Exhibit 6.29
SECOND AMENDMENT OF LEASE
PARTIES:
This amendment of Lease is entered into this 11th day of July, 1996, by and
between ROEBBELEN LAND COMPANY, A California Limited Partnership (hereinafter
referred to as "Landlord") and FOOD EXTRUSION, INC. (hereinafter referred to as
"Tenant").
RECITALS:
Landlord and Tenant entered into a written Commercial Lease and Deposit Receipt
dated December 23, 1991, which was amended by a First Amendment of Lease dated
January 19, 1994, for the lease of certain premises located at 0000 Xxxxx Xxxxxx
Xxxxx, Xxxxx 000, Xx Xxxxxx Xxxxx, Xxxxxxxxxx 00000 (hereinafter referred to as
the "Premises").
Under a separate lease (hereinafter referred to as the "Separate Lease"), Tenant
has leased from Landlord additional space known as Suites D, E and F, 0000 Xxxxx
Xxxxxx Xxxxx, Xx Xxxxxx Xxxxx, Xxxxxxxxxx 00000, which Separate Lease has a term
often years commencing October 1, 1996 and expiring September 30, 2006.
Landlord and Tenant desire to extend the term of the Lease to be concurrent with
the term of the Separate Lease.
Landlord and Tenant desire by this Agreement to amend the Lease as hereinafter
provided.
TERMS:
NOW, THEREFORE, the parties agree as follows:
1. Term: The expiration date of the Lease shall be changed from January 19,
1997, the current expiration date, to September 30, 2006, the new expiration
date. The Tenant shall have the unilateral right to terminate the Lease
effective September 30, 2001, by giving the Landlord six months prior written
notice of its intention to terminate the Lease.
2. Rent: The rent payments for the extended term are scheduled on the "Rent
Rider" attached to this Second Amendment of Lease and are summarized as follows:
October 1, 1996 through September 30, 1998 $70,584.00 per year
October 1, 1998 through September 30, 2000 $72,348.60 per year
October 1, 2000 through September 30, 2002 $74,157.32 per year
October 1, 2002 through September 30, 2004 $76,011.25 per year
October 1, 2004 through September 30, 2006 $77,911.53 per year
The rent shall be paid in advance in annual installments on October 1st of each
lease year in the amounts stipulated above and on the Rent Rider. The first
annual installment of rent in the amount of $70,584.00 shall be due on October
1, 1996, for the period from October 1, 1996, through September 30, 1997. The
Tenant shall receive a credit from the Landlord against the first annual
installment of rent in the amount of $21,371.27 for prepaid rent for the period
from October 1, 1996, through January 19, 1997. The net amount of the first
installment of rent after credit for the prepaid rent shall be $49,212.73. All
rents shall be paid to Landlord or its authorized agent at 0000 Xxxxx Xxxxxx
Xxxxx, Xx Xxxxxx Xxxxx, Xxxxxxxxxx 00000, or at such other places as may be
designated by Landlord from tie to time. In the event rent is not paid within
fifteen (15) days after the due date, the Tenant agrees to pay a late charge of
$250.00 plus interest at 1 1/2% per month on the delinquent amount. The late
charge is not a grace period, and the Landlord is entitled to make written
demand for any rent if not paid when due. Any unpaid balances remaining after
termination of occupancy are subject to 11/2% interest per month or the maximum
rate allowed by law.
All other terms and conditions of the Lease shall remain the same.
IN WITNESS WHEREOF, this Amendment of Lease has been duly executed by the
parties as of the date first above written.
Landlord: Tenant:
ROEBBELEN LAND COMPANY, FOOD EXTRUSION, INC.
A California Limited A Nevada corporation
Partnership
By: /s/ Xxxxx Xxxxxxx By:/s/ X.X. XxXxxx
------------------- -------------------
Xxxxx Xxxxxxx Xxxxxx XxXxxx
General Partner Chairman of the Board
RENT RIDER
FOOD EXTRUSION, INC.
0000 Xxxxx Xxxxxx Xxxxx, Xxxxx 000
Xx Xxxxxx Xxxxx, Xxxxxxxxxx 00000
RENT
Lease Date Rent Office
Year From To Escalator Per SF/Mo Total/Mo Total/Yr
---- ---- -- --------- --------- -------- --------
1 10/01/96 09/30/97 N/A 1.05 12.64 70,584.00
2 10/01/97 09/30/98 0.00% 1.05 12.64 70,584.00
3 10/01/98 09/30/99 2.50% 1.08 12.96 72,348.60
4 10/01/99 09/30/00 0.00% 1.08 12.96 72,348.60
5 10/01/00 09/30/01 2.50% 1.11 13.28 74,157.32
6 10/01/01 09/30/02 0.00% 1.11 13.28 74,157.32
7 10/01/02 09/30/03 2.50% 1.13 13.61 76,011.25
8 10/01/03 09/30/04 0.00% 1.13 13.61 76,011.25
9 10/01/04 09/30/05 2.50% 1.16 13.96 77,911.53
10 10/01/05 09/30/06 0.00% 1.16 13.96 77,911.53
Cumulative Change, Yrs 1-10 10.38% 0.11 1.31 7,327.53
Notes:
1. Total Office Area 5,583 sf
2. First Year Net Rent:
Total First year rent: 70,584.00
Less: Prepaid Rent
10/01/96 10/31/96 (5,882.00)
11/01/96 11/30/96 (5,882.00)
12/01/96 12//31/96 (5,882.00)
01/01/96 01/19/96 (3,725.27)
Subtotal Prepaid Rent (21,371.27)
Net First Year Rent 49,212.73
