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SECOND AMENDMENT TO OFFICE LEASE

Office Lease Agreement

SECOND AMENDMENT TO OFFICE LEASE | Document Parties: COUGAR BIOTECHNOLOGY, INC. | LASALLE/ONE WESTWOOD LIMITED PARTNERSHIP You are currently viewing:
This Office Lease Agreement involves

COUGAR BIOTECHNOLOGY, INC. | LASALLE/ONE WESTWOOD LIMITED PARTNERSHIP

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Title: SECOND AMENDMENT TO OFFICE LEASE
Governing Law: California     Date: 11/13/2007

SECOND AMENDMENT TO OFFICE LEASE, Parties: cougar biotechnology  inc. , lasalle/one westwood limited partnership
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Exhibit 10.2

SECOND AMENDMENT TO OFFICE LEASE

This SECOND AMENDMENT TO OFFICE LEASE (“Second Amendment”) is made and entered into as of November 19, 1999, by and between LASALLE/ONE WESTWOOD LIMITED PARTNERSHIP, an Illinois limited partnership (“Landlord”), and L’ETAT FRANCAIS, represented by the Consulate General of France, Los Angeles, California (“Tenant”).

RECITALS:

A. Landlord and Tenant entered into that certain Office Space Lease (the “Office Lease”), dated September 29, 1989, as amended by that certain First Amendment to Lease, dated luly 28, 1994 (the “First Amendment”), pursuant to which Landlord leased to Tenant and Tenant leased from Landlord certain space commonly known as Suite 300 (the “Premises”) located on the third (3 ld ) floor of the building located at 10990 Wilshire Boulevard, Los Angeles, California (the “Building”). The Office Lease and the First Amendment are collectively referred to herein as the “Lease.”

B. The parties desire to amend the Lease on the terms and conditions set forth in this Second Amendment.

AGREEMENT:

NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto hereby agree as follows.

1. Terms . All undefined terms when used herein shall have the same respective meanings as are given such terms in the Lease unless expressly provided otherwise in this Second Amendment.

2. Extended Term . The expiration date of Tenant’s lease of the Premises is hereby extended from May 31, 2000 to and including May 31, 2010 (the Extended Expiration Date), and shall expire on the Extended Expiration Date, unless the Lease, as amended by this Second Amendment, is sooner terminated as provided in the Lease. The term of Tenant’s lease of the Premises commencing as of June 1, 2000 (the “Extended Term Commencement Date”) and continuing through and including the Extended Expiration Date is referred to herein as the “Extended Term.”

3. Condition of Premises . Tenant acknowledges that Tenant currently occupies the Premises pursuant to the terms of the Lease, and that, during the Extended Term, Tenant shall continue to accept the Premises in their currently existing, “as is” condition. Notwithstanding the foregoing to the contrary, Landlord shall provide to Tenant a one-time allowance in the amount of $5.00 for each 10,485 usable square feet of the Premises (the “Tenant Improvement Allowance”) for the purpose of repainting and re-carpeting the Premises (the “Improvements”), which Improvements shall be constructed in accordance with Article XI of the Office Lease. Landlord shall disburse the Tenant Improvement Allowance in accordance with Landlord’s reasonable disbursement procedure. In the event that the Tenant Improvement Allowance is not fully utilized by Tenant as set forth herein within six months following the Extended Term Commencement Date, such unused amount shall revert to Landlord and Tenant shall have no further rights with respect thereto. In no event shall Landlord be obligated to provide or pay for any improvement work or services related to the improvement of the Premises, except to the extent set forth hereinabove.

4. Rent . Prior to the Extended Term Commencement Date, Tenant shall continue to pay Monthly Basic Rent and additional rent for the Premises in accordance with the terms of the Lease.

 

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4.1 Monthly Basic Rent . During the Extended Term, Tenant shall to pay Monthly Basic Rent for the Premises in an amount equal to the sum of (i) the applicable amount set forth below, and (ii) the “Additional Monthly Basic Rent,” as that term is defined herein below, all in accordance with the terms of Article 4 of the Lease.

 

Year of Extend Term

   Monthly Basic Rent

1 through 5

   $ 34,587.60

6 through 10

   $ 38,835.20

Notwithstanding anything in the Lease to the contrary, in no event shall the Basic Rent payable by Tenant during the Extended Term be subject to increase based upon increases in the Index.

The “Additional Monthly Basic Rent” shall initially mean Three Thousand Thirty-Three and No/100 Dollars ($3,033.00). Notwithstanding the foregoing, the Additional Monthly Basic Rent shall increase from time to time, upon notice from Landlord to Tenant, to an amount equal to the sum of (a) the product of (i) twenty-five (25) and (ii) the prevailing rate charged by Landlord from time to time for unreserved parking passes at the Project, and (b) the product of (i) two (2) and (ii) the prevailing rate charged by Landlord from time to time for reserved parking passes at the Project.

4.2 Additional Rent . During the Extended Term, Tenant shall pay Tenant’s Building Expense Percentage of Operating Expenses in accordance with the terms of Article 5 the Office Lease; provided, however, that during the Extended Term, all references to Tenant’s obligation to pay Tenant’s Building Expenses Percentage of Operating Expenses shall be deemed to mean Tenant’s Building Expense Percentage of Operating Expenses which are in excess of the amount of Tenant’s Building Expense Percentage of Operating Expenses applicable to the calendar year 2000 (the “Base Year”). Accordingly, as of the Extended Term Commencement Date, the first two (2) sentences of Section 5.5 of the Lease shall be deleted and of no further force or effect. Notwithstanding anything in the Lease, as amended hereby, to the contrary, in no event shall the components of Operating Expenses for any calendar year following the Base Year related to electrical costs or real property taxes, respectively, be less than the corresponding components of Operating Expenses attributable to the Base Year.

5. Damage or Destruction . Tenant hereby acknowledges and agrees that, notwithstanding anything in the Lease to the contrary, upon notice to Tenant, Landlord shall be permitted to terminate the Lease, as amended hereby, in the event that damage resulting from a casualty is not fully covered, except for deductible amounts, by Landlord’s insurance policies.

6. Remedies . Notwithstanding anything in the Lease to the contrary, Landlord shall have the remedy described in California Civil Code Section 1951.4 (lessor may continue lease in effect after lessee’s breach and abandonment and recover rent as it becomes due, if lessee has the right to sublet or assign, subject only to reasonable limitations). Accordingly, if Landlord does not elect to terminate the Lease, as amended hereby, on account of any default by Tenant, Landlord may, from time to time, without terminating the Lease, as amended hereby, enforce all of its rights and remedies under the Lease, as amended hereby, including the right to recover all rent as it becomes due.

7. Deletions . The words “or allowed,” in the eighth (8 th ) line of the third paragraph of Section 7.2 of the Office Lease, the twenty-seventh (27 lh ) through the twenty-eighth (28 lh ) lines of the first paragraph of Article X of the Office Lease, “except as hereafter provided in this Article X,” the eighteenth (18 lh ) through the twentieth (20 11 ) lines of the second paragraph of Article X of the Lease, “then Tenant may withhold the payment of rent for the period commencing upon expiration of the above Landlord cure period, as the same may have been extended, until the service is restored,” and the twenty-fifth (25 th ) through the twenty-eighth (28 lh ) lines of the second paragraph of Article X of the Office Lease, “If Landlord shall fail timely to reimburse Tenant, then Tenant may thereafter offset against rent due under this Lease the unreimbursed amount to which Tenant is entitled” are hereby deleted in their entirety and are of no further force or effect. In addition, Article 28 (option to extend lease) of the Office Lease is hereby deleted in its entirety, and is of no further force or effect.

 

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8. Maintenance and Repairs , The following language is hereby added to the end of the second (2 nd ) paragraph of Article X of the Office Lease.

“In the event of a dispute with respect to this second (2 nd ) paragraph of Article X, such dispute shall be determined by binding arbitration before a retired judge of the Superior Court of the State of California under the auspices of the Judicial Arbitration & Mediation Services, Inc.”

9. Brokers . Landlord and Tenant hereby warrant to each other that they have had no dealings with any real estate broker or agent in connection with the negotiation of this Second Amendment other than Jones Lang LaSalle Management Services, Inc. and Julien J. Studley (collectively, the “Brokers”) and that they know of no other real estate broker or agent who is entitled to a commission in connection with this Second Amendment. Landlord shall pay the Brokers pursuant to a separate written agreement. Each party agrees to indemnify and defend the other party against and hold the other party harmless from any and all claims, demands, losses, liabilities, lawsuits, judgments, costs and expenses (including without limitation reasonable attorneys’ fees) with respect to any leasing commission or equivalent compensation alleged to be owing on account of any dealings with any real estate broker or agent occurring by, through, or under the indemnifying party other than the Brokers. The terms of this Section 8 shall survive the expiration or earlier termination of the term of the Lease, as hereby amended.

10. Parking .

10.1 Number of Parking Passes . As of the Extended Term Commencement Date, Section 10 of the Basic Lease Provisions of the Office Lease shall be deleted and replaced with the following:

“10. Twenty-five (25) unreserved parking passes and two (2) reserved parking passes in the Project parking facilities.”

10.2 Parking . As of the Extended Term Commencement Date, the first three (3) sentences of Section 27.10 of the Office Lease shall be deleted and replaced with the following:

“Tenant shall rent the total number of parking passes as set forth in Section 10 of the Basic Lease Provisions. In consideration of Tenant’s payment of the Additional Monthly Basic Rent, Tenant shall not be charged separately for such parking passes.”

1 1 . No Further Modification . Except as specifically set forth in this Second Amendment, all of the terms and provisions of the Lease shall remain unmodified and in full force and effect. In the event of any conflict between the terms and conditions of the Lease and the terms and conditions of this Second Amendment, the terms and conditions of this Second Amendment shall prevail.

IN WITNESS WHEREOF, this Second Amendment has been executed as of the day and year first above written.

 

LANDLORD”     “TENANT”
LASALLE/ONE WESTWOOD LIMITED     L’ETAT FRANCAIS, represented by the
PARTNERSHIP,     Consulate General of France, Los Angeles,
an Illinois Limited Partnership     California
By:   JONES LANG LASALLE     By:  

The Honorable Guy Yelda

  MANAGEMENT SERVICES, INC.       Name:  

Guy Yelda

  By:   /s/ Jeffrey B. Ingham       Title:  

Consulate General of France in Los Angeles

    Jeffrey B. Ingham        
    Assistance Vice President        

 


FIRST AMENDMENT TO LEASE

(French Consulate Lease)

THIS FIRST AMENDMENT TO LEASE is made as of this 28th day of July, 1994 by and between LASALLE/ONE WESTWOOD LIMITED PARTNERSHIP, an Illinois limited partnership (“Landlord”) and L’ETAT FRANCAIS, represented by the Consulate General of France, Los Angeles, California (“Tenant”), with reference to the following:

A. Pursuant to an Office Space Lease, dated September 29, 1989 (the “Lease”), Landlord leased to Tenant premises on the third (3rd) floor of 10990 Wilshire Boulevard, Los Angeles (the “Premises”). Capitalized terms used in this Amendment which are not defined in this Amendment shall have the meaning ascribed to them in the Lease.

B. Landlord and Tenant desire to amend the Lease to cancel an early termination right of Tenant contained in the Lease, adjust the rental terms and provide Tenant with an allowance to be used for the renovation of the Premises.

NOW THEREFORE, for good and valuable consideration, the parties agree as follows:

1. Rentable Area. The Rentable Area of the Premises is confirmed to be 12,136 square feet.

2. Basic Rent. Paragraph 4 of the Basic Lease Provisions is amended to read as follows:

 

“(a) Annual Basic Rent:

  

Two Hundred Ninety Eight

Thousand Five Hundred Forty

Five and 60/100’s Dollars

($298,545.60) (Twenty Four and

60/100’s Dollars ($24.60) per

square foot of Rentable Area)

“(b) Monthlyd Basic Rent:

  

Twenty Four Thousand Eight

Hundred Seventy Eight and 80/100’s

Dollars (Two and 05/100’s

Dollars ($2.05) per

square foot of Rentable Area)

“Annual Basic Rent and Monthly Basic Rent are subject to annual increases based upon changes in cost of living in accordance with Section 4.2 of this Lease commencing on the first anniversary of the Measurement Date (June 1, 1990).”

 


[Signatures Continued from Page 3]

TENANT:

L’ETAT FRANCAIS, represented by the

Consulate General of France, Los

Angeles, California

 

By:  

The Honorable Jean-Daurice Ripert

Name:  

Jean-Daurice Ripert

Title:  

Consulate General of France in Los Angeles

 

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EXHIBIT “A”

 

Demising Wall .Area

Furnish and install new demising walls per plan with security mesh

Electrical suite separation of lights and outlets

Exit signs (2)

Relocate lights and reswitch

Air conditioning suite separation, add one new exterior zone (1 room), add one new interior zone (6 runs), plans and permit, certified air balance, one smoke EVAC test

Paint affected walls only

Separate carpet for new wall and relay

Remove grid and ceiling tile for demising wall,and repair after all is installed, materials supplied by building

Rubber base affected walls

New Corridor

Demolition of walls, carpet and doors

New walls demising with wire mesh to slab, including drywall ceiling

Install door units (2) relocated and new

Air conditioning revisions, add 2 smoke/fire dampers and 1 new supply, diffuser

Demo electrical and rework electrical

New lights (3) furnished by building

New exit signs (3)

Relocate lights (3)

Repair ceiling tile and grid on new corridor affected areas, material furnished by building

Furnish and install wallcovering new corridor

Paint drywall ceiling, doors and door frames

Rubber base affected areas

Carpet for new corridor

Fire / Life / Safety

Removal of certain interior doors

Tie-in of certain interior security doors to failsafe fire safety system

 


INDEX

CONSULATE GENERAL OF FRANCE

 

A. BASIC LEASE INFORMATION/LEASE, DATED 9/29/89

 

  B. (EXHIBIT A – DESCRIPTION OF PREMISES)

 

  C. (EXHIBIT B – WORK LETTER AGREEMENT)

 

  D. (EXHIBIT C – STANDARDS FOR UTILITIES & SERVICES)

 

  E. (EXHIBIT D – RULES AND REGULATIONS)

 

  F. (EXHIBIT E – 1989 OPERATING EXPENSE ESTIMATE)

 

  G. (EXHIBIT F – LEGAL DESCRIPTION)

 

H. LETTER RE WAIVER OF CERTAIN LEASE CLAUSES, DATED 2/19/90

 

I. LETTER RE EXTENSION OF “OUTSIDE COMMENCEMENT DATE” DATED 3/28/90

 


 

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