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EXHIBIT 10.14
SECOND AMENDMENT
TO 0000 XXXXXXXX XXXXXXXX XXXXXX LEASE
between
DENVER XXXX LIMITED PARTNERSHIP
and
ALLOS THERAPEUTICS, INC., A Virginia Corporation
Dated June 7, 1996
THIS SECOND AMENDMENT is to that certain office lease (the "Lease") dated
October 30, 1995 and First Amendment to 0000 Xxxxxxxx Building Office Lease
dated October 30, 1995, by and between Denver Xxxx Limited Partnership
("Lessor") and Allos Therapeutics, Inc., a Virginia Corporation ("Lessee") with
respect to approximately 4,022 square feet of space on the 3rd floor, known as
Suite 310 (the "Premises"), in the building known as 0000 Xxxxxxxx, Xxxxxx,
Xxxxxxxx (the "Building"). In the event of any conflict between the terms and
provisions of the Lease as amended by the First Amendment, and the terms and
provisions of this Second Amendment, the terms and provisions of this Second
Amendment shall control.
1. Amendment to Article 34, Rider Number One of the Lease Document. Lessor
and Lessee do hereby agree that effective June 12, 1996 (the "Effective
Date") the description of the Premises shall be deemed to be amended to
include approximately 2,308 rentable square feet of additional office
space located on the third (3rd) floor known as Suite 320 (the
"Expansion Space") as outlined on the diagram of the third (3rd) floor
of the building, attached hereto as Exhibit "A".
Tenant's right to occupy and obligation to pay Base Rent on the
"Expansion Space" shall commence on the "Effective Date" and shall
terminate with the lease term which is redefined in paragraph 2 of this
Second Amendment.
Except as otherwise specifically provided herein, as of the "Effective
Date" any reference to the term "Premises" in the Lease or any
amendments thereto, including this Amendment, shall be deemed to include
the "Expansion Space" as though originally a part of the Premises under
the Lease and Tenant's occupancy thereof shall be subject to all of the
terms and conditions of the Lease.
2. Amendment to Article 1 of the Lease Document. Lessor and Lessee do
hereby agree that as of the "Effective Date", the lease term as
described in Article 1 of the Lease shall be extended through June 30,
2001.
3. Amendment to Article 35 of Rider Number One to the Lease document. As of
the "Effective Date", Lessor and Lessee do hereby agree that the Rent
obligation in Article 35 of Rider Number One to the lease document be
amended as outlined below:
06/12/96 - 12/31/96: $6,215.16 per month
01/01/97 - 12/31/98: $6,382.75 per month
01/01/99 - 06/30/01: $6,550.33 per month
Such other charges as may be required by the terms of this Lease to be
paid by Lessee may be referred to in the Lease document as "Additional
Rent." Lessor shall have the same rights as to the Additional Rent as it
has to the payment of the rent set forth above.
All payments are due on or before the first day of the first full
calendar month of the term hereof and a like sum on or before the first
day of each and every successive calendar month thereafter during the
term hereof. Rent for any period during the term hereof, which is less
than one month, shall be prorated based on a thirty (30) day calendar
month. All rents payable hereunder shall be paid to Lessor in lawful
money of the United States of America constituting legal tender at the
time of payment, at the office of the building or to such other person
at such other place as Lessor may, from time to time, designate in
writing. The current payments or notice to Lessor shall be c/o CB
Commercial Real Estate Group, Inc., 0000 Xxxxxxxxxxx Xxxxxx, Xxxxx 000,
Xxxxxx, Xxxxxxxx 00000.
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4. Tenant Improvements. Lessee shall take the "Expansion Space" in its
"as-is" condition.
5. Amendment to Article 39 of Rider Number One to the Lease Document. As of
the Effective Date, Tenant shall have the right to use on an unassigned,
unreserved basis, an additional eleven (11) parking spaces in the 0000
Xxxxxxxx parking area free of charge the term of the Lease. These spaces
will be in addition to the twenty (20) parking spaces under Lessee's
control in the Lease document.
6. Amendment to Article 38 of Rider Number One of the Lease Document.
Lessee's percentage of Operating Expenses as of the "Effective Date"
shall be that proportion which the rentable area leased bears to the
rentable area of the building. For purposes of the Lease, as herein
amended, such percentage is 13.94%.
7. Conflicts. If there is any conflict between the terms and provisions of
this First Amendment and the terms and provisions of the Lease, the
terms and provisions of this First Amendment shall govern. Except as
herein specifically set forth, all other provisions of the Lease shall
remain in full force and effect and be binding upon the parties in
accordance with their terms.
LANDLORD:
DENVER XXXX LIMITED PARTNERSHIP
CB COMMERCIAL REAL ESTATE GROUP, INC.
AS MANAGER
By: /s/ ILLEGIBLE
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Its: Senior Vice President
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By: /s/ ILLEGIBLE
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Its: Assistant Vice President
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TENANT:
ALLOS THERAPEUTICS,
A VIRGINIA CORPORATION
By: /s/ XXXX X. XXXXX
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Its: VP Finance & CFO
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STATE OF COLORADO
COUNTY OF XXXXX
The foregoing instrument was acknowledged before me this 17th day of June, 1996
by Xxxx X. Xxxx as VP Finance and CFO.
Witness my hand and official seal.
My commission expires: May 2, 1999
/s/ Xxxx X. Xxxxx
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Notary Public
[SEAL]
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0000 XXXXXXXX
XXXXXXXX
XxXXXXXXX PLANNING & DESIGN
EXHIBIT "A"
FLOOR PLAN
ALLOS THERAPEUTICS
THIRD FLOOR SPACE PLAN
