1
EXHIBIT 10.15
THIRD AMENDMENT
TO 0000 XXXXXXXX XXXXXXXX XXXXXX LEASE
between
DENVER XXXX LIMITED PARTNERSHIP (Lessor)
and
ALLOS THERAPEUTICS, INC., a Delaware Corporation (Lessee)
Dated March 26, 1998
THIS THIRD AMENDMENT is to that certain office lease (the "Lease") dated October
30, 1995, First Amendment to 0000 Xxxxxxxx Xxxxxxxx Xxxxxx Lease dated October
30, 1995 and Second Amendment to 0000 Xxxxxxxx Xxxxxxxx Xxxxxx Lease dated June
7, 1996, by and between Denver Xxxx Limited Partnership ("Lessor") and Allos
Therapeutics, Inc., a Delaware Corporation ("Lessee") with respect to
approximately 4,022 and 2,308 square feet of space on the 3rd floor, known as
Suite 310 and 320 (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 and Second Amendments,
and the terms and provisions of this Third Amendment, the terms and provisions
of this Third Amendment shall control.
1. Amendment to Article 34 of Rider Number One to the Lease Document and
Article 1 of the Second Amendment. Lessor and Lessee do hereby agree
that effective July 1, 1998 or when Landlord delivers Premises to
Tenant (the "Effective Date") the description of the Premises shall be
deemed to be amended to include approximately 9,208 rentable square
feet of office space located on the fourth (4th) floor known as Suite
400 (the "New Premises") as outlined on the diagram of the fourth
(4th) floor of the building, attached hereto as Exhibit "A".
As of the Effective Date, Lessee shall be released of its obligation
from suite 310 excluding the shower area consisting of approximately
3,810 rentable square feet leaving approximately 2,520 rentable square
feet in suite 320 and shower area ("suite 320").
Lessee's right to occupy and obligation to pay Base Rent on the "New
Premises" shall commence on the "Effective Date" and shall terminate
with the lease term which is redefined in paragraph 2 of this Third
Amendment.
Except as otherwise specifically provided herein, as of the "Effective
Date" any reference to the term "Premises" and/or "New Premises" in
the Lease or any amendments thereto, including this Amendment, shall
be known as suite 400, approximately 9,208 rentable square feet and
suite 320, approximately 2,520 rentable square feet and Lessee'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 and Article 2 of the
Second Amendment. Lessor and Lessee do hereby agree that as of the
"Effective Date", the lease term as described in Article 1 of the
Lease and Article 2 of the Second Amendment shall remain the same for
suite 320 and shall be extended through April 30, 2002 for suite 400.
3. Amendment to Article 35 of Rider Number One to the Lease document and
Article 3 of the Second Amendment. As of the "Effective Date", Lessor
and Lessee do hereby agree that the Rent obligation in Article 35 of
Rider Number One and Article 3 of the Second Amendment to the lease
document be amended as outlined below:
Suite 400 Approximately 9,208 Rentable Square Feet
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07/01/98 - 06/30/99 $10,359.00 per month ($13.50 RSF/Yr)
07/01/99 - 06/30/00 $10,550.83 per month ($13.75/RSF/Yr)
07/01/00 - 06/30/01 $10,934.50 per month ($14.25/RSF/Yr)
07/01/01 - 06/30/02 $11,126.33 per month ($14.50 RSF/Yr)
Suite 320 Approximately 2,520 Rentable Square Feet
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07/01/98 - 12/31/98 $2,541.00 per month ($12.10/RSF/Yr)
01/01/99 - 06/30/01 $2,608.20 per month ($12.42/RSF/Yr)
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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.
4. Lessee Improvements. Lessor shall provide "turnkey" Lessee
improvements with building standard materials per the attached Exhibit
"A" prepared by XxXxxxxxx Planning dated March 26, 1998. Any increase
in cost of the Lessee improvements due to Lessee changing, modifying
or altering the plan shall be the responsibility of Lessee.
5. Amendment to Article 39 of Rider Number One to the Lease Document and
Article 5 of the Second Amendment. As of the Effective Date, Lessee
shall have the right to use on an unassigned, unreserved basis, one
(1) parking space for every 200 rentable square feet leased in the
0000 Xxxxxxxx parking area free of charge for the term of the Lease.
6. Amendment to Article 38 of Rider Number One of the Lease Document and
Article 6 of the Second Amendment. Lessee's percentage of Operating
Expenses as of the "Effective Date" shall be 5.54% for suite 320 and
20.27% for suite 400.
7. Moving Allowance. Lessor shall provide Lessee with up to $18,416.00 to
offset costs associated with moving of furniture, equipment,
telecommunications and data communications lines, and changing of
letterhead. Said allowance shall be paid to Lessee upon Lessee's
furnishing original receipts of each expense to Lessor.
8. Conflicts. If there is any conflict between the terms and provisions
of this Third Amendment and the terms and provisions of the Lease as
amended by the First and Second Amendments, the terms and provisions
of this Third 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.
LESSOR: LESSEE:
AMBERJACK, LTD., GENERAL PARTNER FOR ALLOS THERAPEUTICS
DENVER XXXX LIMITED PARTNERSHIP BY A DELAWARE CORPORATION
CB COMMERCIAL REAL ESTATE GROUP, INC.,
AS MANAGER
By: /s/ [ILLEGIBLE] By: /s/ Xxxxxxx X. Xxxxxxx
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Its: Vice President Its: CEO
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By: /s/ [ILLEGIBLE] By:
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Its: SVP Its:
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STATE OF COLORADO
COUNTY OF XXXXX
The foregoing instrument was acknowledge before me this 7th day of
April, 1998 by Xxxxxxx X. Xxxxxxx as CEO.
Witness my hand and official seal.
My commission expires: 5/2/99
/s/ XXXX X. XXXXX
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Notary Public
(SEAL)
3
CB COMMERCIAL
[EXHIBIT "A"]
ALLOS SPACE PLAN
NOT TO SCALE [NORTH LOGO]
4
[FLOOR PLAN]
[EXHIBIT "B"]
