Third Amendment to Amended and Restated Lease Agreement

Contract Categories: Real Estate - Lease Agreements
EX-10.13 5 sabs-ex10_13.htm EX-10.13 EX-10.13

 

Exhibit 10.13

THIRD AMENDMENT

TO

AMENDED AND RESTATED LEASE AGREEMENT

 

THIS THIRD AMENDMENT TO AMENDED AND RESTATED LEASE AGREEMENT (this “Third Amendment”), made as of October 1, 2021 (the “Effective Date”), is by and between Sanford Health, a South Dakota non-profit corporation, hereinafter called “Landlord,” and SAB Biotherapeutics, Inc., a Delaware corporation, hereinafter called “Tenant.”

 

WITNESSETH

 

WHEREAS, the parties entered into an Amended and Restated Lease Agreement, dated September 1, 2019 (as amended, the “Lease”); and,

 

WHEREAS, the Leased Premises currently consists of 29,248 square feet; and

 

WHEREAS, the parties now seek, among other matters, to amend the Lease to provide Tenant with additional space, as more fully set forth below.

 

NOW THEREFORE, the parties agree as follows:

 

1.
Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord the additional spaces noted below:

 

Approximately 2,873 square feet of additional space in the North Storage Area (as depicted on Exhibit A;

 

Approximately 597 square feet in Lab Pod 4-1A (interior and exterior) (as depicted on Exhibit A);

 

Approximately 175 square feet of cubicles on the 2nd floor (as depicted on Exhibit A); and

 

Approximately 390 square feet for a 78’ x 5’ buffer on the south side of the West Bay Fenced Area (as depicted on Exhibit A),

 

the total of said space equaling 4,035 square feet and shall be included within the definition of “Leased Premises.” As of the Effective Date, the Leased Premises consists of 33,283 square feet.

 

2.
The parties acknowledge and agree that the Annual Rent is $25.27 per square foot and that the Annual Rent payable from and after the Effective Date until increased pursuant to the terms of the Lease includes the additional space set forth in Section 1 above, for a total of $841,061.41 annually/$70,088.45 monthly.

 

3.
Article 6, Section 1 is hereby deleted in its entirety and the following inserted in lieu thereof:

1

 

 

Section 1. Landlord shall pay for all heating, air conditioning, electricity, janitorial services, gas, water and sewer charges used in the Leased Premises throughout the Term of this Lease. Tenant shall be responsible for all other utility services, including without limitation internet and telephone services, with such telephone, internet and network equipment to be installed in currently established network closets, with Landlord to escort Tenant and/or its provider(s) for access thereto. Tenant agrees to communicate and work with, and to cause its internet and telephone service provider to communicate and work with, Landlord’s IT Department to have such internet and telephone services properly installed and maintained on the Leased Premises as set forth above, it being understood and agreed that Tenant’s internet and telephone service shall connect to Landlord’s cable infrastructure, the cost of which is included in the Annual Rent, and that Landlord shall be engaged by Tenant and/or its provider(s) to run any new cable as part of the infrastructure.

 

4.
Exhibit A to the Lease is hereby deleted in its entirety and replaced with Exhibit A attached hereto, and incorporated fully herein by this reference.

 

5.
Unless otherwise defined herein, all capitalized terms shall have the meanings set forth in the Lease.

 

6.
Except as modified by this Third Amendment, the terms and conditions of the Lease remain in full force and effect.

 

IN WITNESS WHEREOF, this Third Amendment is executed as of the Effective Date set forth above.

SANFORD HEALTH

 

 

By__/s/_Michelle Micka____________

Michelle Micka

EVP, CFO & Treasurer

 

 

SAB BIOTHERAPEUTICS, INC.

 

 

By_/s/ Eddie Sullivan_______________

Its_President/CEO________________

2

 

EXHIBIT A


Leased Premises