EXHIBIT 10.11
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SECOND AMENDMENT
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TO
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NET, NET, NET LEASE
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(XXXXXX COMMUNICATIONS, LLC)
THIS SECOND AMENDMENT is made and entered into, effective as of February 1,
1999, by and between SANTA XXXXXXX CORPORATE CENTER, LLC, a California limited
liability company (the "Landlord"), and XXXXXX COMMUNICATIONS, LLC, a California
limited liability company (the "Tenant"), with reference to the following facts:
RECITALS:
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A. Landlord and Tenant entered into that certain Net, Net, Net Lease dated
as of January 20, 1998 (the "original Lease"), pursuant to which Tenant leased
from Landlord certain real property located at 0000 Xxxxxxxxx Xxxxxx in the
unincorporated area of Santa Xxxxxxx County, California and more particularly
described in the Lease (the "Original Premises").
B. The Original Lease was amended by that certain First Amendment to Lease
dated February 2, 1998 between Landlord and Tenant (the "First Amendment") (the
Original Lease, as amended by the First Amendment, is referred to in this Second
Amendment as the "Lease").
C. Landlord and Tenant agree to modify the Lease in the manner set forth
herein.
AGREEMENTS:
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NOW, THEREFORE, based upon the foregoing facts, which Landlord and Tenant
agree are accurate, and in consideration of the mutual covenants set forth
below, Landlord and Tenant hereby agree as follows:
1. ADDITIONAL PREMISES
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Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord,
approximately 2,669 additional rentable square feet as shown on the plot plan
attached as Exhibit A (the "Additional Premises"). Unless expressly provided to
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the contrary herein, the term "Premises" shall include the Original Premises and
the Additional Premises for a total of 8,547 rentable square feet. Except as
otherwise provided in this Amendment, Tenant shall lease the Additional Premises
on the same terms and conditions as are applicable from time to time to the
Original Premises.
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2. COMMENCEMENT DATE; TERM
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The Commencement Date and the Rent Commencement Date for the Additional
Premises shall be February 1, 1999. The term of the Lease for the Additional
Premises shall be concurrent with the term for the Premises.
3. TENANT'S PERCENTAGES
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Tenant's Percentages for the Premises and the Additional Premises shall be
as follows:
Original Premises Additional Premises Total
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Building: 7.18% 3.26% Building 10.44%
Operating 7.18% 3.26% Operating 10.44%
4. ADDITIONAL ANNUAL RENT
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Effective as of February 1, 1999, Tenant's Annual Rent for the Premises
shall be $141,198.80 (i.e., $11,766.57 per month) subject to adjustment as
provided in Paragraph 3.5 of the Lease.
5. SECURITY DEPOSIT
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Tenant's Security Deposit for the Premises shall be $11,766.57.
6. EXPENSES
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Tenant shall bear all costs and expenses associated with this Amendment,
including, without limitation, expenses incurred with respect to the preparation
and negotiation of this Amendment and all architectural costs, space demising
costs, and tenant improvement costs.
7. EARLY TERMINATION RIGHT
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The first sentence of Section 2.4(c) of the Original Lease is amended to
read as follows:
"As consideration for the exercise of the early termination
right, the Lessee shall pay to the Lessor an amount equal to
four (4) months of the total monthly rent then payable,
which payment shall be paid to the Lessor concurrently with
the delivery of notice of termination."
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8. FULL FORCE AND EFFECT
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Other than as expressly modified hereby, the Lease remains in full force
and effect.
IN WITNESS WHEREOF, Landlord and Tenant have executed this Second Amendment
to Lease, effective as of the date set forth above.
"LANDLORD"
SANTA XXXXXXX CORPORATE CENTER, LLC,
a California limited liability Company
1/29/99 By /s/ Xxxxxxx X. Xxxxxxx
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Date Xxxxxxx X. Xxxxxxx, Manager
"TENANT"
XXXXXX COMMUNICATIONS, LLC, a
California limited liability company
By /s/ Xxx Xxxxxxxxx
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Date Name: Xxx Xxxxxxxxx
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Title: CEO, LLC, Manager
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List of Exhibits
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Exhibit A Plot Plan of Premises
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EXHIBIT A
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PLOT PLAN OF ADDITIONAL PREMISES
