AMENDMENT NO 1 TO LEASE
Exhibit 10.8
AMENDMENT NO 1
TO LEASE
TO LEASE
THIS AMENDMENT NO. 1 TO LEASE is made and entered into as of September 15, 2000, by and
between RNM LAKEVILLE, L.P., a California Limited Partnership (“Landlord”), and MICROMED
LABORATORIES, INC., a California corporation (“Tenant”).
RECITALS
A. Landlord and Tenant are parties to that certain Lease dated as of October 26, 1999 (the
“Lease”), pursuant to which Landlord leases to Tenant, and Tenant leases from Landlord, certain
Premises at 0000 Xxxxx XxXxxxxx Xxxxxxxxx in Petaluma, California. Unless otherwise defined
herein, all capitalized terms shall have the meanings assigned to them in the Lease.
B. Under paragraph 27 of the Lease, Tenant has the Right of First Refusal with respect to
certain premises, which are contiguous to the Premises. In lieu of exercising such Right of First
Refusal, Tenant and Landlord have agreed to the terms of Tenant’s expansion into the Additional
Premises, pursuant to the terms and conditions of this Amendment.
THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. First Expansion Premises. Landlord and Tenant agree that as of September 1, 2000, the
Premises shall include the First Expansion Premises for a total area of 6,286 square feet of
Rentable Area. For purposes of the Lease, the First Expansion Date is September 1, 2000.
2. Additional Premises. In lieu of Tenant’s exercise of its Right of First Refusal pursuant
to paragraph 27 of the Lease, Landlord and Tenant have agreed that as of October 1, 2000, 5,500
square feet of Rentable Area (the “Additional Premises”) designated as Area D on Exhibit B1
attached to this Amendment and incorporated herein shall be added to the Premises. On and
following October 1, 2000, all references in the Lease to the term Premises shall include such
Additional Premises, and the total square feet of Rentable Area within the Premises shall be
11,786.
3. Acceptance of Premises. Tenant is accepting the Additional Premises in their current
condition, AS IS and with all faults. Landlord shall not be under any obligation to modify, alter,
paint or otherwise make any modifications to the Additional Premises either prior to or following
the delivery thereof to Tenant. Not withstanding the foregoing, the present occupant of the
Additional Premises and all personal properties within the Additional Premises shall be removed on
or before October 1, 2000 by Landlord. The Additional Premises shall be delivered to Tenant in a
clean “broom-swept” condition.
4. Parking Spaces. The parties hereby confirm that Tenant’s allocation of parking spaces
shall increase by two spaces for every 1,000 square feet of Rentable Area within the Additional
Premises.
5. Second Expansion Date. The parties hereby confirm that the Second Expansion Date shall be
March 1, 2001. As of and following the Second Expansion Date, the Premises shall consist of 13,840
square feet of Rentable Area.
6. Base Rent. The parties hereby confirm that Base Rent and Tenant’s Share for the remainder
of the term shall be as follows:
| Months | Base Rent | Tenant’s Share | ||||||
09/01/00 - 09/30/00 |
$ | 5,343 | 10.73 | % | ||||
10/01/00 - 02/28/01 |
$ | 10,018 | 20.12 | % | ||||
03/01/01- 02/28/02 |
$ | 11,764 | 23.62 | % | ||||
03/01/02 - 02/28/03 |
$ | 12,235 | ||||||
03/01/03 - 02/29/04 |
$ | 12,724 | ||||||
03/01/04 - 02/28/05 |
$ | 13,233 | ||||||
03/01/05 - 02/28/06 |
$ | 13,763 | ||||||
7. Security Deposit Increases. Tenant confirms that on the date of each increase in Base Rent
Tenant shall deposit with Landlord the corresponding increase in the Security Deposit.
8. No Other Modifications. Unless otherwise expressly modified herein, the Lease shall remain
in full force and effect.
IN WITNESS WHEREOF, the parties executed this Amendment No. 1 as of the date first written
above.
| LANDLORD: | TENANT: | |||||
| RNM LAKEVILLE, L.P., | MICROMED LABORATORIES, INC., | |||||
| a California Limited Partnership | a California corporation | |||||
By:
|
RNM PETALUMA, INC., | By: | /s/ Xxxxxx Xxxxx | |||
| a California corporation, | ||||||
| its Managing General Partner | Its: | President | ||||
Name:
|
/s/ Xxxx X. XxXxxxx | Date: | 9/15/2000 | |||
| Xxxx X. XxXxxxx, President | ||||||
Date:
|
9/15/2000 | |||||
2
EXHIBIT B-1 — PREMISES
DIAGRAM
0000 Xxxxx XxXxxxxx Xxxxxxxxx
Xxxxxxxx, Xxxxxxxxxx
Xxxxxxxx, Xxxxxxxxxx
