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EXHIBIT 10.9
AMENDMENT TO STANDARD INDUSTRIAL COMMERCIAL
MULTI-TENANT-GROSS
This Amendment to Lease dated as of June 26, 1998 is entered into by and between
Rockford River, L.L.C., an Arizona Limited Liability Company ("Lessor"), and
Rockford Corporation, an Arizona Corporation ("Lessee"), with reference to the
following facts:
A. Lessor and Lessee entered into a Standard Industrial
Commercial Multi-Tenant Lease Gross dated March 7, 1998, (the
"Lease") which affects certain leasable space designated as
approximately 15,000 square feet located at 636, 644 and 000
Xxxxx Xxxxx Xxxxx, Xxxxx, Xxxxxxx 00000.
B. The Lease is in full force and effect, and neither Lessee nor
Lessor has actual knowledge of any default or breach by the
other under the Lease.
X. Xxxxxx and Lessee desire to amend the Lease as provided in
this Amendment.
NOW, THEREFORE FOR VALUABLE CONSIDERATION, receipt of which is hereby
acknowledged, Lessor and Lessee hereby agree as follows:
ARTICLE 1 - AMENDMENTS
1.1 The lease term shall be extended for an additional twelve (12)
months. The Expiration Date of December 31, 1999 shall be
deleted and the new Expiration Date shall be December 31,
2000.
1.2 Beginning January 1, 2000 through December 31, 2000, the
monthly base rent payable shall be $12,051.00 per month
(equivalent to $.8034 per square foot) plus estimated Common
Area Operating Expenses, subject to change, plus applicable
sales taxes, subject to change, and other sums which may be
due under the terms of the Lease.
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ARTICLE 2 - GENERAL PROVISIONS
2.1 The effective date of this Amendment shall be June 26, 1998.
2.2 The Lease, as amended by this Amendment, is hereby confirmed.
All other terms and conditions of the Lease shall remain in
full force and effect. In the event of a conflict between the
terms and provisions of the Lease and this Amendment, this
Amendment shall control.
IN WITNESS WHEREOF, this Amendment has been executed as of the date
first above set forth.
LESSEE: Rockford Corporation, an LESSOR: Rockford River, L.L.C. an
Arizona Corporation Arizona Limited Liability Company
By: /s/ By: Yale, Inc.
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W. Xxxx Xxxxxx
Its: President and CEO Its: Manager
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By: /s/
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Xxxxxxxx Xxxxxxxxxx
Its: President
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STANDARD INDUSTRIAL COMMERCIAL MULTI-TENANT LEASE-GROSS
AMERICAN INDUSTRIAL REAL ESTATE ASSOCIATION
1. BASIC PROVISIONS ("BASIC PROVISIONS").
1.1 PARTIES: This Lease ("LEASE"), dated for reference purposes
only, March 7, 1997, is made by and between ROCKFORD RIVER, LLC, an Arizona
Limited Liability Company ("LESSOR") and Rockford Corporation, an Arizona
Corporation ("LESSEE") (collectively the "PARTIES," or individually a "PARTY").
1.2(a) PREMISES: That certain portion of the Building, including all
Improvements therein or to be provided by Lessor under the terms of this Lease,
commonly known by the street address of 636, 644 and 000 Xxxxx Xxxxx Xxxxx,
located in the City of Tempe, County of Maricopa, State of Arizona, with zip
code 85281 as outlined on Exhibit A attached hereto ("PREMISES"). The "BUILDING"
is that certain building containing the Premises and generally described as
(describe briefly the nature of the Building): Multi-Tenant office/warehouse
Industrial Building. The leased premises consist of approximately 15,000 square
feet.
In addition to Lessee's rights to use and occupy the Premises as
hereinafter specified, Lessee shall have non-exclusive rights to the Common
Areas (as defined in Paragraph 2.7 below) as hereinafter specified, but shall
not have any rights to the roof, exterior walls or utility raceways of the
Building or to any other buildings in the Industrial Center. The Premises, the
Building, the Common Areas, the land upon which they are located, along with all
other buildings and Improvements thereon, are herein collectively referred to as
the "INDUSTRIAL CENTER." (Also see Paragraph 2.)
1.2(b) PARKING: Open unreserved vehicle parking spaces ("UNRESERVED
PARKING SPACES"); and reserved vehicle parking spaces ("RESERVED PARKING
SPACES"). (Also see Paragraph 2.6.)
1.3 TERM: Two (2) years and Zero (0) months ("ORIGINAL TERM")
commencing January 1998 ("Commencement Date") and ending December 31, 1999
("EXPIRATION DATE"). (Also see Paragraph 3.)
1.4 EARLY POSSESSION: Existing Tenant ("EARLY POSSESSION DATE").
(Also see Paragraphs 3.2 and 3.3.)
1.5 BASE RENT: $11,700.00 per month ("BASE RENT"), payable on the
First(1st) day of each month commencing January 1, 1998 (Also see Paragraph 4.)
[X] If this box is checked, this Lease provides for the Base Rent to be adjusted
per Addendum _____ attached hereto.
1.6(a) BASE RENT PAID UPON EXECUTION: $ 0 as Base Rent for the period
________________________.
1.6(b) LESSEE'S SHARE OF COMMON AREA OPERATING EXPENSES: Fourteen
point six-seven percent (14.67%) ("LESSEE'S SHARE") as determined by
[X] prorata square footage of the Premises as compared to the total square
footage of the Industrial Center or
[X] other criteria as described in Addendum _____
1.7 SECURITY DEPOSIT: $6,300.00 (currently on deposit with
Lessor), ("SECURITY DEPOSIT"). (Also see Paragraph 5.)
1.8 PERMITTED USE: General Office ("PERMITTED USE") (Also see
Paragraph 6.)
1.9 INSURING PARTY. Lessor is the "INSURING PARTY." (Also see
Paragraph 8.)
1.10(a) REAL ESTATE BROKERS. The following real estate broker(s)
(collectively, the "BROKERS") and brokerage relationships exist In this
transaction and are consented to by the Parties (check applicable boxes):
[X] Horizon Real Estate Group, Inc. represents Lessor exclusively ("LESSOR'S
BROKER");
[_] represents Lessee exclusively ("LESSEE'S BROKER"); or
[_] represents both Lessor and Lessee ("DUAL AGENCY"). (Also see Paragraph 15.)
1.10(b) PAYMENT TO BROKERS. Upon the execution of this Lease by both
Parties, Lessor shall pay to said Broker(s) jointly, or in such separate shares
as they may mutually designate In writing, a fee as set forth In a separate
written agreement between Lessor and said Broker(s) (or in the event there is no
separate written agreement between Lessor and said Broker(s), the sum of $ ) for
brokerage services rendered by said Broker(s) in connection with this
transaction.
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1.11 GUARANTOR. The obligations of the Lessee under this Lease are
to be guaranteed by ____________________________ ("GUARANTOR") (Also see
Paragraph 37.)
1.12 ADDENDA AND EXHIBITS. Attached hereto is an Addendum or
Addenda consisting of Paragraphs 49 through 50, and Exhibits A through B, all of
which constitute a part of this Lease.
2. PREMISES, PARKING AND COMMON AREAS.
2.1 LETTING. Lessor hereby leases to Lessee, and Lessee hereby
leases from Lessor, the Premises, for the term, at the rental, and upon all of
the terms, covenants and conditions set forth in this Lease. Unless otherwise
provided herein, any statement of square footage set forth in this Lease, or
that may have been used in calculating rental and/or Common Area Operating
Expenses, is an approximation which Lessor and Lessee agree is reasonable and
the rental and Lessee's Share (as defined in Paragraph 1.6(b)) based thereon is
not subject to revision whether or not the actual square footage is more or
less.
2.2 CONDITION. Lessor shall deliver the Premises to Lessee clean
and free of debris on the Commencement date and warrants to Lessee that the
existing plumbing, electrical systems, fire sprinkler system, lighting, air
conditioning and heating systems and loading doors, if any, in the Premises,
other than those constructed by Lessee, shall be In good operating condition on
the Commencement Date. If a non-compliance with said warranty exists as of the
Commencement Date, Lessor shall, except as otherwise provided in this Lease,
promptly after receipt of written notice from Lessee setting forth with
specificity the nature and extent of such non-compliance, rectify same at
Lessor's expense. If Lessee does not give Lessor written notice of a
noncompliance with this warranty within thirty (30) days after the Commencement
Date, correction of that non-compliance shall be the obligation of Lessee at
Lessee's sole cost and expense.
2.3 COMPLIANCE WITH COVENANTS, RESTRICTIONS AND BUILDING CODE.
Lessor warrants that any improvements (other than those constructed by Lessee or
at Lessee's direction) on or in the Premises which have been constructed or
installed by Lessor or with Lessor's consent or at Lessor's direction shall
comply with all applicable covenants or restrictions of record and applicable
building codes, regulations and ordinances in effect on the Commencement Date.
Lessor further warrants to Lessee that Lessor has no knowledge of any claim
having been made by any governmental agency that a Commencement Date. Said
warranty shall not apply to any Alterations or Utility Installations (defined in
Paragraph 7.3(a)) made or to be made by Lessee. If the Premises do not comply
with said warranties, Lessor shall, except as otherwise provided in this Lease,
promptly after receipt of written notice from Lessee given within six (6) months
following the Commencement Date and setting forth with specificity the nature
and extent of such non-compliance, take such action, at Lessor's expense, as may
be reasonable or appropriate to rectify the non-compliance. Lessor makes no
warranty that the Permitted Use in Paragraph 1.8 is permitted for the Premises
under Applicable Laws (as defined in Paragraph 2.4).
2.4 ACCEPTANCE OF PREMISES. Lessee hereby acknowledges: (a) that
it has been advised by the Broker(s) to satisfy itself with respect to the
condition of the Premises (including but not limited to the electrical and Me
sprinkler systems, security, environmental aspects, seismic and earthquake
requirements, and compliance with the Americans with Disabilities Act and
applicable zoning, municipal, county, state and federal laws, ordinances and
regulations and any covenants or restrictions of record (collectively,
"APPLICABLE LAWS") and the present and future suitability of the Premises for
Lessee's intended use; (b) that Lessee has made such investigation as it deems
necessary with reference to such matters, Is satisfied with reference thereto,
and assumes all responsibility therefore as the same relate to Lessee's
occupancy of the Premises and/or the terms of this Lease', and (c) that neither
Lessor, nor any of Lessor's agents, has made any oral or written representations
or warranties with respect to said matters other than as set forth in this
Lease.
2.5 LESSEE AS PRIOR OWNER/OCCUPANT. The warranties made by Lessor
in this Paragraph 2 shall be of no force or effect if immediately prior to the
date set forth In Paragraph 1.1 Lessee was the owner or occupant of the
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