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FIRST AMENDMENT TO LEASE
THIS FIRST AMENDMENT TO LEASE ("First Amendment") is made and entered
into as of this 18th day of July, 1995, by and between SUMITOMO BANK OF NEW YORK
TRUST COMPANY, ("SBNYTC"), AS TRUSTEE UNDER THAT CERTAIN TRUST AGREEMENT DATED
MAY 22, 1995 BETWEEN SUMITOMO BANK LEASING AND FINANCE, INC. AND SBNYTC
("Landlord"), and CISCO SYSTEMS, INC., a California corporation ("Tenant").
THIS FIRST AMENDMENT IS ENTERED INTO upon the basis of the following
facts, understandings and intentions.
RECITALS
A. Landlord and Tenant entered into that certain Lease
(Improvements Phase "C") dated May 22, 1995 ("Lease"), pursuant to which
Landlord is leasing to Tenant the improvements which Tenant may elect to
construct ("Premises"), as agent for Landlord, on that certain land located in
San Jose, California, as more particularly described in the Lease and on Exhibit
A attached hereto and incorporated herein by this reference. Any capitalized
terms used but not defined in this First Amendment which are defined in the
Lease shall have the meaning ascribed in the Lease.
B. Landlord and Tenant now desire to amend the terms of the Lease,
as more particularly described in this First Amendment.
NOW THEREFORE, the parties hereto agree as follows:
1. Capitalized Interest. Section 2.9 of the Lease is hereby
amended to add the following sentence at the end of the Section:
During the Construction Period for a Building or phase of
Buildings, Capitalized Interest for such Building or phase of
Buildings shall be calculated using the Construction Period
Monthly Calculation set forth in Section 2.43.
2. Monthly Calculation. Section 2.43 of the Lease is hereby
amended to add the following sentence at the end of the Section:
During the Construction Period for a Building or phase of
Buildings, "Monthly Calculation" shall mean the quotient
resulting from dividing three hundred sixty (360) by the number
of days in the applicable Rent Period. The applicable Rent
Period shall begin on the twentieth day of the calendar month
for which this Construction Period Monthly Calculation is being
calculated and shall be for a period equal to the number of
days in such calendar month.
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3. Rent Period. Section 2.57 of the Lease is hereby deleted, and
is replaced with the following:
2.57 Rent Period. "Rent Period" shall mean each period equal to
one calendar month occurring during the Term hereof, except
that: (a) the first Rent Period shall be a partial calendar
month commencing on the date of the initial Advance for a
Building or phase of Buildings and ending on the nineteenth day
of the subsequent calendar month; (b) thereafter during the
Construction Period, and ending on the nineteenth day of the
last calendar month of the Construction Period, the Rent Period
shall commence on the twentieth day of each calendar month and
end on the nineteenth day of the subsequent calendar month; (c)
the Rent Period preceding the Rent Commencement Date shall be a
partial calendar month commencing on the twentieth day of the
last calendar month of the Construction Period and ending on
the last day of such calendar month; and (d) the last Rent
Period shall be a partial calendar month commencing on the
first LIBOR Business Day of the last calendar month of the Term
and ending on the last day of the Term.
4. Timing and Method of Disbursement. Section 11.6(a) of the
Lease is hereby deleted, and is replaced with the following:
(a) Timing and Method of Disbursement. Advances to be
made hereunder shall not be made more frequently than monthly.
For any calendar month during which Tenant desires to receive
an Advance, Tenant shall submit a Draw Request on or before the
fifteenth day of such month, and if Tenant submits such Draw
Request by such date, then Landlord shall, subject to the
conditions to funding described in Sections 11.3, 11.4 and
11.5, make the Advance as requested in such Draw Request to the
party(ies) designated by Tenant on the twentieth day of such
month, or the next LIBOR Business Day if the twentieth day of
such month is not a LIBOR Business Day ("Advance Date"). The
Advances shall be made to parties identified by Tenant, which
parties may include Tenant. At the option of Tenant, Landlord
shall make such Advances to one (1) or more parties.
5. Counterparts. This First Amendment may be executed in any
number of counterparts, each of which shall be deemed to be an original and all
of which together shall comprise but a single instrument.
6. Existing Lease. Except to the extent specifically amended
hereby, all terms and conditions of the Lease remain in full force and effect.
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[SIGNATURE PAGE TO FIRST AMENDMENT TO LEASE]
IN WITNESS WHEREOF, the parties have executed this First Amendment as
of the date and year first above written.
"LANDLORD"
SUMITOMO BANK OF NEW YORK
TRUST COMPANY ("SBNYTC"), AS TRUSTEE UNDER
THAT CERTAIN TRUST AGREEMENT DATED
MAY 22, 1995 BETWEEN SUMITOMO BANK
LEASING AND FINANCE, INC. AND SBNYTC
By:
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Name:
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Its:
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[SIGNATURES CONTINUED ON NEXT PAGE]
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[SIGNATURE PAGE TO RENT FIRST AMENDMENT TO LEASE]
"TENANT"
CISCO SYSTEMS, INC.,
A CALIFORNIA CORPORATION
By:
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Name:
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By:
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Name:
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Its:
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EXHIBIT A
DESCRIPTION OF LAND
REAL PROPERTY in the City of San Jose, County of Santa Clara, State of
California, described as follows:
Lot 50, as shown on that certain Map entitled, "Tract No. 7560," which Map was
filed for record in the office of the Recorder of the County of Santa Clara,
State of California on December 21, 1983 in Book 522 of Maps, pages 51 and 52.
Reserving therefrom a perpetual right and easement to construct, install,
maintain, repair, renew, replace, operate and use a surface drainage release to
benefit Lot 49 of Tract 7560, as contained in that certain Grant of Easement
recorded August 8, 1990 in Book L443, page 0754, Official Records, and described
as follows:
The Northwesterly 10.00 feet of the Southeasterly 30.00 feet and the
Northwesterly 100.00 feet of the Southeasterly 130.00 feet of the Northeasterly
10.00 feet of Lot 50.
That portion of Lot 51, as shown on that certain Map entitled, "Tract No. 7560,"
which Map was filed for record in the office of the Recorder of the County of
Santa Clara, State of California on December 21, 1983 in Book 522 of Maps, pages
51 and 52, being more particularly described as follows:
Beginning at the Southeasterly corner of said Lot 51; thence along the Southerly
line of said Lot 51, S. 590 27; 51 W. 77.00 feet; thence N. 14 Degrees 27
Minutes 48 Seconds E. 108.90 feet to the Northeasterly line of said Lot 51;
thence along said Northeasterly line S. 30 Degrees 32 Minutes 09 Seconds E.
77.00 feet to the point of beginning, as provided for in that certain Lot Line
Adjustment granted by the Director of Planning of the City of San Jose, a copy
of which was recorded March 28, 1984 in the office of the Recorder of the County
of Santa Clara in Book I410, page 712 of Official Records.
Lot 5 and 6, as shown on that certain Map of Tract No. 7408, which map was filed
for record in the office of the Recorder of the County of Santa Clara, State of
California on November 19, 1982 in Book 506 of Maps, pages 24, 25 and 26 and a
portion of that certain parcel of land described in the deed recorded December
22, 1972 in Book 0167, page 623, all as approved by that Lot Combination
recorded September 16, 1992 in Book M381 of Maps, page(s) 0081, Official
Records, more particularly described as follows:
Beginning at a point on the Northeasterly line of Rio Robles, as shown upon said
map, at the most Southerly corner of said Lot 5; thence along said Northeasterly
line of Rio Robles, N. 30 Degrees 32 Minutes 09 Seconds W. 105.50 feet; thence
on a tangent curve to the right, having a
EXHIBIT A
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radius of 367.00 feet, through a central angle of 36 Degrees 30 Minutes 00
Seconds an arc distance of 233.80 feet; thence on a curve to the right, tangent
to the previous curve, having a radius of 50.00 feet, through a central angle of
86 Degrees 01 Minute 50 Seconds an arc distance of 75.08 feet to the Southerly
line of Tasman Drive as shown upon said map; thence along said line on a curve
to the left, tangent to the previous curve, having a radius of 1149.00 feet,
through a central angle of 32 Degrees 31 Minutes 01 Seconds an arc distance of
652.09 feet; thence N. 59 Degrees 28 Minutes 40 Seconds E. 600.40 feet; thence
on a tangent curve to the right, having a radius of 33.00 feet, through a
central angle of 89 Degrees 51 Minutes 11 Seconds an arc distance of 51.83 feet
to the Southwesterly line of First Street, as shown upon said map; thence along
said line, S. 30 Degrees 32 Minutes 09 Seconds E. 261.38 feet to the
Northwesterly line of the lands of the City and County of San Francisco, as
shown upon said map; thence along said line of the lands of the City and the
County of San Francisco, S. 65 Degrees 09 Minutes 27 Seconds W. 1396.95 feet to
the point of beginning.
Those rights as contained in that certain Grant Deed executed by Masami Ezaki
and Kaoru Ezaki, his wife in favor of the City and County of San Francisco, a
municipal corporation recorded December 8, 1950 in Book 2111, page 319, Official
Records, over the following described property:
A strip of land 80 feet wide, lying 40 feet either side of the following
described line and extensions thereto, across that certain parcel of land
conveyed by Charles Nelson, et ux, to Masami Ezaki by Grant Deed dated February
27, 1936 and recorded March 11, 1936, in Volume No. 765, at page 262, Official
Records, Santa Clara County, hereinafter referred to as the Ezaki Parcel, said
line being more particularly described as commencing at a point in the Westerly
boundary of the existing San Jose-Alviso Road, said point being distant along
said boundary South 30 Degrees 32 Minutes 30 Seconds East 381.31 feet from its
intersection with the Northerly boundary of the above mentioned Ezaki Parcel;
thence, from said point of commencement, South 65 Degrees 08 Minutes 00 Seconds
West 1459.03 feet to a point in the common boundary between the above mentioned
Ezaki Parcel and that certain parcel of land conveyed by Lena Lindgren, et al,
to James A. Pankoski, et ux, by Joint Tenancy Deed dated November 13, 1944 and
recorded November 17, 1944 in Volume No. 1227 at Page 327, Official Records,
Santa Clara County, hereinafter referred to as the Pankoski Parcel, said point
being distant along said common boundary South 30 Degrees 32 Minutes 30 Seconds
East 237.04 feet from the most Westerly corner of the above mentioned Ezaki
Parcel; the Easterly end of said strip being the above mentioned Westerly
boundary of the San Jose-Alviso Road, and the Westerly end of said strip being
the above mentioned common boundary between the Pankoski and Ezaki Parcels.
EXHIBIT A