FIRST AMENDEMENT TO LEASE AGREEMENT
This First Amendment to Lease Agreement ("Lease Amendment"), is entered into between The Package Company, L.L.C., a Michigan limited liability company, as successor in interest to Taylor Land & Co.,
a Maryland general partnership (" Landlord"), and Accuride Corporation ("Tenant"). The following statements are a material part of this Lease Amendment:
Recitals of Facts Underlying the Lease Amendment
A. By Lease dated October 19, 1989, ( "Lease"), Landlord92s predecessors in interest leased to Tenant the demised premises described in the
Lease and attached as Exhibit A to this Lease Amendment (the "Leased Premises"), for an initial term of ten (10) years, one (1) month and twelve (12) days.
B. Thereafter, Tenant exercised its option to renew the Lease for an additional ten (10) year term.
C. Section 12 of the Lease states that the "Landlord shall maintain the roof, pavement, rail siding and exterior walls of the Leased Premises, including all pavement and rail siding servicing the warehouse
complex."
D. Attached and incorporated into this Lease Amended as Exhibit B is a drawing of the Leased Premises designed to show the paved areas and retaining walls of the Leased Premises ("Pavement"), together with photographs
of the Pavement taken in September, 2003. Exhibit B shows that the Pavement and retaining walls to the Leased Premises have been in a state of disrepair. Exhibit B also defines the locations where repair is necessary.
E. Landlord contends that it is not responsible under the Lease for maintaining the Pavement, or that Tenant must reimburse Landlord for the cost of Landlord92s maintenance of the Pavement. Tenant contends that
Landlord is responsible under the Lease for both the actual maintenance and the cost of maintenance of the Pavement ("Dispute").
F. In order to resolve the Dispute and complete the repairs prior to the onset of inclement weather in 2003, Landlord and Tenant have agreed to amend the Lease as set forth in this Lease Amendment.
THEREFORE, in consideration of the mutual promises and covenants contained in this Lease Amendment, and other good and valuable consideration, the parties intending to be legally bound, agree to amend the Lease as follows:
1. The Recitals of Facts Underlying the Lease Amendment are incorporated into this paragraph 1 by this reference.
2. Notwithstanding any contrary provisions contained in the Lease, and except as provided in this Lease Amendment, the Landlord is solely responsible for the maintenance, repair and
replacement of the roof, pavement, rail siding and exterior walls (including the retaining walls located in Area 1 depicted on Exhibit B) of the Leased Premises, including all pavement and rail siding servicing the warehouse
complex, and the Landlord is responsible for all costs, fees and expenses associated with such maintenance, repair and replacement.
3. Landlord shall, on or before October 22, 2003, commence repair and replacement of the Pavement in the areas depicted in Exhibit B, including but not limited to the retaining walls within the loading dock area
depicted on Exhibit B. With reference to Exhibit B, Landlord shall instruct its contractors that the Pavement in the area labeled Area 1 (shaded with blue rectangles) shall be excavated and replaced with an appropriate base and eight inches (8")
of industrial quality concrete (7 bag with wire mesh reinforcement). Area 1 is approximately 2,625 square feet and has concrete retaining walls at its eastern and western edges (the "Retaining Walls"). As part of the work in Area 1, Landlord
shall instruct its contractors to remove and replace the existing retaining walls with concrete retaining walls of industrial quality (7 bag with reinforcement rod). The work in Area 1 shall commence on October 22, 2003. The removal and replacement
of the concrete in Area 1 shall be completed within two (2) to ...
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