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Home My WebLink About2014-520-E AMS - Morinaga American Foods, Inc. for Lease Amendment dated 10-6-2014DocuSign Envelope ID: 3B2F6DD9-152F-419D-9A89-95AF3FCEEC72 THIS LEASE AMENDMENT is made and entered into this 6th day of October, 2014 by and between ORANGE COUNTY (hereinafter referred to as "County") and MORI[NAGA AMERICA FOODS, INC. (hereinafter referred to as "Tenant"). WITNESSETH: THAT WHEREAS, the County and Tenant entered into a Lease Agreement dated June 1st, 2014, for premises designated as Suite "Morinaga Phase V, (hereinafter the "Original Lease") attached to this Lease Amendment; and WHEREAS, the County and Tenant desire to amend the Original Lease according to paragraphs 3(a) and 3(c) of the Original Lease, while keeping in effect all terms and conditions of the Original Lease not inconsistent with the terms and conditions set forth below. NOW THEREFORE, for and in consideration for the mutual covenants and agreements made herein, the parties agree to amend the Original Agreement as follows: The Tenant will increase its premises to include 880 square feet entitled "Morinaga Future Phase" as depicted on Attachment A of this Lease Amendment beginning October 6, 2014 through the original Lease term ending on May 31, 2015. The pro-rated monthly rent for the Morinaga Future Phase additional premises from October 6, 2014 through October 31, 2014 is $860.00. The monthly rent for the Morinaga Future Phase additional premises from November 1, 2014 through May 31, 2015 is $1,026.00 ($1,026.00 equals 880 square feet Morinaga Future Phase multiplied by $14 per square foot divided by twelve months). The total monthly rent due on November I is $1,533.00 (this amount equals the original Lease rent of $673 plus the pro-rated October rent for the Morinaga Future Phase of $860.00). 4. The total monthly rent due on December 1, 2014 through May 31, 2015 is $1,699.00 (this amount equals the original Lease rent of $673 plus the additional Morinaga Future Phase rent of $1,026.00). There is no additional Deposit associated with this Lease Amendment. 6. The County will construct the hallway wall necessary to provide access and privacy for the Morinaga Future Phase. 7. Except for the changes made herein, the Original Agreement shall remain in full force and effect to the extent it is not inconsistent with this Amendment. In the event that there is a conflict between the Original Agreement and this Amendment, this Amendment shall control. [SIGNATURE PAGE FOLLOWS] Rev. 3/07 DocuSign Envelope ID: 3B2F6DD9-152F-419D-9A89-95AF3FCEEC72 IN TESTIMONY WHEREOF, this Contract Amendment has been executed by the parties hereto, as of the date first above written. D.-Sig-d by: Barry Jacobs, Chair Approved as to technical content: D.-Sig-d by: Y.# 7A—p"_ Jeffrey E. Thompson, Department Director Morinaga America Foods, Inc. ED ... S �i,l I y: t6SLA' r4m'A�x Toshiaki Fukunaga, President This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. � b I _'Uk�m Office of the Chief Financial Officer Approved as to forrn and legal sufficiency: L D S — by �z g r6k : Y� Office of the County Attorney Rev. 3/07 DocuSign Envelope ID: 3B2F6DD9- 152F- 419D- 9A89- 95AF3FCEEC72 E FI .UII U431 1" uA 000uoign Envelope ID: ao2F6oD9-1*2F-41eo-9Aoe-95AF3FoEEor2 THAT FOR and in consideration of the mutual covenants and conditions hereinafter set forth, the parties hereto do hereby agree as follows: 1 . Premises. County does hereby lease and let unto Tenant and Tenant does hereby accept as Tenant those certain premises designated as Suite "Morinaga Phase 1", of th�- John M. Link Jr. Government Services Building, 200 West Cameron Street, Hillsborough, Orange County, North Carolina, as more particularly shown on EXH I BIT A appended hereto. 3. Term and Rental. , This Lease shall commence on June 1. 2014, and shall continue for aterm of twelve � months, ending on May 31, 2015, both dates inclusive, unless sooner teml inated as herein provided. Upon mutual written agreement this Lease may be renewed for upto one twelve month tenme.Anyrenevva)maybafortheendnm|eomndpnsmiseoofthadesignated suites. Any such renewal shall be subject ioa mutually agreed upon increase in rent. The Tenant may choose to lease additional space identified as ''K8orinaga Futuna Phase(s)" shown on EXH|0T8 appended hereto during the Lease term. �� Tenant �haUde|kxartoCount adepoo�inthemmountof�xhundnedueven� � ' three dollars ($673.00), which is the equivalent to the re nt for on e(1) month. Deposit shall be held eoe security deposit against claims for damages. This money may be deposited for the exclusive use of Orange County and will be returned to Tenant at the end of the lease within 30 days provided there has been no damage to the leased premises. DocuSign Envelope ID: 3B2F6DD9- 152F- 419D- 9A89- 95AF3FCEEC72 DocuSign Envelope ID: 3B2F6DD9-152F-419D-9A89-95AF3FCEEC72 Tenant may desire. Upon the termination of this lease the Tenant shall remove all special signs and repair any damage to the leased property caused by the erection, maintenance or removal • such special signs. DocuSign Envelope ID: 3B2F6DD9- 152F- 419D- 9A89- 95AF3FCEEC72 DocuSign Envelope ID: 3B2F6DD9-152F-419D-9A89-95AF3FCEEC72 installation • such property, if so requested by the County. Any such property not removed shall become the property of the County. 'MIR 1. Delinquency in the punctual payment • any rent • additional rent payable under this lease when such rent shall become payable. Should such rent payment not be made when due then upon the expiration of five days after the due date, such rent payment shall be delinquent. 3. Filing by the Tenant in any court pursuant to any statute, either of the United States or any state, or a petition in bankruptcy or insolvency or for reorganization, or for the appointment of a receiver or trustee • all • a portion • the Tenant's property, or an assignment by the Tenant for the benefit • creditors. 4. Filing against the Tenant in any court pursuant to any statute, either of the United States or of any state, of a petition in bankruptcy or insolvency, or for reorganization, or for appointment • a receiver • trustee • all • a portion • the Tenant's property, if within 180 days after the commencement of any such proceeding against the Tenant such petition shall not have been dismissed. IWO111 1111110111100110 DocuSign Envelope ID: 3B2F6DD9-152F-419D-9A89-95AF3FCEEC72 Tenant and remove the Tenant and all other persons and property from the leased property and the right to receive all rental income therefrom. 1. The equivalent of the amount of the rent and additional rent which would be payable under this lease by the Tenant if this lease were still in effect, less (a) The fair rental value of the leased property for the remaining term of the lease, after deducting all the County's reasonable expenses in connection with such reletting, including, without limitation, all repossession costs, brokerage Commissions, legal expenses, reasonable attorney's fees, alteration costs, and expenses of preparation for such reletting. (b) The net proceeds of any reletting effected pursuant to the provisions of- paragraph d. of this article, after deducting the County's reasonable expenses in connection with such reletting, including, without limitation, all repossession costs, brokerage commissions, legalexpenses, reasonable attorney's fees, alteration costs, and expenses of preparation for such reletting. (f) The terms "enter', "reenter", "entry", or "reentry" as used in this lease are not restricted to their technical meaning. ��-i DocuSign Envelope ID: 3B2F6DD9- 152F- 419D- 9A89- 95AF3FCEEC72 DocuSign Envelope ID: 3B2F6DD9- 152F- 419D- 9A89- 95AF3FCEEC72 (b) All sums so paid by the County and all costs and expenses incurred by the County in connection with the performance • f any together with interest thereon at the rate of 6% per annum from the respective dates of each such payment and such costs and expenses, - additional r- payable •. the Tenant under - • shall be paid by the Tenant to the County on demand. DocuSign Envelope ID: 3B2F6DD9-152F-419D-9A89-95AF3FCEEC72 24. Destruction by Fire or Other Casualty. In the event the premises or any substantial portion thereof are destroyed by fire or other casualty during the term of this lease, it is understood and agreed that County shall have no obligation to rebuild, and, at the election • County or Tenant the lease may be terminated %.r- •M DocuSign Envelope ID: 3B2F6DD9-152F-419D-9A89-95AF3FCEEC72 28. Exoneration from Liability. The County shall not be liable for any personal injury to the Tenant or to its officers, agents and employees, or to any other occupant of any part of the leased property, irrespective of how such injury or damage may be caused, whether from action of the elements or acts of negligence of the occupants of adjacent propelties, or any other persons; provided that nothing contained herein shall relieve the County of the consequences of its own negligence. 30. Smoke Free Facility. Tenant acknowledges that County buildings are smoke- free. Tenant, shall, ensure that employees, customers • invitees • the Tenant abide by the County's ordinances and Board of Health Rules which prohibit smoking. 31. Weapons Prohibited. Tenant acknowledges that a County ordinance has been approved by the Board of Commissioners that prohibits weapons in County facilities. Tenam will ensure that employees, customers or invitees of the Tenant abide by the County's ordinance that prohibits weapons in the facility. 32 Rotice by Registered or Certified Mail. Any notice under this lease must be in writing and must be sent by registered • certified mail to the last address • the party to whom the notice is to be given, as designated by such party in writing. The County hereby designates its address as: Orange County 131 West Margaret Lane; Suite 301 PO Box- 8181 Hillsborough, NC 27278 DocuSign Envelope ID: 3B2F6DD9-152F-419D-9A89-95AF3FCEEC72 •r •. America Inc. Attn: Toshiaki Fukunaga WMrast&L-Twt Suite 360 Irvine, CA 92612-1211 919-732-1155 33, Grammatical Usage. In construing this lease, feminine or neuter pronouns shall be substituted for those masculine in form and vice versa, and plural terms shall be substituted for singular and singular for plural in any place in which the context so requires. 11�111pjjpjiigi • al R• C21 ,s ischarge it in whole • in part, unless such executory agreement is in writing and signed by ihe party against whom enforcement of the change, modification or discharge is sought. DocuSign Envelope ID: 3B2F6DD9-152F-419D-9A89-95AF3FCEEC72 IN TESTIMONY WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. K101 M TENANT: Toshiaki Fukunaga Morinaga America Foods, Inc. 52 0 fc-a V %�' I I/" ITN SS' 't/B L I C m•- r DocuSign Envelope ID: 3B2F6DD9-152F-419D-9A89-95AF3FCEEC72 INSURED 200 South Cameron Street Hillsborough, NC A:Tokio Marine America Insurance B C D E THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDLBRJ INSR M - POLICYNUMBER POLICY EFF (MMIDO/YYYYI POLICY —EXP (MM/DDIYYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY CLAIMS-MADE F---1 I A I OCCUR X CPP6407433 0512612014 0612612015 pR 3ET0-RERTEU-- EMISES (Ea occurrence) - $ 100,0 D( MED EXP (Any one persc n) $ 5,00( PERSONAL &ADVINJUIRY S 1,000,00C GENERAL AGGREGATE $ 2,000,0 OC GEN1- AGGREGATE LIMIT APPLIES PER: - 1 A - I POLICYF— I PI ACOT- F-] LOC PRODUCTS - COMP/OP AGG — $ $ AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ ALL OWNED AUTOS BODILY INJURY (Per accident) $ SCHEDU LED AUTOS PROPERTY DAMAGE (Per accident) $ HIRED AUTOS $ NON-0OMED AUTOS $ X UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 3,000,0 DO A EXCESS LIAB CLAIMS-MADE X CU6407430 06/26/2014 05126/2015 AGGREGATE 3,000,000 DEDUCTIBLE X RETENTION $ 10,000 $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE r— OFFICERIMEMBER OCCLUDED? NIA IWC STATU- 3TH- ITORY LIMITS E.L. EACH ACCIDENT $ DISEASE - EA EMPLOYEE $ (Mandatory In NH) IfrE.L. es, under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY OMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Addition.[ Remarks Schedule, if �s With respect to the insured's leased premises at 200 South SaMepr7o'n"Met Hillsborough NC, the certificate holder is included as Additional Insured subject to a wr3.tten contract or agreement executed prior to a loss. HR Manager Morinaga America Foods, Inc. P.O. Box 1359 Hillsborough, NC 27278-1369 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE (0 1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD