FIRST AMENDMENT TO LEASE AND TERM COMMENCEMENT DATE AGREEMENT THIS FIRST AMENDMENT TO LEASE AND TERM COMMENCEMENT DATE AGREEMENT (this “Agreement”) is entered into as of this 20 day of September 2023 (“Effective Date”), by and
Exhibit 10.30
FIRST AMENDMENT TO LEASE AND TERM COMMENCEMENT DATE AGREEMENT
THIS FIRST AMENDMENT TO LEASE AND TERM COMMENCEMENT DATE AGREEMENT
(this “Agreement”) is entered into as of this 20 day of September 2023 (“Effective Date”), by and
between RREF II Kenmore Lessor III LLC and RREF II Kenmore Lessor IV LLC (collectively, “Landlord”), and Gritstone bio, Inc., a Delaware corporation (“Tenant”).
RECITALS
AGREEMENT
NOW, THEREFORE, Landlord and Tenant, in consideration of the mutual promises contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and intending to be legally bound, agree as follows:
Address of Building: |
The Beacon Building 000-000 Xxxxxx Xxxxxx Xxxxxx, Xxxxxxxxxxxxx |
Total Rentable Area of the Premises: |
73,495 rentable square feet (approx.) |
Term Commencement Date: |
July 1, 2023 |
Rent Commencement Date (subject to Applicable Free Rent Periods): |
July 1, 2023 |
Yearly Rent/Monthly Rent: |
As set forth on Exhibit A attached hereto and incorporated herein. |
First (1st) Lease Year: |
July 1, 2023 - June 30, 2024. |
Lease Expiration Date: |
June 30, 2033 |
Tenant’s Proportionate Share: |
37.36% |
Tenant acknowledges and agrees that all improvements, including without limitation, Xxxxxxxx’s Work, Landlord is obligated to make to the Premises have been completed to Tenant’s satisfaction, that Xxxxxx has accepted possession of the Premises, and that as of the date hereof, there exist no offsets or defenses to the obligations of Tenant under the Lease.
[Execution Page Follows]
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IN WITNESS WHEREOF the parties hereto have executed this First Amendment to Lease and Term Commencement Date Agreement as of the date set forth above.
TENANT:
a Delaware corporation
By: /s/ Xxxx X. Xxxxx Name: Xxxx X Xxxxx Title: Chief Operating Officer Hereunto duly authorized
|
LANDLORD:
RREF II Kenmore Lessor III LLC a Delaware limited liability company
By: /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Authorized Signatory
RREF II Kenmore Lessor IV LLC a Delaware limited liability company
By: /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Authorized Signatory
|
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Exhibit A
Yearly Rent / Monthly Rent:
Period |
Yearly Rent (starting at $96.00 Per rentable square foot) |
Monthly Rent |
Lease Year 1 July 1, 2023 – June 30, 2024* |
$7,055,520.00* |
$587,960.00* |
Lease Year 2 July 1, 2024 – June 30, 2025 |
$7,267,185.60 |
$605,598.80 |
Lease Year 3 July 1, 2025 – June 30, 2026 |
$7,485,201.17 |
$623,766.76 |
Lease Year 4 July 1, 2026 – June 30, 2027 |
$7,709,757.20 |
$642,479.77 |
Lease Year 5 July 1, 2027 – June 30, 2028 |
$7,941,049.92 |
$661,754.16 |
Lease Year 6 July 1, 2028 – June 30, 2029 |
$8,179,281.42 |
$681,606.78 |
Lease Year 7 July 1, 2029 – June 30, 2030 |
$8,424,659.86 |
$702,054.99 |
Lease Year 8 July 1, 2030 – June 30, 2031 |
$8,677,399.65 |
$723,116.64 |
Lease Year 9 July 1, 2031 – June 30, 2032 |
$8,937,721.64 |
$744,810.14 |
Lease Year 10 July 1, 2032 – June 30, 2033 |
$9,205,853.29 |
$767,154.44 |
* So long as this Lease is in full force and effect and Tenant is not in default of any of its obligations hereunder (beyond any applicable Grace Period (as defined below)), Tenant shall be entitled to an abatement of the monthly installment of Yearly Rent (but not Additional Rent, utilities, and other charges due hereunder which shall be paid as, when and to the extent same are payable pursuant hereto) (i) with respect to the Fifth Floor Portion of Premises A only for the first six (6) months from and after the Term Commencement Date, (ii) with respect to the 648 Fifth Floor Premises only for the first six (6) months from and after the Term Commencement Date, and (iii) with respect to the 648 Sixth Floor Premises only for the first three (3) months from and after the Term Commencement Date (collectively, the “Free Rent Period”); provided that the Free Rent Period will not be diminished by any other Rent abatement provided for under this Lease (e.g., casualty).
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