FOURTH AMENDMENT TO LEASE
This Fourth Amendment to Lease ("Amendment") is made and entered into as of
August 7, 1997 by and between MARINA WESTSHORE PARTNERS, LLC a California
limited liability company ("Landlord") and QUICKRESPONSE SERVICES, INC., a
California corporation ("Tenant").
RECITALS
A. Landlord's predecessor in interest and Tenant's predecessor in
interest entered into that certain lease captioned "Marina Bay Business Park
Phase I Office Lease" dated April 27, 1990, which lease has been amended by that
certain First Amendment of Lease dated July 1, 1992, that certain Second
Amendment to Lease dated August 20, 1993 and that certain Third Amendment to
Lease dated as of October 8, 1993 (the "Lease").
B. Pursuant to the above-referenced Third Amendment to Lease, the Lease
was bifurcated and now consists of two separate leases, one lease pertaining to
Building C to which Tenant is not a party, and the second lease pertaining to
Buildings A and B, which are the premises leased by Tenant from Landlord.
C. Landlord and Tenant have discussed an extension of the term of the
Lease and an adjustment in the rental rates in conjunction with such extension,
and have reached agreement on modifications to the Lease, as set forth below.
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NOW, THEREFORE, for mutual consideration, the receipt and adequacy of which
is hereby acknowledged, Landlord and Tenant hereby amend the Lease as follows:
1. The Basic Lease Information pertaining to Buildings A and B is hereby
deleted in its entirety and the Basic Lease Information attached to this
amendment as Appendix A is inserted in its place, effective as of September 1,
1997.
2. By virtue of the changes to the Basic Lease Information, the Term of
the Lease has been extended to expire on June 30, 2010. Accordingly, Section 25
of the Lease is deleted, it being the intent of Landlord and Tenant that Tenant
shall have no further option to extend the Term.
3. Notwithstanding the provisions of Article Five of the Lease, for
each 12-month period commencing September 1, 1997 through August 31, 2002,
Tenant's obligation to pay Operating Expenses shall not exceed $75,000. If
for any of said five 12-month periods the share of Operating Expenses
allocated to Tenant, based on 49.9% of Operating Expenses, exceeds $75,000,
the amount in excess shall accrue and the aggregate excess amounts shall be
payable by Tenant to Landlord as Additional Charges in 36 equal monthly
payments commencing June 1, 2007.
4. This Amendment may be executed in several counterparts, each of which
shall be deemed an original, but all of which shall constitute one and the same
document.
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5. All terms defined in the Lease shall have the same meaning when used
in this Amendment, unless otherwise defined in this Amendment.
6. This Amendment shall be effective as of the date of this Amendment
and, except as amended herein, the Lease shall remain in full force and effect.
IN WITNESS WHEREOF the parties have executed this Amendment as of the day
and year first above written.
QUICKRESPONSE SERVICES, INC.,
a California corporation
By: /s/ SHAWN M. O'CONNOR
--------------------------------
Name: SHAWN M. O'CONNOR
------------------------------
Its: VP & CFO
-------------------------------
MARINA WESTSHORE PARTNERS,
LLC, a California limited liability
Company
By: /s/ Richard R. Poe
--------------------------------
Richard R. Poe
Its Manager
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BASIC LEASE INFORMATION
MARINA BAY BUSINESS PARK
PHASE I
OFFICE LEASE
Lease Date: April 27, 1990
Landlord: MARINA WESTSHORE PARTNERS,
a California limited partnership
Address of Landlord: c/o Pinnacle Maritime Corporation
1391 Marina Way South
Richmond, CA 94804
Contact: Richard R. Poe
Telephone: (510) 233-5832
Tenant: QUICKRESPONSE SERVICES, INC.
a California corporation
Address of Tenant: 1400 Marina Way South
Richmond, California 94804
Contact: Shawn O'Connor
Telephone: (510) 215-3802
Premises: All of Building A and B of Marina Bay Business
Park, Phase I, Richmond, California, as more
fully set forth on Exhibit A herein.
Rentable Area of the Premises: 63,360 square feet as to Building A and B.
Term: Twenty (20) years
Commencement Date: July 1, 1990
Expiration Date: June 30, 2010
Rent Commencement Date: June 15, 1991
Security Deposit: $135,200
Fixed Rent (monthly):
4
Period of Time Amount
- ------------- ------
July 1, 1990-
June 15, 1991 None
June 16, 1991-
June 30, 1995 $83,952 per month
July 1, 1995-
August 30, 1997 $103,752 per month
September 1, 1997-
June 30, 1998 $88,704 per month
July 1, 1998-
June 30, 2000 $95,040 per month
July 1, 2000-
June 30, 2010 $101,376 per month
Broker: None
Exhibits: Exhibit A Floor Plan
Exhibit B Legal Description
Exhibit C Rules and Regulations
NOTE: This Basic Lease Information is provided solely as a convenience to
summarize certain Lease provisions and is not intended as a complete summary of
all material terms and conditions of the Lease. In the event of any
inconsistency between any formation shown on this Basic Lease Information and
the provisions of the Lease, the provisions of the Lease govern.
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