Preview | Standard Multi-Tenant Industrial Lease (Net) [Form] | Hopkins Properties LLC; Curon Medical Inc

Document Preview

Standard Multi-Tenant Industrial Lease (Net) [Form]

Click "Add to Cart" button to purchase document.
Documents are emailed immediately after purchase.
You can also browse documents by title, category, or company... or click here for help finding documents.

Title:

Standard Multi-Tenant Industrial Lease (Net) [Form]

Entities:

Curon Medical, Inc.; Hopkins Properties LLC; Curon Medical Inc

Date:

2003

Size:

Preview shows 50KB of 167KB total

Price:

$81

ID:

#166836

► Leasing ► Industrial ► By States ► California Industrial Lease Agreements
► Healthcare ► Medical Equipment & Supplies

Start of Preview

STANDARD FORM

MULTI-TENANT INDUSTRIAL LEASE

(NET)

LANDLORD:		Hopkins Properties LLC,
		a California Limited Liability Company



TENANT:		Curon Medical, Inc. a Delaware Corporation



PROJECT:		46117 & 46107 Landing Parkway



CITY, STATE:		Fremont, California



DATE:		June 26, 2003

STANDARD FORM MULTI-TENANT INDUSTRIAL LEASE

(NET)

TABLE OF CONTENTS

		Page
1. Basic Lease Terms		1
2. Premises		2
3. Lease Term and Option To Extend Lease		2
4. Possession		3
5. Rent		3
6. Additional Rent		3
7. Prepaid Rent		4
8. Security Deposit		4
9. Use of Premises and Project Facilities		4
10. Surrender of Premises Holding Over		5
11. Signage		5
12. Taxes		5
13. Parking		6
14. Utilities		6
15. Maintenance		6
16. Alterations		6
17. Release and Indemnity		6
18. Insurance		7
19. Destruction		7
20. Condemnation		8
21. Assignment or Sublease		8
22. Default		9
23. Landlords Remedies		9
24. Default by Landlord		9
25. Entry of Premises and Performance by Tenant		9
26. Subordination		10
27. Notice		10
28. Waiver		10
29. Limitation of Liability		10
30. Force Majeure		11
31. Professional Fees		11
32. Examination of Lease		11
33. Estoppel Certificate		11
34. Rules and Regulations		11
35. Liens		11
36. Miscellaneous Provisions		11

ADDENDUM

EXHIBITS

A. Building Floor Plan Showing Premises		A-1
B. Project Site Plan		B-1
C. Work Letter Agreement		C-1
D. Notice of Lease Term Dates		D-1
E. Tenant Estoppel Certificate		E-1
F. Rules and Regulations		F-1
G. Project Signage Criteria		G-1
H. Hazardous Materials Addendum		H-1
I. Hazardous Materials Questionnaire		I-1
J. Building As Is Condition		J-1

STANDARD INDUSTRIAL LEASE

(NET)

1.	BASIC LEASE TERMS.

	a.	DATE OF LEASE EXECUTION:	June 26, 2003

	b.	TENANT:	Curon Medical, Inc. a Delaware Corporation
		Trade Name:	___________________
		Address (Leased Premises):	46117 & 46107 Landing Parkway
		City, State Zip Code	Fremont, California 94538
		Building/Suite/Unit:	_______

	c.	LANDLORD:	Hopkins Properties, LLC, a California Limited Liability Company

		Address (FOR RENT AND NOTICES):	289 Safari Way Pacheco, California 94553

	d.	TENANTS PERMITTED USE OF PREMISES: Sales, storage, distribution, offices, marketing, prototype machine shop, research, development and manufacture of medical devices.

	e.	PREMISES: Those Certain Premises Defined in PARAGRAPH 2 Below.

	f.	PREMISES AREA: Approximately 35,136 Rentable Square Feet

	g.	PROJECT AREA: Approximately 46,944 Rentable Square Feet

	h.	PREMISES PERCENT OF PROJECT: 74.847 % on a Rentable Square Foot Basis

	i.	TERM: Commencement Date: September 1, 2003 Expiration Date: October 31, 2006

		Number of Months 38

	j.	MONTHLY BASIC RENT: Twenty-one thousand eighty-one and 60/100 Dollars ($ 21,081.60)

	k.	ANNUAL BASIC RENT: Two hundred fifty-two thousand nine hundred seventy nine and 20/100 Dollars ($252,979.20)

	l.	RENT ADJUSTMENT:

		(1) Cost of Living. N/A

		(2) Step Increase. If this provision is initialed, the step adjustment provisions of Subparagraph 5(d) apply as follows:


	Effective Date of Rent Increase	New Base Monthly Rent
GVH/LCH	September 1, 2004	$ 21,784.32
initialed	September 1, 2005	$ 22,325.00
	-------------, 19---	$----------
	-------------, 19---	$----------


		m.		OPERATING EXPENSES: See Paragraph 6). NNN lease. Current monthly expenses are $9,486.72

		n.		PREPAID RENT (for 7^th month of term): Thirty thousand five hundred sixty-eight and 32/100 Dollars ($ 30,568.32).

		o.		TOTAL SECURITY DEPOSIT: $100,000 paid at lease execution by Tenant.

		p.		BROKER(S): SARES REGIS GROUP Joseph Blair

		q.		GUARANTOR(S): NONE

		r.		TENANT IMPROVEMENTS: Landlord provides the premises and tenant accepts the premises in as is condition.

		s.		TENANT IMPROVEMENT ALLOWANCE: If applicable, Landlord grants to Tenant a Tenant Improvement Allowance pursuant to the terms of the Work Letter Agreement attached hereto as Exhibit C.

		t.		PARKING: Not more than 70 reserved vehicle parking spaces, which includes Tenants prorata share of visitor parking spaces for the Project. Landlord shall mark the spaces with tenants name prior to commencement of the lease.

		u.		ADDITIONAL SECTIONS: Additional sections of this Lease, contained in the Addendum to the Lease.

		v.		RIDERS: No riders are attached.

		w.		EXHIBITS: Exhibits lettered A through J are attached hereto and made a part hereof.

				This Paragraph 1 represents a summary of the basic terms of this Lease. In the event of any inconsistency between the terms contained in this Paragraph 1 and any specific provision of this Lease, the terms of the more specific provision shall prevail.

2.	PREMISES.

(a)

Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, the premises referenced in Paragraph 1 and outlined in Exhibit A (the Premises), located in the building (the Building) which is part of the project described on Exhibit B (the Project). Landlord reserves the right to modify Tenants percentage of the Project as set forth in Paragraph 1 if the Project size is increased through the development of additional property or decreased through the sale or other transfer of a portion of the Project. By entry on the Premises, Tenant acknowledges that it has examined the Premises and accepts the Premises in their present condition, subject to any additional work Landlord has agreed to perform pursuant to the provisions of this Lease.

(b)

The parties agree that the letting and hiring of the Premises is upon and subject to the terms, covenants and conditions herein set forth and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of said terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance.

(c)

The term Rentable Square Feet as used in this Lease shall include a portion of the total square feet contained in any lobby or building common areas of the Building, such portion to approximate Tenants Percentage (as shown in Subparagraph 1(h)) of said total square feet. Such portion shall be determined by Landlord by measuring the area within the bounds of the inside surface of the glass in the outer wall of the Building and the surface facing the Premises of all partitions separating the Premises from the building core, adjoining tenant space and public corridors and other Common Areas as defined in this Lease. No deductions shall be made for space occupied by structural or functional columns or other projections. For purposes of establishing the initial Tenants Percentage, Annual Expense Allowance and Annual Basic Rent as shown in Paragraph 1 of this Lease, the number of Rentable Square Feet of the Premises is deemed to be as set forth in Subparagraph 1(f) and the number of Rentable Square Feet of the Project is deemed to be set forth in Subparagraph 1(g). Tenant shall confirm the accuracy of the premises square footage prior to execution of this lease. Tenant waives any claim against Landlord regarding the accuracy of any square footage measurement and agrees that there shall not be any adjustment in basic rent or expense reimbursements or other amounts payable hereunder by reason of inaccuracies in such measurement.

(d)

Landlord reserves the right from time to time without unreasonable interference with Tenants use of the Premises to do and perform such acts and make such changes in, to or with respect to the common areas within the Project which are intended for the non-exclusive use of the tenants of the Project (Common Areas), the Building or the Project as Landlord may, in the exercise of sound business judgment, deem to be appropriate.

End of Preview

Home Intelligence Services Subscriptions News About Us