BUILD TO SUIT INDUSTRIAL LEASE
Effective Date: June 25, 1996
(The date set forth below Landlord's signature.)
BASIC LEASE INFORMATION
Landlord: |
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CATELLUS DEVELOPMENT CORPORA Tl ON, a Delaware corporation |
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Landlord's Address For Notice: |
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1065 N. Pacifi Center Drive, Suite 200 Anaheim, CA 92806 Attn: Asset Management Telephone: (714) 630-8100 Fax: (714) 237-7416 |
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Landlord's Address For Payment of Rent: |
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File#53694Los Angeles, CA 90074-3694 |
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Tenant: |
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VIEWSONIC CORPORATION, a California corporation |
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Tenant's Address For Notice: |
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Prior to the Commencement Date: View Sonic Corporation20480 Business Parkway Walnut, CA 91789 Ann: Ms. Dawn Andersen Telephone: (909) 444-8875 Fax: (909) 468-3757 After the Commencement Date: At the Premises |
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Real Property: |
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That certain 16� acre parcel of real property situated in the City of Industry, County of Los Angeles, State of California, as more particularly described in Exhibit A, attached hereto. |
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Project: |
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Catellus Commerce Center |
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Improvements: |
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An office/warehouse building (the "Building") to contain approximately 300,000 rent able square feet and all related facilities and improvements now or hereafter located at the Real Property. |
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Term: |
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Sixty (60) months |
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Estimated Commencement Date: |
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Three hundred thirty (330) days from the Effective Date. |
Base Rent Per Month: |
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Ninety thousand dollars ($90,000.00), subject to adjustment pursuant to Section 3.4. |
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Security Deposit: |
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Waived, subject to Section 3.3. |
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Broker: |
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Landlord shall pay a brokerage commission in connection with this Lease to The See ley Company who shall be responsible for any commission due Cushman& Wake field in connection with this Lease. |
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Permitted Uses: |
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Warehousing, distribution, service, repair, office and all other lawful related purposes. |
EXHIBITS |
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A |
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Legal Description |
B |
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Work Letter |
C |
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Site Plan |
D |
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Commencement Date Memorandum |
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Prohibited Uses |
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Estoppel Certificate |
G |
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Depiction of Building Land/Excess Land |
H |
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Subordination, Non-Disturbance and Attornment Agreement |
The Basic Lease Information set forth above and the Exhibits attached hereto are incorporated into and made a part of the following Lease. Each reference in this Lease to any of the Basic Lease Information shall mean the respective information above and shall be construed to incorporate all of the terms provided under the particular Lease paragraph pertaining to such information. In the event of any conflict between the Basic Lease Information and the provisions of the Lease, the latter shall control.
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LANDLORD's INITIALS |
/s/ GA |
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LANDLORD's INITIALS |
/s/ JC |
1. PREMISES.
1.1 Premises. Landlord hereby leases to Tenant the Real Property. The Real Property will be improved with the Improvements to be constructed by Landlord as more fully described in the Work Letter attached hereto as Exhibit B. The Real Property and the Improvements are hereinafter collectively referred to as the "Premises." A Site Plan of the Premises is attached hereto as Exhibit C.
1.2 Reserved Rights. Landlord reserves the right to enter the Premises upon not less than 24-hours notice to Tenant (except in case of an emergency) to inspect the Premises and/or the performance by Tenant of the terms and conditions hereof. In addition, Landlord reserves the right upon not less than 24-hours notice to Tenant (except in case of an emergency) to undertake the following: (i) install, use, maintain, repair, alter, relocate or replace any pipes, ducts, conduits, wires, equipment and other facilities in the Building; (ii) grant easements encumbering the Project and dedicate for public use portions thereof; (iii) record covenants, conditions and restrictions ("CC&R's") affecting the Project and/or amendments to existing CC&R's; change the name of the Project; (v) affix reasonable signs and displays; and (vi) during the last six (6) months of the Term, show the Premises to prospective tenants, provided that no such activity shall increase Tenant's obligations or decrease Tenant's rights hereunder or unreasonably interfere with Tenant's access to, or use of, the Premises.
1.3 Compliance with Law. Landlord represents and warrants to Tenant that the Premises, in its state existing of the Commencement Date, does not violate any statute, law, building code, regulation, ordinance, covenant, or restriction of record in effect on such Commencement Date, including, without limitation, the Americans With Disabilities Act. In the event that it the Premises are not in compliance with the requirements of the representation and warranty, Landlord, after notice from Tenant, shall promptly and at its sole cost and expense rectify any such condition of non-compliance. In the event that Tenant fails to give Landlord written notice of any such condition of non-compliance within thirty (30) days after Tenant discovers such condition on non-compliance, the correct of such condition shall be the obligation of Tenant, at Tenant's expense.
1.4 Condition of Premises. Landlord shall deliver the Premises to Tenant clean and free of debris on the Commencement Date and Landlord further represents and warrants to Tenant that the heating, ventilation, air conditioning, plumbing, lighting, life-safety, mechanical and electrical systems in the Premises and the roof, windows and sewer components of the Building shall be in good operating condition of the Commencement Date. In the event that it the Premises are not in compliance with the requirements of the representation and warranty, Landlord, after notice from Tenant, shall promptly and at its sole cost and expense rectify any such condition of non-compliance. In the event that Tenant falls to give Landlord written notice of any such condition of non-compliance within thirty (30) days after Tenant discovers such condition on non-compliance, the correct of such condition shall be the obligation of Tenant, at Tenant's expense.
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