Second Amendment to Lease Agreement between W. M. Rickman Construction Co. LLC and MacroGenics, Inc.
This agreement is a second amendment to the original lease between W. M. Rickman Construction Co. LLC (landlord) and MacroGenics, Inc. (tenant) for office space in Rockville, Maryland. It extends the lease term to December 31, 2014, sets new rent amounts with annual increases, and grants the tenant a five-year renewal option at market rates, provided they give nine months' notice. The landlord also agrees to waive one month's rent at the start of the renewal term. All other terms of the original lease remain unchanged.
Exhibit 10.12
MACRO GENICS, INC.
Second Amendment to Lease Agreement
This second amendment to lease agreement (AGREEMENT) made and entered into this 1ST day of June 2011, by and between W. M. RICKMAN CONSTRUCTION CO. LLC (LANDLORD) and MACRO GENICS, INC. (TENANT).
WITNESSETH:
Whereas, the LANDLORD and TENANT entered into a certain lease (LEASE) dated December 2nd, 2004, covering 15,180 square feet of space (PREMISES) located on the 2nd floor in 15235 Shady Grove Road, Rockville, Maryland (BUILDING); and
Whereas, the LEASE was amended on January 31, 2006, revising Section 13 of LEASE; and
Whereas, the LEASE is set to terminate on November 30, 2011.
Now, therefore, the parties hereto, intending to be legally bound, do covenant and agree as follows:
1. | The LEASE is extended for three (3) years and one (1) month, LEASE shall terminate December 31, 2014. |
2. | Commencing December 1, 2011 TENANTS monthly minimum rent shall be $34,238.34 and shall increase 3% annually in accordance with the LEASE. |
3. | TENANT shall have one (1) five (5) year renewal option to extend LEASE at current market rate. LEASE shall extend January 1, 2015 and terminate December 31, 2019 if TENANT chooses to use option to extend. |
4. | TENANT must give at least nine (9) months advance written notice to LANDLORD of intent to use option to extend LEASE. |
5. | LANDLORD agrees to abate TENANTS monthly minimum rent for one (1) month totaling $34,238.34. Such abatement shall be applied to the minimum rent payable by Tenant for the first month of the renewal term. |
Ratification of LEASE: Except as expressly modified or amended by this AGREEMENT, all terms, covenants and conditions of the LEASE shall remain the same.
In witness whereof, LANDLORD and TENANT have caused this AGREEMENT to be executed as of this 1ST day of June 2011, and do hereby declare this AGREEMENT to be binding on them, their respective successors and assigns.
WITNESS: | LANDLORD: | |||||
W. M. Rickman Construction Co. | ||||||
[ILLEGIBLE] | /s/ William M. Rickman | |||||
By: William M. Rickman | ||||||
WITNESS: | TENANT: | |||||
MACRO GENICS, INC. | ||||||
[ILLEGIBLE] | [ILLEGIBLE] | |||||
By: [ILLEGIBLE] |