1 FIRST AMENDMENT TO CONSENT TO SUBLEASE
THIS FIRST AMENDMENT TO CONSENT TO SUBLEASE (this “Amendment”) is made effective as of March , 2025 (the “ Effective Date”) between CITY OF ALAMEDA, a charter city and municipal corporation (“Landlord”), MATSON
NAVIGATION COMPANY,
INC. (“Sublandlord” or “Tenant” ), and MARY SU SAN
UBBELOHDE dba LOISOS + UBBELOHDE (“Subtenant”).
Statement of Purpose
A.
Pursuant to that certain Consent to Sublease entered into March 5, 2020, (“Consent Agreement”), Sublandlord is providing to Tenant certain premises located at 1500 Ferry Point Drive, Alameda, CA consisting of approximately 53,785 rentable square feet (the “Premises”) within Building 167 (the “Building”) together with a license for use of the adjacent Land, all as more particularly set forth in the Consent Agreement.
B. The
parties wish to amend the Consent to Sublease as more particularly provided in this
Amendment.
For good and valuable consideration. the receipt an d sufficiency of which are acknowledged, the parties agree as follows:
1. Capitalized Terms. Unless otherwise specified, all capitalized terms in this First Amendment shall have the meanings ascribed to them in the Sublease.
2. Amendment. The Consent to Sublease is here by amended to insert Exhibit B, the First Amendment to Sub
lease, which extends the term of the Sublease to expire on November 25, 2025.
3. Terms Not Changed
. Unless expressly amended by this Amendment, all of the terms and provisions of the Consent to Sublease remain in full force and effect. If any of the terms and provisions of this Amendment conflict with (or are inconsistent with) any of the terms and provisions of the Consent to Sublease, then the terms and provisions of this First Amendment shall control.
4. Binding Agreement Governing Law. This Amendment shall be binding upon and shall inure to the benefit of the parties to this Amendment and their respective successors and assigns. This Amendment shall be governed, construed, and enforced in accordance with the internal laws of the State of California.
5. Counterparts; Facsimile. This Amendment may be executed in multiple counterparts, with all counterparts taken together deemed to be one (1) original document. A counterpart executed by facsimile shall be deemed an original. [SIGNATURES ON FOLLOWING PAGE]
Doc ID: ee58dabed5c716b28f888a2f5744ecf0d05454e2
Docusign Envelope ID: CB278595-8FE0-46C4-9DAB-F362322146DC 26 Exhibit 2
1 2
IN WITNESS WHEREOF, the parties have executed this Amendment as of the Effective Date.
LANDLORD:
City of Alameda,
A municipal corporation
By:
SUBLANDLORD
MATSON NAVIGATION COMPANY, INC,
a Hawaii corporation,
By:
Jennifer Ott
City Manager
RECOMMENDED FOR APPROVAL By:
By:
Abigail Thorne-Lyman
Base Reuse and Economic Development
Director
Approved as to Form:
By:
SUBTENANT:
MARY SUSAN UBBELOHDE
dba LOISOS + UBBELOHDE
By:
Len Aslanian
Assistant City Attorney
Mary Susan Ubbelohde
Owner
Ben Bowler
Treasurer
Jack Sullivan
Senior Vice President
Doc ID: ee58dabed5c716b28f888a2f5744ecf0d05454e2
Docusign Envelope ID: CB278595-8FE0-46C4-9DAB-F362322146DC 3/26/2025
2 1
FIRST AMENDMENT TO SUBLEASE
THIS FIRST AMENDMENT TO SUBLEASE (this Amendment") is made effective as of 4 March 2025 (the Eff ective Date") between MATSON NAVIGATION COMPANY , INC. (“Matson”), and MARY SUSAN UBBELOHDE dba LOISOS + UBBELOHDE (“Subtenant").
Statement of Purpose
A. Pursuant to that certain Sublease entered into January 1, 2020, (“Sublease”) and the Consent to Sublease that commenced March 5, 2020, between Matson and Subtenant (the “Consent Agreement”), Matson is providing certain premises located at 1500 Ferry Point Drive, Alameda, CA consisting of approximately 53,785 rentable square feet (the "Premises") within Building 167 (the "Building") together with a license f or use of the adjacent Land, all as more particularly set forth in the Consent Agreement.
B. The parties wish to amend the Sublease as more particularly provided in this Amendment.
For good and valuable consideration. the receipt and sufficiency of which are acknowledged, the parties agree as follows:
1. Capitalized Terms . Unless otherwise specified , all capitalized terms in this First Amendment shall have the meanings ascribed to them in the Sublease.
2. Amendment. The Sublease is hereby amended to delete section 2.1 and insert the following language below in lieu thereof.
2.1 Term. The term of this amended Sublease shall commence on March 4, 2025, and shall expire November 25, 2025 (the "Extended Term") unless sooner terminated as provided for in the Sublease, the Consent Agreement, or, if earlier, upon the date that the Master Lease is terminated.
3. Terms Not Changed. Unless expressly amended by this Amendment, all of the terms and provisions of the Sublease remain in full force and effect. If any of t he terms and provisions of this Amendment conflict with (or are inconsistent with) any of the terms and provisions of the Sublease, then the terms and provisions of this First Amendment shall control.
4. Term. The term of the Consent Agreement, as amended, expires on November 25, 2025.
5. Subject to Consent of Landlord. Any amendment to extend the Sublease is subject to the City of Alameda's approval.
6. Binding Agreement Governing Law. This Amendment shall be binding upon and shall inure to the benefit of the parties to this Amendment and their respective successors and assigns. This Amendment shall be governed, construed, and enforced in accordance with the laws of the State where the Premises are located.
7. Counterparts; Facsimile. This Amendment may be executed in multiple counterparts, Doc ID: 206967324b6d86728969e52aabda6ea33e1dac00
Exhibit B
Docusign Envelope ID: CB278595-8FE0-46C4-9DAB-F362322146DC 3 2
Doc ID: 206967324b6d86728969e52aabda6ea33e1dac00
with all counterparts taken together deemed to be one (1) original document. A counterpart executed by facsimile shall be deemed an original.
[SIGNATURES ON FOLLOWING PAGE]
Docusign Envelope ID: CB278595-8FE0-46C4-9DAB-F362322146DC 4 3
IN WITNESS WHEREOF, the parties have executed this Amendment as of the Effective Date.
Approved as to Form:
MATSON:
MATSON NAVIGATION COMPANY,
INC.
By:
Print Name:
Title:
SUBTENANT:
LOISOS + UBBELOHDE
By:
Print Name:
Title:
Mary Susan Ubbelohde
Principal
Ben Bowler
Treasurer
Jack Sullivan
Senior Vice President
Doc ID: 206967324b6d86728969e52aabda6ea33e1dac00
Docusign Envelope ID: CB278595-8FE0-46C4-9DAB-F362322146DC 5