EXHIBIT 10.4
FIRST AMENDMENT TO MULTI-TENANT INDUSTRIAL LEASE
(TRIPLE NET)
This
FIRST AMENDMENT TO MULTI-TENANT INDUSTRIAL LEASE (TRIPLE NET) (the
“ First Amendment ”) is entered into as of
September 1, 1997, by and between AEW/LBA ACQUISITION CO. II,
LLC, a California limited liability company (“
Landlord ”) and AURORA BIOSCIENCES CORPORATION, a
Delaware corporation (“ Tenant ”).
RECITALS:
A.
Landlord and Tenant entered into that certain Multi-Tenant
Industrial Lease ( Triple Net ) dated April 7, 1997
(the “Lease” ) for certain premises (the “
Original Premise ”) located within a multi-tenant
industrial building located at 11010 Torreyana Road, La Jolla,
California 92037. All terms not otherwise defined in this First
Amendment shall have the same meanings as set forth in the
Lease .
B.
Tenant desires to expand the Original Premises to include all of
the rentable square footage located on the second (2nd) floor of
the Building (the “ Expansion Premises ”).
C.
Landlord and Tenant desire to amend the Lease to provide for the
inclusion of the Expansion Premises into the Premises upon the
terms set forth herein.
AGREEMENT
:
NOW,
THEREFORE, in consideration of the foregoing, the mutual covenants
contained herein and other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, the
parties agree as follows:
1. Expansion Premises .
Section 1.5 of the Summary is amended to Include the Expansion
Premises within the definition of the Premises.
2. Monthly Operating Expense Charge .
Section 1.6 of the Summary is amended to increase
Tenant’s Share from 87.73% to 100%.
3. Rent. Section 1.9 of the Summary is
deleted and the following is substituted therefor.
| |
|
|
|
|
|
|
|
|
| Year |
|
Annual Base Rent |
|
Monthly Basic
Rent |
|
1*
|
|
$ |
1,632,888.00 |
|
|
$ |
136,074.00 |
** |
|
2
|
|
$ |
1,608,075.60 |
|
|
$ |
134,006.30 |
|
|
3
|
|
$ |
1,732,648.90 |
|
|
$ |
144,404.08 |
|
|
4
|
|
$ |
1,783,985.10 |
|
|
$ |
148,663.76 |
|
|
5
|
|
$ |
1,838,165.70 |
|
|
— $ |
153,180.48 |
|
|
6
|
|
$ |
1,893,787.90 |
|
|
$ |
157,815.66 |
|
|
7
|
|
$ |
1,949,169.70 |
|
|
$ |
162,430.81 |
|
|
8
|
|
$ |
2,007,764.10 |
|
|
$ |
167,313.68 |
|
|
9
|
|
$ |
2,067,911.70 |
|
|
$ |
172,325.98 |
|
|
10
|
|
$ |
2,131,383.80 |
|
|
$ |
177,613.65 |
|
|
11
|
|
$ |
2,194,759.20 |
|
|
$ |
182,896.60 |
|
|
|
|
| * |
|
Plus any partial month at the beginning of the Term. |
| |
| ** |
|
Notwithstanding the forgoing Monthly Basic Rent for each of the
months of October, November and December of 1997 shall be
$34,074.00. |
4. Right of First Refusal. Tenant’s
right of first refusal under Section 1.4 of the Lease is
deleted.
5. Verification of Rentable Square Feet of
Premises . Section 1.5 of the Lease Is deleted.
The parties stipulate that, for purposes of the Lease, the Premises
and the Building contain 81,204 rentable square feet.
6. Manag
