EXHIBIT 10.64
ELEVENTH AMENDMENT TO LEASE
This Eleventh Amendment to that certain Lease (this "Eleventh
Amendment") dated as of the 23 day of April, 1998, between HUB PROPERTIES
TRUST, a Maryland real estate investment trust ("LANDLORD") and Corvas
International, Inc., a Delaware corporation ("TENANT").
WHEREAS, Hartford Accident and Indemnity Company (the "ORIGINAL
LANDLORD") and Corvas, Inc. (the "ORIGINAL TENANT) entered into a certain
lease dated March 28, 1989 of a portion of the premises located at 0000
Xxxxxxx Xxxx Xxxx, Xxx Xxxxx, Xxxxxxxxxx, as amended by certain Lease
Amendments dated March 23, 1990 and May 18, 1990; and
WHEREAS, Corvas International, Inc., a California corporation ("CORVAS")
succeeded to the interests of Original Tenant as set forth in Consent to
Assignment of Lease dated March 13 1991; and
WHEREAS, Original Landlord and Corvas entered into a Third Lease
Amendment dated May 16, 1991; Fourth Lease Amendment dated January 21, 1992;
Fifth Lease Amendment dated April 15, 1992; Sixth Lease Amendment dated July
16, 1992; and Seventh Lease Amendment dated January 18, 1993; and
WHEREAS, Tenant succeeded to the interests of Corvas as set forth in
Consent to Assignment of Lease dated September 14, 1993; and
WHEREAS, Xxxxxxx Realty I Limited Partnership succeeded to the interests
of Original Landlord; and
WHEREAS, Xxxxxxx and Tenant entered into an Eighth Lease Amendment dated
July 7, 1995 and a Ninth Lease Amendment dated March 15, 1996; and
WHEREAS, Landlord succeeded to the interests of Xxxxxxx as set forth in
Assignment and Assumption of Leases, Contracts and Other Property Interests
dated December 5, 1996; and
WHEREAS, Landlord and Tenant entered into a Tenth Amendment to Lease
dated May 12, 1997; and
WHEREAS, for purposes of this Eleventh Amendment, the above-referenced
lease dated March 28, 1989 as amended on March 23, 1990; May 18, 1990; May
16, 1991; January 21, 1992; April 15, 1992; July 16, 1992; January 18, 1993;
July 7, 1995; March 15, 1996 and May 12, 1997 shall be hereinafter defined
collectively as "the LEASE"; and
WHEREAS, Tenant wishes to exercise its final option to extend the term
of the Lease and Landlord is willing to agree to such extension upon the
terms and conditions hereinafter set forth.
NOW, THEREFORE, in consideration of the foregoing and for other
consideration, the receipt and sufficiency of which are hereby mutually
acknowledged, Landlord and Tenant agree that the Lease is hereby amended as
follows:
1. The definition of "TERMINATION DATE" as set forth in Section II.E.
of the Lease shall be amended by deleting the date "September 30, 1998"
therefrom and inserting the date of "September 30, 1999" in its place.
2. The definition of "BASE RENT" as set forth in Section II.G of the
Lease shall be amended by inserting the following at the end thereof:
"10/01/98-09/30/99, $1,005,934.48."
3. The definition of "MONTHLY INSTALLMENTS OF BASE RENT" set forth in
Section II.H. of the Lease shall be amended by inserting the following at the
end thereof:
"10/01/98-09/30/99, $83,827.87."
4. Section II.F is hereby deleted in its entirety.
5. Section II.W.a. (a) of the Lease shall be amended by inserting the
following at the end thereof:
"10/01/98-09/30/99, $33.34."
6. Tenant warrants and represents that it has dealt with no broker in
connection with the execution of this Eleventh Amendment and agrees to
indemnify Landlord and hold it harmless from and against any and all
brokerage claims arising therefrom.
7. Except as herein specifically amended, this Lease is hereby
ratified and confirmed.
IN WITNESS WHEREOF, the parties have hereto executed this Eleventh
Amendment the date first above-written.
LANDLORD:
HUB PROPERTIES TRUST,
a Maryland real estate investment trust
By: /s/ XXXXX X. XXXXXXX
-------------------------------
Name: Xxxxx X. Xxxxxxx
Its: President
TENANT:
CORVAS INTERNATIONAL, INC.,
a Delaware corporation
By: /s/ XXXXXXX X. XXXXX
-------------------------------
Name: Xxxxxxx X. Xxxxx
Its: President & CEO
