Maryland-Gaithersburg-35 West Watkins Mill Road Lease [Amendment No. 2] - Clopper Road Associates and MedImmune Inc.
SECOND AMENDMENT OF LEASE
BETWEEN
CLOPPER ROAD ASSOCIATES AND
MEDIMMUNE, INC.
DATE: June 30, 1993
SECOND AMENDMENT OF LEASE
THIS SECOND AMENDMENT OF LEASE (this "Second Amendment") is
made this 30th day of June, 1993, by and between CLOPPER ROAD
ASSOCIATES, a Maryland general partnership ("Landlord") and
MEDIMMUNE, INC., a Delaware corporation ("Tenant").
Explanatory Statement
A. Landlord and Tenant entered into a Lease dated February
14, 1991 (the "Original Lease") for a portion of Building D
located at 35 West Watkins Mill Road in the Bennington Corporate
Center, which portion contains 40,843 square feet (the "Original
Leased Premises").
B. Landlord and Tenant entered into a First Amendment of
Lease dated June 8, 1993 (the "First Amendment") (collectively,
the Original Lease and First Amendment shall be termed the
"Lease"), pursuant to which Building D was expanded, the square
footage of the Original Leased Premises was increased (the
"Expansion Space") (collectively, the Original Leased Premises
and Expansion Space shall be termed the "Expanded Leased
Premises"), and certain other changes were made to the Original
Lease.
C. Landlord and Tenant now desire to expand the square
footage of the Expanded Leased Premises by adding space in
Building B located at 25 West Watkins Mill Road, adjusting the
Rent payable therefor, and making certain other changes to the
Lease, all as more specifically set forth below.
NOW, THEREFORE, in consideration of the Explanatory
Statement, which shall be deemed a substantive part of this
Second Amendment, the covenants of the parties herein and in the
Lease, and other good and valuable consideration, the receipt and
adequacy of which are hereby acknowledged, Landlord and Tenant
hereby agree as follows:
1. Effective Date of Second Amendment. From and
after the date of this Second Amendment, the Lease shall be
amended as set forth below.
2. Capitalized Terms. All capitalized terms in this
Second Amendment shall have the same meanings as those in the
Lease, unless specifically set forth otherwise herein.
3. Second Expansion Space. Landlord hereby leases to
Tenant, and Tenant hereby leases from Landlord, in addition to
the Expanded Leased Premises, approximately Seven Thousand Four
Hundred Nineteen (7,419) rentable square feet of space in
Building B (the "Second Expansion Space"). The Second Expansion
Space is shown more particularly on Exhibit A attached hereto and
made a part hereof.
4. Second Expansion Space. Tenant shall lease the
Second Expansion Space in "As Is" condition.
5. Landlord's Contribution. Landlord shall pay Tenant
Eight Dollars ($8.00) per square foot of the Second Expansion
Space, for a total of Fifty-Nine Thousand Three Hundred Fifty-Two
Dollars ($59,352.00) ("Landlord's Contribution") as an allowance.
Landlord's Contribution shall be paid to Tenant in one lump sum
within thirty (30) days of the date on which the Lease is fully
executed by Landlord and Tenant.
6. Construction Provisions of Original Leased
Premises and Expansion Space Not Applicable to Second Expansion
Space. Article I.B of the Original Lease and Paragraphs 4
through 7 of the First Amendment shall only apply to the Original
Leased Premises and Expansion Space, respectively, and shall not
apply to the Second Expansion Space.
7. Term of Second Expansion Space Lease. The Second
Expansion Space Term will commence on the Second Expansion Space
Commencement Date and will end on the last day of the Lease Term.
From and after the date of this Second Amendment, the term "Lease
Term" will include the Second Expansion Space Term. Upon the
occurrence of the Second Expansion Space Commencement Date,
Landlord and Tenant shall execute in writing a statement setting
forth the Second Expansion Space Commencement Date.
a. Second Expansion Space Commencement Date.
The Second Expansion Space Commencement Date shall be the date
first written above.
b. Acceptance of Second Expansion Space. Upon
Landlord's delivery of possession of the Second Expansion Space
to Tenant, Tenant will be deemed to have accepted the Second
Expansion Space subject to Landlord's duties otherwise provided
herein.
8. Cancellation Option.
Paragraph I.B of the Lease shall only apply to the
Expanded Leased Premises and shall not apply to the Second
Expansion Space.
In addition to Tenant's rights under Paragraph I.B of
the Lease, Tenant shall have the right to terminate this Lease
with respect to the Second Expansion Space only (for purposes of
this paragraph 8 only, termination of the Lease shall be deemed
to be termination of the Lease with respect to the Second
Expansion Space only) at any time from and after the expiration
of the sixtieth (60th) month of the Second Expansion Space Lease
Term upon at least six (6) months' prior written notice to
Landlord, which notice may be delivered to Landlord at any time
from and after the expiration of the fifty-fourth (54th) month of
the Second Expansion Space Lease Term. If Tenant exercises its
right to terminate this Lease under this paragraph 8, Tenant
shall pay Landlord by certified or bank cashier's check made
payable to Landlord, or at Landlord's option, by wire transfer of
immediately available funds to Landlord's account, on or before
the month immediately preceding the proposed date of Lease
termination in Tenant's notice, a fee (the "Fee") of Fifteen
Thousand Dollars ($15,000.00), and as of the Lease termination
date hereunder, Tenant shall have cured any uncured monetary
default under the Lease, including any late fees due thereon,
without any obligation to pay any accelerated Rent.
Notwithstanding the immediately preceding sentence, the Fee shall
be reduced by Five Hundred Dollars ($500.00) per month commencing
upon the expiration of the sixtieth (60th) month of the Second
Expansion Space Lease Term, so that if Tenant's exercise of its
right to terminate the Lease under this paragraph 8 is effective
after the expiration of the ninetieth (90th) month of the Second
Expansion Space Lease Term, Tenant shall owe no Fee upon
termination of the Lease hereunder.
Landlord shall provide to the Tenant no less than
thirty (30) days before the last day of the Second Expansion
Space Lease Term pursuant to Tenant's notice of termination under
this paragraph 8 (the "Termination Date"), a termination rent
statement (the "Termination Rent Statement"), which Termination
Rent Statement shall set forth through the Termination Date all
then-uncured monetary defaults with respect to Basic Annual Rent,
including any previously-billed and unpaid late fees due on any
and all such late payments of Basic Annual Rent, and all Basic
Annual Rent which is then unpaid or which will be payable under
the Lease through and including the Termination Date.
Notwithstanding anything set forth above in this paragraph 8, the
termination of the Lease pursuant to this paragraph shall not be
effective until Landlord has received from Tenant the Fee, if
any, and the amount set forth in the Termination Rent Statement;
provided, however, that if Landlord fails to provide the
Termination Rent Statement to Tenant as and when required
hereunder, the termination of the Lease pursuant to this
paragraph shall nevertheless be effective on the Termination
Date; provided that in such event, Tenant has timely paid the
Fee, if any, to Landlord. If Landlord provides the Termination
Rent Statement to Tenant later than as set forth above, then
Tenant's failure to pay the amount set forth in the Termination
Rent Statement before the Termination Date shall not extend the
termination of this Lease pursuant to this paragraph beyond the
Termination Date, but Tenant shall nevertheless be required to
pay the amount set forth in the Termination Rent Statement within
thirty (30) days of receipt thereof. Landlord shall have the
right, for a period of one-hundred eighty (180) days after the
Termination Date (the "Post Termination Period"), to provide
Tenant with a statement setting forth any accrued and unpaid late
fees on sums due under the Lease other than Basic Annual Rent,
and Common Area Expenses, Taxes, Insurance, and any other amounts
other than those set forth in the Termination Rent Statement
which are due and owing by Tenant to Landlord through the
Termination Date (the "Post Termination Statement"). Tenant shall
pay the amount set forth in the Post Termination Statement within
twenty (20) days after receipt of the Post Termination Statement
from Landlord. If Landlord has not delivered to Tenant the
Termination Rent Statement and/or the Post Termination Statement
by the end of the Post Termination Period, Landlord shall have no
further right to make any claim for payment of any sums payable
by Tenant to Landlord pursuant to this Lease other than the Fee,
if any, and the sums set forth in whichever Statement, if any,
that has been delivered to Tenant by the end of the Post
Termination Period.
9. Basic Annual Rent for the Second Expansion Space.
a. Payment of Basic Annual Rent for the Second
Expansion Space. For a period of sixty (60) days beginning on
the Second Expansion Space Commencement Date (the "Free Rent
Period"), Tenant shall not have to pay any Basic Annual Rent for
the Second Expansion Space. Beginning on the first day after the
Free Rent Period and continuing through and including November
30, 1993, Tenant agrees to pay Landlord Basic Annual Rent of One
Dollar and Twenty-Three Cents ($1.23) per square foot, for a
total of Nine Thousand One Hundred Twenty-Five Dollars and Thirty
Seven Cents ($9,125.37) in equal monthly installments of Seven
Hundred Sixty Dollars and Forty-Five Cents ($760.45). Basic
Annual Rent will increase once annually on each succeeding
December 1 as set forth below in this paragraph 9(a) through
November 30, 1999. Commencing on December 1, 1999 and continuing
on each succeeding December 1, Basic Annual Rent will increase at
a fixed rate of three percent (3%) per year. A schedule of the
amounts of Basic Annual Rent due during each month of each Lease
Year of the Lease Term is as follows:
Annual Basic Monthly
Lease Year Sq. Ft. Rate Annual Rent Installment
Free Rent Period
Until 11/30/93 1.23 $ 9,125.37 $ 760.45
Until 11/30/94 11.72 86,960.58 7,245.89
Until 11/30/95 12.04 89,324.76 7,443.73
Until 11/30/96 12.38 91,847.22 7,653.94
Until 11/30/97 12.72 94,369.68 7,864.14
Until 11/30/98 13.07 96,966.33 8,080.53
Until 11/30/99 13.46 99,859.74 8,321.65
Until 11/30/00 13.86 102,827.34 8,568.95
Until 11/30/01 14.28 105,943.32 8,828.61
Until 11/30/02 14.71 109,133.49 9,094.46
Until 11/30/03 15.15 112,397.85 9,366.49
Until 11/30/04 15.60 115,736.40 9,644.70
Until 11/30/05 16.07 119,223.33 9,935.28
Until 11/30/06 16.55 122,784.45 10,232.04
b. Payment of Basic Annual Rent for Second
Expansion Space. The above amounts of Basic Annual Rent for the
Second Expansion Space shall be paid at the time and in addition
to the payment of Basic Annual Rent for the Expanded Leased
Premises, and otherwise in the manner set forth in Article III.B
of the Lease, commencing on July 1, 1993.
10. Security Deposit. Paragraph III.A. of the Lease
shall only apply to the Expanded Leased Premises and shall not
apply to the Second Expansion Space.
11. Adjustments to Square Footages, Percentages and
Addresses.
a. Paragraph III.C(1)(c) of the Lease shall be
amended in that the term "Rentable Area of the Leased Premises"
shall be deemed to be 58,054 square feet rather than 50,635
square feet so that the term includes the Second Expansion Space.
This amended square footage number shall apply throughout the
Lease to all references to the square footage of the Leased
Premises. The second through final sentence of Paragraph
III.C(1)(c) of the Lease shall not apply to the Second Expansion
Space.
b. Paragraph III.C(1)(d) of the Lease shall be
amended by adding a new sentence at the end thereof as follows:
"The "Rentable Area of Building B" will be deemed to be 32,306
square feet."
c. Paragraph III.C(1)(e) of the Lease shall be
amended as of the Second Expansion Commencement Date so that the
term "Tenant's Portion (with respect to the payment of Common
Area Expenses, Taxes and Insurance)" will be forty-three percent
(43%) (58,054/134,546) rather than 37.63% (50,635/134,546) so
that the term includes the Second Expansion Space. This amended
Tenant's Portion shall apply throughout the Lease.
d. Paragraph III.C(1)(f) of the Lease shall be
amended by adding the underlined language as follows:
"Landlord agrees that Common Area Expenses shall
not include: (i) a capital cost or depreciation thereon relating
to the construction of the buildings or the common areas; (ii)
all costs, charges or payments made pursuant to a deed of trust
or deed of trust note or other obligations secured by the
buildings or any of them, or any other note used to finance or
refinance the Leased Premises or the buildings or any part
thereof; (iii) any of Landlord's income, inheritance, estate or
transfer taxes; (iv) any costs, charges or expenses relating to
financing or refinancing the Leased Premises, the buildings or
any part thereof, or any cost relating to a tenant in particular
as contrasted to tenants in general including without limitation
build-out allowances, rent concessions, brokerage commission,
attorneys or other professional fees relating to the negotiation
of relationships with a tenant or a prospective tenant or
enforcement of rights pursuant to a lease or other obligation or
defense of any actions brought by a tenant or any other party
with respect to any lease or other contractual obligation between
Landlord and any other party; or (v) except with respect to on
site personnel who perform janitorial, maintenance and/or repair
services with reference to the Project, the wages, salaries or
other compensation or remuneration, and any taxes, insurance or
benefits relating thereto (collectively, the "Wages and
Benefits"), of any managing agent and any employees of any
managing agent as well as those who perform functions similar to
functions performed by managing agents (except for the Wages and
Benefits attributable to that portion of time that a managing
agent, employees of any managing agent, or those who perform
functions similar to functions performed by managing agents,
spend on-site)."
e. The estimated amounts set forth in Paragraph
III.C(2)(a) and (b) of the Lease shall be amended as of the
Second Expansion Commencement Date by adding thereto the
estimated amounts of such Taxes, Insurance and Common Area
Expenses for the Second Expansion Space. Therefore, commencing
on the Second Expansion Commencement Date, Tenant shall pay to
Landlord, in addition to the amounts set forth in the Lease
sections listed above, with and at the same time as the monthly
payments of Basic Annual Rent, the following amounts with respect
to the Second Expansion Space:
(i) Six Hundred Sixty-One Dollars and Fifty
Three Cents ($661.53) per month as one-twelfth of Tenant's
estimated Portion of Common Area Expenses, which amount includes
Ninety-Two Dollars and Seventy-Four Cents ($92.74) per month as
one-twelfth of Tenant's estimated Portion of the Insurance Costs.
The limitation on increases in Common Area
Expenses under the Lease shall apply to Tenant's Portion of
Common Area Expenses for the Second Expansion Space, except that
the Common Area Expenses for the Second Expansion Space for the
first Lease Year shall not be limited in any way. Therefore, the
fifth paragraph of Paragraph III.C(2) of the Lease (commencing
with the phrase "Notwithstanding anything to the contrary ...")
shall not apply to the Second Expansion Space.
(ii) Nine Hundred Thirty-Three Dollars and
Fifty-Six Cents ($933.56) per month as one-twelfth of Tenant's
estimated Portion of Taxes.
12. Use Restrictions and Rules. Paragraph IV.A of
the Lease shall be amended in that the bracketed language set
forth below shall only apply to the Expanded Leased Premises and
shall not apply to the Second Expansion Space:
Tenant agrees to use the Leased Premises only as an
office and a laboratory and for no other purpose. In addition,
Tenant agrees to be bound by all laws, requirements, rules,
orders, ordinances, zoning and restrictive covenants applicable
to the Building, Tenant's business conducted in the Leased
Premises and the Property, whether in force at the Commencement
Date of this Lease or thereafter, and by the Rules and
Regulations as announced by Landlord from time to time (including
those set forth in Exhibit D which shall be uniformly applied in
a nondiscriminatory manner in like or similar circumstances with
respect to all tenants in the Project) (collectively, the
"Restrictions"). Tenant hereby represents and warrants to
Landlord that as of the date of execution of the Lease by all
parties, Tenant has obtained [or is expending reasonable efforts
to obtain] all licenses and permits required from any and all
applicable governmental authorities due to the nature of Tenant's
business operations in the Leased Premises. [Tenant shall have no
obligation to commence litigation or to pay higher than normal
fees for the issuance of such licenses and/or permits in order to
obtain such licenses and/or permits.]
If Tenant's business is prohibited by any ordinance now
or [hereafter enacted or if, because of any applicable laws,
ordinances, rules, regulations, zoning ordinances or statutes of
any duly constituted public authority having jurisdiction over
the Leased Premises or the business of the Tenant, the licenses
and permits necessary for Tenant's business, including without
limitation, business licenses, cannot be obtained despite
Tenant's reasonable efforts (which efforts shall not include any
obligation by Tenant to pay higher than normal fees for the
issuance of such licenses and permits), or, if Tenant's business
is prohibited by any zoning or any use ordinance now or]
hereinafter enacted, Tenant, at its election, may, upon thirty
(30) days' prior written notice to Landlord, terminate this
Lease. In such event, the thirtieth (30th) day after Tenant's
notice date shall be the last date of the term of this Lease as
though set forth herein, and neither party shall have any further
obligations under this Lease[, except that: (i) Tenant shall,
within thirty (30) days of the Lease termination date, pay to
Landlord, by certified or bank cashier's check made payable to
Landlord, in one lump sum, the entire unamortized balance of the
Loan Amount; (ii) concurrently with Landlord's receipt of
Tenant's payment of the unamortized balance of the Loan Amount,
Tenant shall receive back its letter of credit required under
Paragraph III.A above; and (iii) concurrently with Tenant's
receipt of its letter of credit, Landlord shall receive back its
letter of credit required under Paragraph I.B(10) above, if such
letter of credit has not previously been returned to Landlord].
Notwithstanding the immediately preceding paragraph,
Tenant shall have the right to contest any zoning or use
ordinance [now or] hereafter enacted, at Tenant's sole expense,
and Landlord reasonably shall cooperate with Tenant, at no cost
to Landlord. Tenant shall have the right to select and control
its own counsel with respect to any litigation or administrative
proceeding instituted pursuant to such contest. [If Tenant
contests a zoning or use ordinance enacted or in existence on or
before the Commencement Date, Tenant shall pay Rent during the
entire period that Tenant pursues the contest from and after the
Commencement Date until thirty (30) days after Tenant gives
Landlord notice of Lease termination hereunder. If Tenant
contests a zoning or use ordinance enacted after the Commencement
Date,] Tenant shall continue to pay Rent during the entire
period that Tenant pursues the contest, until thirty (30) days
after Tenant gives Landlord notice of Lease termination
hereunder.
13. Improvements by Tenant. Subsection (i) of the
second paragraph of Paragraph IV.B of the Lease shall be stricken
in its entirety and replaced with the following:
"(i) the aggregate cost of the same does not
exceed One Hundred Thousand Dollars ($100,000)
with respect to the Expanded Leased Premises, or
Fifty Thousand Dollars ($50,000) with respect to
the Second Expansion Space...."
14. Insurance. The third through seventh paragraphs
of Paragraph IV.E of the Lease shall only apply to the Expanded
Leased Premises and shall not apply to the Second Expansion
Space.
15. Damage and Destruction. Article VI of the Lease
shall be amended by adding a new paragraph at the end thereof as
follows:
Notwithstanding the preceding three (3) paragraphs of
this Article VI, if Landlord or Tenant has the right to terminate
the Lease pursuant to this Article VI due to damage or
destruction to the Expanded Leased Premises only (excluding the
Second Expansion Space) by fire, other casualty, or any other
cause (except condemnation), then Landlord or Tenant
automatically shall have the right pursuant to this Article VI to
terminate the Lease with respect to the Second Expansion Space,
regardless of whether the Second Expansion Space has suffered any
damage or destruction. However, if Landlord or Tenant has the
right to terminate the Lease pursuant to this Article VI due to
damage or destruction to the Second Expansion Space only
(excluding the Expanded Leased Premises), Landlord or Tenant
shall not have any right to terminate the Lease with respect to
the Expanded Leased Premises. If Landlord or Tenant duly
terminates the Lease under Article VI with respect to the Second
Expansion Space, the Lease shall remain in full force and effect
with respect to the Expanded Leased Premises and the Second
Expansion Space shall be stricken from the definition of "Leased
Premises" under the Lease. Upon such damage or destruction to
the Second Expansion Space, the parties agree to enter into an
amendment to the Lease setting forth the reduced Leased Premises
and other related changes to the Lease, including, without
limitation, reduction of Basic Annual Rent and Tenant's Portion
of Common Area Expenses, Taxes and Insurance.
16. Condemnation. The last sentence of the second
paragraph of Article VII of the Lease shall only apply to the
Expanded Leased Premises, and shall not apply to the Second
Expansion Space. In addition, Article VII of the Lease shall be
amended by adding a new paragraph at the end thereof as follows:
Notwithstanding the preceding two (2) paragraphs of
this Article VII, if Landlord or Tenant has the right to
terminate the Lease pursuant to this Article VII due to taking or
condemnation of the Expanded Leased Premises only (excluding the
Second Expansion Space), then Landlord or Tenant automatically
shall have the right pursuant to this Article VII to terminate
the Lease with respect to the Second Expansion Space, regardless
of whether the Second Expansion Space has been condemned in whole
or in part. However, if Landlord or Tenant has any right to
terminate the Lease pursuant to this Article VII due to
condemnation or taking of the Second Expansion Space only
(excluding the Expanded Leased Premises), Landlord or Tenant
shall not have the right to terminate the Lease with respect to
the Expanded Leased Premises. If Landlord or Tenant duly
terminates the Lease under Article VII with respect to the Second
Expansion Space, the Lease shall remain in full force and effect
with respect to the Expanded Leased Premises, and the Second
Expansion Space shall be stricken from the definition of "Leased
Premises" under the Lease. Upon such condemnation of the Second
Expansion Space, the parties agree to enter into an amendment to
the Lease setting forth the reduced Leased Premises and other
related changes to the Lease, including, without limitation, a
reduction of Basic Annual Rent and Tenant's Portion of Common
Area Expenses, Taxes and Insurance.
17. Assignment/Subletting. The last paragraph of
Paragraph X.A of the Lease shall only apply to the Expanded
Leased Premises and shall not apply to the Second Expansion
Space.
18. Signage. Paragraph X.N of the Lease shall not
apply to the Second Expansion Space. Tenant shall nave no
exterior signage on Building B.
19. Parking. Paragraph X.O of the Lease shall be
amended by adding Tenant's right to the non-exclusive use of an
additional three and one-half (3.5) parking spaces per one
thousand (1,000) square feet of the Second Expansion Space for a
total of Twenty-Six (26) parking spaces. Therefore, in addition
to the 188 non-exclusive and 15 exclusive parking spaces set
forth in the Lease, Tenant shall have the non-exclusive use of 26
additional parking spaces in the front and rear of Building B.
If Tenant's loading requirements in the rear of Building B are
such that there is room for additional parking, then Tenant shall
have the non-exclusive use of additional parking space in the
rear of Building B.
20. Force Majeure. Paragraph X.P of the Lease shall be
amended by striking the last sentence thereof and adding a new
sentence as follows: "Notwithstanding the foregoing, except as
specifically provided in Paragraph II.C above with respect to the
Original Leased Premises, the provisions of this clause shall not
be construed as to allow, permit or authorize Landlord to deliver
(i) the Original Leased Premises in the condition required after
December 31, 1991; or (ii) the Second Expansion Space after July
31, 1993."
21. A new Paragraph X.Q(11) of the Lease shall be
added as follows: "Landlord and Tenant acknowledge that this
Second Amendment is contingent upon the full execution of an
agreement (the "Termination Agreement") between Landlord and
Nissei Sangyo America, Ltd. ("Hitachi"), satisfactory to both
Landlord and Hitachi, terminating the lease between Landlord and
Hitachi dated May 1, 1989, as amended, with respect to the Second
Expansion Space. If a Termination Agreement is not fully
executed and delivered to Landlord and Hitachi by June 30, 1993,
this Second Amendment automatically shall be null and void and of
no further force and effect, and neither Landlord nor Tenant
shall have any further obligations under this Second Amendment."
22. Tenant Authorization. Tenant represents and
warrants to Landlord that this Second Amendment has been validly
authorized and is executed by an authorized officer of Tenant and
that its terms are binding upon and enforceable against Tenant in
accordance herewith.
23. Lease as Amended. From and after the full
execution of this Second Amendment, the Lease shall be amended
and in full force and effect in such respects as are set forth in
this Second Amendment, and all other provisions, terms,
conditions and riders of and to the Lease shall in all respects
remain as set forth in the Lease, in full force and effect and
applicable to the Second Expansion Space, except as specifically
set forth in this Second Amendment.
24. Tenant Reaffirmation of Lease. Tenant hereby
reaffirms and restates, and agrees to be bound by, the covenants,
promises, representations and agreements set forth in the Lease
(except to the extent that they are expressly superseded by this
Second Amendment) as if made herein.
LANDLORD:
WITNESS/ATTEST: CLOPPER ROAD ASSOCIATES,
a Maryland general partnership
By: M.O.R.M. Associates Limited
Partnership
By: RA & FM, Inc.
Kay M. Mayo By: Richard M. Alter(SEAL)
Name: Richard M. Alter
Title: President
TENANT:
WITNESS/ATTEST: MEDIMMUNE, INC., a Delaware
corporation
Sandra K. Kinder By: Emilio O. DiCataldo SEAL)
Name: Emilio O. DiCataldo
Title: Senior Vice President
Finance and Administration
(notaries on following page)
STATE OF MARYLAND )
) TO WIT:
COUNTY OF Baltimore )
I HEREBY CERTIFY that on this 2nd day of July, 1993, before
me, the subscribed, a Notary Public of the State and county
aforesaid, personally appeared Richard Alter, President of RA &
FM, Inc., general partner of M.O.R.M. Associates Limited
Partnership, general partner of Clopper Road Associates, and he
acknowledged the foregoing Lease Agreement to be the act and deed
of said general partnership.
WITNESS my hand and Notarial Seal.
Diane J. Hopkins
Notary Public
Baltimore Co., MD
My Commission Expires May 1, 1995
STATE/COMMONWEALTH OF MARYLAND)
) TO WIT:
COUNTY OF MONTGOMERY )
I HEREBY CERTIFY that on this 30th day of June, 1993,
before me, the subscribed, a Notary Public of the
State/Commonwealth and County aforesaid, personally appeared
Emilio O. DiCataldo, of MedImmune, Inc., Tenant, and he
acknowledged the foregoing Lease Agreement to be his/the act and
deed of said corporation.
WITNESS my hand and Notarial Seal.
Carol A. Iorio
Notary Public
My Commission Expires: July 11, 1994
EXHIBIT A Description of Expansion Space
EXHIBIT B Description of Shell Plans
EXHIBIT C Description of Expansion Space Plans
EXHIBIT D Shell Construction Costs
EXHIBIT E List of Tenants With Superior Rights to
Tenant to Lease Available Space in First Phase of
Project