|
|
|
|
Document Preview Lease Agreement |
||||
|
|
||||
|
Click "Add to Cart" button to purchase document. |
||||
|
|
||||
|
Title: |
Lease Agreement |
|||
|
Entities: |
||||
|
Date: |
2000 |
|||
|
Size: |
Preview shows 11KB of 203KB total |
|||
|
Price: |
$64 |
|||
|
ID: |
#859066 |
|||
|
|
||||
|
||||
|
|
||||
|
Start of Preview |
||||
LEASE AGREEMENT
by and between
CARIBBEAN/GENEVA INVESTORS
AND CROSSMAN PARTNERS, L.P.
("LANDLORD")
and
HARMONIC, INC.
("TENANT")
DATED AS OF MAY 24, 2000
<PAGE> 2
EXHIBITS
Exhibit "A" Premises
Exhibit "B" Land
Exhibit "C" Declaration of Covenants, Conditions and Restrictions
Exhibit "D" Rules and Regulations
Exhibit "E" Form of Tenant Estoppel Certificate
Exhibit "F" Subordination, Nondisturbance and Attornment Agreement
- i -
<PAGE> 3
BASIC LEASE INFORMATION
Lease Date: May 24, 2000
Landlord: Caribbean/Geneva Investors, a California
limited partnership, and Crossman Partners,
L.P., a California limited partnership, Tenants
In Common
Managing Agent: The Mozart Development Company
Landlord's and Managing
Agent's Address: c/o The Mozart Development Company
1068 East Meadow Circle
Palo Alto, CA 94303
Attn: James Freitas & John Mozart
Tenant: Harmonic, Inc., a Delaware corporation
TENANT'S ADDRESS: FOR NOTICE FOR BILLING
549 Baltic Way 549 Baltic Way
Sunnyvale, CA 94089 Sunnyvale, CA 94089
Attn: Robin Dickson, Attn: Robin Dickson,
Chief Financial Chief Financial
Officer Officer
Building: The building located at 1322 Crossman Avenue,
Sunnyvale, California
Premises: The entire Building as depicted on Exhibit "A"
Land: The Real Property described on Exhibit "B"
Rentable Area of the Premises: 52,325 rentable square feet ("Rentable Area")
Parking Spaces: All parking spaces located on the Land
Tenant's Use of the Premises: General office, research, development,
manufacturing, storage and distribution,
production, marketing and distribution
Lease Term: Ten (10) years (the "Initial Term"), with the
right to extend for two (2) additional five (5)
year terms (each an "Extension Term") in
accordance with Paragraph 42. The Initial Term,
and any Extension Term(s) shall collectively be
defined as the "Term"
Estimated Availability Date: September 1, 2000
Monthly Base Rent: $3.25 per rentable square foot of the Rentable
Area of the Premises.
Monthly Base Rent
Adjustment: On each anniversary of the Commencement Date,
the Monthly Base Rent shall increase by four
percent (4%) of the Monthly Base Rent for the
immediately prior year
Tenant's Share of
Expenses and Taxes: 100%
Security Deposit: $193,600
- ii -
<PAGE> 4
Guarantor of Lease: None
Landlord's Broker: None
Tenant's Broker: Cornish & Carey
Broker's Fee or Commission,
if any, paid by: Landlord, pursuant to separate agreement
The foregoing Basic Lease Information is hereby incorporated into and made a
part of this Lease. Each reference in this Lease to any of the Basic Lease
Information shall mean the respective information hereinabove set forth and
shall be construed to incorporate all of the terms provided under the particular
paragraph pertaining to such information. In the event of any conflict between
any Basic Lease Information and the Lease, the latter shall control.
LANDLORD:
CARIBBEAN/GENEVA INVESTORS
a California Limited Partnership
By: /s/ JOHN MOZART
------------------------------------------
John Mozart, Trustee of the Mozart
Family Trust dated September 8, 1977
Its: General Partner
By: /s/ JOHN LOVEWELL
------------------------------------------
John Lovewell
Its: General Partner
CROSSMAN PARTNERS, L.P.,
a California Limited Partnership
By: /s/ JOHN MOZART
------------------------------------------
John Mozart, Trustee of the Mozart
Family Trust dated September 8, 1977
Its: General Partner
TENANT:
HARMONIC, INC.,
a Delaware corporation
By: /s/ ANTHONY J. LEY
------------------------------------------
ANTHONY J. LEY
------------------------------------------
Its: PRESIDENT
--------------------------------------
By: /s/ ROBIN N. DICKSON
------------------------------------------
ROBIN N. DICKSON
------------------------------------------
Its: CHIEF FINANCIAL OFFICER
--------------------------------------
- iii -
<PAGE> 5
LEASE AGREEMENT
THIS LEASE AGREEMENT (the "Lease") is made and entered into as of May
24, 2000, by and between CARIBBEAN/GENEVA INVESTORS, a California Limited
Partnership and CROSSMAN PARTNERS, L.P., a California Limited Partnership, as
Tenants in Common (herein collectively called "Landlord"), and HARMONIC, INC., a
Delaware corporation (herein called "Tenant").
Upon and subject to the terms, covenants and conditions hereinafter set
forth, Landlord hereby leases to Tenant and Tenant hereby hires from Landlord
those premises (the "Premises") outlined on EXHIBIT A, comprising the entire
rentable area in the Building located at 1322 Crossman Avenue in Sunnyvale,
California (hereinafter referred to as the "Building") specified in the Basic
Lease Information attached hereto. Prior to the execution of this Lease, Tenant
has reviewed and approved the Rentable Area specified in the Basic Lease
Information, which shall be conclusive and binding on the parties for purposes
of calculating Rent and the Tenant Allowance hereunder notwithstanding any
measurement or remeasurement by Landlord, Tenant or any other party that may now
or hereafter indicate a different Rentable Area. The Building, together with the
associated land specified in the Basic Lease Information and improvements is
referred to as the "Project." The term "Common Area" shall mean all areas and
facilities within the Project that are not designated by Landlord for the
exclusive use of Tenant or any other tenant or other occupant of the Project
that are located outside the perimeter (including footings) of the Building,
including the parking areas, access and perimeter roads, pedestrian sidewalks,
landscaped areas, trash enclosures, recreation areas and the like.
1. OCCUPANCY AND USE. Tenant may use and occupy the Premises for the
purposes specified in the Basic Lease Information ("Permitted Use"), subject to
the terms and conditions of this Lease, and for no other use or purpose without
the prior written consent of Landlord. Landlord shall have the right to grant or
withhold consent to a use other than as specified in the Basic Lease Information
in its sole discretion. Tenant shall be entitled to the nonexclusive use of the
Common Area with Landlord and other occupants (if any) of the Project in
accordance with the Rules and Regulations established by Landlord from time to
time. Notwithstanding anything to the contrary in the Basic Lease Information or
in this Lease, Tenant understands and agrees that the Declaration of Covenants,
Conditions and Restrictions ("CC&Rs") described in EXHIBIT C encumbers the
Project and that Tenant's Occupancy and Use of the Premises are restricted by,
and Tenant shall fully comply with any and all restrictions on the use of the
Premises specified in, such CC&Rs.
2. TERM AND POSSESSION.
(a) The term of this Lease (the "Term") shall be for the period
specified in the Basic Lease Information (or until sooner terminated as herein
provided), commencing on the Commencement Date and expiring on the Expiration
Date. The "Commencement Date" shall be the earlier to occur of (i) thirty (30)
|
End of Preview |
Home Intelligence Services Subscriptions News About Us