Back to top

SECOND AMENDMENT TO STANDARD INDUSTRIAL/COMMERCIAL SINGLE-TENANT LEASE- NET

Lease Agreement

SECOND AMENDMENT TO STANDARD INDUSTRIAL/COMMERCIAL SINGLE-TENANT LEASE- NET | Document Parties: CERUS CORPORATION | DEVELOPMENT, INC You are currently viewing:
This Lease Agreement involves

CERUS CORPORATION | DEVELOPMENT, INC

. RealDealDocs™ contains millions of easily searchable legal documents and clauses from top law firms. Search for free - click here.
Title: SECOND AMENDMENT TO STANDARD INDUSTRIAL/COMMERCIAL SINGLE-TENANT LEASE- NET
Date: 10/30/2008
Industry: Biotechnology and Drugs     Sector: Healthcare

SECOND AMENDMENT TO STANDARD INDUSTRIAL/COMMERCIAL SINGLE-TENANT LEASE- NET, Parties: cerus corporation , development  inc
50 of the Top 250 law firms use our Products every day

Exhibit 10.2

SECOND AMENDMENT TO STANDARD INDUSTRIAL/COMMERCIAL

SINGLE-TENANT LEASE- NET

This S ECOND A MENDMENT T O S TANDARD I NDUSTRIAL /C OMMERCIAL S INGLE -L ESSEE L EASE - N ET (“Amendment”) is entered into this 18th day of September, 2008, by and between C ALIFORNIA D EVELOPMENT , I NC . , a California corporation (“ Lessor ”), and C ERUS C ORPORATION , a Delaware corporation (“ Lessee ”). All capitalized terms used herein and not otherwise defined herein shall have the meanings set forth in the Lease.

RECITALS

A. Lessor and Lessee are parties to that certain Standard Industrial/Commercial Single Lessee Lease - Net, dated October 12, 2001, as amended by (i) that certain Rider to A.I.R.E.A. Standard Industrial/Commercial Single Lessee Lease - Net, dated September 15, 2001 (“ Rider ”), (ii) that certain Amendment to Standard Industrial/Commercial Single-Lessee Lease – Net dated as of April 10, 2002 (“ Expansion Amendment ”); (iii) that certain letter agreement dated June 14, 2006; and (iv) that certain letter agreement dated July 3, 2007 (collectively, the “ Lease ”) whereby Lessee is leasing from Lessor approximately 31,808 rentable square feet of space (the “ Premises ”) located in that certain building located at 2550 Stanwell Drive, Concord, California (the “ Building ”).

B. Lessor and Lessee desire to amend the Lease as set forth herein.

NOW, THEREFORE , in consideration of the mutual covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Lessor and Lessee agree that the Lease is amended as follows:

1. Recitals. The above-referenced Recitals are incorporated herein by reference.

2. Extension of Term. The Expiration Date of the Term of the Lease is hereby extended to November 11, 2013 and the period from November 12, 2008 through November 11, 2013 is referred to herein as the “ First Five-Year Extension Term ”.

3. Base Rent for the First Five-Year Extension Term. Commencing on November 12, 2008, Base Rent for the First Five-Year Extension Term shall be as follows:

 

 

 

 

 

 

 

 

Period

  

Base Rent Per
Month

  

Base Rent Per
Rentable Square Foot

November 12, 2008 – November 11, 2009

  

$

33,080.32

  

$

1.04

November 12, 2009 – November 11, 2010

  

$

34,034.56

  

$

1.07

November 12, 2010 – November 11, 2011

  

$

34,988.80

  

$

1.10

November 12, 2011 – November 11, 2012

  

$

36,261.12

  

$

1.14

November 12, 2012 – November 11, 2013

  

$

37,215.36

  

$

1.17

 

1


4. One-Year Extension Options.

a. Paragraph (a) of Insert 50 of the Rider is hereby deleted.

b. Grant and Exercise. Lessee shall have (5) consecutive options to extend the Term of the Lease (each, a “ One-Year Extension Option ”), each for one (1) additional year (each, a “ One-Year Extension Term ”), upon all the same terms and conditions of the Lease, excepting only that Base Rent shall be increased as provided below. Lessee shall exercise a One-Year Extension Option, if at all, by giving notice of such exercise to Lessor not less than six (6) months prior to the expiration of the First Five-Year Extension Term or the One-Year Term then in effect.

c. Base Rent for One-Year Extension Terms. Each One-Year Extension Term shall be deemed to be an “Extended Term” as such term is defined in Paragraph (b) of Insert 50 of the Rider, and the Base Rent for each One-Year Extension Term shall be increased according to the CPI Index adjustment procedure in Paragraph (b) of Insert 50 of the Rider.

5. Ten-Year Extension Option.

a. Grant. Lessee shall have the option (“ Ten-Year Extension Option ”), at anytime during the First Five-Year Extension Term or during any One-Year Extension Term, to extend the Term of the Lease for an additional ten (10) years (“ Ten-Year Extension Term ”) upon all the same terms and conditions of the Lease, excepting only that:

(i) at the time of Lessee’s exercise of the Ten-Year Extension Option, Lessee shall not be in default beyond any applicable cure period under the Lease;

(ii) any remaining portion of the First Five-Year Extension Term shall automatically be deemed terminated as of the effective date of the Lessee’s exercise of the Ten-Year Extension Option;

(iii) any remaining One-Year Extension Options shall automatically be deemed terminated;

(iv) Base Rent shall be determined as provided below; and

(v) Lessor shall provide tenant improvement allowances to Lessee as provided below.

b. Exercise of Option. Lessee shall exercise the Ten-Year Extension Option, if at all, by giving notice of such exercise to Lessor not less than six (6) months prior to the expiration of the First Five-Year Extension Term or the One-Year Term then in effect.

c. Base Rent for the Ten-Year Extension Term.

(i) Base Rent for any portion of the Ten-Year Extension Term up through November 11, 2013 shall be the same as stated in Section 3 of this Amendment.

 

2


(ii) The Ten-Year Extension Term shall be deemed to be an “Extended Term” as such term is defined in Paragraph (b) of Insert 50 of the Rider, and on November 12 of each year of the Ten Year Extension Term (commencing November 12, 2013) Base Rent shall be increased according to the CPI Index adjustment procedure in Paragraph (b) of Insert 50 of the Rider.

d. Ten-Year Extension Term Allowances. Lessor hereby acknowledges and agrees that a material portion of the consideration for Lessee’s agreement to enter into this Amendment is Lessee’s ability to enhance the Building during the Ten-Year Extension Term with various Alterations (as such term is defined in the Lease), and Lessor’s agreement to provide tenant improvement allowances as set forth below. When requesting Lessor’s consent to Alterations, Lessee shall include with such request Lessee’s reasonable estimate of the costs and expenses of installing such Alterations (“ Estimated Cost of Alterations ”). Lessor shall review and approve any plans, specifications or drawings submitted by Lessee to Lessor for approval with respect to the Alterations within five (5) days of receipt of the same, and if Lessor fails to either approve or reasonably disapprove the same within such five (5) day period, then the same shall be deemed approved. If Lessor reasonably disapproves of any aspect of Lessee’s plans and specifications for the Alterations, Lessor shall specify the reasons for disapproval in Lessor’s notice of disapproval. Lessor agrees that any disapproval shall be deemed unreasonable unless Lessor provides with its notice of disapproval demonstrable evidence that a decline in value in the Project would result from the proposed Alterations. Notwithstanding any other provision of the Lease to the contrary, if Lessor continues to fail to approve the plans and specifications for the Alterations for a period of forty-five (45) days after the initial submission of the same to Lessor, then Lessee shall have the right at any time thereafter to terminate the Lease by providing written notice thereof to Lessor, and upon receipt of such notice the Lease shall terminate, and Lessor shall promptly thereafter return all sums previously paid or deposited by Lessee to Lessor. Following approval of the plans and specifications for the Alterations, Lessor shall pay to Lessee an Unamortized Allowance (as defined below) as provided in subparagraph 5d(i) below and shall pay an Additional Allowance (as defined below) as provided in subparagraph 5d(ii) below. Upon substantial completion of the Alterations, Lessee shall give notice to Lessor specifying the date of such substantial completion (“ Notice of Completion ”) and as soon as reasonably practical shall provide to Lessor reasonable evi


 
SITE SEARCH

AGREEMENTS / CONTRACTS

Document Title:

Entire Document: (optional)

Governing Law:(optional)


Try our advanced search >>
 

CLAUSES

Search Contract Clauses >>

Browse Contract Clause Library>>

Get Email Updates
Email:
This is only a partial view of this document. We have millions of legal documents and clauses drafted by top law firms. learn more search for free browse for free learn more