Exhibit 10.11
Lease Agreement between Anthony
G. Schob and Atlantic Bancshares, Inc. dated January 1,
2006.
Exhibit 10.11
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STATE OF
SOUTH CAROLINA
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COMMERCIAL
SPACE LEASE
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COUNTY OF
BEAUFORT
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UNIT #108
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THIS COMMERCIAL SPACE LEASE made as of this 1 st
day of January, 2006, by and between ANTHONY G. SCHOB
(“Landlord”) and ATLANTIC BANCSHARES
(“Tenant”).
W I T N E S S E T H:
WHEREAS , Landlord is the owner of certain space located in
1 Corpus Christie Place, Suite 108, Hilton Head Island, South
Carolina 29928 and Atlantic Bancshares Inc./Atlantic Community Bank
in Organization; and
WHEREAS , Landlord desires to lease to Tenant and Tenant
desires to lease from Landlord said space.
NOW, THEREFORE, in consideration of the mutual covenants and
conditions hereinafter specified, the parties agree as
follows:
ARTICLE I
GRANT AND TERM
1.01
Landlord hereby leases to Tenant and Tenant hereby takes and rents
from Landlord Unit #108 consisting of 1837 square feet, a portion
of entire unit (“Leased Premises”).
1.02 The
commencement date of this Lease is January 1, 2006.
1.03 The
termination date of this Lease is January 1, 2007.
1.04
Prior to the commencement date, Tenant shall be permitted to
perform previously approved Tenant improvements to the property,
such as the installation of fixtures, etc. No rent, common
maintenance, regime fees nor taxes shall become due or payable
prior to the commencement date.
1.05
Tenant has the option to renew this Lease for a further term of one
year, upon all the same terms and conditions hereof, at a minimum
rental to be negotiated and agreed to between the parties hereto.
Tenant shall deliver in writing to Landlord at the above address a
notice to renew no later than ninety (90) days prior to the
termination of the initial lease term and failure to so exercise
said option shall result in the expiration thereof. Provided,
however,
that Tenant shall, after the
expiration of said option to renew, have a right of first refusal
to renew the lease for a rental and term equal to that offered by
Landlord to potential tenants prior to the expiration of the
initial lease term. Landlord shall provide Tenant with written
notice of the rental rate and lease terms of any offer extended
during the last ninety (90) days of the Tenant’s initial
lease term, which notice shall be delivered to Tenant at the Leased
Premises within two (2) days of Landlord’s extending such
offer to any potential tenant. Tenant shall have these three (3)
days upon receipt of Landlord’s written notices to exercise,
in writing, Tenant’s right of first refusal.
ARTICLE II
RENT
2.01
Tenant shall pay Landlord rent for the term of the Lease. The rent
is Three Thousand One Hundred and no/100 Dollars ($3,100.00) Gross
Lease, payable as follows:
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a.
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Tenant agrees
to pay Landlord a minimum rental of $37,200.00 per year, payable in
monthly installments of $3,100.00 commencing the first day of
January, 2006.
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b.
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The minimum
rental rates referred to above shall be increased on a yearly basis
by the amount equal to the Consumer Price Index (CPI) increase for
the previous full calendar year of the Lease term; provided,
however, that in no event shall the annual rental payable hereunder
be increased to a total amount in excess of $3,410.00. For the
purposes of this Lease, the CPI shall be the most current Index for
Atlanta, Georgia, prepared by the Bureau of Labor Statistics for
the United States Department of Labor.
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2.02
It is the intention of Landlord and Tenant that the rent herein
specified shall be net to Landlord in each year during the term of
this Lease and Tenant shall be responsible, during the lease term
and any renewals thereof, for the payment of the following charges
attributable to the Leased Premises: monthly regime fees, real
estate taxes and assessments, annual insurance, interior
housekeeping and maintenance, electric water/sewer utilities and
personal property insurance and Landlord shall be indemnified by
Tenant against such costs, expenses and obligations.
2.03
The said rent shall be paid to Landlord at the address indicated
hereinabove, without notice or demand, without abatement,
deduction, counterclaim or setoff. The net rent shall be paid in
equal monthly installments in advance on the first day of each
calendar month during the term of this Lease.
2.04
In the event of default by Tenant under this Lease, Landlord shall
have the right, in its sole discretion, to pay or perform any of
the requirements and duties of Tenant hereunder, in which event
Tenant shall immediately reimburse Landlord for any such sums
actually expended by Landlord.
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2.05
Tenant, concurrently with the execution of this Lease, had
deposited with Landlord the sum of $____________, Dollars
(“Security Deposit”) as security for the full and
faithful performance of every provision of this Lease to be
performed by Tenant. If Tenant defaults with respect to any
provision of the Lease, including, but not limited to, the
provisions relating to the payment of rent, Landlord may, at its
sole discretion, use, apply or retain the Security Deposit against
all or any other sum in default or for the payment of any other
amount which Landlord may spend or become obligated to spend by
reason of Tenant’s default or to compensate Landlord for any
other loss or damage which Landlord may suffer by reason of
Tenant’s default. If any portion of the Security Deposit is
so used or applied, Tenant shall, within five (5) days after
written demand therefore, deposit cash with Landlord in an amount
sufficient to restore the Security Deposit to its original amount.
Landlord shall not be required to keep the Security Deposit
separate from its general funds and Tenant shall not be entitled to
interest on such deposit. If Tenant shall fully and faithfully
perform each provision of this Lease to be performed by it, the
Security Deposit or any balance thereof shall be returned to Tenant
(or at Landlord’s option, to the last assignee of
Tenant’s interest hereunder) at the expiration of the lease
term and upon Tenant’s vacation of the Premises.
ARTICLE III
USE AND OCCUPATION
3.01
During the term of this Lease, or any renewal thereof, the Leased
Premises shall be used and occupied for Mortgage Loan Production
Office/Private Banking Center. Tenant shall not use the Leased
Premises for any other purpose of in violation of any law,
municipal ordinance or regulation of the Master Deed of the
Executive Center Horizontal Property Regime and applicable Bylaws
and rules and regulations for Executive Center’s
Owner’s Association (“Association”).
3.02
Landlord has not conveyed to the Tenant any right in or to the
outer side of the outside walls of the building of which the leased
property forms a part or to any windows, doors or interior walls.
Tenant shall not display or erect any lettering, sign,
advertisement, awning or other projection in or on the Leased
Premises or in or on the building of which it forms a part without
the prior written consent of Landlord and only as set forth and
allowed under the applicable requirements of the
Association.
3.03
Tenant agrees to use the name of Executive Center to refer to the
Leased Premises in all advertising or business relating to
Tenant’s operations in the Leased Premises.
ARTICLE IV
MAINTENANCE
4.01
It is mutually agreed between the parties that Tenant is to keep
the interior of the Leased Premises in good repair including, but
not limited to, such items as housekeeping, window cleaning,
necessary repainting; provided, however, that other than for
repairs necessitated and attributable to the negligence of Tenant,
Landlord shall be responsible for all
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repairs of a structural nature to
the building, including the Leased Premises, its walls, floors and
roof and all repairs of a major nature to the plumbing, electrical,
heating and cooling systems. Tenant hereby agrees to maintain the
interior of the Leased Premises in a reasonable manner and return
the same to Landlord at the expiration of this Lease in a like
condition, normal wear and tear excepted.
ARTICLE V
ALTERATIONS
5.01
Except as provided for in Section 1.04 of this Lease, Tenant shall
not have the right to make alterations or improvements to the
Leased Premises, including the remodeling of the building, without
obtaining prior written approval of Landlord.
5.02
All alterations, decorations, additions and improvements made by
Tenant shall be deemed Tenant’s property and Tenant shall be
entitled to remove such items upon the expiration of this Lease or
any renewal thereof, provided such removal does not materially
damage the building.
5.03
All alterations, decoration, a