EXHIBIT 10.5.1
FIRST AMENDMENT TO LEASE AGREEMENT
THIS FIRST AMENDMENT TO LEASE AGREEMENT (hereinafter called the "First
Amendment") entered into this 13th day of February, 1997, by and between SOARING
EAGLES ORCHARDS, INC., a Washington corporation, (hereinafter called "Landlord"
or "Lessor") and MISSION CRITICAL SOFTWARE, INC. (hereinafter called "Tenant" or
"Lessee").
WITNESSETH:
WHEREAS, under that certain Lease Agreement dated October 22, 1996
(hereinafter called the "Lease"), by and between Tenant and Landlord, Tenant
leased approximately 7,067 rentable square feet of space (hereinafter called the
"Leased Premises") on the fifth (5th) floor of the 000 Xxxxx Xxxx Xxx Xxxx
Xxxxxx Building (hereinafter called the "Building") situated at 000 Xxxxx Xxxx
Xxx Xxxx, Xxxxxxx, Xxxxx for a term of sixty-four (64) months;
WHEREAS, Landlord and Tenant have agreed to amend the Lease to expand the
Leased Premises, subject to the terms and conditions set forth herein; and
WHEREAS, Landlord and Tenant have agreed to further amend the terms of the
Lease upon the terms and conditions contained herein.
NOW, THEREFORE, as of the Commencement Date (hereinafter defined) it is
mutually covenant and agreed as follows:
1. EXPANSION AREA: The Premises shall be expanded by 2,205 square feet of
net rentable area ("NRA") as shown on the attached Exhibit "A", "First
Expansion" creating a new square footage for the Premises of 9,272
square feet of NRA.
2. PRIMARY TERM: The Term of the Expansion Area shall commence March 1,
1997 and terminate on March 31, 2002.
3. BASE RENT: The Base Rent payment for the entire Premises shall be as
follows:
March 1, 1997 through March 31, 1997: $0.00 monthly
April 1, 1997 through May 31, 1997: $6,874.18 monthly
June 1, 1997 through May 31, 1998: $9,814.18 monthly
June 1, 1998 through March 31, 2002: $8,895.43 monthly
4. TENANT'S INITIAL PRO RATA SHARE: Commencing March 1, 1997 the Tenant's
Pro Rata Share for the Building is changed from 7.6% to 10%.
5. TENANT'S IMPROVEMENTS: Landlord shall provide Tenant with an allowance
of $22,050.00 for the sole purposes of improving the Leased Premises.
Any additional costs shall be paid for by the Tenant prior to Tenant
taking occupancy of the First Expansion Area.
6. EXPANSION OPTION: Should Tenant expand into Suite 530 containing
approximately 1,455 square feet of NRA as shown on the attached
Exhibit "B", "Future Expansion" prior to June 1, 1997. Tenant shall
have the option to use the following terms and conditions:
Months 1-3: $0.00 per square foot
Months 4-15: $16.00 per square foot annually
Month 16 through March 31, 2002: $11.00 per square foot annually
Tenant Improvements: $10.00 per square foot of NRA
7. Unless otherwise defined herein all capitalized terms shall have the
same meaning as identified in the Lease.
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8. This First Amendment supersedes all previous legal documents between
Tenant and Landlord and except as specifically herein amended, all
other terms and conditions of the Lease shall remain in full force and
effect throughout the term of this First Amendment.
9. The submission of this First Amendment to Tenant shall not be
construed as an offer, reservation or option. Tenant has no additional
rights under this Lease unless Tenant and Landlord execute this First
Amendment and Landlord delivers the executed First Amendment to
Tenant.
IN WITNESS WHEREOF, the parties hereto executed this First Amendment to
Lease Agreement as of the day and year hereinabove written.
LANDLORD:
SOARING EAGLES ORCHARDS, INC., a
Washington Corporation by Xxxxxxxx-Xxxxxx
Interests its authorized agent
BY: /s/ X. Xxxxxxx Xxxxxx
---------------------------------
NAME: X. Xxxxxxx Xxxxxx
TITLE: Vice President
TENANT:
MISSION CRITICAL SOFTWARE INC.
BY: /s/ Xxxx X. Xxxxxxx, Xx.
---------------------------------
NAME: Xxxx X. Xxxxxxx, Xx.
TITLE: Chief Financial Officer
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