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Exhibit 10-2
FIRST AMENDMENT OF LEASE
(Analog Devices, Inc.)
This First Amendment of Lease (the or this "Agreement") is executed as of March
1, 1996 (the "Effective Date") by and between Ferrari Brothers, a California
general partnership, as "Landlord," and Analog Devices, Inc., a Massachusetts
corporation, as "Tenant."
RECITALS:
A. Landlord and Tenant have entered into that certain Lease dated June 16, 1995
(the "Lease") respecting premises commonly known as 610 Weddell Drive,
Sunnyvale, California and more particularly described in the Lease (the
"Premises").
B. The Premises are comprised of approximately 27,379 square feet of space in a
larger building (the "Building"). The balance of the space in the Building is
leased by Performance Semiconductor Corporation ("PSC").
C. Analog desires to add to the Premises a portion of the space in the Building
which is currently leased by PSC. The space that Analog desires to so lease is
comprised of approximately 12,404 square feet of space, and is shown and
described on Exhibit "A" attached hereto and incorporated herein by this
reference (the "Additional Analog Space"). Concurrently with the execution of
this Agreement, PSC is entering into an agreement with Landlord to terminate its
right to lease the Additional Analog Space so that Landlord can lease the same
to Analog.
D. The parties now desire to document the terms upon which Tenant shall lease
the Additional Analog Space.
NOW, THEREFORE, in consideration of the mutual covenants set forth below, and
for other good and valuable consideration the receipt and adequacy of which are
acknowledged, the parties hereby amend the Lease as follows:
AGREEMENT:
1. Undefined Terms. Terms used in this Agreement which are not defined herein
shall have the same meaning ascribed to them in the Lease.
2. Expansion of Premises. Effective as of the Effective Date, the Premises are
hereby expanded to include the Additional Analog Space. Accordingly, the area of
the Premises, as set forth on the Lease Summary, and as specified in Paragraph 1
of the Lease, is hereby deemed increased as of the Effective Date to
approximately 39,783 square feet. Exhibit "A" of the Lease is hereby deemed
modified such that the premises described thereon shall be deemed to include the
space shown as Spaces A, B, and C on Exhibit "A" hereto.
3. Rent. As of the Effective Date, the monthly Base Rent shall be increased by
$13,900.76 (i.e. to a total of $48,900.76 per month for the entire Premises
including the Additional Analog Space).
4. Late Payment Charge and Security Deposit. As of the Effective Date, the
amount of the late payment charge specified in Paragraph 3.4 of the Lease shall
be increased to $978.02 (2% of Base Rent). As of the Effective Date, Analog
shall increase the
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amount of the Certificate of Deposit held by Landlord as a security deposit
pursuant to Paragraph 4 of the Lease to $28,142.13 (i.e. 63.08% of original
deposit for entire building of $44,613.40). Tenant shall effectuate such
increase in the security deposit by depositing with Landlord a new Certificate
of Deposit in the amount of such increase, or at Tenant's election, by
cancellation of the original Certificate of Deposit and deposit with Landlord of
a new Certificate of Deposit in such total amount.
5. Tenant's Share. Tenant's Share of the Building, as set forth in the Lease
Summary and Paragraph 1 of the Lease, is increased as of the Effective Date to
63.08% (39,783 square feet divided by total of 63,072 square feet = 63.08%). The
amount estimated by Landlord pursuant to Paragraph 9.2 of the Lease for the
portion of monthly Operating Expenses to be borne by Tenant is hereby increased
from $2,387 to $3,468.42 (i.e. 39,783 s.f. divided by 27,379 s.f., or 1.453,
times old estimate of $2,387 = $3,468.42). The reference to 43.4% set forth in
Paragraph 10.4 respecting HVAC replacement costs and Major Resurfacing costs is
hereby increased to Tenant's Share (i.e. 63.08%), as specified above in this
paragraph.
6. Interior Improvements. Landlord shall have no obligation to construct,
modify, or repair any improvements in the Additional Analog Space. Analog has
thoroughly inspected the Additional Analog Space, and agrees that the same are
in good physical condition and that all building systems servicing such space
are in good working order and condition. Tenant agrees to take possession of the
Additional Analog Space on the Effective Date (or as soon thereafter as Tenant
is able to arrange with PSC to take possession of such space) in such physical
condition as may then exist. Prior to Tenant's occupancy of the Additional
Analog Space, or promptly thereafter, Tenant at no expense to Landlord shall
separately meter all utilities serving the Additional Analog Space such that
Tenant and PSC are not sharing any meters for space within the Building. Tenant
represents to Landlord that in accordance with Paragraph 12 of the Lease, as of
the Effective Date, Tenant has already completed the separate metering of all
portions of the Premises other than the Additional Analog Space.
7. Memorandum of Lease. The parties shall execute a short form memorandum of
this Agreement and such memorandum shall be recorded promptly after the
Effective Date.
8. Non-Disturbance Agreement. Landlord shall use reasonable efforts to obtain
promptly after the Effective Date an amendment of the Non-disturbance Agreement
with Coast Federal Bank in form reasonably satisfactory to Landlord and Tenant.
9. Remainder of Lease Unaffected. Except to the extent modified by this
Agreement, the Lease shall remain unchanged. The parties ratify the Lease and
agree that the Lease, as modified by this Agreement, shall remain in full force
and effect.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the first
date hereinabove set forth.
LANDLORD: TENANT:
FERRARI BROTHERS, ANALOG DEVICES, INC.,
a California general partnership a Massachusetts corporation
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By: By:
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Its Its
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Dated: Dated:
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