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Lease Agreement

 

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Title:

Lease Agreement

Entities:

Cardiovascular Biotherapeutics, Inc.

Date:

2006

Size:

Preview shows 44KB of 140KB total

Price:

$65

ID:

#1263428

 

 

► Leasing ► Lease Agreements

 

 

Start of Preview


PLAZA WEST

SUMMERLIN

LAS VEGAS, NEVADA

LEASE AGREEMENT

between

HOWARD HUGHES PROPERTIES,

LIMITED PARTNERSHIP

and

CARDIOVASCULAR BIOTHERAPEUTICS, INC.

Dated November 1, 2005

 

Page 1


LEASE AGREEMENT

TABLE OF CONTENTS

 

        PAGE

ARTICLE 1 DEFINITIONS

  5

ARTICLE 2 LEASE GRANT

  8

ARTICLE 3 LEASE TERM

  8

3.1

  DELIVERY OF POSSESSION   8

3.2

  SUBSTANTIAL COMPLETION OF PREMISES   9

3.3

  LANDLORD DELAYS   9

ARTICLE 4 USE OF PREMISES AND COMMON AREAS

  9

4.1

  PREMISES   9

4.2

  COMMON AREAS OF BUILDING   9

4 3

  LANDLORDS RIGHTS IN COMMON AREAS   9

ARTICLE 5 BASE RENT AND ADDITIONAL RENT

  10

5.1

  BASE RENT   10

5.2

  INTENTIONALLY OMITTED   10

5.3

  ADDITIONAL RENT   10

5.4

  INTEREST ON LATE PAYMENTS   10

ARTICLE 6 BASE RENT ADJUSTMENT

  10

ARTICLE 7 SERVICES TO BE FURNISHED BY LANDLORD

  11

ARTICLE 8 IMPROVEMENTS TO BE MADE BY LANDLORD

  12

ARTICLE 9 MAINTENANCE AND REPAIR OF PREMISES BY LANDLORD

  12

ARTICLE 10 GRAPHICS

  12

ARTICLE 11 CARE OF THE PREMISES BY TENANT

  12

ARTICLE 12 REPAIRS AND ALTERATIONS BY TENANT

  12

ARTICLE 13 USE OF ELECTRICAL SERVICES BY TENANT

  13

ARTICLE 14 LAWS AND REGULATIONS

  13

14.1

  GENERAL   13

14.2

  HAZARDOUS MATERIALS   13

14.3

  CERTAIN INSURANCE RISKS   14

ARTICLE 15 BUILDING RULES

  14

ARTICLE 16 ENTRY BY LANDLORD

  14

ARTICLE 17 ASSIGNMENT AND SUBLETTING

  14

ARTICLE 18 LIENS

  15

ARTICLE 19 INSURANCE

  15

19.1

  PROPERTY INSURANCE   15

19.2

  LIABILITY INSURANCE   15

19.3

  REQUIREMENTS FOR INSURANCE POLICIES   16

19.4

  WAIVER OF SUBROGATION RIGHTS   16

ARTICLE 20 INDEMNITY

  16

ARTICLE 21 PROPERTY DAMAGE

  16

ARTICLE 22 CONDEMNATION

  17

ARTICLE 23 DAMAGES FROM CERTAIN CAUSES

  17

ARTICLE 24 EVENTS OF DEFAULT

  17

ARTICLE 25 LANDLORDS REMEDIES

  18

 

Page 2


        PAGE

ARTICLE 26 LANDLORDS DEFAULT

  18

ARTICLE 27 PEACEFUL ENJOYMENT

  19

ARTICLE 28 HOLDING OVER

  19

ARTICLE 29 SUBORDINATION TO MORTGAGE

  19

ARTICLE 30 LANDLORDS LIEN

  20

ARTICLE 31 ATTORNEYS FEES

  20

ARTICLE 32 NO IMPLIED WAIVER

  20

ARTICLE 33 PERSONAL LIABILITY

  20

ARTICLE 34 SECURITY DEPOSIT

  20

ARTICLE 35 NOTICE

  21

ARTICLE 36 SEVERABILITY

  21

ARTICLE 37 RECORDATION

  21

ARTICLE 38 GOVERNING LAW

  21

ARTICLE 39 FORCE MAJEURE

  21

ARTICLE 40 TIME OF PERFORMANCE

  21

ARTICLE 41 TRANSFERS BY LANDLORD

  21

ARTICLE 42 COMMISSIONS

  22

ARTICLE 43 EFFECT OF DELIVERY OF THIS LEASE

  22

ARTICLE 44 CORPORATE AUTHORITY; PARTNERSHIP AUTHORITY

  22

ARTICLE 45 JOINT AND SEVERAL LIABILITY

  22

ARTICLE 46 INTERPRETATION

  22

ARTICLE 47 INCORPORATION OF PRIOR AGREEMENTS; MODIFICATIONS

  22

ARTICLE 48 WAIVER OF JURY TRIAL

  22

ARTICLE 49 NO MERGER

  22

ARTICLE 50 COUNTERPARTS

  23

ARTICLE 51 EXHIBITS

  23

 

Page 3


LIST OF EXHIBITS

 

Exhibit

  

Description

  

Principal Reference

In Section/Article

 

A

   Legal Description    1.4  

B

   Floor Plan of the Premises    1.15  

C

   Parking Agreement    4.2 (ii)

D

   Work Letter    8  

E

   Rules and Regulations    15  

F

   Option to Renew Lease    1.12  

G

   Right of First Offer to Lease    1.15  

H

   Commencement Memorandum    1.22  

I

   Estoppel Certificate    29  

 

Page 4


PLAZA WEST

LEASE AGREEMENT

THIS LEASE AGREEMENT (the Lease), is made and entered into as of the 1st day of November, 2005, between HOWARD HUGHES PROPERTIES, LIMITED PARTNERSHIP, a Delaware limited partnership (Landlord), and CARDIOVASCULAR BIOTHERAPEUTICS, INC, a Delaware corporation (Tenant).

W I T N E S S E T H:

ARTICLE 1

DEFINITIONS

1.1 Intentionally omitted.

1.2 Allowance shall mean an amount equal to Ten and 00/100 Dollars ($10.00) per square foot of Usable Area in the Premises. The Premises are stipulated for all purposes to contain six thousand three hundred twenty-five (6,325) square feet of Usable Area.

1.3 Base Rent shall be determined as follows:

(i) During months one (1) through twelve (12) of the Lease Term, the Base Rent shall be Twenty-Eight and 20/100 Dollars ($2850) per year for each square foot of Rentable Area of the Premises, which is equal to Two Hundred Two Thousand Seven Hundred Fifty-Eight and 00/100 Dollars ($202,758.00) per annum.

(ii) During months thirteen (13) through twenty-four (24) of the Lease Term, the Base Rent shall Twenty-Nine and 05/100 Dollars ($29.05) per year for each square foot of Rentable Area of the Premises, which is equal to Two Hundred Eight Thousand Eight Hundred Sixty-Nine and 50/100 Dollars ($208,869.50) per annum.

(iii) During months twenty-five (25) through thirty-six (36) of the Lease Term, the Base Rent shall be Twenty-Nine and 92/100 Dollars ($29.92) per year for each square foot of Rentable Area of the Premises, which is equal to Two Hundred Fifteen Thousand One Hundred Twenty-Four and 80/100 Dollars ($215,124.80) per annum.

(iv) During months thirty-seven (37) through forty-eight (48) of the Lease Term, the Base Rent shall be Thirty and 82/100 Dollars ($30.82) per year for each square foot of Rentable Area of the Premises, which is equal to Two Hundred Twenty-One Thousand Five Hundred Ninety-Five and 80/100 Dollars ($221,595.80) per annum.

(v) During months forty-nine (49) through sixty (60) of the Lease Term, the Base Rent shall be Thirty-One and 74/100 Dollars ($31.74) per year for each square foot of Rentable Area of the Premises, which is equal to Two Hundred Twenty-Eight Thousand Two Hundred Ten and 60/100 Dollars ($228,210.60) per annum.

The Base Rent due for the first full calendar month during the Lease Term has been paid to Landlord by Tenant contemporaneously with Tenants execution hereof.

1.4 Building shall mean (a) the parcel of real property described in Exhibit A attached hereto and incorporated herein, (b) the office building and parking structure built or to be built on such parcel of real property, and (c) any and all other improvements thereon and appurtenances thereto. The street address of the Building is 1635 Village Center Circle, Las Vegas, Nevada, 89134; such street address may be modified by Landlord from time to time during the Lease Term.

1.5 Building Core shall mean the area within the outermost finish face of that portion of the Building that incorporates those areas that provide service to the tenants of that floor and to the Building. These areas of service include: restroom facilities for men and women along with the vestibule and access, electrical, mechanical, and telephone rooms, janitor closets, elevators and service elevators along with lobby and stairs, vestibules, and all vertical floor penetrations for mechanical/electrical/plumbing for the Building.

1.6 Building Shell shall mean the condition of the Building completed with the following improvements: (a) outside walls (not including drywall), core walls, and elevator lobby areas completed to building standard condition for public areas; (b) unfinished concrete floors throughout the Premises,


 

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