,
shall be increased as follows:
(a) For the entire Premises as of the date of this Amendment, the
Base Rental shall be abated starting on January 1, 2005
through February 28, 2005. Beginning March 1, 2005, through
June 30, 2006, the Base Rental shall be increased to $2.15 per
rentable square foot. Beginning July 1, 2006 through December
31, 2007, the Base Rental shall be increased to $2.25 per
rentable square foot.
3. TENANT IMPROVEMENT FEE
Upon execution of this Amendment, Lessor agrees to reimburse Lessee
for $2078.16 of the Architectural Fees for the Tenant Improvement Construction,
and Lessee agrees to pay $7500 of Lessor's Project Management Fees.
4. EFFECTIVE DATE
This Amendment shall take effect as of December 16, 1997.
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5. BROKERAGE
Lessee represents that Lessee has dealt with no broker in connection
with this modification of the Lease, except for Xxx & Associates, and that
insofar as Lessee knows, no other broker negotiated this modification of Lease
or is entitled to any commission in connection therewith.
IN WITNESS WHEREOF, Lessor and Lessee have caused this Third Amendment to
Office Lease to be executed on the day and year first above written.
LESSOR LESSEE
CONTINENTAL ROSECRANS PEERLESS SYSTEMS, INC.
AVIATION, L.P. a Delaware corporation
a California limited partnership
BY: CONTINENTAL DEVELOPMENT
CORPORATION, general partner
/s/ Xxxxxxx X. Xxxxxxxxx /s/ Hoshi Printer
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Xxxxxxx X. Xxxxxxxxx, President Hoshi Printer,
Chief Financial Officer,
Vice President/Finance &
Administration
/s/ Xxxxxxx X. Xxxxxxxxx, Xx.
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Xxxxxxx X. Xxxxxxxxx, Xx., Secretary
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