EXHIBIT 10.2
AMENDMENT NO. 2
(DATED APRIL 14, 1998 FOR REFERENCE PURPOSES ONLY)
TO LEASE DATED APRIL 15, 1994
BETWEEN PRESBYTERIAN HEALTH FOUNDATION, AS LANDLORD
AND UROCOR, INC. FORMERLY KNOWN AS CYTODIAGNOSTICS, INC., AS TENANT
WHEREAS, Landlord and Tenant are the parties to the above described Lease for
the Building located at 000 X. Xxxxxxxx Xxxxxxx; and,
Landlord and Tenant mutually desire to amend the above described Lease,
(amended via Amendment No. 1 dated April 14, 1997) as follows:
The provisions of this Amendment No. 2 shall supersede and control any
inconsistent provisions contained in the Lease, regardless of whether such
inconsistent provisions are contained in the printed portion of the Lease or
any rider, addendum or exhibit annexed thereto.
Amended Building: Tenant will relocate its Premises to
the Building to be constructed at an
address known as 000 Xxxxxxxx Xxxxxxx
Xxxxxxxx XX, Xxxxxxxx Xxxx, XX
Amended Leased Premises: The Leased Premises will change to
all of floors 1, 3 & 5 and
approximately 12,219 rentable square
feet on the 2nd floor and 14,924
rentable square feet on the 4th floor
of the Building. This totals
approximately 101,526 rentable square
feet at 000 Xxxxxxxx Xxxxxxx. The
Rentable Area of the Building is
122,307 square feet. Tenant currently
occupies 59,416 rentable square feet.
This equates to an overall increase
of 42,110 rentable square feet. The
exact square footage to be calculated
at a later date but prior to Tenant
move in. Rent will be based on the
following:
Tenant's Actual Rentable Square Feet
Rentable Square Footage Occupied on which lease rate is based
-------------------------------- ----------------------------
is greater than or equal to 84,416 but 84,416
less than 90,916
is greater than or equal to 90,916 but 90,916
less than 97,550
is greater than or equal to 97,550 the actual rentable square footage
occupied
Amended Lease Commencement: Estimated to be January 1, 1999 (See
paragraph 3.1, page 7 of the Lease)
Amended Lease Expiration: Estimated to be December 31, 2013,
unless terminated earlier as
specified below by the "Amended
Option to Terminate".
Amended Tenant Improvement Allowance: Limited to $27.00 per actual rentable
square foot leased based on the
estimated 101,526 rentable square
feet. Any excess cost of Tenant
Improvements shall be the
responsibility of the Tenant.
Inducement: Landlord agrees to reimburse Tenant
an amount not to exceed $300,000 for
previous Tenant-paid leasehold
improvements. This is subject to
Landlord's review of the proper
documents and mutual agreement by
both parties.
Amended Annual and Monthly Rent The Amended Annual and Monthly Rent
shall follow the Time Periods and
Rental Amount per Rentable Square
Foot as shown below:
Time Period Rental Amount per Rentable Square Foot
----------- --------------------------------------
1/99 - 6/99 $10.00
7/99 - 6/01 11.50
7/01 - 6/03 12.50
7/03 - 6/05 13.50
7/05 - 12/2013 15.50
Amended Security Deposit: A total of $84,605.00(equal to first
month's rent).
Amended Option to Terminate: Tenant may terminate this Lease at
the end on the last day of the tenth
(10th) year estimated to be December
31, 2008 provided: (a) Tenant gives
Landlord a minimum of 180 days prior
written notice of Tenant's intent to
terminate; and, (b) Tenant pays
Landlord, at time such notice is
given, the sum of $1,573,653. Such
payment shall, however, be waived if
(a) Tenant relocates its principal
offices and facilities within three
(3) months following such termination
to another building within the same
research park in which the Building
is located, and (b) either owns such
other building or leases at least
101,526 square feet of space in such
building under a binding lease with a
term of not less than ten (10) years.
Amended Exhibit "A": Exhibit "A" of the Lease, Legal
Description of Property, will be
replaced with the attached Exhibit
"A-1". All references in the Lease
to Exhibit "A" shall now refer to
Exhibit "A-1".
Amended Option to Expand: Paragraph 48, page 25 of the Lease,
Option to Expand, Item (i) shall be
modified as follows: (a) the amount
provided herein (which is $27.00 per
square foot for Tenant Improvements)
prorated for the remainder of the
Term.
Both parties agree to the terms of the Lease Agreement as amended by Amendment
No. 1 and this Amendment No. 2 and the Lease Agreement shall continue in full
force and effect
Landlord: Presbyterian Health Tenant: UROCOR, Inc.
Foundation
/s/ Xxxxxx XxXxxxx /s/ Xxxxxxx X. Xxxxxxxx
---------------------------------- ----------------------------------
Xxxxxx XxXxxxx, Vice President Xxxxxxx X. Xxxxxxxx, President/CEO
Date: 6/17/98 Date: 6/16/98
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EXHIBIT ""A-1''
LEGAL DESCRIPTION
A tract of land lying in the North Half of Section 34. Township 12 North,
Range 3 West of the Indian Meridian, also being a part of Block J, OAK PARK
ADDITION, and part of Block 24, and 25, MAYWOOD ADDITION, according to the
recorded plats thereof, Oklahoma County, Oklahoma, being described as follows:
COMMENCING at the intersection of the centerline of N.E. 0xx Xxxxxx and the
centerline of X. Xxxxxxx Blvd.:
THENCE South 89DEG.51'16'' West a distance of 105.00 feet;
THENCE South 00DEG.07'23'' East a distance of 40.00 feet to the POINT OF
BEGINNING.
THENCE continuing South 00DEG.07'23'' East a distance of 417.60 feet;
THENCE South 89DEG.52'37'' West a distance of 60.00 feet;
THENCE South 00DEG.07'23'' East a distance of 419.77 feet;
THENCE South 89DEG.52'37'' West a distance of 524.91 feet;
THENCE North 00DEG.05'09'' West a distance of 77.56 feet;
THENCE South 89DEG.54'30'' West a distance of 25.00 feet;
THENCE North 00DEG.03'19'' West a distance of 341.04 feet;
THENCE North 16DEG.30'17'' West a distance of 60.00 feet;
THENCE North 73DEG.29'43'' East a distance of 18.25 feet;
THENCE North 16DEG.30'17'' West a distance of 277.36 feet to a point on the
Southerly Right-Of-Way Line for N.E. 0xx Xxxxxx;
THENCE along said Right-Of-Way, North 64DEG.30'54'' East a distance of 48.37
feet to a point of curvature;
THENCE continuing on said Right-Of-Way on the Arc of a Curve to the Right,
said curve having a Radius of 615.43 feet and an Arc distance of 242.82 feet,
(said curve being subtended by a Chord bearing North 75DEG.49'05'' East, a
Chord length of 241.25 feet) to a point;
THENCE continuing on said Right-Of-Way on a line not tangent to last
described curve, North 79DEG.46'11'' East a distance of 60.96 feet;
THENCE on said Right-Of-Way, North 89DEG.53'14'' East a distance of 349.35 feet
to the Point Of Beginning.
Said tract of land contains 489,894 Square Feet or 11.2464 Acres more or less.
