EXHIBIT 10.35
LEASE AGREEMENT
This document amends the Lease Agreement dated November 14, 1996 and amended
November 24, 1997 by and between Blue Lake Partners, Ltd. ("Landlord"), and
McAfee Software, Inc., a Delaware Corporation ("Tenant"), for the Premises
located at 4099 XxXxxx, Suites 500, 620, & 700, Xxxxxx, Xxxxx 00000 as follows:
Basic Lease Provision No. 2 "Premises"
Effective June 1, 1998, Tenant shall expand into Suite #300 in the 4101 XxXxxx
Building containing 15,869 rentable square feet within The Centre office
complex while maintaining all its space at 4099 XxXxxx Suites 500, 620, & 700.
The new, combined square footage will total 53,581 rentable square feet. The
expansion space (4101 XxXxxx, Suite #300) is further defined and delineated on
the attached Exhibit "A-2". Tenant shall have the right to tie both buildings
together with copper and fiber.
Basic Lease Provision No. 3 "Basic Rent"
Effective June 1, 1998, Tenant's Basic Monthly Rent shall adjust as follows:
Term Monthly Rent
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June 1, 1998 thru Jan. 31, 2002 $73,387.35
Feb. 1, 2002 thru Feb. 17, 2003 $78,014.50
Basic Lease Provision No. 4 "Tenant's Pro Rate Share"
Effective June 1, 1998, Tenant's proportionate share of the 4101 XxXxxx
Building shall be set at 12.76% for all purposes under this Lease. Tenant's
proportionate share of the 4099 XxXxxx Building shall remain 30.47% for all
purposes under the Lease.
Basic Lease Provision No.'s 5&6 "Operating Expense Stop"
Effective June 1, 1998, the Expense Stop for the expansion space only (4101
XxXxxx, Suite #300) shall be set at an amount equal to the sum of the actual
grossed up operating expenses for 1998, expressed as a function of 124,326
rentable square feet for the building.
Basic Lease Provision No. 7 "Term"
Effective June 1, 1998, Tenant's Lease Term for the expansion space (4101
XxXxxx, Suite 300) shall be fifty-six (56) months for an expiration date
coterminous with Tenant's existing space of February 17, 2003.
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
$130,919.25 (The "Finish Allowance"). 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 D. Tenant agrees to execute an
Acceptance of Premises Memorandum upon Substantial Completion as defined in
Exhibit X.
Xxxxx No. 3 "Tenant's Right of First Refusal"
Effective June 1, 1998, Tenant shall be granted a "Right of Second Refusal", in
the expansion space only (4101 XxXxxx, Suite 300), on all the area described on
the attached Schedule "A-1". Such Right shall be granted under the same terms
and conditions as Tenant's existing Right of First Refusal except that Tenant's
right of opportunity on the Second Right of Refusal space will be subordinate to
any and all existing renewal, expansion, and refusal rights of existing tenants.
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 27th day of March, 1998.
LANDLORD: Blue Lake Partners, Ltd.
By: SF Realty, Inc. Its General Partner
By: /s/ XXXX XXXXXXXX
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Xxxx Xxxxxxxx, Leasing Manager
TENANT: McAfee Software, Inc.
(a Delaware Corporation)
By: /s/ XXXXXX XxXXXXXX
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Xxxxxx XxXxxxxx
VP Sales Finance
Exhibit "A-2"
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Schedule "A-1"
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Schedule "A-1"
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