Second Amendment to Office Lease Agreement, by and between the Registrant and Asset Growth Partners, L.P., dated as of September 16, 2015

EX-10.13 14 d588632dex1013.htm EX-10.13 EX-10.13

Exhibit 10.13

SECOND AMENDMENT DATED SEPTEMBER 16, 2015 TO THE LEASE

DATED JULY 9, 2014 THE “ORIGINAL LEASE”

AND FIRST AMENDMENT DATED MARCH 30, 2015,

BY AND BETWEEN

ASSET GROWTH PARTNERS, L.P. as LESSOR

and ELASTICSEARCH, INC., as LESSEE

This Second Amendment dated September 16, 2015, shall serve to amend the terms of the Original Lease and First Amendment as follows:

 

1)

Expansion Premises: In addition to the Premises as defined in the Original Lease and First Amendment, Lessee shall lease from Lessor the following additional premises of the Building described in the Original Lease on the terms and conditions contained herein:

(a) an additional 5380 rentable square feet located on the 1” floor, as depicted on Exhibit “A” attached hereto (“Expansion Premises”) for a term commencing on the date of Lessor’s substantial completion of tenant improvements therein, according to plans and specifications approved by Lessee (“Expansion Premises TI’s”), and ending on January 14, 2020 (“Expansion Premises Term”). Should Lessee request construction to stop or be delayed, the commencement date shall be backdated to reflect such days that Lessor was permitted from allowing construction to continue.

 

2)

Base Rent: In connection with the addition of the Expansion Premises, Base Rent under the Original Lease shall be increased as follows:

(a) Base Rent with respect to Expansion Premises shall be $8.00 per square foot per month or an increase of Forty Three Thousand Dollars and 00/100 ($43,040.00) in monthly Base Rent during the Expansion Premises Term, provided that the foregoing amount shall increase by 3% on January 15, 2017 and each year following through the term of the lease.

 

3)

Lessee’s Share of Operating Expense Increase: Effective as of the Expansion Premises Commencement Date, Lessee’s Share of Operating Expense Increase, as set forth in the Original Lease, shall be increased by 4.6%, so that during the Expansion Premises Term, Lessee’s Share of Operating Expense Increase under the Original Lease, as amended hereby, shall be 29.5%.

 

4)

Additional Tenant Improvement Allowance for Expansion Premises: Lessor, at Lessor’s Cost, shall construct the Expansion Premises TI’s in accordance with the final floor plan, budget and plans and specification approved by Lessee (“Expansion Premises Tenant Improvement Work”) provided that Lessor shall not be obligated to pay for any portion of the Expansion Premises Tenant Improvement Work that exceeds $96,840.00 except through the funding of a tenant improvement loan in the amount of $96,840.00 to be funded at Lessee’s election with respect to the Expansion Premises Tenant Improvement Work on substantially the same terms and conditions (except the amount of such loan) as the T.I. Loan described in the Original Lease.

 

5)

Plans and Specifications: Lessee shall deliver 3 full sets of plans and specifications for the Expansion Premises Tenant Improvement Work to Lessor in order for Lessor to present to the city no later than October 31, 2015.


Except as otherwise provided herein, all other terms and conditions of the Original Lease and First Amendment shall remain unchanged.

AGREED:

 

LESSOR:      LESSEE:
ASSET GROWTH PARTNERS L.P.      ELASTICSEARCH, INC.
By:   

/s/ Thomas J. Rees

     By:   

/s/ Nicholas White

  Thomas J. Rees         Nicholas White
  President of General Partner        
Date: 9/24/15      Date: 9/17/15