Lease Addendum Agreement between the Registrant and Ralco Nutrition, Inc., dated October 1, 2018

Contract Categories: Real Estate - Lease Agreements
EX-10.33 33 ex_331039.htm ex_331039.htm

Exhibit 10.33

 

LEASE ADDENDUM AGREEMENT

 

This Lease Addendum Agreement (“Lease Addendum”), dated effective as of October 1st, 2018 (the “Lease Addendum Date”), is an addendum to the Lease Agreement (“Lease Agreement”), dated July 1st, 2018, between The tru Shrimp Company, a Delaware corporation (“Landlord”), and Ralco Nutrition, Inc., a Minnesota corporation (“Tenant”).

 

BACKGROUND

 

A.         Landlord is the owner of the approximately 41,000 square foot building (the “Building”) and underlying parcel of real estate commonly described as 330 3rd Street, Balaton, MN 56115 (“Premises”).

 

B.         Landlord desired to lease to Tenant a 13,518 square foot portion of the Premises further described below, and Tenant desires to lease such portion of the Premises from Landlord, in accordance with the terms and conditions of the original Lease Agreement.

 

C.         Now Landlord and Tenant wish to amend certain terms of the original Lease Agreement effective July 1, 2018. Any terms that are not specially amended below shall remain in full effect from the original Lease Agreement.

 

NOW, THEREFORE, in consideration of the mutual covenants, terms, and conditions set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

 

ADDENDUM AGREEMENT

 

1.           Demise.

 

(a)    Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, the portion of the Premises consisting of approximately 6,725 square feet of rentable space comprised of: (i) the “Balaton Bay Golf Course Spaces” office space located in the Building, and (ii) the laboratory space located in the Building, (iii) the shop and headhouse space located in the Building. Included in the Subleased Premises is the Subtenant’s non-exclusive right to access the Subleased Premises from the common areas of the Premises and access ways in and around the Premises.

 

2.           Payment of Base Rent, Operating Costs and Real Estate Taxes.

 

(a)    Base Rent. Throughout the Lease Term, Tenant will pay to Landlord fixed base rent (“Base Rent”) at the rate of Three Thousand Six Hundred Forty-Three and No/I 00 Dollars ($3,643.00). Tenant will pay all installments of Base Rent on the first day of each calendar month.

 

(b)    Operating Costs. Tenant will pay Tenant’s Pro Rata Share of the Operating Costs (as that term is defined below) on a monthly basis during the Lease Term.

 

 

 

(i)“    Operating Costs” are defined with respect to any calendar year to include but not be limited to the following costs incurred by Landlord in such calendar year with respect to the Leased Premises: (a) the costs of heat, cooling and utilities for the Leased Premises; and (b) all costs of Landlord’s insurance relating to the Leased Premises (including any deductibles).

 

(ii)    Tenant’s pro rata share of the Operating Costs (the “Pro Rata Share of Operating Costs”) is a fraction, the numerator of which is the rentable square feet of the Leased Premises, and the denominator is the rentable square feet of the Premises. For purposes of this Lease, the term rentable square feet means the square footage of the footprint of a building located on the Premises. Landlord and Tenant agree that Tenant’s Pro Rata Share of Operating Costs shall be five and four tenth percent (5.40%).

 

(iii)    Tenant shall be responsible for its Pro Rata Share of Operating Costs annually regarding utilities in the amount Three Thousand Forty Dollars and No/100 ($3,240.00) and insurance in the amount of Four Hundred Eighty Six and No/100 Dollars ($486.00). This amount shall be increased annually each calendar year by three percent (3%).

 

(c)    Real Estate Taxes. Tenant will pay Tenant’s Pro Rata Share of the Real Estate Taxes (as that term is defined below) on a monthly basis during the Lease Term.

 

(i)“    Real Estate Taxes” are defined as Thirty-Two Thousand Nine Hundred and No/100 Dollars ($32,900.00), increased each calendar year by three percent (3%).

 

(ii)    Tenant’s pro rata share of the Real Estate Taxes (the “Pro Rata Share of Real Estate Taxes”) is five and four tenth percent (5.4%). Tenant’s Pro Rata Share of Real Estate Taxes shall be equal to Three Thousand Two Hundred Twenty-Four and No/100 Dollars ($1,777.00) annually during the first year of the Lease Term.

 

[Signature Page Follows]

 

2

 

IN WITNESS WHEREOF, the parties hereto have executed this Lease as of the date first above written.

 

 

LANDLORD:

 

The tru Shrimp Company

 

 

By: /s/ Michael B. Ziebell                          

 

Name: Michael B. Ziebell                          

 

Title: President & Chief Executive Officer 

 

 

TENANT:

 

Ralco Nutrition, Inc.

 

 

By: /s/ Brian Knochenmus                       

 

Name: Brian Knochenmus                       

 

Title: President / CEO                              

                         

 

 

tru Shrimp & Ralco Lease

Lease Support

Amendment : October 1, 2018

 

Updated Usages

 

Location/Item

Sq . footage

Rate

     Total

Monthly

 

RTC Lease

       

Ralco R&D Lab & Office

1,540

$6.50

10,010

834

           

Balaton Bay Golf Course Spaces

134

$6.50

878

73

 

Share of Costs

       

Jon Knochenmus Office

354

$6.50

2,301

193

           

Admin Storage

196

$6.50

1,274

106

 

Operating Costs

   

Yearly

Monthly

Headhouse and Shop Space

4,500

$6.50

29,250

2,438

           
           

Utilities

60,000

5.40%

3,240

270

Total

6,725

$6.50

43,713

3,643

 

Insurance

9,000

5.40%

486

41

           

Real Estate

32,900

5.40%

1,777

148

Utilities, Insurance, and Taxes true up

                   
           

Total

   

5,503

459

Total sq ft

41,000

5.43%

Allocation of Expenses