CancerVax Corp. Contracts
Sample Business Contracts
California-Marina del Rey-4503 Glencoe Avenue Lease [Amendment No. 2] - EOP-Marina Business Center LLC and CancerVax Corp.
Lease Forms
- Start a state-specific lease for the rental of commercial property. Specify the term and rent due, as well as whether the landlord or tenant is responsible for property taxes, insurance, and maintenance and repairs.
- When a tenant vacates commercial property before the lease term has expired, it may be able to rent the premises to a third party. The tenant would be the sublessor and the third party would be the sublessee. Besides preparing a sublease, both parties will want to review the provisions for assignment or subletting in the original lease agreement between the landlord and the sublessor.
- Tenants of residential property should prepare a sublease agreement if they are seeking to sublease a room or the entire apartment or house to a third party. All parties should review the original lease agreement to see if there are any restrictions on subletting or assigning the premises.
- Triple net leases are a type of commercial leases where the tenant has to pay for property taxes, insurance, utilities, and maintenance, in addition to the monthly rent.
- When renting an office space, tenants should understand the amount of the rent and duration of the lease. Other important terms include whether the space can be subleased, which parties are responsible for maintenance, and whether any furniture and furnishings will be provided.
SECOND AMENDMENT TO LEASE
THIS SECOND AMENDMENT TO LEASE (the "Amendment") is made and entered
into as of the 4th day of September 2002, by and between EOP-MARINA BUSINESS
CENTER, L.L.C., A DELAWARE LIMITED LIABILITY COMPANY ("Landlord"), and CANCERVAX
CORPORATION, A DELAWARE CORPORATION ("Tenant").
RECITALS
A. Landlord (as successor in interest to Spieker Properties, L.P., a
California limited partnership) and Tenant (as successor in interest to
John Wayne Cancer institute, a non-profit corporation) are parties to
that certain lease dated July 22, 1999, which lease has been previously
amended by a letter agreement dated October 8, 1999 and First Amendment
to Lease dated October 1, 2001 ("First Amendment") (collectively, the
"Lease"). Pursuant to the Lease, Landlord has leased to Tenant space
currently containing approximately 50,750 rentable square feet (the
"Premises") described as Suite Nos. 100 and 150 on the 1st floor and
mezzanine of the building commonly known as Marina Business Center
located at 4503 Glencoe Avenue, Marina del Rey, California (the
"Building").
B. Tenant and Landlord mutually desire that the Lease be amended on and
subject to the following terms and conditions.
NOW, THEREFORE, in consideration of the mutual covenants and agreements
herein contained and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, Landlord and Tenant agree as
follows:
I. AMENDMENT. Effective as of the date hereof (unless different effective
date(s) is/are specifically referenced in this Section), Landlord and
Tenant agree that the Lease shall be amended in accordance with the
following terms and conditions:
A. LETTER OF CREDIT. Landlord and Tenant acknowledge and agree
that effective as of the date hereof, the Letter of Credit
(Bank of America Irrevocable Standby Letter of Credit Number
3028429) in the amount of $778,000.00 held by Landlord as a
security for Tenant's obligations under the Lease shall be
reduced from $778,000.00 to $200,000.00. Except as modified
herein, the Letter of Credit shall be subject to the terms of
the Lease, as amended.
B. WORK LETTER. Effective as of the date hereof, the Work Letter
set forth in the Exhibit B of the First Amendment shall be
deleted in its entirety and of no further force or effect and
Tenant acknowledges and agrees that Tenant shall no longer
have any rights to the Allowance set forth therein. Any
construction, alterations or improvements to the Premises
shall be performed by Tenant at its sole cost and expense
using contractors selected by Tenant and approved by Landlord
and shall be governed in all respects by the terms of the
Lease.
II. MISCELLANEOUS.
A. This Amendment and the attached exhibits, which are hereby
incorporated into and made a part of this Amendment, set forth
the entire agreement between the parties with respect to the
matters set forth herein. There have been no additional oral
or written representations or agreements. Under no
circumstances shall Tenant be entitled to any Rent abatement,
improvement allowance, leasehold improvements, or other work
to the Premises, or any similar economic incentives that may
have been provided Tenant in connection with entering into the
Lease, unless specifically set forth in this Amendment. Tenant
agrees that neither Tenant nor its agents or any other parties
acting on behalf of Tenant shall disclose any matters set
forth in this Amendment or disseminate or distribute any
information concerning the terms, details or conditions hereof
to any person, firm or entity without obtaining the express
written consent of Landlord.
B. Except as herein modified or amended, the provisions,
conditions and terms of the Lease shall remain unchanged and
in full force and effect.
C. In the case of any inconsistency between the provisions of the
Lease and this Amendment, the provisions of this Amendment
shall govern and control.
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D. Submission of this Amendment by Landlord is not an offer to
enter into this Amendment but rather is a solicitation for
such an offer by Tenant. Landlord shall not be bound by this
Amendment until Landlord has executed and delivered the same
to Tenant.
E. The capitalized terms used in this Amendment shall have the
same definitions as set forth in the Lease to the extent that
such capitalized terms are defined therein and not redefined
in this Amendment.
F. Tenant hereby represents to Landlord that Tenant has dealt
with no broker in connection with this Amendment. Tenant
agrees to indemnify and hold Landlord, its members,
principals, beneficiaries, partners, officers, directors,
employees, mortgagee(s) and agents, and the respective
principals and members of any such agents (collectively, the
"Landlord Related Parties") harmless from all claims of any
brokers claiming to have represented Tenant in connection with
this Amendment. Landlord hereby represents to Tenant that
Landlord has dealt with no broker in connection with this
Amendment. Landlord agrees to indemnify and hold Tenant, its
members, principals, beneficiaries, partners, officers,
directors, employees, and agents, and the respective
principals and members of any such agents (collectively, the
"Tenant Related Parties") harmless from all claims of any
brokers claiming to have represented Landlord in connection
with this Amendment.
G. Each signatory of this Amendment represents hereby that he or
she has the authority to execute and deliver the same on
behalf of the party hereto for which such signatory is acting.
IN WITNESS WHEREOF, Landlord and Tenant have duly executed this
Amendment as of the day and year first above written.
LANDLORD:
EOP-MARINA BUSINESS CENTER, L.L.C., A
DELAWARE LIMITED LIABILITY COMPANY
By: EOP Operating Limited Partnership, a Delaware
limited partnership, its sole member
By: Equity Office Properties Trust, a Maryland
real estate investment trust, its general
partner
By: /s/ Frank R. Campbell
------------------------------------
Name: Frank R. Campbell
Title: Vice President
TENANT:
CANCERVAX CORPORATION, A DELAWARE CORPORATION
By: /s/ DAVID F. HALE
---------------------------------
Name: DAVID F. HALE
Title: PRESIDENT & CEO
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