Sublease Agreement and Amendments between Tristar Enterprises, Inc. and Genotherapeutics, Inc. (GTx, Inc.) for Van Vleet Building, Memphis, TN

Contract Categories: Real Estate Lease Agreements
Summary

Tristar Enterprises, Inc. subleases office and laboratory space at 3 North Dunlap Street, Memphis, Tennessee, to Genotherapeutics, Inc. (later GTx, Inc.) under a sublease agreement dated October 1, 2000. The agreement outlines the specific premises, rent amounts, and adjustment terms, and requires the University of Tennessee’s consent. Amendments expand the leased space and adjust rent accordingly. The sublessee must comply with most terms of the primary lease. All other terms remain unchanged unless amended in writing and signed by both parties.

EX-10.14 18 g85196exv10w14.txt SUBLEASE AGREEMENT EXHIBIT 10.14 SUBLEASE This Sublease made and entered into as of this 1st day of October 2000 by and between TRISTAR ENTERPRISES, INC., a Tennessee nonprofit corporation ("Sublessor") and GENOTHERAPEUTICS, INC., a Tennessee corporation ("Sublessee"). R E C I T A L S WHEREAS. the Sublessor and The University of Tennessee have entered into a Lease dated October 1, 2000 (the "Primary Lease"), a copy of which is attached hereto as Exhibit A. WHEREAS, the Sublessor desires to sublease a portion of the premises leased by the original Primary Lease to the Sublessee. NOW THEREFORE, in consideration of the foregoing and other good and valuable considerations set forth herein, the parties agree as follows: 1. The Sublessor hereby subleases unto the Sublessee those premises with the appurtenances thereto appertaining situated in the State of Tennessee, County of Shelby, City of Memphis, located at 3 North Dunlap Street, more particularly described as follows: Approximately 4.818 rentable square feet of laboratory space located on the Third Floor of the Van Vleet Building, 3 North Dunlap Street, Memphis, Shelby County, Tennessee. Being part of the same property described in the last recorded instrument conveyed to The University of Tennessee in Plat Book No. 1, Page 69, recorded in the Register's Office, Shelby County, Tennessee. (Reference Instrument No. 6005-287). Plans for the building can be found in the Office of Facilities at The University of Tennessee Health Science Center, Memphis, Tennessee. 2. The Sublessee shall pay annual rent of $72,270.00 ($15.00 per square foot), payable in installments of $6,022.50 per month. The rental cost may be subsequently adjusted each July 1 and shall be based on the percentage difference between the two most recent annual State and Local Index values listed in Table 3.8B-Real Government Consumption Expenditures by Type and Real Gross Investment by Type (formerly entitled Government Purchases by Type and Constant Dollars)contained in the applicable July issue of the Department of Commerce's Survey of Current Business. For example, if this adjustment factor had been put into effect prior to July 1, 1996, a 2.3 percent increase in the prior rate would be permissible for the period of July 1, 1996 through June 30, 1997 (the July 1996 issue of the Department of Commerce's Survey of Current Business lists the 1995 State and Local Index value at 788.6 and the 1994 value at 770.5 (788.6/770.5 equals 1.023)). 3. Except for Section 1 and Section 3 of the Primary Lease, the Sublessee hereby agrees to be bound by the terms and the conditions of the Primary Lease as if the Sublessee were the Lessee thereunder. 4. The effectiveness of this Sublease is subject to the written consent of The University of Tennessee approving this Sublease. 5. All notices required under this Sublease shall be sent to the following addresses: To the Sublessor: To the Sublessee: Tristar Enterprises, Inc. Genotherapeutics, Inc. 3 North Dunlap Street _______________________________ Memphis, Tennessee 38163 _______________________________ IN WITNESS WHEREOF, this Sublease has been executed by the parties as of the date hereinabove written: TRISTAR ENTERPRISES, INC By: /s/ illegible _________________________ Title: President GENOTHERAPEUTICS, INC. By: /s/ Marc Hanover --------------------------- Title: President Tristar Enterprises, Inc. Phase I Space Requirements
Office # Sq Ft Tristar UT Office 206 325 162.5 162.5 Scott 216 242 121 121 Banton 232 239 239 Palmer 230 140 140 UTRC 224 343 171.5 171.5 CMO 228 161 161 IRB 202 107 107 IRB 208 176 176 ADMIN 221 141 141 UT STORAGE 223 139 139 ACC'T/Contract Mgr 226 161 161 CLINICAL/Coordinator 205 182 182 RESEARCH 219 143 85 58 Howell 212 176 88 88 Jennings 207 348 174 174 Conf. Rm 3rd Floor 3750 3750 Lab (sub-GTX)* ---- ---- ----- Total 6773 5296 1477
*Room # 333, 333A, 329, 325, 321, 324, 324A, 326, 326A, 328, 328A, 334, 334A, 334B, & 330 (cold room) Phase II (Expansion) First Floor: Room # 106, 106A, 106B, 106C, and 107 (approx. 700 sq ft) Third Floor: Room # 319 & 320 (approx. 750 sq ft) SUBLEASE AMENDMENT This Amendment is to the sublease made between TRISTAR ENTERPRISES, INC., a Tennessee nonprofit corporation (" Sublessor")and GENOTHERAPEUTICS, INC., a Tennessee corporation ("Sublessee") signed on October 1, 2000. 1. The Sublessor hereby subleases unto the Sublessee those premises with the appurtenances thereto situated in the State Of Tennessee, County of Shelby, City of Memphis, located at 3 North Dunlap Street, more particularly described as follows: a. Effective February 1,2001, approximately 7,374 rentable square feet of office space located on the Third Floor of the Van Vleet Building, Rooms C300, C301, C302, C303, C304, C305, C310, C311, C312, C313, C314, C315, C315A, C316, C317, C319, C322, C322A, C322B, C322C, C323, C325, C326, C327, C327A, C329, C329A, C332, C333, C334, C335, S301, S302, S303, S305, S306, b. Effective June 1, 2001 approximately 966 rentable square feet of laboratory space located on the Third Floor of the Van Vleet Building, Rooms N319, N320, N320A, 3 North Dunlap Street, Memphis, Shelby County, Tennessee. Being part of the same property described in the last recorded instrument conveyed to The University of Tennessee in Plat Book No., 1, Page 69, recorded in the Register's Office, Shelby County, Tennessee. (Reference Instrument No. 6005-287) Plans for the building can be found in the Office of Facilities at The University of Tennessee Health Science Center, Memphis, Tennessee. 2. The Sublessee shall pay annual rent of $81,114.00 ($11.00 per square foot) payable in installments of $6,759.50 per month for the office space. The Sublessee shall pay annual rent of $14,490.00 ($15.00 per square foot) payable in installments of $1,207.50 per month for the additional laboratory space. 3. All other terms remain unchanged. IN WITNESS WHEREOF, this Sublease amendment has been executed by the parties as of the date hereinabove written: TRISTAR ENTERPRISES, INC. By: /s/ illegible ___________________________ Title: President & CEO GENOTHERAPEUTICS, INC. By: Marc Hanover -------------------------- Title: President SUBLEASE AMENDMENT NUMBER 2 This Amendment Number 2 is to the sublease between Tristar Enterprises, Inc., a Tennessee nonprofit corporation ("Sublessor") and GTx, Inc., a Tennessee corporation ("Sublessee") signed on October 1, 2000. A copy of the sublease, signed on October 1, 2000 and a copy of the original Sublease Amendment, which was effective on February 1, 2001, are attached to this Sublease Amendment Number 2. 1. The Sublessor hereby subleases unto the Sublessee those premises with the appurtenances thereto situated in the State of Tennessee, County of Shelby, City of Memphis, located at 3 North Dunlap Street, more particularly described as follows: Effective October 1, 2002, approximately 644 rentable square feet of office space located on the First Floor of the Van Vleet Building, Rooms C119, C120, C121, C122, C126. 2. The Sublessee shall pay annual rent of $7,087.73 ($11.00 per square foot) payable in installments of $590.64 per month for the office space. 3. All other terms remain unchanged. In witness whereof, this Sublease Amendment Number 2 has been executed by the parties as indicated below: TRISTAR ENTERPRISES, INC. GTx, INC. By: /s/ Robert L. Palmer By: /s/ Mark E. Mosteller --------------------------------- ----------------------------- Name: Robert L. Palmer Name: Mark E. Mosteller Title: President & CEO Title: Chief Financial Officer Date: 11/5/02 Date: 11/5/02 Amendment Number 2 C0119 115 C0120 121 C0121 105 C0122 85 C0126 60 -------- 486 x 1.3258 -------- 644.34 x 11 -------- 7,087.73 590.64
SUBLEASE AMENDMENT NUMBER 3 This Amendment Number 3 is to the sublease between Tristar Enterprises, Inc., a Tennessee nonprofit corporation ("Sublessor")and GTx, Inc., a Tennessee corporation ("Sublessee") signed on October 1, 2000. A copy of the sublease, signed on October 1, 2000, a copy of the original Sublease Amendment, and a copy of Sublease Amendment Number 2, are attached to this Sublease Amendment Number 3. 1. The Sublessor hereby subleases unto the Sublessee those premises with the appurtenances thereto situated in the State of Tennessee, County of Shelby, City of Memphis, located at 3 North Dunlap Street, more particularly described as follows: Effective January 1, 2002, approximately 2,437 rentable square feet of office space located on the First Floor of the Van Vleet Building, Rooms C106, C106A, C106B, C106C, C106D, C106E, C106F, C106G, C106H, C107, C110, and C111. 2. The Sublessee shall pay annual rent of $120.00 payable in installments of $10.00 per month for the space. 3. All other terms remain unchanged. In witness whereof, this Sublease Amendment Number 2 has been executed by the parties as indicated below: TRISTAR ENTERPRISES, INC. GTx, INC. By: /s/ Robert L. Palmer By: /s/ Mark E. Mosteller --------------------------------- --------------------------------- Name: Robert L. Palmer Name: Mark E. Mosteller Title: President & CEO Title: CFO Date: 11/6/02 Date: 11/5/02 GTx, INC. DETAIL OF CLEAN ROOM CONSTRUCTION EXPENSES CLEAN ROOM LOCATED ON THE FIRST FLOOR OF THE VAN VLEET BUILDING, 3 NORTH DUNLAP STREET
VENDOR ITEM INVOICE NUMBER AMOUNT - --------------------------------------------------------------------------------------- Clean Rooms West Clean room construction and HVAC 18593 $10,303.94 Clean Rooms West Clean room construction and HVAC 18594 1,251.00 Clean Rooms West Clean room construction and HVAC 18510 73,657.55 Clean Rooms West Clean room construction and HVAC 17377 9,329.05 $ 94,541.54 ---------- Steris Autoclave-sterilizer 101305900 53,648.99 Steris Autoclave-sterilizer 101451916 3,861.28 Steris Autoclave-sterilizer 101627455 506.37 Steris Autoclave-sterilizer 101625106 2,680.81 Steris Autoclave-sterilizer 101694378 3,289.97 63,987.42 ---------- Quality Cryogenics Special piping for liquid nitrogen 3552 1,500.00 Quality Cryogenics Special piping for liquid nitrogen 6229 4,580.00 Quality Cryogenics Special piping for liquid nitrogen 6228 8,603.00 14,683.00 ---------- White Plumbing Piping for gases 3107 5,032.00 5,032.00 ---------- Nexair Gas manifolds 542767 918.11 553743 125.57 553737 1,266.53 534143 1,742.30 534131 5,265.70 502403 7,704.05 594376 68.78 17,091.04 ---------- Pure Water Solutions Sterilizer Feed Water System 64381 3,072.14 3,072.14 ---------- ------------ Total Clean Room Costs Incurred by GTx, Inc. $ 198,407.14 ============
SUBLEASE AMENDMENT NUMBER 4 This Amendment Number 4 is to the sublease between Tristar Enterprises, Inc., a Tennessee nonprofit corporation ("Sublessor")and GTx, Inc., a Tennessee corporation ("Sublessee") signed on October 1, 200l. A copy of the sublease, signed on October 1, 2000, a copy of the original Sublease Amendment, a copy of Sublease Amendment Number 2, and a copy of Sublease Amendment Number 3 are attached to this Sublease Amendment Number 4. 1. The Sublessor hereby subleases unto the Sublessee those premises with the appurtenances thereto situated in the State of Tennessee, County of Shelby, City of Memphis, located at 3 North Dunlap Street, more particularly described as follows: Effective September 1, 2003, approximately 3 10 rentable square feet of office space located on the First Floor of the Van Vleet Building, Rooms C127 and C129. 2. The Sublessee shall pay annual rent of $3,410.00 ($11 per square foot) payable in installments of $258.80 per month for the office space. 3. All other terms remain unchanged. In witness whereof, this Sublease Amendment Number 4 has been executed by the parties as indicated below: TRISTAR ENTERPRISES, INC. GTx, INC. By: /s/ Robert L. Palmer By: /s/ Mark E. Mosteller ---------------------------------- ------------------------------ Name: Robert L. Palmer Name: Mark E. Mosteller Title: President & CEO Title: Chief Financial Officer Date: 8/11/03 Date: 8/11/03 SUBLEASE AMENDMENT NUMBER 5 This Amendment Number 5 is to the sublease between Tristar Enterprises, Inc., a Tennessee nonprofit corporation ("Sublessor")and GTx, Inc., a Tennessee corporation ("Sublessee")signed on October 1, 2000, 1. The Sublessor hereby subleases unto the Sublessee those premises with the appurtenances thereto situated in the State of Tennessee, County of Shelby, City of Memphis, located at 3 North Dunlap Street, more particularly described as follows: Effective September 1, 2003, approximately 831 rentable square feet of office space located on the Second Floor of the Van Vleet Building, Rooms S201, S202, S203, S205, and S206. 2. The Sublessee shall pay annual rent of $9,141.00 ($11 per square foot) payable in installments of $761.75 per month for the office space. 3. All other terms remain unchanged. In witness whereof, this Sublease Amendment Number 5 has been executed by the parties as indicated below: TRISTAR ENTERPRISES, INC. GTx, INC. By: /s/ Robert L. Palmer By: /s/ Mark E. Mosteller ------------------------------------- ----------------------------- Name: Robert L. Palmer Name: Mark E. Mosteller Title: President & CEO Title: Chief Financial Officer Date: 8/5/03 Date: 8/7/03