SECOND AMENDMENT TO LEASE
EXHIBIT10.12
SECOND
AMENDMENT TO LEASE
THIS
SECOND AMENDMENT TO LEASE (this “Second
Amendment”)
is
made to be effective June 1, 2006 (the “Effective Date”), by and between
PERFICIENT, INC. (“Tenant”),
and
CARRAMERICA REALTY, L.P., t/a The Setting (“Landlord”)
(Tenant and Landlord sometimes collectively referred to herein as the
“Parties”).
W
I T N E
S S E T H:
WHEREAS,
Landlord and Tenant entered into that certain Lease dated as of April 7, 2003
(the “Original
Lease”),
and
that certain Amendment to Lease dated effective May 31, 2005 (the “First
Amendment”)
(the
Original Lease and the First Amendment being collectively referred to herein
as,
the “Lease”),
pertaining to the lease of certain premises located in Xxxxxx County, Texas,
consisting of approximately 2,701 rentable square feet in Suite 220 of that
certain office building locally known as Building III of “The Setting,” 0000
Xxxxx Xxxxxxx xx Xxxxx Xxxxxxx, Xxxxxx, Xxxxx 00000;
WHEREAS,
the term of the Lease expires on May 31, 2006; and
WHEREAS,
Tenant desires to extend the term of the Lease in accordance with the renewal
option set forth thereof and to make certain other modifications, and Landlord
has agreed to such modifications in accordance with the provisions of this
Second Amendment.
NOW,
THEREFORE, in consideration of the premises and the mutual covenants and
agreements hereinafter made, and for other good and valuable consideration,
the
receipt and sufficiency of which are hereby acknowledged, Landlord and Tenant
hereby agree as follows:
1. Extension
of Lease.
As of
the Effective Date, the Term of the Lease is hereby extended to expire on May
31, 2008.
2. Base
Rent.
Landlord and Tenant hereby agree that, as of the Effective Date, the Base Rent
applicable to the Leased Premises shall be as follows:
Period
|
Monthly
Rent
|
Annual
Rent
|
|||||
06/01/06-05/31/07
|
|
$2,701.00
|
$
|
32,412.00
($12.00 psf
|
)
|
||
06/01/07-05/31/08
|
|
$2,813.54
|
$
|
33,762.50
($12.50 psf
|
)
|
3. Operating
Cost Share Rent.
Tenant
further acknowledges and agrees that it shall be liable for the payment of
Operating Cost Share Rent and Additional Rent, as specified in the
Lease.
4. Tenant
Improvements.
Except
as provided for in Exhibit
A
attached
hereto and subject to all of the applicable covenants, obligations, terms and
conditions of the Lease (as modified hereby), Tenant
acknowledges that it is currently occupying the Premises and has accepted the
Premises in their current “AS-IS,” “WHERE IS,” “WITH ALL FAULTS” basis, and is
satisfied with its condition.
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5. Extension
Option.
Tenant
hereby acknowledges and agrees that it is exercising its Extension Option as
set
forth in the First Amendment and shall have no further options or extensions
with regard to the Lease.
6. Miscellaneous.
a. All
terms
and conditions of the Lease not expressly modified by this Second Amendment
shall remain in full force and effect, and, in the event of any inconsistencies
between this Second Amendment and the terms of the Lease, the terms set forth
in
this Second Amendment shall govern and control. Except as expressly amended
hereby, the Lease shall remain in full force and effect as of the date
thereof.
b. Captions
used herein are for convenience only and are not to be utilized to ascribe
any
meaning to the contents thereof. Unless defined differently herein or the
context clearly requires otherwise, all terms used in this Second Amendment
shall have the meanings ascribed to them under the Lease.
c. This
Second Amendment (i) shall be binding upon and shall inure to the benefit of
each of the Parties and their respective successors, assigns, receivers and
trustees; (ii) may be modified or amended only by a written agreement executed
by each of the Parties; and (iii) shall be governed by and construed in
accordance with the laws of the State of Texas.
IN
WITNESS WHEREOF, the Parties hereby execute this Second Amendment to be
effective as of the Effective Date.
(SIGNATURE
PAGE FOLLOWS)
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TENANT:
PERFICIENT,
INC.
|
||
|
|
|
By: | /s/ Xxxxxxx X. Xxxx | |
Name: Xxxxxxx X. Xxxx |
||
Title: CFO |
LANDLORD:
CARRAMERICA
REALTY, L.P., t/a The Setting
|
||
By: |
CarrAmerica
Realty GP Holdings, LLC., a
Delaware
limited liability company, its
general
partner
|
|
By:
|
CarrAmerica
Realty Operating
Partnership,
LP, a Delaware limited
partnership,
is sole member
|
|
By:
|
CarrAmerica
Realty
Corporation,
a Maryland
corporation,
its general
partner
|
By: | |||
Name: | |||
Title: |
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