Exhibit 10.04
FIRST AMENDMENT TO LEASE
THIS FIRST AMENDMENT TO LEASE ("First Amendment") is entered into
effective as of March 15, 1995, by and between BGR ASSOCIATES II, A
CALIFORNIA LIMITED PARTNERSHIP ("Lessor"), and CHIRON CORPORATION, a Delaware
corporation ("Lessee"), with reference to the following facts:
A. Lessor and Lessee are parties to that certain Triple Net Lease dated
May 26, 1989, entered into by Lessor and Lessee's predecessor, Chiron
Corporation, a California corporation (the "Lease"). The property covered by
the Lease is located in Emeryville, California, and is more particularly
described in the Lease. The Term of the Lease expires August 14, 1999; and
Lessee has the right to extend the Term of the Lease for two (2) terms of
five (5) years each.
X. Xxxxxx, Lessee and certain other parties related to Lessor have
entered into that certain Option Agreement of even date herewith (the "Option
Agreement"), pursuant to which Lessor has been granted to Lessee the option,
subject to the terms and conditions of the Option Agreement, to purchase the
property covered by the Lease as well as other property in the vicinity
thereof. As provided for in Section 5.b of the Option Agreement, Lessee has
agreed to extend the Term of the Lease through August 14, 2000, as part of
the consideration to Lessor for granting such option to Lessee.
X. Xxxxxx and Lessee are entering into this First Amendment pursuant to
Section 5.d of the Option Agreement to further evidence the extension of the
Term of the Lease as provided for in the Option Agreement.
NOW, THEREFORE, in consideration of the foregoing, and for other good
and valuable consideration, the receipt and adequacy of which are hereby
acknowledged, Lessor and Lessee hereby agree as follows (capitalized terms
used herein but not herein defined shall have the meaning ascribed to them in
the Lease):
1. AMENDMENT OF PARAGRAPH 1.2. Lessor and Lessee hereby agree that, as
provided in the Option Agreement, the Term of the Lease is extended through
August 14, 2000; and in furtherance of the foregoing, Lessor and Lessee
hereby amend Paragraph 1.2 of the Lease by deleting therefrom the words "Ten
(10) years" at the beginning of said paragraph and substituting therefor the
words "Eleven (11) years."
2. TERMS OF LEASE. The terms of the Lease for the period from August
15, 1999, through August 14, 2000, shall be the same as the terms of the
Lease prior to August 15, 1999, without any adjustment to the base monthly
rent for the period from April 15, 1999, through August 14, 2000 (i.e., the
base monthly rent in effect as of August 15, 1999, shall remain in effect
through August 14, 2000). In addition, the terms of Paragraph 18 of the Lease
providing for two (2) extension options of five (5) years each shall remain
in effect, with the first extension term, if exercised, commencing on August
15, 2000.
3. STATUS OF LEASE. Except as amended hereby, the Lease remains
unamended; and as amended hereby, the Lease and all the terms and conditions
thereof remain in full force and effect.
4. COUNTERPARTS. This First Amendment may be executed in multiple
counterparts, each of which shall constitute an original hereof, and all of
which taken together shall constitute one and the same agreement.
IN WITNESS WHEREOF, Lessor and Lessee have executed this First Amendment
as of the date first set forth above.
LESSEE: LESSOR:
CHIRON CORPORATION, BGR ASSOCIATES II, A CALIFORNIA
a Delaware corporation LIMITED PARTNERSHIP
By: __________________________________ By: ______________________________
Xxxxxxx X. Xxxxxxx
Its: __________________________________ Managing General Partner
2
