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:
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.
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
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Extension Period
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Years/Months
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Monthly Basic Rent
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$
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146,906.40
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$
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151,313.59
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$
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155,853.00
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$
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160,528.59
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$
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165,344.45
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$
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170,304.78
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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) for Tenant
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