SECOND AMENDMENT AND LEASE EXTENSION AGREEMENT
Exhibit 10.9
SECOND AMENDMENT AND LEASE EXTENSION AGREEMENT
THIS SECOND AMENDMENT AND LEASE EXTENSION AGREEMENT is made as of the 1st day of
November, 2005 by and between WESTON PROPERTY INVESTMENT XV, LTD., an Ohio limited liability
company (“Landlord”) and ERICO PRODUCTS, INC., an Ohio corporation (“Tenant”).
WITNESSETH
WHEREAS, the parties entered into a Lease Agreement dated September 13, 2000 (the “Lease”) for
Landlord’s property located at 00000 Xxxxx Xxxx, Xxxxx, XX 00000, deemed to contain 164,940 square
feet of space (the “Premises”), which Lease was amended and extended on October 19, 2004 such that
it does not expire until October 31, 2006; and
WHEREAS, the parties desire to amend the Lease to (i) modify and extend the Term and (ii)
establish the Base Rent for the Modified Extended Term.
NOW THEREFORE, in consideration of the mutual benefits to be derived, the Lease is hereby
amended as follows:
1) | The Lease is extended for a five (5) year Term commencing November 1, 2005 and continuing through and including October 31, 2010 (the “Modified Extended Term”). | ||
2) | The Base Rent for the Modified Extended Term shall be Fifty-Two Thousand Dollars ($52,000.00) per month. | ||
3) | The second option term set forth in Paragraph 3 of the First Amendment and Lease Extension Agreement is null, void and of no further force and effect. | ||
4) | Tenant acknowledges that the Landlord shall have no obligation to refund any excess rent pursuant to Paragraph 4 of the First Amendment and Lease Extension Agreement. | ||
5) | Paragraph 6 of the First Amendment and Lease Extension Agreement shall be deleted in its entirety and the Option to Purchase shall be null and void as of November 1, 2005. | ||
6) | All of the terms, conditions, provisions and covenants of the original Lease Agreement, except as specifically modified or amended herein, shall remain in full force and effect and apply hereto, and Landlord and Tenant agree that the terms of said Lease as amended herein, shall continue to govern their respective rights and duties. |
IN WITNESS WHEREOF, the Landlord and Tenant have executed this Second Amendment and Lease
Extension Agreement as of the day and year first above written.
WESTON PROPERTY INVESTMENTS XV, LTD
an Ohio limited liability company
an Ohio limited liability company
By: | Weston Inc., Agent | |||
By: | /s/ Xxxxx X. Xxxxxxxx | |||
Xxxxx X. Xxxxxxxx, Xx. V.P. | ||||
“Landlord” |
STATE OF OHIO
|
) | |||||
) | SS | |||||
COUNTY OF CUYAHOGA
|
) |
BEFORE ME, a Notary Public, in and for said county and state, personally appeared the above
named Weston Inc, Agent for WESTON PROPERTY INVESTMENTS XV, LTD., by Xxxx X. Xxxxxxxx, its Sr.
V.P., who acknowledged that he did sign the foregoing instrument and that the same is the free act
and deed of said corporation and his free act and deed as such officer.
IN WITNESS WHEREOF, I have hereunder set my hand and official seal at Cleveland, Ohio, this
30th day of November, 2005.
/s/ Xxxx X. Xxxxxx | |||||
NOTARY PUBLIC | |||||
Xxxx X. Xxxxxx | |||||
Notary Public, State of Ohio, Cuy. Cty. | |||||
My Commission expires Sept. 18, 2010 |
ERICO PRODUCTS, INC.
an Ohio corporation
an Ohio corporation
By: | /s/ Xxxxxxx X. Xxxxxx | |||||
Xxxxxxx X. Xxxxxx, Treasurer | ||||||
“Tenant” |
STATE OF OHIO
|
) | |||||
) | SS | |||||
COUNTY OF CUYAHOGA
|
) |
BEFORE ME, a Notary Public, in and for said county and state, personally appeared the above
named ERICO PRODUCTS, INC. by Xxxxxxx X. Xxxxxx, its Treasurer, who acknowledged that he did sign
the foregoing instrument and that the same is the free act and deed of said corporation and his
free act and deed as such officer.
IN WITNESS WHEREOF, I have hereunder set my hand and official seal at Cleveland, Ohio, this
30th day of November, 2005.
/s/ Xxxxxx X. Xxxxxxxxx | ||||
NOTARY PUBLIC | ||||
Xxxxxx X. Xxxxxxxxx | ||||
Notary Public, State of Ohio | ||||
Recorded in Cuyahoga County | ||||
My Commission Expires October 18, 2009 |