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HomeMy WebLinkAbout2017-621 AMS - 401 Valley Forge Road Lease Modification®/ Return after recording to: Orange County Asset Management Services, 131 West Margaret Lane, Hillsborough, NC 27278 LEASE MODIFICATION THIS MODIFICATION OF LEASE , and entered into this 19th day of September, 2017 by and between ORANGE COUNTY, NORTH CAROLINA (hereinafter "Lessor" and /or "Landlord" and /or "County "), and BUILDERS FIRSTSOURCE — ATLANTIC GROUP, LLC, as successor by conversion to Builders FirstSource — Atlantic Group, Inc. (hereinafter "Lessee" and /or "Tenant "); WITNESSETH Recitals: Whereas County and Tenant entered into that certain Lease Agreement dated June 3, 1997, in connection with certain premises situated and being in Orange County and the State, of North Carolina being more particularly described in said Lease Agreement; and Whereas Tenant has leased the Property known as 401 Valley Forge Road, Hillsborough containing 105,000 square feet and the associated site area which Lease Agreement has an expiration date of September 30, 2017; and Whereas, County and Tenant desire to extend the Lease Agreement by amending its Terms; Now, therefore, the County and Tenant hereto hereby agree as follows: Terms: 1. The recitals to this Modification are hereby incorporated into and made a part of this Agreement. 2. The expiration date of the Lease shall be September 30, 2027. 3. The Rent for the premises for the Lease period shall be as follows: Monthly: $24,500 Annually: $294,000 Full Term:$2,940,000 4. Subject to County approval the Tenant will have the right to execute two (2) consecutive renewal options for a Term of five (5) years each for consideration to be mutually agreed upon by the County and the Tenant at a time preceding the contemplated renewal period: Renewal option one (1): October 1, 2027 — September 30, 2032 Renewal option two (2): October 1, 2032 — September 30, 2037 5. The Tenant will ensure a facility roof replacement is completed no later than September 30, 2020 in accordance with the Lease. Specifications for the roof replacement will be reviewed and approved by the County prior to replacement; approval will not be unreasonably withheld. 6. In all other respects said Lease Agreement shall remain in full force and effect unchanged and shall not be altered in any way by this modification. [SIGNATURE PAGE TO FOLLOW] IN WITNESS WHEREOF, the County and Tenant hereto have executed this Modification of Lease the day and year first above written. LESSOR ORANGE C, UNTY By: r Chair, Board of Commissioners NORTH CAROLINA ORANGE COUNTY TENANT BUILDERS FIRSTSOURCE — ATLANTIC GROUP, LLC By: (- rlte-yhu-ol Title L� I, { OMelli -15 Notary Public of Orange County, North Carolina certify that Mark Dorosin, Chair of the Board of Commissioners of Orange County, North Carolina personally appeared before me this day and acknowledged the due execution of the foregoing instrument. Witness my hand and official stamp or seal this �,� �' ay of J Y , 2017. i lyotary Public My Commission expires: NOTARY LIC STATE OF l — = `�S �DGL C� S COUNTY %�y�� '•••...,�``,`����• 1-` nS C-%--• , a Notary Public ofTG rr�+ County, certify that -!:) tr� Y-Y\ CA H-eetyc,. -y--, personally appeared before me this day and acknowledged the due execution of the foregoing instrument. Witness my hand and official stamp or seal this day of Sa%111�- n1�.� -e-tr' , 2017. i 01� Notary Public My Commission expires: $ I '-�- 010( Trade Johnson ft Notary Public, Slate of Teus commission 0 +30415268 '� , E*pires: 11118/2019