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HomeMy WebLinkAbout2023-092-E-AMS-1000 Corp Drive LLC West and Woodall Real Estate-Lease agreement for County Attorneys office at 1000 Corp DriveAMENDMENT OF LEASE THIS AMENDMENT OF LEASE ("Amendment") is made and entered into effective as of the Date of Amendment (as hereinafter defined) by and between and between 1000 CORPORATE DRIVE, LLC, a North Carolina limited liability company (“Landlord”); and ORANGE COUNTY, NORTH CAROLINA, a body politic and corporate and a political subdivision of the State of North Carolina (“Tenant”). Recitals Landlord and Tenant have made and entered into that certain Commercial Lease Agreement having an effective date of April 3, 2020 (the "Lease"), pursuant to which Landlord leased to Tenant, and Tenant leased from Landlord, certain premises located at 1000 Corporate Drive, Suites 401 and 402, Hillsborough, Orange County, North Carolina 27278. Landlord and Tenant now desire to amend and/or modify the Lease as provided below. NOW, THEREFORE, for and in consideration of the Lease, the terms, covenants and conditions set forth below and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto covenant and agree as follows: 1. Definitions. Unless otherwise expressly defined herein, all terms defined in the Lease shall have the same meanings in this Amendment as are ascribed to them in the Lease. 2. Extension of Term. The term of the Lease is hereby extended for a period of two (2) years commencing on March 1, 2023, and ending at midnight (local time) on April 31, 2025, unless sooner terminated as provided in the Lease. 3. Rent. Commencing on March 1, 2023, Tenant shall pay to Landlord or Landlord’s designated agent, without demand, deduction or set off, annual rent for the Premises in the amount of $49,828.32, payable in equal monthly installments in the amount of $4,152.36 each, in advance, on the first day of each month commencing on March 1, 2023. Commencing on March 1, 2024, Tenant shall pay to Landlord or Landlord’s designated agent, without demand, deduction or set off, annual rent for the Premises in the amount of $51,323.16, payable in equal monthly installments in the amount of $4,276.93 each, in advance, on the first day of each month commencing on March 1, 2024, and continuing thereafter for the remainder of the Term. Unless and until Landlord shall otherwise notify Tenant, in writing, all rent, additional rent and other charges, if any, due and owing pursuant to the terms of this Lease shall be (a) paid in cash or by personal or business check, official bank check, money order or other form of certified check made payable to Landlord, or order, and (b) delivered to the following address on or prior to the first day of each month during the Term (unless another due date is expressly specified in this Lease): West & Woodall Real Estate 1901 Hillandale Road, Suite 100 Durham, NC 27705 4. Notices to Landlord. All notices and statements required or permitted by the Lease to be given to Landlord shall be deemed sufficiently given and delivered when made in writing and (a) personally delivered to the parties or delivered by next day courier service (i.e. FedEx, UPS, etc.), or (b) delivered by the United States Postal Service via certified mail, return receipt requested, postage DocuSign Envelope ID: AD0F1107-C7C5-4A02-96B9-38AC396D2297 -2- prepaid and addressed to Landlord at the following address, or (c) delivered by electronic mail (email) to Landlord at the following email address: 1000 Corporate Drive, LLC c/o West & Woodall Real Estate 1901 Hillandale Road, Suite 100 Durham, NC 27705 Email: chris@westandwoodall.com 5. Date of Amendment. When and as used herein, “Date of Amendment” shall mean the date as of which both Landlord and Tenant shall have executed this Lease as indicated below. 6. Effect of Amendment. Except to the extent expressly amended and/or modified herein, all of the terms, covenants and conditions contained in the Lease shall remain in full force and effect. To the extent any term, covenant or condition contained in this Amendment conflicts or is inconsistent with any term, covenant or condition contained in the Lease, the term, covenant or condition contained in this Amendment shall be paramount and controlling and the Lease shall be construed consistent therewith. IN WITNESS WHEREOF, each of the parties has caused this Amendment to be duly executed effective as of the day and year indicated below. LANDLORD: 1000 CORPORATE DRIVE, LLC, a North Carolina limited liability company By: Hillsborough Holdings, LLC, a North Carolina limited liability company, its Manager By: ____________________________ (Seal) James W. Parker, Jr., Manager Date: __________________________ TENANT: ORANGE COUNTY, NORTH CAROLINA, a body politic and corporate and a political subdivision of the State of North Carolina By: ____________________________ (Seal) ____________________________, County Manager Date: __________________________ DocuSign Envelope ID: AD0F1107-C7C5-4A02-96B9-38AC396D2297 2/20/2023 2/22/2023 Revised 06/21 ORANGE COUNTY—DEPARTMENT USE ONLY ______________________________________________________________________________ Party/Vendor Name: 1000 Corp Drive, LLC c/o West & Woodall Real Estate Party/Vendor Contact Person: James Parker Contact Phone: 919-732-3883 Party/Vendor Address: 1901 Hillandale Rd Suite 100 City Durham State: NC Zip: 27705 Department: AMS Amount: $ 49828.32 ($4152.36 per month March 2023-March 2024) $51323.16 ($4276.93 per month March 2024-therafter) Purpose: Lease Agreement for County Attorneys Office at 1000 Corp Drive Budget Code(s): 10240320-580000 Vendor # 64633 (N/A if new vendor) Vendor is a BOCC consultant? Yes No Contract Type: (Check one) New Renewal Amendment Effective Date Approved by Board Yes No Agenda Date: --- For Section XIV. c. contracts only, Approved by Board in Current FY Budget Yes No This agreement is approved as to technical form and content and I as Department Director affirmatively state wo rk on this project has not been initiated prior to execution of the agreement: Department Director’s Signature ________________________________________ Date: ________ Agreements for emergency services or repair are not subject to the above affirmatio n. If services related to this agreement have already begun or been completed please briefly describe the nature of the emergency condition that was addressed: Information Technologies (Applicable only to hardware/software purchases or related services) This agreement has been reviewed and is approved as to information technology content and specifications: Office of the Chief Information Officer___________________________________ Date: ________ Risk Management This agreement is approved for sufficiency of insurance standards, specifications, and requirements: Office of the Risk Management Officer___________________________________ Date: _________ Financial Services This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act: Office of the Chief Financial Officer ____________________________________ Date: _________ Legal Services This agreement is approved as to legal form and sufficiency: Office of the County Attorney __________________________________________Date: ________ Clerk to the Board Received for record retention: All Docusign contracts must be copied to the Clerk upon completion: occlerkdocs@orangecountync.gov The following signature block is for hard copies only and is not required for Docusign contracts: Office of the Clerk to the Board __________________________________________Date:_________ DocuSign Envelope ID: AD0F1107-C7C5-4A02-96B9-38AC396D2297 2/20/2023 2/20/2023 2/22/2023