Second Amendment to Lease Agreement between Douglas Kaye and BioMarin Pharmaceutical Inc. (Successor to Glyko, Inc.)

Summary

This amendment extends the lease between Douglas Kaye (Lessor) and BioMarin Pharmaceutical Inc. (Lessee, successor to Glyko, Inc.) for the property originally leased on December 23, 1996. The lease term is extended from April 1, 2003, to March 31, 2005, with a monthly rent of $14,500. The Lessee may terminate the lease at any time during the extended term by providing 180 days' written notice, with no penalty. This document, together with the original lease and prior amendments, represents the full agreement between the parties.

EX-10.29 5 dex1029.txt SECOND AMENDMENT TO LEASE EXHIBIT 10.29 SECOND AMENDMENT TO LEASE DATED DECEMBER 23, 1996 BY AND BETWEEN DOUGLAS KAYE, LESSOR AND BIOMARIN PHARMACEUTICAL INC., A DELAWARE CORPORATION, SUCCESSOR IN INTEREST TO GLYKO, INC., LESSEE DATED DECEMBER 31, 2002 Lessor and Glyko, Inc. entered into that certain Lease dated as of December 23, 1996, as amended by that certain Addendum to Lease dated as of December 23, 1996 and that certain Amendment to Lease Agreement dated as of March 15, 2000 (collectively the "Lease"). Lessor and Lessee hereby agree as follows: 1. Extension of Lease Term: Commencing April 1, 2003 the term of the lease shall be extended to March 31, 2005. 2. Rent: The monthly rent for the extended term shall be $14,500 per month commencing April 1, 2003. 3. Right to Terminate: Beginning upon execution of this agreement, notwithstanding the extension of the term of the Lease from March 31, 2003 to March 31, 2005, Lessee shall have the right to terminate the lease agreement at no charge to Lessee by giving Lessor one hundred eighty (180) days prior written notice. 4. Entire Agreement: The Lease, as amended by this Amendment, contains all of the agreements of the parties hereto with respect to any matter covered or mentioned in this Amendment. No prior agreement, understanding, or representation pertaining to any such matter shall be effective for any purpose. LESSOR: Douglas Kaye, an individual By: /s/ DOUGLAS KAYE -------------------------- Date: 12/31/02 -------------------------- LESSEE: BioMarin Pharmaceutical Inc., a Delaware corporation, successor in interest to Glyko, Inc., a California corporation By: /s/ JEFFREY LANDAU ------------------------- Title: VP, Admin. ------------------------- Date: 12/31/02 -------------------------