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EXHIBIT 10.28
SECOND AMENDMENT OF
LEASE
THIS FIRST AMENDMENT OF LEASE (this
“FIRST Amendment”) dated this 23rd day of October,
2002, is by and between 475 - 17TH STREET, CO., a Limited
Partnership (“Landlord”) and Collis P. Chandler, III,
(“Tenant”).
RECITALS:
| A. |
Landlord and Tenant entered into a certain Office Building
Lease, dated January 31, 2000 (the “Base Lease”).
The Base Lease, the First Amendment of Lease, and this Second
Amendment of Lease shall hereinafter be referred as
“Lease” pertaining to certain premises located in the
building commonly known as The 475 17th Street Building, Suite 860,
475 17th Street, Denver, Colorado 80202 (the “Original
Premises”), as more particularly described in the
Lease. |
| B. |
Terms defined in the Base Lease and delineated herein by
initial capital letters shall have the same meaning ascribed
thereto in the Lease except to the extent that the meaning of such
term is specifically modified by the provisions hereof. |
NOW, THEREFORE, in consideration of the
mutual covenants as hereinafter set forth, and other good and
valuable consideration, the receipt and adequacy of which is hereby
acknowledged, the parties hereto agree as follows:
| 1. |
Recitals : The foregoing recitals are true and correct
and incorporated herein by this reference. |
| 2. |
Relocation and Expansion : Landlord agrees to allow
Tenant to relocate with an expansion to Suite 1210 consisting of
approximately 2,930 rentable square feet (r.s.f.)
(“Premises”). |
| 3. |
Term: The Primary Lease Term shall commence
February 1, 2003, (“Commencement Date”) and
terminate January 31, 2008 (the “Termination
Date”). |
| 4. |
Base Rate : Commencing February 1, 2003 and
terminating January 31, 2008, the Base Rent shall be equal to
the sum of Two Hundred Fifty-four Thousand Nine Hundred Ten and
00/100 Dollars ($254,910.00) which sum shall be payable to Landlord
as follows: |
02/01/03 - 01/31/05 @
$17.00/rsf = $4,150.83/mo
02/01/05 - 01/31/07 @
$17.50/rsf = $4,272.92/mo
02/01/07 - 01/31/08 @
$18.00/rsf = $4,395.00/mo
| 5. |
Pro Rata Share : Tenant’s Pro Rata Share shall be
1.9204%. |
| 6. |
Tenant Improvements : Landlord hereby grants to Tenant a
tenant finish allowance sufficient for the build out of Suite
1210 per the attached space plan. In addition, Landlord agrees
to relocate tenant from Suite 544 to Suite 1210. This relocation is
for the physical moving of furniture located within the suite
(excluding computer and telephone cabling). If Tenant requires
Tenant Work in excess of the Tenant Finish allowance described
above, then Tenant agrees that it shall pay for these
changes. |
| 7. |
Right of
Refusal : Provided Tenant has kept and performed all
the
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