Lease Agreement for 125 Sidney Street, Cambridge between Rizika Realty Trust and Altus Biologics Inc.
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Rizika Realty Trust leases the first floor of 125 Sidney Street, Cambridge, to Altus Biologics Inc. for four years starting April 15, 2002. The lease covers about 7,775 square feet and 14 parking spaces. Altus Biologics will pay annual rent, adjusted yearly based on the Consumer Price Index, and a security deposit. The space is to be used for offices or light manufacturing. Both parties have specific maintenance and insurance responsibilities, and any alterations or subleasing require the landlord’s consent. The lease is subject to certain legal and financial conditions.
EX-10.21 29 b57089apexv10w21.txt EX-10.21 LEASE AGREEMENT RIZIKA REALTY TRUST . . . Exhibit 10.21 LEASE FOR 125 SIDNEY STREET PROPERTY
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IN WITNESS WHEREOF, the LESSOR and LESSEE have hereunto set their hands and common seals this 4th day of April, 2002. /s/ [Illegible] /s/ Peter Lanciano - ------------------------------------- ---------------------------------------- LESSOR (Rizika Realty Trust) LESSEE (Altus Biologics Inc.) By: Peter Lanciano ------------------------------------ Name: ---------------------------------- Title: President & CEO Lease for 125 Sidney Street Property Page 7. EXHIBIT B LEASE FOR 125 SIDNEY STREET, CAMBRIDGE SIDE LETTER 4 April 2002 In addition to the terms and conditions stated in the lease dated 4 April, 2002, the Rizika Realty Trust, the LESSOR, and Altus Biologics Inc., the LESSEE, agree to the following: 1. Lessee will have an option to extend the term of this Lease for an additional period of two (2) years to be exercised by written notice from Lessee to Lessor no less than six (6) months prior to the lease expiration. All terms and covenants of the lease shall remain the same with the exception of rent, which shall be renegotiated. Lessor shall inform the Lessee of the rental rate for the extention term no later than ten (10) business days after receiving notice that Lessee desires to exercise the option. Lessee shall accept or decline option to extend lease no later than ten (10) business days after being informed of rent for the extension term. 2. It is understood that the Lessor shall be responsible for the one-time payment of the Broker's fee to CRESA Partners of $3.20 per sq ft of space rented-- for example, based upon 7,775 sq ft the Broker's fee would be $24,880. Half of this fee is to be paid at the signing of the lease; the remaining half is to be paid on the first day of occupancy by the Lessee. Lessor and Lessee each mutually covenant, represent and warrant to the other that it has had no dealings or communications with any broker or agent in connection with this Lease other than CRESA Partners and each covenants and agrees to pay, hold harmless and indemnify the other from and against any and all cost, expense or liability for any compensation commission or charges to any broker or agent claiming through the indemnifying party with respect hereto. 3. The Lessee agrees to split the cost of building a separating wall between it's rental area and the other section of the building. This cost will not exceed $12,000 for the Lessee. 4. If any utility bills which affect the Lessee are unpaid and remain so for thirty (30) days, it is agreed that the Lessee shall have the right to pay them directly and deduct all such payments from the rent. 5. Lessor and Lessee mutually agree that, with respect to any hazard which is covered by insurance then being carried by them, respectively, the one carrying such insurance and suffering such loss releases the other of and from any and all claims with respect to such loss. Lease for 125 Sidney Street Property Page 8. 6. The Lessee will reasonably expect to have full use of their offices and space in a fair and useful manner for the period of their lease. Full use and enjoyment as used herein shall include, without limitation, the provision of the services required to be provided by the Lessor hereunder, and freedom from unreasonable interference with the Lessee's use and occupancy as a result of the construction of any additions to the building. Lessee shall be entitled to an equitable abatement of rent if they are not able to have full use of their offices for more than 30 days and the Lessor has not made changes to resolve the Lessee's full use of their office. 7. The Lessor shall at all times during the term of this Lease provide the following services to the Premises at no charge except as set forth in Section 4 of the Lease: heat, ventilation, air-conditioning, electricity, water and sewer, all in compliance with applicable laws and in amounts and in a manner reasonable and sufficient for the safe and comfortable occupancy of the Premises for the uses permitted hereunder. Lessor represents that all of the foregoing systems are in good working order, 8. Lessor indemnifies and holds Lessee harmless from and against all loss and damage suffered by Lessee on account of Lessor's negligence or willful misconduct, or, to the best of the Lessor's knowledge, the presence of hazardous materials (as defined in any applicable federal, state or local law, rule or regulation) or oil located in, on, under or at the Premises or the building as of the date of this lease. 9. Lessee is responsible for obtaining a valid certificate of occupancy for the building which permits the use of the Premises for the uses permitted under this lease. Lessor represents that, to the best of its knowledge, (a) there are no outstanding violations of law with respect to the Premises and (b) the Premises are vacant and free of any occupancy rights of any other person or entity. Agreed and accepted: /s/ [Illegible], Pres. /s/ Peter Lanciano - ------------------------------------- ---------------------------------------- LESSOR (Rizika Realty Trust) LESSEE (Altus Biologics Inc.) Lease for 125 Sidney Street Property Page 9. EXHIBIT B LEASE FOR 125 SIDNEY STREET, CAMBRIDGE SIDE LETTER 4 April 2002 In addition to the terms and conditions stated in the lease dated 4 April, 2002, the Rizika Realty Trust, the LESSOR, and Altus Biologics Inc., the LESSEE, agree to the following: 1. Lessee will have an option to extend the term of this Lease for an additional period of two (2) years to be exercised by written notice from Lessee to Lessor no less than six (6) months prior to the lease expiration. All terms and covenants of the lease shall remain the same with the exception of rent, which shall be renegotiated. Lessor shall inform the Lessee of the rental rate for the extention term no later than ten (10) business days after receiving notice that Lessee desires to exercise the option. Lessee shall accept or decline option to extend lease no later than ten (10) business days after being informed of rent for the extension term. 2. It is understood that the Lessor shall be responsible for the one-time payment of the Broker's fee to CRESA Partners of. $1.60 per sq ft of space rented-for example, based upon 1,725 sq ft the Broker's fee would be $2,760. Half of this fee is to be paid at the signing of the lease; the remaining half is to be paid on the first day of occupancy by the Lessee. Lessor and Lessee each mutually covenant, represent and warrant to the other that it has had no dealings or communications with any broker or agent in connection with this Lease other than CRESA Partners and each covenants and agrees to pay, hold harmless and indemnify the other from and against any and all cost, expense or liability for any compensation commission or charges to any broker or agent claiming through the indemnifying party with respect hereto. 3. If any utility bills which affect the Lessee are unpaid and remain so for thirty (30) days, it is agreed that the Lessee shall have the right to pay them directly and deduct all such payments from the rent. 4. The Lessee will reasonably expect to have full use of their offices and space in a fair and useful manner for the period of their lease. Full use and enjoyment as used herein shall include, without limitation, the provision of the services required to be provided by the Lessor hereunder, and freedom from unreasonable interference with the Lessee's use and occupancy as a result of the construction of any additions to the building. Lessee shall be entitled to an equitable abatement of rent if they are not able to have full use of their offices for more than 30 days and the Lessor has not made changes to resolve the Lessee's full use of their office. Lease for 125 Sidney Street Property Page 8. 5. The Lessor shall at all times during the term of this Lease provide the following services to the Premises at no charge except as set forth in Section 4 of the Lease: heat, ventilation, air-conditioning, electricity, water and sewer, all in compliance with applicable laws and in amounts and in a manner reasonable and. sufficient for the safe and comfortable occupancy of the Premises for the uses permitted hereunder. Lessor represents that all of the foregoing systems are in good working order. 6. Lessor indemnifies and holds Lessee harmless from and against all loss, and damage suffered by Lessee on account of Lessor's negligence or willful misconduct, or, to the best 'of the Lessor's knowledge, the presence of hazardous materials (as defined in any applicable federal, state or local law, rule or regulation) or oil located in, on, under or at the Premises or the building as of the date of this lease. 7. Lessee is responsible for obtaining a valid certificate of occupancy for the building which permits the use of the Premises for the uses permitted under this lease. Lessor represents that, to the best of its knowledge, (a) there are no outstanding violations of law with respect to the Premises and (b) the Premises are vacant and free of any occupancy rights of any other person or entity. 8. Lessor and Lessee mutually agree that, with respect to any hazard which is covered by insurance then being carried by them, respectively, the one carrying such insurance and suffering such loss releases the other of and from any and all claims with respect to such loss. Agreed and accepted: /s/ [Illegible] /s/ Peter Lanciano - ------------------------------------- ---------------------------------------- LESSOR (Rizika Realty Trust) LESSEE (Altus Biologics Inc.) Lease for 125 Sidney Street Property Page 9. AMENDMENT OF LEASE FOR 125 SIDNEY STREET PROPERTY WHEREAS, Rizika Realty Trust (whose mailing address is: 36 Edgehill Road, Brookline, MA 02445), the LESSOR, entered into a Lease dated April 4, 2002 (the "Lease") with Altus Pharmaceuticals Inc., f/k/a "Altus Biologics Inc." ("LESSEE"), for approximately 7,775 square feet ("Original Premises") on the first floor of the building located at 125 Sidney Street, Cambridge, Massachusetts (the "Building"); WHEREAS, LESSOR and LESSEE desire to amend the Lease to temporarily add approximately 3,000 square feet in the basement of the Building (the "Basement Premises") to the Premises for a period of four (4) months; NOW, LESSOR and LESSEE hereby agree to Lease the Basement Premises on the terms and conditions contained herein:
Lease for 125 Sidney Street Property Page 1.
Agreed and accepted: /s/ [Illegible] /s/ Peter Lanciano - ------------------------------------- ---------------------------------------- LESSOR (Rizika Realty Trust) LESSEE (Altus Biologics, Inc.) Lease for 125 Sidney Street Property Page 2. AMENDMENT OF LEASE FOR 125 SIDNEY STREET PROPERTY WHEREAS, Rizika Realty Trust (whose mailing address is: 36 Edgehill Road, Brookline, MA 02445), the LESSOR, entered into a Lease dated April 4, 2002 (the "Lease") with Altus Pharmaceuticals Inc. (formerly known as "Altus Biologics Inc."), the LESSEE, for approximately 7,775 square feet ("Original Premises") on the first floor of the building located at 125 Sidney Street, Cambridge, Massachusetts (the 'Building"); WHEREAS, LESSOR and LESSEE desire to amend the Lease to add approximately 11,000 square feet in the basement of the Building (the "Basement Premises") to the Premises for a period of fifteen (15) months; NOW, LESSOR and LESSEE hereby agree to Lease the Basement Premises on the terms and conditions contained herein:
Lease for 125 Sidney Street Property Page 1.
Agreed and accepted: /s/ [Illegible] /s/ Peter Lanciano - ------------------------------------- ---------------------------------------- LESSOR (Rizika Realty Trust) LESSEE (Altus Biologics, Inc.) Lease for 125 Sidney Street Property Page 2. [MAP] Lease for 125 Sidney Street Property Page 3. [MAP] Lease for 125 Sidney Street Property Page 4.