Exhibit 10.29
FIRST AMENDMENT TO OFFICE LEASE AGREEMENT
THIS FIRST AMENDMENT TO OFFICE LEASE AGREEMENT (this "First Amendment") is
made and entered into effective as of the 1st day of November, 2022, by and between RADIANT-NORTH POINT PROPERTIES, LLLP, a Delaware limited liability limited partnership (as "Landlord"), and CLEARSIDE BIOMEDICAL, INC., a Delaware corporation (as "Tenant").
WITNESSETH:
WHEREAS, BRE/COH GA, LLC ("Original Landlord") and Tenant entered into that certain Office Lease Agreement dated November 21, 2016 (the "Original Lease"), pursuant to which Tenant leases certain premises containing approximately 19,707 rentable square feet of space (the "Existing Premises") on the second (2nd) floor of the building located at 900 North Point Parkway, Alpharetta, Georgia 30005 (the "Building"), as such space is more particularly described in the Lease; and
WHEREAS, Landlord (as successor-in-interest to Original Landlord) and Tenant (desire to modify and amend the Original Lease to extend the term of the Original Lease, to reduce the Existing Premises by returning to Landlord that approximately 5,659 rentable square foot portion of the Existing Premises shown on Exhibit A. attached hereto (the "Reduction Premises"), to clarify the suite designation of the Premises and to make certain changes hereinafter set forth.
NOW, THEREFORE, for and in consideration of the mutual premises, and for Ten and No/I 00 Dollars ($10.00) and other good and valuable consideration, paid by the parties hereto to one another, the receipt and sufficiency of which are acknowledged by the parties hereto, the parties for themselves and their successors and assigns hereto hereby covenant and agree as follows:
on Exhibit B attached hereto (collectively, the "Existing Furniture") shall be left in the Reduction Premises in the condition existing as of the date of this First Amendment and shall not be removed from the Reduction Premises by Tenant. Tenant hereby (i) represents and warrants to Landlord that Tenant owns the Existing Furniture free and clear of the interest of any party, and (ii) quitclaims unto Landlord all of Tenant's right, title and interest in and to the Existing Furniture for $1.00 and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged.
Period | Annual Rent Per Square Foot | Monthly Installment of Rent |
l l /1/2022 - 10/3 l /2023 | $26.00 | $30,437.33 * |
11/1/2023 - 10/31/2024 | $26.78 | $31,350.45 |
11/1/2024 - 10/31/2025 | $27.58 | $32,286.99 |
11/1/2025 - 10/31/2026 | $28.41 | $33,258.64 |
11/1/2026 - 11/30/2026 | $29.26 | $34,253.71 |
* Landlord agrees to provide Tenant a partial abatement of the Base Rent for the Premises (i) in the amount of $30,437.33 for the month of November 2022; (ii) in the amount of $30,437.33 for the month of December 2022; and (iii) in the amount of
$4,797.00 for the month of January 2023, for a total abatement of $65,671.66 (collectively, the "Abated Rent"). Upon the occurrence of a Default by Tenant
under the Lease, the Abated Rent shall be revoked, null and void, and in addition to any other remedies under this Lease, the Abated Rent shall become immediately due and payable to Landlord.
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This Extension Option is personal to Clearside Biomedical, Inc., a Delaware corporation, may not be exercised by any party other than Clearside Biomedical, Inc., a Delaware corporation (or an assignee pursuant to a Business Transfer (as defined in Section 11.04 of the Original Lease), and shall become null and void upon the occurrence of an assignment of the Lease (by operation of law or otherwise) or a sublet of all or a part of the Premises other than in connection with a Business Transfer.
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the Building after the Partial Reduction Date, Tenant shall continue to have its rights and obligations with respect to the Monument Sign pursuant to and in accordance with the terms and provisions of Additional Provision 4 (Monument Signage) on Exhibit F to the Original Lease.
$30,437.33 and such cash Security Deposit shall thereafter be held by Landlord pursuant to and in accordance with the terms and provisions of Section 6 of the Original Lease.
Radiant-North Point Properties, LLLP 1170 Peachtree Street, Suite 2000
Atlanta, Georgia 30309 Attn: A. Boyd Simpson
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[Signatures Begin on Following Page]
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IN WITNESS WHEREOF, the parties below have caused this First Amendment to be executed under seal as of the date and year first above written.
LANDLORD: | |
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RADIANT-NORTH POINT PROPERTIES, LLLP, | |
a Delaware limited liabiltiy limited partnership | |
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By: | TSO RNP GP, LP, A Georgia limited partnership, |
Its: | General Partner |
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By: | TSO RNP General Partner, LP, |
| a Georgia limited partnership, |
Its: | General Partner |
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By: | TSO RNP GP SPE, Inc., |
| a Georgia corporation |
Its: | General Partner |
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By: | /s/ A. Boyd Simpson |
Name: | A. Boyd Simpson |
Title: | President |
[Signatures Continue on Following Page]
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TENANT: | |
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CLEARSIDE BIOMEDICAL, INC., | |
a Delaware Corporation | |
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By: | /s/ Charles A. Deignan |
Name: | Charles A. Deignan |
Title: | CFO |
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EXHIBIT A
PREMISES/REDUCTION PREMISES
EXHIBIT B
EXISTING FURNITURE
□ Existing Furniture in this area to remain with Landlord