LEASE AMENDING AGREEMENT
Exhibit 10.23
This Agreement made this 1st day of October, 2017
BETWEEN:
BEREZAN MANAGEMENT (ALTA)
LTD. AS AGENT FOR 1093155
ALBERTA LTD.
(hereinafter referred to as the "Landlord")
OF THE
FIRST PART
- and -
GROWLIFE HYDROPONIC INC.
(hereinafter referred to as the
"Tenant" )
OF
THE SECOND PART
WHEREAS, by a lease dated the 31st day of August, 2017
(hereinafter referred to as the
"Lease") made between BEREZAN MANAGEMENT (ALTA) LTD. AS
AGENT FOR 1093155 ALBERTA LTD. as Landlord and GROWLIFE HYDROPONIC INC. as Tenant, the Landlord leased to the Tenant the
premises known as
Xxxx 000, 0000
- 00xx
Xxxxxx XX,
Xxxxxxx, Xxxxxxx
(hereinafter referred to as the "Premises");
AND WHEREAS,
the Landlord and the Tenant
have agreed to amend the Lease upon the
terms and conditions herein set out;
NOW THEREFORE TIDS AGREEMENT
WITNESSETH that in
consideration of the Premises and the mutual covenants and
agreements herein contained, it is hereby
agreed as follows;
1. Effective
as of the date first
set forth above, the Landlord and Tenant
hereby agree to amend the Lease upon the following terms and conditions:
2. Area of
Premises.
The Area of the Premises is 2,663
square feet.
3. Base
Rent. The
Base Rent is as follows:
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RATE
($per sgft/annum)
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BASE RENT
(Yearly)
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BASE RENT
(Monthly)
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Entire
Term:
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Oct 1/17 to Sep 30/22
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$12.00
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$31,956.00
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$2,663.00
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4. Deposit.
The Landlord confirms receiving a
deposit in the amount of $14,837.53 including G.S.T. The Deposit shall be held
and applied by the Landlord without liability for interest as
follows:
(a)
firstly, $4,590.35 to
be applied towards the payment of Base Rent and
Additional Rent, inclusive of GST for the month
of October, 2017;
(b)
secondly, 1,066.48 to
be applied towards the payment of Base Rent and Additional Rent,
inclusive of GST for the month of November,
2017;
(c)
thirdly,
$4,590.35 to be applied towards the payment of Base Rent and
Additional Rent, inclusive of GST for the last month of the Term of
the Lease; and
(d)
lastly,
the balance of $4,590.35 to be held as a security deposit as more
particularly set out in section 6
of the Lease
Agreement.
5. It is hereby agreed between the parties hereto
that this Agreement shall, from the date hereof, be read and
construed with the Lease and be incorporated into and be treated as
a part thereof. The Lease is hereby amended and the Lease so
amended, together with all the covenants and provisions
thereof which are not amended by this Agreement, shall remain
in full
force and effect.
6. This Agreement shall enure to the benefit of and
be binding upon the parties hereto and their respective heirs,
executors, administrators, successors
and assigns; wherever the singular or masculine gender is used in
the Agreement, the same shall be construed as including the plural
and feminine or neuter gender with the fact or context so
requires.
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LANDLORD:
BEREZAN MANAGEMENT (ALTA) LTD.
AS AGENT FOR 1093155 ALBERTA LTD.
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Per:
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/s/
Xxxxxx Xxxxxxx
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Xxxxxx Xxxxxxx,
CPM |
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Regional Manager |
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TENANT:
GROWLIFE HYDROPONIC INC.
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Per:
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/s/
Xxxx Xxxxx
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Xxxx Xxxxx
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Title:
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National Sales Manager |
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I have the authority to bind the corporation |
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