CERTIFICATE OF LEASE TERMINATION
Exhibit
10.27
CERTIFICATE
OF LEASE TERMINATION
This
Certificate of Lease Termination is being executed by Pizzagalli Properties,
LLC, as landlord (the "Landlord"), and Cloverleaf Properties, Inc., as tenant
(the "Tenant"), as of the 10th day of November, 2004.
Background
A. The
Landlord and the Tenant have previously entered into a certain Lease by and
between Pizzagalli Property Company (predecessor in interest to Landlord) and
Cloverleaf Properties, Inc., dated December 11, 1989, as amended by a First
Amendment, also dated December 11, 1989, and by a Second Amendment, dated April
16, 1993 (as amended, the “Lease”).
B. The Lease
is evidenced by a certain Short Form Lease With Option To Purchase, dated
December 11, 1989, and recorded in Volume 128, Page 273 of the Town of Shelburne
land records.
C. The
Landlord and the Tenant have entered into that certain Lease Termination
Agreement, dated November 10, 2004 (the "Lease Termination
Agreement").
D. The
Landlord and the Tenant desire to provide notice of the termination of the Lease
by executing this Certificate of Lease Termination for recording in the Town of
Shelburne land records.
Notice
of Termination
The
Landlord and the Tenant hereby give notice of the termination of the
Lease.
1. Termination. The
Landlord and the Tenant hereby confirm that the Lease has been terminated in
accordance with the terms and conditions of the Lease Termination Agreement. The
effective date of the termination is November 10th, 2004. The Tenant hereby
acknowledges that the Option to Purchase set forth in the Lease was not
exercised within the time period provided in the Lease and has expired and is
void and of no further force and effect.
2. Effect. This
Certificate of Lease Termination is intended to confirm the effective date of
termination of the Lease and for purposes of giving notice of the termination of
the Lease. It is not intended to amend, modify, or otherwise alter the terms and
conditions of the Lease Termination Agreement. In the event of any inconsistency
between the terms of this Certificate of Lease Termination and the terms of the
Lease Termination Agreement, the terms of the Lease Termination Agreement shall
control.
IN
WITNESS WHEREOF, the Landlord and the Tenant have caused this instrument to be
executed as of the date set forth above.
IN THE
PRESENCE OF:
TENANT
Cloverleaf Properties, Inc.
Xxxxxx
Xxxxxxx By:
/s/ Xxxxxxx X.
XxxxXxxxxx
Witness Its Vice
President and Duly Authorized Agent
STATE OF
_________________
COUNTY OF
_________________, SS.
At
______________, in said County, this ___ day of November, 2004,
_____________________, duly authorized agent of Cloverleaf Properties, Inc.,
personally appeared, and he/she acknowledged this instrument, by him/her
subscribed, to be his/her free act and deed and the free act and deed of
Cloverleaf Properties, Inc.
Before
me: _______________________________________________
Notary
Public
My
Commission Expires: 2/10/07
LANDLORD
PIZZAGALLI
PROPERTIES, LLC
____________________ By:
By:
/s/ Xxxxx
Xxxxxxxxxx
Witness
Its President Xxxx Authorized Agent
STATE OF
VERMONT
COUNTY OF
XXXXXXXXXX, XX.
At
___________, in said County, this ___ day of November, 2004,
___________________, duly authorized agent of Pizzagalli Properties, LLC,
personally appeared, and he acknowledged this instrument, by him subscribed, to
be his free act and deed and the free act and deed of Pizzagalli Properties,
LLC.
Before
me: _______________________________
Notary
Public
My
Commission Expires: 2/10/07
