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EXHIBIT 10.30
DREYER'S
GRAND
ICE CREAM
April 23, 1996
Smithway Associates, Inc.
0000 Xxxxxxxx Xxxxxx #000
Xxxxxxxx, XX 00000
Attn: Mr. Xxxxx Xxxxx
Re: Dreyer's Grand Ice Cream, Inc./Smithway Associates, Inc.
Gentlemen:
Except for leasehold rights to the spaces described in the documents
identified in the second paragraph of this letter, Xxxxxx'x Grand Ice Cream,
Inc. ("Dreyer's") hereby surrenders any leasehold rights it may hold to spaces
described in the agreements set out on Schedule 1 attached hereto and
incorporated herein by reference (all such agreements collectively referred to
as the "Lease") relating to the premises at 0000 Xxxx Xxxxxxxx Xxxxxx,
Xxxxxxxx, Xxxxxxxxxx 00000 (the "Premises"), and Smithway Associates, Inc.
("Smithway") hereby acknowledges and agrees that Dreyer's has no obligations or
liabilities under the Lease with regard to such surrendered spaces, excepting
only the obligation to make the repairs described on Schedule 2 attached
hereto.
The following documents accurately describe the spaces currently
occupied by Dreyer's at the Premises:
1. Amendment Letter between Smithway and Dreyer's dated as of
August 4, 1995;
2. Sublease Agreement between Dreyer's and JAA Corporation dated
as of October 4, 1995;
3. Letter of Smithway to Dreyer's dated December 1, 1995; and
4. April 1996 Amendment between Smithway and Dreyer's dated April
23, 1996.
Very truly yours,
Dreyer's Grand Ice Cream, Inc.
By:
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Title: Treasurer
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Enclosure
Acknowledged and Agreed this 23rd day of April, 1996:
Smithway Associates, Inc.
By:
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Title: President
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SCHEDULE 1 TO LETTER DATED APRIL 23, 1996
The Original Lease has been amended by the following documents:
Title Date
----- ----
Amendment to Agreement and Lease between Dreyer's
and Xxxx and Xxxxxx Xxxxxxx January 27, 1982
*Second Amendment to Agreement and Lease between
Dreyer's and Xxxx and Xxxxxx Xxxxxxx July 16, 1982
Third Amendment to Agreement and Lease, including
exhibits 29-35, between Dreyer's and Xxx. Xxxxxx Xxxxxxx,
dba TJ Investments January 1, 1985
Letter Agreement between Dreyer's and Xxx. Xxxxxx Xxxxxxx,
dba TJ Investments October 25, 1985
Rental Agreement between Dreyer's and Xxx. Xxxxxx Xxxxxxx,
dba TJ Investments May 1, 1987
Agreement between Dreyer's and Xxxxxx Xxxxxxx, Trustee of the
Xxxxxx Xxxxxxx Revocable Trust, dba TJ Investments May 31, 1988
Assignment of Lease among Xxxxxx Foods, Inc., Dreyer's,
Smithway, and Greyhound Real Estate Finance Company March 31, 1989
Amendment of (Xxxxxx) Lease between Dreyer's and Smithway March 31, 1989
*Amendment of Lease between Dreyer's and Smithway March 31, 1989
*Option exercise letter between Dreyer's and Smithway October 4, 1990
Amendment Letter between Smithway and Dreyer's August 4, 1995
Sublease Agreement between Dreyer's and JAA Corporation October 4, 0000
Xxxxxx xx Xxxxxxxx to Dreyer's December 1, 1995
April 1996 Amendment between Smithway and Xxxxxx'x Xxxxx 23, 1996
*These amendments have been superseded or are fully performed and
retain no continuing obligation of either party.
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Schedule 2
To Letter Dated April 23, 1996
Foremost Maintenance Shop
* Replace doors leading into warehouse
* Repair/replace sink (cost to be split between Dreyer's and
Smithway)
* Repair holes in warehouse wall
Dry Storage
* Floor repairs
Truck shop
* Repair rollup door
* Remove phone
* Repair hanging electrical conduit
* Remove xxxx/speaker
* Repair sink/water supply
* Replace metal plate cover at canopy entry
* Remove hanging phone lines to left of garage
* Re-lag conduit on cinder block fence
* Remove barrels and trash
* Repair concrete
Other
* Meter changes our #53 and #54
