EXHIBIT 10.39
LEASE AMENDMENT
This document amends the Lease Agreement dated November 14, 1996 and amended
November 24, 1997, March 27, 1998, June 4, 1998, July 21, 1998 and November 20,
1998 by and between Blue Lake Partners. Ltd. ("Landlord"), and McAfee Software,
Inc., a Delaware Corporation ("Tenant"), for the Premises located at 4099
XxXxxx, Suites 405, 500, 620, 660, 700 and 850, and 4101 XxXxxx, Suites 270 and
300 Xxxxxx, Xxxxx 00000 as follows:
Basic Lease Provision No. 2 "Premises"
Effective June 1, 1999, Tenant shall expand into Suite #800 in the 4099 XxXxxx
Building containing 4,750 rentable square feet and expand into Suite #100 in the
4101 XxXxxx Building containing 3,843 rentable square feet (for a total
expansion of 8,593 rentable square feet) within The Centre office complex while
maintaining all its then current space at 4099 and 4101 XxXxxx. Tenant's amended
square footage will total 80,512 rentable square feet for both Buildings. The
expansion spaces (0000 XxXxxx, Xxxxx #000 and 4101 XxXxxx, Suite #100) are
further defined and delineated on the attached Exhibits "A-7" and "A-8"
respectively.
IF LANDLORD IS UNABLE TO PROVIDE DELIVERY OR SUCH SPACES ON THE RESPECTIVE
DATES, THE RENTAL OBLIGATION FOR EACH SHOULD BE DELAYED ACCORDINGLY. IF DELIVERY
IS NOT MADE WITHIN 120 DAYS, TENANT HAS RIGHT TO TERMINATE LEASING OF THE
SPECIFIC SPACE.
Basic Lease Provision No. 3 "Basic Rent"
Effective June 1, 1999, Tenant's Basic Monthly Rent shall adjust as follows:
Term Monthly Rent
---- ------------
Jan. 1, 1999 thru Jan. 31, 2002 $117,657.00
Feb. 1, 2002 thru Feb. 17, 2003 $122,285.00
Basic Lease Provision No. 4 "Tenant's Pro Rate Share"
Effective January 1, 1999, Tenant's proportionate share of the 4099 XxXxxx
Building shall be amended to 46.16% for all purposes under this Lease. Tenant's
proportionate share of the 4101 XxXxxx Building shall be amended to 18.80% for
all purposes under this Lease.
Basic Lease Provision No.'s 5&6 "Operating Expense Stop"
Effective June 1, 1999, the Expense Stop for the expansion spaces (0000 XxXxxx,
Xxxxx #000 and 4101 XxXxxx, Suite #100) shall be set at an amount equal to the
sum of the actual grossed up operating expenses for 1999, expressed as a
function of 123,770 rentable square feet for the 4099 XxXxxx building and
124,326 rentable square feet for the 4101 XxXxxx Building.
Basic Lease Provision No. 7 "Term"
Effective June 1, 1999, Tenant's Lease Term for the expansion space at 0000
XxXxxx, Xxxxx #000 and 4101 XxXxxx, Suite 100 shall be forty-four and one-half
(44 1/2) months for an expiration date coterminous with Tenant's existing space
of February 17, 2003.
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Basic Lease Provision No. 11 "Tenant's Broker"
Tenant represents and warrants that it has dealt with no Broker or Agent in
connection with the execution of this Lease Amendment and Tenant agrees to
indemnify and hold harmless Landlord against all liabilities and costs arising
from a breach of such warranty including without limitation attorney's fees in
connection therewith.
Exhibit "D"
Exhibit D, Work Letter, Plans Agreed Upon/Finish Allowance, paragraph 2.1,
shall be amended such that Landlord shall provide an allowance up to $43,210.00
(The "Finish Allowance") on the expansion spaces only (4099 XxXxxx, Suites #800
and 4101 XxXxxx, Suite #100). Tenant acknowledges that Landlord has
satisfactorily completed all of Landlord's work and all tenant improvements
called for by or under all prior Exhibit "D" construction plans and
specifications to the Lease and any Amendments, and the only work to be
performed by Landlord is under this Amendment. Tenant Improvements shall be
constructed in accordance with Exhibit X.
Xxxxx No. 2 "Renewal Option"
This expansion areas (0000 XxXxxx, Xxxxx #000 and 4101 XxXxxx, Suite #100) shall
be subject to the same renewal option as the existing premises.
Submission of this instrument for examination or signature by Tenant is not
effective until execution by and delivery to both Landlord and Tenant.
All other terms and conditions shall remain the same and in full force and
effect.
EXECUTED the 18th day of March, 1999.
LANDLORD: Blue Lake Partners, Ltd.
By: SF Realty, Inc. Its General Partner
By: /s/ XXXX XXXXXXXX
--------------------------------
Xxxx Xxxxxxxx, Leasing Manager
TENANT: McAfee Software, Inc.
(a Delaware Corporation)
By: /s/ XXXXXXX X. XXXXX
--------------------------------
Xxxxxxx Xxxxx, CFO
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EXHIBIT "A-9"
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EXHIBIT "A-10"
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