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AMENDMENT NO. 1 TO
VINTAGE PARK RESEARCH AND DEVELOPMENT LEASE
THIS AMENDMENT NO. 1 TO VINTAGE PARK RESEARCH AND DEVELOPMENT LEASE is
made and entered into as of June 7, 1996 by and between WCB SIXTEEN LIMITED
PARTNERSHIP, a Delaware limited partnership ("Landlord"), and CELL GENESYS,
INC., a Delaware corporation ("Tenant").
Landlord's predecessor-in-interest, Vintage Park Associates, and Tenant
entered into that certain Vintage Park Research and Development Lease ("Lease")
dated November 1, 1994. Landlord and Tenant now desire to amend the Lease to
expand the Premises and therefore do hereby agree as follows:
1. Amendment of Basic Lease Information. The items below from the
Basic Lease Information of the Lease are hereby amended to read as follows:
Premises and Building: 000 Xxxxxxxx Xxxxx, approximately 32,494 sq. ft. as
depicted on Exhibit A to Amendment No. 1
000 Xxxxxxxx Xxxxx, approximately 23,280 sq. ft.,
depicted on Exhibit A-2
000 Xxxxxxxx Xxxxx, approximately 22,479 sq. ft.,
depicted on Exhibit A-3
000 Xxxxxxxx Xxxxx, approximately 6,337 sq. ft.,
depicted on Exhibit A-4
TOTAL: Approximately 84,590 sq. ft.
Term Commencement: February 1, 1995, except April 1, 1995 for 366 "A"
Lakeside Drive and July 1, 1996 for remainder of
000 Xxxxxxxx Xxxxx
Base Rent:
February 1, 1996 through
June 30, 1996: $64,693.25
July 1, 1996 through
January 31, 1997: $93,028.25
February 1, 1997 through
January 31, 1998: $95,841.00
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First Option Period:
February 1, 1998 through
January 31, 2000: $105,737.50
February 1, 2000 through
January 31, 2002: $109,967.00
Tenant's Percentage Share:
000 Xxxxxxxx Xxxxx Through June 30, 1996:
12.79%; from July 1, 1996:
100%
000 Xxxxxxxx Xxxxx: 55.15%
000 Xxxxxxxx Xxxxx: 100.00%
000 Xxxxxxxx Xxxxx: 46.50%
Landlord's Address for Notices:
WCB Sixteen Limited Partnership
c/o WCB Properties
000 Xxxxxxx Xxxx Xxxxx, Xxxxx 000
Xxxxxx Xxxx, XX 00000
2. Expansion of Premises. Commencing July 1, 1996, the
remaining space in the building commonly known as 000 Xxxxxxxx Xxxxx,
consisting of approximately 28,335 rentable square feet, shall be added to and
become part of the premises in its then "as is" condition; provided, however,
that the then-existing improvements in the Premises shall comply with local and
state building standards regulations and with Americans with Disabilities Act
requirements and provided that all HVAC, electrical and plumbing systems within
and serving the Premises, together with a roof, shall be in good condition and
repair.
3. Termination of Right of First Offer. Tenant's right of
first offer as set forth in paragraph 23 of the Addendum to the Lease is hereby
terminated with respect to the 000 Xxxxxxxx Xxxxx Building.
4. Ratification. Landlord and Tenant hereby ratify and
confirm the terms of the Lease as amended in paragraphs 1 through 3 above.
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IN WITNESS WHEREOF, Landlord and Tenant have executed this Amendment as
of the date first above written.
TENANT: LANDLORD:
CELL GENESYS, INC., WCB SIXTEEN LIMITED PARTNERSHIP
a Delaware corporation a Delaware limited partnership
By: WCB SIXTEEN, INC., a
By: /s/ Xxxxxxxx Xxxxxx Xxxxx Delaware corporation,
------------------------------- general partner
Its: SVP & CFO
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By: /s/ Xxxxxxx X. Muspit
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Its: V.P.
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