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Home My WebLink About2015-229-E AMS - Morinaga America Foods, Inc. for Lease Amendment 2 - Link GSC $3,066DocuSign Envelope ID: BB2863CC-7483-443D-9BD6-57ECFF18CA7A Attachnient 2 NORTH CAROLINA ORANGE COUNTY iB] LEASE AMENDMENT THIS LEASE AMENDMENT is made and entered into this 19"' day of May, 2015 by and between ORANGE COUNTY (hereinafter referred to as "County") and MORINAGA 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 I" , (hereinafter the "Original Lease") attached to this Lease Amendment; and WHEREAS, the County and Tenant entered into a Lease Amendment dated October 6"', 2014 for the expanded "M01-inaga Future Phase" space need, ('hereinafter the "First Amendment") attached to this Lease Amendment; and WHEREAS, the County and Tenant desire to amend the Original [.,ease according to paragraph 3(a) of the Original 1..ease, while keeping, in effect all terms and conditions of the Original [.,ease and First Amendment not inconsistent with the term and conditions set forth below. NOW THEREFORE, for and in consideration for the mutual COVenwits and agreements made herein, the parties agree to amend the Original Agreement as follows: The term of the Lease will expire oil July 31, 2015, 1 The total monthly rent due on June I is $1,533,00; the total monthly rent due on July I is $1,533,00 Tile Tenant has the right to terminate early and pay only the prorated amount of the monthly rent. 'file Tenant shall give the County written notice no later than one week in advance of the desired early termination date should the Tenant elect to terminate early. Except for the changes Made herein, the Original Lease and First Amendment 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. [SIGNATI.JR.E PAGE FOLLOWS] DocuSign Envelope ID: BB2863CC-7483-443D-9BD6-57ECFF18CA7A ig IN TESTIMONY WHEREOF, this Contract Amendment has been executed by the parties hereto, as of the date first above written. ORANGE COUNTY DocuSigned by: HCK", 1300,113 CA044 kExJ,MgXgf,,9bair Approved as to technical content: DocuSigned by: 1effffiF4 TFk*fpson, Department Director Morinaga America Foods, Inc. DocuSigned by: SL.LL- FVkWAA* T iak*P*wvp, President This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. rDocuSigned by: _PWA1 (�2Lbvu Offtev4f ltwChiaf Financial Officer Approved as to form and legal sufficiency: 36' DocuSigned 6' r6u� s 0ou Signed by: 6�AAflieCwutmty Attorney Rev. 3/07 DocuSign Envelope ID: BB2863CC-7483-443D-9BD6-57ECFF18CA7A DocuSign Envelope 0: 3B2F6DD9-152F-419D-9A89-95AF3FCEEC72 9 NORTH CAROLINA LEASE AMENDMENT' ORANGE COUNTY THIS LEASE AMFNDMENT is made and entered into this 6th day of October, 2014 by and between ORANGE COUNTY (hereinafter referred to as "County") and MO1UNA`A AMERICA FOODS, INC. (hereinafter referred to as "Tenant"). 01191[10"Vol THAT WHLREAS, the County and Tenant entered into a Lease Agreement dated June Ist, 2014, for premises designated as Suite "Morinaga Phase I", (hereinafter the "Original Lease") attached to this Lease Amendment; and WI-IEREAS, 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. 1 The pro-rated monthly rent for the Morinaga Future Phase additional premises from October 6, 20r 14 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 01,026.00 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` 5673 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). 5. 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. 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 Anne raiment, this Amendment shall control. [SIGNATURE PAGE FOLLOWS] Rev. 1/07 DocuSign Envelope ID: BB2863CC-7483-443D-9BD6-57ECFF18CA7A D,ocuSlgn Envelope ID: 3B2F6DD9-152F-419D-9AB9.95AF3FCEEC72 41 IN TESTIMONY WHEREOF, this Contract Amendment has been executed by the parties hereto, as of the date First above written. Barry Jaco_bs, Chair Approved as to technical content: � i-effir—eyE.'Thompson, Department Director Morinaga America Foods, Inc. e galas F4"'-)X Toshiaki Fukunaga, President This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. F Office of the Chief Financial Officer Approved as to form and legal sufficiency: dffice_7Fihe County Attorney Rev. 3/0 J DocuSign Envelope ID: BB2863CC-7483-443D-9BD6-57ECFF18CA7A I:I!MA IN111PIZ411001JAM am r Fj VAN 11k ffim 0 1 — "w" 1 4 11MR719 * q • SUBJECT: Morinaga America Foods Temporary Office Lease Extension — Link Government Services Center, Lower Level DEPARTMENT: Asset Management Services, PUBLIC HEARING: (Y/N) No Economic Development County Attorney ATTACHMENT(S): INFORMATION CONTACT: 1) Lease Amendment #1 with Original Jeff Thompson, 919-245-2658 Lease Steve Brantley, 919-2�45-2326 2) Lease Amendment #2 for Two John Roberts, 919-245-2318 Month Extension PURPOSE: To consider approving Lease Amendment #2 providing a two-month lease extension with Morinaga, America Foods for temporary office space in the Link Government Services Center at 200 West Cameron Street, Hillsborough, and authorize the Chair to sign all necessary documents upon final review of the County Attorney. BACKGROUND: Morinaga America Foods ("Morinaga") is aggressively developing its manufacturing and operations facility in Orange County and expects to be complete in the fall of 2015. Morinaga has leased temporary office space in the Link Government Services Center since Jiune of 2014. Morinaga is interested in amending its lease of temporary office space for a, period not to exceed two additional months, ending no later than July 31, 2015. The original Lease and its first amendment authorizing its lea,sedl space expansion in October 2014 are provided as Attachment 1. The proposed Lease Amendment #2 is provided as Attachment 2. All Lease terms remain in effect other that the maximum two month extension. I FINANCIAL IMPACT: Should Morinaga occupy the space through July 31, 2016„ the County would receive an additional $3,066. Should Morinaga vacate the space prior to July 31, the County would receive a prorated rent amount through the earlier termination date, Morinaga will provide at least one week's notice to the County prior to the desired termination date. RECOMMENDATION(S): The Manager recommends that the Board approve Lease Amendment #2 providing a two-month lease extension with Morinaga America Foods for temporary office space in the Link Government Services Center at 200 West Cameron Street, Hillsborough, and authorize the Chair to sign all necessary documents upon final review of the County Attorney. DocuSign Envelope ID: BB2863CC- 7483- 443D- 9BD6- 57ECFF18CA7A DocuSign Envelope tD; 3B2F6DD9 -152F- 419D- 9A89- 95AF3FCEEC72 DocuSign Envelope ID: BB2863CC- 7483- 443D- 9BD6- 57ECFF18CA7A MORIAME -02 MALIRA DATE (MMIDDIYYYYI CERTIFICATE OF LIABILITY INSURANCE 512112015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELO'w ' THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT. If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy„ certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu) of such endorsement(s). PRODUCER CONTACT Willis Certificate Center Willis of North: Carolina, Inc. PHONE 877 945 -7378 Fax c/o 25 Centu Blwdl (AIC, No, Extl. )_ IAIC, No): (888) 457 -2375 EMAIL P.O'. Box 305 91 ADDRESS." certificates@willis.com Nashville, TN 37230 -51'91 _ INSURER(S) AFFORDING COVERAGE NAIL # _ _... INSURER A.Tokio Maurine America Insurance Company 10945 . _... ._... .... .. ... INSURED INSURERS. Morinagla America Foods, Inc. INSURERC: PO Box 1359 200 S. Cameron St INSURER Hillsborough, NO 27278 INSURER Im '.. INSURER F' COVERAGES CERTIFICATE NUMBER: ... ......... ......... "".� "... ..__.....,.,.. .. ............................... _ ... ....... REVISION. NUMBER: 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 CONTRACTOR 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 .. ....... .... ........ ...FArh!bL.3l1N§R ......... ...... POLICY EFP (POLICY EXP .... ... .... ..... TYPE OF INSURANCE IpNS,D yurD POLICY NUMBER IMMPCDPY'Y`YY� IM MFi7DM1lY'WY,�. .., .., LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000 „000 caca;UR CPP54t17433 iIW (DAMAGE TO RENTED 0512612014 tI713112t115 1,000,000 CI.AUM.3 MADE PREMISES (Eaoccurreanre) $ ME,D EXP (Any ane person) $ 5,000 P'ER'SONAL, S ADV INJLIR'Y $ 1,000,000 GEN'L AGGPIEGAIE LIMIT APPLIES PER GENERAL AGGREGATE $ 2,000,000 ,..... POLICY PRO- ...� LOC. ', JECT PRODUCTS DUCTS - COMPiOP AGCY . S 1,000,000 ',. OTHFiR, S ,___- _..._ ........ AUTOMOBILE LIABILITY ...- .... _ CEa a Went) lNCsl E` I,IIa71T S ANYAUTO BODILY INJURY (Perperson) $ AL.L FNIVNED SCHEDULED BODIILY INJURY (Per arodenn"I $ ..._ AUTOS AUTOS NON -C'MED PROPERTY DAMAGE $ .... HIRE?AUTOS ..... AUTOS (Perac4ident) '.. i........ ....� .. ... .. .... .... ............_ .. ......... UMBRELLA LIAB OCCUR ......__......' .... ...... ...... .......... _ ... .w ..... ..... EACH 4Xr„ URRENCE .. _. EXCESS UAB CLAIMS-MADE AGGREGATE 5 DLr`M].... RL"6ETION1$ , .. , ....... --- .... - -_. _ ----------- - - - --_ ,'M""DRKERS' COMPENSATION .. ....�... ....... -._ AND EMPLOYERS *LIA.BILITY YIN .alAi`4! "T&",. ER.... ANY PROPRIETOR FPARTNERIEX:ECIIJ'TI4^I." ..� FL. EACH ACCIDENT .x C;NFFICEWME:MBER F.XC.D_h, DEDI? NIA ... ...... ......... ...... (Maedatory In NH) ..” E I.. DGSFAEE - FA EMPLOYtt Zr BC yyes describe under !. ' ._. _ .... I ......... ......... E.L.. DISEASE POLICY 5 DESCRIP71ON7OFOPE'RATI'ONSb'0ow - _.__ -_.. _.__.._ �_ ... ..... ... ... ..... ....... .. ...... ... .... ...... ................_,. ......._,....,. 3 - LIMIT ....... ._._.-._...... ,._.._.' _`__- . -.�._ I I _ .... _ .... _..,, ..-- -_ .._. __ _.,.._. ....... .. .... ..... - ..... _............ __.... __- ---- ------ DESCRIPTION OF OPERATIONS t LOCATIONS 1 VEHICLES (ACORD 101, Additional Remarks Schedule., may be aitached If more space is regWredl CERTIFICATE HOLDER CANCELLATION 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 To Whom) It MaV Concern _ x1988 -2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORID