Exhibit 10.13
Third Addendum to Lease Agreement
The Lease Agreement (the "Lease") dated May 31, 2001 by and between
RMS Properties II, LLC, an Illinois Limited Liability Company and PET
MED EXPRESS, Inc., a Florida Corporation, ("Tenant") as the same was
assigned to CASE HOLDING COMPANY, INC., a Florida Corporation
("Landlord") and as the same was amended by that certain Addendum to
Lease Agreement dated June 1st, 2002 (the "first amendment"), and July
25, 2003 (the "second amendment) is hereby further amended, effective
May 11, 2005, as follows:
1. Section 1.1 of the Lease is amended in its entirety to read as
follows:
1.1 Annual Rent: The annual rent payable monthly shall be
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calculated as follows:
LEASE YEAR BASE YEARLY RENT CALCULATION MONTHLY PAYMENT Sales Tax (at
current 6% rate)
5th YEAR- June 1st, 2005 Base Rent shall be calculated at the $34,384.93 per month, $2,063.10.
through May 31st, 2006 rate of 9.56 per square foot (on plus sales tax.
43,161 square feet). The annual rent
being $412,619.16.
6th YEAR- June 1st, 2006 Base rent shall be calculated at the $35,751.70 per month $2,145.10
through May 31st, 2007 rate of 9.94 per square foot (on plus sales tax.
43,161 square feet). The annual
rent being $429,020.34
7th YEAR- June 1st, 2007 Base rent shall be calculated at the $37,190.40 per month $2,231.43
through May 31st, 2008 rate of 10.34 per square foot (on plus sales tax
43,161 square feet). The total annual
rent being $446,284.74.
8th YEAR- June 1st, 2008 Base rent shall be calculated at the $38,665.06 per month $2,319.90
Through May 31st, 2009 rate of 10.75 per square foot (on plus sales tax
43,161 square feet). The total annual
rent being $463,980.75
* Sales Tax shall be adjusted upon any change in the actual sales tax
rate.
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2. The first sentence of Section 1.8 of the Lease is amended in its
entirety to read as follows:
1.8 Premises - That portion of the Building containing 43,161
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square feet.
3. The second sentence of Section 6.2 of the Lease is amended in its
entirety to read as follows:
Tenant shall pay Landlord 86.32% of the insurance premium paid by
Landlord for the All Risk Coverage provided that Tenant shall not
be responsible for any portion of such premium not applicable to
the Tenant's term under this Lease and all such insurance
premiums shall be reasonable and based upon customary insurance
coverage for similar buildings in the area.
4. As hereinabove amended, the Lease, as amended by the first and
second amendments, will remain in full force and effect. To the extent
the same are not inconsistent with the terms set forth in this Third
Amendment, all other terms and conditions of the Lease, as amended by
the first and second amendments, shall remain in full force and
effect.
IN WITNESS WHEREOF, the parties have signed, sealed, and delivered
this Addendum to Lease on the date and on this 11th day of May, 2005.
WITNESSES: LANDLORD:
CASE HOLDING COMPANY,
INC., a Florida Corporation
/s/ Susan Graham By: /s/ Cy Case
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Printed Name: Susan Graham CY J. CASE, President
Dated: 5-11-05
/s/ Georgette R. Costas
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Printed Name: Georgette R. Costas
WITNESSES: TENANT:
PETMED EXPRESS, INC., a
Florida Corporation,
/s/ Wendy Zalai By: /s/ Bruce S. Rosenbloom
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Printed Name: Wendy Zalai Print: Bruce S. Rosenbloom
Title: CFO
/s/ Alison Berges
- --------------------------- Dated: 5/18/05
Printed Name: Alison Berges
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