|AUDENTES THERAPEUTICS, INC. filed this Form 10-K on 03/13/2017|
FIRST AMENDMENT TO OFFICE LEASE
This FIRST AMENDMENT TO OFFICE LEASE (the “Amendment”) dated as of November 22, 2016 (the “Amendment Date”) is by and between MEPT 600 California Street LLC, a Delaware limited liability company (“Landlord”) and Audentes Therapeutics, Inc., a Delaware corporation (“Tenant”).
A. Landlord and Tenant entered into that certain Office Lease dated as of September 2, 2015 (the “Lease”), pursuant to which Landlord leases to Tenant and Tenant leases from Landlord the entire seventeenth (17th) floor and a portion of the sixteenth (16th) floor (the “Original Premises”) of the office building located at 600 California Street in San Francisco, California (the “Building”) as further set forth in the Lease. Any capitalized term used but not defined in this Amendment shall have the meaning assigned to such term in the Lease.
B. Landlord and Tenant desire to amend the Lease pursuant to the terms and conditions set forth below:
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:
1. Expansion Premises. Pursuant to Section 2.13 of the Lease, as of March 1, 2017 (the “Expansion Commencement Date”) and through the expiration or earlier termination of the Lease Term, in addition to the Original Premises, Landlord shall lease to Tenant and Tenant shall lease from Landlord approximately 7,900 of rentable square feet located on the remaining portion of the sixteenth (16th) floor of the Building as further set forth in Exhibit G (the “Expansion Premises”). All of the terms and provisions of the Lease shall continue to apply with respect to the Expansion Premises, except as specifically modified herein. Both Landlord and Tenant agree that the ROFO set forth in Section 2.13 of the Lease is hereby extinguished by virtue of Landlord and Tenant entering into this Amendment, and shall be of no further force and effect.
2. Area of Original Premises. Notwithstanding anything to the contrary in the Lease. The parties agree that due to re-measurement of the Original Premises and the Building, the Original Premises is comprised of approximately 21,820 rentable square feet of space and such figure shall be used for determining the Original Premises Base Rent (as of June 8, 2022) and Tenant's Pro Rata Share (as of the Expansion Commencement Date). Landlord and Tenant hereby acknowledge and agree that the rentable square footage of the Original Premises has been re-measured in accordance with the American National Standard Method of Measuring Area in Office Buildings of the Building Owners Association International's Standard Method of Measuring Floor Area in Office Buildings (ANSI/BOMA Z65.l - 2010) (the “BOMA Standards”), Landlord currently leases to. Tenant the Original Premises and the revised square footage of the Original Premises as re-measured in accordance with the BOMA Standards shall be as set forth herein.
3. Amended Definitions in Section 1. Effective as of the Expansion Commencement Date, the following definitions in Section I of the Lease shall be deleted in their entirety and replaced with the following:
a. “Base Rent: As used herein. the term “Base Rent. shall include Original Premises Base Rent in addition to the Expansion Premises Base Rent, as further defined below.