FOURTH AMENDMENT TO OFFICE LEASE
Exhibit 10.1
FOURTH AMENDMENT TO OFFICE LEASE
This Fourth Amendment to Office Lease (this “Fourth Amendment”) is made and entered into by and between 12808 W Airport, LLC (“Landlord”), and Applied Optoelectronics, Inc. (“Tenant”), to be dated on and as of the date on which the Landlord executes this Fourth Amendment (the “Effective Date”).
WITNESSETH:
WHEREAS, Landlord and Tenant heretofore executed and entered into that certain Office Lease dated May 11, 2012 (“Original Lease”), that certain First Amendment to the Lease (the “First Amendment”) dated June 15, 2012, that certain Second Amendment to Office Lease (the “Second Amendment”) dated February 18, 2014, and that certain Third Amendment to Office Lease (the “Third Amendment”) dated July 21, 2014 (the Original Lease as thereby amended collectively being herein referred as the “Lease”), pursuant to which Tenant currently leases from Landlord a total of approximately 8,781 rentable square feet, comprised of the following: a) the “Original Premises” consisting of 6,062 square feet of Rentable Area in Suite 175 on the First Floor, b) the “Second Amendment Expansion Premises” consisting of 1,004 square feet of Rentable Area in Suite 285 on the Second Floor, c) the “Third Amendment Expansion Premises” consisting of 1,715 square feet of Rentable Area in Suite 375 on the Third Floor of 00000 X. Xxxxxxx Xxxxx Xxxx, Xxxxx 00000 (the “Building”) (the Original Premises, the Second Amendment Expansion Premises and the Third Amendment Expansion Premises being collectively defined as the “Premises” and being depicted on the attached floor plan as Exhibit “A-1” and “A-2”.
WHEREAS, Landlord and Tenant desire to amend the Lease to, among other things, expand the Premises, all as more particularly described below;
NOW, THEREFORE, for and in consideration of the premises contained herein, the mutual covenants herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Landlord and Tenant agree that the Lease is hereby ratified and amended as follows:
| 1. | With the exception of the terms specifically amended herein, the Lease shall remain in full force and effect in accordance with all its terms. In the event of any conflict between the terms of this Fourth Amendment and the terms of the Lease, the terms of this Fourth Amendment shall supersede and control. |
| 2. | Landlord and Tenant hereby agree to reduce the Premises by 1,004 rentable square feet in Suite 285, the Second Amendment Expansion Premises. |
| 3. | Landlord and Tenant hereby agree to expand the Premises by an additional 6,898 rentable square feet in Suite 350 (the “Fourth Amendment Expansion Premises”) to a total of 14,675 rentable square feet (as depicted on the attached Exhibit “A1-A2”) for a term of 13 months commencing on the June 1, 2015 (the “Fourth Amendment Commencement Date”) through June 30, 2016 (the “Fourth Amendment Expiration Date”) upon and subject to all of the existing terms of the Lease, except as otherwise provided in this Fourth Amendment. |
| a. | Effective on and as of Fourth Amendment Commencement Date, and continuing through the Fourth Amendment Expiration Date, the Basic Annual Rent payable with respect to Suite 175, the Original Premises is stipulated to be as follows: |
| Rent Schedule | |||||
| From | To | Months | $/SF-YR | Monthly | Cumulative |
| 6/1/2015 | 6/30/2016 | 13 | $ 15.00 | $ 7,577.50 | $98,507.50 |
| b. | Effective on and as of Fourth Amendment Commencement Date, and continuing through the Fourth Amendment Expiration Date, the Basic Annual Rent payable with respect to Suite 375, the Third Amendment Expansion Premises is stipulated to be as follows: |
| Rent Schedule | |||||
| From | To | Months | $/SF-YR | Monthly | Cumulative |
| 6/1/2015 | 6/30/2016 | 13 | $ 20.00 | $ 2,858.33 | $37,158.29 |
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Tenant Initials
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| c. | Effective on and as of Fourth Amendment Commencement Date, and continuing through the Fourth Amendment Expiration Date, the Basic Annual Rent payable with respect to Suite 350, the Fourth Amendment Expansion Premises is stipulated to be as follows: |
| Rent Schedule | |||||
| From | To | Months | $/SF-YR | Monthly | Cumulative |
| 6/1/2015 | 6/30/2016 | 13 | $ 20.00 | $ 11,496.67 | $149,456.71 |
| 4. | Tenant currently has $4,041.34 on file as a security deposit. |
| Landlord’s address for Rent payments: | 00000 X. Xxxxxxx, LLC |
| 000 X. Xxxx Xxx Xx., xxxxx 000 | |
| Xxxxxxx, Xxxxx 00000 |
| Landlord’s address for all purposes other than rent payments: | 000 X. Xxxx Xxx Xx., xxxxx 000 |
| Xxxxxxx, Xxxxx 00000 |
| All other provisions of the Lease shall remain the same. | ||
| Attested by: | Attested by: | |
/s/ Hung-Lun (Xxxx) Xxxxx |
LANDLORD: 12808 W. Airport LLC | |
| TENANT (signature) | ||
Hung-Lun (Xxxx) Xxxxx, SVP |
BY: Boxer Property Management Corp. | |
| TENANT (print name and title) | A Texas Corporation | |
| Management Company for Landlord | ||
| 2015-6-17 | /s/ Xxxx Xxxxx, Vice President | 2015-6-17 |
| Date | (signature and title) | Date |
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Exhibit “A-1”
First Floor
Suite 175
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Tenant Initials
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Exhibit “A-2”
3rd Floor
Suite 350 & 375
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Tenant Representation Letter
Information about Brokerage Services
Before working with a real estate broker, you should know that the duties of a broker depend on whom the broker represents. If you are a prospective seller or landlord (owner) or a prospective buyer or tenant (buyer), you should know that the broker who lists the property for sale or lease is the owner’s agent. A broker who acts as a subagent represents the owner in cooperation with the listing broker. A broker who acts as a buyer’s agent represents the buyer. A broker may act as an intermediary between the parties if the parties consent in writing. A broker can assist you in locating a property, preparing a contract or lease, or obtaining financing without representing you. A broker is obligated by law to treat you honestly.
IF THE BROKER REPRESENTS THE OWNER:
The broker becomes the owner’s agent by entering into an agreement with the owner, usually through a written listing agreement, or by agreeing to act as a subagent by accepting an offer of sub agency from the listing broker. A subagent may work in a different real estate office. A listing broker or subagent can assist the buyer but does not represent the buyer and must place the interests of the owner first. The buyer should not tell the owner’s agent anything the buyer would not want the owner to know because an owner’s agent must disclose to the owner any material information known to the agent.
IF THE BROKER REPRESENTS THE BUYER:
The broker becomes the buyer’s agent by entering into an agreement to represent the buyer, usually through a written buyer representation agreement. A buyer’s agent can assist the owner but does not represent the owner and must place the interests of the buyer first. The owner should not tell a buyer’s agent anything the owner would not want the buyer to know because a buyer’s agent must disclose to the buyer any material information known to the agent.
IF THE BROKER ACTS AS AN INTERMEDIARY:
A broker may act as an intermediary between the parties if the broker complies with The Texas Real Estate License Act. The broker must obtain the written consent of each party to the transaction to act as an intermediary. The written consent must state who will pay the broker and, in conspicuous bold or underlined print, set forth the broker’s obligations as an intermediary. The broker is required to treat each party honestly and fairly and to comply with The Texas Real Estate License Act. A broker who acts as an intermediary in a transaction: (1) shall treat all parties honestly; (2) may not disclose that the owner will accept a price less than the asking price unless authorized in writing to do so by the owner; (3) may not disclose that the buyer will pay a price greater than the price submitted in a written offer unless authorized in writing to do so by the buyer; and (4) may not disclose any confidential information or any information that a party specifically instructs the broker in writing not to disclose unless authorized in writing to disclose the information or required to do so by The Texas Real Estate License Act or a court order or if the information materially relates to the condition of the property. With the parties’ consent, a broker acting as an intermediary between the parties may appoint a person who is licensed under The Texas Real Estate License Act and associated with the broker to communicate with and carry out instructions of one party and another person who is licensed under that Act and associated with the broker to communicate with and carry out instructions of the other party. If you choose to have a broker represent you, you should enter into a written agreement with the broker that clearly establishes the broker’s obligations and your obligations. The agreement should state how and by whom the broker will be paid. You have the right to choose the type of representation, if any, you wish to receive. Your payment of a fee to a broker does not necessarily establish that the broker represents you. If you have any questions regarding the duties and responsibilities of the broker, you should resolve those questions before proceeding.
TENANT REPRESENTATION
Tenant certifies that _NONE___ (broker) represents Tenant in the negotiation and/or site selection of commercial space for lease.
/s/ Hung-Lun (Xxxx) Xxxxx
TENANT (signature)
Hung-Lun (Xxxx) Xxxxx, SVP_
TENANT (print name and title)
2015-6-17
Date
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