exv10w1





Exhibit
10.1




FIRST AMENDMENT TO LEASE




     THIS FIRST AMENDMENT TO LEASE (“First Amendment”) dated as of October 8, 2008, is entered into
by and between MCWHINNEY 409CC, LLC, a Colorado limited liability company (“Landlord”), and
CONSTANT CONTACT, INC., a Delaware corporation (“Tenant”).



RECITALS




     WHEREAS, Landlord and Tenant are parties to that certain Lease dated May 30, 2008 (“Lease”);
and



     WHEREAS, Landlord leased to Tenant and Tenant leased from Landlord approximately fifty
thousand (50,000) Rentable Square Feet of a Building to be constructed on Precision Drive,
Loveland, Colorado 80538, as more particularly described in the Lease; and



     WHEREAS, Landlord and Tenant desire to amend the terms of the Lease as set forth below.



     NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the parties agree as follows:




	     1.	 	Finish Allowance: The Landlord’s Work and the Tenant’s Finish Work as
defined in the Work Letter are hereby modified as set forth on Exhibit A attached to
and made a part of this First Amendment. As a result thereof, the Finish Allowance, as
set forth in Section 3.7 of the Work Letter, shall be decreased from a maximum of
Forty-Six Dollars ($46.00) per Rentable Square Foot to a maximum of Forty-Three Dollars
and Sixty-Seven Cents ($43.67) per Rentable Square Foot.
	 
	     2.	 	Real Property: Exhibit B which is attached to the Lease and which
legally describes the Real Property upon which the Building is to be constructed is
hereby amended and replaced in its entirety with Exhibit B attached to and made a part
of this First Amendment.
	 
	     3.	 	Other Terms and Conditions: All capitalized terms not defined herein
shall have the meanings set forth in the Lease and, except as expressly stated herein,
the Lease shall remain in full force and effect and shall be binding upon the parties
in accordance with their terms. If there is any conflict between the Lease and the
terms of this First Amendment, the terms of this First Amendment shall control.




 









 











     IN WITNESS WHEREOF the parties have executed this First Amendment as of the day and year first
written above.





					
	CONSTANT CONTACT, INC., 

a Delaware corporation
	 	McWHINNEY 409CC, LLC, a Colorado

limited liability company
	 
	By:	 /s/ Thomas C. Howd
	 	By: 	
 McWhinney Real Estate Services, Inc.,
	Print Name: Thomas C. Howd
	 	        a Colorado corporation, Manager
	Print Title: Senior Vice President, Customer Operations	 	 
	 
	ATTEST:	 	 
	 
	By: 	 /s/ Robert P. Nault
	 	By: 	 /s/ Douglas L. Hill
	Print Name: Robert P. Nault
	 	        Douglas L. Hill
	Print Title: Vice President and General 

Counsel
	 	        Chief Operating Officer
	 
	“Tenant”
	 	“Landlord”






2









 






Exhibit A




Intentionally Omitted




 









 








EXHIBIT B




REAL PROPERTY



A tract of land being all of Lot 1, Block 6 and a portion of Lot 2, Block 6 of the Myers Group
Partnership #949 Third Subdivision located in the West Half of Section 3, Township 5 North, Range
68 West of the 6th Principal Meridian, County of Larimer, State of Colorado being more particularly
described as follows:



Considering the North line of said Lot 1, Block 6 as bearing South 89°57’24” East and with all
bearings contained herein relative thereto:



BEGINNING at the Northwest corner of said Lot 1, Block 6; thence, along the North line of said Lot
1, Block 6, South 89°57’24” East, 556.64 feet; thence continuing along said North line, North
71°15’52” East, 29.78 feet to a point on the West right-of-way line of Precision Drive; thence
along said West right-of-way line the following three courses and distances, along a curve concave
to the East having a central angle of 06°16’45”, a radius of 305.00 feet, an arc length of 33.43
feet and the chord of which bears South 21°52’30” East, 33.41 feet; thence, South 25°00’53” East,
186.55 feet; thence along a tangent curve concave to the northeast having a central angle of
00°56’01”, a radius of 330.00 feet, an arc length of 5.38 feet and the chord of which bears South
25°28’54” East, 5.38 feet; thence, South 64°03’06” West, 55.17 feet; thence, South 40°39’06” West,
522.50 feet to a point on the Southwesterly line of said Myers Group Partnership #949 Third
Subdivision; thence along said line, North 49°20’55” West, 461.24 feet to a point on the East
right-of-way line of Rocky Mountain Avenue; thence along said East right-of-way line the following
two courses and distances, North 15°40’26” East, 78.44 feet; thence along a tangent curve concave
to the West having a central angle of 12°19’26”, a radius of 1,135.00 feet, an arc length of 244.13
feet and the chord of which bears North 09°30’43” East, 243.66 feet to the POINT OF BEGINNING.



TO BE KNOWN AS:



Lot 1, Block 6, of the Amended Plat of Lots 1 & 2, Block 6, Myers Group Partnership #949 Third
Subdivision to the City of Loveland, County of Larimer, State of Colorado.