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EXHIBIT 10.25
FIFTH AMENDMENT
This Fifth Amendment ("Agreement") dated January 18, 2001 to that certain Lease
dated October 30, 1995 as amended on October 30, 1995 (by the First Amendment),
June 7, 1996, March 26, 1998 and June 29, 1998, ("Lease") by and between 7K
Broadway LLC, a Colorado limited liability company, successor in interest to
Denver Xxxx Limited Partnership, (hereinafter called, "Landlord"), and Allos
Therapeutics, Inc., a Delaware corporation (hereinafter called, "Tenant"), for
the Premises consisting of approximately 2,448 rentable square feet described as
Suite 320 and for the Premises consisting of approximately 9,208 rentable square
feet described as Suite 400, (together "Premises" or "Leased Premises"), located
at 0000 Xxxxxxxx, Xxxxxx, Xxxxxxxx 00000, ("Building") is entered into for the
purposes of amending the terms of the Lease. In the event of any conflict
between the terms and provisions of the printed portion of the Lease and the
terms and provisions of this Agreement, the terms and provisions of this
Agreement shall prevail.
WHEREAS, the parties desire to amend the Lease as follows, provided, however,
that all other terms, conditions and covenants of the Lease shall remain in full
force and effect:
TERMS, CONDITIONS AND COVENANTS
1. Effective February 1, 2001, the area of Leased Premises shall be
increased to include Suite 315 consisting of approximately 2,680
rentable square feet ("Additional Premises"). Together, the Additional
Premises and the existing Premises combine for a new total area of
Leased Premises of approximately 14,336 rentable square feet.
2. Effective February 1, 2001, Tenant's percentage of Operating Expenses
shall be 5.93% representing the Additional Premises; 5.39% representing
Suite 320 of the Premises; and 20.27% representing Suite 400 of the
Premises. Tenant's new total percentage of Operating Expenses for all
of the Leased Premises including the Additional Premises is 31.59%.
3. With regard to the Additional Premises only, the "Base Year" for Real
Estate Taxes and Operating Expenses as defined in Article 4 (a) and (b)
shall mean "calendar year 2000 actual Real Estate Taxes and Operating
Expenses", respectively.
4. The Lease Term for the areas of Premises known as Suite 320 and Suite
315 is hereby extended for a period of seven (7) months commencing on
July 1, 2001 and terminating on January 31, 2002. The Lease Term for
Suite 400 shall remain unchanged thereby terminating July 14, 2002.
5. The Rent for the Leased Premises as provided for in Article 3 (as
modified) of the Lease is amended as follows.
SUITE RENT PERIOD MONTHLY RENT
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315 February 1, 2001 through January 31, 2002 $3,796.67
320 December 1, 2000 through June 30, 2001 $2,608.20
July 1, 2001 through January 31, 2002 $3,468.00
400 Remains the same as in Paragraph 3 of the Fourth
Amendment dated June 29, 1998
6. Landlord is leasing and Tenant is taking the Additional Premises in its
current as-is condition. Improvements, if any desired by Tenant shall
be at the sole cost and expense of Tenant and approved in advance by
Landlord.
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7. Concurrently with the execution of this Agreement, Tenant shall deposit
with Landlord $3,833.44 as additional Security Deposit under the Lease.
Upon receipt of said additional Security Deposit, Tenant's Security
Deposit provided for in Article 5 of the Lease shall be the total sum
of $16,000.00.
8. This Fifth Amendment is expressly contingent upon Landlord executing an
early termination agreement on or before January 25, 2001 with the
current tenant leasing the Additional Premises, Handyman Online, Inc.
9. The Lease is modified to conform to the terms and conditions of this
Agreement and except as herein modified is ratified and affirmed.
10. Time is of the essence under this Agreement, and all provisions herein
relating thereto shall be strictly construed. Unless waived by Landlord
(which it shall have the right, but not the obligation, to so do), this
Agreement is contingent upon execution and delivery by Tenant to
Landlord no later than 5:00 p.m. Denver, Colorado time, January 22,
2000.
IN WITNESS WHEREOF, Landlord and Tenant have executed this Agreement on the day
and year first above written.
LANDLORD: TENANT:
7K Broadway LLC, a Colorado limited Allos Therapeutics, Inc., a Delaware
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liability company corporation
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By: /s/ Xxxxxx Xxxxxxx By: /s/ Xxxxxxx X. Xxxx
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Xxxxxx Xxxxxxx, Executive VP/CEO
Xxxxxxxx-Xxxxx Company Printed Name: Xxxxxxx X. Xxxx
Its designated Property Manager --------------------
Title: SVP and CFO
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