L-7409 AMENDMENT 9 - IRON MOUNTAIN DATA CENTERS, LLC SCOTTSDALE DATA CENTER LEASE.PDF
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Amendment 9 C-41-09-002-1-11 L-7409 Customer: MARICOPA COUNTY Data Center: AZS-1 Change Order Number: Q-00002897 This Amendment (this “Amendment”) is effective as of the date of full execution of this Amendment between MARICOPA COUNTY (“Customer”) and IRON MOUNTAIN DATA CENTERS, LLC, the successor in interest to IO CAPITAL PRINCESS, LLC (“Lessor”). Customer and Lessor entered into that certain Lease and Master Services Agreement which was fully executed on 8/04/2008, as amended hereby and by any prior amendments (collectively, the “Agreement”). In consideration of the mutual promises and covenants herein contained, and for good and valid consideration, the receipt and sufficiency of which are hereby acknowledged, the Agreement is hereby amended as follows: 1. Add 74 months to the Initial Billing Term 2. Remove and add the services as set forth below Services Description: Quantity Base Amount Monthly Total The following services are to be removed from the Agreement: Conditioned Power Net Conditioned Power (kW) - Active/Active Effective Date: The later of 09/30/2018 or one (1) days following full 300 $215.64 $64,691.96 execution of this Amendment Net Conditioned Power (kW) - Active/Active Effective Date: The later of 09/30/2018 or one (1) days following full 100 $185.16 $18,516.17 execution of this Amendment Customer Equipment Area Custom Data Center Suite Effective Date: The later of 09/30/2018 or one (1) days following full 2,000 Included Included execution of this Amendment Custom Data Center Suite Effective Date: The later of 09/30/2018 or one (1) days following full 747 Included Included execution of this Amendment Related Data Center Services Biometric Enrollment Effective Date: The later of 09/30/2018 or one (1) days following full 25 Included Included execution of this Amendment Internet Bandwidth - 100 Mbps Effective Date: The later of 09/30/2018 or one (1) days following full 1 Included Included execution of this Amendment Internet Bandwidth - 100 Mbps Effective Date: The later of 09/30/2018 or one (1) days following full 1 $1,210.45 $1,210.45 execution of this Amendment Total Removed Monthly Lease Fees: ($84,418.58) The following services are to be added to the Agreement: Conditioned Power Net Conditioned Power (kW) - Active/Active 400 Included Included Availability Date: The later of 10/01/2018 or two (2) days following full execution of this Amendment Customer Equipment Area Custom Data Center Suite 2,747 Included Included Traditional raised floor space by the approximate square foot Availability Date: The later of 10/01/2018 or two (2) days following full execution of this Amendment Related Data Center Services Direct Internet Access - Committed Amount - 200 Mbps, Peak Amount - 200 Mbps, Port Speed - 1000 Mbps 1 Included Included Availability Date: The later of 10/01/2018 or two (2) days following full execution of this Amendment Direct Internet Access - Committed Amount - 100 Mbps, Peak Amount - 100 Mbps, Port Speed - 1000 Mbps 1 Included Included Availability Date: The later of 10/01/2018 or two (2) days following full execution of this Amendment Total Added Monthly Lease Fees: $56,000.00 Other Fees Description Rate Lease Fees shall be subject to 3% annual Escalation 3% compounded increases. Special Instructions: 1. All references to Internet Bandwidth or IP Bandwidth shall hereafter refer to Direct Internet Access or DIA. 2. Customer shall have the right, but not the obligation, during the first twelve (12) months following the Availability Date set forth in chart above, to terminate the Agreement, provided Customer provides Lessor with thirty (30) days’ prior written notice and enters into a Change Order. In the event Customer elects to exercise the foregoing right, Customer shall remit to Lessor a total amount equal to three (3) months of Lease Fees, payable in three (3) equal and consecutive monthly installments, due in advance on the first of each month, beginning the month immediately following the last month’s Lease Fee payment. 3. In the event Customer exercises the termination right set forth above, Customer acknowledges and agrees to reimburse Lessor for any unamortized brokerage fees attributable to Jones Lang LaSalle for this Amendment, payable in three (3) equal and consecutive monthly installments, due in advance on the first of each month, beginning the month immediately following the last month’s Lease Fee payment. All capitalized terms used in this Amendment and not otherwise expressly defined herein shall have the meanings ascribed to such terms in the Agreement. Except as expressly modified above, all terms and conditions of the Agreement remain in full force and effect and are hereby ratified and affirmed. IN WITNESS WHEREOF, the parties hereto have entered into this Amendment as of the date set forth below. IRON MOUNTAIN DATA CENTERS, LLC MARICOPA COUNTY By: Steve Chucri, Chairman of the Board Printed Name: ATTEST: Title: Clerk of the Board Date Date: APPROVED AS TO FORM: Approved Legal: Deputy County Attorney Date