Exhibit 10.3
SECOND AMENDMENT TO MULTI-TENANT LEASE--NET
DATE: APRIL 21, 2001
BY AND BETWEEN
XXXXXXX-XXXX, INC.
("LANDLORD")
AND
OPHTHALMIC IMAGING SYSTEMS, INC., A CALIFORNIA CORPORATION
("TENANT")
Whereas Xxxxxx X. Xxxxxx & Xxxxxxx X. Xxxxxx as Trustees of the Xxxxxx 1987
Revocable Trust dated February 27, 1987, as amended; Xxxxxxx X. Xxxxx &
Xxxxxxxxx X. Xxxxx, as Trustees of the Rolla 1975 Revocable Trust dated December
9, 1975; Xxxxxxx X. Xxxxxx, Xx.; Xxxxxx and Xxxxxxx X. Xxxxxxxx; and University
Park Properties, a Partnership as tenants in common, dba CMS Xxxxxxx Way is the
successor to the interest of Xxxxxxx-Xxxx, Inc. under said lease, this Second
Amendment is hereby made a part of that certain "Multi-Tenant Net Lease" between
the above-mentioned parties dated April 21, 2001 (the "Contract"). Said
documents shall hereby be amended as follows. In the event of any discrepancy
between this document and any previous document(s) the provisions of this
document shall prevail.
1. LEASE TERM:
The lease term is hereby extended for an additional (2) year s and (1)
month, beginning June 1, 2005 through June 30, 2007:
2. SCHEDULE OF BASE RENT:
The Base Rent for the extended Lease period shall be as follows:
a. June 1, 2005 through June 30, 2007: $7,072/mo. plus
Monthly NNNs (see # 3 below of this Second Lease
Amendment);
3. MONTHLY NNN CHARGES:
a. NNN charges will be capped at $1,600/month for the
balance of 2004;
b. NNN charge monthly cap will be $1,750/month for
Calendar Years 2005 and 2006 respectively;
c. NNN charge monthly cap will increase to $1,850/month
for Calendar Year 2007.
4. TENANT IMPROVEMENTS:
#1 : Landlord will complete tenant improvements per Xxxx III proposal
letter's dated August 30, 2004 and September 21, 2004 respectively
(letters attached as Exhibit A). There will be a cap for this work
totaling $15,188. Xxxx III engineering will complete the work. Tenant
and Landlord will schedule work for a mutually convenient time for work
to be completed by December 31, 2004;
#2: Landlord will replace linoleum and 1 toilet in restroom. The work
will not exceed $1,500. Any work in excess of $1,500 will be covered by
the tenant. The Landlord will engage its handyman and local flooring
company to complete work. Work will be completed by December 31, 2004;
#3: Landlord will reimburse Tenant for the work completed by Xxxxxxx
Heating & Air for the Air Conditioning in the Server Room. This work
will not exceed $3,460 per proposal dated 7/2/04 (Proposal attached as
Exhibit B). Tenant shall show Landlord paid xxxx prior to Landlord
reimbursing Tenant.
LANDLORD:
Xxxxxx 1987 Revocable Trust, Rolla 1975 Revocable Trust, Xxxxxxx X. Xxxxxx, Xx.,
Xxxxxx and Xxxxxxx Xxxxxxxx; and University Park Properties, a Partnership as
Tenants in Common dba CMS Xxxxxxx Way
By: ______________________
Xxx Xxxxxx, Xx.
Its: ______________________
Date: ______________________
TENANT:
OPHTHALMIC IMAGING SYSTEMS
A CALIFORNIA CORPORATION
By: ______________________
Its: ______________________
Date: ______________________
Attachments: Exhibit A (Xxxx III Engineering letters dated August 30 and
September 21, 2004)
Exhibit B (Xxxxxxx Heating & Air proposal dated July 2, 2004)
