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Title: |
Lease Agreement |
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Entities: |
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Date: |
2006 |
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Size: |
60KB total |
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Price: |
$44 |
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ID: |
#965954 |
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LEASE AGREEMENT
THIS LEASE is executed this 5th day of October, 2005, by and between DUGAN REALTY, L.L.C., an Indiana limited liability company (Landlord), and GAIAM, INC., a Colorado corporation (Tenant).
WITNESSETH:
ARTICLE 1 - LEASE OF PREMISES
Section 1.01. Basic Lease Provisions and Definitions.
A. Leased Premises (shown outlined on Exhibit A attached hereto): 5455 West Chester Road, West Chester, Ohio 45069; Building No. 7 (the Building); located in World Park at Union Centre (the Park);
B. Rentable Area: Approximately 147,000 square feet;
C. Tenants Proportionate Share: 53.85;
D. Minimum Annual Rent:
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October 1, 2005 - September 30, 2006 |
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$ |
463,050.00 |
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October 1, 2006 - September 30, 2007 |
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$ |
474,810.00 |
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October 1, 2007 - September 30, 2008 |
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$ |
486,570.00; |
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E. Monthly Rental Installments:
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October 1, 2005 - September 30, 2006 |
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$ |
38,587.50 per month |
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October 1, 2006 - September 30, 2007 |
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$ |
39,567.50 per month |
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October 1, 2007 - September 30, 2008 |
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$ |
40,547.50 per month; |
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F. [Intentionally Omitted];
G. Lease Term: Three (3) years;
H. Commencement Date: October 1, 2005;
I. Security Deposit: None;
J. Guarantor(s): None;
K. Brokers: Duke Realty Services Limited Partnership representing Landlord and Colliers Turley Martin Tucker representing Tenant;
L. Permitted Use: General office, warehousing and distribution of miscellaneous consumer goods and related purposes;
M. Address for notices:
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Landlord: |
Dugan Realty, L.L.C. |
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c/o Duke Realty Services Limited Partnership |
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Attn: Property Manager |
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4555 Lake Forest Drive, Suite 400 |
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Cincinnati, OH 45242 |
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With a Copy to: |
Dugan Realty, L.L.C. |
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c/o Duke Realty Services Limited Partnership |
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Attn.: Jeff Behm |
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600 East 96th Street, Suite 100 |
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Indianapolis, IN 46240 |
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With Payments to: |
Dugan Realty, L.L.C. |
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c/o Duke Realty Services Limited Partnership |
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75 Remittance Drive, Suite 1106 |
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Chicago, IL 60675-1106 |
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Tenant: |
Gaiam, Inc. |
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Attn: Mark Lipien |
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360 Interlochen Boulevard, Suite 300 |
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Broomfield, CO 80021 |
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With a Copy to: |
Gaiam, Inc. |
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5455 West Chester Road |
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West Chester, OH 45069. |
Section 1.02. Leased Premises. Landlord hereby leases to Tenant and Tenant leases from Landlord, under the terms and conditions herein, the Leased Premises.
ARTICLE 2 - TERM AND POSSESSION
Section 2.01. Term. The Commencement Date and Lease Term shall be as set forth in Sections 1.01(g) and 1.01(h) above.
Section 2.02. Construction of Tenant Improvements. Landlord shall construct and install all leasehold improvements to the Leased Premises (collectively, the Tenant Improvements) in accordance with Exhibit B attached hereto and made a part hereof. Landlord hereby warrants for a period of one (1) year from the Commencement Date, the Leased Premises against defects in materials and workmanship, routine maintenance and ordinary wear and tear excepted. Upon the Commencement Date, Landlord shall enforce for the benefit of Tenant all other warranties relating to the Leased Premises and any and all systems contained therein for the applicable period of each warranty. Tenant shall not take any action which shall invalidate any of the foregoing warranties and shall provide Landlord with written notice of all warranty claims.
Section 2.03. Surrender of the Premises. Upon the expiration or earlier termination of this Lease, Tenant shall immediately surrender the Leased Premises to Landlord in broom-clean condition and in good condition and repair, normal wear and tear excepted. Tenant shall also remove its personal property, trade fixtures and any of Tenants alterations designated by Landlord, promptly repair any damage caused by such removal, and restore the Leased Premises to the condition existing prior to the installation of such items. If Tenant fails to do so, Landlord may restore the Leased Premises to such condition at Tenants expense, Landlord may cause all of said property to be removed at Tenants expense, and Tenant hereby agrees to pay all the costs and expenses thereby reasonably incurred. All Tenant property which is not removed within ten (10) days following Landlords written demand therefor shall be conclusively deemed to have been abandoned by Tenant, and Landlord shall be entitled to dispose of such property at Tenants cost without thereby incurring any liability to Tenant. The provisions of this section shall survive the expiration or other termination of this Lease.
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