Sample Business Contracts


California-Sunnyvale-100/150 Mathilda Place Lease [Amendment] - M-F Downtown Sunnyvale LLC and Handspring Facility Co. LLC

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. 

RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:

First American Title Insurance Company
1737 N. First Street
San Jose, California 95112
Attn:  Dian Blair


                    MEMORANDUM OF AMENDED AND RESTATED LEASE

        This Memorandum of Amended and Restated Lease is entered into as of
January 29, 2003 by and between M-F DOWNTOWN SUNNYVALE, LLC, a Delaware limited
liability company ("Landlord") and HANDSPRING FACILITIES COMPANY, LLC, a
Delaware LLC ("Tenant"). Landlord hereby leases to Tenant and Tenant hereby
leases from Landlord, that certain real property situated in Sunnyvale, Santa
Clara County, California, more particularly described as follows:

        Parcel 4 as shown and described on that certain Parcel Map filed for
        record in the Office of the Recorder of the County of Santa Clara, State
        of California, on November 22, 2000 in Book 734 of Maps at pages 17
        through 21, inclusive;

upon and subject to the terms and conditions set forth in that certain
unrecorded Amended and Restated Lease Agreement (Building 3) (the "Lease")
between Landlord and Tenant and dated as of January 29, 2003.

        The term of the Lease is for five (5) years commencing on January 29,
2003, with the right on the part of Tenant to extend the term for five (5)
consecutive periods of five (5) years each. Tenant's right to assign the Lease
or sublease the premises which is the subject of the Lease is limited as set
forth in said Lease.

        The Lease is incorporated herein by this reference, and words and
phrases used in this Memorandum which are not defined herein shall have the
meanings given to them in the Lease. In the event, and to the extent, that any
of the terms and provisions of this Memorandum are inconsistent with the terms
and provisions of the Lease, the terms and provisions of the Lease shall govern
and prevail.

        This Memorandum may be executed in one or more separate counterparts,
each of which, when so executed, shall be deemed to be an original. Such
counterparts, together, shall constitute the one and the same instrument.

                         [SIGNATURES BEGIN ON NEXT PAGE]
<PAGE>
LANDLORD                                           TENANT:

M-F DOWNTOWN SUNNYVALE, LLC,           HANDSPRING FACILITY COMPANY, a
Delaware limited liability company     LLC, a Delaware limited liability company

By: M-D Ventures, Inc., a California   By: Handspring, Inc. a Delaware
    Corporation, its Manager               corporation, its Managing Member


    By:    /s/ John Mozart                 By:    /s/ Donna Dubinsky
           ----------------------                 ----------------------
           John Mozart
                                                  ------------------
           Its President                          Its  CEO
                                                      --------------
<PAGE>
STATE OF CALIFORNIA          )
                             )  ss.
COUNTY OF ______________     )


        On January __, 2003, before me, _______________________, personally
appeared John Mozart, personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person whose name is subscribed to the within
instrument and acknowledged to me that he/she executed the same in his/her
authorized capacity, and that by his/her signature on the instrument the person,
or the entity upon behalf of which the person acted, executed the instrument.

        WITNESS my hand and official seal.

                                           -------------------------------------
                                                       Notary Public
<PAGE>
STATE OF CALIFORNIA          )
                             )  ss.
COUNTY OF ______________     )


        On January __, 2003, before me, _______________________, personally
appeared _______________________, personally known to me (or proved to me on the
basis of satisfactory evidence) to be the person whose name is subscribed to the
within instrument and acknowledged to me that he/she executed the same in
his/her authorized capacity, and that by his/her signature on the instrument the
person, or the entity upon behalf of which the person acted, executed the
instrument.

        WITNESS my hand and official seal.

                                           -------------------------------------
                                                       Notary Public

ClubJuris.Com