SECURITIES
AND EXCHANGE COMMISSION
Washington,
D.C. 20549
FORM
8-K
CURRENT
REPORT
PURSUANT
TO SECTION 13 OR 15(d) OF THE
SECURITIES
EXCHANGE ACT OF 1934
Date of
Report (Date of earliest event reported):
October
28, 2009
HOME
PROPERTIES, INC.
(Exact
name of Registrant as specified in its Charter)
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MARYLAND
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1-13136
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16-1455126
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(State
or other jurisdiction
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(Commission
File Number)
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(IRS
Employer
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of
incorporation)
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Identification
Number)
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850
Clinton Square, Rochester, New York 14604
(Address
of principal executive offices)
(585)
546-4900
(Registrant's
telephone number, including area code)
Check the
appropriate box below if the Form 8-K filing is intended to simultaneously
satisfy the filing obligation of the registrant under any of the following
provisions:
|
[ ]
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Written
communications pursuant to Rule 425 under the Securities Act (17 CFR
230.425)
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[ ]
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Soliciting
material pursuant to Rule 14a-12 under the Exchange Act (17 CFR
240.14a-12)
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[ ]
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Pre-commencement
communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR
240.14d-2(b))
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[ ]
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Pre-commencement
communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR
240.13e-4(c))
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ITEM
5.02(e) COMPENSATORY
ARRANGMENTS OF CERTAIN OFFICERS.
Home Properties, L.P., Home Properties,
Inc. and Edward J. Pettinella have entered into Amendment Number Two to Mr.
Pettinella’s employment agreement, originally dated November 20,
2006. Amendment Number Two extends the term of the employment
agreement to December 31, 2010.
A copy of
Amendment Number Two to Employment Agreement is attached as an
exhibit.
ITEM
9.01. FINANCIAL
STATEMENTS AND EXHIBITS.
c. Exhibits
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Exhibit
10.1
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Amendment
Number Two to Employment Agreement, among Home Properties, L.P., Home
Properties, Inc. and Edward J.
Pettinella
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SIGNATURES
Pursuant to the requirements of the
Securities Exchange Act of 1934, the Registrant has duly caused this report to
be signed on its behalf by the undersigned thereunto duly
authorized.
Dated: November
2,
2009 HOME
PROPERTIES, INC.
(Registrant)
By /s/ David P.
Gardner
David P. Gardner, Executive Vice
President
and Chief Financial
Officer
EXHIBIT
10.1
HOME
PROPERTIES, INC.
HOME
PROPERTIES, L.P.
AMENDMENT
NUMBER TWO TO EMPLOYMENT AGREEMENT
WHEREAS,
Home Properties, L.P., a New York limited partnership (the "Company"), Home
Properties, Inc., a Maryland corporation ("HME") and Edward J. Pettinella (the
“Employee”) entered into that certain Amended and Restated Employment Agreement,
dated November 20, 2006, which was previously amended by Amendment Number One
dated October 29, 2008 (the “Agreement”); and
WHEREAS,
the Company, HME and the Employee want to further amend the Agreement to extend
the term until December 31, 2010.
NOW
THEREFORE, the Company, HME and Employee hereby agree to the following
amendment, which shall be effective as of October 28, 2009:
1. Section
1 (Term) is amended by deleting that Section in its entirety and replacing it
with the following:
1. Term. This
Amended and Restated Agreement will be effective on January 1, 2007 (the
“Commencement Date”) and shall terminate on December 31, 2010 (the “Expiration
Date”) unless terminated sooner in accordance with Section 4 of this
Agreement.
IN
WITNESS WHEREOF, the parties hereto have executed this Agreement on October 28,
2009.
HOME
PROPERTIES, L.P.
By: Home
Properties, Inc.
Its:
General Partner
By: /s/ David P.
Gardner
David P.
Gardner
Executive
Vice President and Chief Financial Officer
HOME
PROPERTIES, INC.
By: /s/ David P.
Gardner
David P.
Gardner
Executive
Vice President and Chief Financial Officer
By: /s/ Edward J.
Pettinella
Edward J.
Pettinella