(NOTE: DO NOT USE IF LESS THAN ENTIRE PREMISES ARE BEING SUBLET. FOR SITUATIONS WHERE THE PREMISES ARE TO BE OCCUPIED BY MORE THAN ONE TENANT OR SUBTENANT USE THE “STANDARD SUBLEASE-MULTI-TENANT” FORM)
1. Basic Provisions (“Basic Provisions”).
1.1 Parties: This Sublease (“Sublease”), dated for reference purposes only July 26, 2004, is made by and between Marlog Cargo USA, Inc., a California corporation dba “Schumacher Cargo Lines” (“Sublessor”) and OMP, 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 2205 E. Carson Street., Units B-1 & B-2, Carson 90810 located in the County of Los Angeles, State of California and generally described as (describe briefly the nature of the property) an approximately 19,275 square foot portion of a larger multi-tenant concrete tilt-up industrial building (“Premises”).
1.3 Term: four (4) years and three (3) months commencing August 1, 2004 (“Commencement Date”) and ending October 31, 2008 (“Expiration Date”).
1.4 Early Possession: July 30, 2004 (“Early Possession Date”).
1.5 Base Rent: $12,143.25 per month (“Base Rent”), payable on the first (1st) day of each month commencing September 1, 2004.
ý If this box is checked, there are provisions in this Lease for the Base Rent to be adjusted. SEE ADDENDUM PARAGRAPH 14.
1.6 Base Rent and Other Monies Paid Upon Execution:
(a) Base Rent: $12,143.25 for the period
(b) Security Deposit: $12,143.25 (“Security Deposit”).
(c) Association Fees: $ for the period
(d) Other: $2,447.93 for September 1, 2004 to September 30, 2004 Operating Expenses. Sublessee shall pay on a pro-rated basis its share of Operating Expenses for the month of August 2004.
(e) Total Due Upon Execution of this Lease: $26,734.43
1.7 Agreed Use: General administrative, office, freight forwarding, and uses related thereto.
1.8 Real Estate Brokers:
(a) Representation: The following real estate brokers (the “Brokers”) and brokerage relationships exist in this
transaction (check applicable boxes):
ý The Klabin Company - Courtney Bell represents Sublessor exclusively (“Sublessor’s Broker”);
ý Penta Pacific - Jacquelyn Smith 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 (
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:
ý an Addendum consisting of Paragraphs 14 through 15;
o a plot plan depicting the Premises;
o a Work Letter;
ý a copy of the Master Lease;
o other (specify):
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, notwithstanding Sublessee’s maintenance and repair obligations.