Standard Sublease (2006)Full Document 

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STANDARD SUBLEASE
(Long-form to be used with pre-1996 AIREA leases)
(NOTE: NOT DESIGNED FOR SITUATIONS WHERE LESS THAN ENTIRE PREMISES ARE BEING SUBLET)
1. Basic Provisions (“Basic Provisions”).
     1.1 Parties: This Sublease (“Sublease”), dated for reference purposes only July 12, 2006 , is made by and between North Pacific Group, Inc. a Oregon Corporation, Successor and Interest to Forest Products Warehousing, LLC. , a Oregon LLC (“Sublessor”) and En Pointe Techonologies, Inc. a Delaware Corporation (“Sublessee”), (collectively the “Parties”, or individually a “Party”).
     1.2 Premises: That certain real property, including all improvements therein, and commonly known by the street address of 11081 Tacoma Drive, Rancho Cucamonga, 91730 located in the County of San Bernardino, State of California and generally described as (describe briefly the nature of the property) Approximately 95,090 square feet of space that is a portion of a 207,406 square foot CTU Industrial building (“Premises”).
     1.3 Term: 2 years and 5 1/2 months commencing September 1, 2006 (“Commencement Date”) and ending February 15, 2009 (“Expiration Date”).
     1.4 Early Possession: See Paragraph 18 of Addendum (“Early Possession Date”).
     1.5 Base Rent: $ 34,232.40 per month (“Base Rent”), payable on the First day of each month commencing November 1, 2006.
þ If this box is checked, there are provisions in this Lease for the Base Rent to be adjusted.
     1.6 Base Rent and Other Monies Paid Upon Execution:
          (a) Base Rent: $34,232.40 for the period November 1, 2006 through November 30, 2006.
          (b) Security Deposit: $35,183.30 (“Security Deposit”).
          (c) Association Fees: $ none for the period.
          (d) Other: $8,037.00 for Common area maintenance charges, Real Estate taxes and Insurance.
          (e) Total Due Upon Execution of this Lease: $77,452.70.
     1.7 Agreed Use: Warehousing, distribution of computer related accessories and related office use.
     1.8 Real Estate Brokers:
          (a) Representation: The following real estate brokers ( the “Brokers”) and brokerage relationships exist in this transaction (check applicable boxes):
þ NAI Capital Inc. — Teresia Knight, SIOR represents Sublessor exclusively (“Sublessor’s Broker”);
þ Colliers International — Michael J. McCrary represents Sublessee exclusively (“Sublessee’s Broker”); or
o           represents both Sublessor and Sublessee (“Dual Agency”).
          (b) Payment to Brokers: Upon execution and delivery of this Sublease by both Parties, Sublessor shall pay to the Brokers the brokerage fee agreed to in a separate written agreement with NAI Capital Inc., (or if there is no such agreement, the sum of or % of the total Base Rent) for the brokerage services rendered by the Brokers.
     1.9 Guarantor. The obligations of the Sublessee under this Sublease shall be guaranteed by (“Guarantor”).
     1.10 Attachments. Attached hereto are the following, all of which constitute a part of this Sublease:
þ an Addendum consisting of Paragraphs 14 through 19;
þ a plot plan depicting the Premises;
o a Work Letter;
þ a copy of the Master Lease;
þ other (specify): Rent Adjustments Addendum, NAI Capital Important Notices Document.
         
 
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INITIALS
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©1997 - AIR COMMERCIAL REAL ESTATE ASSOCIATION   FORM SBL-2-4/01E

 


 

2. Premises.
     2.1 Letting. Sublessor hereby subleases to Sublessee, and Sublessee hereby subleases from Sublessor, the Premises, for the term, at the rental, and upon all of the terms, covenants and conditions set forth in this Sublease. Unless otherwise provided herein, any statement of size set forth in this Sublease, or that may have been used in calculating Rent, is an approximation which the Parties agree is reasonable and any payments based thereon are not subject to revision whether or not the actual size is more or less. Note: Sublessee is advised to verify the actual size prior to executing this Sublease.
     2.2 Condition. Sublessor shall deliver the Premises to Sublessee broom clean and free of debris on the Commencement Date or the Early Possession Date, whichever first occurs (“Start Date”), and warrants that the existing electrical, plumbing, fire sprinkler, lighting, heating, ventilating and air conditioning systems (“HVAC”), and any items which the Sublessor is obligated to construct pursuant to the Work Letter attached hereto, if any, other than those constructed by Sublessee, shall be in good operating condition on said date. If a non-compliance with such warranty exists as of the Start Date, or if one of such systems or elements should malfunction or fail within the appropriate warranty period, Sublessor shall, as Sublessor’s sole obligation with respect to such matter, except as otherwise provided in this Sublease, promptly after receipt of written notice from Sublessee setting forth with specificity the nature and extent of such non-compliance, malfunction or failure, rectify same at Sublessor’s expense. The warranty periods shall be as follows: (i) 6 months as to the HVAC systems, and (ii) 30 days as to the remaining systems and other elements. If Sublessee does not give Sublessor the required notice within the appropriate warranty period, correction of any such non-compliance, malfunction or failure shall be the obligation of Sublessee at Sublessee’s sole cost and expense
     2.3 Compliance. Sublessor warrants that any improvements, alterations or utility installations made or installed by or on behalf of Sublessor to or on the Premises comply with all applicable covenants or restrictions of record and applicable building codes, regulations and ordinances (“Applicable Requirements”) in effect on the date that they were made or installed. Sublessor makes no warranty as to the use to which Sublessee will put the Premises or to modifications which may be required by the Americans with Disabilities Act or any similar laws as a result of Sublessee’s use. NOTE: Sublessee is responsible for determining whether or not the zoning and other Applicable Requirements are appropriate for Sublessee’s intended use, and acknowledges that past uses of the Premises may no longer be allowed. If the Premises do not comply with said warranty, Sublessor shall, except as otherwise provided, promptly after receipt of written notice from Sublessee setting forth with specificity the nature and extent of such non-compliance, rectify the same. If the Applicable Requirements are hereafter changed so as to require during the term of this Sublease the construction of an addition to or an alteration of the Building, the remediation of any Hazardous Substance, or the reinforcement or other physical modification of the Building (“Capital Expenditure”), Sublessor and Sublessee shall allocate the cost of such work as follows:

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