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Exhibit 10.29  


 
 

SECOND AMENDMENT TO LEASE    
  


DATED JULY 1, 2001

TO LEASE DATED NOVEMBER 1, 2000

BETWEEN

RAZORE LAND COMPANY ("LANDLORD")

AND

PHAGE THERAPEUTICS INTERNATIONAL ("TENANT")  


    WHEREAS, Landlord and Tenant have heretofore entered into that certain Lease dated November 1, 2000
(hereinafter referred to as the "Lease") under the terms of which Landlord leased to Tenant approximately 5,148 rentable square feet of space (hereinafter referred to as the "Premises") located at
19017 120th Avenue NE, Suite 102, Bothell, Washington. 


    WHEREAS,
Landlord and Tenant have heretofore entered into that certain First Amendment to Lease dated May 1, 2001 (hereinafter referred to as the "First Amendment") under terms
of which Landlord leased approximately 919 additional rentable square feet of space per the terms and conditions set forth in the First Amendment. 


    NOW
THEREFORE, in consideration of the mutual promises of the parties hereto and other good and valuable consideration, the receipt of which is hereby acknowledged, Landlord and
Tenant hereby agree to amend the Lease as follows: 


	1.
	Paragraph
2. Leased Premises: 




Rentable
Square Feet - approximately 6,225 rsf

Rentable Square Feet - approximately 1,206 rsf of additional space 




	2.
	Paragraph
5.1. Rent: 




Tenant
has agreed to rent the additional 1,206 sf of space for two (2) years at the rate specified on the attached spreadsheet. At the commencement of year three (3) the rate will be
blended with the existing rate and the additional space will be coterminous with said lease. Attached spreadsheet documents the revised rental schedule and must remain attached as part of this
amendment. 




	3.
	Paragraph
8.2. Tenant's Share of Operating Expenses: 




Tenant's
Share shall be 7.33%. 





Except
as modified and amended herein, all other terms and conditions of this Lease shall remain unchanged and in full force and effect. 







THIS LEASE IS SUBJECT TO ACCEPTANCE BY LANDLORD. 



	 	

Agreed and Accepted:	
 	

 	
 	

 	
 	

 
	

 	
 	

TENANT:	
 	

 	
 	

 
	

 	
 	

 	
 	

PHAGE THERAPEUTICS INTERNATIONAL

a Florida Corporation
	

 	
 	

 	
 	

By:	
 	

/s/ Richard C. Honour

	

 	
 	

 	
 	

Its:	
 	

President & CEO
	

 	
 	

LANDLORD:	
 	

RAZORE LAND COMPANY,

a Washington Corporation
	

 	
 	

 	
 	

By:	
 	

/s/ Jim Sepic

	

 	
 	

 	
 	

Its:	
 	

Manager









	STATE OF WASHINGTON	)	 	 
	 	)	 	 
	COUNTY OF KING	)	 	 





    On
this day personally appeared before me Richard Honour to me known to be the President of Phage Therapeutics International, the corporation that executed the within and foregoing
instrument, and acknowledged that the same instrument to be his free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he was
authorized to execute said instrument. 


    GIVEN
under my hand and official seal this 27th day of June, 2001. 



	

 	
 	

/s/ Unreadable
 Notary Public in and for the

State of Washington,

Residing at Woodinville

My Commission expires 9/15/04





	STATE OF WASHINGTON	)	 	 
	 	)	 	 
	COUNTY OF SNOHOMISH	)	 	 





    On
this day personally appeared before a Jim Sepic to me known to be the Manager of Razore Land Company, the corporation that executed the within and foregoing instrument, and
acknowledged that the same instrument to be a free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute
said instrument. 


    GIVEN
under my hand and official seal this 3rd day of July, 2001. 



	

[SEAL]	
 	

/s/ Margaret A. Tingley
 Notary Public in and for the

State of Washington

Residing at Everett

My Commission expires 6/10/2002








PHAGE THERAPEUTICS

MONTHLY BASE RENT CALCULATION  



	 
	 	 
	 	 
	 	 
	 	 
	 	 
	 	 
	 	 
	 	20001 CAM

	 
	 	# of Mos
	 	 
	 	SQ. FT.
	 	$PER SQ. FT.
	 	Original Space Monthly Rent
	 	Additional Space Monthly Rent
	 	Monthly Total Rent
	 	Original Space sq. ft.
	 	Addt'l Space sq. ft.
	 	Total sq. ft.

	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	Effective 5/1/01
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	5,148	 	 	919	 	 	6,067
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	

	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	Effective 7/1/01
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	6,225	 	 	1,206	 	 	7,431
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	

	Original Lease	 	7.5	 	11/15/00 - 06/30/01	 	5,148	 	$	15.50	 	$	6,649.50	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	4.5	 	07/01/01 - 11/14/01	 	6,225	 	$	15.50	 	$	8,040.63	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	12	 	11/15/01 - 11/14/02	 	6,225	 	$	16.12	 	$	8,362.25	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	12	 	11/15/02 - 11/14/03	 	6,225	 	$	16.77	 	$	8,699.44	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	12	 	11/15/03 - 11/14/04	 	6,225	 	$	17.44	 	$	9,047.00	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	12.5	 	11/15/04 - 11/30/05	 	6,225	 	$	18.13	 	$	9,404.94	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	60.05	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	

First Amendment	
 	

2	
 	

05/01/01 - 06/30/01	
 	

919	
 	
$	

8.23	
 	
$	

630.00	
 	
 	

 	
 	
 	

 	
 	
 	

 	
 	
 	

 	
 	
 	

 
	Revised First Amendment	 	22	 	07/01/01 - 04/30/03	 	1,206	 	$	8.23	 	$	827.12	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	(Addt'l Space)	 	7	 	05/01/03 - 11/30/03	 	1,206	 	$	16.77	 	$	1,685.39	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	12	 	12/01/03 - 11/30/04	 	1,206	 	$	17.44	 	$	1,752.72	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	12	 	12/01/04 - 11/30/05	 	1,206	 	$	18.13	 	$	1,822.07	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	55	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	
Total Space Schedule Effective 5/1/01	
 	

 	
 	
 	

 	
 	
 	

 	
 	
 	

 	
 	
 	

 	
 	
CAM Charges

	First Amendment	 	2	 	05/01/01 - 06/30/01	 	6,067	 	$	14.40	 	$	6,649.50	 	$	630.00	 	$	7,279.50	 	$	2,013	 	$	357	 	$	2,370
	Revised First Amendment	 	4	 	07/01/01 - 10/31/01	 	7,431	 	$	14.32	 	$	8,040.63	 	$	827.00	 	$	8,867.63	 	$	2,434	 	$	471	 	$	2,905
	 	 	1	 	11/01/01 - 11/30/01	 	7,431	 	$	14.60	 	$	8,212.16	 	$	827.00	 	$	9,039.16	 	 	 	 	 	 	 	 	 
	 	 	11	 	12/01/01 - 10/31/02	 	7,431	 	$	14.84	 	$	8,362.25	 	$	827.00	 	$	9,189.25	 	 	 	 	 	 	 	 	 
	 	 	1	 	11/01/02 - 11/30/02	 	7,431	 	$	15.13	 	$	8,542.08	 	$	827.00	 	$	9,369.08	 	 	 	 	 	 	 	 	 
	 	 	5	 	12/01/02 - 04/30/03	 	7,431	 	$	15.38	 	$	8,699.44	 	$	827.00	 	$	9,526.44	 	 	 	 	 	 	 	 	 
	 	 	6	 	05/01/03 - 10/31/03	 	7,431	 	$	16.77	 	$	8,699.44	 	$	1,685.39	 	$	10,384.82	 	 	 	 	 	 	 	 	 
	 	 	1	 	11/01/03 - 11/30/03	 	7,431	 	$	17.07	 	$	8,884.80	 	$	1,685.39	 	$	10,570.19	 	 	 	 	 	 	 	 	 
	 	 	11	 	12/01/03 - 10/30/04	 	7,431	 	$	17.44	 	$	9,047.00	 	$	1,752.72	 	$	10,799.72	 	 	 	 	 	 	 	 	 
	 	 	1	 	11/01/04 - 11/30/04	 	7,431	 	$	17.75	 	$	9,237.90	 	$	1,752.72	 	$	10,990.62	 	 	 	 	 	 	 	 	 
	 	 	12	 	12/01/04 - 11/30/05	 	7,431	 	$	18.13	 	$	9,404.94	 	$	1,822.07	 	$	11,227.00	 	 	 	 	 	 	 	 	 
	 	 	
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Total	 	55	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 








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SECOND AMENDMENT TO LEASE