THIS LEASE (this Lease) is entered into as of this 12th day of July, 2019 (the Execution Date), by and between BMR-EASTGATE MALL LP, a Delaware limited partnership (Landlord), and POSEIDA THERAPEUTICS, INC., a Delaware corporation (Tenant).
A. WHEREAS, Landlord owns certain real property (the Property) and the improvements on the Property located at 4575 Eastgate Mall, San Diego, California, including the building located thereon (the Building); and
B. WHEREAS, Landlord wishes to lease to Tenant, and Tenant desires to lease from Landlord, certain premises (the Premises) consisting of the entire Building, pursuant to the terms and conditions of this Lease, as detailed below.
C. WHEREAS, an affiliate of Landlord, BMR-9360-9390 Towne Centre LP, a Delaware limited partnership (the 9360-9390 Owner), owns certain real property located adjacent to the Property at 9360 and 9390 Towne Centre Drive, San Diego, California (the 9360-9390 Property), including the buildings located thereon (the 9360-9390 Buildings).
D. WHEREAS, Tenant currently leases certain premises in the building located at 9390 Towne Centre Drive, San Diego, California (the 9390 Building), pursuant to that certain Lease dated October 1, 2018, by and between Tenant and 9360-9390 Owner (the 9390 Lease).
NOW, THEREFORE, Landlord and Tenant, in consideration of the mutual promises contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and intending to be legally bound, agree as follows:
1. Lease of Premises.
1.1. Effective on the Term Commencement Date (as defined below), Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, the Premises, as shown on Exhibit A attached hereto, including all service corridors, stairways, elevators, restrooms, lobbies, shafts, cable runs, mechanical spaces, and rooftop areas, for use by Tenant in accordance with the Permitted Use (as defined below) and no other uses. The Property, the 9360-9390 Property and all landscaping, parking facilities, private drives and other improvements and appurtenances related thereto, including the Building, the 9360-9390 Buildings and other buildings located on the Property and the 9360-9390 Property are hereinafter collectively referred to as the Project. All portions of the Project (outside the Premises and the Building) that are from time to time designated by Landlord (with respect to the Property) and the 9360-9390 Owner (with respect to the 9360-9390 Property) as being for the non-exclusive use of tenants of the Project generally, including driveways, sidewalks, parking areas, landscaped areas, and (to the extent not located in a building, except as otherwise provided in Section 46) service corridors, stairways, elevators, public restrooms, public lobbies and upon the Amenities Facilities Opening Date (as defined below), the Amenities Facilities (as defined below) are hereinafter referred to as Common Area. Amenities Facilities shall have the meaning given to such term in Exhibit J of the 9390 Lease.