Parking from Amendment to Lease
THIS TWELFTH AMENDMENT TO LEASE ("Amendment") dated this 12th day of May, 2015 (the "Amendment Date"), is made and entered into by and between HOLLIS STREET INVESTORS II, L.L.C., a Delaware limited liability company ("Landlord") and LEAPFROG ENTERPRISES, INC., a Delaware corporation ("Tenant").
Parking. From and after the Commencement Date, Tenant shall have the right to use four (4) unreserved self-park spaces per 1,000 rentable square feet of the Premises for a total of three hundred two (302) parking spaces in the Building's common parking facilities ("Allocated Parking Spaces"), twenty-four hours a day, seven days a week (subject to Landlord's repair and maintenance obligations under the Lease and to Force Majeure), upon such terms and conditions as may from time to time be reasonably established by Landlord. Commencing on the first day of the first calendar month after the Commencement Date and on the first (1st) day of each calendar month during the Term thereafter, Tenant shall pay an initial charge of Fifty Dollars ($50.00) per month for each Allocated Parking Space used by Tenant in the immediately preceding month (the "Parking Charge"), and such Parking Charge, which shall be payable in arrears, shall be considered additional Rent for all purposes under this Lease. Commencing on the first anniversary of the Commencement Date and on each anniversary of the Commencement Date for the remainder of the Term, the Parking Charge shall increase by three percent (3%) of the amount paid as the Parking Charge for the immediately preceding year. Tenant shall not use in excess of the number of parking spaces for which it is paying the Parking Charge, and Tenant agrees to cooperate with Landlord and other tenants in the use of the parking facilities. Landlord reserves the right, in its reasonable discretion, to determine whether the parking facilities are becoming crowded and to allocate and assign parking spaces among Tenant and the other tenants; provided Landlord shall not reduce the number of Allocated Parking Spaces to which Tenant is entitled, and provided, further that Landlord shall not implement a valet system without providing Tenant with prior written notice thereof. Landlord shall not be liable to Tenant, nor shall the Lease be affected, if any parking is impaired by moratorium, initiative, referendum, law, ordinance, regulation or order passed, issued or made by any Governmental Authority or by fire or other casualty. Upon Landlord's request, Tenant shall provide Landlord with written notice of the names of each party to whom Tenant from time to time distributes Tenant's parking rights hereunder (all of whom must be employees, temporary employees, independent contractors, partners, members, or shareholders, as applicable, of Tenant or any permitted subtenant under the Lease), and upon Landlord's request, Tenant shall cause each such party to execute Landlord's standard contract and waiver form for use of the parking facilities. If the Parking Charge is not paid when due, and such failure continues for thirty (30) days after written notice thereof to Tenant, then Landlord may terminate Tenant's rights under this Section 8 as to the number of parking spaces for which the Parking Charge has not been paid in full until such time as the Parking Charge has been paid in full. The parking rights in this Section 8 are personal to the Tenant and any permitted subtenants, assignees or Affiliates and shall not inure to the benefit of any other party. For the avoidance of doubt, from and after the Commencement Date, all references to the parking rights or spaces offered to Tenant or charges payable by Tenant in connection therewith under Section 28 of the Original Lease and all amendments to the Original Lease shall be deleted in their entirety and of no further force and effect. For purposes of this Amendment, "Governmental Authority" shall mean the United States of America, the state in which Building A is located, any county, city, district, municipality or other governmental subdivision, court or agency or quasi-governmental agency with jurisdiction and any board, agency or authority associated with any such governmental entity. Notwithstanding the above, Tenant shall continue to have the right to use unlimited parking spaces beyond the Allocated Parking Spaces (the "Additional Parking Spaces") until such time as Landlord determines, in its sole discretion, that Tenant shall not be permitted to use such Additional Parking Spaces, and provides Tenant with written notice thereof. Tenant shall be required to pay Landlord the Parking Charge for any Additional Parking Spaces used by Tenant in the same manner as required for the Allocated Parking Spaces. Tenant shall not be required to use all of the Allocated Parking Spaces and Tenant shall only be charged for the number of Allocated Parking Spaces actually used by Tenant in any month which shall be tracked by Landlord and Tenant on a monthly basis. Landlord shall deliver a monthly invoice detailing the Parking Charges and the number of parking spaces utilized by Tenant for the prior month. Tenant shall have the right to request supporting documentation to confirm the Parking Charge owed by Tenant and to perform a review of Landlord's records with respect to Pa
Parking from Amendment to Lease Agreement
THIS SECOND AMENDMENT TO LEASE AGREEMENT (this "Amendment") is made and entered into as of May 6, 2014, by and among DAGMAR DOLBY, AS TRUSTEE OF THE DOLBY FAMILY TRUST DATED MAY 7, 1999, DAGMAR DOLBY, AS TRUSTEE OF THE RAY DOLBY 2002 TRUST A DATED APRIL 19, 2002, and DAGMAR DOLBY, AS TRUSTEE OF THE RAY DOLBY 2002 TRUST B DATED APRIL 19, 2002 (collectively, "Landlord"), and DOLBY LABORATORIES, INC., a California corporation ("Tenant").
Parking. The section on "Parking" in the Basic Lease Information section of the Existing Lease is hereby deleted in its entirety and replaced with the following:Parking Areas: The entire parking lot consisting of seventy-one (71) unreserved stalls located at 150 Hampshire StreetMonthly Charge for use of Parking Areas: $150.00 per space, which monthly charge shall increase by three percent (3%) per annum, on May 1, 2015 and each anniversary thereof (33)
Parking from Amendment to Lease
This FIRST AMENDMENT TO LEASE (the Amendment) is made this 10 day of January 2013, between HINES GLOBAL REIT 100/140 FOURTH AVE LLC, a Delaware limited liability company (Landlord), and FISHER COMMUNICATIONS, INC., a Washington corporation (Tenant).
Parking. Article 23 of the Lease is hereby deleted in its entirety and replaced with the following: 23.1 Base Parking Allocation. Landlord shall make available to Tenant three hundred sixty (360) (the Base Allocation) parking passes enabling the holder thereof to park in unreserved spaces in the Garage (the Parking Passes). Landlord and Tenant acknowledge that Tenant is not required to pay separate fees or charges for the Base Allocation of Parking Passes, and Tenants use of the same is included in the Base Rent payable under this Lease. Upon any reduction in the Premises pursuant to Section 2.3 of this Lease or by agreement with Landlord or otherwise, the Base Allocation shall be reduced in proportion to the reduction in the square footage of the Premises. In addition to the Base Allocation, Tenant may elect to purchase up to thirteen (13) Parking Passes for a monthly fee for each additional Parking Pass purchased equal to the lesser of (a) Two Hundred Dollars (the Base Parking Rate) (plus any applicable taxes or governmental charges) or (b) the then current prevailing rate for unreserved monthly parking in the Garage (plus any applicable taxes or governmental charges). On January 1st of each calendar year, commencing January 1, 2013, the Base Parking Rate shall increase by an amount equal to three percent (3%) of the Base Parking Rate for the prior year. All fees for the additional Parking Passes purchased by Tenant shall be paid monthly in advance on or before the first day of the month. All parking fees shall be considered Additional Rent under this Lease. Tenant may change the number of Parking Passes it needs and may cancel specific Parking Passes from time to time throughout the Term, but shall not be entitled to any refund of parking fees already paid. Tenant shall provide Landlord with notice of any such change (which may be made by letter or email to Landlords designated parking operator or representative) no later than the fifteenth (15th) day of any month for any change Tenant desires to take effect as of the first (1st) day of the following month. If Tenant timely provides a change notice, Landlord shall make all additional Parking Passes requested (up to the maximum of thirteen (13) that Tenant is entitled to hereunder) available to Tenant by the first (1st) day of such following month or, for any requested cancellation, Tenant shall no longer be charged for the Parking Passes cancelled after the end of the month in which such notice is given. Tenant shall pay for the cost of all lost, stolen or damaged Parking Passes. 23.2 Operations Parking; Reserved Parking. Tenant shall have the right at all times without charge, to park and store news, operations and technology vehicles and equipment in the portion of level P2 of the Garage that is segregated and reserved for Tenants exclusive use 24/7/365 as existing on the Commencement Date (the Operations Parking). The Operations Parking consists of an agreed area containing twenty seven (27) parking spaces. Additionally, certain parking spaces in the Garage are currently marked as Reserved and holders of Tenants Parking Passes shall have the right to exclusive use of fifteen (15) of such reserved spaces 24/7/365. Landlord shall at all times clearly mark such spaces as Reserved 24 hours. Throughout the balance of the Term, Landlord shall continue to mark the same number of spaces as reserved, but the parties may change the location of the reserved spaces from time to time by mutual agreement. Except as expressly provided in this Section 23.2, no specific spaces in the Garage shall be assigned to Tenant. 23.3 Parking Rent Credit. Base Rent under the Lease shall remain unchanged, but effective as of and retroactive to April 1, 2012, Tenant shall be entitled to a monthly credit against Base Rent in the amount of Ten Thousand Dollars ($10,000) per month (the Parking Credit). On January 1st of each calendar year, commencing January 1, 2013, the Parking Credit shall increase by an amount equal to three percent (3%) of the Parking Credit for the prior year. Landlord shall reconcile and give effect to the retroactive portion of the Parking Credit within thirty (30) days after full execution of this Amendment. 23.4 Additional Parking. If Landlord determines in its discretion that the Garage has sufficient capacity to provide additional parking after satisfying the parking requirements in other tenants leases, Tenant may purchase additional Parking Passes (in excess of the number provided for in Section 23.1) at the then prevailing rate for parking in the Garage as such rate may change from time to time plus any applicable taxes or governmental charges. Tenant agrees that Landlord may provide other tenants with a minimum of two (2) parking passes for each one thousand (1,000) feet of rentable area leased by other tenants. If Landlord sells all of the available monthly parking in the Garage, Landlord shall keep a waiting list of persons who desire to purchase monthly park