Exhibit 10.4

 

THIRD AMENDMENT TO LEASE

 

1.            PARTIES

 

1.1           THIS AGREEMENT made the 30th day of September, 2011 is between 101 HUDSON LEASING ASSOCIATES (“Landlord”) whose address is c/o Mack-Cali Realty Corporation, 343 Thornall Street, P.O. 7817, Edison, NJ 08818-7817 and OPTIMER PHARMACEUTICALS, INC. (“Tenant”), whose address is 10110 Sorrento Valley Road, Suite C, San Diego, California 92121.

 

2.            STATEMENT OF FACTS

 

2.1           Landlord and Tenant have previously entered into a Lease Agreement dated February 9, 2011, as amended by a First Amendment to Lease dated May 4, 2011 and a Second Amendment to Lease dated July 5, 2011 (hereinafter collectively referred to as the “Lease”) covering 14,196 gross rentable square feet on the thirty-fifth (35th) floor (“Existing Premises”) in the building located at 101 Hudson Street, Jersey City, New Jersey (“Building”); and

 

2.2           The Term of the Lease expires on June 30, 2016 (“Expiration Date”); and

 

2.3           Tenant desires to expand the Existing Premises by leasing 10,141 gross rentable square feet on the thirty-sixth (36th) floor of the Building (“Expansion Premises”), as shown on Exhibit A attached hereto and made a part hereof; and

 

2.4           The parties desire to extend the Term of the Lease for a period to commence on July 1, 2016; and

 

2.5           The parties desire to amend certain terms of the Lease as set forth below.

 

3.            AGREEMENT

 

NOW, THEREFORE, in consideration of the terms, covenants and conditions hereinafter set forth, Landlord and Tenant agree as follows:

 

3.1           The above recitals are incorporated herein by reference.

 

3.2           All capitalized and non-capitalized terms used in this Agreement which are not separately defined herein but are defined in the Lease shall have the meaning given to any such term in the Lease.

 

3.3           The Term applicable to the Expansion Premises shall commence on the Effective Date (as defined below) and shall terminate at 11:59 p.m. on the last day of the month during which the day prior to the six (6) year and two (2) month anniversary of the Effective Date occurs (the “New Expiration Date”).

 

3.4           The effective date applicable to the Expansion Premises (the “Effective Date”) shall be the earlier of (i) the day Landlord substantially completes the improvements to be made to the Expansion Premises in accordance with Exhibit B attached hereto and made part hereof and Landlord has received all necessary inspection sign-offs to allow Tenant to legally occupy the Expansion Premises or (ii) the date Tenant or anyone claiming under or through Tenant shall occupy the Expansion Premises. The estimated Effective Date is the target substantial completion date shown in the project schedule attached as Exhibit C.

 

3.5           From and after the Effective Date, the following shall be effective:

 

a.             Landlord shall lease to Tenant and Tenant shall hire from Landlord the Expansion Premises as shown on Exhibit A attached hereto and made part hereof.

 

d.             The “Demised Premises”, “demised premises” and “Premises” shall be defined as 24,337 gross rentable square feet consisting of 14,196 gross rentable square feet on the thirty-fifth (35th) floor and 10,141 gross rentable square feet on the thirty-sixth (36th) floor of the Building and the Lease shall be deemed amended accordingly.

 

1











 

c.             In addition to the Basic Annual Rent payable applicable to the Existing Premises, Tenant shall pay Landlord Basic Annual Rent applicable to the Expansion Premises which shall accrue as follows and paragraph (h) of the Reference Page to the Lease shall be deemed amended accordingly:

 

 

	
Term
    	
 
    	
Basic Annual Rate
    	
 
    	
Monthly Installments
    	
 
    	
Annual Per Rentable
   Sq. Ft. Rate
    	
 
    
	
Effective Date through and 06/30/13
    	
 
    	
$
    	
334,653.00
    	
 
    	
$
    	
27,887.75
    	
 
    	
$
    	
33.00
    	
 
    
	
July 1, 2013 - June 30, 2014
    	
 
    	
$
    	
354,935.00
    	
 
    	
$
    	
29,577.92
    	
 
    	
$
    	
35.00
    	
 
    
	
July 1, 2014 - June 30, 2016
    	
 
    	
$
    	
375,217.00
    	
 
    	
$
    	
31,268.08
    	
 
    	
$
    	
37.00
    	
 
    
	
For the remainder of the Term
    	
 
    	
$
    	
385,358.00
    	
 
    	
$
    	
32,113.17
    	
 
    	
$
    	
38.00
    	
 
    


 

Notwithstanding the foregoing, provided that this Lease is in full force and effect and Tenant is not in default beyond any applicable notice and cure period, Tenant shall have no obligation to pay the Monthly Installments of Basic Annual Rent applicable to the Expansion Premises for the first (1st) and second (2nd) full calendar months of the Term applicable to the Expansion Premises. Tenant shall remain liable for the Monthly Installments of Basic Annual Rent with respect to the Existing Premises for such months.

 

If the Effective Date is a day other than the first day of a calendar month, then the Monthly Installment of Basic Annual Rent payable by Tenant for such month shall be prorated at the same rental rate payable for the first (1st) Monthly Installment listed above.

 

d.             Tenant’s Tax Share applicable to the Expansion Premises shall be .84% and paragraph (i) of the Reference Page to the Lease shall be deemed supplemented accordingly. Tenant’s Expense Share applicable to the Expansion Premises shall be .87% and paragraph (k) of the Reference Page to the Lease shall be deemed supplemented accordingly.

 

e.             Tenant shall pay to Landlord as Additional Rent Tenant’s Tax Share and Tenant’s Expense Share applicable to the Expansion Premises of the cost to Landlord for each of the categories set forth in Article 3 Additional Rent of the Lease above the current Base Tax Year and Base Operating Year, as applicable. Tenant shall continue to pay Landlord Tenant’s Tax Share and Tenant’s Expense Share applicable to the Existing Premises of Taxes and Operating Expenses pursuant to Article 3 of the Lease.

 

f.              Tenant’s Electricity Share for the Expansion Premises shall be deemed to be 33% and Paragraph (q) of the Reference Page to the Lease shall be deemed supplemented accordingly and Tenant shall pay its Electric Share applicable to the Expansion Premises in accordance with Article 4 Electricity of the Lease. Tenant’s Electricity Share for the Existing Premises shall remain unchanged and Tenant shall pay the cost of electricity consumed within the demised premises in accordance with Article 4 Electricity of the Lease.

 

g.             Tenant’s Chilled Water Share for the Expansion Premises shall be deemed to be 33% and Paragraph (u) of the Reference Page to the Lease shall be deemed supplemented accordingly and Tenant shall pay its Chilled Water Share applicable to the Expansion Premises in accordance with Article 21 Services and Equipment of the Lease. Tenant’s Chilled Water Share for the Existing Premises shall remain unchanged and Tenant shall pay the cost of chilled water consumed within the demised premises in accordance with Article 21 Services and Equipment of the Lease.

 

h.             The number of Tenant’s Vehicles shall be increased to sixteen (16) and Paragraph (o) of the Reference Page to the Lease shall be deemed amended accordingly.

 

2












 

	
3.6
    	
The   Term applicable to the Existing Premises shall be extended for a period   commencing on July 1, 2016 and expiring at 11:59 p.m. on the New   Expiration Date (“Extension Term”) and paragraphs (f) and (g) of   the Reference Page to the Lease shall be deemed amended accordingly.
    
	
 
    	
 
    
	
3.7
    	
Landlord   hereby leases to Tenant and Tenant hereby hires from Landlord the Existing   Premises in its “AS-IS” condition for the Extension Term, as defined herein,   under the terms and conditions set forth herein. Landlord shall have no   obligation to perform any tenant improvement work in the Existing Premises   except as referenced to in Exhibit B of this Third Amendment.
    
	
 
    	
 
    
	
3.8
    	
Commencing   on July 1, 2016, the following shall be effective:
    


 

	
a.
    	
The   Basic Annual Rent applicable to the Existing Premises shall be as follows and   paragraph (h) of the Reference Page to the Lease shall be deemed   amended accordingly:
    


 

	
Term
    	
 
    	
Basic Annual Rent
    	
 
    	
Monthly
   Installments
    	
 
    	
Annual
   Rentable
   Rate
    	
 
    	
Sq.
    	
 
    	
Per
   Ft.
    	
 
    
	
July 1, 2016 — New Expiration Date
    	
 
    	
$
    	
539,448.00
    	
 
    	
$
    	
44,954.00
    	
 
    	
$
    	
38.00
    	
 
    	
 
    	
 
    	
 
    	
 
    
															


 

	
b.
    	
Tenant   shall continue to pay Landlord Tenant’s Tax Share and Tenant’s Expense Share   applicable to the Existing Premises of Taxes and Operating Expenses pursuant   to Article 3 Additional Rent of the Lease.
    
	
 
    	
 
    
	
c.
    	
Tenant   shall continue to pay Landlord Tenant’s Electric Share of electricity   consumed within the Existing Premises in accordance with Article 4 Electricity   of the Lease.
    
	
 
    	
 
    
	
d.
    	
Tenant   shall continue to Landlord Tenant’s Chilled Water Share chilled water consumed   within the Existing Premises in accordance with Article 21 Services   and Equipment of the Lease.
    


 

	
3.9
    	
Article 45   of the Lease shall remain in full force and effect and shall apply to both   the Existing Premises and Expansion Premises. Tenant shall have no right to   exercise such Option to Renew with respect to the Existing Premises or   Expansion Premises separately.
    
	
 
    	
 
    
	
3.10
    	
No   later than thirty (30) days after the determination of the Effective Date,   the parties shall agree to memorialize the Effective Date in writing.
    
	
 
    	
 
    
	
3.11
    	
Tenant   and Landlord each represent and warrant to the other that no broker brought   about this transaction, except Cushman & Wakefield of New   Jersey, Inc., and the parties agree to indemnify and hold each other   harmless from any and all claims of any other broker other than Tenant’s   Broker arising out of or in connection with negotiations of, or entering into   of, this Agreement.
    
	
 
    	
 
    
	
3.12
    	
Tenant   agrees not to disclose the terms, covenants, conditions or other facts with   respect to this Agreement, including the Basic Annual Rent and Additional   Rent, to any person, corporation, partnership, association, newspaper,   periodical or other entity, except to Tenant’s employees, accountants or   attorneys (who shall also be required to keep the terms of this Agreement   confidential) or as required by law. This non-disclosure and confidentiality   agreement will be binding upon Tenant without limitation as to time, and a   breach of this paragraph will constitute a material breach under this   Agreement and the Lease. In addition, Tenant’s employees,   contractors, etc. shall keep any of the terms and conditions of this   Agreement, including any billing statements and/or any backup supporting   those statements, confidential.
    
	
 
    	
 
    
	
3.13
    	
Tenant   hereby represents to Landlord that to its knowledge (i) there exists no   default under the Lease either by Landlord or Tenant; (ii) Tenant is   entitled to no credit, free rent, other than the two (2) month Tenant is   entitled to under this Third Amendment or other offset or abatement of the   rents due under the Lease; and (iii) currently there exists no offset,   defense or counterclaim to Tenant’s obligation under the Lease.
    


3











 

	
3.14
    	
Except   as expressly amended herein, the Lease dated February 9, 2011, as   amended herein, shall remain in full force and effect as if the same had been   set forth in full herein, and Landlord and Tenant hereby ratify and confirm   all of the terms and conditions thereof.
    
	
 
    	
 
    
	
3.15
    	
This   agreement shall be binding upon and inure to the benefit of the parties   hereto and their respective legal representatives, successors and permitted   assigns.
    
	
 
    	
 
    
	
3.16
    	
Each   party agrees that it will not raise or assert as a defense to any obligation   under the Lease or this Agreement or make any claim that the Lease or this   Agreement is invalid or unenforceable due to any failure of this document to   comply with ministerial requirements including, but not limited to,   requirements for corporate seals, attestations, witnesses, notarizations, or   other similar requirements, and each party hereby waives the right to assert   any such defense or make any claim of invalidity or unenforceability due to   any of the foregoing.
    


 

This Agreement may be executed in multiple counterparts, each of which, when assembled to include an original signature for each party contemplated to sign this Agreement, will constitute a complete and fully executed original. All such fully executed counterparts will collectively constitute a single agreement. Tenant expressly agrees that if the signature of Landlord and/or Tenant on this Agreement is not an original, but is a digital, mechanical or electronic reproduction (such as, but not limited to, a photocopy, fax, e-mail, PDF, Adobe image, JPEG, telegram, telex or telecopy), then such digital, mechanical or electronic reproduction shall be as enforceable, valid and binding as, and the legal equivalent to, an authentic and traditional ink-on-paper original wet signature penned manually by its signatory.

 

IN WITNESS WHEREOF, Landlord and Tenant have hereunto set their hands and seals the date and year first above written, and acknowledge one to the other that they possess the requisite authority to enter into this transaction and to sign this Agreement.

 

LANDLORD:

 

	
101   HUDSON LEASING ASSOCIATES
    
	
By:   
    	
MC   Hudson Holding L.L.C., general partner
    
	
 
    	
By:   
    	
Mack-Cali   Realty, L.P., sole member
    
	
 
    	
By:   
    	
Mack-Cali   Realty Corporation, general partner
    
	
 
    
	
 
    	
By:   
    	
/s/   Christopher M. DeLorenzo
    	
 
    
	
 
    	
 
    	
Christopher   M. DeLorenzo
    
	
 
    	
 
    	
Vice   President of Leasing
    
	
 
    	

    
	
 
    
	
TENANT:
    
	
 
    
	
OPTIMER   PHARMACEUTICALS, INC.
    
	
 
    
	
By:
    	
/s/   John Prunty
    	
 
    
	
 
    	
Name:
    	
John   Prunty
    	
 
    
	
 
    	
(please print)
    	
 
    
	
 
    	
Title:
    	
Chief   Financial Officer
    	
 
    
	
 
    	
(please print)
    	
 
    
									


 

4












 



 











 

EXHIBIT B

 

LANDLORD’S WORK

 

NOTES

 

RE: Workletter Agreement for office space on the 36th floor at 101 Hudson Street, Jersey City, New Jersey.

 

September 30, 2011

 

TENANT:

 

OPTIMER PHARMACEUTICALS, INC.

 

You (“Tenant”) and we (“Landlord”) are executing a written lease amendment (“Amendment”), covering the space referred to above, as more particularly described in the Amendment (“Premises”).

 

With respect to the construction work being conducted in or about the Expansion Premises, each party agrees to be bound by the approval and actions of their respective construction representatives. Unless changed by written notification, the parties hereby designate the following individuals as their respective construction representatives:

 

	
FOR LANDLORD:
    	
 
    	
FOR TENANT:
    
	
 
    	
 
    	
 
    
	
 
    	
 
    	
 
    
	
c/o Mack-Cali Realty Corporation
    	
 
    	
 
    
	
 
    	
 
    	
 
    
	
 
    	
 
    	
 
    


 

To induce Tenant to enter into the Agreement (which together with the Lease are hereby incorporated by reference) and in consideration of the covenants hereinafter contained, Landlord and Tenant mutually agree as follows:

 

1.                         Landlord, at its sole cost and expense, shall have its architect prepare the following architectural and mechanical drawings and specifications based upon the sketch layout supplied to Landlord by Tenant, attached hereto and made a part hereof, upon full execution of this Lease.

 

a.                             Architectural drawings and specifications for Tenant’s partition layout, reflected ceiling, placement of electrical outlets and other installations for the work to be done by Landlord.

 

b.                            Mechanical plans and specifications where necessary for installation of air conditioning systems, ductwork and heating.

 

All such plans and specifications are expressly subject to Landlord’s written approval, which Landlord covenants it will not unreasonably withhold.

 

2.                         Landlord agrees to cause the partition plan, electrical plan, HVAC zoning plan and the reflected ceiling plan to be delivered to Tenant on or before the fifteenth (15th) day after Tenant’s approved sketch layout. Tenant agrees to approve said plans by initialing and returning same to Landlord within five (5) business days of receipt of each plan. Upon approval of the plans initialed by Tenant, Landlord shall file said plans with the appropriate governmental agencies.

 

3.                         Landlord agrees, at its sole cost and expense and without charge to Tenant (unless otherwise provided), to do the work in the Expansion Premises as shown on the plans attached hereto and described on the “Description of Materials” schedule attached hereto which shall hereinafter be referred to as “The Work”. The Work shall include any and all costs to install necessary public corridors and demising walls as necessary and as shown in Exhibit A Floor Plan. The Work shall include Landlord’s general conditions and overhead amounts indicated

 

1











 

on the Description of Materials. “Building Standard” shall mean the type and grade of material, equipment and/or device designated by Landlord as standard for the Building. All items are Building Standard unless otherwise noted. The provisions of Article 6 of the Lease shall apply to any alterations made to the Expansion Premises after the initial work to be performed herein. Landlord shall deliver the Expansion Premises to Tenant on the Effective Date with all building systems servicing the Expansion Premises in proper working order. Landlord shall warranty that the Work be free of defects for a period of one (1) year from the Effective Date, except to the extent any portion of the Work is damaged or becomes defective as a result of any misuse or neglect by Tenant.

 

4.                             Intentionally omitted.

 

5.                             All low partitioning, workstation modules, bank screen partitions and prefabricated partition systems shall be furnished and installed by Tenant.

 

6.                             The installation or wiring of telephone and computer (data) outlets is not part of The Work. Tenant shall bear the responsibility to provide its own telephone and data systems at Tenant’s sole cost and expense. Upon expiration or sooner termination of the Lease, Tenant shall remove all telephone and data equipment from the Expansion Premises upon vacation of same. Notwithstanding the foregoing, Tenant shall not be required to remove any of its wiring at the expiration or earlier termination of the Lease.

 

7.                             Changes in The Work, if necessary or requested by the Tenant, shall be accomplished after submission of Tenant’s final approved sketch layout, , by written agreement between Landlord and Tenant hereinafter referred to as a Change Order and without invalidating any part of the Lease or Workletter Agreement. Each Change Order shall be prepared by Landlord and signed by both Tenant and Landlord stating their agreement upon all of the following:

 

a.                                       The scope of the change in The Work; and

 

b.                                      The cost of the change; and

 

c.                                       Manner in which the cost will be paid or credited; and

 

d.                                      The estimated extent of any adjustment to the Effective Date (if any) as a result of the change in The Work.

 

Each and every Change Order shall be signed by Landlord’s and Tenant’s respective construction representatives. In no event shall any Change Order(s) be permitted without such authorizations. A 7.5% supervision plus 7.5% overhead charge will be added to the cost of any Change Order and to the cost of any other work to be performed by Landlord in the Expansion Premises after Landlord’s completion of The Work. If Tenant shall fail to approve any such Change Order within one (1) week, the same shall be deemed disapproved in all respects by Tenant and Landlord shall not be authorized to proceed thereon. Any increase in the cost of The Work or the change in The Work stated in a Change Order which results from Tenant’s failure to timely approve and return said Change Order shall be paid by the Tenant. Tenant agrees to pay to Landlord the cost of any Change Order promptly upon receipt of an invoice for same.

 

8.                             If Tenant elects to use the architect suggested by Landlord, this architect becomes the Tenant’s agent solely with respect to the plans, specifications and The Work. If any change is made after completion of schematic drawings and prior to completion of final construction documents which result in a Change Order and additional costs, such costs shall be the responsibility of the Tenant.

 

9.                             Ten (10) business days prior to Tenant’s occupancy of the Expansion Premises, Tenant shall be provided the opportunity by Landlord to identify and list any portion of The Work which does not conform to this Workletter Agreement (“Punch List”). The Landlord shall review with the Tenant all of the items so listed and correct or complete any portion of The Work which fails to conform to the requirements of this Workletter Agreement.

 

2











 

10.                   The terms contained in the Agreement (which include all exhibits attached thereto) constitute Landlord’s agreement with Tenant with respect to the work to be performed by Landlord on Tenant’s behalf. If the architectural drawings are in conflict with the terms of the Agreement, then the Lease shall be deemed the controlling document.

 

11.                   All materials and installations constructed for the Tenant within the Expansion Premises shall become the property of the Landlord upon installation. No refund, credit or removal of said items is to be permitted at the termination of the Lease. Items installed that are not integrated in any such way with other common building materials do not fall under this provision (e.g. shelving, furniture, etc.).

 

12.                   It is agreed that notwithstanding the date provided in the Lease for the Effective Date, the term applicable to the Expansion Premises shall not commence until Landlord has “substantially completed” all work to be performed by Landlord in the Expansion Premises as hereinbefore set forth in Paragraph 3 above and as set forth in the Amendment; provided, however, that if Landlord shall be delayed in substantially completing said work as a result of:

 

a.                          Tenant’s failure to approve the plans and specifications in accordance with Paragraph 2 hereof; or

 

b.                         Tenant’s failure to furnish interior finish specifications, i.e., paint colors, carpet selection, etc., to Landlord by the fifth (5th) working day after Landlord has approved the plans and specifications submitted by Tenant referred to in Paragraph 2 hereof; or

 

c.                          Tenant’s request for materials, finishes or installations other than Landlord’s Building Standard; or

 

d.                         Tenant’s changes in The Work; or

 

e.                          The performance of a person, firm, partnership or corporation employed by Tenant and the completion of the said work by said person, firm, partnership or corporation;

 

then the Effective Date of the term of said Lease shall be accelerated by the number of days of such delay and Tenant’s obligation to pay Basic Annual Rent and Additional Rent shall commence as of such earlier date.

 

13.                   Landlord shall permit Tenant and its agents to enter the Expansion Premises at least two (2) weeks prior to the Effective Date in order that Tenant may perform through its own non-union contractors (or union contractor if required by Landlord) such other work and decorations as Tenant may desire at the same time Landlord’s contractors are working in the Expansion Premises. The foregoing license to enter prior to the Effective Date, however, is conditioned upon:

 

a.                          Tenant’s workmen and mechanics working in harmony and not interfering with the labor employed by Landlord, Landlord’s mechanics or contractors or by any other Tenant or its mechanics or contractors; and

 

b.                         Tenant providing Landlord with evidence of Tenant’s contractors and subcontractors carrying such worker’s compensation, general liability, personal and property insurance as required by law and in amounts no less than the amounts set forth in Article 9 of the Lease. If at any time such entry shall cause disharmony or interference therewith, this license may be withdrawn by Landlord upon forty-eight (48) hours written notice to Tenant. Such entry shall be deemed controlled by all of the terms, covenants, provisions and conditions of said Lease, except as to the covenant to pay Basic Annual Rent and Additional Rent. Except in the event of Landlord, its agents or employees gross negligence or intentional misconduct, Landlord shall not be liable in any way for any injury, loss or damage which may occur to any of Tenant’s decorations or installations so made prior to the Effective Date, the same being solely at Tenant’s risk.

 

3











 

14.                     No part of the Expansion Premises shall be deemed unavailable for occupancy by the Tenant, nor shall any work which the Landlord is obligated to perform in such part of the Expansion Premises be deemed incomplete for the purpose of any adjustment of Basic Annual Rent payable hereunder, solely due to the non-completion of details of construction, decoration or mechanical adjustments which are minor in character and the non-completion of which does not materially interfere with the Tenant’s beneficial use and occupancy of such part of the Expansion Premises.

 

15.                     Tenant is responsible for all costs related to the repairs and maintenance of any additional or supplemental HVAC systems, appliances and equipment installed to meet Tenant’s specific requirements. Tenant shall purchase a service contract for this equipment so that the equipment is covered by such service contract each year of the term of the Lease and shall forward a copy of such contract to Landlord.

 

16.                     If construction is to occur in a space occupied by Tenant’s employees, Tenant shall be liable for all costs associated with a delay if Tenant shall fail to comply with a submitted construction schedule to relocate personnel, furniture, or equipment. Tenant shall relocate such personnel, furniture and equipment at its sole cost and expense. In the event Tenant fails to comply with a submitted construction schedule following notice thereof by Landlord, and to the extent. Landlord’s contractors are delayed as a result thereof, Tenant shall be responsible for the costs, which shall include, but not be limited to the following:

 

a.                           reasonable and actual cost of construction workers time wasted (upon reasonable evidence thereof); and

 

b.                          reasonable and actual cost of any overtime work necessary to meet schedule deadlines; and

 

17.                     This workletter is based on the quantities and specifications listed herein. Any change to these specifications shall require the recalculation of the construction costs. Such recalculation shall not negate any other section of this Lease.

 

18.                     All sums payable by Tenant to Landlord in connection with this Exhibit B and any other work to be performed by Landlord within the Expansion Premises and billable to Tenant shall be deemed Additional Rent.

 

-END-

 

4












 

EXHIBIT B

09/26/11

	
8/22/2011 rev 9/8/11 rev 9/23/11
    	
 
    	
 
    	
Drwg. Date
    


 

Worldetter Agreement between Lessor/Landlord and Lessee/Tenant for the construction of the Premises in the Building. The costs for the work stated below are based upon the Description of Materials attached which enumerates the materials and quantities estimated for the Work.

 

	
Lessee/Tenant
    	
Optimer Pharmaceuticals
    	
 
    	
Type
    	
OFFICE SPACE
    
	
Lessor/Landlord.
    	
101 Hudson Leasing Associates LLC
    	
 
    	
Premises (RSF)
    	
10,141
    
	
Building
    	
101 Hudson Street, Jersey City, NJ
    	
 
    	
Floor
    	
36
    


 

	
DIVISION
    	
 
    	
GL#
    	
 
    	
DESCRIPTION
    	
 
    	
BUDGET
    	
 
    	
COST
   PER RSF
    	
 
    
	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    
	
1.0
    	
 
    	
5502
    	
 
    	
DESIGN COSTS
    	
 
    	
$
    	
350.00
    	
 
    	
$
    	
0.03
    	
 
    
	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    
	
1.0
    	
 
    	
5510
    	
 
    	
GEN. REQ.
    	
 
    	
$
    	
39,366.60
    	
 
    	
$
    	
3.88
    	
 
    
	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    
	
1.5
    	
 
    	
5515
    	
 
    	
CASH CONTRIBUTION
    	
 
    	
$
    	
—
    	
 
    	
$
    	
—
    	
 
    
	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    
	
1.0
    	
 
    	
5524
    	
 
    	
MISCELLANEOUS
    	
 
    	
$
    	
9,490.50
    	
 
    	
$
    	
0.94
    	
 
    
	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    
	
2.0
    	
 
    	
5505
    	
 
    	
DEMOLITION
    	
 
    	
$
    	
26,917.00
    	
 
    	
$
    	
2.65
    	
 
    
	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    
	
6.0
    	
 
    	
5561
    	
 
    	
MILLWORK
    	
 
    	
$
    	
10,400.00
    	
 
    	
$
    	
1.03
    	
 
    
	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    
	
8.1
    	
 
    	
5540
    	
 
    	
DOORS & HARDWARE
    	
 
    	
$
    	
10,980.00
    	
 
    	
$
    	
1.08
    	
 
    
	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    
	
8.4
    	
 
    	
5570
    	
 
    	
ALUMINUM, GLASS & GLAZING
    	
 
    	
$
    	
10,750.00
    	
 
    	
$
    	
1.06
    	
 
    
	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    
	
9.3
    	
 
    	
5530
    	
 
    	
PARTITIONS
    	
 
    	
$
    	
21,275.00
    	
 
    	
$
    	
2.10
    	
 
    
	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    
	
9.5
    	
 
    	
5542
    	
 
    	
ACOUSTICAL CEILINGS
    	
 
    	
$
    	
38,250.00
    	
 
    	
$
    	
3.77
    	
 
    
	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    
	
9.7
    	
 
    	
5565
    	
 
    	
PAINTING & VINYL WALL COVERING
    	
 
    	
$
    	
10,390.00
    	
 
    	
$
    	
1.02
    	
 
    
	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    
	
9.9
    	
 
    	
5564
    	
 
    	
FLOORING & CARPET
    	
 
    	
$
    	
24,380.00
    	
 
    	
$
    	
2.40
    	
 
    
	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    
	
15.3
    	
 
    	
5574
    	
 
    	
FIRE SUPPRESSION
    	
 
    	
$
    	
17,000.00
    	
 
    	
$
    	
1.68
    	
 
    
	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    
	
15.4
    	
 
    	
5532
    	
 
    	
PLUMBING
    	
 
    	
$
    	
5,160.00
    	
 
    	
$
    	
0.51
    	
 
    
	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    
	
15.5
    	
 
    	
5535
    	
 
    	
HVAC
    	
 
    	
$
    	
43,737.75
    	
 
    	
$
    	
4.31
    	
 
    
	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    
	
16.0
    	
 
    	
5533
    	
 
    	
ELECTRICAL
    	
 
    	
$
    	
64,513.15
    	
 
    	
$
    	
6.36
    	
 
    
	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    
	
 
    	
 
    	
5572
    	
 
    	
FIRE ALARM
    	
 
    	
$
    	
7,500.00
    	
 
    	
$
    	
0.74
    	
 
    
	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    
	
 
    	
 
    	
 
    	
 
    	
Subtotal
    	
 
    	
$
    	
340,460.00
    	
 
    	
$
    	
33.57
    	
 
    
	
 
    	
 
    	
 
    	
 
    	
5% Contingency
    	
 
    	
$
    	
17,023.00
    	
 
    	
$
    	
1.68
    	
 
    
	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    
	
 
    	
 
    	
 
    	
 
    	
SUBTOTAL
    	
 
    	
$
    	
357,483.00
    	
 
    	
$
    	
35.25
    	
 
    
	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    
	
 
    	
 
    	
 
    	
 
    	
5% Overhead
    	
 
    	
$
    	
17,874.15
    	
 
    	
$
    	
1.76
    	
 
    
	
 
    	
 
    	
 
    	
 
    	
Total Cost
    	
 
    	
$
    	
375,357.15
    	
 
    	
$
    	
37.01
    	
 
    


 

DESCRIPTION OF MATERIALS

 

	
DESIGN COSTS - 5502
    	
 
    	
Units
    	
 
    	
Quantity
    	
 
    
	
 
    	
Architect
    	
 
    	
SF
    	
 
    	
0
    	
 
    
	
 
    	
Structural Engineer
    	
 
    	
HR
    	
 
    	
0
    	
 
    
	
 
    	
Fire Inspection
    	
 
    	
EA
    	
 
    	
0
    	
 
    
	
 
    	
Printing Costs
    	
 
    	
EA
    	
 
    	
100
    	
 
    
	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    
	
GENERAL REQUIREMENTS - 5510
    	
 
    	
Units
    	
 
    	
Quantity
    	
 
    
	
*
    	
Fire extinguishers 10 # ABC dry chemical
    	
 
    	
EA
    	
 
    	
0
    	
 
    
	
 
    	
Dumpsters
    	
 
    	
EA
    	
 
    	
6
    	
 
    
	
 
    	
Permits, inspections, and   Certificate of Occupancy
    	
 
    	
SF
    	
 
    	
10,141
    	
 
    
	
 
    	
Expeditor
    	
 
    	
Allowance
    	
 
    	
1
    	
 
    
	
 
    	
Contingency
    	
 
    	
SF
    	
 
    	
10,141
    	
 
    
	
 
    	
Fire Inspection
    	
 
    	
EA
    	
 
    	
0
    	
 
    
	
 
    	
Temp. Services and Protection
    	
 
    	
SF
    	
 
    	
10,141
    	
 
    
	
 
    	
Construction Clean up
    	
 
    	
SF
    	
 
    	
10,141
    	
 
    
	
 
    	
Final Clean up, windows, floors
    	
 
    	
SF
    	
 
    	
10,141
    	
 
    
	
 
    	
Directory Signs
    	
 
    	
LS
    	
 
    	
0
    	
 
    


 

1












 

EXHIBIT B

 

09/26/11

 

	
CASH CONTRIBUTION - 5515
    	
 
    	
 
    	
 
    	
 
    	
 
    
	
 
    	
Cash payment to Lessee for T.I. allowance
    	
 
    	
SF
    	
 
    	
0
    	
 
    
	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    
	
MISCELLANEOUS - 5524
    	
 
    	
Units
    	
 
    	
Quantity
    	
 
    
	
*
    	
Clean   and patch window blinds
    	
 
    	
EA
    	
 
    	
48
    	
 
    
	
 
    	
Provide   and install new window blinds
    	
 
    	
EA
    	
 
    	
0
    	
 
    
	
 
    	
Patch   Fireproofing
    	
 
    	
SF
    	
 
    	
10,141
    	
 
    
	
*
    	
Patch Finishes in   corridor at new entrance
    	
 
    	
EA
    	
 
    	
1
    	
 
    
	
 
    	
Tactile Signage
    	
 
    	
EA
    	
 
    	
0
    	
 
    
	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    
	
DEMOLITION - 5505
    	
 
    	
Units
    	
 
    	
Quantity
    	
 
    
	
 
    	
Remove flooring
    	
 
    	
SF
    	
 
    	
9000
    	
 
    
	
 
    	
Remove doors or   sidelites
    	
 
    	
EA
    	
 
    	
14
    	
 
    
	
 
    	
Remove film from   glass door and sidelite
    	
 
    	
EA
    	
 
    	
1
    	
 
    
	
 
    	
Remove Partitions
    	
 
    	
LF
    	
 
    	
304
    	
 
    
	
 
    	
Remove Ceiling Tile   Only
    	
 
    	
SF
    	
 
    	
0
    	
 
    
	
 
    	
Remove Ceiling Tile   and Grid
    	
 
    	
SF
    	
 
    	
9000
    	
 
    
	
 
    	
Mechanical Room   demolition
    	
 
    	
LS
    	
 
    	
1
    	
 
    
	
 
    	
Remove millwork
    	
 
    	
LF
    	
 
    	
50
    	
 
    
	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    
	
CABINETS & MILLWORK   - 5561
    	
 
    	
Units
    	
 
    	
Quantity
    	
 
    
	
*
    	
Base cabinets with   Formica top
    	
 
    	
LF
    	
 
    	
16
    	
 
    
	
*
    	
Upper cabinets
    	
 
    	
LF
    	
 
    	
16
    	
 
    
	
*
    	
Counter top with   undercounter supports
    	
 
    	
LF
    	
 
    	
0
    	
 
    
	
*
    	
Five shelf storage   closet 5’ wide
    	
 
    	
LF
    	
 
    	
0
    	
 
    
	
*
    	
Wood frame for 2’x7’ sidelight
    	
 
    	
EA
    	
 
    	
0
    	
 
    
	
*
    	
Wood frame for wood   door
    	
 
    	
EA
    	
 
    	
0
    	
 
    
	
*
    	
Counter top on file cabinets
    	
 
    	
LF
    	
 
    	
0
    	
 
    
	
*
    	
4” high oak wall base
    	
 
    	
LF
    	
 
    	
0
    	
 
    
	
 
    	
Closet Shelf and Rod
    	
 
    	
LF
    	
 
    	
0
    	
 
    
	
*
    	
Chair Rail
    	
 
    	
LF
    	
 
    	
0
    	
 
    
	
 
    	
Crown Molding
    	
 
    	
LF
    	
 
    	
0
    	
 
    
	
*
    	
Corian Counter top
    	
 
    	
LF
    	
 
    	
0
    	
 
    
	
 
    	
Stone Counter Top
    	
 
    	
LF
    	
 
    	
0
    	
 
    
	
 
    	
Vanity counter tops
    	
 
    	
LF
    	
 
    	
 
    	
 
    
	
 
    	
Overtime Allowance
    	
 
    	
Allowance
    	
 
    	
0
    	
 
    
	
 
    	
Furnish and install motorized projection screen
    	
 
    	
EA
    	
 
    	
0
    	
 
    
	
*
    	
File room adjustable shelves
    	
 
    	
LF
    	
 
    	
0
    	
 
    
	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    
	
DOORS, BUCKS, HARDWARE - 5540
    	
 
    	
Units
    	
 
    	
Quantity
    	
 
    
	
*
    	
Secondary entrance   door 3’0” x         , 1 hour   fire rating.
    	
 
    	
EA
    	
 
    	
0
    	
 
    
	
*
    	
Interior doors 3’0”   x7’0” xl 3/4” SC stain grade HMB
    	
 
    	
EA
    	
 
    	
9
    	
 
    
	
*
    	
Pair Interior doors   3’0” x 7’0” x l 3/4” SC stain grade HMB sliding closet doors
    	
 
    	
EA
    	
 
    	
0
    	
 
    
	
 
    	
Full height   interior SC 3’ wide door HMB
    	
 
    	
EA
    	
 
    	
0
    	
 
    
	
 
    	
Pair interior doors   3’ wide SC HMB
    	
 
    	
EA
    	
 
    	
0
    	
 
    
	
*
    	
ADA Lockset
    	
 
    	
EA
    	
 
    	
0
    	
 
    
	
*
    	
ADA Passage/latch   set
    	
 
    	
EA
    	
 
    	
0
    	
 
    
	
*
    	
Exit bar on   secondary entrance door
    	
 
    	
EA
    	
 
    	
0
    	
 
    
	
*
    	
Key locks
    	
 
    	
EA
    	
 
    	
0
    	
 
    
	
*
    	
Door closers
    	
 
    	
EA
    	
 
    	
0
    	
 
    
	
*
    	
Door stops
    	
 
    	
EA
    	
 
    	
9
    	
 
    
	
*
    	
Re-install existing   doors
    	
 
    	
EA
    	
 
    	
0
    	
 
    
	
*
    	
Coat hook
    	
 
    	
EA
    	
 
    	
0
    	
 
    
	
*
    	
3’x7’0” wood door   with hollow metal sidelite frame
    	
 
    	
EA
    	
 
    	
0
    	
 
    
	
*
    	
Full height pair of   doors with HM frame
    	
 
    	
EA
    	
 
    	
0
    	
 
    
	
*
    	
Full height bifold   doors and frame
    	
 
    	
EA
    	
 
    	
0
    	
 
    
	
*
    	
7, high sliding wood   doors and frame
    	
 
    	
EA
    	
 
    	
0
    	
 
    
	
*
    	
Folding partition   including installation and steel
    	
 
    	
SF
    	
 
    	
0
    	
 
    
	
*
    	
Wood door with wood   sidelite frame
    	
 
    	
EA
    	
 
    	
0
    	
 
    
	
*
    	
Wood entrance doors   and wood frame full height
    	
 
    	
EA
    	
 
    	
0
    	
 
    
	
 
    	
Replace exterior HM   door and frame
    	
 
    	
EA
    	
 
    	
0
    	
 
    
	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    
	
ALUMINUM, GLASS & GLAZING - 5570
    	
 
    	
Units
    	
 
    	
Quantity
    	
 
    
	
*
    	
Pair of Herculite   doors
    	
 
    	
EA
    	
 
    	
1
    	
 
    
	
*
    	
Single Herculite   door
    	
 
    	
EA
    	
 
    	
0
    	
 
    
	
*
    	
Pair of aluminum   and glass doors
    	
 
    	
EA
    	
 
    	
0
    	
 
    
	
*
    	
Single aluminum and   glass door
    	
 
    	
EA
    	
 
    	
0
    	
 
    
	
*
    	
Butt glazed glass   sidelite 3’ wide
    	
 
    	
EA
    	
 
    	
0
    	
 
    
	
*
    	
Aluminum and glass   sidelight 2’ wide
    	
 
    	
EA
    	
 
    	
5
    	
 
    
	
 
    	
3/8” tinted glass   butt glazed
    	
 
    	
SF
    	
 
    	
0
    	
 
    
	
*
    	
Butt glazed   partition 1/2” glass
    	
 
    	
LF
    	
 
    	
0
    	
 
    
	
 
    	
One way mirrors
    	
 
    	
SF
    	
 
    	
0
    	
 
    
	
 
    	
Alur partition   system all glass
    	
 
    	
LF
    	
 
    	
0
    	
 
    
	
*
    	
Construct aluminum   railing on new ramp
    	
 
    	
LF
    	
 
    	
0
    	
 
    
	
*
    	
2’ wide glass   sidelite in HM frame by others
    	
 
    	
EA
    	
 
    	
0
    	
 
    
	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    
	
PARTITIONS - 5530
    	
 
    	
Units
    	
 
    	
Quantity
    	
 
    
	
*
    	
21/2” metal studs   24” OC; 5/8” fire rated gypsum board to U/S Slab (with SAB)
    	
 
    	
LF
    	
 
    	
60
    	
 
    
	
*
    	
2 1/2” metal studs   24” OC; 5/8” gypsum board to U/S Ceiling (with SAB)
    	
 
    	
LF
    	
 
    	
0
    	
 
    


 

2











 

	
*
    	
2 1/2” metal studs   24” OC; 5/8” gypsum board to U/S Ceiling (w/ No SAB)
    	
 
    	
LF
    	
 
    	
148
    	
 
    
	
*
    	
18 ga metal studs 16”   OC; 5/8” fire rated gypsum board each side; 25’ high demise wall (w/o SAB).
    	
 
    	
LF
    	
 
    	
0
    	
 
    
	
*
    	
21/2 “ metal studs   24” OC; 5/8” gypsum board to 6 inches above hung ceiling
    	
 
    	
LF
    	
 
    	
0
    	
 
    
	
 
    	
Low drywall   partition 60” high
    	
 
    	
LF
    	
 
    	
0
    	
 
    
	
*
    	
Finish on Mullions
    	
 
    	
EA
    	
 
    	
0
    	
 
    
	
*
    	
Soffit over files   or cabinets 
    	
 
    	
LF
    	
 
    	
0
    	
 
    
	
*
    	
Metal stud soffit   and blocking work for glass partitions
    	
 
    	
LF
    	
 
    	
0
    	
 
    
	
*
    	
Box Columns
    	
 
    	
EA
    	
 
    	
0
    	
 
    
	
*
    	
Scar Patch
    	
 
    	
MH
    	
 
    	
24
    	
 
    
	
 
    	
Construct Drywall   Ceiling
    	
 
    	
SF
    	
 
    	
0
    	
 
    
	
 
    	
Top fill for   demising partition
    	
 
    	
LF
    	
 
    	
0
    	
 
    
	
*
    	
Soffit to slab
    	
 
    	
LF
    	
 
    	
0
    	
 
    
	
 
    	
Millwork Blocking
    	
 
    	
LF
    	
 
    	
32
    	
 
    
	
 
    	
Entrance door and   Sidelite Blocking
    	
 
    	
EA
    	
 
    	
6
    	
 
    
	
 
    	
Plywood panel 4’x8’   for telephone room
    	
 
    	
EA
    	
 
    	
2
    	
 
    
	
 
    	
Glass partition   blocking
    	
 
    	
LF
    	
 
    	
0
    	
 
    
	
*
    	
Cut opening for new   door or sidelite
    	
 
    	
EA
    	
 
    	
3
    	
 
    
	
*
    	
Close up opening
    	
 
    	
EA
    	
 
    	
2
    	
 
    
	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    
	
ACOUSTICAL CEILINGS - 5542
    	
 
    	
Units
    	
 
    	
Quantity
    	
 
    
	
*
    	
Repair ceiling grid   
    	
 
    	
SF
    	
 
    	
0
    	
 
    
	
*
    	
Repair &   replace ceiling grid and tiles as necessary
    	
 
    	
SF
    	
 
    	
0
    	
 
    
	
*
    	
New 2’x4’ Second   look II tile and grid
    	
 
    	
SF
    	
 
    	
9000
    	
 
    
	
*
    	
New 2’x4’ cortega   tile and grid
    	
 
    	
SF
    	
 
    	
0
    	
 
    
	
*
    	
New 2’x2’ Cimis   Tile and grid
    	
 
    	
SF
    	
 
    	
0
    	
 
    
	
*
    	
Patch grid at   partitions
    	
 
    	
LF
    	
 
    	
0
    	
 
    
	
*
    	
Replace Second look   II tile only
    	
 
    	
SF
    	
 
    	
0
    	
 
    
	
*
    	
Replace cortega   tile only
    	
 
    	
SF
    	
 
    	
0
    	
 
    
	
*
    	
Replace cimis tile   only
    	
 
    	
SF
    	
 
    	
0
    	
 
    
	
 
    	
Overtime Allowance
    	
 
    	
Allowance
    	
 
    	
0
    	
 
    
	
*
    	
Add sound   attenuation blankets above ceilings
    	
 
    	
SF
    	
 
    	
0
    	
 
    
	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    
	
PAINTING & VINYL WALL COVERING 5565
    	
 
    	
Units
    	
 
    	
Quantity
    	
 
    
	
*
    	
Paint - 2 coats   flat latex
    	
 
    	
SF
    	
 
    	
12600
    	
 
    
	
*
    	
Paint 2 coats flat   latex on drywall ceiling
    	
 
    	
SF
    	
 
    	
0
    	
 
    
	
*
    	
Repaint doors
    	
 
    	
EA
    	
 
    	
11
    	
 
    
	
 
    	
Stain an existing   stained door
    	
 
    	
EA
    	
 
    	
0
    	
 
    
	
*
    	
Stain or paint new   doors
    	
 
    	
EA
    	
 
    	
9
    	
 
    
	
*
    	
Paint hollow metal   frames
    	
 
    	
EA
    	
 
    	
20
    	
 
    
	
*
    	
Vinyl wall covering
    	
 
    	
SF
    	
 
    	
0
    	
 
    
	
*
    	
Paint ceiling grid
    	
 
    	
SF
    	
 
    	
0
    	
 
    
	
*
    	
Paint sidelite   frames
    	
 
    	
EA
    	
 
    	
0
    	
 
    
	
*
    	
Paint sill and   drapery pocket
    	
 
    	
LF
    	
 
    	
0
    	
 
    
	
 
    	
Prep existing walls   for new finishes
    	
 
    	
SF
    	
 
    	
0
    	
 
    
	
*
    	
Remove existing VWC   and prepare wall
    	
 
    	
SF
    	
 
    	
0
    	
 
    
	
 
    	
Overtime Allowance
    	
 
    	
Allowance
    	
 
    	
0
    	
 
    
	
*
    	
Stain chair rail
    	
 
    	
LF
    	
 
    	
0
    	
 
    
	
*
    	
Stain wood base
    	
 
    	
LF
    	
 
    	
0
    	
 
    
	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    
	
FLOORING & CARPET -   5564
    	
 
    	
Units
    	
 
    	
Quantity
    	
 
    
	
*
    	
Floor preparation
    	
 
    	
SF
    	
 
    	
9000
    	
 
    
	
*
    	
Vinyl cove base
    	
 
    	
LF
    	
 
    	
1400
    	
 
    
	
*
    	
Rubber cove base
    	
 
    	
LF
    	
 
    	
0
    	
 
    
	
*
    	
Vinyl composition   die
    	
 
    	
SF
    	
 
    	
360
    	
 
    
	
*
    	
Carpet to be   building standard $15.00 allowance per yard, including a 10% waste factor
    	
 
    	
SY
    	
 
    	
1060
    	
 
    
	
 
    	
Carpet to be   building standard carpet tiles S30 allowance per yard, including 10% waste
    	
 
    	
SY
    	
 
    	
0
    	
 
    
	
*
    	
Carpet base
    	
 
    	
LF
    	
 
    	
0
    	
 
    
	
*
    	
Upcharge for   tackless installation including pad
    	
 
    	
SY
    	
 
    	
0
    	
 
    
	
*
    	
Carpet borders
    	
 
    	
LF
    	
 
    	
0
    	
 
    
	
*
    	
30 oz, cut pile   carpet glue down installation
    	
 
    	
SY
    	
 
    	
0
    	
 
    
	
*
    	
Carpet in existing   open office area to match new
    	
 
    	
SY
    	
 
    	
0
    	
 
    
	
*
    	
Wall base in   existing open space
    	
 
    	
LF
    	
 
    	
0
    	
 
    
	
 
    	
Ceramic Tile Floor   including Base
    	
 
    	
SF
    	
 
    	
0
    	
 
    
	
 
    	
Ceramic Tile Wall
    	
 
    	
SF
    	
 
    	
0
    	
 
    
	
 
    	
Marble or Granite   Floor including Base
    	
 
    	
SF
    	
 
    	
0
    	
 
    
	
*
    	
Upcharge for   overtime and relocating furniture
    	
 
    	
SY
    	
 
    	
0
    	
 
    
	
*
    	
Patch Carpet at   new partition and door opening
    	
 
    	
LF
    	
 
    	
0
    	
 
    
	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    
	
FIRE SUPPRESSION SYSTEM - 5574
    	
 
    	
Units
    	
 
    	
Quantity
    	
 
    
	
*
    	
Additional heads   above building standard (allowance 1 head per 144 square feet)
    	
 
    	
EA
    	
 
    	
0
    	
 
    
	
*
    	
Plans and permits   including calculatons
    	
 
    	
EA
    	
 
    	
1
    	
 
    
	
*
    	
Relocate existing   heads
    	
 
    	
EA
    	
 
    	
0
    	
 
    
	
*
    	
Install new head   from existing pipe centered in tile
    	
 
    	
EA
    	
 
    	
70
    	
 
    
	
*
    	
Install new head   aligned in tile from existing pipe
    	
 
    	
EA
    	
 
    	
0
    	
 
    
	
 
    	
Overtime Allowance
    	
 
    	
Allowance
    	
 
    	
0
    	
 
    
	
*
    	
Minimum Job
    	
 
    	
EA
    	
 
    	
0
    	
 
    


 

3












 

EXHIBIT B

 

	
PLUMBING - 5532
    	
 
    	
Units
    	
 
    	
Quantity
    	
 
    
	
*
    	
Sink with rough plumbing, hot and cold water
    	
 
    	
EA
    	
 
    	
0
    	
 
    
	
*
    	
New drinking fountain
    	
 
    	
EA
    	
 
    	
0
    	
 
    
	
*
    	
Relocate drinking fountain
    	
 
    	
EA
    	
 
    	
0
    	
 
    
	
*
    	
Private toilet
    	
 
    	
EA
    	
 
    	
0
    	
 
    
	
*
    	
Cold water line for coffee machine
    	
 
    	
EA
    	
 
    	
1
    	
 
    
	
*
    	
Floor Drain
    	
 
    	
EA
    	
 
    	
0
    	
 
    
	
*
    	
Relocate sink and hot water heater
    	
 
    	
EA
    	
 
    	
1
    	
 
    
	
*
    	
Hook up refrigerator mounted ice maker
    	
 
    	
EA
    	
 
    	
1
    	
 
    
	
 
    	
Hook up dishwasher
    	
 
    	
EA
    	
 
    	
0
    	
 
    
	
 
    	
Remove and reset plumbing fixtures for tile
    	
 
    	
EA
    	
 
    	
0
    	
 
    
	
*
    	
Demolish existing plumbing
    	
 
    	
EA
    	
 
    	
0
    	
 
    


 

	
HVAC - 5535
    	
 
    	
Units
    	
 
    	
Quantity
    	
 
    
	
*
    	
BIdg Std HVAC distribution system
    	
 
    	
SF
    	
 
    	
10,141
    	
 
    
	
*
    	
Relocate diffuser and 10’ of flex duct
    	
 
    	
EA
    	
 
    	
0
    	
 
    
	
*
    	
Furnish diffuser and 10’of flex duct
    	
 
    	
EA
    	
 
    	
0
    	
 
    
	
*
    	
Furnish and install return air grille
    	
 
    	
EA
    	
 
    	
0
    	
 
    
	
*
    	
Relocate VAV Box
    	
 
    	
EA
    	
 
    	
0
    	
 
    
	
*
    	
Furnish and install new VAV box
    	
 
    	
EA
    	
 
    	
2
    	
 
    
	
*
    	
Exhaust fan with duct work, connections and
    	
 
    	
EA
    	
 
    	
0
    	
 
    
	
*
    	
Exhaust fan ceiling mounted
    	
 
    	
EA
    	
 
    	
0
    	
 
    
	
*
    	
Relocate moduline diffuser
    	
 
    	
EA
    	
 
    	
0
    	
 
    
	
*
    	
Install moduline diffuser
    	
 
    	
EA
    	
 
    	
0
    	
 
    
	
*
    	
Install box mounted thermostat
    	
 
    	
EA
    	
 
    	
0
    	
 
    
	
*
    	
Install wall mounted thermostat
    	
 
    	
EA
    	
 
    	
2
    	
 
    
	
*
    	
Relocate box mounted thermostat
    	
 
    	
EA
    	
 
    	
0
    	
 
    
	
*
    	
Relocate wall mounted thermostat
    	
 
    	
EA
    	
 
    	
0
    	
 
    
	
 
    	
Refurbish existing moduline VAV box
    	
 
    	
EA
    	
 
    	
0
    	
 
    
	
*
    	
Install new moduline VAV box
    	
 
    	
EA
    	
 
    	
0
    	
 
    
	
*
    	
Relocate moduline VAV box
    	
 
    	
EA
    	
 
    	
0
    	
 
    
	
*
    	
Relocate ducted exhaust fan
    	
 
    	
EA
    	
 
    	
0
    	
 
    
	
*
    	
Relocate ceiling mounted exhaust fan
    	
 
    	
EA
    	
 
    	
0
    	
 
    
	
 
    	
Provide 1 ton HVAC unit
    	
 
    	
EA
    	
 
    	
0
    	
 
    
	
*
    	
Provide 2 ton HVAC unit
    	
 
    	
EA
    	
 
    	
0
    	
 
    
	
 
    	
Mechanical room demolition
    	
 
    	
LS
    	
 
    	
1
    	
 
    
	
*
    	
Balance report
    	
 
    	
SF
    	
 
    	
10,141
    	
 
    
	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    
	
El.ECTRICAL - 5533
    	
 
    	
Units
    	
 
    	
Quantity
    	
 
    
	
 
    	
DEMOLITION
    	
 
    	
 
    	
 
    	
 
    	
 
    
	
*
    	
Electrical Demolition
    	
 
    	
SF
    	
 
    	
10,141
    	
 
    
	
 
    	
LIGHT FIXTURES
    	
 
    	
 
    	
 
    	
 
    	
 
    
	
*
    	
Relocate 2’x4’fixture
    	
 
    	
EA
    	
 
    	
0
    	
 
    
	
*
    	
Install new prismatic lens fixture
    	
 
    	
EA
    	
 
    	
0
    	
 
    
	
*
    	
Install new parabolic lens fixture
    	
 
    	
EA
    	
 
    	
135
    	
 
    
	
 
    	
Install new Indirect light fixture
    	
 
    	
EA
    	
 
    	
0
    	
 
    
	
*
    	
Relocate hi-hat fixture
    	
 
    	
EA
    	
 
    	
0
    	
 
    
	
*
    	
Install new hi-hat fixture
    	
 
    	
EA
    	
 
    	
0
    	
 
    
	
*
    	
Rewire light fixture for new switching
    	
 
    	
EA
    	
 
    	
0
    	
 
    
	
 
    	
Retrofit existing light fixtures
    	
 
    	
EA
    	
 
    	
0
    	
 
    
	
*
    	
Clean and relamp light fixtures
    	
 
    	
EA
    	
 
    	
0
    	
 
    
	
 
    	
SWITCHES
    	
 
    	
 
    	
 
    	
 
    	
 
    
	
*
    	
Install single pole switch
    	
 
    	
EA
    	
 
    	
10
    	
 
    
	
*
    	
Install 3 way switch
    	
 
    	
EA
    	
 
    	
2
    	
 
    
	
*
    	
Install 600 watt dimmer
    	
 
    	
EA
    	
 
    	
0
    	
 
    
	
*
    	
Install 4 way switch
    	
 
    	
EA
    	
 
    	
0
    	
 
    
	
 
    	
Occupancy Sensor
    	
 
    	
EA
    	
 
    	
0
    	
 
    
	
 
    	
Occupancy Sensor - Open Areas
    	
 
    	
EA
    	
 
    	
0
    	
 
    
	
 
    	
3 Way Occupancy Sensor Switch
    	
 
    	
EA
    	
 
    	
0
    	
 
    
	
*
    	
Install fluorescent dimmers
    	
 
    	
EA
    	
 
    	
0
    	
 
    
	
 
    	
EXIT AND EMERGENCY LIGHTS
    	
 
    	
 
    	
 
    	
 
    	
 
    
	
*
    	
Relocate exit light
    	
 
    	
EA
    	
 
    	
0
    	
 
    
	
*
    	
Relocate emergency light
    	
 
    	
EA
    	
 
    	
0
    	
 
    
	
*
    	
Install new exit light
    	
 
    	
EA
    	
 
    	
10
    	
 
    
	
 
    	
Install new “Low” exit light
    	
 
    	
 
    	
 
    	
 
    	
 
    
	
*
    	
Install new emergency light
    	
 
    	
EA
    	
 
    	
10
    	
 
    
	
 
    	
CIRCUITS and RECEPTACLES
    	
 
    	
 
    	
 
    	
 
    	
 
    
	
*
    	
Install wall duplex receptacle
    	
 
    	
EA
    	
 
    	
20
    	
 
    
	
*
    	
Install wall quad receptacle
    	
 
    	
EA
    	
 
    	
0
    	
 
    
	
*
    	
Install floor duplex receptacle
    	
 
    	
EA
    	
 
    	
1
    	
 
    
	
*
    	
Install GFI wall outlet
    	
 
    	
EA
    	
 
    	
0
    	
 
    
	
*
    	
Install 120V 20 A separate circuit
    	
 
    	
EA
    	
 
    	
2
    	
 
    
	
*
    	
Install 120V 30 A separate circuit
    	
 
    	
EA
    	
 
    	
0
    	
 
    
	
*
    	
Install 240V 30 A separate circuit
    	
 
    	
EA
    	
 
    	
0
    	
 
    
	
*
    	
Install 240V 50 A separate circuit
    	
 
    	
EA
    	
 
    	
0
    	
 
    
	
*
    	
Install new 200 A 42 circuit low voltage panel
    	
 
    	
EA
    	
 
    	
0
    	
 
    
	
 
    	
MISCELLANEOUS
    	
 
    	
 
    	
 
    	
 
    	
 
    
	
*
    	
Hook up exhaust fan including switch
    	
 
    	
EA
    	
 
    	
0
    	
 
    
	
*
    	
Hook up hot water heater
    	
 
    	
EA
    	
 
    	
0
    	
 
    
	
*
    	
Hook up projection screen including switch
    	
 
    	
EA
    	
 
    	
0
    	
 
    
	
 
    	
Install tenant electric check meter
    	
 
    	
EA
    	
 
    	
0
    	
 
    
	
*
    	
Install power feed for modular partition
    	
 
    	
EA
    	
 
    	
3
    	
 
    
	
*
    	
Install floor power feed for modular partition
    	
 
    	
EA
    	
 
    	
3
    	
 
    
	
*
    	
Install communications outlet with dragline
    	
 
    	
EA
    	
 
    	
0
    	
 
    
	
*
    	
Hook up electric strike or lock
    	
 
    	
EA
    	
 
    	
0
    	
 
    
	
*
    	
Power Requirements for HVAC systems
    	
 
    	
SF
    	
 
    	
0
    	
 
    


 

4











 

	
*
    	
Disconnect and   reconnect modular partitions
    	
 
    	
LS
    	
 
    	
0
    	
 
    
	
 
    	
Mechanical room   demolition
    	
 
    	
LS
    	
 
    	
1
    	
 
    
	
*
    	
Empty Conduit run
    	
 
    	
LS
    	
 
    	
1
    	
 
    
	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    
	
ALARM- 5572
    	
 
    	
Units
    	
 
    	
Quantity
    	
 
    
	
 
    	
Relocate Horn/Strobe
    	
 
    	
EA
    	
 
    	
0
    	
 
    
	
 
    	
Install new Horn/Strobe
    	
 
    	
EA
    	
 
    	
10
    	
 
    
	
 
    	
Overtime Allowance
    	
 
    	
Allowance
    	
 
    	
0
    	
 
    
	
 
    	
Relocate manual   pull station
    	
 
    	
EA
    	
 
    	
0
    	
 
    
	
 
    	
Install new manual   pull station
    	
 
    	
EA
    	
 
    	
0
    	
 
    


 

ASSUMPTIONS AND CLARIFICATIONS:

 

*                                         Asterisk (*) indicates Building Standard items.

†                                          Cross (†) indicates non-Building Standard items.

The following work is excluded:

Communications Work, Tele/Data

Security and Access Systems

Office Furniture, Equipment, and Appliances

Modular Partitions and Work stations

Overtime except for work in adjacent tenant spaces or public areas of the building

Dishwashers are not allowed

Undercounter ice makers are not allowed

Existing window blinds to be cleaned and repaired as required

Existing space to be demolished as required

Estimate based on drawing SK-3 dated 8/16/11 as prepared by John J. Perkins, PC

Millwork in existing pantry to be removed and plumbing capped

New upper and base cabinets to be installed in new pantry adjacent to toilet

Existing doors, frames and hardware to be reused to the extent possible

New doors, frames and hardware are to match the existing

New pair of Herculite glass doors to be installed at entrance

Film to be removed from existing glass entrance door and sidelite

Existing glass sidelites to remain.

New glass sidlites to match the existing are to be installed at new offices and conference room

Demising partition is existing except at new entrance door.  Demising partition to be deck high insulated and 

Interior drywall partitions to be ceiling high without sound insulation except as noted below

Conference room pqartition to be deck high and insulated

Two sheets of plywood to be mounted in telephone room to mount communications equipment

Existing ceiling tile and grid to be removed and replaced with building standard 2’x4’ Second Look tile in star

New and existing drywall surfaces to be painted, Vinyl wall covering is not included

Wood doors and hollow metal frames are to be finished to match the existing

IT closet to receive vinyl composition tile and vinyl cove base

Break room and pantry to receive vinyl composition tile and vinyl cove base

Ceramic floor tile in private toilet to remain

Remainder of the space to receive building standard loop pile carpet

Provide new sink and trim in pantry

Fire sprinklers to be added or relocated as required for new layout

Building standard HVAC system to be modified as needed for new tenant layout

CEO office to have separate VAV box and wall mounted thermostat

Conference room to have separate VAV box with wall mounted thermostat

No special or supplemental HVAC systems are included. Tenant to confirm requirements

Existing light fixtures to be replaced with deepcell parabolic fixtures 2’x4’

No special lighting systems or fixtures are included

Duplex wall receptacles to be installed as per tenant’s requirements

Where possible existing outlets to be reused

Duplex floor receptacle to be installed in conference room

Two dedicated circuit wall receptacles to be installed for office equipment

Power feeds are included for modular partition work stations. An allowance of 3 wall and 3 floor feeds

Exit and emergency lights to be installed as per code requirements

Fire alarm devices to be istalled as per code requirements

Empty conduit run from35th to 36th floor is included

 

5













 



 












 

Exhibit C

 

	
Optimer Pharmaceuticals
    	
 
    	
Mack-Cali Realty Corp.
    	
 
    	
1 Wed 9/28/11
    
	
101 Hudson Street, 36th Floor
    	
 
    	
343 Thornall Street
    	
 
    	
 
    
	
Jersey City, NJ
    	
 
    	
Edison, N.J. 08818
    	
 
    	
 
    


Exhibit C

 

	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
September
    
	
ID
    	
 
    	
o
    	
 
    	
Task Name
    	
 
    	
Duration
    	
 
    	
Start
    	
 
    	
Finish
    	
 
    	
8/14
    	
 
    	
8/21
    	
 
    	
8/28
    	
 
    	
9/4
    	
 
    	
9/11
    	
 
    	
9/18
    	
 
    	
9/25
    
	
1
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    
	
2
    	
 
    	
23
    	
 
    	
PREPARE SCHEMATIC DESIGN
    	
 
    	
34 days?
    	
 
    	
Tue 8/16/11
    	
 
    	
Fri 9/30/11
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    
	
3
    	
 
    	
S3
    	
 
    	
OPTIMER REVIEW AND APPROVAL OF   SCHEMATIC
    	
 
    	
5 days?
    	
 
    	
Mon 10/3/11
    	
 
    	
Fri 10/7/11
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    
	
4
    	
 
    	
S3
    	
 
    	
PREPARE CONSTRUCTION DOCUMENTS
    	
 
    	
10 days?
    	
 
    	
Mon 10/10/11
    	
 
    	
Fri 10/21/11
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    
	
5
    	
 
    	
S3
    	
 
    	
PREPARE MEP ENGINEERED DRAWINGS
    	
 
    	
5 days?
    	
 
    	
Mon 10/24/11
    	
 
    	
Fri 10/28/11
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    
	
6
    	
 
    	
 
    	
 
    	
JC DOB PLAN REVIEW
    	
 
    	
25 days?
    	
 
    	
Mon 10/31/11
    	
 
    	
Fri 12/2/11
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    
	
7
    	
 
    	
 
    	
 
    	
ACQUIRE JC DOB PERMITS
    	
 
    	
5 days?
    	
 
    	
Mon 12/5/11
    	
 
    	
Fri 12/9/11
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    
	
8
    	
 
    	
 
    	
 
    	
CONSTRUCTION
    	
 
    	
45 days
    	
 
    	
Mon 12/12/11
    	
 
    	
Fri 2/10/12
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    
	
9
    	
 
    	
 
    	
 
    	
SUBSTANTIAL COMPLETION
    	
 
    	
1 day?
    	
 
    	
Mon 2/13/12
    	
 
    	
Mon 2/13/12
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    
	
10
    	
 
    	
S3
    	
 
    	
PUNCHLIST
    	
 
    	
9 days?
    	
 
    	
Tue 2/14/12
    	
 
    	
Fri 2/24/12
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    


 

1












 

Exhibit C

 

	
Optimer   Pharmaceuticals
    	
Mack-Cali Realty Corp.
    	
2 Wed 9/28/11
    
	
101   Hudson Street, 36th Floor
    	
343 Thornall Street
    	
 
    
	
Jersey   City, NJ
    	
Edison, N.J. 08818
    	
 
    
	
Exhibit   C
    	
 
    	
 
    


 

	
October
    	
 
    	
November
    	
 
    	
December
    	
 
    	
January
    	
 
    	
February
    
	
10/2
    	
 
    	
10/9
    	
 
    	
10/16
    	
 
    	
10/23
    	
 
    	
10/30
    	
 
    	
11/6
    	
 
    	
11/13
    	
 
    	
11/20
    	
 
    	
11/27
    	
 
    	
12/4
    	
 
    	
12/11
    	
 
    	
12/18
    	
 
    	
12/25
    	
 
    	
1/1
    	
 
    	
1/8
    	
 
    	
1/15
    	
 
    	
1/22
    	
 
    	
1/29
    	
 
    	
2/5
    	
 
    	
2/12
    	
 
    	
2/19
    
																																									


 



 

2