THIRD AMENDMENT TO THE
BASIC LEASE INFORMATION AND
CANYON PARK TECHNOLOGY CENTER
OFFICE BUILDING LEASE AGREEMENT
This Third
Amendment (this “Third Amendment”) to the Basic Lease
Information and Canyon Park Technology Center Office Building Lease
Agreement (the “Lease”) is entered into by and between
TCU PROPERTIES I, LLC, a Utah limited liability company
(“Landlord”), and OMNITURE, INC., a Delaware
corporation (“Tenant”), having an office at 550 East
Timpanogos Circle, Orem, Utah 84097.
A. Landlord
and Tenant are parties to the Lease, together with the First
Amendment and Second Amendment to the Lease, for certain office
space in Canyon Park Technology Center (“CPTC” formerly
Timpanogos Technology Park) in Orem, Utah, defined in the Lease and
in the respective Amendments as the “Premises.” Tenant
desires to expand the Premises to include additional space in
Building G at CPTC.
B. Tenant
desires to expand the Premises to include an additional
28,940 rentable square feet (“RSF”) of space in
Building G, Suites G-11, G-12, G-21 and G-22 at CPTC.
Therefore,
Landlord and Tenant agree as follows:
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1.
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Premises . The definition of
“Premises” under the Lease is amended by adding
approximately 28,940 rentable square feet located on the
first and second floors of Building G as outlined below:
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i. G-11 and G-12
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14,420
RSF
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ii. G-21 and
G-22
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14,520
RSF
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The Premises
are shown cross-hatched on the floor plan attached hereto as
Exhibit A.
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2.
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Basic Rent . Tenant agrees that the Basic
Rental fee (as further described below) for the Unoccupied Premises
shall be $ 5.50 per rentable square foot per year, effective
April 1, 2005. Upon occupation of the premises, the Basic
Rental fee shall be as further described below.
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Unoccupied
Premises
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Premises:
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Monthly Fee:
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Annual Fee:
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G-21 and
G-22
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$
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6,655
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$
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79,860
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1
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Unoccupied
Premises
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G-11 and
G-12
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$
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6,609
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$
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79,310
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Occupied
Premises
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Premises:
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Monthly Fee:
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Annual Fee:
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G-21 and
G-22
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$
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18,025
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$
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216,300
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G-11 and
G-12
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$
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18,150
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$
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217,800
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Monthly Rent for
the 3 rd
Amendment Space shall be due in
accordance with the payment terms specifically set forth in the
Lease.
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3.
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Commencement . The Commencement Date shall be as
follows:
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a.
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Unoccupied
Premises G -11, 12, 21
and 22:
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April 1,
2005
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b.
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Occupied
Premises Building G -21
and G-22:
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October 1,
2005
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c.
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Occupied
Premises Building G -11
and G-12:
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April 1,
2006
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At Tenant’s
option, Tenant can move the Commencement Date ahead by giving
Landlord written notice of Tenant’s desire to expand into the
Premises earlier than as specified above.
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4.
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Rentable Area
. The “Rentable
Area” of the Premises shall increase from 63,060 RSF
to 91,940 RSF.
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5.
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Annual Increases
. Basic Rental shall
increase $ 0.50 per rentable square foot on each one-year
anniversary of Lease Commencement Date.
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6.
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Deposit . An additional security deposit
equal to the last months’ Rent of $ 39,793.00 shall be
paid to Landlord by Tenant upon execution of this
Amendment.
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7.
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Tenant Improvements
. Landlord agrees to
provide Tenant with a Tenant Improvement Allowance of $ 4.00
per r
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