Exhibit 10.11
SECOND AMENDMENT TO LEASE
This Second Amendment to Lease dated
as of July 3, 2001 (this “Second Amendment”), is
made by and between Westlake North Associates, LLC, a Delaware
limited liability company (“Landlord”), and
homestore.com, Inc., a Delaware corporation
(“Tenant”).
RECITALS
A. Landlord and Tenant entered
into that certain Standard Office Lease Form, Westlake North
Business Park dated March 7, 2000, with regard to the premises
constituting Building I of the Project, located at 30700 Russell
Ranch Road, Westlake Village, California, and amended the lease by
a “First Amendment to Lease” dated February, 2001
(collectively, the “Lease" ).
B. Landlord also owns Building
II and Building III in the Project. Pursuant to Exhibit I of
the Lease, Right of First Offer (Leasing and Sale of Project)
(“ Exhibit I ”), Tenant had a right of
first offer, pursuant to the terms of Exhibit I, to lease
space in Building II and Building III of the Project.
C. In contemplation of the
pending sale of the real property (the “Property”) of
which the premises under the Lease are a part to Miller Brothers
Investment LLC, a California limited liability company
(“Miller”), Landlord and Tenant now desire to amend and
modify the Lease to, among other things, delete Exhibit I from
the Lease and to agree to enter into a separate agreement
reflecting the rights and obligations of Landlord and Tenant as set
forth in Section 1 of Exhibit I.
NOW, THEREFORE, for valuable
consideration, the receipt and adequacy of which are hereby
acknowledged, Landlord and Tenant hereby further amend the Lease as
follows:
1. Landlord and Tenant agree
that effective upon the Effective Date (defined below), Exhibit I,
Right of First Offer (Leasing and Sale of Project) shall be deleted
from the . Lease in its
entirety; and any and all rights contained in said Exhibit I
(or contained elsewhere in the Lease) pertaining to Tenant’s
right of first offer to lease space in Buildings II and III in the
Project and right of first offer with respect to a sale of the
Project or Building shall terminate and shall be of n