1
EXHIBIT 10.16
FOURTH AMENDMENT
TO 0000 XXXXXXXX XXXXXXXX XXXXXX LEASE
between
DENVER XXXX LIMITED PARTNERSHIP (Lessor)
and
ALLOS THERAPEUTICS, INC., A Delaware Corporation (Lessee)
Dated June 29, 1998
THIS FOURTH 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, Second Amendment to 0000 Xxxxxxxx Xxxxxxxx Xxxxxx Lease dated
June 7, 1996, and Third Amendment to 0000 Xxxxxxxx Xxxxxxxx Xxxxxx Lease dated
March 26, 1998, 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, Second and Third
Amendments, and the terms and provisions of this Fourth 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 15, 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
3,882 rentable square feet leaving approximately 2,448 rentable square
feet in suite 320 and shower area ("suite 320"), attached hereto as
Exhibit "C".
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 Fourth
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 2,448 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 July 14, 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
--------------------------------------------------
07/15/98 - 07/31/98 $ 5,680.74 per month ($13.50/RSF/Yr)
08/01/98 - 07/31/99 $10,359.00 per month ($13.50/RSF/Yr)
08/01/99 - 07/31/00 $10,550.83 per month ($13.75/RSF/Yr)
08/01/00 - 07/31/01 $10,934.50 per month ($14.25/RSF/Yr)
08/01/01 - 06/30/02 $11,126.33 per month ($14.50/RSF/Yr)
07/01/02 - 07/14/02 $ 5,024.79 per month ($14.50/RSF/Yr)
Suite 320 Approximately 2,448 Rentable Square Feet
--------------------------------------------------
07/15/98 - 7/31/98 $ 1,393.45 ($12.10/RSF/Yr)
2
08/01/98 - 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)
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 OF 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 5.39% 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 Fourth Amendment and the terms and provisions of the Lease as
amended by the First, Second and Third 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:
DENVER XXXX LIMITED PARTNERSHIP BY ALLOS THERAPEUTICS
CB XXXXXXX XXXXX, INC. PROPERTY A DELAWARE CORPORATION
MANAGER
By: /s/ [ILLEGIBLE] By: /s/ XXXXXXX X. XXXXXXX
--------------------------------- -----------------------------
Its: Vice President Its: President
--------------------------------- -----------------------------
By: /s/ [ILLEGIBLE]
---------------------------------
Its: Senior Vice President
---------------------------------
STATE OF COLORADO
COUNTY OF XXXXX
The foregoing instrument was acknowledge before me this 1st day of July,
1998 by Xxxxxxx X. Xxxxxxx as President.
Witness my hand and official seal.
My commission expires: May 2, 1999 /s/ XXXX X. XXXXX
(SEAL) ---------------------------
Notary Public
3
CB COMMERCIAL
[EXHIBIT "A"]
ALLOS SPACE PLAN
4
[FLOOR PLAN]
[EXHIBIT "B"]
5
0000 XXXXXXXX
MANAGED BY
CB COMMERCIAL
[EXHIBIT "C"]
ALLOS THIRD FLOOR
2448 R.S.F.
NOT TO SCALE [NORTH LOGO]
