of any conflict between the terms of these Parking Rules and
Regulations and the terms of the Lease, the terms of the Lease shall control.
- 2 -
EXHIBIT D
CONFIRMATION OF SQUARE FOOTAGE OF PREMISES (AND RELATED ITEMS)
Date:
To: 2383 UTAH, LLC
Re:
Standard Industrial/Commercial Multi-Tenant Lease - Net dated
,
between 2383 Utah, LLC, a Delaware
limited liability company ("Landlord") and Kite Pharma, Inc., a Delaware
corporation ("Tenant"), concerning 2383 Utah Avenue, El Segundo, California.
In accordance with the terms of the Lease, we wish to advise and/or confirm as
follows:
1. That, based upon the approved Final Space Plan, the rentable square footage
of the Premises is
.
2. Base Rent payable by Tenant throughout the Term shall be as set forth
below:
[INSERT BASE RENT TABLE]
3. That Lessee's Share with respect to the Building is
% and Lessee's
Share with respect to the Project is
%.
4. The Lessee Improvement Allowance is $
.
5. The Test-Fit Cap is $
.
6. Letter of Credit Amount is $
.
TENANT:
KITE PHARMA, INC.,
a Delaware corporation
By:
Name:
Its:
Dated:
[Confirmation by Landlord]
2383 UTAH, LLC,
a Delaware limited liability company
By:
2383 Utah Industrial Capital, LLC,
a California limited
liability company,
By:
Big Utah Partners, LLC,
a California limited liability company
its Managing Partner
By:
Heartland Investments, Inc.,
a California corporation
By:
Lawrence N. Field, President
SCHEDULE 1
FORM OF IRREVOCABLE LETTER OF CREDIT
(CITY NATIONAL BANK LETTERHEAD)
ISSUE DATE:
IRREVOCABLE STANDBY LETTER OF CREDIT NUMBER:
BENEFICIARY:
2383 UTAH, LLC
433 N. CAMDEN DRIVE
BEVERLY HILLS, CA
90210
ATTN: PROPERTY MANAGER
APPLICANT:
KITE PHARMA, INC.
2225
COLORADO AVE
SANTA MONICA, CALIFORNIA 90404
ATTN: CORPORATE
CONTROLLER
AMOUNT: TWO MILLION ONE HUNDRED TWENTY-ONE THOUSAND SIX HUNDRED AND 00/100 U.S.
DOLLARS ($2,121,600.00)
EXPIRY DATE AND PLACE: DECEMBER 1, 2017 AT CITY NATIONAL BANK, INTERNATIONAL
DEPARTMENT, LOS ANGELES, CALIFORNIA
LADIES/GENTLEMEN:
WE HEREBY ESTABLISH OUR IRREVOCABLE STANDBY LETTER OF CREDIT IN FAVOR OF THE
ABOVE NAMED BENEFICIARY AVAILABLE BY PAYMENT OF YOUR DRAFT(S) AT SIGHT IN THE
FORM ATTACHED HERETO AS EXHIBIT 1 WITH APPROPRIATE INSERTIONS AND ACCOMPANIED BY
DOCUMENTS AS SPECIFIED BELOW:
1. THIS ORIGINAL STANDBY LETTER OF CREDIT, AND AMENDMENT(S), IF ANY.
2. BENEFICIARY'S SIGNED AND DATED STATEMENT WORDED AS FOLLOWS:
"THE UNDERSIGNED, AN AUTHORIZED SIGNER FOR 2383 UTAH INDUSTRIAL CAPITAL, LLC
(HEREINAFTER REFERRED TO AS 'BENEFICIARY') CERTIFIES THAT THE AMOUNT OF THE
ATTACHED SIGHT DRAFT REPRESENTS FUNDS DUE AND PAYABLE TO BENEFICIARY PURSUANT TO
THAT CERTAIN STANDARD INDUSTRIAL/COMMERCIAL SINGLE-TENANT LEASE BY AND BETWEEN
BENEFICIARY, AS LESSOR, AND KITE PHARMA, INC., AS LESSEE, DATED (INSERT DATE OF
LEASE) FOR PREMISES AT 2383 UTAH AVENUE, EL SEGUNDO, CA. BENEFICIARY FURTHER
CERTIFIES THAT AN EVENT OF DEFAULT BY
- 1 -
THE TENANT IN THE PERFORMANCE OF ANY OF THE TERMS, PROVISIONS AND CONDITIONS OF
THE LEASE HAS OCCURRED AND HAS NOT BEEN CURED. THEREFORE, WE ARE DRAWING THE
AMOUNT OF (INSERT AMOUNT OF SIGHT DRAFT) UNDER CITY NATIONAL BANK LETTER OF
CREDIT NUMBER (LC NUMBER)."