AMENDMENT TO LEASE
THIS AGREEMENT is made as of October 20, 1997, between SOUTHLAKE
PARTNERS #1, a Kansas general partnership, hereinafter referred to as Lessor,
and INFORMIX SOFTWARE, INC., a Delaware corporation, hereinafter referred to
as Lessee.
WHEREAS, Lessor and Lessee entered into a Lease dated August 15, 1987,
as amended on April 15, 1988, covering Premises known and numbered as 00000
Xxxxxxx Xxxxxxxxx, Xxxxxx, Xxxxxx and 00000 Xxxxxxxx Xxxxxx, Xxxxxx, Xxxxxx,
all as more particularly set forth in said agreements; and
WHEREAS, Lessor and Lessee wish to modify the Lease referred to above as
set forth herein.
NOW THEREFORE, it is agreed between the parties hereto as follows:
The Premises are modified, effective May 1, 1998, by deleting that part
of the premises known and numbered as 00000 Xxxxxxxx Xxxxxx, Xxxxxx, Xxxxxx.
Effective May 1, 1998, the Premises shall be known as 00000 Xxxxxxx
Xxxxxxxxx, Xxxxxx, Xxxxxx, as legally described on Exhibit "A" hereto.
1. The original term of this Lease is hereby extended for a period of
five (5) years, commencing May 1, 1998 and ending April 30, 2003 (Extended
Term).
2. During the Extended Term the base rental for the Premises shall be
at the rate of $966,000.00 annually, payable in equal monthly installments of
$80,500.00.
3. Paragraph 28 of the Lease is hereby deleted and the following
substituted therefor:
Lessee is hereby given two (2) separate and successive five-year renewal
options to extend the original term and the Extended Term of this lease.
In the event that Lessee wishes to exercise either or both of said
options, it shall give written notice of its desire to renew this Lease
not later than twelve (12) months prior to the expiration of the
then-existing original or renewal term. Said options shall be as follows:
a) The first option to extend shall be for a term commencing May
1, 2003 and ending April 30, 2008. During said renewal term, the
base rental shall be $1,085,600.00 annually, payable in equal
monthly installments of $90,466.67.
b) The second renewal option shall be for a term commencing May 1,
2008 and ending April 30, 2013. During said period of renewal the
base rental shall be at the rate of $1,251,200.00 annually, payable
in equal monthly installments of $104,266.67.
AMENDMENT TO LEASE Page 2
LESSEE: INFORMIX SOFTWARE, INC.
LESSOR: SOUTHLAKE PARTNERS #1
4. Except as specifically set forth herein, all terms and conditions of
the Lease shall remain in full force and effect during the Extended Term
created herein.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment to
Lease to be effective as of the day and year first above written.
INFORMIX SOFTWARE, INC.
a Delaware corporation
LESSEE
By: /s/ Xxxx X. Xxxxx
Xxxx X. Xxxxx
Senior Counsel and Assistant Secretary
SOUTHLAKE PARTNERS #1, a Kansas
general partnership LESSOR
By: LENEXA INDUSTRIAL PARK, INC.,
a Kansas corporation
General Partner
By: /s/ Xxxxx Xxxxxx
VP & Asst. Sec.
By: INFORMIX SOFTWARE, INC.
Delaware corporation
General Partner
By: /s/ Xxxx X. Xxxxx
Xxxx X. Xxxxx
Senior Counsel and Assistant Secretary
EXHIBIT "A"
Xxx 0, Xxxxx 0, XXXXXXXXX Xxxxx Xxxx, a subdivision in the City of Lenexa,
Xxxxxxx County, Kansas, as shown on the attached Exhibit "A-1".
EXHIBIT A-1
[SCHEMATIC DRAWING OF PREMISES]
