EXHIBIT 10.38
FIRST AMENDMENT TO LEASE DATED SEPTEMBER 15, 2004 ("LEASE") BETWEEN MISSION OAKS
ASSOCIATES, LLC ("LESSOR") AND DECKERS OUTDOOR CORPORATION ("LESSEE") FOR 0000
XXXXXXX XXXX XXXXXXXXX, XXXX X, XXXXXXXXX, XX 00000 ("INITIAL PREMISES").
1. For reference purposes this First Amendment shall be dated December
1, 2004.
2. Lessor has agreed to extend the free rent period on the Initial
Premises for an additional forty five (45) days in exchange for the
term of the Lease to be extended for an additional forty five (45)
days. As a result, the Base Rent payable by Lessee and term of the
Lease on the Initial Premises shall be as follows:
10/01/04-01/14/05 $ 0/month NNN
01/15/05-05/14/05 $ 29,000/month NNN
05/15/05-11/14/05 $ 42,000/month NNN
11/15/05-11/14/06 $ 46,000/month NNN
11/15/06-11/14/07 $ 50,000/month NNN
11/15/07-11/14/08 $ 54,000/month NNN
11/15/08-11/14/09 $ 58,000/month NNN
3. Lessee has agreed to lease Unit C at 0000 Xxxxxxx Xxxx Xxxxxxxxx,
Xxxxxxxxx, XX 00000 ("Expansion Premises") which is located adjacent
to the Initial Premises as depicted in Exhibit A. The Expansion
Premises is comprised of approximately 75,000 square feet. The term
of the Lease for the Expansion Premises shall be from December 1,
2004 through November 14, 2009. The Base Rent on the Expansion
Premises shall be as follows:
12/01/04-01/14/05 $ 0/month NNN
01/15/05-01/14/07 $ 29,250/month NNN
01/15/07-01/14/08 $ 33,750/month NNN
01/15/08-01/14/09 $ 36,750/month NNN
01/15/09-11/14/09 $ 40,500/month NNN
4. Lessee is accepting the Expansion Premises in its as-is condition
except that Lessor shall be responsible for installing new ballasts
in all of the light fixtures located within the Expansion Premises.
Lessor shall have the new ballasts installed within the Expansion
Premises by December 31, 2004.
5. Effective December 1, 2004, the Premises shall be defined to include
the Initial Premises and the Expansion Premises.
6. Lessee's share of common area expenses shall increase from 10,000 to
17,500 as a result of the inclusion of the Expansion Premises.
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7. Lessee shall have the right to seventy five (75) parking permits for
the Expansion Premises pursuant to the terms of the Lease. These
parking permits coupled with the one hundred (100) parking permits
already provided for with the Initial Premises shall provide Lessee
with a total of one hundred and seventy five (175) parking permits.
8. Article 53 contained within the Addendum to the Lease shall be
revised as follows:
Lessor shall construct, at Lessor's sole cost and expense, a
division wall between Unit A and Unit B (see Exhibit B). The
division wall on the Unit B side of the wall shall be constructed of
5/8" drywall (non-taped) from the floor to the ceiling. The drywall
shall be painted. Any leasehold improvements installed and
constructed by Lessor must comply with applicable building code
requirements. Lessor shall not be responsible for constructing a
division wall between Unit B and Unit X.
Xxxxxx shall utilize commercially reasonable efforts to commence
construction of the division wall between Unit A and Unit B by
December 13, 2004 and to complete the installation of the metal
studs that will support the division wall and the installation of
the drywall (inclusive of painting) on the Unit B side of the
division wall by December 31, 2004. To the extent that Lessor does
not complete the installation of the aforementioned metal studs and
Unit B side of the drywall (inclusive of painting) by January 14,
2005, Lessee shall receive a day for day abatement of Base Rent on
both the Initial Premises and the Expansion Premises. For example,
if the installation of the metal studs and Unit B side of the
drywall is completed on January 20, 2005, this is six (6) days
beyond the January 14, 2005 deadline therefore Lessee shall not be
obligated to commence with the payment of Base Rent on both the
Initial Premises and Expansion Premises until January 21, 2005.
Lessee acknowledges that Lessor has been informed that it needs to
install an exit corridor within the Initial Premises as depicted in
Exhibit B. This corridor shall be constructed at Lessor's sole cost
and expense. Lessor shall utilize commercially reasonable efforts to
have the corridor constructed by December 31, 2004. To the extent
that Lessor does not complete the construction of the corridor by
January 14, 2004, Lessee shall receive a day for day abatement of
Base Rent on both the Initial Premises and the Expansion Premises
consistent with the methodology discussed above for the division
wall.
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9. All other terms and conditions of the Lease shall remain in full
force and effect. To the extent that there are any discrepancies
between this Amendment and the original Lease, the terms of this
Amendment shall prevail.
LESSOR: LESSEE:
MISSION OAKS ASSOCIATES, LLC DECKERS OUTDOOR CORPORATION.
By: /s/ XXX XXXXX By: /s/ XXXXX XXX
--------------- ---------------
Its: MANAGER Its: CFO
Date: 1/4/05 Date: 1/5/05
By: ______________________
Its: _____________________
Date: ____________________
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EXHIBIT "A"
0000 XXXXXXX XXXX, XXXXXXXXX,XX
[FLOOR PLAN]
FOR FURTHER INFORMATION CONTACT:
XXX XXXXXX X325
XXXXX XXXXXX X320
XXXXXXX XXXXXXX X349
[TOLD PARTNERS INC LOGO]
[FLOOR PLAN]
LEASE EXHIBIT B
MISSION OAKS ASSOC., LLC
c/o Xx. Xxxxx Xxxxxx 3001 MISSION XXXX XX.
Sandstone Properties, Inc. XXXXXXXXX, XX 00000
0000 0xx Xxxxxx, Xxx. 000
Xxxxx Xxxxxx, XX 00000
(000)000-0000
[SQUARE ONE ARCHITECTURE LOGO]
[SEAL]
SQUARE ONE ARCHITECTURE
0000 Xxxxxxxx Xxx, Xxxx Xxxxxx, XX 00000
805.522.6777 xxx.xxxxxxxxxxxxx.xxx
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Issue date: Thursday, December 2, 2004
