Minutes - 11-3-14 Reg. Meeting - Laserfiche WebLink

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BK:00027 PG - 0059 LEASE ADDENDUM THIS LEASE ADDENDUM amends, modifies and supplements that certain Office Building Lease Agreement (the "Lease ") dated November 3, 2014 between County of Lee, as Landlord (herein so called regardless of how designated in the Lease) and AMISUB of North Carolina d/b /a Central Carolina Hospital, as Tenant (herein so called regardless of how designated in the Lease). Defined Terms Capitalized terms used in this Addendum and not otherwise defined shall have the meaning given such terms in the Lease. 2. Use. Notwithstanding any provision of the Lease to the contrary, Tenant shall be permitted to use the Leased Premises for any lawful purpose, provided that Tenant continues to provide to Landlord EMS services pursuant to the EMS Services Agreement between the parties. 3. Operating Expenses In no event shall Tenant's share of operating expenses exceed Tenant's Proportionate Share of Landlord's actual operating expenses and there shall be no adjustment of operating expense for administrative fees, merchant's association assessments, marketing fund assessments or other charges of Landlord. In no event shall operating expenses include any of the items listed on Exhibit A -1 to this Addendum. Such payment is intended to reimburse Landlord only for actual costs and expenses incurred by Landlord. Tenant shall not be liable for any Common Area expenses resulting from an expansion of the Common Area. 4. Tenant Audit Rights Except in the case of fraud or willful misrepresentation, any objection by Tenant to a statement of operating costs provided by Landlord or to any information reported in it shall be deemed waived if not raised by notice to Landlord within 1 year after delivery of the statement. After giving such notice, Tenant shall have the right to audit Landlord's books and records with regard to Operating Costs for the calendar year to which the statement relates. Such audit shall occur at the location of Landlord's accounting records, during Landlord's regular business hours and on reasonable prior notice. The audit may be conducted by Tenant's employee or a reputable certified public accountant that has experience reviewing financial operating records of office building landlords, provided that neither shall be retained on a contingency or performance bonus basis. The audit must be completed not later than 90 business days after such books and records are made available for inspection. Any audit report prepared by Tenant's auditor shall be delivered concurrently to Landlord and Tenant within the 90 -day period. Either party may dispute the results of such audit by giving notice to the other within 30 days of receipt of the full complete audit report. Landlord and Tenant 1 of 8