Execution Copy
LEASE
AMONG
CCP/MS SSIII DENVER TABOR CENTER I PROPERTY OWNER LLC,
"LANDLORD"
AND
BRIDGEPOINT EDUCATION, INC.
"TENANT"
1200 17TH STREET
1201 16TH STREET
Denver, Colorado 80202
Table of Contents
Page
1.
LEASE OF PREMISES; COMMON AREAS; LANDLORD'S WORK AND ALLOWANCES; PARKING
1
2.
TERM OF LEASE; EARLY ACCESS
3
3.
RENT; LETTER OF CREDIT
6
4.
EXPENSE AND TAX ADJUSTMENTS
9
5.
CHARACTER OF OCCUPANCY
16
6.
SERVICES AND UTILITIES
17
7.
QUIET ENJOYMENT
21
8.
MAINTENANCE AND REPAIRS
21
9.
ALTERATIONS AND ADDITIONS
21
10.
MECHANICS' LIENS
22
11.
ENTRY BY LANDLORD
23
12.
INSURANCE
23
13.
WAIVER OF CLAIMS; INDEMNITY; LIMITATIONS ON LIABILITY
24
14.
DAMAGE BY FIRE OR OTHER CASUALTY
25
15.
CONDEMNATION
27
16.
ASSIGNMENT AND SUBLETTING
27
17.
DEFAULT; REMEDIES
30
18.
HOLDING OVER
33
19.
SURRENDER AND NOTICE
33
20.
ESTOPPEL CERTIFICATES; SUBORDINATION AND ATTORNMENT; SNDA
33
21.
AUTHORITIES FOR ACTION AND NOTICES
35
22.
RULES AND REGULATIONS
36
23.
[INTENTIONALLY OMITTED]
36
24.
BROKERAGE
36
25.
GENERAL PROVISIONS
36
26.
RIDER 1
1
27.
ABATED RENT; CAP ON CONTROLLABLE OPERATING EXPENSES
1
28.
OPTION TO RENEW
2
29.
EXPANSION OPTION
4
30.
RIGHT OF FIRST REFUSAL
5
31.
SIGNAGE
7
32.
Telecommunications and roof rights
8
33.
Tenant's license property; the license areas
11
34.
ACCESS BY SUITE 120 TENANT
11
-i-
ATTACHMENTS
RIDER 1
-
ADDITIONAL PROVISIONS
EXHIBIT "A-1" through "A-4"
-
DEPICTIONS OF THE PREMISES
EXHIBIT "A-5" through "A-6"
-
DEPICTIONS OF THE EXPANSION PREMISES
EXHIBIT "A-7" through "A-12"
-
DEPICTIONS OF THE REFUSAL PREMISES
EXHIBIT "B-1"
-
LANDLORD BASE BUILDING WORK
EXHIBIT "B-2"
-
WORK LETTER
EXHIBIT "B-3"
-
TENANT STANDARDS
EXHIBIT "C"
-
PARKING RULES AND REGULATIONS
EXHIBIT "D"
-
COMMENCEMENT DATE LETTER
EXHIBIT "E"
-
JANITORIAL SPECIFICATIONS
EXHIBIT "F-1"
-
LENDER'S FORM OF SNDA
EXHIBIT "F-2"
TENANT'S COMMENTS ON LENDER'S FORM OF SNDA
EXHIBIT "G"
-
RULES AND REGULATIONS
EXHIBIT "H"
-
THE SIGNAGE PLAN
EXHIBIT "I"
-
ACCESS BY SUITE 120 TENANT
EXHIBIT "J"
-
PROHIBITED USES
-ii-
LEASE
THIS LEASE (this "Lease") is made this 8th day of August, 2011 (the "Effective
Date"), by and between CCP/MS SSIII DENVER TABOR CENTER I PROPERTY OWNER LLC, a
Delaware limited liability company ("Landlord"), and BRIDGEPOINT EDUCATION,
INC., a Delaware corporation ("Tenant").
1.
LEASE OF PREMISES; COMMON AREAS; LANDLORD'S WORK AND ALLOWANCES; PARKING.
1.1
The Premises.
(a)
In consideration of the payment of Rent (as defined below) and the
keeping and performance by Tenant of the covenants and agreements hereinafter
set forth, Landlord hereby leases to Tenant, and Tenant hereby rents from
Landlord, the following premises (collectively, the "Premises") in the building
located at 1200 17th Street and commonly known as Tabor Center Office Building
("Tabor Center Tower") and in the building located at 1201 16th Street and
commonly known as Tabor Center Mall ("Tabor Center Mall"), Denver, Colorado
80202 (collectively, the "Buildings" and individually, a "Building"):
BUILDING
SUITE NUMBER
RENTABLE SQUARE FEET
Tabor Center Mall
110
8,037
Tabor Center Mall
200
20,763
Tabor