Exhibit 10.17
FIRST AMENDMENT TO OFFICE LEASE
This First Amendment to Office Lease is made and entered into between
XXXXX REAL ESTATE HOLDINGS FOURTEEN, a Washington Limited Liability Company,
whose address is 0000 Xxxxxx Xxxxxx, Xxxxx 0000, Xxxxxxx, Xxxxxxxxxx
(hereinafter, the "Lessor") and ISILON SYSTEMS, INC., a Delaware Corporation,
whose address is 000 Xxxx Xxxxxx Xxxxxx, Xxxxxxx, Xxxxxxxxxx (hereinafter, the
"Lessee").
A. Recitals
1. Lessor is the owner of the 0000 Xxxxxxx Xxxxxx Building, located at 0000
Xxxxxxx Xxxxxx, Xxxxxxx, Xxxxxxxxxx, 00000 (hereinafter, referred to as the
"Building").
2. On or about November 11, 2005 Lessor entered into an office lease
(hereinafter, the "Lease") whereby Lessee leased 43,950 rentable square feet
situated on the entire 5th and 6th floor levels of the Building (hereinafter,
the "Premises").
3. Lessee wished to lease an additional 21,613 rentable square feet
("First Expansion Premises") of raised floor/mechanical space located on the
"C" Level of the Building. Lessor and Lessee hereby agree to amend the Lease to
include the additional premises on the terms and conditions set forth below.
B. Agreement
1. Additional Leased Premises: The additional premises leased by Lessee pursuant
to this Lease Amendment consist of approximately 21,613 rentable square feet of
data space (hereinafter, the "First Expansion Premises") located on a portion of
the "C" Level of the Building and more specifically depicted on the attached
Exhibit "A". The exact amount of rentable square footage constituting the
Expansion Premises shall be measured by Lessor in compliance with 1996 BOMA
Standards. Such measurements shall be subject to confirmation by Lessee's
architect within ten (10) days after Lessor provides Lessee with its
measurements. None of the Expansion Premises shall be space pocketed.
2. Term: The term of the lease of the Expansion Premises shall be seven
(7) years and three (3) months to commence on January 1, 2006 and expire
conterminously with the Lease.
3. Delivery of Expansion Premises: Lessor shall deliver the Expansion
Premises to Lessee in an "as-is, where-is" condition. All costs Lessee may incur
as a result of Lessee occupying the Expansion Premises shall be Lessee's sole
responsibility.
4. Base Rental: Rental payable be Lessee for the Expansion Premises shall
be as follows:
Months 1-12: $29.00/Sq.Ft./Yr./NNN Months 37-48: $33.00/Sq.Ft./Yr./NNN
Month 13: $9,005.42, NNN Months 49-60: $35.00/Sq.Ft./Yr./NNN
Month 14-24: $29.00/Sq.Ft./Yr Months 61-72: $37.00/Sq.Ft./Yr./NNN
Months 25-36: $31.00/Sq.Ft./Yr./NNN Months 73-87: $39.00/Sq.Ft./Yr./NNN
5. Operating Expenses: Lessee shall be solely responsible for the cost of
electrical utilities used for the Premises, any other fuel (i.e. diesel fuel)
used in the operation of the Premises, maintenance of the existing equipment in
the Premises, janitorial service for the Premises and Lessee's pro-rata share of
common area charges (collectively "NNN"). Lessor shall be responsible for only
the cost of real estate taxes and insurance (collectively "Operating Costs") for
the Premises. Lessee shall be responsible for any increase in Operating Costs
following the base year of 2006.
6. Existing Equipment: All existing equipment in the First Expansion
Premises (including but not limited to raised floor system, cooling units,
battery back-up units, generators and fuel holding tanks) shall remain for
Lessee's use during the term of the lease and any option period(s).
7. Floor Loading: Lessor acknowledges that the proposed Premises can
accommodate floor loading of up to 150 pounds per rentable square foot for the
Raised Floor area of the Expansion Premises.
8. Shipping/Receiving: Lessee shall have the shared right to used the
Building loading dock.
9. Tenant Improvements: Lessor will, at Lessor's cost, demise the
Expansion Premises from the remainder of "C" Level and create common hallway
access to the loading dock for use by Lessee and other tenants in the Building.
10. Agency/Commission: Lessee and Lessor recognize that GVA Xxxxxx Xxxxxxx
("Agent") is the exclusive real estate agent representing Lessee in this
transaction and that Lessor has agreed to pay a real estate commission to the
Agent equal to $6.00 per rentable square foot, payable upon mutually executed
First Amendment between Lessor and Lessee.
If Real Estate Commission is not paid by Lessor within thirty (30) days of the
date when due, the real estate commission shall be paid by Lessee directly to
GVA Xxxxxx Xxxxxxx and the amount so paid given to Lessee as a rent credit to be
offset against rents due Lessor until such unpaid portion of the Real Estate
Commission is paid in full.
11. Continuing Obligation: Except for Design Services and Finish Work
described in the Paragraphs 37 and 38 of the Lease and/or other terms and
conditions expressly modified in this First Amendment, all terms and conditions
of the Lease shall remain in full force and effect and shall apply to the
Premises as well as the First Expansion Premises.
12. Entire Agreement: This is the entire agreement between the parties
relative to the subject matter of this Amendment. It cannot be modified or
added without a writing signed by both parties. All other provisions of the
Lease remain in full force and effect.
AGREED AND ACCEPTED:
XXXXX REAL ESTATE HOLDINGS ISILON SYSTEMS, INC., a Delaware
FOURTEEN, a Washington limited Corporation
Liability company
By: /s/ Xxxxxx Xxxxx By: /s/ Xxxx Xxxxxx
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Its: Managing Member Its: Executive Vice President
Dated: 12-2-05 Dated: 12-2-05
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"Lessor" "Lessee"
