FIRST AMENDMENT TO BUILD-TO-SUIT LEASE
This First Amendment to Build-to-Suit Lease ("First
Amendment") is made and entered into as of March 29, 2000, by and
between BRITANNIA POINTE GRAND LIMITED PARTNERSHIP, a Delaware limited
partnership ("Landlord"), and EXELIXIS, INC. (formerly known as
Exelixis Pharmaceuticals, Inc.), a Delaware corporation
("Tenant"), with reference to the following facts:
A. Landlord and Tenant are parties to a Build-to-Suit Lease dated as of
May 12, 1999 (the "Lease") covering, among other things, a
building presently under construction ("Building 1") on
certain property owned by Landlord (the "Phase 1
Property") on Harbor Way in the City of South San Francisco, County of
San Mateo, State of California. The Lease also includes various options and
rights on the part of Tenant to have a second building constructed by Landlord,
subject to certain conditions set forth in the Lease, on either the
Phase 2-A Property or the Phase 2-B Property as defined in the Lease.
Terms used in this First Amendment as defined terms but not defined herein shall
have the meanings assigned to such terms in the Lease.
B. By letter dated September 27, 1999, Landlord (through its counsel)
gave Tenant a Phase 2-B Acquisition Notice under Section 1.1(c)(iii)
of the Lease, notifying Tenant that Landlord had Acquired the Phase 2-B
Property. By letter dated December 20, 1999, Tenant exercised its option
under Section 1.1(c) of the Lease to have a building constructed on
the Phase 2-B Property and leased to Tenant, subject to the parties
entering into a mutually acceptable lease agreement.
C. Landlord and Tenant have now reached mutual agreement on the terms and
conditions to be applicable to the construction, leasing and occupancy of a new
building to be constructed on the Phase 2-B Property and, in compliance
with Section 1.1(c)(iii)(A) of the Lease, are entering into this First
Amendment to set forth such terms and conditions in a written lease
amendment.
NOW, THEREFORE, in reliance upon the foregoing recitals and upon the mutual
agreements set forth herein and for other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, Landlord and Tenant
agree as follows:
1. Leasing of Building 2; Connector Bridge.
(a) Landlord shall construct and lease to Tenant, and Tenant shall lease
from Landlord, subject to all of the terms and conditions of the Lease as
amended by this First Amendment, a two-story office and laboratory building of
approximately 49,000 square feet ("Building 2") to be
located on the real property described as the Phase 2-B Property in the
Lease and more particularly described on Exhibit A attached to this
First Amendment and incorporated herein by this reference (the
"Phase 2 Property").
(b) Substantially concurrently with the construction of Building 2,
Landlord shall also construct, for the exclusive use of Tenant and its
employees, suppliers, shippers, customers and invitees during the term of the
Lease, an elevated connector bridge between Building 1 and Building 2
(the "Connector Bridge"). Upon substantial completion of the
Connector Bridge and delivery of possession and use of the Connector Bridge to
Tenant, the Connector Bridge shall be construed to be part of the Buildings for
all purposes under the Lease, except that the square footage of the Connector
Bridge shall not be taken into account in determining minimum rental amounts for
Building 1 and/or Building 2 under Section 3.1(c) of the Lease,
as amended.
(c) Exhibit A to the Lease is hereby amended by replacing the
description of the Phase 2-B Property as set forth therein with the more
precise description set forth in Exhibit A attached to this First
Amendment. For purposes of this First Amendment and of the Lease as amended
hereby, references to "the Phase 2 Property" shall be construed
to refer to the Phase 2 Property as described in Exhibit A
attached to this First Amendment.
(d) The location of Building 2 on the Phase 2 Property and the
general design and layout of Building 2 as presently contemplated by the
parties are shown on Exhibit B attached hereto and incorporated
herein by this reference, subject to any subsequent modifications made by
Landlord or by mutual agreement of the parties in accordance with the terms of
the Lease as amended hereby. To the extent of any conflict between
Exhibit B attached hereto and the Site Plan attached as
Exhibit B to the Lease, Exhibit B attached hereto shall
be controlling with respect to Building 2 and the Phase 2
Property.
2. Term. The Termination Date for the Lease shall be determined in
accordance with the provisions of the Lease and is not affected by this First
Amendment. Section 2.1(b) of the Lease is amended to read in its entirety as
follows:
"(b) Tenant's minimum rental and Operating Expense obligations with
respect to Building 2 and the Phase 2 Property shall commence on the
earlier of (i) the date which is six (6) months after the date Landlord
delivers to Tenant a Structural Completion Certification for Building 2
pursuant to the Workletter attached to this Lease as Exhibit C, as
amended by the First Amendment to this Lease (subject to any adjustments
authorized or required under the provisions of such Exhibit C, as
amended), correctly notifying Tenant that Landlord's construction of the shell
of Building 2 pursuant to Article V and Exhibit C is
substantially complete, but in no event earlier than the date (adjusted for any
Tenant Delay, as defined in Exhibit C, which delays Landlord's
completion of the construction of the Connector Bridge) on which the
construction of the Connector Bridge is substantially completed in all material
respects, subject only to completion of Punch List Work (as defined in
Exhibit C), or (ii) the date Tenant takes occupancy of and commences
operation of its business in Building 2, the earlier of such dates being
herein called the "Phase 2 Rent Commencement Date"), and
shall end on the Termination Date, unless sooner terminated or extended (if
applicable) as hereinafter provided. The parties presently contemplate that the
delivery of the Structural Completion Certificate for Building 2 will occur
on approximately September 1, 2000 and that the Phase 2 Rent
Commencement Date will occur on approximately March 1, 2001."
3. Delay in Possession. For purposes of the first sentence of
Section 2.3 of the Lease, Exhibit D attached to this First
Amendment and incorporated herein by this reference (as hereafter modified,
updated or supplemented by the parties from time to time) sets forth the
Estimated Construction Schedule that Landlord shall use its best reasonable
efforts to meet with respect to the construction of Landlord's work on
Building 2 and the Connector Bridge.
4. Minimum Rental. Except as otherwise expressly provided below,
the rental provisions set forth in Section 3.1 of the Lease shall be
construed to apply solely to Building 1 and the Phase 1 Property and,
as applied to Building 1 and the Phase 1 Property, are not affected by
this First Amendment. The rental provisions applicable to Building 2 and
the Phase 2 Property are as follows:
(a) Tenant shall pay to Landlord as minimum rental for Building 2, in
advance, without deduction, offset, notice or demand, on or before the
Phase 2 Rent Commencement Date and on or before the first day of each
subsequent calendar month of the term of the Lease, the amounts per month set
forth below in the column headed "Monthly Minimum Rental," subject to
adjustment in accordance with the terms of this Paragraph 4
(provided, however, that the "Months" indicated in the left-
hand column of the following table are to be measured from the
Phase 1 Rent Commencement Date, with the result that if, for
example, the Phase 1 Rent Commencement Date occurs on May 1, 2000 and
the Phase 2 Rent Commencement Date occurs on March 1, 2001, Tenant
shall pay minimum rental for Building 2 at the rate indicated for Months
001-012 for the months of March 2001 and April 2001, then shall pay minimum
rental for Building 2 at the rate indicated for Months 013-024 beginning
with the month of May 2001, since that will be Month 013 as measured from the
Phase 1 Rent Commencement Date):
Months Monthly Minimum Rental
001 - 012 $ 131,810 ($2.69/sq ft)
013 - 024 151,410 ($3.09/sq ft)
025 - 036 155,330 ($3.17/sq ft)
037 - 048 159,250 ($3.25/sq ft)
049 - 060 163,660 ($3.34/sq ft)
061 - 072 168,070 ($3.43/sq ft)
073 - 084 171,990 ($3.51/sq ft)
085 - 096 176,890 ($3.61/sq ft)
097 - 108 163,660 ($3.34/sq ft)
109 - 120 168,560 ($3.44/sq ft)
121 - 132 174,440 ($3.56/sq ft)
133 - 144 161,210 ($3.29/sq ft)
145 - 156 167,090 ($3.41/sq ft)
157 - 168 155,820 ($3.18/sq ft)
169 - 180 162,190 ($3.31/sq ft)
181 - 192 168,560 ($3.44/sq ft)
193 - 204 174,930 ($3.57/sq ft)
If the obligation to pay minimum rental hereunder commences on other than the
first day of a calendar month or if the term of the Lease terminates on other
than the last day of a calendar month, the minimum rental for such month shall
be prorated based on the number of days the minimum rental obligation with
respect to Building 2 is in effect during such month. If an increase in
minimum rental becomes effective on a day other than the first day of a calendar
month, the minimum rental for that month shall be the sum of the two applicable
rates, each prorated for the portion of the month during which such rate is in
effect.
(b) If Tenant properly exercises its right to extend the term of the Lease
pursuant to Section 2.6 thereof, the minimum rental for both Buildings
during the extended term(s) shall be determined in accordance with the procedure
set forth in Sections 3.1(b) and 3.1(c) (if applicable) of the Lease.
(c) The minimum rental amounts specified in this Paragraph 4 are
based upon an estimated area of 49,000 square feet for Building 2. If the
actual area of Building 2 (measured from the exterior faces of exterior walls
and from the dripline of any overhangs, except that in the case of any two-story
recesses or overhangs, the area to the dripline of the overhang shall be counted
as part of the area of the first story but not as part of the area of the second
story), when completed, is greater or less than 49,000 square feet, then the
minimum rental amounts otherwise applicable under this First Amendment with
respect to Building 2 shall be adjusted for each rental period in strict
proportion to the ratio between the actual area of Building 2 (determined
on the basis of measurement described above in this sentence) and the assumed
area of 49,000 square feet. Measurement of building area under this paragraph
shall be made initially by Landlord's architect, subject to review and approval
by Tenant's architect.
(d) The minimum rental amounts specified in Paragraph 4(a) assume
that Landlord will incur, in the form of required payments to the City of South
San Francisco, the Redevelopment Agency of the City of South San Francisco,
and/or the owners and occupants of the parcels constituting the Phase 2
Property in connection with the eminent domain proceedings presently underway
for the acquisition of such parcels (including, but not limited to, any required
payments of compensation for condemned fee or leasehold interests, loss of
goodwill, relocation expenses, attorneys' fees and other compensable items for
which Landlord is responsible under applicable law or under the terms of its
Disposition and Development Agreement with the Redevelopment Agency of the City
of South San Francisco), aggregate acquisition costs of $2,505,000.00 for the
Phase 2 Property. If, upon final completion of all eminent domain
proceedings and all related litigation concerning the acquisition of the
Phase 2 Property, Landlord's aggregate actual acquisition costs for the
Phase 2 Property as described in the preceding sentence exceed
$2,505,000.00, then fifty percent (50%) of the amount of such excess shall
constitute "Excess Acquisition Costs" and Tenant shall pay to
Landlord, as additional monthly rental for Building 2 during each month
beginning on the Phase 2 Rent Commencement Date and continuing throughout
the initial term of the Lease, an amount determined as follows:
(i) During the period from the Phase 2 Rent Commencement Date until
the first anniversary of the Phase 2 Rent Commencement Date, such
additional monthly rental shall be equal to the amount necessary and sufficient
to amortize the Excess Acquisition Costs on a level payment basis over the
period from the Phase 2 Rent Commencement Date until the scheduled
expiration date for the initial Term of the Lease, with an imputed return at the
rate of twelve percent (12%) per annum; and
(ii) During each subsequent one-year period from the first anniversary of
the Phase 2 Rent Commencement Date until the expiration of the initial Term
of the Lease (including, if applicable, any final period of less than one year
between such expiration date and the immediately preceding anniversary of the
Phase 2 Rent Commencement Date), such additional monthly rental shall be
equal to one hundred four percent (104%) of the additional monthly rental in
effect during the immediately preceding one-year period.
Landlord's sole rights with respect to recovering any portion of the Excess
Acquisition Costs shall be through the additional monthly rental payable by
Tenant hereunder and through those remedies available to Landlord under the
Lease or under applicable law for the enforcement of rental obligations in the
event of a default by Tenant under the Lease. To the extent Landlord's
aggregate actual acquisition costs for the Phase 2 Property have not been
finally determined as of the Phase 2 Rent Commencement Date, any rental
adjustment determined to be appropriate under this paragraph upon such final
determination shall be calculated retroactively to the Phase 2 Rent
Commencement Date and the additional rental amounts allocable to the period from
the Phase 2 Rent Commencement Date until the date of such final
determination shall be paid by Tenant to Landlord in a single lump sum within
thirty (30) days after Landlord gives Tenant written notice of such final
determination.
(e) The Monthly Minimum Rental amounts specified in Paragraph 4(a)
above assume a total Cost of Improvements (defined in accordance with
Paragraph 2(c) of the Workletter attached as Exhibit C to the
Lease) of $800,000.00 for the Connector Bridge. To the extent the actual total
Cost of Improvements for the Connector Bridge is greater than $800,000.00, the
excess of such actual total Cost of Improvements over $800,000.00 shall
constitute the "Excess Connector Bridge Cost" and Tenant shall
pay to Landlord, as additional monthly rental for Building 2 during each
month beginning on the Phase 2 Rent Commencement Date and continuing
throughout the initial term of the Lease, an amount determined as follows:
(i) During the period from the Phase 2 Rent Commencement Date until
the first anniversary of the Phase 2 Rent Commencement Date, such
additional monthly rental shall be equal to the amount necessary and sufficient
to amortize the Excess Connector Bridge Cost on a level payment basis over the
period from the Phase 2 Rent Commencement Date until the scheduled
expiration date for the initial Term of the Lease, with an imputed return at the
rate of twelve percent (12%) per annum; and
(ii) During each subsequent one-year period from the first anniversary of
the Phase 2 Rent Commencement Date until the expiration of the initial Term
of the Lease (including, if applicable, any final period of less than one year
between such expiration date and the immediately preceding anniversary of the
Phase 2 Rent Commencement Date), such additional monthly rental shall be
equal to one hundred four percent (104%) of the additional monthly rental in
effect during the immediately preceding one-year period.
Landlord's sole rights with respect to recovering any portion of the Excess
Connector Bridge Cost shall be through the additional monthly rental payable by
Tenant hereunder and through those remedies available to Landlord under the
Lease or under applicable law for the enforcement of rental obligations in the
event of a default by Tenant under the Lease. To the extent Landlord's
aggregate actual Cost of Improvements for the Connector Bridge has not been
finally determined as of the Phase 2 Rent Commencement Date, any rental
adjustment determined to be appropriate under this paragraph upon such final
determination shall be calculated retroactively to the Phase 2 Rent
Commencement Date and the additional rental amounts allocable to the period from
the Phase 2 Rent Commencement Date until the date of such final
determination shall be paid by Tenant to Landlord in a single lump sum within
thirty (30) days after Landlord gives Tenant written notice of such final
determination.
(f) The Tenant Improvements in Building 2 are to be constructed in a
single phase. Thus, the provisions of Sections 3.1(e) and 5.1(a) of the
Lease and related provisions of the Workletter regarding the phasing of Tenant
Improvements in Building 2 will not be applicable.
5. Stock Warrants. Within thirty (30) days after the execution of
this First Amendment, Tenant shall deliver to Landlord or Landlord's designees
(which may be any partners, shareholders or affiliates of Landlord or any
affiliates of any such partners, shareholders or affiliates of Landlord)
warrants registered in the name of Landlord or Landlord's designees for the
acquisition of an aggregate of one hundred five thousand (105,000) shares of
Tenant's common stock, subject to adjustment for reverse stock splits. Such
warrants shall be in form and substance substantially identical to the warrants
issued under Section 4.1 of the Lease in connection with Building 1,
except that (i) the warrants shall be exercisable for a period beginning on
the date of this First Amendment and ending on the fifth (5th)
anniversary of the closing of the initial public offering (if any) of Tenant's
common stock, and (ii) if Tenant completes an initial public offering of
Tenant's common stock within twelve (12) months after the date of this First
Amendment, then the exercise price per share for the warrants shall be equal to
the price per share at which Tenant's initial public offering was consummated,
but if Tenant does not complete such an initial public offering within such 12-
month period, then the exercise price per share for the warrants shall be a
price consistent with the most recent arm's-length financing consummated by
Tenant at the time of execution of this First Amendment.
6. Construction. Subject to Paragraph 4(f) above, the
respective responsibilities of Landlord and Tenant in connection with the
construction of Building 2 and the Tenant Improvements therein and with
respect to the payment of the costs of such construction shall be determined in
accordance with Article 5 of the Lease and in accordance with the
Workletter attached as Exhibit C to the Lease, except that
(i) any references in such provisions to Building 1 and/or the
Phase 1 Property shall be construed (where the context reasonably so
requires) to refer instead to Building 2 and the Phase 2 Property,
(ii) any references in such provisions to Exhibit D or the
Estimated Construction Schedule shall be construed to refer to
Exhibit D attached to this First Amendment, (iii) any
references in such provisions to Common Areas of the Property shall be construed
to refer to Common Areas of the Phase 2 Property as depicted on the Site
Plan attached to this First Amendment as Exhibit B, and
(iv) Landlord's Work relating to Building 2 shall include construction
of the Connector Bridge in accordance with the Approved Plans (provided
that, notwithstanding any other provisions of the Lease or of this First
Amendment, substantial completion of construction of the Connector Bridge or any
portion thereof shall not be considered a condition to Landlord's
issuance of the Structural Completion Certificate for Building 2, but
shall be a condition to Landlord's issuance of the Final Completion
Certificate for Building 2). The parties expressly acknowledge that the
provisions in Paragraph 4(b) of the Workletter relating to the sharing of
costs for the Tenant Improvements (82% to Landlord and 18% to Tenant, up to a
maximum Landlord's obligation of $115.00 per square foot [equivalent to a total
Cost of Improvements of $140.24 per square foot], with any excess to be borne
entirely by Tenant, subject to any other adjustments expressly provided for in
the Workletter) shall be fully applicable to Building 2 on the same basis
as they applied to Building 1.
7. Property. From and after the Phase 2 Rent Commencement
Date, references in the Lease to the Property shall include both the
Phase 1 Property and the Phase 2 Property, unless the context
otherwise clearly requires. Without limiting the generality of the foregoing,
it is the parties' express intention and understanding that from and after the
Phase 2 Rent Commencement Date, Tenant shall be responsible for real and
personal property taxes relating to Building 2 and/or the Phase 2
Property to the extent provided in Article 6 of the Lease. With respect to
Operating Expenses, however, it is Landlord's intention (consistent with the
election reserved to Landlord in Section 7.1(c) of the Lease) to treat the
Phase 2 Property as part of the Britannia Pointe Grand Business Park for
operation, maintenance, common area and Operating Expense purposes, while
operating and accounting for the Phase 1 Property separately from the
balance of the Britannia Pointe Grand Business Park for such purposes. For
purposes of Section 7.3 of the Lease, prior to the Phase 2 Rent
Commencement Date or as soon as reasonably practicable thereafter, Landlord
shall notify Tenant in writing of Tenant's Operating Cost Share for the
Phase 2 Property (determined in accordance with Section 7.1(c) of the
Lease based on inclusion of the Phase 2 Property with the balance of the
Britannia Pointe Grand Business Park but excluding the Phase 1 Property
from such calculation) and shall revise its estimate of Operating Expenses
payable under the Lease to include amounts allocable to the Phase 2
Property, on the basis of that determination of Tenant's Operating Cost Share
and the then applicable estimated expenses for the Britannia Pointe Grand
Business Park, effective as of the Phase 2 Rent Commencement Date. If the
Phase 2 Rent Commencement Date falls on other than the first day of a
month, Tenant's obligation for monthly payment of estimated Operating Expenses
shall be prorated accordingly, and if the Phase 2 Rent Commencement Date
falls on other than the first day of a Lease Year, the proration provisions of
Section 7.5 of the Lease shall apply.
8. Non-Disturbance Agreement. Within thirty (30) days after
Landlord's acquisition of fee title to the Phase 2 Property, Landlord shall
deliver to Tenant a Non-Disturbance Agreement from Slough Estates USA Inc. or
any other mortgagee, trustee, beneficiary, ground lessor or leaseback lessor
then owning or holding a security interest in the Phase 2 Property, which
Non-Disturbance Agreement shall be in form and substance substantially identical
to that heretofore delivered by Landlord to Tenant with respect to the
Phase 1 Property or shall otherwise be in form and substance reasonably
acceptable to Tenant.
9. Security Deposit. In compliance with Section 18.1 of the
Lease, on or before the Phase 2 Rent Commencement Date, Tenant shall
deliver to Landlord an amount equal to the first full month's minimum monthly
rental due with respect to Building 2, as determined under the provisions
of Paragraph 4 of this First Amendment, which amount shall be held by
Landlord as an additional Security Deposit under the Lease.
10. Brokers. Landlord agrees to pay a brokerage commission to
Tenant's broker, Cornish & Carey Commercial, in connection with the
consummation of this First Amendment in accordance with a separate agreement.
Each party represents and warrants that no other broker participated in the
consummation of this First Amendment and agrees to indemnify, defend and hold
the other party harmless against any liability, cost or expense, including,
without limitation, reasonable attorneys' fees, arising out of any claims for
brokerage commissions or other similar compensation in connection with any
conversations, prior negotiations or other dealings by the indemnifying party
with any other broker.
11. Entire Agreement. The Lease, as amended by this First
Amendment and the exhibits hereto, contains all the representations and the
entire understanding between the parties with respect to Building 2, the
Phase 2 Property and the other subject matter of this First Amendment. Any
prior correspondence, memoranda or agreements are replaced in total by this
First Amendment, the exhibits hereto and the Lease as amended hereby.
12. Execution and Delivery. This First Amendment may be executed
in one or more counterparts and by separate parties on separate counterparts,
but each such counterpart shall constitute an original and all such counterparts
together shall constitute one and the same instrument.
13. Full Force and Effect. Except as expressly set forth herein,
the Lease has not been modified or amended and remains in full force and
effect.
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IN WITNESS WHEREOF, the parties hereto have executed this First Amendment as
of the date first set forth above.
"Landlord"
BRITANNIA POINTE GRAND LIMITED PARTNERSHIP, a Delaware limited
partnership
By: BRITANNIA POINTE GRAND, LLC, a California limited liability company,
General Partner
By: ______________________
T. J. Bristow
Its Manager, President and Chief Financial Officer
17035\3008\0011rv1 |
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"Tenant"
EXELIXIS, INC., a Delaware corporation
By: _________________________
George A. Scangos
President and CEO
By: _________________________
Its: _________________________
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EXHIBIT A
REAL PROPERTY DESCRIPTION
The Phase 2 Property (being the same property previously described as
the Phase 2-B Property in the Lease) consists of all that certain real
property in the City of South San Francisco, County of San Mateo, State of
California, more particularly described as follows:
Parcel One (former Wilson/Calpico parcel):
BEGINNING at a point on the Easterly line of that certain 50 foot wide
roadway described in the Deed from Ed Reyburn Guerin and Grace F. Guerin, his
wife, to Ed Rosemont, dated April 16, 1948 and recorded April 21, 1948 in Book
1454 of Official Records of San Mateo County at Page 293 (27142-H), said point
of beginning being distant thereon North 00o 06' 30"
East 203 feet from the Southerly boundary of that certain 15.743 acre tract of
land described in the Deed from Metal and Thermit Corporation, a corporation, to
Grace F. Guerin, dated June 17, 1947 and recorded July 24, 1947 in Book 1352 of
Official Records of San Mateo County at Page 373 (77876-G); thence from said
point of beginning, South 00o 06' 30" West 203 feet
to the aforesaid Southerly boundary line of the 15.743 acre tract of land;
thence along said Southerly boundary line North 89o
55' 28" East 87.12 feet to the Southeasterly corner of said 15.743 acre tract;
thence Northeasterly along the Southeasterly line of said 15.743 acre tract,
North 52o 10' 30" East 258.68 feet and North 33
o 21' 30" East 52 feet; thence leaving the Southeasterly
line of said 15.743 acre tract, Westerly in a direct line 310 feet, more or
less, to the point of beginning.
APN 015-042-050
Parcel Two (former Kaul/Rizzetto parcel):
BEGINNING at a point on the Easterly line of that certain 50 foot wide
roadway described in the Deed from Ed Reyburn Guerin and Grace F. Guerin, his
wife, to Ed Rosemont, dated April 16, 1948 and recorded April 21, 1948 in Book
1454 of Official Records of San Mateo County at Page 293 (27142-H), said point
of beginning being distant thereon North 00o 06' 30"
East 294.00 feet from the Southerly boundary of that certain 15.743 acre tract
of land described in the Deed from Metal and Thermit Corporation, a corporation,
to Grace F. Guerin, dated June 17, 1947 and recorded July 24, 1947 in Book 1352
of Official Records of San Mateo County at Page 373 (77876-G); thence from said
point of beginning, North 89o 52' 30" East 380.00
feet, more or less, to a point on the Easterly line of said 15.743 acre tract
above referred to; thence South 33o 21' 30"
West, along the Easterly line of said 15.743 acre tract, 110.00 feet, more or
less, to the Northerly line of the lands described in the Deed from Grace F.
Guerin to Pacific Coast Builders, a co-partnership, dated October 26, 1954
and recorded October 27, 1954 in Book 2677 of Official Records of San Mateo
County at Page 73 (97326-L); thence along the last mentioned line Westerly
310.00 feet, more or less, to the Easterly line of that 50 foot wide roadway
above mentioned; thence along the last mentioned line, North 00
o 06' 30" East 91.00 feet to the point of beginning.
APN 015-042-070
EXHIBIT D
ESTIMATED CONSTRUCTION SCHEDULE
Estimated schedule is as follows, subject to modification and/or
supplementation by mutual agreement of the parties from time to time during the
course of the work described therein:
Task Date
Indicator Program 3/20/00
Drive indicators 4/03/00
Drive Production 4/24 - 5/12/00
P/C & G/B 5/15 - 5/26/00
Pour P/C & G/B 6/02/00
Structural Steel Start 6/05/00
Structural Steel Complete 6/23/00
Pour 2nd Floor 6/28/00
Pour Roof 6/30/00
Pour 1st Floor (complete) 7/12/00
Exterior Framing 7/17 - 9/08/00
Dryvit (EFIS) 8/07 - 10/06/00
Fire Sprinklers 2nd Floor 7/07 - 7/19/00
Fire Sprinklers 1st Floor 7/19 - 7/28/00
Roofing 7/31 - 8/11/00
Start Tenant Improvements 7/24/00