LEASE EXTENSION AGREEMENT
THIS LEASE EXTENSION AGREEMENT is made and entered into by
and between Xxxxxxxx-Xxxxxx Mfg. Co., as Lessor, and Easy Gardener Acquisition
Corp, as Lessee, upon the following terms, conditions, considerations and
agreements.
WHEREAS by that one certain Lease Agreement (the "Lease") dated 8-1-89
executed by Lessor and Lessee, Lessor leased unto Lessee the "Leased Premises"
as described therein and being described herein as follows:
0000 Xxxxxxxx Xxx
Xxxx, Xxxxx 00000
WHEREAS Lessor and Lessee desire to extend the Lease in accordance with
the terms thereof;
NOW THEREFORE, for and in consideration of the foregoing, and the
agreements of the parties hereafter set forth, it is agreed as follows:
1. LEASE EXTENSION. The Lease is hereby extended and renewed for a
term of Thirty-nine (39) months, ("Extended Term") with the extended term
beginning on the 1st day of November 1, 1997 and ending on the 28th day of
February, 2001.
2. RENT. The monthly base rental for the Extended Term shall be the
sum of $18,543.96 beginning February 1, 1998 thru February 28, 2001.
Rent will be abated for these periods:
November 1997 $18543.96
December 1997 $18543.96
January 1997 $12912.08 (total rent due in
January is $5631.88)
3. OTHER TERMS. All of the terms, provisions, covenants, and
agreements contained in the Lease, except as may be specifically modified
herein, shall be fully applicable throughout the Extended Term.
4. BINDING EFFECT. The execution hereof and the resulting extension
and/or modification of the Lease, shall not in any way relieve or diminish the
obligations, responsibilities or liability of any Lessee or any guarantor of
any Lessee under the Lease, and it is agreed that all such obligations,
responsibilities and liability, and security therefor, shall continue
throughout the Extended Term. This Agreement shall be binding upon the parties
hereto and their respective heirs, executors, successors and assigns.
5. CHANGES OR ADDITIONS.
1. Monthly rental rate will change if taxes and insurance
increase. Lessor will provide tax receipts and/or copies of
insurance statements should either of these increase.
2. New total lease space size is 206,044 sq. ft. Please see
attached Exhibit "A" site plan.
EXECUTED this 16th day of October, 1997.
Xxxxxxxx-Xxxxxx Mfg. Co. Easy Gardener Acquisition Corp.
/s/ Xxxxxx X. Xxxxxxxx, III /s/ Xxxxxx X. Xxxxx
------------------------------- --------------------------------
Xxxxxx X. Xxxxxxxx, III, Pres. "Lessee"
"Leessor" Xxxxxx X. Xxxxx, VP Operations