Chapter 13 - FORM 13-3 • BUSINESS LEASE (SINGLE TENANT GROSS)

• Jurisdiction: Colorado

FORM 13-3 • BUSINESS LEASE (SINGLE TENANT GROSS)

BUSINESS LEASE

THIS LEASE, is made and entered into this ___ day of __________, 20___, by and between __________, as Landlord, and __________, as Tenant;

1. Premises. In consideration of the payment of the rent hereinafter provided for and the keeping and performance of the covenants and agreements of the Tenant hereinafter set forth, the Landlord hereby leases unto the Tenant those premises located at __________, in the City and County of Denver, State of Colorado, as generally shown on the site plan attached hereto as Exhibit A and by this reference made part hereof (the "Premises").

2. Term. Tenant may have and hold the Premises with all the appurtenances for a term of __________ (___) years, commencing at twelve o'clock noon on __________, 20___, and terminating at twelve o'clock noon on __________, 20___, unless the term hereby demised shall be sooner terminated as hereinafter provided.

3. Rent. Tenant shall pay to Landlord, as rent for the full term hereunder for the Premises, the sum of __________ Dollars ($__________), payable in monthly installments on the __________ day of each month, as follows: (a) the sum of $__________ per month commencing __________, 20___, and continuing through __________, 20___; (b) the sum of $__________ per month commencing __________, 20___, and continuing through __________, 20___; and (c) the sum of $__________ per month commencing __________, 20___, and continuing through __________, 20___. Installments of rent shall be payable in advance and without notice at the office of the Landlord at __________, or at such other place as Landlord from time to time designates in writing. Notwithstanding the foregoing, the first installment of rent payable hereunder shall be payable by Tenant concurrently with execution of this Lease.

4. Utility Charges. It is agreed that in addition to any other sums to be paid by Tenant, all assessments for water and sewer rents that may be levied against the Premises during the continuance of the Lease shall be paid by the Tenant, and that all charges for heating, lighting, gas, and telephone services to the Premises shall be paid by the Tenant as the same become due and payable.

5. Injury or Damage. Landlord shall not be responsible to the Tenant for loss of property in or from the Premises, or for any damage done to furniture, fixtures or effects therein, however occurring, nor shall the Landlord be liable for any injury or damage, either proximate or remote, occurring through or caused by any repairs, alterations, or accident occurring in or to the Premises or adjacent premises, or other parts of the above Premises than herein demised, or by reason of the negligence or default of the owners or occupants thereof, or any other person, nor liable for any injury or damage occasioned by defective electrical wiring or the breakage or stoppage of the plumbing or sewerage upon the Premises or upon adjacent premises, whether such breakage or stoppage results from freezing or otherwise.

6. Inspection. Landlord or its agents shall have the right at any time to enter the Premises to examine the same, or to make such repairs as it may deem necessary or proper for the safety, improvement, or preservation thereof. The Landlord shall at all times have the right, at its election, to make such alterations of, changes in, or additions to any adjoining buildings, if any, not leased to the Tenant, as may appear desirable to the Landlord, and to demolish and/or dispose of the adjoining premises as it shall elect, at Landlord's sole expense.

7. Alterations. The Tenant shall not make any alterations in the Premises without the prior written consent of the Landlord, which consent shall not be unreasonably withheld.

8. Fixtures. Any alterations made in the building located on the Premises (the "Building") by the Tenant and any equipment or fixtures built into the Premises by the Tenant shall upon the termination of this Lease become the sole property of the Landlord.

9. Use. It is understood and agreed that the only business to be conducted from the Premises shall be __________. Tenant shall not use the Premises for any other purposes, including, but not limited to, __________, without the prior written consent of Landlord, which consent may be withheld at the sole discretion of Landlord. Tenant also agrees not to conduct or to permit to be conducted upon the Premises any business or any act which is contrary to or in violation of the laws of the United States of America or of the State of Colorado or of any ordinances, regulations, or orders of any municipality or other public authority affecting the Premises.

10. Maintenance and Repair.

(a) Tenant's Obligation to Maintain and Repair. Tenant covenants to maintain, repair, replace and keep all exterior signage, lighting fixtures and HVAC systems, as well as the interior of the Building, and all improvements, fixtures and personal property therein, including, but not limited to, all bay doors, all restrooms, and all plumbing, electrical, HVAC and mechanical systems and fixtures, in good, safe and sanitary condition, order and repair and in accordance with all applicable laws, ordinances, orders, rules and regulations of governmental authorities having jurisdiction; to pay all costs and expenses in connection therewith, including but not limited to the costs of bringing into and maintaining the Premises in compliance with the Americans with Disabilities Act of 1990, to the extent it applies to Tenants occupying the Premises; and to contract for the same in Tenant's own name. All maintenance and repairs by Tenant shall be done promptly, in a good and workmanlike fashion, and without diminishing the original quality of the Premises. Notwithstanding the foregoing, Landlord shall make any necessary repairs to the HVAC system during the six-month period commencing on the date Tenant first occupies the Premises and ending on the same day of the sixth month thereafter.

(b) Landlord's Obligation to Maintain and Repair. So long as Tenant is not in default under the terms of this Lease, Landlord covenants and agrees to maintain, repair, replace and keep the exterior walls and roof of the Building (excluding glass, signage, bay doors, exterior HVAC systems, and lighting), and the driveways and sidewalks located on the Premises, in good, safe and sanitary condition, order and repair and in accordance with all applicable laws, ordinances...