Exhibit 30.36
LEASE TERMINATION AGREEMENT
THIS AGREEMENT, made effective as of the 1st day of October, 2001 by and
between Xxxxxxx X. Xxxxxxxxx, Xxxxx Xxxxxxxxx, Xxxxxxx Xxxxxx and Xxxxxx X.
Xxxxxx, as Trustees of the Xxxxxx Family Trust dated May 13, 1999, Xxxxx Xxxxx,
and Xxxxxxx Xxxxxxxxx, as trustee of the Namimatsu Trust dated July 27, 1981
(hereinafter collectively referred to as "Landlord"), and Spectrum Organic
Products, Inc., a California corporation formerly known as Organic Food
Products, Inc. (hereinafter referred to as "Tenant").
WITNESSETH:
WHEREAS, the parties are also the successors-in-interest under a lease (the
"Lease" or "Lease Agreement") dated December 1, 1995 for certain real property
located at 000 Xxxxxxxx Xxxx, Xxxxxx Xxxx, Xxxxxxxxxx (the "premises");
WHEREAS, Tenant has vacated the premises and removed its personal property
from the premises; and
WHEREAS, Landlord is willing to terminate the Lease Agreement on the terms
and conditions hereinafter set forth.
NOW THEREFORE, in consideration of the promises contained herein and for
other good and valuable consideration, the receipt and sufficiency whereof are
hereby acknowledged, Landlord and Tenant do hereby agree as follows:
1. Lease Termination: The term of the Lease Agreement shall terminate at
11:59 P.M. (P.S.T.) on September 30, 2001 (the "Accelerated Termination Date").
2. Consideration: As consideration for the early termination of the term
of the Lease, Tenant shall pay to Landlord, on the execution of this Lease
Termination Agreement, the sum of Forty Two Thousand Six Hundred Twenty-six and
43/100 Dollars ($42,626.43).
3. Delivery Of Premises/Return of Security Deposit: On the Accelerated
Termination Date, Tenant shall surrender the premises to Landlord, in accordance
with the provisions of the Lease Agreement, Provided However, that Tenant shall
have no duty to repair or replace the cooler or cooling system, as included
within the payment described in Paragraph 2, above, is the sum of Twenty One
Thousand Four Hundred Dollars ($21,400.00) for the repair of the cooler. On
delivery of the premises in compliance with the provisions of the Lease,
Landlord shall deliver to Tenant its security deposit in the amount of Six
Thousand Four Hundred Eighty Dollars ($6,480.00).
[SIGNATURE PAGE FOLLOWS]
1.
IN WITNESS WHEREOF, Landlord and Tenant have executed this Agreement as of
the day and year first above written.
Landlord:
/s/ Xxxxxxx X. Xxxxxxxxx /s/ Xxxxx Xxxxx
---------------------------------- -----------------------------------
Xxxxxxx X. Xxxxxxxxx Xxxxx Xxxxx
/s/ Xxxxx Xxxxxxxxx Xxxxxxx Xxxxxx and Xxxxxx X. Xxxxxx,
---------------------------------- as Trustees of the Xxxxxx Family
Xxxxx Xxxxxxxxx Trust dated May 13, 1999
Xxxxxxx Xxxxxxxxx as Trustee of The /s/ Xxxxxxx Xxxxxx
Xxxxxxxxx Trust dated July 27, 1981 -----------------------------------
Xxxxxxx Xxxxxx, Trustee
/s/ Xxxxxxx Xxxxxxxxx /s/ Xxxxxx Xxxxxx
---------------------------------- -----------------------------------
Xxxxxxx Xxxxxxxxx, Trustee Xxxxxx Xxxxxx, Trustee
Tenant:
Spectrum Organic Products, Inc.
a California corporation
By: /s/ Xxxxxx Xxxxxxxx, Xx.
-------------------------------
Xxxxxx Xxxxxxxx, Xx.
Vice President of Operations
By: /s/ Xxxxxx X. Xxxxxx
-------------------------------
Xxxxxx X. Xxxxxx
Chief Financial Officer
2.
