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COMMERCIAL SPACE LEASE

Lease Agreement

COMMERCIAL SPACE LEASE
 | Document Parties: ATLANTIC BANCSHARES, INC. You are currently viewing:
This Lease Agreement involves

ATLANTIC BANCSHARES, INC.

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Title: COMMERCIAL SPACE LEASE
Governing Law: South Carolina     Date: 3/31/2006

COMMERCIAL SPACE LEASE
, Parties: atlantic bancshares  inc.
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Exhibit 10.11

Lease Agreement between Anthony G. Schob and Atlantic Bancshares, Inc. dated January 1, 2006.


Exhibit 10.11

 

 

 

STATE OF SOUTH CAROLINA

 

 

)

 

 

COMMERCIAL SPACE LEASE

 

 

 

 

 

)

 

 

 

 

 

COUNTY OF BEAUFORT

 

 

)

 

 

             UNIT #108

 

 

         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:

 

a.

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.



 

b.

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.



        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


 
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