Exhibit 10.4
CERTIFICATE OF LEASE TERMINATION
This Certificate of Lease Termination is being executed by Pizzagalli Properties, LLC, as landlord (the
"Landlord"), and Cloverleaf Properties, Inc., as tenant (the "Tenant"), as of the 10th day of November, 2004.
Background
A.
The Landlord and the Tenant have previously entered into a certain Lease by and between
Pizzagalli Property Company (predecessor in interest to Landlord) and Cloverleaf Properties, Inc., dated
December 11, 1989, as amended by a First Amendment, also dated December 11, 1989, and by a Second
Amendment, dated April 16, 1993 (as amended, the “Lease”).
B.
The Lease is evidenced by a certain Short Form Lease With Option To Purchase, dated
December 11, 1989, and recorded in Volume 128, Page 273 of the Town of Shelburne land records.
C.
The Landlord and the Tenant have entered into that certain Lease Termination Agreement,
dated November 10, 2004 (the "Lease Termination Agreement").
D.
The Landlord and the Tenant desire to provide notice of the termination of the Lease by
executing this Certificate of Lease Termination for recording in the Town of Shelburne land records.
Notice of Termination
The Landlord and the Tenant hereby give notice of the termination of the Lease.
1.
Termination. The Landlord and the Tenant hereby confirm that the Lease has been
terminated in accordance with the terms and conditions of the Lease Termination Agreement. The effective date
of the termination is November 10th, 2004. The Tenant hereby acknowledges that the Option to Purchase set
forth in the Lease was not exercised within the time period provided in the Lease and has expired and is void and
of no further force and effect.
2.
Effect. This Certificate of Lease Termination is intended to confirm the effective date of
termination of the Lease and for purposes of giving notice of the termination of the Lease. It is not intended to
amend, modify, or otherwise