SECOND AMENDMENT TO LEASE
Exhibit 10.13
SECOND AMENDMENT TO LEASE
This SECOND AMENDMENT TO LEASE (this “Amendment”) is entered into as of November 24, 2008 (the
“Effective Date”) by and between JEPCO DEVELOPMENT COMPANY LLC, an Oregon limited liability
company, as successor-in-interest to Jepco Development Company, a general partnership (“Lessor”),
and LACROSSE FOOTWEAR, INC., a Wisconsin corporation (“Lessee”).
RECITALS
A. Lessor and Lessee are parties to that certain Lease, dated as of March 14,
1994, as amended by that certain Lease Amendment and Option Exercise (the “First
Amendment”) dated as of April 17, 1998 (the “Lease”), pursuant to which Lessor leases to
Lessee, and Lessee leases from Lessor, certain real property located at 00000 XX Xxxxxxx
Xxx in the City of Portland, Oregon and more particularly described in the Lease (the
“Premises”).
B. The term of the Lease was originally set to expire on March 13, 2004. By
entering into the First Amendment, Lessee exercised its first option to extend the term of the
Lease and the Lease is now set to expire on March 13, 2009.
X. Xxxxxx and Lessee now desire to extend the First Extended Term of the Lease
to May 31, 2010, to increase the rent payable under the Lease, and to make certain other
amendments to the Lease, all upon the terms and conditions set forth herein.
AGREEMENT
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, Lessor and Lessee agree as follows:
1. Lease Amendments.
a. Term. Section 2(b) of the Lease is hereby amended to provide that the First
Extended Term of the Lease shall expire on May 31, 2010. Section 2(c) of the Lease is
hereby amended to provide that the Second Extended Term shall only be exercisable by
written notice given to Lessor at least eight (8) months prior to expiration of the First
Extended Term.
b. Rent. Section 3(a) of the Lease is hereby amended to provide that, in addition
to any adjustment made pursuant to Section 3(b) of the Lease, the rent payable under the
Lease shall be increased on March 1, 2009 by $5,655 per month.
c. Skylights. Lessor hereby agrees to install on the roof of the Premises the new
skylights described in the purchase order attached hereto as Exhibit A.
d. Maintenance. Lessor hereby represents to Lessee that, to Lessor’s actual
knowledge, Lessee is not currently in default under the Lease with respect to its obligations to
maintain the Premises.
2. Capitalized Terms.
All capitalized terms used in this Amendment, which are not defined herein, shall have the
same meaning as in the Lease.
3. Miscellaneous.
Except as set forth herein, the Lease remains in full force and effect. This Amendment may be
executed in multiple counterparts, each of which shall be deemed an original. Delivery of an
executed signature page to this Amendment by facsimile transmission shall be as effective as
delivery of a manually signed counterpart hereto.
IN WITNESS WHEREOF, Lessor and Lessee have executed this Second Amendment to Lease as of the date
first set forth above.
| LESSEE | LESSOR | |||||
| LACROSSE FOOTWEAR, INC., | JEPCO DEVELOPMENT COMPANY LLC, | |||||
| a Wisconsin corporation | an Oregon limited liability company | |||||
By:
|
/s/ Xxxxx X. Xxxxxxx
|
By: | /s/ Xxxxx X. Xxxxxx & Xxxx X.
Xxxxxx
|
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Name:
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Xxxxx X. Xxxxxxx
|
Name: | Xxxxx X. Xxxxxx & Xxxx X.
Xxxxxx
|
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Its:
|
Exec VP & CFO
|
Its: | Partners — Partner
|
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EXHIBIT A
Purchase Order
Purchase Order
