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Document Preview Industrial Lease (Multiple Tenant) |
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Title: |
Industrial Lease (Multiple Tenant) |
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Date: |
2001 |
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$40 |
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ID: |
#304523 |
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INDUSTRIAL LEASE - MULTIPLE TENANT
THIS LEASE AGREEMENT made this 6th day of September, 2000, by and between
Benaroya Capital Company, LLC, a Washington limited liability company (the
"Lessor") and ICOS Corporation, a Delaware corporation (the "Lessee").
1. Premises. Lessor does hereby lease to Lessee those certain premises, to
wit: 16,025 square feet of space in Suite 100 in the Building known as
Canyon Park - 4 located at 2222 - 220th Street SE, in Bothell, Washington
as outlined on Exhibit A attached hereto (hereinafter called "Premises").
The multiple building complex of which the Building is a part is hereafter
sometimes referred to as the "Project". In addition, the Lessee has the
right, in common with other tenants in the Project and subject to the Rules
and Regulations, to use of the Common Areas including the parking areas.
2. Term. This Lease shall be for a term of sixty (60) months commencing April
1, 2001 (the "Commencement Date") and terminating March 31, 2006.
3. Rent. Lessee covenants and agrees to pay Lessor at 1001 Fourth Avenue,
Suite 4700, Seattle, WA 98154, or to such other party or at such other
place as Lessor may hereafter designate, monthly rent in advance without
offset or deduction, on or before the first (1st) day of each month of the
Lease term in the amounts as follows:
Months: Base Rent:
------- ----------
1 through 36 $12,888.00 per month
37 through 60 $14,176.00 per month
4. Security Deposit. Lessee has deposited with Lessor on the date hereof
Fourteen Thousand One Hundred Seventy-Six and No/100 dollars ($14,176.00).
Said sum shall be held by Lessor as security for the faithful performance
by Lessee of all the terms, covenants and conditions of this Lease to be
kept and performed by Lessee during the entire Term hereof. If Lessee
defaults with respect to any provision of this Lease, including, but not
limited to, the provisions relating to the payment of Rent or other charges
or sums due under this Lease, Lessor may (but shall not be required to)
use, apply or retain all or any part of the security deposit for the
payment of any Rent or other charges or sums due under this Lease or any
sum in default, or for the payment of any amount which Lessor may spend or
become obligated to spend by reason of Lessee's default, or to compensate
Lessor for any other loss, damage, cost or expense (including reasonable
attorneys' fees) which Lessor may suffer or incur by reason of Lessee's
default. If any portion of said security deposit is so used or applied,
Lessee shall, within five (5) days after written demand therefor, deposit a
certified or cashier's check with Lessor in an amount sufficient to restore
the security deposit to its original amount and Lessee's failure to do so
shall be a default under this Lease. Lessor shall not be required to keep
the security deposit separate from its general funds and Lessee shall not
be entitled to interest on such deposit. If Lessee shall fully and
faithfully perform every provision of this Lease to be performed by it, the
security deposit or any balance thereof after deduction hereunder by Lessor
shall be returned to Lessee (or, at Lessor's option, to the last assignee
of Lessee's interest hereunder) within thirty (30) days following
expiration of the Lease Term; provided, that in the event this Lease shall
be terminated upon the default of the Lessee, the security deposit shall be
retained by Lessor and all of Lessee's interest therein shall terminate and
the security deposit will be applied against the damages suffered by Lessor
by reason of the Lessee's default. In the event of termination of Lessor's
interest in this Lease, Lessor shall transfer said deposit to Lessor's
successor in interest.
5. Use. Lessee shall use and occupy the Premises for the purposes of office,
laboratory, process development and related support services (including
light manufacturing and storage related to the foregoing) and for no other
purposes, without prior written consent of Lessor (which consent shall not
be unreasonably withheld or delayed), and shall comply with all
governmental laws, ordinances, regulations, orders and directives and
insurance requirements applicable to Lessee's use of the Premises. Lessee
shall not occupy or use or permit any portion of the Premises to be
occupied or used in such a
1
{PAGE}
manner or for any purpose which would increase the cost of insurance
coverage upon the Premises, the building or the contents thereof.
6. Rules and Regulations. Lessee agrees to comply with any Rules and
Regulations attached hereto, any recorded Covenants, Conditions and
Restrictions affecting the Project, as well as such other reasonable rules
and regulations as may from time to time be adopted by Lessor for the
management, good order and safety of common areas, the building and its
Lessee(s), provided, however, such rules, regulations, covenants,
conditions or restrictions do not prohibit or prevent Lessee's permitted
use of the Premises. Lessee shall be responsible for the compliance with
such rules and regulations by its employees, agents and invitees. Lessor's
failure to enforce any of such rules and regulations against Lessee or any
other Lessee shall not be deemed to be a waiver of same, provided, however,
Lessor agrees to enforce the rules and regulations equitably among all
tenants of the Project.
7. Maintenance. Lessee agrees by taking possession that the Premises are in
tenantable and good condition. Lessee shall at its expense and at all times
keep, maintain, repair and replace the Premises, including but not limited
to storefronts, exterior doors and windows, Lessee division walls and
mechanical, electrical, sprinkler and other utility systems, together with
connections to utility distribution systems, in good condition, repair and
order and in accordance with applicable laws, ordinances, rules,
regulations and requirements of government authorities and insurance rating
bureaus. Lessee agrees to maintain a preventative maintenance contract, or
to establish a preventative maintenance program, providing for the regular
inspection and maintenance of the heating and air conditioning systems with
a licensed mechanical contractor and containing terms and specifications
acceptable to Lessor. Lessee shall further keep the Premises and adjoining
common areas in a neat, clean, safe and sanitary condition; protect water,
drain, gas and other pipes to prevent freezing or clogging and repair all
leaks and damage caused thereby; replace all glass and panels in windows
and doors of the Premises which become cracked, broken or damaged; and
remove ice and snow from entries and common areas immediately adjacent to
the Premises. After reasonable notice from Lessee, Lessor shall repair the
roof, exterior walls (excluding storefronts, doors and windows),
foundations and common areas and facilities, if any, and the cost thereof
shall be shared as provided in Section 9 hereof.
8. Utilities and Fees. Lessee agrees to pay promptly when due all charges for
light, heat, water, sewer, garbage, fire protection and other utilities and
services to the Premises, and all license fees and other governmental
charges levied on Lessee's property and the operation of Lessee's business
on the Premises. Lessor shall not be liable for any injury or damages
suffered as a result of the interruption of utilities or services by fire,
or other casualty, strike, riot, vandalism, the making of necessary repairs
or improvements, or other causes beyond Lessor's reasonable control.
9. Monthly Operating Expense Adjustments. Lessee shall pay as additional
monthly rent its prorata share of all expenses incurred by Lessor for
operation of the Project during the term or any extension hereof, as
follows:
A. Real Estate taxes and assessments, together with any assessments
levied by the Owner's Association, if any.
B. Usual and necessary costs of operation, management, maintenance and
repair (including replacement) as determined by standard accounting
practice, including without limitation, all utilities and services not
metered or charged directly to Lessee, insurance (including, but not
limited to the insurance provided for under Paragraph 16 C below),
painting, upkeep and repair of building exterior, roofing, parking,
landscaping, and all common areas and facilities. If any portion of
the Property, or any system or equipment is replaced by Lessor, and if
the useful life of such replaced item extends beyond the term of this
Lease (as such term may be extended by the exercise of any options),
the cost of such replacement will be amortized over its useful life
and Lessee will be responsible only for that portion of the cost which
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