Exhibit 10.39
LEASE AMENDMENT
DATED: MARCH 3, 2003
BETWEEN: PACIFIC REALTY ASSOCIATES, L.P.,
a Delaware limited partnership LANDLORD
AND: EXELIXIS PLANT SCIENCES, INC.,
a wholly owned subsidiary of Exelixis, Inc.,
a Delaware corporation TENANT
Pacific Realty Associates, L.P., a Delaware limited partnership, as
Landlord, and American Show Management, Inc. as Original Tenant, entered into a
written lease dated October 4, 1995, consisting of approximately 11,059 square
feet of office and warehouse space located in Building C, PacTrust Business
Center, 16160 S.W. Upper Boones Ferry Road, Portland, Oregon 97224. By Lease
Amendment dated June 3, 1996, the Lease was amended. By Assignment and
Modification of Lease, dated November 7, 1997, Original Tenant assigned the
Lease to Agritope, Inc. By Lease Amendment dated September 9, 1999, Agritope,
Inc. leased an additional approximately 6,801 square feet of office and
warehouse space. Agritope, Inc.'s leased area now totals approximately 17,860
total square feet of office and warehouse space (hereinafter referred to as the
"Premises"). By facsimile dated November 5, 2002, Agritope, Inc. notified
Landlord that it had been acquired by Exelixis, Inc. effective December 8, 2000,
and changed its name to Exelixis Plant Sciences, Inc., a wholly owned subsidiary
of Exelixis, Inc. (hereinafter referred to as "Tenant"). Such documents are
hereinafter jointly referred to as "the Lease." The Lease expires February 28,
2003.
Tenant now wishes to extend the term of the Lease.
NOW, THEREFORE, the parties agree as follows:
1. The term of the Lease shall be extended for an additional thirty-six
(36) months commencing March 1, 2003 and continuing through February 28, 2006.
2. Commencing March 1, 2003 and continuing through the extended term,
Tenant shall pay base rent according to the following schedule:
BASE RENT
PERIOD PER MONTH
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March 1, 2003 through February 29, 2004 $16,610.00
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March 1, 2004 through February 28, 2005 $17,146.00
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March 1, 2005 through February 28, 2006 $17,681.00
- --------------------------------------- ----------
3. Except as expressly modified hereby, all terms of the Lease shall remain
in full force and effect and shall continue through the extended term.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the respective dates set opposite their signatures below, but this
Agreement on behalf of such party shall be deemed to have been dated as of the
date first above written.
LANDLORD:
PACIFIC REALTY ASSOCIATES, L.P.,
a Delaware limited partnership
By: PacTrust Realty, Inc.,
a Delaware corporation,
its General Partner
Date: November 14, 2002 By: /s/ Sam K. Briggs
Sam K. Briggs
Vice President
TENANT:
EXELIXIS PLANT SCIENCES, INC.,
a wholly owned subsidiary of Exelixis, Inc.,
a Delaware corporation
Date: November 14, 2002 By: /s/ Matthew G. Kramer
Name: Matthew G. Kramer
Title: General Manager