EX-10.5.2 3 exhb1052.htm MEXICO LEASE AGREEMENT II
EX-10.5.2
3
exhb1052.htm
MEXICO LEASE AGREEMENT II
LEASE AGREEMENT
PLAMEX II
LEASE AGREEMENT ENTERED INTO BY AND BETWEEN FINSA PORTAFOLIOS, S.A. DE C.V., AS LESSOR, REPRESENTED BY XX. XXXXXX X. XXXXXXXXX XXXXXXXX IN HIS CAPACITY AS LEGAL REPRESENTATIVE, AND PLAMEX, S.A. DE C.V., AS LESSEE, REPRESENTED BY XX. XXXXXXXXX XXXXXXXXXX XXXXXXXXX IN HIS CAPACITY AS LEGAL REPRESENTATIVE, ACCORDING TO THE FOLLOWING DECLARATIONS AND CLAUSES:
D E C L A R A T I O N S
EXHIBITS
EXHIBIT “A”. Land and Building Descriptive Plans.
EXHIBIT “B”. Protective Covenants and Restrictions.
EXHIBIT “C”. Operational Regulations of the Industrial Park.
EXHIBIT “D”. Maintenance Preventive Program.
EXHIBIT “E”. Corporate Guaranty.
-
The Lessor, through its legal representative states that:
- It is the owner of the Land and the Building described in Exhibit “A” hereto.
- Lessor wishes to lease the Leased Property to the Lessee under the terms and conditions herein below described.
- The Leased Property is zoned for all legal light and medium industrial purposes by the competent authorities in Tijuana, Baja California, Mexico.
- The Lessor and its legal representative have the necessary authority to enter into this Contract, such authority having been neither limited nor revoked in any manner whatsoever.
-
The Lessee, through its legal representative hereby states that:
- It is a mercantile corporation incorporated in accordance with the applicable Laws.
- It wishes to lease the Leased Property under the terms and conditions herein below mentioned.
- The Lessee and its legal representative have the necessary authority to enter into this contract, such authority having neither been limited nor revoked in any manner whatsoever as of the date hereof.
- Both parties state that in entering into this Agreement there has been neither error, violence, bad faith, duress among them nor other consensual defects.
- “Lessor” shall mean Finsa Portafolios, S.A. de C.V.
- “Lessee” shall mean Plamex, S.A. de C.V.
- “Maintenance and Technical Committee” shall mean the Maintenance and Technical Committee of the Industrial Park.
- “Agreement and/or Lease” shall mean this agreement with all its exhibits, attachments and future amendments and addendums agreed by both parties.
- “Security Deposit” shall be in an amount equal to 2 (two) months Rent (as defined below) plus the value added tax applicable in Mexico or any other tax or charge of a fiscal nature that substitutes the value added tax.
- “Lessor's Address” shall mean Privada Misiones No. 1123-4, Misiones Industrial Park, in Tijuana, Baja California, CP 22500, with copy to Xxxxxxx Xxxxxxx Xxxxxxx, Xx. 000-X, Xxxxxxx Xxxxx xxx Xxxxxxxxx, 00000 San Xxxxx Xxxxx Xxxxxx, Nuevo Xxxx, Mexico. Attention: Xx. Xxxxxx X. Xxxxxxxxx Xxxxxxxx, with copy to Xxxxx X. Xxxxx and Xxxx X. Xxxxxxxx Xxxxxxxx, Esq.
- “Lessee's Address” shall mean Lot 3-A of Block 3 located at Avenida Produccion No. 15-B in the Finsa Tijuana International Industrial Park, Tijuana, Baja California, CP 23290, Mexico. Attention: Xx. Xxxxxxxxx Xxxxxxxxxx Xxxxxxxxx.
- “Building” shall mean the building and other improvements constructed by Lessor on the Land, having a surface area of approximately 5,740.04 square meters (61,785.20 square feet).
- “Commencement Date” shall mean May 1, 2004 and upon which the payment of Rent (as such term is defined below) by Lessee shall commence in the terms and conditions of this Agreement.
- “Expiration Date” shall mean April 30, 2009.
- “Guarantor” shall mean Plantronics Inc.
- “Guaranty” shall mean the guaranty of Lessee’s obligations under this Agreement, executed and delivered by Guarantor simultaneously with the execution and delivery of this Agreement and substantially in terms of the format attached hereto as Exhibit “E”.
- “Laws” shall mean all applicable laws, including, but not limited to, environmental laws, the Civil Code of the State of Baja California, Mexico, its statutes, codes, orders, official norms, regulations and with any related directive, and with all rules, orders, regulations or requirements of any board of fire underwriters or any other similar body with respect to the Leased Property or the use or occupancy thereof.
- “Mexico” shall mean the United Mexican States.
- “Industrial Park” shall mean the Finsa Tijuana International Industrial Park located at Tijuana, Baja California, Mexico.
- “Extension Periods” shall have the meaning given to that term in Clause Thirteenth.
- “Leased Property” shall mean the Land and the Building.
- “Rent” has the meaning given to that term in Clause Fifth.
- “Term” shall mean the Initial Term including the Extension Periods in case that the Initial Term is extended in accordance with the terms and conditions set forth in this Agreement.
- “Initial Term” shall mean the period commencing on the Commencement Date and ending on the Expiration Date.
- “Land” shall mean a portion of approximately 120,136.40 square feet from certain real property with total surface of approximately 21,058.58 square meters (approximately 226,672.44 square feet), identified as Xxx 0 xx Xxxxx 0 xx xxx Xxxxxxxxxx Xxxx, on which the Building is constructed, which equals to the 53 % of such real property.
- “Permitted Uses” shall mean non-contaminating manufacturing, warehouse and office uses to the extent these are permitted under the Licencia de Uso del Suelo, the zoning designations, contained in the City of Tijuana, Baja California, Mexico, applicable Laws and the Industrial Park covenants and internal regulations.
THE LESSOR FINSA PORTAFOLIOS, S.A. DE C.V. By ________________________________ Name: Xxxxxx X. Xxxxxxxxx Xxxxxxxx Title: Legal Representative | THE LESSEE PLAMEX, S.A. DE C.V. By ________________________________ Name: Xxxxxxxxx Xxxxxxxxxx Xxxxxxxxx Title: Legal Representative |