EXHIBIT 10.13
IDEALAB!
FIRST AMENDMENT TO LEASE ABSTRACT
FOR 2ND, 3RD & 8TH FLOORS
74 N. PASADENA AVENUE
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AMENDMENT DATE August 18, 1999
PREMISES Entire 2nd, 3rd and 8th Floors, approx.
(ARTICLE 1) 29,064 rentable square feet each, totaling
87,192 rentable square feet.
POSSESSION 2nd & 3rd floors - September 7, 1999
FIXTURIZATION PERIOD 2nd & 3rd floors - 60 days from
(ARTICLE 1) possession, extended on a day for day basis
due to delays caused by Lessor or Force
Majeure.
TERM 8th floor - 64 months and 1 week
(ARTICLE 1) 2nd & 3rd floors - 59 months and 3 weeks
COMMENCEMENT 8th Floor - June 24, 1999
(ARTICLE 1) 2nd & 3rd Floors - November 7, 1999
LEASE EXPIRATION October 31, 2004
(ARTICLE 1)
BASE RENTAL RATE 8th floor - 6/24/99 to 12/31/99 $1.50 per
(ARTICLE 1) rentable square foot, full service gross
($43,596.00 per month)
1/1/01 to 10/31/04 $1.83* per rentable
square foot, full service gross ($53,187.12
per month).
*THE RENT FOR THE 8TH FLOOR, COMMENCING
1/1/01, WAS REDUCED FROM $1.87 TO $1.83.
2nd & 3rd floors - 11/7/99 to 10/31/04
$1.78 per rentable square foot, full
service gross ($103,467.84 per month).
TOTAL MONTHLY RENT - FLOORS 2, 3 & 8:
11/7/99 TO 12/31/99 = $147,063.84.
1/1/00 TO 10/31/04 = $156,654.96.
Page 1 of 6
IDEALAB!
FIRST AMENDMENT TO LEASE ABSTRACT
FOR 2ND, 3RD & 8TH FLOORS
74 N. PASADENA AVENUE
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PARKING Additional spaces for 2nd & 3rd floors:
(ARTICLE 1) 7 per 1000 square feet (407 spaces):
- 10 spaces, designated @ $65 per
space, per month for entire term.
- 397 spaces, non-designated @ $55 per
space, per month for entire term.
Total spaces for floors 2, 3 & 8, as of
11/7/99 to 10/31/04
73 designated.
595 non-designated
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668 Total
PARKING RENT 6/24/99-11/6/99 - $14,955 per month for
(ARTICLE 1) designated and non-designated.
11/7/99-10/31/04 - $32,725 per month for
designated and non-designated.
OPERATING EXPENSES Base Year 2000
TENANT'S PROPORTIONATE
SHARE (ARTICLE 1) 34.06%
SECURITY DEPOSIT 8th floor - $138,670.00, 5%, non-
(ARTICLE 1) compounded, interest will be paid annually,
commencing 7/7/01, payable on or before
12/1/02 and December 1st of each year
thereafter.
2nd & 3rd floors - $123,626.00
(one month's rent), 5% non-compounded
interest will be paid on or before 12/1/00,
and December 1st of each year thereafter.
LETTER OF CREDIT - $251,906.00 (two month's
rent). Provided there are no uncured
defaults, Letter of Credit to be reduced by
$125,953.00 as of 11/1/00 and is terminated
as of 11/1/01 provided there are no uncured
defaults.
Page 2 of 6
IDEALAB!
FIRST AMENDMENT TO LEASE ABSTRACT
FOR 2ND, 3RD & 8TH FLOORS
74 N. PASADENA AVENUE
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TENANT IMPROVEMENTS "As-is". (Tenant received a $13.30 per
(PARAGRAPH 3, PAGE 3 OF THE rentable square foot credit for the 2nd &
FIRST AMENDMENT) 3rd floor, and a $10 per rentable square
foot credit for the 8th floor. Tenant must
spend a minimum of $290,640.00 ($10 per
rentable square foot) on the 8th floor and
a total of $871,920.00 ($15 per rentable
square foot) on the 2nd & 3rd floors, in
order to maintain the reduced rate.
ASSIGNMENT/SUBLETTING Tenant has right to sublease; also
(PARAGRAPH 14 OF THE LEASE, Affiliated Company Exception (Paragraph
PAGE 15) 14.6 page 17).
EXPANSION OPTIONS "First Option Space": Tenant has the right
(PARAGRAPH 6, PAGE 4 OF to lease 2 additional floors or any
THE FIRST AMENDMENT) portion thereof, as these floors become
available. Landlord shall deliver to Tenant
the Offer Notice describing the available
space and its availability. Tenant must
provide Landlord with written notice within
20 business days, after Offer Notice, but,
not earlier than 9 months before Landlord
expects applicable space to be available,
accepting or rejecting the Offer Notice.
Failure by Tenant to deliver notice within
said period shall be deemed a rejection of
the First Option Space and Tenant shall
have no further rights to such space. If
Tenant exercises its option, the term shall
be co-terminus with the remaining term of
the Lease. Base rent, tenant improvements
and the base year shall be determined in
accordance with Section 5.1.4.2 (market
evaluation, arbitration, etc.) of the
Lease. The period to agree on terms shall
be reduced to 15 business days.
Page 3 of 6
IDEALAB!
FIRST AMENDMENT TO LEASE ABSTRACT
FOR 2ND, 3RD & 8TH FLOORS
74 N. PASADENA AVENUE
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"Second Option Space": Provided Tenant has
exercised its First Option, Tenant shall
have a Second Option on the remaining
floors of the Building. All of the terms
and conditions of the First Option Space
and Offer Notice shall apply to the Second
Option. If Lessor requires an extension of
the Lease Term, the extended term shall be
for no more than 3 years, depending on the
term remaining on Tenant's existing Lease,
and the Base Rent shall be determined in
accordance with Section 5.1.4.2 (market
evaluation, arbitration, etc.) of the
Lease. If the Second Option Space is
exercised during Tenant's option period,
then Tenant shall be granted one additional
five year option, to be exercised by Tenant
in writing, at least one year from the
expiration of the remaining lease term. The
base rent and other terms shall be in
accordance in Section 5.1.4.2 of the Lease.
If Tenant does not exercise its option for
the Second Option Space, its rights with
respect to the Second Option Space shall
become subordinate to the rights granted to
other tenant(s) who lease new space and/or
expand their premises at the East Annex or
the West Annex of the Parsons Campus after
Tenant's rejection of the Second Option
Space.
The above expansion options are subject to
existing leases, including options existing
at the time of the execution of the First
Amendment.
Page 4 of 6
IDEALAB!
FIRST AMENDMENT TO LEASE ABSTRACT
FOR 2ND, 3RD & 8TH FLOORS
74 N. PASADENA AVENUE
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BELOW IS A STACKING PLAN FOR THE WEST ANNEX.
TENANT FLOOR RENTABLE TERMINATION OPTIONS
SQ. FT. DATE
Kaiser Basement 17,420 07/31/03 2 @ 1 Yr
Kaiser 1st 29,064 10/31/01 1 @ 5 Yrs
Kaiser 4th 29,064 09/30/03 2 @ 1 Yr
Kaiser 7th 29,064 10/30/03 2 @ 1 Yr
Arco 5th & 6th 58,128 09/14/03 None
RENEWAL OPTIONS One five year option, at fair market in
(PARAGRAPH 4, PAGE 4 OF THE accordance with Paragraph 5.1.4.2 of the
FIRST AMENDMENT) Lease. Must be exercised by 10/31/03 (one
year in advance).
Pursuant to Tenant's Second Option Space
expansion rights, Tenant shall have an
additional five year renewal option if
Second Option Space expansion has been
exercised during Tenant's first five year
option (see Article 6.2.2 of the First
Amendment to Lease and Article 29.19.5 of
the Lease Agreement).
FEMA RELOCATION Tenant shall reimburse Landlord for actual
(PARAGRAPH 7, PAGE costs incurred by the Federal Emergency
6 OF THE FIRST AMENDMENT) Management Authority in its relocation from
the 2nd floor of the West Annex to the East
Annex. Such reimbursement shall not exceed
$50,000 and shall be based on actual costs
verified by copies of invoices. Payment
must be made, to Landlord, within 20 days
of receipt of invoices.
Page 5 of 6
IDEALAB!
FIRST AMENDMENT TO LEASE ABSTRACT
FOR 2ND, 3RD & 8TH FLOORS
74 N. PASADENA AVENUE
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AFTER-HOURS HVAC After-hours HVAC - Exhibit "E" modified
PARAGRAPH 10, PAGE 7 OF as follows:
THE FIRST AMENDMENT)
HOURLY RATES
1 FLOOR 2 FLOORS 3 FLOORS
------- -------- --------
Less than 2 hours in
A 24-Hour Period $30 $56 $84
2-3 Hours in a
24-Hour Period $25 $46 $69
3 or More Hours in
a 24-Hour Period $23 $42 $63
BUILDING SIGNAGE Tenant has the right, at its sole cost and
(PARAGRAPH 8, PAGE 6 OF expense, to install a second monument sign
THE FIRST AMENDMENT) at the Union Street entrance to the
building.
At the time Tenant has under lease,
sublease or assignment, or any combination
thereof, 4 full floors of the West Annex,
provided Tenant has committed in writing
for a 5th floor when available, then Tenant
shall have the right at its sole cost and
expense, to top of the building signage,
facing Union Street, such signage to be
consistent with the size of Parson's
signage.
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