EXHIBIT 10.28
NINTH AMENDMENT TO LEASE
This NINTH AMENDMENT TO LEASE made and entered into this 1st day of
March, 2004 by and between 26600 DEVELOPMENT ASSOCIATES LIMITED PARTNERSHIP, a
Michigan limited partnership, whose address is c/o Kojaian Management
Corporation, 00000 Xxxxxxxx Xxxxxx, Xxxxx 000, Xxxxxxxxxx Xxxxx, Xxxxxxxx
00000-0000 (hereinafter referred to as "Landlord") and MEADOWBROOK, INC., a
Michigan corporation, whose address 00000 Xxxxxxxxx Xxxx, Xxxxx 000, Xxxxxxxxxx,
Xxxxxxxx 00000 (hereinafter referred to as "Tenant").
W I T N E S S E T H :
WHEREAS, Landlord as Landlord, and Tenant as Tenant, entered into that
certain lease dated July 25, 1990 as amended by the First Amendment to Lease
dated May 26, 1993, Second Amendment to Lease dated October 27, 1993, Third
Amendment to Lease dated April 4, 0000, Xxxxxx Xxxxxxxxx to Lease dated March
21, 1995, Fifth Amendment to Lease dated August 7, 1995, Sixth Amendment to
Lease dated May 13, 1996, Seventh Amendment to Lease dated February 6, 1998 and
Eighth Amendment to Lease dated September 16, 1999 (hereinafter collectively
referred to as the "Lease") covering 65,110 rentable square feet of office space
at the Brookview Building, 00000 Xxxxxxxxx Xxxx, Xxxxxxxxxx, Xxxxxxxx
(hereinafter referred to as the "Premises"); and
WHEREAS, Landlord and Tenant have agreed to extend the term of the
Lease, with respect to the entire Premises, so that the same expires on December
31, 2004; and
WHEREAS, the parties wish to further amend the Lease as more
particularly set forth herein.
NOW THEREFORE, for good and valuable consideration, the receipt and
adequacy of which are hereby acknowledged, the parties hereto agree that the
Lease is hereby amended as follows:
1.
Effective upon the date hereof, the Lease shall be amended as follows:
Rider to Section 1(g) of the Lease captioned "Basic Rental" shall be
amended to read as follows:
Term Monthly Rental
---- --------------
The date hereof through
September 30, 2004 $ 112,453.74
October 1, 2004 through
December 31, 2004 $ 140,567.18
2.
Tenant shall continue to pay Additional Expenses and Additional Taxes
and electric, pursuant to the terms of the Lease, during the extended term of
the Lease.
3.
EXCEPT, as specifically provided to the contrary herein, all of the
rest and remaining terms and conditions of the Lease shall remain in full force
and effect. All defined terms used herein shall have the same meaning as used in
the Lease unless a different meaning is clearly indicated.
The Lease as herein amended is hereby ratified and confirmed by the
parties and shall remain in full force and effect.
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IN WITNESS WHEREOF, the parties hereto have hereunto set their hands
the day and year first above written.
26600 DEVELOPMENT ASSOCIATES
LIMITED PARTNERSHIP,
a Michigan limited partnership
By: 26600 INVESTMENT CORPORATION
a Michigan corporation
Its: General Partner
By: ______________________________________
Xxxx Xxxxxxx
President
"LANDLORD"
MEADOWBROOK, INC.
a Michigan corporation
By: ______________________________________
Its: ______________________________________
"TENANT"
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