Re: Highpark 25910 Acero, Suite 370 Mission Viejo, California
EXHIBIT 10.34
December 14, 2009
Xx. Xxxxx Xxxxxxxxx XX
Director of Leasing
Dolphin Partners
00000 Xxxxxx Xxx., Xxxxx 000
Irvine, CA 92612
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Highpark
00000 Xxxxx, Xxxxx 000
Xxxxxxx Xxxxx, Xxxxxxxxxx
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Xxxxx:
As exclusive representative for CelLynx Group, Inc. (“Lessee”), Xxx & Associates - Irvine, Inc. has been authorized to submit this counter proposal to lease space in the above referenced building. This counter proposal outlines the terms and conditions under which CelLynx Group, Inc. will enter into a lease agreement.
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Location:
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Agreed. 00000 Xxxxx, Xxxxx 000, Xxxxxxx Xxxxx, Xxxxxxxxxx.
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Premises:
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Agreed. Lessee will require approximately 2,120 rentable square feet located on the third (3rd) floor. The exact square footage shall be measured based on Building Owners and Managers Association International Standard (ANSI Z65.1-196) prior to occupancy.
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Lease Term:
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Agreed. The initial term of the lease shall be for twenty-five (25) months.
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Lease Commencement:
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Agreed. Lease commencement shall be on April 1, 2010.
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Lease Rate:
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The base monthly lease rate during the lease term shall be as follows:
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Months
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Monthly Lease Rate
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00 – 01:
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$0.00
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Full Service Gross, Per Square Foot
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02 – 13:
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$1.75
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Full Service Gross, Per Square Foot
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14 – 25:
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$1.80
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Full Service Gross, Per Square Foot
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Operating Expenses:
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Lessee shall pay its pro-rata share of increases in operating expenses to the extent such operating expenses exceed the actual operating expenses for Base Year 2010. Notwithstanding the foregoing, Lessee shall not be subject to pass-throughs during the initial twelve (12) months of its occupancy.
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Tenant Improvements:
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Agreed. Lessee shall accept premises “as-is”.
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Parking:
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Agreed. Per current lease agreement.
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Xxx & Associates – Irvine Inc. A Member of the Xxx & Associates Group of Companies
000 Xxxxxxxx, Xxxxx 000 Xxxxxx, Xxxxxxxxxx 00000 / Office: 000.000.0000 / Fax: 000.000.0000
December 14, 2009
Xx. Xxxxx Xxxxxxxxx XX
Page 2
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Signage:
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Agreed. Per current lease agreement.
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Subleasing &
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Assignment Rights:
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Agreed. Per current lease agreement.
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Heating, Ventilation
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& Air-Conditioning
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(“HVAC”):
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Agreed. Per current lease agreement.
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Use of Premises:
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Agreed. Per current lease agreement.
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Broker:
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Agreed. Xxx & Associates – Irvine, Inc as Lessee’s exclusive representative, shall earn a standard commission equal to four percent (4%) in addition to any additional brokerage incentive program. All commissions owed shall be paid 100% upon lease execution. Broker shall look solely to Lessor for payment of said commission.
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Approval and
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Contingencies:
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All parties understand that this Proposal is not binding between the parties until a lease document is fully executed. Any further negotiations or proposals will be made contingent upon Xxxxxx’s approval.
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December 14, 2009
Xx. Xxxxx Xxxxxxxxx XX
Page 3
Lessor and Xxxxxx acknowledge that this proposal is not a lease, and that it is intended as the basis for the preparation of a lease by Lessor. The lease shall be subject to Lessor's and Xxxxxx's approval, and only a fully executed and delivered lease shall constitute a legally binding lease for said property. Broker makes no warranty or representation to Lessor or Lessee that acceptance of this proposal will guarantee the execution of a lease for the property. Broker is not authorized to give legal advice. If Xxxxxx and Lessor desire legal advice, Broker hereby advises Xxxxxx and Xxxxxx to consult with their respective attorneys prior to executing any document(s).
Please respond by 5:00 p.m. on Monday, December 21, 2009. Thank you for your cooperation. Please call if you have any questions.
Regards,
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/s/ Xxxx Xxxxx
Xxxx Xxxxx
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/s/ Xxxxx X. Xx Xxxxx
Xxxxx X. Xx Xxxxx
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Senior Vice President – Partner
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Associate
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AGREED AND ACCEPTED:
LESSEE:
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LESSOR: |
| CelLynx Group Inc. | Dolphin Partners |
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By: ________________________________
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By: ________________________________
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Title: _______________________________
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Title: _______________________________
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| Date: _______________________________ | Date: _______________________________ |
