THIRD AMENDMENT TO LEASE
This THIRD AMENDMENT TO LEASE is made this, 20th day of September 2010, by and between 2121 SECOND STREET INVESTORS, LLC (as Landlord) and MARRONE BIO INNOVATIONS, INC., a Delaware Corporation (as Tenant) having an office at 2121 Second Street, Suite B-107, Davis, California.
Davis Commerce Center, LLC (Landlords predecessor in interest) and Marrone Organic Innovations, Inc., having entered into a lease (the Lease) dated August 3, 2007 for suites B-106 & B-107 as amended by the First Amendment to Lease, as amended by the Second Amendment to Lease in the Project known as Davis Commerce Park, Davis, California; and
WHEREAS, LANDLORD and TENANT are desirous of amending said Lease in the manner as set forth below, hereby agree as follows:
The parties hereto agree to increase the size of the demised premises by 5,254 square feet in the suite known as A-107 as shown on the attached Exhibit A, effective January 1, 2011 or upon substantial completion of Tenant Improvements. The total occupied space shall hereafter consist of 16, 212 square feet.
The Lease term for suite A-107 shall be fifty (50) months beginning January 1, 2011 or upon substantial completion of the Tenant Improvements and will terminate on February 28, 2015. In the event the lease for suite A-107 commences after January 1, 2011, the three (3) months free rent shall begin on the revised commencement date and the termination date shall remain at February 28, 2015.
BASE MONTHLY RENT:
Beginning January 1, 2011 Tenant shall pay to Landlord during the remaining Lease Term for suite A-107 monthly rent as follows:
January 1, 2011 March 31, 2011
April 1, 2011 February 28, 2012
March 1, 2012 February 28, 2013
March 1, 2013 February 28, 2014
March 1, 2014 February 28, 2015
$1.35 per sq. ft. NNN
$1.40 per sq. ft. NNN
$1.45 per sq. ft. NNN
$1.50 per sq. ft. NNN
Landlord shall provide at its sole expense the tenant improvements as shown on the space plan attached hereto as Exhibit A in the amount of $164,675.00 as shown on the attached bid breakdown marked Exhibit B. Any design changes as may be requested by Tenant to the A-107 space plan resulting in an increase to the construction costs shall be the Tenants sole responsibility.
No additional security deposit shall be required.
All of the terms, covenants, provisions and agreements of the Lease as amended herein shall remain in full force and effect; except to the extent inconsistent with the terms, covenants, conditions and provisions of the Third Amendment to Lease, in which case the terms, covenants, conditions and provisions of this Third Amendment shall control.
Agreed and Accepted this 20th day of September, 2010.
|2121 SECOND STREET INVESTORS, LLC|| |
MARRONE BIO INNOVATIONS, INC.,
a Delaware Corporation
/s/ Dan Fivey
|/s/ Julie I. Morris|
|Dan Fivey||Julie I. Morris|
|Managing Partner||Its:||Chief Financial Officer|