EXHIBIT 10.18
SECOND LEASE AMENDMENT
BETWEEN
BENAROYA CAPITAL COMPANY, LLC
AND
ICOS CORPORATION
This Second Lease Amendment dated August 13, 2001 is attached to and made part
of that certain Lease dated May 20th, 1997, as amended by that First Lease
Amendment dated February 18, 1998 (the "Lease") between Benaroya Capital
Company, LLC., a Washington limited liability company, as Lessor ("Lessor") and
ICOS Corporation., a Delaware corporation, as Lessee ("Lessee") in the Building
known as Canyon Park - 4, at 0000 000xx Xxxxxx XX in Bothell, Washington (the
"Premises"). The Premises are more particularly described in the Lease.
The terms used herein shall have the same definitions as set forth in the Lease.
In consideration of the mutual covenants and promises contained in this Second
Lease Amendment, the First Lease Amendment, and the Lease, Lessor and Lessee
agree as follows:
1. SECTION 1 PREMISES. The Premises' area is hereby amended to be 17,390
square feet, consisting of 13,022 square feet of office/laboratory area
and 4,368 square feet of mezzanine storage area, as outlined on the floor
plan of the Premises attached hereto as Exhibit A-1, which hereby replaces
Exhibit A of the Lease.
2. SECTION 2 TERM. The Term of the Lease is hereby extended for an additional
term of three (3) years, ten (10) months, and ten (10) days, commencing
May 22, 2002 and expiring March 31, 2006 ("the First Extended Term"). This
extension constitutes Lessee's exercise of the first (1st) of two (2)
successive options to renew as provided in Section 34, Option to Extend,
of the Lease, as amended by the First Lease Amendment, thereby leaving one
(1) five (5) year option to renew remaining (the term of that renewal, if
exercised will be for the period of April 1, 2006 to March 31, 2011). The
actual term of this extension is (3) years, ten (10) months, and ten (10)
days, rather than 5 years. Lessee has requested of Lessor, and Lessor has
agreed, to revise the Term of the First Extended Term to be co-terminus
with the other lease between Lessor and Lessee for the adjacent space in
the CP-4 Building.
8/13/01, Page 2
3. SECTION 3 RENT. During the First Extension Term, the Base Monthly Rent
shall be as follows:
Months Base Monthly Rent
------ -----------------
May 22, 2002 - May 21, 2003 $ 9,944.00
May 22, 2003 - May 21, 2004 $10,416.00
May 22, 2004 - May 21, 2005 $10,911.00
May 22, 2005 - March 31, 2006 $11,429.00
4. SECTION 4 SECURITY DEPOSIT. The Security Deposit is hereby increased by
Two Thousand Eight Hundred Twenty-Three and No/100 dollars ($2,823.00),
from Eight Thousand Six Hundred Six and No/100 dollars ($8,606.00), to
Eleven Thousand Four Hundred Twenty-Nine and No/100 dollars ($11,429.00).
Except as otherwise modified by the Terms of this Second Lease Amendment, all
other terms and conditions of the Lease remain unchanged and in full force and
effect.
LESSOR: LESSEE:
BENAROYA CAPITAL COMPANY, LLC. ICOS CORPORATION
/s/ Xxxxx X. Xxxxxxxx /s/ Xxxx Xxxxxx
------------------------------------ ---------------------------------------
By: Xxxxx X. Xxxxxxxx By: Xxxx Xxxxxx
Its: Manager Its: EVP, Operations
8/13/01, Page 3
STATE OF WASHINGTON ]
] ss.
COUNTY OF KING ]
I certify that I know or have satisfactory evidence that Xxxxx X. Xxxxxxxx is
the person who appeared before me, a Notary Public in and for the State of
Washington duly commissioned and sworn, and acknowledged that he is the Manager
of BENAROYA CAPITAL COMPANY, LLC, a Washington limited liability company who
executed the within and foregoing instrument, and acknowledged the instrument to
be the free and voluntary act and deed of said company for the uses and purposes
therein mentioned, and on oath stated that affiant is authorized to execute said
instrument on behalf of said company.
IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal the
day and year first above written.
/s/ Xxxxxxx X. Xxxxxx
-------------------------------------------
Notary Public in and for the
State of Washington
residing at Seattle
Commission expires 11/9/02
Print Name Xxxxxxx X. Xxxxxx
STATE OF WASHINGTON ]
] ss.
COUNTY OF Snohomish ]
I certify that I know or have satisfactory evidence that Xxxx Xxxxxx is
the person who appeared before me, a Notary Public in and for the State of
Washington duly commissioned and sworn, and acknowledged that he/she is the
representative, of ICOS CORPORATION, a Delaware corporation, who executed the
within and foregoing instrument, and acknowledged the instrument to be the free
and voluntary act and deed of said corporation for the uses and purposes therein
mentioned, and on oath stated that affiant is authorized to execute said
instrument on behalf of said corporation.
IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal the
day and year first above written.
/s/ Xxxx X. Xxxxxxx
-------------------------------------------
Notary Public in and for the
State of Washington
residing at Snohomish
Commission expires 4/29/02
Print Name Xxxx X. Xxxxxxx
8/13/01, Page 4
EXHIBIT A-1
FLOOR PLAN OF THE PREMISES
