Case 2:18-cv-02882-NJB-MBN Document 1-5 Filed 03/19/18 Page 1 of 1

 
DAVID A. REEVES DIRECT DIAL:
dreeves@messner.com (303) 605-1562

March 8, 2018

VIA E-MAIL (mark.fullmer@phelps.com)

and OVERNIGHT MAIL

2801 Magazine Street, LLC

c/o Mr. Mark A. Fullmer
Phelps Dunbar LLP
365 Canal Street, Suite 2000
New Orleans, Louisiana 70130

Re: Lease Agreement dated July 14, 2017 (“Lease”) between 2801 Magazine
Street, LLC (“Landlord”) and Chipotle Mexican Grill of Colorado, LLC
(“Tenant”)

Dear Mr. Fullmer:

As you know, this firm represents Tenant in connection with the above-referenced Lease.
You have been informed that Tenant will not be proceeding with constructing tenant
improvements at this site or opening a restaurant. As you know, the Lease does not require Tenant
to open or operate. Tenant reiterates its desire to work with Landlord in its efforts to relet the
premises and otherwise mitigate its damages, and welcomes a discussion regarding a termination
of the Lease.
We do not know Landlord’s plans regarding construction at the site, but did want to remind
you that, pursuant to the Lease, Landlord is required to take all reasonable steps to mitigate
damages.
Thank you.

Very truly yours,

MESSNER REEVES LLP

David A. Reeves

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