Exhibit 10.14(b)
FIRST LEASE AMENDMENT
This First Lease Amendment ("First AMENDMENT") is entered into as of April 19,
2000 between Semiconductor Components Industries, LLC with offices at 0000 X.
XxXxxxxx Xxxx, Xxxxxxx, Xxxxxxx 00000 ("SCI") and Motorola, Inc. with offices at
0000 X. 00xx Xxxxxx, Xxxxxxx, Xxxxxxx 00000 ("MOTOROLA").
WHEREAS, The parties entered into a lease agreement dated July 31, 1999
(hereinafter the "LEASE") under which SCI leased certain space contained in
multiple buildings located at 52nd Street, Phoenix, Arizona (hereinafter the
"PREMISES") to Motorola; and
WHEREAS, The parties now wish to amend the Lease and extend the Term
(hereinafter the "EXTENSION TERM") with regard to a portion of the space covered
by the Lease as listed and described on Exhibit A-l hereto (hereinafter the
"EXTENSION PREMISES").
NOW, THEREFORE, in consideration of the mutual covenants, terms and provisions
contained herein, the parties agree to amend the Lease as follows:
1. Exhibit A-l specifically describing the Extension Premises and the
Extension Term, is attached hereto and incorporated by reference
herein, into the Lease effective with this First Amendment as to the
Extension Premises. Exhibit A-l replaces Exhibit A to the Lease as to
the Extension Premises. Those portions of Exhibit A that do not refer
to the Extension Premises continue in full force and effect for the
remainder of the Premises. All references in the Lease to Exhibit A
shall now apply only to the Premises not part of the Extension Premises.
2. The reference to "Exhibit A" in Paragraph 1 entitled "Premises" of the
Lease shall be amended to read: "Exhibit A or Exhibit A-l".
3. The first sentence of Paragraph 2, entitled "Term" is replaced in its
entirety as follows:
The term of this Lease shall commence on 11:59 PM on July 31, 1999 and end
on 11:59 PM Arizona time on the relocation date specified on Exhibit A or
Exhibit A-l for the particular Premises or Extension Premises, unless
otherwise terminated early as provided for herein. Motorola may terminate
any or all of the Premises listed on Exhibit A at any time (including
during any renewal periods, if any) upon six (6) months written notice to
SCI. Motorola may terminate all of the Extension Premises listed on
Exhibit A-l at any time (including during any renewal periods, if any)
upon twenty-four (24) months written notice to SCI. If Motorola wishes to
terminate less than all of the Premises listed on Exhibit A, SCI's advance
agreement is required, such agreement not to be unreasonably withheld. Any
such agreement shall be memorialized via email between Xxxxxx Xxxxxxxxx of
SCI and Xxxxx Xxxxxx of Motorola, or their functional replacements.
The remainder of Paragraph 2, entitled "Term" shall remain the same.
4. A new Paragraph 3A entitled Extension Premises Rent, applicable to the
Extension Premises listed on Exhibit A-t, shall be added to the Lease as
follows:
3A. Extension Premises Rent.
A. During the Extension Term hereof, Motorola will pay to SCI rent in
the annual amount of Eight Million Dollars ($8,000,000) for the
Extension Premises. The Motorola Rent shall be paid to SCI at the
office of SCI in monthly installments in advance (or at such other
time as SCI from time to time may notify Motorola in writing) in the
amounts as indicated on Exhibit B entitled "RF-1 Lease Schedule
Years 2000 - 2004" attached to this Lease Amendment and incorporated
herein. If part of the Extension Premises is terminated as provided
for herein, the rental rates listed on Exhibit B shall be reduced
proportionately based on the square footage, as set forth on Exhibit
A-1, of the portion of Extension Premises terminated, as of the
agreed upon date of termination.
B. The Extension Premises rent does not cover specific charges incurred
by Motorola for materials or services from the SCI PDQ machine shop
or the SCI EMRI warehouse. The amount of any such charges and the
payment terms shall be separately negotiated between the service
provider and Motorola.
5. With regard to the Extension Premises only, Paragraphs 3B, 3C, 3D, 3F
and 30 are eliminated.
6. Except as modified by this First Amendment, all other terms and conditions
of the Lease shall remain the same and in full force and effect.
IN WITNESS WHEREOF, the parties hereby execute this First Lease Amendment.
SCI, LLC MOTOROLA, INC.
By: /s/ Xxxxxxx X. Xxxxxx By: /s/ Xxxx Xxxxxxxx
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Name: XXXXXXX X. XXXXXX Name: XXXX XXXXXXXX
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Title: Sr. V.P. & Chief Mfg. Title: Corp. V.P. & Dir. Die Mfg.
------------------------------- ----------------------------
& Tech. Officer
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Date: 4/11/00 Date: 4/11/00
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Exhibit A-l
Premises
Space Current Reloc
Site Dept Title Type SQ FT Date
---- ---- ----- ---- ----- ----
00xx Xx XX000 XX0 DFO SUPPLY Office 299 12/31/04
52nd St RH280 RF1 DFO CIM Xxxxxx 000 00/00/00
00xx Xx XX000 XX0 XXX XXXXXXX Office 299 12/31/04
52nd St RH282 RF1 DFO ADMIN Office 7,660 12/31/04
00xx Xx XX000 XX0 XX ENG PHOT Xxxxxx 000 00/00/00
00xx Xx XX000 XX0 XX ENG DIFFS Xxxxxx 000 00/00/00
00xx Xx XX000 XX0 XX ENG IMPLT Xxxxxx 000 00/00/00
00xx Xx XX000 XX0 XX ENG FRME Xxxxxx 000 00/00/00
00xx Xx XX000 XX0 XX XXX BKGR Xxxxxx 000 00/00/00
00xx Xx XX000 XX0 XX ENG PROB Xxxxxx 000 00/00/00
00xx Xx XX000 XX0 XX ENG ETCH Office 299 12/31/04
52nd St RH276 RF1 DFO PROBE Test/La 7,014 12/31/04
00xx Xx XX000 XX0 XXX XXXXX Office 14,931 12/31/04
52nd St RH270 RF1 DFO PHOTO Fab 2,417 12/31/04
52nd St RH271 RF1 DFO ETCH Fab 5,754 12/31/04
00xx Xx XX000 XX0 XXX XXXXXX Fab 6,690 12/31/04
00xx Xx XX000 XX0 XXX XXXXX Fab 2,511 12/31/04
00xx Xx XX000 XX0 XXX XXXXXX Fab 3,468 12/31/04
00xx Xx XX000 XX0 XXX XXXXXX Fab 2,189 12/31/04
52nd St RH579 CSDM ENG SUST Office 697 12/31/04
52nd St RH579 CSDM ENG R/E Office 100 12/31/04
RF-1 LEASE SCHEDULE YEARS 2000-2004
2000-2004
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JAN FEB MAR APR MAY JUNE JULY AUG SEP OCT NOV DEC
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$615,000 $615,000 $770,000 $615,000 $615,000 $770,000 $615,000 $615,000 $770,000 $615,000 $615,000 $770,000
2000-2004
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Q1 Q2 Q3 Q4 YEAR
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$2,000,000.00 $2,000,000.00 $2,000,000.00 $2,000,000.00 $8,000,000.00
