Exhibit 10.13(a)
ADDENDUM #2
TO
STANDARD INDUSTRIAL/COMMERCIAL
MULTI-TENANT LEASE - MODIFIED NET
BY AND BETWEEN RICHARD AND DONNA PIAZZA,
TRUSTEES OF THE PIAZZA FAMILY TRUST ("LESSOR")
AND SKECHERS U.S.A., INC. ("LESSEE")
THIS ADDENDUM shall modify, delete from and add and replace by substitution to
the STANDARD INDUSTRIAL/COMMERCIAL MULTI-TENANT LEASE - MODIFIED NET, dated June
12, 1998, for the Premises commonly known as 1112 Manhattan Avenue, Manhattan
Beach, California ("Lease"). Where any Article, Paragraph, Subparagraphor Clause
of the Lease thereof is modified or deleted by this Addendum, the unaltered
provisions of that article, Paragraph, Subparagraph or Clause shall remain in
effect. If and to the extent that this Addendum is inconsistent with the Lease,
this Addendum shall control.
62. ADDITIONAL SPACE. The additional patio space of approximately 297
square feet shall be rented at a rate of $3.00 per square foot/per
month for a total $891.00 per month, and which shall be added to and
become a part of the Premises and effective as of March 1, 2002.
63. OPTION. Notwithstanding anything contained in the Lease to the
contrary, Lessee shall have an additional one (1) time option to
extend the term of the Lease for an additional five (5) years (i.e.,
March 1, 2007 to February 28, 2012) pursuant and subject to the terms,
covenants and conditions of the Lease, except that the Base Rent shall
be determined pursuant to Paragraph 50. Lessee shall provide written
notice to Lessor of Lessee's intention to extend the Lease pursuant to
this Option prior to the expiration of the Original Term at least one
hundred eighty (180) days but not more than two hundred seventy (270)
days prior to such expiration. All other provisions related to the
payment of rent under the terms of the Lease shall remain in full
force and effect.
64. AUTHORIZATION FOR CONSTRUCTION. Lessor authorizes Lessee to commence
construction of the Tenant Improvements to the Premises in line with
and subject to the restrictions contained hereinafter. In conjunction
with this authorization, Lessee acknowledges its sole responsibility
for such construction and hereby acknowledges Lessor's recordation of
a Notice of NonResponsibility by Owner in reference thereto.
65. CONSTRUCTION DURING LEASE. Lessee agrees not to make any changes that
will compromise or negate the Premises from its original purpose as a
restaurant and Lessee further agrees that during the Original Term and
any Option Period thereafter, Lessee shall not modify, improve or
disturb the Premises such that the applicable provision of the site
Operational Restrictions provided in Condition 7 of the City of
Manhattan Beach's Planning Commission Resolution regarding the Master
Use Permit ("MUP") approved November 9, 1994 per Resolution PC-94
would be
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violated, a copy of which can be provided upon request ("City
Resolution"). Lessee further agrees to pay any fees or costs in order
to maintain temporary Conditional Use Permit ("CUP"), issued and
approved pursuant to Condition 31 of the aforementioned City
Resolution, for office space on a yearly basis, through the remainder
of Lease, including all Option Terms.
66. REVIEW OF PLANS. In order to ensure compliance with Paragraph 60 and
in addition to any provisions related hereto in the Lease, Lessee
agrees to provide Lessor with a copy of any plans, drawings,
blueprints or other construction documents which show the proposed
improvements to the Premises ("Plans") Lessee shall have the right to
review such Plans and reasonably object to any design or specification
which would conflict with or otherwise disturb the restrictions of
City Resolution.
67. PROPERTY TAX. Notwithstanding anything in the Lease to the contrary,
Lessee agrees to pay any increase in property tax due to improvements
made by Lessee.
68. ACKNOWLEDGMENT OF THE PARTIES. Lessor and lessee acknowledge that
parties have entered into separate Commercial Lease Agreements for
those certain portions of the Building commonly known as 1110
Manhattan Avenue, Manhattan Beach, California ("Upstairs Space") and
1108 Manhattan Avenue, Manhattan Beach, California. Said Leases have
corresponding options to extend the original terms of the Leases
through 2012.
IN WITNESS WHEREOF, the parties have executed this Sublease as of the date first
above written.
LESSOR: LESSEE:
PIAZZA FAMILY TRUST SKECHERS U.S.A., INC.,
DATED MARCH 1, 1993 A DELAWARE CORPORATION
/s/ RICHARD J. PIAZZA /s/ PETER F. MOW
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Richard J. Piazza, trustee Peter F. Mow
Vice President of Real Estate and
Construction
/s/ DONNA J. PIAZZA
- -------------------------------
Donna J. Piazza, trustee
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