Exhibit 10.9
February 9, 1998
SECOND SUPPLEMENT TO LEASE AGREEMENT
Re: Lease Agreement (the "Lease Agreement") dated June 20, 1996 by and between,
Xxxxx X. Xxxxxx, Xx., as transferred to and hereinafter referred to as 3410 Far
West, Ltd. as Lessor, and Vignette Corporation, as Lessee, as amended by that
certain First Supplement to Lease Agreement dated November 4, 1997, demising of
20,497 rentable square feet (17,823 usf) of space locally known as Suite 300 in
ONE FAR WEST office building located at 0000 Xxx Xxxx Xxxxxxxxx, Xxxxxx, Xxxxxx
Xxxxxx, Xxxxx 00000. The primary lease agreement as amended by the First
Supplement, shall hereinafter be referred to as the "Lease Agreement".
This Second Supplement to Lease Agreement entered into by and between 3410 Far
West, Ltd., hereinafter called "Lessor, and Vignette Corporation, hereinafter
called "Lessee", shall amend and modify the Lease Agreement as follows:
1. Lease Expansions. Effective March 1, 1998, or upon the completion of the
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tenant improvements, whichever is later, Lessee shall lease from Lessor
additional spaces as set forth below:
. Suite 145: consisting of 988 rentable square feet (859 usf), as shown on
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Exhibit A-1;
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. Suite 230: consisting of 1,066 rentable square feet (875 usf), as shown
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on Exhibit A-2;
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. Suite 255: consisting of 2,012 rentable square feet (1,750 usf), as
shown on Exhibit A-3.
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2. Expansion Space Lease Terms. Effective upon the commencement of the lease
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term for the expansions spaces set forth in paragraph #2 above, Lessee shall
lease from Lessor the additional spaces for the period of times set forth
below:
. Suite 145: Twelve (12) months through February 28, 1999.
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. Suite 230: Thirty-four (34) months through remainder of lease term
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(12/31/00).
. Suite 255: Thirty-four (34) months through remainder of lease term
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(12/31/00).
Lessee's total lease square footage from March 1, 1998 through February 28,
1999 shall be 24,503 rentable square feet (21,307 usf). Lessee's total lease
square footage from March 1, 1999 through December 31, 2000 shall be 23,515
rentable square feet (20,448 usf).
3. Expansion Space Expense Stops. Effective upon the commencement of the
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lease term for the expansion spaces set forth in paragraph #2 above and
continuing through the lease terms set forth above, Lessee shall pay to
Lessor additional rents equivalent to Lessee's pro rata share of the
building operating expenses in excess of the actual 1997 operating expense
levels.
4. Tenant Finish Out. Lessor shall provide Lessee with a finish out
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allowance for the additional spaces as follows:
. Suite 145: Lessor, at Lessor's expense, shall shampoo the carpet and
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repaint the suite.
. Suite 230: Lessor shall provide lessee with an allowance of $2,766.50
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($2.75/rsf) to remodel the premises as per a mutually
acceptable space plan.
. Suite 255: Lessor shall provide Lessee with an allowance of $5,533.00
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($2.75/rsf) to remodel the premises as per a mutually
acceptable space plan. Additionally, Lessor shall make the
HVAC for this space operational.
5. Base Rent and Rent Schedule. Effective upon the commencement of the lease
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term for each of the expansions spaces set forth in paragraph #2 above,
Lessee shall pay to Lessor base rent in the amount of $19.00 per square foot
per year for the term of each additional space, as set forth in the
following rent schedule:
TIME PERIOD PREMISES PER MONTH PER SF/YR
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March 1, 1998 to June 30, 1998 #300=12,519 rsf $18,256.88...............$17.50
#240=3,083 rsf $4,881.42...............$19.00
#245=3,517 rsf $5,568.58...............$19.00
#345=1,378 rsf $2,181.83...............$19.00
#145=988 rsf $1,564.33...............$19.00
#230=1,006 rsf $1,592.83...............$19.00
#255=2,012 rsf $3,185.67...............$19.00
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Total Due Per Month: $37,231.54
July 1, 1998 to February 28, 1999 #300=12,519 rsf $18,778.50...............$18.00
#240=3,083 rsf $4,881.42...............$19.00
#245=3,517 rsf $5,568.58...............$19.00
#345=1,378 rsf $2,181.83...............$19.00
#145=988 rsf $1,564.33...............$19.00
#230=1,006 rsf $1,592.83...............$19.00
#255=2,012 rsf $3,185.67...............$19.00
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Total Due Per Month: $37,753.16
March 1, 1999 to June 30, 1999 #300=12,519 rsf $18,778.50...............$18.00
#240=3,083 rsf $4,881.42...............$19.00
#245=3,517 rsf $5,568.58...............$19.00
#345=1,378 rsf $2,181.83...............$19.00
#230=1,006 rsf $1,592.83...............$19.00
#255=2,012 rsf $3,185.67...............$19.00
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Total Due Per Month: $36,188.83
July 1, 1999 to Dec. 31, 2000 #300=12,519 rsf $19,821.75...............$19.00
#240=3,083 rsf $4,881.42...............$19.00
#245=3,517 rsf $5,568.58...............$19.00
#345=1,378 rsf $2,181.83...............$19.00
#230=1,006 rsf $1,592.83...............$19.00
#255=2,012 rsf $3,185.67...............$19.00
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Total Due Per Month: $37,232.08
6. Lease Commission. A commission in an amount of 2% of the total Base Rent due
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under this lease for the expansion spaces shall be paid to The Alexander
Company, upon commencement of the expansions. Lessee shall receive a credit
equal to 2% of the total Base Rent due under this lease for the expansion
spaces to be applied against Lessee's Base Rent.
7. Access for Cabling. Upon execution of the lease by both Lessee and Lessor,
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Lessee shall have access to expansion spaces for purposes of computer and
telephone cabling.
Except as provided to the contrary herein, all the provisions of the Lease
Agreement shall be applied to the expansion space and all of the remaining
terms, covenants and provisions of the Lease Agreement shall remain in full
force and effect and unmodified hereby. Each party hereby acknowledges that
the other is not in default under the Lease Agreement in any respect. Each
signatory hereto represents and warrants that he or she is authorized to
execute this document and that said execution by both parties, this document
will constitute the binding obligation of the party on behalf of whom such
person has signed, without the necessity of joinder of any other person or
entity.
EXECUTED on the dates set forth below our respective signatures.
LESSOR: LESSEE:
3410 Far West, Ltd. Vignette Corporation
By: /s/ Xxx Xxxx By: /s/ Xxxx Xxxxxx
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Xxx Xxxx, CPM, RPA, Vice-President, Xxxx Xxxxxx,
Xxxxxx Management, Inc., President
Authorized Managing Agent for
3410 Far West, Ltd.
Date: 2/23/98 Date: 2/18/98
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EXHIBIT A-1
Vignette Corporation Expansion Space
Xxx Xxx Xxxx Xxxxx, Xxxxx 000
3,083 rentable square feet (2,681 usf)
[DIAGRAM OF EXPANSION SPACE]
EXHIBIT A-2
Vignette Corporation Expansion Space
Xxx Xxx Xxxx Xxxxx, Xxxxx 000
3,517 rentable square feet (3,058 usf)
[DIAGRAM OF EXPANSION SPACE]
EXHIBIT A-3
Vignette Corporation Expansion Space
Xxx Xxx Xxxx Xxxxx, Xxxxx 000
1,378 rentable square feet (1,198 usf)
[DIAGRAM OF EXPANSION SPACE]
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EXHIBIT B
Exterior Sign Specifications
[DIAGRAM SHOWING VIGNETTE LOGO]
Page 3 of 4
EXHIBIT B
Exterior Sign Specifications
[DIAGRAM]
Page 3 of 4
EXHIBIT B
Exterior Sign Specifications
[DIAGRAM]
Page 4 of 4
EXHIBIT B
Exterior Sign Specifications
[DIAGRAM]
