FIFTH AMENDMENT TO OFFICE LEASE
AGREEMENT
THIS FIFTH
AMENDMENT TO OFFICE LEASE AGREEMENT (“Fourth
Amendment”) is made this 6 th day of March, 2008, by and between JBG/BC Chase
Tower, L.P., a Delaware limited partnership
(“Landlord”), as successor in interest to Chase Tower
Associates, L.L.C., a Delaware limited liability company
(“Original Landlord”), and CAPITALSOURCE FINANCE LLC, a
Delaware limited liability company
(“Tenants”).
WHEREAS, by that
certain Office Lease Agreement dated December 8, 2000 (the
“Original Lease”), Landlord leased to Tenant, and
Tenant leased from Landlord, approximately 16,799 square feet of
rentable area on the twelfth (l2th) floor, known as Suite 1200
(the “Original Premises”), in the building located at
4445 Willard Avenue, Chevy Chase, Maryland (the
“Building”), upon the terms and conditions set forth in
the Lease;
WHEREAS, by that
certain First Amendment to Office Lease Agreement dated
May 10, 2002 (the “First Amendment”), Landlord
leased to Tenant, and Tenant leased from Landlord, an additional
7,463 square feet of rentable area located on the eleventh (11th)
floor of the Building and known as Suite 1130
(the“Expansion Space”), and the parties extended the
term of the Original Lease, upon the terms and conditions more
specifically set forth therein;
WHEREAS, by that
certain Second Amendment to Office Lease Agreement dated February
4, 2003 (the “Second Amendment”), Landlord leased to
Tenant, and Tenant leased from Landlord, an additional 19,290
square feet of rentable area located on the sixth (6
th ) floor of the Building and known as
Suite 600 (the “Second Expansion Space”), and the
parties extended the term of the Original Lease, upon the terms and
conditions more specifically set forth therein;
WHEREAS, by that
certain Third Amendment to Office Lease Agreement dated
August 3, 2003 (the “Third Amendment”), Landlord
leased to Tenant, and Tenant leased from Landlord, an additional
21,439 square feet of rentable area located on the fifth (5th)
floor of the Building and known as Suite 500 (the “Third
Expansion Space”), upon the terms and conditions more
specifically set forth therein;
WHEREAS, by that
certain Fourth Amendment to Office Lease Agreement dated July 2,
2007 (the “Fourth Amendment”), Landlord leased to
Tenant, and Tenant leased from Landlord, an additional 5,978 square
feet of rentable area located on the seventh (7th) floor of the
Building and known as Suite 710 (the “Fourth Expansion
Space”), upon the terms and conditions more specifically set
forth therein;
WHEREAS, the
Original Lease, the First Amendment, the Second Amendment, the
Third Amendment and the Fourth Amendment are hereinafter
collectively referred to as the “Lease”;
WHEREAS, pursuant
to that certain Office Lease Agreement dated as of December 7,
2001, as amended (the“MOP Lease”), by and between
Original Landlord, as landlord, and Medical Office Properties, Inc.
(“MOP”), as tenant thereunder, Original Landlord leased
to
MOP, and MOP
leased from Original Landlord, approximately 10,608 square feet of
rentable area located on the eleventh (11 th )
floor of the Building and known as Suite 1100 (the
“Suite 1100 Space”);
WHEREAS, pursuant
to that certain Assignment and Assumption of Lease dated as of
December 4, 2004 and effective as of January 1, 2005, by and
between MOP, as assignor, and Tenant, as assignee, MOP assigned all
of its right, title and interest in the MOP Lease to
Tenant;
WHEREAS, the term
of the MOP Lease is scheduled to expire on February 29, 2012,
and the term of the Lease is scheduled to expire on May 31,
2013;
WHEREAS, upon the
expiration of the term of the MOP Lease, Tenant desires to lease
from Landlord, and Landlord desires to lease to Tenant, the
Suite 1100 Space which is the subject of the MOP Lease, upon
the terms and conditions hereinafter set forth;
WHEREAS, Landlord
and Tenant desire to amend the Lease to reflect their understanding
and agreement with regard to the lease of the Suite 1100
Space, and to otherwise amend the Lease, as more particularly set
forth herein.
NOW, THEREFORE,
for and in consideration of the mutual promises herein contained,
and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties hereto
mutually agree as follows:
1. Any
capitalized terms used in this Fifth Amendment and not otherwise
defined herein shall have the meanings ascribed to them in the
Lease.
2. The Lease
is hereby amended by adding thereto
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