Second Amendment to Lease between WLC Three VI, L.L.C. and the Registrant, dated as of October 7, 2020
Exhibit 10.33
SECOND AMENDMENT TO LEASE
This Second Amendment to Lease (“Second Amendment”) is dated as of October 7, 2020 by and between 131 Hartwell LLC, a Massachusetts limited liability company (“Landlord”), successor-in-interest to WLC Three VI, L.L.C., a Delaware limited liability company (“Original Landlord”) and Aldeyra Therapeutics, Inc. (“Tenant”), a Delaware corporation.
WHEREAS, Original Landlord, and Tenant are parties to a lease dated September 20, 2017 (“Original Lease”) regarding certain premises consisting of the “Original Premises” as defined therein; and
WHEREAS, Original Landlord and Original Tenant amended the Original Lease by First Amendment to Lease dated November 27, 2017 adding the “Phase III Premises” as defined therein, that increased the Premises to 9,351 RSF; and
WHEREAS, Landlord has acquired the interest of Original Landlord; and
WHEREAS, Landlord and Tenant desire to further amend the Lease as provided herein.
NOW, THEREFORE, in consideration of the mutual covenants herein contained, the receipt and legal sufficiency of which are hereby acknowledged, the Landlord and Tenant agree as follows:
1.Defined Terms. Capitalized Terms used but not defined herein shall have the meaning set forth in the Lease. The Original Lease, as amended by the First Amendment, shall hereinafter be referred to as the “Lease”.
2.Extension of Term. The Term of the Lease is hereby extended for a period commencing January 1, 2021 (the “Extended Term Commencement Date”) through and including December 31, 2021 (the “Second Amendment Extended Term”).
3.Base Rent. Commencing on the Extended Term Commencement Date, Tenant shall pay Base Rent in accordance with the terms of the Lease as follows:
PeriodAnnual Base RentMonthly Base RentRent PSF
1/1/21 – 12/31/21$243,126.00$20,260.50$26.00
In addition, Tenant shall pay all electricity used at the Premises in accordance with section 14 of the Lease.
4.Broker. Except for CBRE and Cushman & Wakefield, each party represents and warrants to the other that they have not made any agreement or taken any action which may cause anyone to become entitled to a commission as a result of the transactions contemplated by this Amendment, and each will indemnify and defend the other from any and all claims, actual or
threatened, for compensation by any such Second person by reason of such party’s breach of their representation or warranty contained in this Amendment. Landlord will pay any commission due to the named brokers hereunder pursuant to a separate agreement subject to execution and delivery of this Amendment by Landlord and Tenant.
5.Miscellaneous.
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| (a) | The Lease shall be modified such that each reference to the Lease contained therein shall be deemed to refer to the Lease as amended by this Second Amendment. |
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| (b) | Except as specifically modified or amended herein, the Lease remains unchanged and in full force and effect and is hereby ratified and confirmed in every respect. |
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| (c) | In the event of a conflict between this Second Amendment and the Lease, this Second Amendment shall control. |
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| (d) | This Second Amendment shall not be effective until it has been duly executed by the parties hereto. |
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| (e) | This Second Amendment may be executed in counterparts, which taken together shall constitute one and the same instrument. |
6.Addresses for Notices. All notices sent by Landlord to Tenant shall be sent in accordance with the Lease to Tenant at the Premises.
All notices from Tenant to Landlord shall be sent in accordance with the Lease to:
131 Hartwell LLC
c/o Azad Legacy Partners
131 Hartwell Avenue
Lexington, MA 02421
Attn: Robert Parsekian
With a copy to:
Rubin and Rudman
c/o Paul Baccari, Esq.
53 State Street
Boston, MA 02109
Executed as a sealed instrument this 7th day of October 2020.
Landlord:
131 HARTWELL LLC
By:/s/ Robert Parsekian
Robert Parsekian
Authorized Person
Tenant:
Aldeyra Therapeutics, Inc.
By:/s/ Joshua Reed
Name: Joshua Reed
Title: Chief Financial Officer
