EXHIBIT 10.28C
SECOND AMENDMENT TO OFFICE LEASE
This SECOND AMENDMENT TO OFFICE LEASE
(this “Second Amendment”) is entered into as of
the 7 th day of
December, 2005 (the “Effective Date”), by and
between SEAVIEW PFG, LLC, a Delaware limited liability company
(“Landlord”), and WEBSIDESTORY, INC., a
California corporation (“Tenant”), with
reference to the following facts:
RECITALS
A. Landlord’s
predecessor-in-interest, LNR Seaview, Inc., a California
corporation ( “LNR” ) and Tenant previously
entered into that certain Office Lease dated as of August 23,
1999 (the “Original Lease” ), whereby Tenant
leased certain office space (“Premises”) in the
Building located at 10182 Telesis Court, San Diego, California
92121 (the “Building”) also known as Seaview
Corporate Center, as the same is more particularly described in the
Original Lease.
B. LNR and Tenant also
previously entered into that certain First Amendment to Lease (the
“First Amendment”) dated as of July 3, 2001
amending certain terms of the Lease. The Original Lease and First
Amendment are hereinafter collectively referred to as the
“Lease.”
C. LNR’s interest as
landlord under the Lease was previously assigned to Landlord by
that certain Assignment of Leases dated April 17, 2002.
D. Landlord and Tenant now
desire to extend the term of the Lease and to further amend certain
provisions of the Lease upon the terms set forth herein.
E. Terms used herein beginning
with capital letters and not otherwise defined herein shall have
the meanings given to them in the Lease.
AGREEMENT
NOW, THEREFORE, for and in
consideration of the covenants and agreements herein contained and
for other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, Landlord and Tenant
hereby agree, effective as of the Effective Date, as follows:
1. Premises
. Landlord and Tenant hereby acknowledge and agree that the
Premises consists of 61,211 rentable square feet and 57,549 useable
square feet located on the forth, fifth and sixth floors of the
Building.
2. Term .
Section 1.6 of the Summary is hereby amended to provide for an
Extended Term (the “Extended Term”) of an
additional seventy two (72) months with the Extended Term
commencing on February 1, 2007 and ending on January 31,
2013.
3. Monthly Basic
Rent . Section 1.8 of the Summary is hereby amended to
add the following schedule of Monthly Basic Rent
| |
|
|
|
|
| Extension Period |
|
|
|
Years/Months |
|
Monthly Basic Rent |
|
2/1/07-1/31/08
|
|
$ |
146,906.40 |
|
|
2/1/08-1/31/09
|
|
$ |
151,313.59 |
|
|
2/1/09-1/31/10
|
|
$ |
155,853.00 |
|
|
2/1/10-1/31/11
|
|
$ |
160,528.59 |
|
|
2/1/11-1/31/12
|
|
$ |
165,344.45 |
|
|
2/1/12-1/31/13
|
|
$ |
170,304.78 |
|
4. Base Year
. Section 1.10 of the Summary is hereby amended to provide
that during the Extension Period, the Base Year shall be the
calendar year 2005.
5. Tenant
Improvement Allowance . As of the Effective Date, and for a
period of twelve (12) months following the first day of the
first month thereafter, Tenant shall be entitled to a tenant
changes allowance (the “Tenant Changes
Allowance”) of up to TEN DOLLARS ($10.00) per useable
square foot of the Premises for a total maximum Tenant Changes
Allowance of Five Hundred Seventy Five Thousand Four Hundred
Dollars ($575,400.00) f
