LEASE AMENDMENT NO. 1
PREMISES: 1900 Skyhawk Street (Building 360), Alameda, CA consisting of approximately 179,070 square feet
LANDLORD: CITY OF ALAMEDA, a charter city and municipal corporation
TENANT: ASTRA SPACE, INC.
This First Amendment to the Lease (“First Amendment”) is dated as of _______________, 2025 for reference purposes only, and is entered into by and between the CITY OF ALAMEDA, a charter city and municipal corporation (“Landlord”) and ASTRA SPACE, INC. (“Tenant”).
NOW, THEREFORE, in consideration of the foregoing, which are incorporated herein by reference, and of their mutual covenants contained herein, the parties hereby agree as follows:
1. Background.
a. Landlord and Tenant entered into that certain Lease Agreement dated December 6, 2022, for reference purposes only (“Lease”), for certain premises described therein and referred to as 1900 Skyhawk Street, Alameda, CA consisting of approximately 179,070 square feet (“Premises”)
b. Capitalized terms used in this Amendment without definition shall have the same meaning given to such terms in the Lease. This Amendment shall be effective upon the last date set forth below the parties’ signatures.
2. Rent Deferral. Section 4.1 of the Lease regarding Tenant’s payment of Base Rent shall be modified as described below:
“(a) Tenant’s obligation to pay a share of Base Rent, late fees and interest payments, as described in Section 4.1 of the Lease, shall be deferred for a period of nine (9) months (“Deferred Base Rent”) commencing retroactively on October 1, 2024 and ending on June 30, 2025. The total amount of Deferred Base Rent shall be $828,578.18. A schedule reflecting the Deferred Base Rent and remaining rent obligations is shown below.
DEFERRED RENT REPAYMENT SCHEDULE
Deferral Period Base Rent Owed (Net
of Credit)
Deferred Rent
Amount
Remaining
Amount Owed
for Month
(does not
include late
fees, interest)*
Rent, Late
Fees and
Interest
Owed on
Deferred
Rent by July
1, 2025
Month 1 (October
2024)
$127,743.62 $83,792.31 $43,951.31 $7,014.34
Month 2 (November
2024)
$127,743.62 $83,792.31 $43,951.31 $6,687.60
Month 3 (December
2024)
$127,743.62 $83,792.31 $43,951.31 $6,371.40
Month 4 (January
2025)
$134,906.42 $87,373.71 $47,532.71 $6,310.08
Month 5 (February
2025)
$134,906.42 $87,373.71 $47,532.71 $5,968.13
Month 6 (March
2025)
$134,906.42 $87,373.71 $47,532.71 $5,659.27
Month 7 (April
2025)
$134,906.42 $87,373.71 $47,532.71 $5,317.32
Month 8 (May 2025) $134,906.42 $87,373.71 $47,532.71 $4,986.40 Month 9 (June 2025) $134,906.42 $87,373.71 $47,532.71 $4,644.45 Totals $1,192,669.38 $775,619.19 $417,050.19 $52,958.99 *Subject to additional late fees and interest if not paid according to Lease.
The period during which Tenant shall repay Deferred Base Rent shall commence on July 1, 2025 and end on June 30, 2026 (“Repayment Period”). During each one (1) month period of the twelve (12) month Repayment Period, Tenant shall repay no less than $69,374.54 of Deferred Base Rent (“Minimum Repayment Obligation”) in addition to their monthly Base Rent rate. A schedule reflecting Tenant’s Minimum Repayment Obligation is set out below.
DEFERRED RENT REPAYMENT SCHEDULE
Months Deferred Nine (9) (October 2024-June 2025)
Total Base Rent Deferred
(Including Late Fees,
Interest)
$828,578.18
Repayment Period Payment Due
Month 1 (July 2025) Base Rent + $69,048.18
Month 2 (August 2025) Base Rent + $69,048.18
Month 3 (September 2025) Base Rent + $69,048.18
Month 4 (October 2025) Base Rent + $69,048.18
Month 5 (November 2025) Base Rent + $69,048.18
Month 6 (December 2025) Base Rent + $69,048.18
Month 7 (January 2026) Base Rent + $69,048.18
Month 8 (February 2026) Base Rent + $69,048.18
Month 9 (March 2026) Base Rent + $69,048.18
Month 10 (April 2026) Base Rent + $69,048.18
Month 11 (May 2026) Base Rent + $69,048.18
Month 12 (June 2026) Base Rent + $69,048.18
3. A new Section 4.5 is hereby added to the Lease as follows:
“In addition to and without impairing any of Landlord’s rights and remedies set forth in Section 18 (Default) of this Agreement, in the event that Tenant fails to satisfy any of its obligations or timelines contained in the Deferred Base Rent schedule set forth in Section 4.1 of the Agreement, and thereby is in default of this Agreement, Tenant agrees to remove all of its facilities (except for Tenant’s clean room facilities, which shall be retained onsite and shall become Landlord’s property upon lease termination), equipment, and personal property from the Premises, and turn over possession to the Landlord within 60 days of service of a written notice of lease termination by Landlord on Tenant. If Tenant thereafter fails to deliver possession of the Premises to Landlord within said 60-day period, Landlord shall be entitled to re-possess the Premises, remove Tenant from the Premises, and immediately remove and dispose of all facilities, equipment, and personal property within the Premises, which shall be treated as abandoned.”
4. Delivery of Possession. Tenant agrees that the Premises shall continue to be leased in its “AS-IS” condition, and Landlord shall have no obligation to make any repairs or modifications to the Premises. Tenant acknowledges and agrees that Landlord has made no representations or warranties regarding the Premises, including, without limitation, its suitability for Tenant’s proposed use.
5. Inspection by Certified Access Specialist. Landlord discloses that the Premises have not undergone inspection by a Certified Access Specialist as referenced in the California Civil Code Section 1938 subsection (e) which provides: “A Certified Access Specialist (CASp) can inspect the subject premises and determine whether the subject premises comply with all of the applicable construction-related accessibility standards under state law. Although state law does not require a CASp inspection of the subject premises, the commercial property owner or lessor may not prohibit the lessee or tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the lessee or tenant, if requested by the lessee or tenant. The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to correct violations of construction -related accessibility standards within the premises. Pursuant to the foregoing Section 1938(e), Tenant acknowledges and agrees that, if Tenant wishes to have the Premises inspected by a CASp: (i) Tenant must notify Landlord on or before the date when Tenant executes this Lease Amendment pursuant to the election below; (ii) the inspection will be at Tenant’s sole cost and expense; (iii) the inspection must be scheduled through Landlord and in coordination with the Building’s property manager; (iv) any repairs or modifications necessary to correct any violation of construction-related accessibility standards that is noted in the CASp report shall be Tenant’s responsibility; and (v) Tenant must provide a copy of the CASp report to Landlord on completion.
6. City’s Authority. Tenant acknowledges Landlord is entering into this Amendment modifying the Lease in Landlord’s proprietary capacity and not in its regulatory or governmental capacity. Nothing in this Amendment shall be construed as restraining, impairing or restricting the City of Alameda in its regulatory capacity, or granting any rights upon the Tenant with respect to the use, occupancy or operation of the Premises in a manner inconsistent with any Laws or applicable requirements.
7. Ratification; Miscellaneous. Except as modified by this Amendment, in all other respects the Lease is hereby ratified and affirmed and remains in full force and effect. This Amendment may be executed in one or more counterparts.
8. Electronic Signature. This Second Amendment may be signed by electronic signature and any such electronic signature shall have the same force and effect as an original signature. Without limitation, “electronic signature” shall include certified digital signatures using programs such as Adobe or Docusign, faxed versions of an original signature or electronically scanned and transmitted versions (e.g., via pdf) of an original signature.
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IN WITNESS WHEREOF, the undersigned have executed this Amendment as of the day and year last set forth below.
LANDLORD:
CITY OF ALAMEDA,
a charter city and municipal corporation
By: ________________________________
Jennifer Ott
City Manager
Date:_______________________________
Approved as to Form
By:_________________________________
Len Aslanian
Assistant City Attorney
Recommended for Approval
By:_________________________________
Abigail Thorne-Lyman
Base Reuse and Economic
Development Director
TENANT:
ASTRA SPACE, INC.
a Limited Partnership
By: ________________________________
Name:______________________________
Title:_______________________________
Date: _______________________________