EXHIBIT 10.8.3
FOURTH AMENDMENT TO LEASE
THIS FOURTH AMENDMENT TO LEASE is dated for reference purposes only
as February 6, 1996, and is part of that Lease dated May 17, 1994
together with the Summary of Basic Lease Terms; the First Addendum To
Lease; the Acceptance Agreement; the First Amendment To Lease dated
October 18, 1994; the Second Amendment To Lease dated May 25, 1995;
and the Third Amendment To Lease dated October 30, 1995 thereto
(collectively, the "Lease") by and between ORCHARD INVESTMENT COMPANY
NUMBER 701, a California general partnership ("Landlord"), and ULTRATECH
STEPPER, INC., a Delaware corporation ("Tenant"), and is made with
reference to the following facts:
A. Landlord is the successor in interest to Orchard Investment
Company No. 701, a California general partnership as owner of the
Premises and Landlord under the Lease,
B. The Premises currently leased by Tenant pursuant to the Lease
consists of 70,257 rentable square feet comprised of 14,532 rentable
square feet at 2855 Zanker Road, 38,861 rentable square feet at 2815-2825
Zanker Road, and 16,864 rentable square feet at 0000 Xxxxxx Xxxx, Xxxx xx
Xxx Xxxx, Xxxxxxxxxx.
C. The Lease Term for the 2815-2825 Zanker and 2855 Zanker portion
of the Premises currently expires on December 31, 1997, and February 28,
1999 for the 2865 Zanker portion of the Premises.
D. Tenant and Landlord have agreed to expand the square footage of
said Premises by 19,999 rentable square feet as shown on "Exhibit A"
attached hereto and incorporated herein by reference as the "Third
Expansion Space".
E. Tenant and Landlord have agreed that the Term of the Lease for
the Third Expansion Space shall expire at a later date than specified
pursuant to the original terms of the Lease.
NOW, THEREFORE, Landlord and Tenant hereby agree that the Summary of
Basic Lease Terms is amended as follows as of the Commencement Date:
1. PREMISES: As of April 1, 1996, or the date the Third Expansion
Space is actually delivered to Tenant (the "Expansion Date"), if later,
Section D shall be amended to consist of the Third Expansion Space of
19,999 rentable square feet at 2835 Zanker Road ("2835 Zanker"), plus
Tenant's original spaces consisting of 14,532 rentable, square feet at
0000 Xxxx0x Xxxx ("0000 Zanker"), 38,861 rentable square feet at
2815-2825 Zanker Road ("2815-2825 Zanker"), and 16,864 rentable square
feet at 2865 Zanker Road ("2865 Zanker") for a total of 90,256 rentable
square feet.
2. BUILDING: As of the Expansion Date, Section F of the Lease
shall be amended to read that the Building at 2855-2865 Zanker Road
("Building B") containing the 2855 Zanker and 2865 Zanker portions of
the Premises consists of a total of 31,396 rentable square feet, and the
Building at 2815-2835 Zanker Road ("Building C") containing the 2815-2825
Zanker, and 2835 Zanker portions of the Premises consists of a total of
58,860 rentable square feet.
3. TENANTS SHARE: As of the Expansion Date Section G of the Lease
shall be amended to mean fifty-three and 71/100 percent (53.71%) for the
2865 Zanker portion of the Premises, and forty-six and 29/100 percent
(46.29%) for the 2855 Zanker portion of the Premises, sixty-six and
02/100 percent (66.02%) for the 2815-2825 Zanker portion of the Premises,
and thirty-three and 98/100 percent (33.98%) for the 2835 Zanker portion
of the Premises.
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4. TENANT'S ALLOCATED PARKING STALLS: As of the Expansion Date
Section 11 of the Lease shall be amended to mean 184 stalls for the
2815-2825 Zanker and 2855 Zanker portion of the Premises, plus 58 stalls
for the 2865 Zanker portion of the Premises, plus 72 stalls for the 2835
Zanker portion of the Premises, for a total of 314 stalls.
5. LEASE TERM: As of the Expansion Date Section J of the Lease
shall be amended to provide that the Lease Term for the 2815-2825 Zanker
and 2855 Zanker portion of the Premises shall expire December 31, 1997,
the
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Lease Term for the 2865 Zanker portion of the Premises shall expire
February 28, 1999, and the Lease Term for the 2835 Zanker portion of the
Premises shall expire March 31, 1999.
6. BASE MONTHLY RENT: As of the Expansion Date Section K of the
Lease shall be amended to provide for the Base Monthly Rent as follows:
A. For the 2815-2825 Zanker and 2855 Zanker portion of the Premises:
From the Commencement Date,
through December 31, 1997: $34,705.45 per month.
B. For the 2865 Zanker portion of the Premises:
From the Commencement Date
through February 28, 1999: $13,491.20 per month.
C. For the 2835 Zanker portion of the Premises:
From the Commencement Date
through March 31, 1999: $16,399.18 per month.
7. SECURITY DEPOSIT: Section M is hereby amended to provide for an
increase in the Security Deposit of $16,399.00 which Tenant has provided
Landlord upon signature hereon, for a total of $64,595.00.
8. WARRANTY OF EXISTING CONDITIONS: Landlord shall provide
the Third Expansion Space to Tenant with all electrical, plumbing, HVAC,
and roof systems in good working condition as of the delivery and
acceptance dates as provided for in Paragraph 10 herein.
9. INTERIOR IMPROVEMENTS: Tenant acknowledges that it has
had the opportunity to inspect the Third Expansion Space prior to the
Commencement Date, and agrees that the Third Expansion Space is to be
leased and accepted by Tenant in its existing condition, "as-is",
without implied or express warranty or representation, except as provided
for herein, and with all patent and latent defects. However, Landlord
shall be responsible, at Landlord's sole expense, for (i) the cost of
removal of any asbestos containing floor tiles or tile mastic
within the Third Expansion Space, and (ii) the clean-up and repair of
any damage to the Third Expansion Space caused by Landlord or Landlord's
existing tenant therein during the time period subsequent to the date of
this Amendment but prior to the Expansion Date, all of which shall be
completed prior to the Expansion Date.
10. UTILITIES, SERVICES, AND METERING: Paragraph 12 of the First
Amendment to Lease is hereby deleted. Tenant shall contract directly
with the utility companies for metered services for electric and gas, and
Tenant shall maintain such HVAC and related equipment as provided for
in Article 6 of the Lease.
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11. FULL FORCE AND EFFECT: Except as expressly set forth in
this Amendment, all terms and conditions of the Lease remain in full
force and effect.
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IN WITNESS WHEREOF, Landlord and Tenant have executed this Fourth
Amendment to be effective as of the date first set forth above.
LANDLORD: TENANT:
SAN XXXX ACQUISITION CO., L.L.C., ULTRATECH STEPPER, INC.
a Delaware limited liability company a Delaware corporation
By: ARGO PARTNERSHIP, L.P., BY: /S/XXXXXXX X. XXXXXX III
its General Partner Xxxxxxx X. Xxxxxx III
Vice President, Finance, CFO
By: ARGO MANAGEMENT COMPANY, L.P.,
its General Partner
By: X'XXXXXX CAPITAL PARTNERS, L.P.,
its General Partner
By: X'XXXXXX CAPITAL INCORPORATED,
its General partner
BY: /S/X.X. XXXXXXXXXXX
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Name: X.X. XXXXXXXXXXX
---------------------
Title: VP
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Date: 2/21/96 Date: 2/13/96
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By: ARGO PARTNERSHIP II, L.P.,
its Manager
By: ARGO II MANAGEMENT COMPANY, L.P.,
its General Partner
By: X'XXXXXX CAPITAL PARTNERS II, L.P.,
its General Partner
By: X'XXXXXX CAPITAL II INCORPORATED
its General Partner
By: /S/X.X. XXXXXXXXXXX
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Name: X.X. Xxxxxxxxxxx
---------------------
Title: VP
---------------------
Date: 2/21/96
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Exhibit A - Site Plan
SITE PLAN
EXHIBIT A
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