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HomeMy WebLinkAbout1981-01-14 EDDA MINUTESBRADFORD PUBLISHING CO ., DENVER Board Members Present: Board Members Absent: Staff Members Present: Guests & Visitors: RECORD OF PROCEEDINGS ENGLEWOOD DOWNTOWN DEVELOPMENT AUTHORITY BOARD OF DIRECTORS REGULAR MEETING Wednesday, January 14, 1981 • Allen, Coleman, Gasson, Glenn, Holthaus, Kaufman, Maxwell, Mausolf, Neal, Robohm Artz berger C. Thompson, D. Thompson Kelly Oliver, Marilyn Barbeau, Susan Powers, P.ich Wanush Paul Beattie, Buffy Gilfoil, Sam Kaufman Chairman Holthaus called the meeting to order at 12:14 P.M. After introductions were made Chairman Holthaus called for the approval of the minutes of the Special Board Meeting dated December 30, 1980. Upon motion by Kaufman, second by Robohm, the minutes were approved. Motion carried. Board Treasurer Gasson then presented the Bills for Payment in the amount of $10,488.07 with an addition of $42.00 to Dorothy Thompson for part~time tem- porary help. Mr. Oliver was then asked to provide the board with an update on parking lot and landscaping and how much of the original $10,000 enc~mbered was paid to his firm. Mr. Oliver will provide the Board with the accounting and stressed to the Board that the Board needed to proceed with Phase Two of the plan, which is getting bids for landscaping planting in March. Upon motion by Allen, second by Robohm the bills for payment were approved for payment. ¥.otion carkied , A report by Y~rilyn Barbeau of Oliver-Hellgren regarding the billing for the extra excavation was given. Ms. Barbeau also informed the Board that the C~ty of. Englewood will be receiving the bills from the contractor and will provide a breakdown of costs. Mrs. Holthaus reported to tae Board that "'employee parking" signs would be more expensive and the City did not have any "Handicapped Parking" signs. Also, regarding time limit enforcement, the Boars would be required to have additional signage at the ends of each row of parking. Rich Wanush recommended to the Board that instead of the extra expense for "employee parking" signs the Development Authority could send letters to businesses in their area requesting that business owners and employees use the far parking spaces thereby leaving the most convenient spaces for the customers. "Small car parking" signs will be locrated at the North and South ends of the lot. It was determined that the Executive Committee will designate where the employee parking areas will be. Mr. Wanush also reminded the Board that at the City Council on January 19th the resolution to purchase the walk-thru property will be read. He also stated the Board and City needed to meet and determine the ownership and maintenance re- sponsibilities. Architect Oliver stressed to the Board the need to start the second phase of the project. Upon motion by Allen, second by Glenn, the Board approved the Architect to start proceedings on the landscaping plans. Motion carried. The need for a representative to the City/E.D.D.A./Brady planning team was discussed and Fred Kaufman will be the representative with Allen as alternate until a Dirextor is hired by E.D.D.A. Upon motion by Neal, second by Robohm, Motion carried. The Director Search Committee Report was presented by Board member Neal. The Committee recommended to the Board that the professional Public Management Con- sultants firm of Reaume Associates be hired to recruit the "right" person for the job. The cost of services would be expenses and 20% of the candidates starting salary. Discussion followed regarding the expense. Upon motion by Allen, second by Coleman, it was determined that the Search Committee would review the applications from the City's search for a Community Development Director and screen those inter- ested in the position and if there was no one qualified from those candidtates, then the committee would proceed with a nation-wide search. Motion carried. e P2 E.D.D.A. Regular Board of Directors Meeting January 14, 1981 Board Chairman Holthaus called for the reactivation of all committees until a new director is hired. They are as follows: Transportation -Maxwell Goals & Objectives -Kaufman Real Estate -Allen Finance -Gasson Board Treasurer Gasson reported that was the time to initiate Tax Increment Financing within the district. A financing package is needed now and the Board informed City personnel that they would request Loring Harkness to pursue the matter. Board President Holthaus informed Buffy Gilfoil, writer of the new E.D.D.A. news- letter that the Boatd would like to review a draft of the first edition at the next meeting. Under Board Members Choice, Board member Allen asked what arrangements had been made to compensate Ms. Thompson during her term of managing the E.D.D.A. offices. Ms. Thompson informed the Board she had been given authorization for over-time pay and 2 days with temporary help. Ms. Thompson requested more temporary help time until Mrs. Burger returned from vacation. The Board agreed to let Ms. Thompson use her judgment on temporary help time. Board member Kaufman stated he had been in contact with District Attorney Gallaghar regarding short check prosecution. Mr. Kaufman recommended that d.b.a./ENGLEWOOD lobby the D.A.'s office to continue efforts to prosecute short check writerd $50.00 and above. Ms. THompson, Director of d.b.a./ENGLEWOOD stated she would contact her Board regarding the matter. Upon motion by Allen, second by Kaufman, the Board adjourned at 1:42 P.~. Respectfully Submitted, .. e FORM OF ACKNOWLEDGMENT I R USE BY INDIVIDUAL TENANT STATE OF COLORADO, _____ and County of _____ _ } "· 19 This lease was acknowledged before me this ,by My commission expires day of FORM OF ACKNOWLEDGMENT FOR USE BY CORPORATION TENANT STATE OF COLORADO, _____ and County of _____ _ This lease was acknowledged before me this day of 19 , by My commission expires 0 ~ '1::1 c:! "" w. 0 0 0 < I;.) t"" 0 ~ z ~ (al rn -< (al ...:l I;); ~ .... ~ -~ ~ .... .... ~ I;); I ~ ~ ~ .I 0 CQ ~ Landlord and Tenant. Notary Public Landlord and Tenant. Notary Public 8 C, z :c V, :; a, i C er ..., 0 ... ~ C ~ ~ ~ a, ~ ~ ..., ~ 0 ~ , --e 1--- Grant 1. THIS INDENTURE OF LEASE WITNESSETH, That HAMPDEN PLAZA ASSOCIATES a corporation organized under the laws of the State of COLO RADO hereinafter called the Landlord, does hereby demise and lease unto ENGLEWOOD DOWNTOWN DEVELOPMENT AUTHORITY hereinafter called the Tenant, the premises known and described as 150 approx. 563 sq. ft. @ $11.34 per sq. ft. inthe HAMPDEN PLAZA Buildingat 3535 South Sherman in the City of ENGLE w Q Q D , ft ate of Colorado, for the term of Term Two (2) years . beginning on the F1 rs t and ending on the Thi rt i et h unless the term hereof shall be sooner day of May day of April , 19 ::, , 19 , erminated as hereinafter provided. \ Rent 2. IN CONSlt.JERATION of said demise, the Tenant agrees to par to the Landlord as rent for said premises for the full term aforesaid the total sum ofTWELVE THOUSAND SEVEN HUNDRED SIXTY-($12 768 72)Dollars payable as follows: EIGHT AND 7 2 /1 00. -, · ' in monthly installments of FIVE HUNDRED THIRTY=TWO AND 00/10 ($532.00}. which said sums shall be due and paya ·e in advance on the Fi rs t day of each and every calendar month during sa;. term at the office of Landlord, or such other place in the City of as the Landlord from time to time in writing may desigr. ate. SERVICES 3. The Landlord agrees, during the period of this lease: To heat the demised premises whenever ne.ce11ary during ree ,;onable business hours or customary heRting season. To provide the use of the passenger elevators (if the building is so equipped) at all times during reasonable business hours, Sundays and holidays excepted. To provide janitor service for the demised premises. To cause to be supplied, during ordinary business hours, a reasonable amount of electric current for light- ing said premises and public halls, during the time and in the manner customary in said building. Tenant agrees to use only such electric current as shall be supplied by Landlord for lighting and shall pay on de- mand for use of electric current for any other purpose, or for any waste of electric current. · Tenant agrees that Landlord shall not be held liable for failure to supply such heating, elevator, janitor or lighting services, or any of them, when such failure is not due to gross negligence on its part, it being under- stood that Landlord reserves the right to temporarily discontinue such services, or any of them, at such times as may be necessary by reason of accident, repairs, alt- erations or improvements, or whenever, by reason of strikes, lockouts, riots, acts of God, or any other happen- ing, Landlord is unable to furnish such services. Tenant agrees that if any/ayment of rent as herein provided shall remain unpai for more than twenty (20) days after the same shall become due, Landlord may, without notice to Tenant, discontinue furnishing light- ing, heating and janitor services, or any of them, until all arrears of rent shall have first been paid and dis- charged, and that Landlord shall not be liable for dam- ages, and that such action shall in no way operate to release Tenant from the obligations hereunder. CHARACTER OF OCCUPANCY 4.Tenant agrees that the demised premises shall be used and occupied only as ___________ _ Reoeral offices in a carefu 'safe and proper manner, and that it will pay on demand for any damage to the premises caused by the misuse of same by it, ar its agents or employees; That it will not use or permit the demised premises to be Used for any purposes prohibited by the laws of the United States or the State of Colorado, or the ordi- nances of the County . That it will not use or keep any substance or material in or about the demised premises which may vitiate or endanger the validity of the insurance on said building or increase the hazard of the risk, or which may prove offensive or annoying to other tenants of the build mg; That it will not permit any nuisance in the demised premises. ALTERATIONS 5. The Landlord shall have the right at any time to enter the demised premises to examine and inspect the same, or to make such repairs, additions, or alterations as it may deem necessary or proper for the safety, im- provement or preservation thereof, and shall at all times have the right, at its election, to make such alter- ations or changes to other portions of said building as it may from time to time deem necessary and desirable. Tenant shall make no alterations in or additions to the demised premises without first obtaining the writ- ten consent of Landlord, and all additions or improve- ments made by the Tenant (except only movable office furniture) shall be deemed a part of the real estate and permanent structure thereon and shall remain upon and be surrendered with said premises as a part thereof at the end of the said term, by lapse of time, or otherwise . SUBLETIING 6. Tenant agrees that it will not sublet the demised premises, or any part thereof, nor assign this lease, or any interest therein, without the written consent of the Landlord first had and obtained. INSOLVENCY 7. Any assignment for the benefit of creditors or by operation of law shall not be effective· to transfer any rights hereunder to the said assignee without the writ- ten consent of the Landlord first havin!f been obtained. It is further agreed betweep the parties hereto that if Tenant shall be declared insolvent or bankrupt, or if any assignment of Tenant's property shall be made for the benefit of creditors or otherwise, or if Tenant's leasehold interest herein shall be levied upon under execution, or seized by virtue of any writ of any court of law, or a Trustee in Bankruptcy or a Receiver be ap- pointed for the property of Tenant, whether under the operation of State or Federal statutes, then and in any such case, Landlord may, at its option, immediately, with or without notice (notice being expressly waived) terminate this lease and immediately retake possession of said premises, using such force as may be necessary, without being guilty of any manner of trespass or forci- ble entry or detainer, and without the same working any forfeiture of the obligations of Tenant hereunder. In case the Tenant is adjudicated a bankrupt, or pro- ceeds, or is proceeded against under any laws, State or Federal, for relief of debtors, or in case a receiver is appointed to wind up and liquidate the affairs of the Tenant, the Landlord, at its election, shall have a prov- able claim in bankruptcy or receivership in an amount equal to at least the sum of the last five monthly pay- ments of the rental provided for herein, which sum is fixed and liquidated by the parties hereto as the minimum amount of the damages sustained by the Landlord as a result of the bankruptcy or receivership of the Tenant, and the amount of said damages may be satisfied, at the election of the Landlord, out of any moneys or securities deposited hereunder as security for the payment by the Tenant of the rent herein pro- vided for. BREACH 8. The Tenant agrees to observe and perform the conditions and ag-:-eements herein set forth to be ob- served and performed by the Tenant, and further agrees that if default be made by the Tenant in the payment of said rent, or any part thereof, or if the Tenant shall fail to observe or perform any of said con- ditions or agreements, and such default shall continue for a period of five (5) days, then and in that event, and as often as the same may happen, it shall be lawful for the Landlord, at its election, with or without previous notice, to terminate this lease and to re-enter and re- possess itself of said premises, with or without legal ···=========--==- Form SU-STANDARD OFFICE LEASE-8.0.M.A. Bradford Publi1hin1, 5825 W. 6th Ave .. Lakewood, CO 80214-(303) 233-6900-4-82 .. '[ e proceedings, using such force as may be necessary, and to remove therefrom any personal property belonging to the Tenant without prejudice to any claim for rent or for the breach of covenants hereof, or without being guilty of any manner of trespass or forcible entry or detainer. PREMISES VACATED DURING TERM OF LEASE 9. If the Tenant shall abandon or vacate said prem- ises before the end of the term of this lease, the Land- lord may, at its option and without notice, enter said · premises, remove any signs of the Tenant therefrom, and re-let the same, or any part thereof, as it may see fit, without thereby voiding or terminating this lease, and, for the purpose of such re-letting, the Landlord is authorized to make any repairs, changes, alterations or additions in or to said demised premises, as may, in the opinion of the Landlord, be necessary or desirable for the rurpose of such re-letting, and if a sufficient sum shal not be realized from such re-letting (after pay- ment of all the costs and expenses of such repairs, changes or alterations, and the expense of such re- letting and the collection of rent accruing therefrom), each month to equal the monthly rental arreed to be paid by the Tenant under the provisions o this lease, then the Tenant agrees to pay such deficiency each month upon demand therefor. REMOVAL OF TENANT'S PROPERTY 10. If the Tenant shall fail to remove all effects from said premises upon the abandonment thereof or upon the termination of this lease for any cause whatsoever, the Landlord, at its option, may remove the same in any manner that it shall choose, and store the said effects without liability to the Tenant for loss thereof, and the Tenant agrees to pay the Landlord on demand, any and all expenses incurred in such removal, including court costs and attorney's fees and storage charges on such effects for any length of time the same shall be in the Landlord's possession; or the Landlord, at its option, without notice, may sell said effects,or any of the same, at private sale a•1d without legal process, for such prices as the Landlord may obtain, and apply the proceeds of such sale upon any amounts due under this lease from the Tenant to the Landlord and upon the expense inci- dent to the removal and sale of said effects, rendering the surplus, if any, to the Tenant. LOSS OR DAMAGE TO TENANT'S PROPERTY 11. All personal property of any kind or description whatsoever. in the demised premises shall be at the Tenant's sole risk, and the Landlord shall not be held liable for any damage done to or loss of such personal property, or for damage or loss suffered by the business or occupation of the Tenant arising from any act or neglect of cotenants or other occupants of the building, or of their employees or the employees of the Landlord or of other persons, or from bursting, overflowing or leaking of water, sewer or steam pipes, or from heating or plumbing fixtures, or from electric wires, or from gases, or odors, or caused in any other manner what- ever, except in the case of willful neglect on the part of the Landlord. LIEN ON TENANT'S FURNISHINGS 12. The Tenant hereby conveys to the Landlord all of the personal property situated on the leased premises as security for the payment of all rentals due or to become due hereunder. Said property shall not be re- moved therefrom without the consent of the Landlord until all rent due or to become due hereunder shall have first been paid and discharged. It is intended by the parties hereto that this instrument shall have the ef- fect of a mortgage or lien upon such property, and the Landlord, upon default of the Tenant in the payment of rent, may take possession of said property either to its own use or to sell the same for the best price that can be obtained at public or private sale, and out of the money arising therefrom, pay the amount due the Landlord, and all costs growing out of the execution of the provi- sions hereof, paying the surplus, if any, to the Tenant. If said property, or any portion thereof, shall be offered at public auction, the Landlord may become the purchaser thereof. SURRENDER OF POSSESSION 13. The Tenant agrees to deliver up and surrender to the Landlord possession of said premises at the expira- tion or termination of this lease, by lapse of time or otherwise, in as good repair as when the Tenant ob- tained the same at the commencement of said term, excepting only ordinary wear and decay, or damage by the elements (occurring without the fault of the Tenant or other persons permitted by the Tenant to occupy or enter the demised premises or any part thereoO, or by I act of God, or by insurrection, riot, invasion or commo- 1 tion, or of military or unsurped power. ,, FIRE CLAUSE 14. If the demised premises or said building, shall be so damaged by fire or other catastrophe as to render said premises wholly untenantable, and if such damage shall be so great that a competent architect, in good standing in the County of , selected by the Landlord, shall certify in writinJ. to the Landlord and the Tenant that said premises, with the exercise of reasonable diligence, cannot be made fit for occupancy within ninety (90) days from the happening thereof, then this lease shall cease and terminate from the date of the occurrence of such damage; and the Tenant thereupon shall surrender to the Landlord said premises and all interest therein he- reunder, and the Landlord may reenter and take pos- sessiion of said premises and remove the Tenant there- from. The Tenant shall par rent, duly apportioned, up to the time of such termination of this lease. If, however, the damage shall be such that such an architect so shall certify that said demised premises can be made tenantable within such number of days from the happening of such damage by fire or other catas- trophe, then the Landlord shall repair the damage so done with all reasonable speed, and the rent shall be abated only for the period during which the Tenant shall be deprived of the use of said premises by reason of such damage and the repair thereof. If said demised premises, without the fault of the Tenant, shall be slightly damaged by fire or other catastrophe but not so as to render the same untenant- able, the Landlord, after receiving notice in writing of the occurrence of the injury, shall cause the same to be repaired with reasonable promptness; but in such event, there shall be no abatement of the rent. In case the building throughout be so injured or dam- aged, whether by fire or otherwise (though said de- mised premises may not be affected) that the Landlord within sixty (60) days after the happening of such in- jury, shall decide to reconstruct, rebuild, or raze said building, and shall enter into a bona fide, legal and bindinf contract therefor, then upon thirty (30) days' notice m writing to that effect given by the Landlord to the Tenant, this lease shall cease and terminate from the date of the occurrence of said damage, and the Ten- ant shall pay the rent, properly apportioned, up to such date, and both parties hereto shall be free and dis- charged of all further obligations hereunder. ACCEPTANCE OF PREMISES BY TENANT 15. The taking possession of said premises by the Tenant shall be conclusive evidence as against the Ten- ant that said premises were in good and satisfactory condition when possession of the same was taken. WAIVER 16. No waiver of any breach of any one or more of the conditions or covenants of this lease by the Landlord shall be deemed to imply or constitute a waive!' of any succeeding or other breach hereunder. AMENDMENT OR MODIFICATION 17. The Tenant acknowledges and agrees that it has not relied upon any statements, representations, agreements or warranties, except such as are expressed herein, and that no amendment or modification of this lease shall be valid or binding unless expressed in writ- ing and executed by the parties hereto in the same manner as the execution of this lease. PAYMENTS AFTER TERMINATION 18. No payments of money by the Tenant to the Landlord after the termination of this lease, in any manner, or after the giving of any notice (other than a demand for the payment of money) by the Landlord to the Tenant, shall reinstate, continue or extend the term of this lease or affect any notice given to the Tenant prior to the payment of such money, it being agreed that after the service of notice or the commencement of a suit or after final judgment granting the Landlord pos- session of said premises, the Landlord may receive and collect any sums of rent due, or any other sums of money due under the terms of this lease, and the pay- ment of such sums of money whether as rent or other- wise, shall not waive said notice, or in any manner af- fect any pending suit or any judgment theretofore ob- tained. HOLDING AFTER TERMINATION 19. It is mutually agreed that if, after the expiration of this lease, the Tenant shall remain in possession of said premises, without a written agreement as to such holding, then such holding over shall be deemed and taken to be a holding upon a tenancy from month to month at a monthly rental equivalent to the last monthly payment hereinbefore provided for, payable in advance on the same day of each month as above pro- vided, all other terms and condition!! of this lease re- maining the same. RULES AND REGULATIONS 20. it is further agreed that the following rules and regul · tions shall be and are hereby made a part of this lease, and the Tenant agrees that its employees and agents, or any others permitted by the Tenant to occupy or enter said premises, will at all times abide by said rules and regulations and that a default in the perfor- mance and observance thereof shall operate the same as any other defaults herein: (1) The sidewalks, entries, passages, stairways and elevators shall not be obstructed by the Tenant, or its agents, or used by them for any purpose other than ingress and egress to and from their offices. (2) (a) Furniture, equipment or supplies shall be moved in or out of the building only upon the elevator designated by Landlord (if the building is so equipped) and Uien only during such hours and in such manner as may be prescribed by the Landlord. (b) No safe or article, the weight of which may constitute a hazard or danger to the building or 'I 'I :1 11 I! I I !I -e its equipment, shall be moved into the premises. (c) Safes and other equipment, the weight of which is not excessive, shall be moved into, from or about the building only during such hours and in such manner as shall be prescribed by the Landlord, and the Landlord shall have the right to designate the location of such articles in the space hereby demised. (3) Signs, notices, advertisements, or other inscrip- tions shall not be placed upon the transoms or upon any other part of the building except upon the glass of the doors and windows opening from the halls into the de- mised premises, and then only by such sign writers , and of such size, form and color, as shall be first specified by the Landlord. (4) The light through the transoms and glass parti- tions opening into the halls and other parts of the build- ing shall not be obstructed in any way by the Tenant. (5) Water closets and other water fixtures shall not be used for any purpose other than that for which the same are intended, and any damage resulting to the same from misuse on the/art of the Tenant, its agents or employees, shall be pai for by the Tenant. No person shall waste water by tying back or wedging the faucets, or in any other manner. (6) No animals shall be allowed in the offices, halls , corridors and elevators in the buildinf. (7) Bicycles or other vehicles shal not be permitted in the offices, halls, corridors and elevators in the build- ing, nor shall any obstruction of sidewalks or entrances of the building by such be permitted. (8) No person shall disturb the occupants of this or a~oining buildings or premises by the use of any radio or musical instrument or by the making of loud or im- proper noises. (9) The Tenant shall not allow anythini to be placed on the outside window ledges of the build mg, nor shall anything be thrown by the Tenant, its agents or employees, out of the windows or doors, or down the courts, elevator shafts, or skylights of the building. (10) No additional lock or locks shall be placed by the Tenant on any door in the building unless written con- sent of the Landlord shall first have been obtained. A reasonable number of keys to the demised premises and to the toilet rooms will be furnished by the Landlord, and neither the Tenant, its agents or employees, shall have any duplicate key made. At the termination of this e - tenancy, the Tenant shall promptly return to the Land- lord all keys to offices, toilet rooms or vaults. (11) The Landlord will equip the demised premises with window shades of uniform color, material and !'l1ake, and the Tenant shall pay for any damage to same, hen caused by the misuse or negligence of it, its agents -~:employees. (12) No awnings shall be placed over the windows except by the consent of the Landlord. (13) The Tenant, before closing and leaving the de- mised premises at any time, shall see that all windows are closed, in order to avoid possible damage from fire, storm or freezing. (14) The Tenant shall not install or operate any l'I steam or gas engine or boiler, or carry on any mechani- cal business, in the demised premises. The use of oil, gas I or inflammable liquids for heating, lighting or any other p•1rpose is expressly prohibited . Explosives or other ar- ticles deemed extra hazardous shall not be brought into · the building. (15) Any painting or decorating as may be agreed to be done by and at the expense of the Landlord shall be done during regular working hours; should the Tenant d•:sire such work done on Sundays, holidays or outside of regular working hours, the Tenant shall pay for the extra cost thereof. (16) The Tenant shall n_ot mark upon, paint signs u pon, cut, drill into, drive nails or screws into, or in any w !I.Y deface the walls, ceilings, partitions or floors of the J .,mised premises or of the building, and any deface- :T.ent, damage or injury caused by the Tenant, its ·ents or employees, shall be paid for by the Tenant. (17) The Landlord shall at all times have the riJht, by its officers or agents, to enter the demised premises to inspect and examine the same, and to show the same to persons wishing to lease them, and may at any time w ithin fifteen days next preceding the termination of this tenancy, place upon the doors and windows of the premises the notice "For Rent," which said notice shall not be removed by the Tenant. (18) The Landlord reserves the right to make such <'her and further reasonable rules and regulations as i its judgment may from time to time be needful and L<.sirable for the safety, care and cleanliness of the premises and for the preservation of good order therein. QUIET posses ·. ON The Landlord shall warrant and defend the Tenant in thl.! mjoyment and peaceful possession of the premises during the term aforesaid and all terms, conditions and covenants to be observed and performed by the parties hereto shall be applicable to and binding upon their heirs, administrators, executors, successors or assigns. IN WITNESS WHEREOF, the said Landlord 1,Lnd Tenant have hereunto caused ':heir respective names and seals tobeaffixedheretoindupticatethis t-1 rs~~-dayof May . . .. /)19 84. £'J ., r_ . L · /J~#-t,,, l1L cf~J/U.,ff--!'--/C!-4_ .. j( 1 ~ _,-, -1 R~/15, ENGLEWOOD DQ u~T ·WN DEVELQPME~T AUTHQ~¥1¥ I I ' mn;;, DEN PLAZA ASSOCIATES (SEAL) "' e RIDER TO STANDARD OFFICE LEASE HAMPDEN PLAZA ASSOCIATES, LANDLORD ENGLEWOOD DOWNTOWN DEVELOPMENT AUTH. ,TENANT DATED May l , l 984 The following Rider provisions are incorporated in the attached lease and hereby made a part thereof. 21. Attorney's Fees. I ~ the event Tenant is in default hereunder and Landlord eng Jes counsel to enforce the provisions of this lease, Tenant agrees to pay Landlord's reasonable attorney's fees and cos t s. 22. Rent Escallation. The annual rental payable by Tenant hereunder is to be adjusted at the commencement of each lease year so the Lessee shall pay an escalated annual rent which shall be the greater of (i) fi v e ( S) percent of the previous annual rental or (ii) an ~~nual rental adjusted to changes in the All Urban Consumers Price Index. (All items Section) (Index) published by the Bureau of Labor Statistics of the United States Department of Labor. 23. Late Charges--Returned Checks. In the event rent is not received by the 5th day of the month, Tenant agrees to pay a late charge of $25.JO. In addition, if a check from Tenant to Landlord is returned unpaid, Tenant agrees to pay to Landlord an additional payment ,~E $50.00 for each such check returned. 24. Holdover. Notwithstanding paragraph 19 of the lease, in the event Tenant shall r e main in possession of the premises after expiration or termination hereof, the monthly rental shall be twice the amount o f the last monthly rental. 25. Insurance. During the term hereof, Tenant agrees to obtain and maintain publi~ liability insurance in the following minimum coverages: $100,000 for injury to one person. $300,000 for personal injury occurring in one accident, and $50,000 property dru nage. A certificate of said policy shall be delivered to Landlord. 26. Security Deposit. Upon execution of leas e , Tenant has placed on deposit with L,mdlord the sum of s455.00 to be used as securi L, deposit for the pe r formance by the Tenant of the terms and cond i tions of this lease, and if the Tenant shall be default in payr··mt of rentals or in the performance of this lease, the Lane _ord shall have the rig ht to use said deposit or so much thereo f as is necessary in payment of the rent in default as aforesaid, c.-.1d in payment of any material damages incurred by the s aid Landlord by reason of the default of the Tenant, but in the event that the said deposit shall not be utilized for such purpose and purpc s es, then said deposit shall be refunded to the Tenant without interest at the termination of this lease. It is specifically understood and agreed by the parties that such security deposit ~snot in liquidation of damages, but shall only be applied when r e ntal is in default and against any material damages incurred by the Landlord by reason o f default of the T~nant, and the ~andlord shail have its re~edy ~r the recovery of any monies e t -the-Landlord. , .d-,,., ---~----,--L ~ ~ ·1e£A-'f //t-t?~C ENGLEWOOD 00~~ DEVELOPMENT AOTHOR11¥ENANT) HAMPDEN PLAZA ASSOCIATES (LANDLORD)