EXHIBIT 10.12(a)
LEASE AMENDING AGREEMENT
THIS AGREEMENT made as of the 1st day of January, 2002.
IN PURSUANCE OF THE SHORT FORMS OF LEASES ACT
BETWEEN:
B.A.R.K. HOLDINGS INC., a corporation incorporated
under the laws of the Province of Ontario having its registered
office at 0000 Xxxxxxxx Xxxx, Xxxxxx, Xxxxxxx, X0X 0X0
(hereinafter called the "Landlord")
OF THE FIRST PART
-and-
COLUMBIA SPORTSWEAR CANADA LIMITED, a
corporation incorporated under the laws of the Province of
Ontario, having its registered office at 000 Xxxxxx Xxxxxx,
X.X. Xxx 000, Xxxxxxxxx, Xxxxxxx, X0X 0X0
(hereafter called the "Tenant"
OF THE SECOND PART
WHEREAS the Landlord and Tenant have entered into a Lease dated the 3rd day of
January, 1994, which was amended by lease amending agreement dated May 1st, 2000
(collectively referred to as the "Lease");
AND WHEREAS the Landlord has agreed to expand the warehouse premises at 000
Xxxxxx Xxxxxx by an additional 57,057 square feet (the "Expansion");
AND WHEREAS the parties have agreed to further to extend and amend the Lease.
IN CONSIDERATION of the Premises and the covenants contained herein, the
Landlord and Tenant agree as follows:
1. LEASE TERMS:
The terms and definitions of the Lease, save and except as previously and
herein amended, shall govern the terms of this Amending Agreement.
2. DEFINITIONS:
"Commencement Date" means the 1st day of January, 2002.
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"Premises" shall mean the warehouse and office building containing 10,402
square feet of office space and 155,940 square feet of warehouse space and
the lands and premises on which it is situate, and all structures and
appurtenances located thereon and appurtenant thereto, located at 000
Xxxxxx Xxxxxx in the Town of Strathroy in the County of Middlesex, which
land is legally described as Park Xxx 0, Xxxx 000, Xxxx xx Xxxxxxxxx,
Xxxxxxxx xx Xxxxxxxxx-Xxxxxxx, Xxxxxx of Middlesex, save and except the
westerly 8.25 feet of the said Lot being the whole of PIN 08584-0065.
3. TERM:
Section 3.01 of the Lease shall be amended to provide that the Term of the
Lease shall be for a term of ten (10) years commencing on the Commencement Date
and ending on December 31,2011.
4. RENT:
Section 4.07 of the Lease shall be amended to provide that the Basic Rent
payable by the Tenant to the Landlord during the Term shall be the sum of
FIVE HUNDRED AND EIGHTY-TWO THOUSAND ONE HUNDRED AND NINETY-SEVEN DOLLARS
($582,197.00) of the lawful money of Canada per year payable in advance on the
first (1st) day of each month of the term, in equal monthly installments of
FORTY-EIGHT THOUSAND AND FIVE HUNDRED AND SIXTEEN DOLLARS AND FORTY-TWO CENTS
($48,516.42), such payments to be made by cheque or money order made payable to
the Landlord as it may direct from time to time, the first payment of Basic Rent
being due on the Commencement Date. The Basic Rent shall not be subject to
adjustment after the first five (5) years of the Term as originally provided in
the Lease.
5. DEPOSIT:
Section 4.02 of the Lease shall be amended to provide that the Tenant
shall increase the deposit with the Landlord to a total amount of FORTY-EIGHT
THOUSAND FIVE HUNDRED AND SIXTEEN DOLLARS AND FORTY-TWO CENTS ($48,516.42).
6. LANDLORD'S TITLE:
Schedule "A" re Permitted Encumbrances shall be amended by adding the
existing first, second and third collateral changes, registered against the
Premises in Favor of Royal Bank of Canada.
7. CONFIRMATION:
Save and Except as provided in this Amending Agreement and the previous
Lease Amending Agreement dated May 1, 2000, the Landlord and Tenant confirm
that all of the terms of the Lease remain the same, time remains of the
essence, and the Lease shall remain in full force and effect unamended.
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IN WITNESS WHEREOF the parties have executed this Lease Amending Agreement.
B.A.R.K. HOLDINGS INC.
/s/ Xxxxxxx Xxxxxxxx
Per:------------------------------------------
Xxxxxxx Xxxxxxxx
President
I have authority to bind the Corporation.
COLUMBIA-SPORTSWEAR CANADA
LIMITED
/s/ Xxxxxxx Xxxxxx /s/ Xxxxx Xxxxxxx
Per:--------------------------------------------
NAME: Xxxxxxx Xxxxxx Xxxxx Xxxxxxx
TITLE: V.P. Operations Finance/Admin Manager
/s/
Per:--------------------------------------------
NAME:
TITLE:
We have authority to bind the Corporation.
