HomeMy WebLinkAbout2002 Resolution No. 054CONTRACT NQ, q 8-).oo :_,
• RESOLUTION NO. 2/._
SERIES OF 2002
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A RESOLUT IO N SUPPORTING THE SUBLEASE BETWEEN ENGLEWOOD
ENVIRONM ENTAL FOUNDATION AND DAVID TAYLOR DA ! ,CE THEATRE .
WHEREAS, The Englewood Environm ental Foundation was formed to relieve the
burdens which would otherwise be assum ed by the City of Englewood , Colorado , in
co nnec tion with the e nvironmental rem ediation, lend use planni ng and prepa;sttio n for
redevelopm ent of the Cinderella Ci ty s hopping center ; and
WHEREAS, the Englewood Environmental Found ation was formed · J provide s upport for
the rede velopm e nt and enh ancement of the City 's comm e rcial e nvironment and is a sepa.rote
11 nd dis tinct corporation; and
WHEREAS, t he City Council of the City of Englewood , Colorado , s upported the Master
Pl a n prop os ed on August 10, 1998 by the Englewood Environmental Foundation;
NOW , THEREFORE, BE IT RESOLVED BY THE CITY COUNCI L OF THE CITY OF
ENGLEWOOD , CO LORADO, THAT:
S!:s:tiwu . The City Council of the City of Englewood , Co lorado, hereby s upports the
Sublease betw een the Englewood Environmental Foundation and David Taylor Da nce
Theatre, a ttached as "Exhibit A", for s pace at the Englewoo d City(;en ter.
~ Thi s resolutio n of s upport in no way waives or delega tes the City's re gula tory
powers , duties and respon s ibilities with respec t to zo nin g ond gove rnm e ntal is s ues .
ADOPTED AND APPROVED this 6th of May, 2002 .
SUB-LEASE, ASSUMPTION, ASSIGNMENT AND
PROGRAM AGREEMENT
THIS SUB-LEASE, ASSUMPTION, ASSIGNMENT AND PROGRAM AGREEMENT
l-~n>~times herein refen:,ci to as "Agreement ") is made and entered into the _day of __ ,
2001, by and between Englewood Environmental Foundation , Inc . a Colorado not for profit
corp,,ration (hereinafter referred to as "Landlord ') and David Taylor Dance Theatre, a Colorado
not fo r profit corporation (hereinafter referred to as 'Tenant').
Landlord is the lessee of the premises described herein which premises are owned by
Weinganeo/Miller /Englewood Joint Venrure ("Master-Lessor") pursuant to a Lease Agreement
<le red ___ . 2002 (the "Master Lease"). A copy of the Master Lease is attached hereto as
E31lil!i.tA .
Landlord wishes to lease to Tenant as a sub-lessee and Tenant wishes to lease from
Landlord as " sub lessor the premises described herein
Landlo rd has agreed to provide cenain funding for Tenant operation from the premises,
and Tenant has agreed to provide cerrain programming either without charge or at a reduced •
charge .
For and in consideration of the payments to be made by each of the parries , and of the
covenants and agreements hereinafter set fonh to be kept and performed by the Tenant, Landlord
hereby sub-leases to Tenant and Tenant hereby sub-leases from Landlord the premises herein
described , subject to and upon all of the terms , covenants and agr• -.ients hereinafter set fonh ,
and subject to the Master Lease .
SUMMARY OF BASIC SUB-LEASE TERMS
A. LANDLORD : Englewood Environmental Fouadation , Inc . a Colorado not for profit
corporation .
B. TENANT : David Taylor Dance The atr e, a Colorado not for profit corporation.
C. SHOPPING CENTER : Toe City Center Englewood Shopping Center as depicted on
E3l!i!illJ! attached hereto .
D. BUILDING : The Building (sometimes known as the "Baily 's Building") siruated on the
parcel described on~ anel located in the Shopping Center as depicted on EmiJ2ii
B which comprises a pan of the Shopping Center
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E.
F.
PREMISES : The area on the first floor of the Building crosshatched on the Space Plan
attached hereto as E!lliJill_Q, comprising approximately 8,600 net rentable square feet
LEASE TERM : Fi ve (5) Years, commencing on _____ , 2002, and ending on
------· 2007 .
G. BASE RENT : Ther e is no base rent payment during Jie initial fi e year tenn . Ten.int is
obligated, however , in addition to other payments due hereunder to make a monthly
payment of $572 .92 which is the monthly amonization of the Tenant Finish
Reimbursement as provided in Section 4.5 (the monthly amonizat io n payments are herein
referred to as the "Mon th ly Tl Reimbursement").
H. TENANT'S PRO RATA SHARE : As required under Secti on 9.2 of the Master Lease
I. AM OUNT OF REQUIRED LIABILITY INSURAN CE $1 ,000 ,000 .00
J. ADDRESSES FOR NOTICES AND PAYMENT :
TO LANDLORD :
1000 Englewood Parkway
Englewood, Colorado 80110
Ann: -------
With a copy to :
Engle wood City Attorney
1000 Englewood Parkway
Englewood , Colorado 80110
TO TENANT :
K. PERMITTED USE : Dance studio to providt ~•nee lessons and rehear sa ls with relate,1
office and storage .
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.... EXHJBITf •ND ADDENDUM :
Exhibit A -Master Lease
Exhibit B -Shopping Center and Building Site Plan
Exhibit C -Legal Description of Shopping Cemer
Exhibit D -Location of Demised Premises within the Building
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A . filrn:LJ . SE. ASSIGNMENT AND ASSUMPTION.
1.1 Grant of Prem ises . Landlord hereby sub leases 10 Tenant, and Tenant
subleases from Landlord . tho se cenain premise s sirua1ed in the City of Englewood, Co unty of
Arapahoe , State of Colorado, desc ribed in Paragraph E of th e Summary of Basic Lease Terms
(herein referred 10 as the "Premises ").
1.2 Assumption and Assignment .
A. During the term of this Sublease , as may be extended in acco rdance
with the provisions of the Agre~ment, Tenant ass ume s all obli~atio~,s of Landlord under the
Master Lease and hereby indemnifies and ag ree s 10 hold Landlo rd harmless from any claims ,
cbligations or liabilities arising under the Master Lea se; provided , however , Tenant shall ha ve
no obligation or liability arising from a breach of the Mas1e1 Lea se so lely as a result of any action
by Landlord .
8 . During the term of thi s Sub lease. as may be extended in accordance
with the provisions of the Agreement. except as expressl y provided herein to th e contrary ,
Landlord assig ns to Tenant all of Landlords rights under the Master Lease , provided, however ,
(i) Landlord 's right r.o any condemnation award or in suran ce proceeds under the provisions of the
Master Lease relating to casualty or cona~mnation sha ll be reta inea by and be the sole propeny
of Landlord , (ii) in the event T::nant fails 10 e. ercise any such right, Landlord shall have the right
10 do so , and (iii ) upon the te m ination of this Sub-lease . whether by expiration or otherwise, all
ri ghts of tenant under the M ter Lease shall re ve n exclusively to Landlord . In no event shall
Tenant have the right 10 make any amendment or modification to the Master Lea se witho~t
Landl ord's prior wri11en con sent, at Landlord's so le and ab so lute discretion.
1.3 Condition of Premises. Tenant accepts the Premi ses in it s "a; "c1 ndi1ion .
Neither Landlord nor its agents have made any promi se or ar~ otherwise ob :1,-'ll alter .
remodel or improve the Premises. Neither Landlord nor its agents have made any r. __ .,matioo
or wa rr anty with respect 10 the condition of the Prrmi ses or the Shoppin g Ci!nter, or any
improvement thereon. Upon taking posses sion of the Premises. Tenant sha ll be conclusivel y
de emed 10 have accepted the condition of the Premi ses and the Sho 11ping Center. and other
improvements locateu the.reon . and Tenant waive s any cla im s agai nst Land lord resulting from the
condition of the Premises. Building or th e Shopping Center. or any improvements thereo n.
2 .1 Bas ic Term . The term of this Sub -Lease shall be fo r the period of years
described in Paragraph F of th e Summary of Basic Leas e Terms. co mmencing and ending on the
dates de sc ribed in such Paragr aph F. As soon as the Leasr Term comm ences, Landlord and
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Tenant shall execute a memorandum to thi s Lea se setting forth the exact date on which the Leas e
T mn comm enced and the expiration date of the Lease Term . •
2.2 Early Pos session . If, prior t\l commencement of the term of the Lease,
Tenant uses or occ up ies the Pr emises or any part thereof with La ndl ord's prior written consent,
for tt. ~ purpose of comp letin g alt erations to the Premises, Tenant agrees to observe and perform
all the provi sio ns of this Sub -Le ase and Tenant shall als 0 be ob li ga ted to pay Tenant 's Pro Ra ta
Share of Shopping Center Operating Costs (as ~e rein after defined) and any othe r arnourus due
from Landlord , as tenant, to Master Lessor und er the MlSter Lease during such period .
2.3 Option to Extend . Provided th e Tena nt is not then in default under this
Agreement. and no event has occurred which , wi th th e passage of time or th e giving of notice
·,oul d co nstirute a default under this Agreeme111. Land ord grant s to Tenant the right co extend
Lhe Lease Term ("Ren ewal Option") for thr ee (3) succ essi ve period of five (5 ) years ("Opt ion
Term"), upon the followi ng terms and conditi ons:
3.1 Tenant must exerci se such Renewal Opt ion (s ), if at all. by providin g
Landlord with wri tt en notice thereof at least si x (6) month.< but not more than nine (9) month s
prior to th e expiration date of the Lease Term or prior Optio ., frrm as the case may be ("Ren ewal
Notice"). If Tenant does not provide Landl ord with the ll,~newa l Notice as and when herein
specified , the Renewal Option (s ) shall terminate and be of no further fo rce or effec1. If Tenant
exercise s a Renewal Optio n and the parties agree upon the Ba.<e Rent during such W.e ne wal Option ,
the Lease Term shall be extended for an addi tiona l period 'l f ri ve (5) yea rs upon the same terms •
and co nditi ons as set fo rth in this Agreement , except the Base Rent and this Renewal Option. The
Base Rent fo r such Opti on Term shall be no grea ter th an the then-current market raie for
comm ercial space tn th e Shopping Center. The Base Rent to be paid during the Option Term(s)
shall be in addition to the Mo nthl y TI Reimbur sement required to be made by Tenan1.
2.3.2 Th e Renewal Op tion is per sona l 10 Tenant and may not be exercised
by an y succe sso r in interest 10 Tenant without the pri or written appro val of Landlo rd .
2.3.3 If Landlord and Ten ~.nt are unable t~ agree upon the rencal 3DlOUnt
for Base Rent for the Option Ter r.1 nn or bd°or e three (3) month s prior 10 the comrnencemem date
of the Optio n Term , then thi s Agreement shall expire and t.rminate upon the expiratio n of the
then current term .
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3.1 Base Rent. Tenant shall pay no Base Rent during the initial five year 1enn
of this Lease, and thereafter, if the Renewa l Option has been exercised in accordance with Section
2 .3, the Ba se Rem sha ll be payable in accordanc e with 1he agreement made as provided in Section
2 .3 Tenant shall pay during the initial and an y Option Term as Additional ReL. all amounts
requirer! to be paid by Landlord , as tena nt, 10 Master L,ssor und er the Master Lease, including
but nol limited 10 Common Area Maimenance char ge and building ooerating costs . Pro Rata
Share of estimated Shopping Center Operatin g Costs , and Tenant Improvement Reimbursement
;as sel forth in the Addendum). all of which shal! be payable in advance on the fir st day of ,,ac h
calendar month during that term .
3.2 Place of Payment . The Base Rent payable during any Option Term by
Tena nt to Landlord under th e terms of thi s Sub -Lease and all other payments due hereunder by
Tenant 10 Land lord , shall be paid at the office of Landl ord se1 forth in Par ag raph J of the
Summary of Basic Lease Terms, or a1 such other plac e as Landlord may from time to lime
design ate, in lawful money of the United State s. Any amounts payable to Master Lessor under
the terms of the Master Lease whi ch pa yment s have bee n assumed by Tenant, unle ss otherwise
in structed in writing by Landl ord , shall be paid by Tenant directly to Master Lesso r at the locati on
required under the Mas ter Lease .
3.3 Interest on Unpaid Sum s. If rent, or any other monetary sums required to
be paid hereunder by Tenant 10 Landlord or Master Lesso r, is no1 paid when due, such sum shall
accrue interest at the rat e of thre e percent (3 % ) per annum above the prime rate charged by the
We ll s Fargo Bank 10 i1s largest business customers on an unsecur ed basis ("Prime Rate ") as of
th e date such default occurred. Said interest shall be charged from the date the amount in question
was due until recei ved by Landlord . In lieu of such interest, Landlord may elect 10 charge a ·a1e
charge as 10 any installment payment du e under this Agreement as more fully de scribed in Section
16.2 hereof.
4. Tenant Fini sh Al'owa nce
4.1 Tenan t at its own cos t (exce pt for 1he Tenant Finish Allowance 10 be paid
by Landlord), shall co nstruct the tenant impro ve ments ("Tenant Finish ") for the Premises in
acco rd ance with the plans and specifica tio ns 10 be prepared by Tenant which plans and
speci fications (the "Plan s and Specifications '') are subject 10 ap proval by Landlord , such approval
not 10 be unre aso nab ly withheld or delayed. Tenant shall also provide a cost estimate of the
Tenant Fini sh which esti mate shall be subject to Landlord 's approval. Tenant shall construct the
Tenant Finish in a good and workmanlike manner ~nd in compliance with all applicable local,
state and feder al ,Jws, rul es and regulati ons. Tenan t shall accept full res ponsib ilir; and ri sk for
construction of the T ~nant Finish and all of Tenant 's co ntractors for pe~so nal prop erty, equipmenr,
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mate rial s. too ls or mac hin ery pl aced or sto red up on the Premi ses durin g che co mpletion of the
peri od .
4.2 Landlord shall pay an allowance ("Tenant Fin is h Allowance"), not 10
exceed two hundred seve nty -five thousand dollars ($275,000) cm,ard s 10 cusl of the cenant
impro ve ment s. The Tenant Fini sh Allowance shall be used exclusively for improvements to the
Prem ises de scr ib ed in th e Plans and Specific at ion s for th,: Tenant Finish approved by Landlord
so long as such co nstruction and equipment shall remair. upon the Premi ses upon the expiration
of the Lease Term and become the so le propert y of Landlord . Exce pt for the payment of the
Tenant Finish All owa nce by Landl ord to Tenant . all cos ts and expe nses related to the Tenant
Finish shall be ac Tenant's so le cos t and expe nse. incl~ding, wi chout limit aci on. architectural and
engineering fee s, labor , macerials. contractor and subc ont racco r cos es, temp orary utilities. permit
fees, gove rnment al .,pprovals
4. 3 Prior to rece ivin g the Tenant Fini sh Allowance from l and lord , Tenan1 mu st
prov id e Landlorr: , ,, 'dence satisfactory to Landlord ch at it has suftlc ie,.: fund s (less the Tenant
Finish Allowance) to compl ete the Tena nt Fi nis h se c forth in the Plans and Sp ec ific atio ns .
4.4 Tena nt shall be enticl eu to draw up on th e Tenanc Finish Allowance from
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time to cime by submittin g a reque s1 for pa yment 10 Landlord upon such form rea so nab ly approved
by Landl ord . Tenant she'! submic no more :han one (I) req uesc fo r paymenc per calendar month
which reque sc fo r payment must be rece ive d by Landl ord by no lat er th an che first day of each
calend ar monlh . All reque sts for payment shall be subj ec t to che following requirements : (i) such •
request for payment shall be certified by Tenant , its genera l co ntraccor and ics archit ec t: (i i)
Tenant shall submit to Landl ord ori ginal mec hani c's lien wa ive rs ex ecuted by all contractors.
sub co ntractor s and s1;ppliers fo r all work and se rvices performed and materia ls supplied wilh
res pe cc to such requ es t for pay ment and otherwise in a form and sub stanc e rea so nabl y acceptable
to Landlord ; and \iii) all other rea so nable requiremenc s of Landlord .
4.5 Tenant shall reimbur se Landlord in an amount equal to one-hal f ( 1/2) of the
Tenant Finish Allow~nce pai d by Landlord ("Tena nt Finish Reimburse ment "). The Tenant Fini sh
Reimbur sement (es tim ated co be $137,500) ,hall be paid in monthl y amortizacion paym•~nts of five
hundr ed seve nty-tw o dollars and nin ety-tw o ce nts (S572.92) (che "Tl Month.ly Reimbur semem "),
which monthl y pa ymenr s shall continue during th e Initial Term and any Option Term . In the even
that thi s Ag reement is terminated for any rea so n. including th e expiration of Jie term or
otherwise , pri or co the complete repa ,ment of the Tenant Finish Reimbursement, Tenant agrees
to immed iate ly repay the unamo rtized portion of the Tenant Fini sh Reimbur ;ement .
5. ~-Tenanc shall us~ the Premises so lel y fo r che purp ose se t forth in Paragraph
K of the Ba sic Lease Terms and shall not perm ic th e Premise s 10 be u. ~d for any other purposes.
Tenant shall . ac it s so le cost and expense pro mpcl y co mpl y with all appli ca bl e law s, starutes,
ordinance s , rule s, regul atio ns, orde rs and req uirement s in effect during the term regu lating th e
use or occ up anc y of 1he Premi ses , ~!eluding che requirement s of an y bo ard c f fire underwriters
or other simil ar body now or hereaft er co nsticut ed . Tenant will not use or permit th e use of rhe •
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Premises in any manner which may tend to create was te or a nui sance, or which may tend to
obstruct or interfere wi th the right s of other tenants of th e Building or the Shopping Center or
injure or annoy them . Tenant hereb y covenants and ag rees neither 10 pennit no r to suffe r any
conduct. noise. or nuisance whateve r abo ut said Premises having a tenden cy to anno y or di srurb
any per sons occ up ying th e Ruilding or adjace nt premises of the Shopping Center .
6. Hazardous Materials . Tenant shall not ca use or pennit any Hazardous Mater ials
(as herei nafter defined) 10 be brought upon , kept or used in or abo ut the Pr emises or the Shopping
Cemer by Tenant , it s ag ents, employees , contractors or invitees, without the prior wrinen conse nt
of Landlord. If Tenant breaches th e ob ligat io ns sta ted in the prec ed ing se nt ence, or if the
pre sence of Haza rdou s Materials on th e Premi ses or the Sh oppin g Ce nte r caused or pennined by
Tenant re~ult s in co ntamin ati on of any porti on of the Buildin g or the Shopping Center , or if
conta mi11a1io n by Haza rd ous Materials otherwise occ ur s fo r which Tena111 is lega ll y liabl e 10
Landl ord fo r da mag e res ultin g therefrom, th en Tenant shall ind emnify , defe,1,t and hold Landlord
harmless from any and all claims. j ud gment s, damages , ~enalties, fines. cos ts , lia bilities or lo sses
(in cludin g. without limit ati on. dimi nutior, in value of th e Prem ises, dam ages fo r the loss or
re str ic ti on on use of rentable or usable si;ace or of any amenity of th e Buildin g, damages arising
from any adverse impact on marketi ng of space . and sums paid in senlement of clai ms . anorne .,s'
fee s. consultant fe es and expe rt fees) whi ch ari se during or afte r the Lease Term as a res ult of
such contam inati on . Thi s indemnifi ca tion of Landl ord by Tenant includes , without limi tat ion ,
cost s incurred in connection with any investi ga tion of site cond iti ons or any clean-up, remediation,
removal or restoratio n work requir ed by an y federal. sta te or local gove rnm enta l age ncy or
politi ca l subdivision because of Hazardou s Materials present in th e air. so il or groundwater on,
within or und er the Premi ses . Without limiting the foregoi ng . if the presence of any Hazardou s
Material s caused or pennined by Tenant result s in any contamination of the Building or the
Shopping Center. Tenant shall promptly take all ac ti ons at its sole ex penses as are necessary to
return th e Buildin g or th e Shopping Center 10 th e condition ex isting pri or to the introduction of
an y such Haza rd ous Materials to the Buildin g or the Shopping Center; provided that Landlord 's
approval of such actio n shall first be obtained . As used he r~in . the tenn "Hazardous Material"
mea ns any hazardou s materi al or to xic sub sta nc e. mat eria l or ,vas te which is or becomes regulated
by any loca l governmental auth orit y. the State of Colorad o or r.he Uni ted States Government. The
term "Hazard ous Material " includes , without lim itation. asbestos, pet ro leu m. crude oil (ar.y
faction thereof), narural gas. natur al gas liquid s. and those sub stances defined as or other similar
designations in the Com prehensive Environmental Re sportse , Comp ertsation and Liability Ac t of
200080 , as amended , 42 U.S.C. Sectio n 960 1 ~ ~. the Re so urce Conservation and Rec overy
Act. 42 U.S.C . Section 690 1 ~ ilil., the Hazardo us Material s Tri.,.•oonation Act , 49 U.S.C.
Sect ion 180 1 ~~and any other gove rnm ent al statutes, law s, ordinances , rule s. regulation s and
precaution s.
7 . Maintensnce, Repa irs and Alterations . Landlord shall have no obligation for
maint enance . rep airs or alterati ons durin g th e term of this Sub-Lease . Throughout the tenn of this
Su b-Lea se. Tenant shall exe rcise due ca re in the use and occu pan cy of th e Premi ses and shall , at
its ex pens ~, keep the Pr emi ses in good co nditi on and repair. and shall be responsible for all
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repairs , maintenance, and replacements to the Premises othe r than any specifica ll y required to be 4.
performed by Master Lessor under the Master Lease . Tenant ag rees to promptly notify the .,>
Landlord or its representative of any accidents or defects in the Premises , of which Tenant
becomes awa re . including defects in pipes, electric wiring and heating, ventilation and air
conditioning equipme nt.
8. Surrender of Premises . Upon the expiration or sooner termination of the Sub-Lease
Term , Tenant agrees to quit and surrender the Premises, bro om-clean. in as good Cl,ndition and
repair. ordinary wear and tear ex.cepted, together with all keys and combinations to \eeks , safes
and l'aults and all improvement s , alteratio ns, addition s. lighting fixrur s and equipment at any
time made or insta lled in, upon or to the interior or exte rior of the Premises (except personal
property. sign s and trade fixrures put in at Tenant's expen se) all of which shall thereupon become
the property of Landlord without any claim by Tenant therefor e, but the surrender of suc h
property to Landlord sha ll nm be deemed to be a pa yment of rent or in lieu of any rent reserved
hereunder . Before surrenderin g the Premise s. Tenant shall (su bject to the Addendum) remove all
of Tenant 's personal property, signs and trade fixrure s and. at Landlord 's option , Tenant shall also
remove any alterations , additions . fixrures , eq uipment and decorations at an y time made or
installed by Tenant in , upon or to the interior or exterior of the Pr emises, and Tenant further
agree s to repair any damage caused thereby . If Tenant shall fail to remove any of Tenant's
personal property and trade fixrures , the n at the option of Landlord, either the same sha ll be
deemed aband oned and bec ome the exc lu sive proper ty of Landlord , or Landlord shall have the
right to remov e and sto re said property, at the expen se of ch e Tenant , witt ~~t further notice to •
or demnnd upon Te.nant and hold Tenant re sponsible fo r any and all charges and expenses incurred
by TP.rn,nt therefor. If the Premi ses are noc surrend ered upon termination of this Sub-Lease,
Tenant sha ll indemnify Landlord against all los s or liability resul (ing fro,., the delay by Tenant
in so surrendering the same , including, without limi tati on, ac ,y claims m·,·-. b:· any succ eeding
occupan t founded on such delay . Tenant's obligations und e, thii; sec tion ·,hall survive the
expiration or sooner termination of the Lease Term .
9. Insurance .
9.1 Tenant 's Insuranc~. Ten ant sh all, during the Lease Term, keep in full
force and effect a policy of commercial genera l public liability insurance with personal injury and
property damage liability limi ts in amount nae less th an $1,000,000 . The policy shall name
Landlord and Lessor as additional insured s and shall contain a clause that the insure r will not
ca ncel or change the insurance witho ut first giving Landlt rd ten (10) da •s prior written notice .
The insu rance sha ll be in an insurance company qualified to do business •• Colora•Jo, and a copy
of the policy or evidence of insura~ce , in form approved by Landlord shall be delivered to
Landlord with in thir ty (30) days of th e exec ut ion of this Sub-Lease.
9.2 Tenant's Prope rty In su rance . Tenant agrees chat it shall keep its furnirur~,
fixrures . merchandi se. equipme nt and all items Tenant is obliga ted to maintain and repair under
this Sub -Lease insu:ed against lo ss or damage by lire and all risk endorse ments . It is understood
and agreed that Tenant assu mes all risk of dam age to its own property arising from any cause •
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whatsoever , including, but without limitation, loss by theft or otherwise .
10. I Indemnification of Landlord . Tenant shall indemnify and hold Landlord
harmless from and against any and all losses , claims and damages arising from Tenant's use of
the Premises , and the Common Area, or the conduct of its business or from any act or omission
to act , activity, work or thing done, permitted or suffered by Tenant in or about the Premises, and
shall funher indemnify and hold Landlord harmless from and against any and all claims arising
from any breach or default in the performance of any obligation of T~nant to be performed under
the terms of this Sub-Lease , or arising from any act or negligence of Tenant or any of its agents ,
licensees or sublessees (to the extent i)Crrnitted h ~rein), contractors or employees, and from and
ogainst all costs, attorneys' fees , expenses and liabilities incurred in connection therewith . In case
any action or proceeding is brought against Landlord by r~ason of any such claim, Tenant, upon
notice from Landlord , shall defend the same at Tenant 's expense by counsel sat i factory to
Landlord. Tenant , as a material pan of the consideration tc, Landlord, hereby assumes all risks
of damage to propeny or injury to person in , upon or about the Premises. The indemnity shall
also apply during Tenant's occupancy of the Premises prior to the commencement of the Lease
Term .
10 .2 Landlord Releas ed From Liability . Landlord shall not be liable for injury
or damage which may t,e sustained by the per~on, goods, wares , merchandise or propeny of
Tenant , its employees, invitees or customers , or any other person in or about the Premises
however or wherever caused .
11 . Dsmage and De struction .
I I.I Notiq;. Tenant shall give immediate written notice to Landlord of any
damage caused to the Premises by fire or other casualty .
11 .2 Building Damage . In the event the Premises are damaged during the term
of this Sub-Lease and Master Lessor is obligated to repair, restore or rebuild the Premises under
the terms of the Master Lease , this Sub-Lease shall continue in full force and effect during such
period of repair, restoration or rebuilding, ancl there shall be no abatement of any payments due
from Tenant under this Agreement. If Master Lessor is not obligated to, or fails to , repair, restore
or rebuild the Premises following such damage , this Sub-Lease shall terminate as of the date of
such damage, Tenant shall make any payment required under 4.5 and each p my shall be released
from any further obligations to the other .
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12. Sublenjng and Assignment. Tenant sha ll not subl et all or any part of the Premises ,
nor assign this Agreement or any intere~t herein , without the prior wrinen consent of Landlord, •
in its sole and subjective discretion. >die by Tenant of all or substamially all of its assets , a
merger of Tenant with another corporat i'ln. or the transfer of fifty percem (50 %) or more of the
beneficial ownership of the stock in a corporate tenant shall constirute a prohibited assignment
hereunder. Consent by Landlord to any one assignment or sublening shall 1101 in any way be
construed as relieving Tenant from obtaining the Landlord 's expre ss wriuen consem 10 any further
assignment or subleuin g.
13 . Co ndemnation . If part or all of the Premise s are taken under the power of eminent
domair., or sold by Master-Lessor under the threat of the exerci se of said power (all of which is
her ein referred 10 as "condemnation "), Tenant shall have the same rights as obligations as
Landlord has as the tenant under the Master Lease; provided , howe ver, any compensa ,ion payable
to tenant under the Master Lease shall be the sole property of Landlord .
14 . Holding Over · Pavments After Termination . If Tenant remain s in possession of
all or any part of the Premises after th e expiration of the term hereof, withom the execmion of a
nev · Lease, such tenancy sh~JI be dee n ed to have creatrd and be construed to be tenancy from
month to month only, terminable on thL-cy (30) da ys wriuen notice by either party to the other on
rh c same terms and condition s as pro vided herein , except nor onl y as to the tenn of this ~-·
Lease, but also except !he Ba se Rent to be paid by Tenant shall be $5 ,000 monthly (which in no
manner •hall be deemed tc con stirute an extension of this Agreement or impair Landlord's abili ty
to terminate on the sam e term s and condition s as termination of a month 10 month le ase); •
provided , however (i) no pay ment s of mone y by Tenant 10 Landlord after the temtination of this
Sub-Lease, i.1 any manner , or after giving of any notic e (other than a demand for payment of
money) by Landlord to Tenant , shall reinstate , continue or extend the term of this Sub-Leas e or
affect any notice given to Tenant prior to the payment of such money. It is agreed !hat after th e
service of notice or the commencement of a suit or after final judgmem granting Landlord
posse ssi on of th e Premi ses . or after any oth er exerci se of Landlord 's right s and remedies
hereund er . then !he payment of such sum s of mone y, whether as rent or otherwi se, shall not waive
said not ice, or in any manner affect an y pendin g suit or judgment .
15. Entrv bv Landlord. Landlord. :is agents sh all ha ve the right 10 enter the Premises
at all rea sonable times. Tenant shall permit Landlord to show the Premi ses 10 prospective tenants
and place "For Lea se·· sign s on th e Premi ses or in s11ch locations as will not rea so nably interfere
with Ten ant 's us e of the Premi ses . If Tenant sh all 001 be per sonall y pre sent 10 open and permit
any emry into the Premi ses at any time when such entry by Landlord , Landlord may toter by
means of a master key without liability 10 Ten ant and without affecting thi s Sub -Lease . If, during
the last month of the term or extension there of. Te nant shall have removed sub stantially all of its
property therefrom , Landlord may immediatel y enter ~nrl alter, renovate and redecorate the
Premi ses without eliminati on or abat ement of rent or incurring liabili ty to Tenant for any
compensation .
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B . PROGRAMMING
I. Tenant agrees that during the tenn nf this Agreement, in cluding any Option Tenn
th at it shall:
(a) Present four (4) programs within each ca lendar year open to the public at
no charge for admission . The programs shall be presented in th e outdo1r piazza areas at the City
Center Englewood . Two of such shows shall be deemed "majo r" and two shall be deemed
"'minor ":
(b) Offer to all re sidents of the City of Englewood and all merchants and their
employees within the City Center Englewood Comple ., di sco unts in the amount of 15 % for all
tuition , classe s am! admission to all self-produced perfonnances of Tenant perfonned in the
Denver metropolitan area;
(c) Offer scholarships to residents of the City of Englewood who present
suffic ient :viden ce that tlteir income is below the inc~r.,e le ve l of $31 ,050 for a family of four or
otherwis e com pl y with thr [nglewood Hou sing Author ity Guidelines for fa llin g below "poverty
limits"; and
(d) Cooperate and network with the Englewood Publi c Schools and the
Englewood Parks and Recreation Dis trict in develc,pment of dance classes and progra'1lllling .
2. Landlord agrees to help defray the cost of Tenant 's move from its existi ng locatio n
to the Premises and to provide the above programming by making payments in the total sum of
$190,000 during the first four (4) years of this Agreement as follows : $90,000 du ring the first
year of this Agreement. $50 ,000 during the second yea r, and $25,000 each during the third and
fourth years of this Agreement. The pay ments shall be mad e July I" and January 15" of each year
in the amount of or.e-ha lf of the annual payment ; provided , however , the first payment of $45,000
shall in no event be made prior to Tenant taking occupancy of the Premises and commencing its
busine ss activities with the public . In the event this Agreement is terminated prior to end of the
fourth year, Landlord shall not be ob li ga ted to make an y remaining payments. Landlord's
agreement to make the payments above de sc ribed arc express ly contingent up on Tenant's
agreement to provide the programming as described in Paragraph I of this Section B.
C. DEFAULT
I. Tenant 's Default.
1.1 Defau lt. If drfau;t shall be made in the pay ment of any sum to be paid by
Tenant under this Agreement, and such default shall continue fo r five (5) days . or default shall
be made in the perfonnance of any of the oth er covenants or conditions which Tenant is required
to observe and to perfonn, and such default shall continue for twenty (20) days. or if th e in!erest
of Tenant under this Sub -Lease shall be levied upon und er execution or other le ga l process, or if
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any petition shall be filed by or agai nst Tenant to declnre Tenant a debmr under the Federal •
Bankruptcy Code , for the reorganization or rehabilitation of Tenant or to delay , reduce or modify
Tenant 's debts or obligations , or if any petition shall be filed or other action taken to reorganize
or modify Tenant 's capital strucrure if Tenant is a corporation or other entity, or if Tenant be
declared insolvent acco rdin g to law , or if any assignmeDI of Tenant's property shall be made for
the benefi t of creditors , or if a rece iver or lruStee is appointed for Tenant or Tenant's prop erty ,
or if Tenant fails to take po ssessio n of the Premi ses on the commencement date of the term of this
Sub -Lease or thereafter fails lO occupy and condLct its bu si ne ss on the Premi ses on a substantiall y
continuous basis, then Landlord may treat th e occ urrence of any one or more of the foregoing
events as a default under this Agreement (p, .vided that no such levy, execu:ion, legal process or
petition filed against Tenant shall constirute a default u 1d er thi s Sub-Lease if Tenant shall
diligentl y contest the same by approp ria te proceed ings and shall re move or vacate L~e same w;,hin
twenty (20) days from the date of its creation. se rvice or filing ).
1.2 Remedi es . In the event of a default und er thi s Agreement by Tenant ,
Landlord shall have all of the following remedi es , in addi ti on to all ri ghts and remedie s prov ided
at law or in equity :
I.'.!. I Landl ord may terminate this Agreeme nt and forthwith repos sess
th e Premi ses and be entitled to re cove r as damage s a sum of mone y equal to the total of (i) the
cost of recovering the Prem ises, including Landl ord's anorne ys ' fe es ; (ii ) the unp aid Base Rent .
if applicable , and additional rent ea rned at the tim e of termination . plus int eres t th ereon at the rate
of eighteen perce nt (18 %) per annum ftom the due date : (iii) the bal ance of the Base Rent , h-•
applicable . for the rema ·od er of the Lease Term less the re aso nable rental value if subleased und er
the term s of this Sub -Lease; (iv) damages for the wrongful withholding of the Premises by Tenant;
(v) the unpaid balance of the Tenant Impro vement Reimbur se ment as provided in Paragra ph 4.5
of Section A above, (v) any other sum of money and damage s owed by Tenant to Landlord .
l.2 .2 Landlord may retake po ss ession of the Premi ses and shall ha ve the
right but not the ob li gatio n, without being deemed to ha ve accepted a surrender t11e reof. and
without terminating thi s Sub -Lase , to rele t the same for the remainder of the term p·ovided fo r
herein u:,on term s and ca nditi r,ns Sati sfactor y to Landlord ; and if the rent received Li nu~h such
re letting does not at least equal the Bas e Rent , if applicable , and additional rent p';uv;.:i :d for
herein, Tenant shall pay and sati sf/ any de fic ienc y betw ~en the amount of the rent ,_., pr Jvi ded
for 2nd that recei ved through rel etti ng; and , in addi tion, Tenant shall pay all reasonable ex:,enses
incurred in co nnection wi th any such reletti ng , including , but not limited to , the cost of
renovating , altering and decorating for an occup ant and lea sin g co mmi ss ion s paid to any real
estate broker or agent and attorneys' fe es incurred .
1.3 Lat e Charge s. Tenant hereby acknow ledge s th ,I the tim ely payment of the
amount s required under thi s Agreement is of the esse nce and that late pay ment by Tenant to
Landlord of an y sum s due hereunder will ca use Landlord 10 incur costs not contemplated by this
Sub -Lease, the exac t amount of which will be extremely difficult to ascertain. Such costs include,
but are not limited to. processi ng and accounting charge s and late charges which may be imposed •
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on Landlord by the tenns of any mortgage or tru st deed cove rin g the Premis es. Accordingly, if
a:ny rent or other su m due from Tenant shall not be received by Landlord or Landlord's designee
within five (5) days after the said amount is due, Tenant shall pay 10 Landlord a late charge , equal
to five perce nt (5 % ) of such overdue amount . The partie s her eby agree that such late charge
repre se nts a fair and rea so nable estimate of the ccst Land:ord will incur by reason of late paymenc
by Tenant . Acceptance of such late charge by Landlord shall in no event constitute a waiver of
Tenant 's default with respect to such overdue amount no ,· prevent Landlord from exercising any
of th e ot~er right s and remedies granted hereunder .
1.4 Master Lea se Remedies . Land lord shall also have the same remedies with
regard to a default by Tenant as Master Le sso r bas with respect to a default by rhe tenant under
the Master Lease .
1.5 Cumulative Remedie s. Suit or suit s for the recovery of the rents and other
amounts and damages set forth hereinab ove may be brought by Landlo rd , from time to time, at
Landlord 's e lec tion and nothing herein shall be deemed to require i..andlord to await the date on
which this Sub -Lease or the tenn hereof wou ld ha ve expired by limitation had there been no such
default by Tenant, or no such termination , as the case may be. Each ri ght and remedy provided
for ,~ this Sub-Lease shall be cumulative and shall be in additio n to every other right or remedy
pro vided for in this Sub-Leas e or hereafter existing at law or in equicy or by statute or otherwise
including t ut not limited to suitj for inj uncti ve relief and specific perfonnance . The exercise or
heginning of the exerci se by La ~:llo rd of any or all other rights ,1r rem edie s provided for in this
Sub -Lease or now or hereafter existing at law or in equity or b:, statute or mherwise shall not
preclude the simultaneou s or later exe rci se b:r Landlord of any o~ all other rights or remedies
prv.,ided for in thi s Sub -Lea se or now or hereafter existing at law or in eq uicy or by statute or
otherwise. All such right s and remedies shall be considered cumulative and nonexclusi ve . All
coSIS incurred by Landlord in connection with co llecting any rent or other amounts and damages
owing by Tena nt pursuant to the provisions of this Sub-Lease , or to enfo rce any provision of this
Sub-Lease. including reasonable attorneys' fees from the date such matter is turned over to any
auorney . whether or not one or more actions are commenced by Lan~:ord, shall also be
recov erable as damage s by Landlord from Ten ant .
1.6 No Waiver. No failure by Landlord 10 insist upon the strict perfonnance
of any ag reeme nt . term , covenant or condition hereof or to exerci ~e any right or remedy
consequent upon a breach thereof, and no acceptance of full or partia l rent during the continuance
of any ."och breach , shall constitute a waiver of any such breach or of such agreement, tenn,
covenant or condition . No agreeme nt , term, covenant or condition hereof to be perfonned or
complied with by Tenant. and no breac h th ereof , shall be waived , altered or modified except by
written instrume,it executed by Landlord . No waiver of any breach shall affec t or alter this
Agreement, .but eac h and eve ry agreement , term , cove nant and co ndition hereof shall continue in
full force and effect with respect to any other then existing or subseq l• ,nt breach thereof.
Notwithstanding any tenninati on of this Agreement. the sa me sha ll cootinue in force and effect
as to any provi sio ns which require observance or perfonnance by La ,tdlord or Tenant subsequent
to such termination .
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1.7 La ndl ord 's Li en . Tenant hereby grant s to Landlord a sec uri cy interest in •
all per so nal prop ercy of Tenant now or hereafte r loca ted on the Premi ses as sec uricy for the
performance of Tenant 's obligations under this Sub -Lease. Tenant covenants and agrees , upon
reque i t by Landlord from time to tim e, to execute and deliver .uch financin g state ments as may
be necessary or desirable to perfect the sec uri cy interest here by grant ed. In the even of a Defa ult
by Tenant , Landlord ma y foreclose the sec uricy interest grant ed in any manner pennitted by law .
D. ~USCELLANEOUS
I. Time is of the Essence . Time is of the essence.
2 . Se verabi lit y. The in validi ty of any provi sio n of thi s Agreement, as dete lmined by
a co urt of co mpetent juri sdicti on, shall in no way affect th e va lidi cy of any other provision hereof .
3. Entire Ag reem ent . Thi s Agreement . along with any exhibits or attac hm ents hereto,
co nstinnc s the entire ag reement between the parties relat ive to the Premi ses and Programming ,
and there are no oral ag ree ments or repr esenta ti ons between th e parties with res pect to the subj ec t
mau er here of. This Ag ree ment super sedes and ca ncel s all prior ag reements an d under standin gs
with re spect to the subje ct matter hereof. Thi s Ag ree ment may be modified only in writing .
signed by the parti es in inte res t at the tim e of modification .
4. Rec ordin g. Thi s Ag ree ment shall not lie reco rded aud any reco rdation shall be a
breach under thi s Agreeme nt . •
5. Binding Effect · Choic e of Law. Subject to any provisions hereof re strictin g
assigning or subletting by Tenant and subj ect to the provisions for the transfer of Landlord 's
interest, thi s Agreement shall bind the parti es. their suc cesso rs and ass igns. Thi s Agreement shall
be governed by the laws of the State of Co lorado.
6. Authori ty. Each indi vid ual execmir.5 th is Agree ment on beh alf of the resp,ctive
partie s repre se nts and warrants that he is dul y authori zed to execute and deliver this Agreement
on behalf of such parcy in accordance with a dul y adopted re so luti on of its Boar of Directors and
in accordance with its By-Law s . and that thi , Agreement is binding up on eac h parcy in accordance
with its terms .
7. Notices. All not ices or demand s of every kind requir ed or desired to be given by
Landl ord or Tenant hereunder shall be in writing and shall be de emed delivered forcy -eight (48 )
hours after depositing th e notice or demand in th e United States mail. certified or registered,
po stage prepaid. address ed to the Landlord or Tenant at the add re ss es set forth in Paragraph J of
th e Summar• of Bas ic Leas e Terms .
8. Subject to Annual Appropriation . Any pro v1S1on of thi s Agreement or the
attachments which impose upon Lan dl ord , directly or indir ec tl y. any financial obligation
whatsoever to be performed or which ma y be performed in any fiscal yea r sub se quent to the year •
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of execution of this Agreement is expressly made contingent upon and subject to funds for such
financial obligation being appropriated, budgeted and otherwise made availab;~ by the City
Council of the City of Englewood, Colorado for the benefit of and use by the Englewood
Environmental Foundation, Inc .
IN WITNES S WHEREOF, Landlord and Tenant have executed this Agreement as of the
day and year first above wrinen.
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TENANT : David Taylor Dance Studio ,
a Colorado not for profit corporation
By: __________ _
Its : ____________ _
Name : ___________ _
LANDLORD: Englewood Environmental
Foundation , Inc ., a Colorado not for profit
corporation
By: ___________ _
Its : ____________ _
Name : ____________ _
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COUNCIL COMMUNICATION
Dale
May 6, 2002
Agend a Item
11 C iii
Subje ct
Reso lut io n su pporti ng a su b-lea se
agreeme nt between the Eng lewooc'
En•:ironme ntal Foun dation, Inc. an d th e
David Taylor D ance Th ea tre for space in
th e lower leve l of th e Ba il y's Bui ldi ng
INITIATED BY
City Managds Office I
STAFF SOURCE
Michae l Flaherty, Assis tant City Manager
COUNCIL GOAL ANO PREVIOUS COUNCIL ACTION
In 1 ~qe City Counci l designa ted approximately 15,000 square fee t of space on th e seco nd floor of th e
En glewo:id Civi c Center fo r fu ture cu ltural uses. The David Taylor Dance The atre (DTDT) had origi nall y
bee n pro~osed as part of the City's cu ltural facili ties on the second floor of Civic Ce nter. However, due
l o stru ctu ra l iss ues, th e City and DTDT jointly determi ned that their plann ed use was not feas ible. Si nce
th at time, City staff has worked with DTDT to fi nd an al ternate location within CityCente r. After
discussions with represe ntatives of M ill er-W eingarten and Tryba Arc hitects, the City and DTDT
deter m ined th at space on the lower level of th e p roposed Bail y's buildin g as the prefe rr ed location fo r
DTDT. O n A ugust 21 , 2000. Ci ty Coun cil ap proved by m oti o n two "dea l sh eets" that estab li shed the
b as ic te rms and co nditions fo r a lease between M ill er-Wei n ga rt en and the Eng lewood Environmental
Fo undation (EE F) fo r lease of th e th e space and a subseq uent sub-lease Jgree ment between EEF and
David Tay lor D ance Th ea tre (DTD T).
RECOMMENDED ACTION
Staff recommends council approval of th e reso lution su pportin g the Englewood Envi ronme ntal
Fou nda tion to enter in to th e sub -lease agreement with DTDT.
BACKGROUND
In an effort to ac tivate an d energize CityCenter Englewoo d and to provid e for a unique character to th e
development, th e City has ex plored oppo rtun iti es fo r cooperat ion w ith cultural orga ni za tions at
CityCe nter. City Co un cil has allempled over th e past three years l o se cu re th e D av id Tay lo r D ance
TI,ea tre as a pa rt of th e CityCe nler Englewood project. Th e City seeks 10 sup port th e En glewood
Environm ental Foundati o n in thro ugh the sub-l ease and program ag ree ment with DTDT fo r use of
approximately 8600 sq. ft . in the lower level of th e Bail y's Bu ilding and provision by DTDT of
p rogram min g incl udlin g four annual performances l o be held at CityCen ter Englewood, disco unted class
offerings 10 Englewood residen ts and bu sinesses and through coop era tion w it h En glewood Parks and
Rec rea tio n Department .,nd th e Englewoo d Sc hools .
FINANCIAL IMPACT
By City of Eng lewood
Maximum City all owa nce for tena nt fi ni sh of space
Staircase pa yments 10 DTDT by Ci ty over fo ur years -
$ 275,000
Year 1 -$90,000, Year 2 -$50,000, Years 3 & 4 -$25,000 each,
payabl e in se r,,i-annua l pay ments .
$190,000
Funding for the tenant finish allowance and first year of programming payments are available from a
previous appropriation made by the Citv and transferred to EEF .
Benefi t to City of Englewood
Payments by David Taylor
Programming by David Taylor
$ 137,SOO •
$ 360,000-i n-kind ••
• Re imbursement payments of $6875 annually for the initial five year term. The reimbursable
payments to th e City over 20 yea rs possible under the term of the lease (five years, plus thre e optional
five yi,ar periods) is $137,000, or one-half of th e City's tenant finish allowance. Rental payments are
su bj ec t to negotiation for each additional five year option period, afte r the initial five year term .
•• ~stimated programrrun g costs and discounts as required of DTDT during initial five year term
LIST OF ATTACHMENTS
Deal Sheet
Council Resolution
Sub-lease Agreement
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PARTIES:
SUB-LEASED
PREMISES:
TRANSACTION
TYPE:
TERM:
PRICE:
DEAL SHEET
DAVID TAYLOR
Englew ood Environmental Foundation , Inc., Land.lord and David
Taylor Dance Th eatre , a non-profit co rp., Lessee .
Approximately 9,200 square feet on the first (ground) floor of the
proposed Baily's Building. The loca tion of the subleased premises
shall be determined by EFF in its sole di scretion.
Sp ace lease .
Five (5) years with three , fiv e year op ti ons to re new.
A. Costs to Davi d Taylor Da nce Theatre:
I. Monthly Rent. A fiv e yea r lease, with monthly "rent"
payments of $572.92 , with renewable options every 5
yea rs.
2. Th e Da vid Taylor Dance Theatre would provide a payback
to EEF of one-half (1/2) of EEF's additional "final tenant
finish costs" amount, ofup to $137,500, over a five year
period . This payback would amount to .. reimbursement"
of $6,875 per year. If the lease is terminated before this
twenty year period, the total shall become due upon s uch
termination.
3. For the term of the le ase and any renewals:
Th e David Taylor Dance Theatre would present four
programs annually in the outdoor piazza areas at City
Center Englewood, free to the general public: two of these
bein g "m ajor", and two "2" being "minor", as originally
descri bed to Council in the May 11th proposal [See
Exhibit A].
The David Taylor Dance Th eatre would offer all
Englewood residents and City Center Englewood complex
merc hants discounts on classes and self produced
performances the David Taylor Dance Theatre presents
elsewhere in the metro area.
Th e David Taylor Dance Theatre will offer scholanhips t.o
ALL Englewood Resi dents who fall below the "poverty
limit" income for a famil y of four ($~1 ,050) as stipulated
by the Englewood Hou sing Authority.
NOTE:
NOTE :
Th e David Taylor Dance Theatre would cooperate and
network with Englewood Public Schools and the
Englewood Parka and Recreation toward developing
dance classes and programming.
B. Costs to Englewood En vironme nt.al Foundation :
I. The "co re & s hell" fini s h (based on Miller Weingarten'•
updated estimau, of $57.50 sq.lft.) with a final amount not
to excee d $62 9,000 .
2. An aJditional amount not to exceed $2 76 ,000 allocated by
EEF for "final uinant finish costs" in the new David
Taylor Dance Theatre 9,200 sq.ift. apace to be paid upon
completion of tenants' obligations under this Agreement.
3. $72 ,000 paid to the David Taylor Dance Theatre during
the first year of occupancy to help offset moving expenses,
advertising , and programming costs, as part of a total of
$240,000 paid to David Taylor Dance Theatre d uring only
th e fir st five years of the twenty year lease. on the
"staircase" payment pion as cuUined in David Taylor
Dance Theatre's May 11 •h proposal [See Exhibit A):
$72 ,000 during the fir s t year of occupancy; $60,000 during
the second year; $48 ,000 the third year; $36,000 the
fourth ; and $24 ,000 during the fifth year.
Price does not include any tap fees, (any tap fees required as a result of
increasing size of building will be obli gation of EEF).
All tenant finish not included in Exh ibit Bis the responsibility of David
Tay lor Dance Theatre.
CONDITION OF THE
LEASED PREMISES: EEF shall deliver to David Taylor Dance Theatre the leased
premises in the condition set forth on Exhilill.A , with the
following limitations.
I. $529,000 for the "core & shell" finish (based on Miller
We ingarten'• updated estimate of $67.60 sqJft.).
2. An a dditional amount up to a ceiling of $276,000 allocated
by the City for "final ten ant finish costs" in the new David
Taylor Dance Theatre 9,200 sq./ft. apace.
Painting and floor finishin g, studio dance floor and carpet, and
any and all other costs above $276,000 , will be the
responsibility of David Taylor Dance Theatre.
CON'l'INGENCY DATE : In the event David Taylor Dance Theatre fails to provide
evidence, satisfactory to EEF that David Taylor Dance Theatre
has sufficient funds to compl ete the project by July I, 2001 ,
ei ther party shall have the op tion to ca ncel this lease.
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OBLIGATIONS OF
TENANT:
CAM CHARGES:
TA..'CES :
USES:
ASSIGNMENT
AND SUB-LET:
MAINTENANCE
AND REPAIRS:
DAMAGE:
DESTRUCTION;
INSURANCE:
I. Provide design with cos t estimates for the leased space.
The de s ign shall be at leas t equal to the Civic Center
standards .
2. Cooperate with EFF in completing the design of the
len sed premises to meet the re quirements of the general
contractor of the building.
:i. Provide evidence of s ufficient funds to complete tenant
fini s h as des igned.
4. Compl ete all =final tenant finish" according to approved
plan including any items not provided by the landlord as
des cribed in "Exhibit B".
David Tayl or Dance Theatre shall pay a pro rata share of the
CAM charges (as provided in the CAM Agreement with
WalMnrt as supple mented by the Joinder Agreement between
EEF and WME, referred to herein as the "Site CAM charges"),
based upon square footage of the building. David Taylor Dance
Theatre sh all also pay a pro,rotn charge of any building CAM
costs (i.e . building ins•.u-ancc , utilities, taxes [see below],
common mnintenance etc.) David Taylor Dance Theatre will
provide its own janitorial .
David Taylor Dance Theatre shall have the right to have the
Lensed Premises determined to be tax exempt, and WME shall
coope rate with David Taylor Dance Theatre in obtairung a tax
exemption. To the extent the Leas ed Premises are not exempt,
EEF shall pay a pro rata sh are of the real estate taxes based
up on the square foota ge of the building.
Dance lessons and rehears als with related office and storage
uses.
Th e Lessee may not assign or s ublet the leased premises.
Tcuant is res ponsible for a ll ins ide premis es costs including
repair and maintenance of wall s, re s trooms and plumbing,
HVAC , and electrical.
Tenant ma intains its pro-ra ta shore of fi.r e and casualty
insurance maintained by owner as part of building CAM
charges . Te nant will also m aintain liability insurance.
COMMON AREA : Cost to moi ntnin any common areas inside building, if any, will
be port of the Building CAM charges and ■bored by the
Landlord -David Taylor Dance Theatre, pro-rota baaed on
sq uore footage.
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