Exhibit 10.9
Bravo! Foods International Corp.
March 3, 2004
Xxxxxxx X. Xxxxxxx
Xxxxxxx/Xxxxxxxx Partners, Inc.
000 Xxxxx Xxxxxxx Xxxxx, Xxxxx 000
Xxxx Xxxx Xxxxx, Xxxxxxx 00000
Re: The Towers Lease for Suite 202; Amendment No.1
Dear Xxxx:
This letter confirms our understanding that paragraph 3 of the
enclosed Amendment No.1 document applies only to leasehold improvements and
does not apply to Landlord's obligations under the lease with respect to
maintenance and capital expenditures, if appropriate.
Please have a copy of this letter countersigned by authorized
representative of Landlord and return same to Bravo! Foods for inclusion in
our lease file.
Sincerely,
/s/ Xxx X. Xxxxxx, Xx.
Vice President, General Counsel
ACCEPTED:
HFC Realty, Inc.
Landlord
By: /S/ Xxxxx X. Xxxxxxx, Xx,
March 8, 2004
THE TOWERS
OF
PALM BEACH GARDENS, FLORIDA
AMENDMENT NO.1 TO LEASE AGREEMENT ("AMENDMENT")
Pursuant to and in accordance with Section 24.3 of that certain Lease
Agreement (the "Lease") dated January 19, 1999 by and between HCF Really,
Inc. ("Landlord") and China Peregrine Food Corporation, whose name was
formally changed on March 26, 2003 to Bravo! Foods International Corp., a
Delaware corporation ("Tenant"), pursuant to which Tenant is leasing from
Landlord 2,485 Rentable Square Feet (as defined in Section 1.1 of the
Lease) on the second floor of the Building (as defined in Section 1.1 of
the Lease), the undersigned do hereby modify and amend the Lease in
accordance with the following terms and conditions:
1. Section 2.1 of the Lease shall be deleted and in its place the
following substituted:
"2.1. The Leased Premises are leased for a term commencing at
12:01 a.m. on June 1, 1999 and expiring at 11:50 p.m. on May 31, 2009
(hereinafter called the "Term"), unless the Term shall sooner expire
as hereinafter provided."
2. Section 3 of the Lease is amended in the following manner:
a) The terms and provisions of Section 3 of the Lease
concerning Base Rent, as defined in Section 3.1 of the Lease, shall
remain applicable through May 31, 2004. Commencing on June 1, 2004
and continuing through May 31, 2009, Tenant's Base Rent shall be
$3,106.25 per month ($15.00 per Rentable Square Foot) payable in
lawful money of the United States in advance of the first day of each
month during the remaining five (5) year Term of the Lease, subject
to the continuing annual adjustments as are set forth in Section 3.2
of the Lease.
3. Notwithstanding anything within the Lease to the contrary, by
executing this Amendment, Tenant accepts the Leased Premises in its "as-is,
where-is" condition, with no obligation on the part of Landlord to perform
any work in the Leased Premises, or to reimburse Tenant for any work Tenant
performs in the Leased Premises.
4. This Amendment shall be binding upon, and shall inure to the
benefit of, the parties hereto and their respective heirs, successors,
assigns, agents, managing agents, representatives, employees, any party
claiming by, through or under any of such parties and any and all
affiliates and subsidiaries thereof and all other related parties.
5. Except as hereby amended, the Lease shall remain unchanged in
full force and effect. If there is any conflict or inconsistency between
the terms and provisions of the Lease and the
terms and provision of this Amendment, this Amendment shall control to the
extent of the inconsistency.
6. The parties herby represent that they are the sole legal and
beneficial owners and holds of their respective claims, if any, released
herein, and this Amendment is effective without the approval of any other
person or entity.
7. The signatories hereto each hereby warrant to the parties hereto
that they are authorized to enter into and agree to the provisions of the
Amendment on behalf of the parties hereto.
IN WITNESS WHEREOF, each party hereto has caused this instrument to
be executed by its duly authorized officer as of the dates set forth below.
Witnesses: Bravo! Foods International Corp, a
Delaware corporation
Tenant
By: /s/ Xxx X. Xxxxxx
------------------------------ --------------------------------
Xxx X. Xxxxxx
------------------------------ CEO
March 03, 2004
Witnesses: HCF Realty, Inc.
Landlord
By: /s/ Xxxxx X. Xxxxxxx, Xx.
------------------------------ --------------------------------
Xxxxx X. Xxxxxxx, Xx.
------------------------------ Vice President
March 8, 2004
