Exhibit
10.137
LEASE EXTENSION
AGREEMENT
This Lease Extension Agreement is made and
entered into on this 8 th day of June, 2009 by and between 14
TH STREET DEVELOPMENT LLC, (hereinafter called
“Landlord”) and NICKEL USA, INC. d/b/a/ NICKEL
(hereinafter called “Tenant”).
WHEREAS, Landlord and Tenant are parties to that
Lease Agreement dated March 1, 2001 (the “Lease”) with
respect to certain real property designated as Commercial
Condominium Unit No. 2 and located at 77-79 Eighth Avenue, New
York, N.Y. as more specifically described in the Lease (the
“Demised Premises”); and
WHEREAS, the present Term of the Lease expires
on October 31, 2009; and
WHEREAS, Tenant has exercised its option to
renew the Lease and parties desire to extend the Lease
accordingly;
NOW THEREFORE, in consideration of the mutual
promises and covenants herein exchanged, Landlord and Tenant hereby
agree to extend the Lease as follows:
1. The
Term of the Lease shall be renewed for a period of five (5) years
(the “Renewal Term”) commencing November 1, 2009 (the
Renewal Commencement Date) and expiring October 31, 2014 (the
“Expiration Date”) upon the same terms and conditions
as provided in the Lease except as the same are amended, modified
and changed in this Lease Extension Agreement.
2. During
the Renewal Term of the Lease, the term “Fixed Rent”
payable by Tenant under the Lease shall mean the
following:
|
Year(s)
|
|
Annually
|
|
Monthly
|
|
|
|
|
|
|
|
1-3
|
|
$385,000.00
|
|
$32,083.33
|
|
|
|
|
|
|
|
4-5
|
|
$423,500.00
|
|
$35,291.67
|
3. Section
19.02(c) and Section 19.02(d) of the Lease are deleted in their
entirety and the following provision is substituted:
For purposes of
the Renewal Term, commencing November 1, 2009 the
Tenant’s