CMGI Inc. Contracts
Sample Business Contracts
California-Newark-2 Dumbarton Business Center Lease [Amendment No. 1] - Windy Pacific Partners and Pacific Mailing Corp.
Lease Forms
- Start a state-specific lease for the rental of commercial property. Specify the term and rent due, as well as whether the landlord or tenant is responsible for property taxes, insurance, and maintenance and repairs.
- When a tenant vacates commercial property before the lease term has expired, it may be able to rent the premises to a third party. The tenant would be the sublessor and the third party would be the sublessee. Besides preparing a sublease, both parties will want to review the provisions for assignment or subletting in the original lease agreement between the landlord and the sublessor.
- Tenants of residential property should prepare a sublease agreement if they are seeking to sublease a room or the entire apartment or house to a third party. All parties should review the original lease agreement to see if there are any restrictions on subletting or assigning the premises.
- Triple net leases are a type of commercial leases where the tenant has to pay for property taxes, insurance, utilities, and maintenance, in addition to the monthly rent.
- When renting an office space, tenants should understand the amount of the rent and duration of the lease. Other important terms include whether the space can be subleased, which parties are responsible for maintenance, and whether any furniture and furnishings will be provided.
FIRST AMENDMENT TO LEASE BETWEEN WINDY PACIFIC PARTNERS AND PACIFIC MAILING CORPORATION ------------------------------- THIS FIRST AMENDMENT TO LEASE (the "Amendment") is made and entered into as of May 28, 1996 by and between WINDY PACIFIC PARTNERS ("Lessor") and PACIFIC MAILING CORPORATION ("Lessee"). RECITALS -------- A. Lessor and Lessee are parties to that certain lease (the "Lease") dated June 30, 1995 for the building on the real property commonly known as Lot #2, Dumbarton Business Center, Newark, California. B. Lessor and Lessee desire to amend the terms of the Lease as below set forth. AGREEMENT --------- NOW, THEREFORE, Lessor and Lessee agree as follows: 1. Term. Paragraph 49 of the Lease is hereby amended and restated in its ---- entirety to read as follows: 49. Term. The term of this Lease shall commence May 28, 1996 (the ---- "Commencement Date") and end May 27, 2011 (the "Expiration Date"). 2. Initial Base Rent. Paragraph 50.1 of the Lease is hereby amended and ------------------ restated in its entirety to read as follows: 50.1 Initial Base Rent. Monthly Base Rent shall be an amount equal ----------------- to Thirty One Thousand Thirty Nine Dollars ($31,039). Base Rent shall be payable on the first day of each month commencing on the Commencement Date. 3. Base Rent Paid Upon Execution; Security Deposit. Paragraph 51 of the ----------------------------------------------- Lease is hereby amended and restated in its entirety to read as follows: 51. Concurrently with the signing of this Lease, Lessee is paying the sum of $70,739, $35,044 of which is payment of the Base Rent from May 28, 1996 through June 30, 1996 and $35,695 of which is a security deposit to be held in accordance with paragraph 5. -1- <PAGE> 4. Square Footage. The Building contains approximately 73,564 square -------------- feet; provided, however, that there shall be no adjustment in the Base Rent or the other amounts payable by Lessee under this Lease in the event that the actual square footage is other than 73,564. 5. Damage or Destruction. Paragraph 9.6(b) of the Lease is hereby --------------------- amended as follows: The phrase "after said 90 day period but" is hereby added before the word "prior" on line 2 of said paragraph. 6. Condemnation. Paragraph 14 of the Lease is hereby amended as follows: ------------ The phrase "of the land area not occupied by any building" commencing on line 1 of page 8 of the Lease is hereby replaced with the phrase "of that portion of the premises designated for Lessee's parking". 7. Miscellaneous. Except as amended herein, the Lease shall remain in ------------- full force and effect. Defined terms in the Lease shall have the same meaning in this Amendment unless otherwise defined herein. This Amendment constitutes the entire agreement between the parties with respect to the subject matter hereof. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Lease as of the date first set forth above. LESSOR: WINDY PACIFIC PARTNERS, a general partnership By: WINDY HILL INVESTMENT COMPANY, Its: Managing Parter By: /s/ William J. Hurwick ------------------------------------------ William J. Hurwick By: CALIFORNIA PACIFIC COMMERCIAL CORPORATION, a California corporation By: /s/ Dan McGanney, III ------------------------------ Daniel J. McGanney, III LESSEE: PACIFIC MAILING CORPORATION, a California corporation By: /s/ Michael Tuite ----------------------------------------------- Its: President ------------------------------------------ -2-