Smith Brothers, Inc. Lease Extension Notice to JDS Properties, LLC (February 9, 2005)

Summary

Smith Brothers, Inc. notifies JDS Properties, LLC of its decision to exercise the first of two options to extend its lease for an additional five years, starting March 1, 2005. The letter requests JDS Properties to provide a calculation of the rent adjustment based on the Consumer Price Index, as specified in the lease agreement. The extension and rent adjustment are subject to review and approval by Smith Brothers, Inc.

EX-10.9 8 b56490a1exv10w9.txt EX-10.9 LETTER DATED FEBRUARY 9, 2005 Exhibit 10.9 [SMITH BROTHERS LOGO] February 9, 2005 Mr. Jim Smith JDS Properties, LLC 7833 I-35 Denton, Texas 76207 (via FedEx) Dear Jim: We are looking forward to another successful year, after the grand re-opening of the Smith Brothers flagship store in 2004, as well as the continued growth of the Smith Brothers catalog. As we continue our success together, please consider this official notice that we intend to exercise our first of two options to extend the term of our lease, for five additional years, effective March 1, 2005. Under the terms of the lease, we need to receive from you a calculation of the rent adjustment under Article 3, subparagraph B, which is based upon specific Consumer Price Index data. Please forward that calculation for our review and approval at your earliest opportunity. Sincerely, /s/ Stephen L. Day Stephen L. Day President Smith Brothers, Inc. Cc: Michael Bruns - Controller Cole Smith - General Manager Shipping: P.O. Box 1100 - 525 Great Road - Littleton, MA ###-###-#### I-35 - Denton, TX 76207