Thirteenth Amendment to a Lease Agreement between Dominos Farms Office Park, L.L.C. and Dominos Pizza LLC, dated as of May 14, 2019
AMENDMENT #13 TO A LEASE AGREEMENT
BETWEEN DOMINOS FARMS OFFICE PARK LLC
(LANDLORD) AND DOMINOS PIZZA LLC (TENANT)
THIS AMENDMENT #13 TO A LEASE AGREEMENT is made as of May 14, 2019 by and between DOMINOS FARMS OFFICE PARK LLC, a Michigan Limited Liability Company, f/k/a Dominos Farms Office Park Limited Partnership (Landlord) and DOMINOS PIZZA LLC (Tenant).
WHEREAS, Landlord entered into a Lease Agreement (the Lease) for a portion of the office building known as Dominos Farms Prairie House located at 30 Frank Lloyd Wright Drive, Ann Arbor, Michigan 48106 with Dominos Pizza, Inc., whose successor in interest is Dominos Pizza LLC (Tenant), for a term of five (5) years commencing as of December 21, 1998; and
WHEREAS, via a First Amendment to Lease dated August 8, 2002, Landlord and Tenant extended the term of the Lease Agreement, included additional space as a part of the Premises, and incorporated additional provisions; and
WHEREAS, via a Second Amendment to Lease dated May 5, 2004, Landlord and Tenant amended the Lease by replacing Section B (Premises) of the First Amended Standard Lease Summary; and
WHEREAS, via a Third Amendment to Lease dated November 18, 2009, Landlord and Tenant amended the Lease to clarify actual size of the warehouse and to add an additional 4,790 usable square feet of space, and
WHEREAS, via a Fourth Amendment to Lease dated April, 2010, Landlord and Tenant amended the Lease for the temporary lease of additional space, and
WHEREAS, via a further amendment mistakenly captioned as the Fourth Amendment to Lease dated August 28, 2012, Landlord and Tenant amended the Lease to expand the primary Premises and extend the Term of the Lease, and
WHEREAS, via a Fifth Amendment to Lease dated February 2015, Landlord and Tenant amended the Lease for the temporary lease of additional space, and
WHEREAS, via a Sixth Amendment to Lease, Landlord and Tenant amended the Lease in February 2015 to expand the primary Premises, and
WHEREAS, via a Seventh Amendment to Lease dated April 2016, Tenant absorbed an additional 6,448 rentable square feet (5,607 usable square feet) located at Lobby H on Level 3, and
WHEREAS, via an Eighth Amendment to Lease dated November 4, 2016 Tenant absorbed an additional 15,700 rentable square feet (13,652 usable square feet) located at Lobby D on Level 3, and
WHEREAS, via a Ninth Amendment to Lease dated February 16, 2017, Tenant absorbed an additional 9,343 rentable square feet (8,124 usable square feet) located at Lobby K on Level 1, and
WHEREAS, via a Tenth Amendment to Lease dated October 2017, Tenant expanded to the south of Premises on the third level into the space formerly occupied by IBM equal to 8,188 rentable square feet (7,120 usable square feet), and
WHEREAS, via Amendment #11 to Lease dated July 17, 2018, Tenant extended the Term for the Lease to be concurrent with Amendment #12, and
WHEREAS, via Amendment #12 dated July 17, 2018, Tenant desired to lease additional space, and Landlord agreed to construct a building called the Innovation Garage and leased same to Tenant for a period of 10 years, and
WHEREAS, Tenant has agreed to lease additional space in the Prairie House on a temporary basis to be used for an IT workroom,
NOW, THEREFORE, Landlord and Tenant agree to the following:
1,577 rentable square feet, equal to 1,371 usable square feet plus a 15% common area factor, as shown on the attached exhibit. Said space is located in close proximity to the North Dock, on Level 1 at Lobby L.
The term of the lease for this additional space shall begin on May 13, 2019 and expire on May 12, 2020.
CONDITION OF SPACE
Tenant shall accept space in current configuration and condition, broom clean expected. Tenant shall be responsible any necessary improvements to customize the space for its intended use.
The rent for the additional space shall be paid in a lump sum payment of $31,540, and shall be due at commencement of lease term.
OPTION TO RENEW
Upon expiration of the initial term as stated in this Amendment #13 to Lease, Tenant may extend the term of this Lease on a month-to-month basis. The Tenant shall exercise said option by notifying the Landlord at least thirty days before the existing Term expires. The base annual rent for each month during a potential second year shall increase to reflect the cost of living increase in accordance with any increase in the Consumers Price Index of the Bureau of Labor Statistics all items indexed for Detroit, Michigan or by three percent (3%), whichever is less, provided however, in no event shall the annual rent as adjusted be reduced from the previous year.
SURVIVAL OF LEASE
Except as set forth in this Amendment, all other terms and conditions of the Lease shall remain the same and unchanged in full force and effect.
IN WITNESS WHEREOF, the parties have hereunto executed this AMENDMENT #13 TO LEASE AGREEMENT as of the day and year first above written.
|DOMINOS PIZZA LLC||DOMINOS FARMS OFFICE PARK LLC|
|(a Michigan limited liability company)||(a Michigan limited liability company)|
|Jeffrey D. Lawrence||Paul R. Roney|
|Its:||Chief Financial Officer||Its:||Manager|