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LEASE AGREEMENT

Lease Agreement

LEASE AGREEMENT | Document Parties: OAK RIDGE FINANCIAL SERVICES, INC. | SUMMERFIELD, LLC You are currently viewing:
This Lease Agreement involves

OAK RIDGE FINANCIAL SERVICES, INC. | SUMMERFIELD, LLC

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Title: LEASE AGREEMENT
Date: 3/28/2008
Industry: Regional Banks     Sector: Financial

LEASE AGREEMENT, Parties: oak ridge financial services  inc. , summerfield  llc
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EXHIBIT(10)(V)

NORTH CAROLINA

GUILFORD COUNTY

LEASE AGREEMENT

THIS LEASE AGREEMENT made and entered into this 25th day of September, 2002, by and between KRS OF SUMMERFIELD, LLC, a North Carolina Limited Liability Company, located in Greensboro, North Carolina (“Owner”) and BANK OF OAK RIDGE, a North Carolina banking corporation (“TENANT”).

WITNESSETH:

OWNER, for and in consideration of the rents, covenants and agreements hereinafter set forth which are to be paid, kept and performed does lease and rent to TENANT and TENANT hereby agrees to lease and take and does hereby lease and take upon the terms and conditions collectively hereinafter set forth the following described land, building and improvements to be located at 4423 Highway 220 N, Summerfield, North Carolina (hereinafter referred to as “Demised Premises”) to wit:

BEING that certain office building (the “Building”) containing approximately 3,300 sq. ft. all on the lot known and described as Lot 1, 1.321 Acres, of 4423 Highway 220 N.

THE TERMS and conditions of the Lease Agreement are as follows:

1. IMPROVEMENT

(a) OWNER shall at its sole cost and expense construct improvements on the Demised Premises in accordance with “Plans and Specifications” submitted by Samet Corporation for TENANT, a copy of which is attached herewith and becomes a part of this Lease. TENANT shall, at its sole cost and expense, pay for any modifications, as Exhibit “A”, or additions to those Plans and Specifications initiated or required by TENANT unless otherwise agreed to by OWNER.

(b) Such Plans and Specifications may be altered, amended or changed from time to time by mutual agreement by OWNER and TENANT. OWNER agrees to commence construction promptly upon execution of this Lease and for the Building and improvements thereon to proceed diligently with the construction of the Demised Premises. The projected completion date is February 1, 2003.

2. COMMENCEMENT OF TERM

a) The right to possession by TENANT and the obligation to pay rent under this Lease shall commence when the Building and other improvements which the OWNER has agreed to construct have been completed in accordance with the Plans and Specifications attached hereto as Exhibit “A” and by reference made a part hereof. In the event that the date of completion occurs other than on the last day of a calendar month, rental shall become immediately due and payable monthly by TENANT for the fractional portion of the month in which completion occurs at the rental rate specified for the first year of the Lease. Such rental for the fractional portion of a month shall be in addition to the rental term specified in ARTICLE 3.

 

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(b) The term of the Lease shall commence on the first day of the month next succeeding the month in which completion occurs and Tenant receives a Certificate of Occupancy for the Demised Premises (“Commencement Date”). The projected commencement date is August 1, 2002. The Commencement Date and the legal description of the property shall be incorporated into a Memorandum of Lease to be executed by the parties upon completion and recorded, at OWNER’S expense, in the Office of the Register of Deeds of Guilford County, North Carolina.

(c) OWNER shall deliver the Demised Premises to TENANT clean and free of debris on the Commencement Date, and warrants to TENANT that as of the Commencement Date the plumbing, electrical system, security system, fire sprinkler system, lighting, air conditioning, heating, loading doors, parking areas, roof and structural components of the Demised Premises shall be in good operating condition and repair, and shall be in full compliance with the Plans and Specifications as may have been mutually modified by the parties. If a non-compliance with such warranty exists as of the Commencement Date, OWNER shall promptly, after receipt of written notice from TENANT setting forth with specificity the nature and extent of such non-compliance, rectify same at OWNER’S expense.

3. TERM

(a.) The term of this Lease shall be twenty (20) years, commencing on the Commencement Date (“TERM”), in addition to any partial month of tenancy pursuant to the terms of Paragraph 2(a.)

4. RENTAL

(a) TENANT agrees to pay OWNER rental payments during the term of this Lease payable in advance on the first day of each calendar month in installments as follows:

 

  i. Simultaneously with the signing of this Lease Agreement, TENANT shall issue a check to OWNER in the amount of $21,650.00 to be applied as rental for the first and partial last months of the Lease term.

 

  ii. For the Forty Eight Month period beginning on the commencement date, the sum of $10,825.00 per month, plus any applicable sales tax; provided, however, the deposit paid pursuant to Paragraph 2(a) (i) shall be applied to the first month’s rent.

 

  iii. For the Forty Ninth through the Sixtieth Months the rental sum shall be $11,907.50 per month, plus any applicable sales tax; provided, however, the deposit paid pursuant to Paragraph 2(a) (i) shall be applied to the first month’s rent.

 

  iv. Thereafter, the rental shall increase annually on the anniversary of the Commencement Date by the greater of the percentage increase in the Consumer Price Index during the previous twelve-month period or 2.5% per year, but not to exceed 5% per year, plus applicable sales tax.

 

  (b)

If any installment of rental is not paid on or before the tenth day of the calendar month during which such

 

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payment becomes due, TENANT shall be obligated to pay to OWNER five percent (5%) of the amount of each late payment as a late payment charge which shall be due and payable upon receipt by TENANT of a statement setting forth the amount due.

 

  (c) All payments of rental shall be paid by TENANT to OWNER without any right of set-off and without notice or demand at the address set forth in the notice provisions of this Lease or at such other address as OWNER may from time to time designate in writing to TENANT. All rentals shall be paid by check payable to KRS Of Summerfield, LLC or to such person, firm or corporation as OWNER may designate in the future by notice given pursuant to the notice provisions of this Lease.

5. USE AND COMPLIANCE WITH LAWS

(a) TENANT shall not conduct on the Demised Premises nor permit to be conducted on the Demised Premises any business which is in violation of the laws of the State of North Carolina or any law or ordinance of any political subdivision having jurisdiction over the Premises.

(b) TENANT shall conduct all activities being used by it on the Demised Premises in such a manner as to be in full compliance with all state, federal, municipal or county laws, ordinances or regulations.

6. PAYMENT OF TAXES AND ASSESSMENTS

TENANT covenants and agrees to pay all ad valorem taxes on the Demised Premises over the term of this Lease and shall be obligated to reimburse OWNER for payment of such taxes with the payment of rental that becomes due in the calendar month next succeeding the month in which OWNER gives TENANT written notice of the amount of such taxes. TENANT shall pay directly all ad valorem taxes and assessments of any nature imposed or assessed upon or against fixtures, equipment, merchandise or other personal property installed or kept upon the Demised Premises. OWNER shall pay any and all assessments for local improvements, such as water and sewer facilities, street improvements and the like imposed or assessed against any portion of the land hereby leased to TENANT. Taxes for any partial year shall be prorated between the parties based on a calendar year.

7. UTILITIES

TENANT shall at its own expense obtain all fuel, water, sewer, electric power, telephone and other utilities which it shall consume in connection with its occupancy of the Demised Premises.

8. REPAIRS, INSURANCE AND DAMAGE OR DESTRUCTION

(a) TENANT shall, at its own expense, maintain the Building and grounds on the Demised Premises, including all windows and doors, in good condition, save and except ordinary wear and tear and damage from fire, windstorm or other casualty to the extent that such damage is covered by insurance carried by OWNER pursuant to the provisions of Paragraph 8(c). All damage to or destruction of glass in the Building shall be at the risk of TENANT.

 

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(b) After OWNER’S completion of the construction of the Building and improvements thereon in accordance with the Plans and Specifications and during the term of this Lease, TENANT shall, at its own expense, perform all routine maintenance (e.g. repair stopped toilet caused by misuse and replace burned out lights, etc.), maintain the landscaping, make all necessary repairs to the roof and structural portions of the building, heating system, electrical system, plumbing system, fire protection system (including annual inspection), air conditioning system (including any associated maintenance agreement) and all other equipment installed in the Building, and replace any and all such equipment as and when such replacement becomes necessary. TENANT shall maintain an active service agreement on HVAC systems during the term of the Lease and provide OWNER with evidence of same. OWNER shall nevertheless make available to TENANT the benefits of any and all warranties on any of such equipment originally installed in the Building. TENANT shall, at its expense, be responsible for the cost of repair or replacement of all paving, in TENANT’S sole discretion, including sidewalks and parking areas, during the term of this Lease and such obligation shall include any replacements if needed.

(c) OWNER shall at all times carry a standard coverage insurance policy covering the Demised Premises, including fixtures, in an amount not less than the replacement cost. The premiums for such insurance shall be reimbursed by TENANT and shall be due and payable with the next installment of rent which becomes due after the OWNER notifies TENANT of the amount of such insurance premium. TENANT shall carry such insurance covering its property located on the Demised Premises or shall as to such property be a self-insurer. TENANT shall obtain and keep in force during the term of this Lease a Commercial General Liability policy of insurance protecting TENANT and OWNER (as an additional insured) against claims for bodily injury, personal injury and property damage based upon, involving or arising out of the use, occupancy or maintenance of the Demised Premises. Such insurance shall be on an occurrence basis providing single limit coverage in an amount not less than $1,000,000 per occurrence. OWNER may also maintain liability insurance in addition to, and not in lieu of, the insurance required to be maintained by TENANT.

(d) In the event the Building is damaged by fire or other casualty, TENANT shall give immediate notice in writing to OWNER. If the Building is partially damaged, but not to such extent as to render the Demised Premises wholly untenantable for the purposes for which TENANT uses them under this Lease, the rental and all obligations of TENANT shall abate proportionately from the date of such notice based on the number of square feet which TENANT is unable to use for the purposes for which it was leased and OWNER shall be obligated to make and to complete with due and reasonable diligence such repairs as may be necessary to restore the building to its condition as before such damage occurred. If the damage to the Building is so extensive as to render the Demised Premises wholly untenantable for the purposes for which TENANT uses them under this Lease, the rent shall cease from the time OWNER is notified in writing by TENANT. If the Demised Premises are wholly untenantable, OWNER shall proceed, at his expense and as expeditiously as practicable to repair the damage, unless, because of the substantial extent of the damage or destruction he should decide not to repair or restore the Demised Premises, in which event and at OWNER’S sole option, OWNER may terminate this Lease forthwith by giving TENANT a written notice of his intention to terminate within sixty days after the date of the fire or other casualty. Furthermore, should such casualty occur within six months of the end of the then current term of the Lease or OWNER should be unable to repair or restore the Demised Premises within 180 days of the date of the

 

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occurrence of the damage to the Demised Premises, TENANT shall have the option to terminate this Lease forthwith by giving OWNER a written notice of its intention to terminate within 60 days after the date of the fire or other casualty.

(e) In the event of disagreement between the parties as to the extent of damage or amount of rental reduction, the differences shall be decided by arbitration, as outlined in ARTICLE 20 of this Agreement.

9. MUTUAL INDEMNIFICATION

(a) Except for OWNER’S willful actions or negligence and/or any failure by OWNER to fulfill its obligations hereunder, TENANT shall indemnify, protect, defend and hold harmless OWNER from and against any and all claims, damages, costs, liens, judgments, reasonable attorneys’ fees, expenses and liabilities arising out of, involving, or in dealing with, the occupancy of the Demised Premises by TENANT during the Term, any negligent act or omission of TENANT, its employees or invitees, and arising out of any breach by TENANT in the performance of any obligations on TENANT’S part to be performed under this Lease. The foregoing shall include, but not be limited to, the defense or pursuit of any claim or any action or proceeding involved therein. In case any action or proceeding is brought against OWNER by reason of any of the foregoing matters, TENANT upon notice from OWNER shall defend the same at TENANT’S expense by counsel reasonably satisfactory to OWNER and OWNER shall cooperate with TENANT in such defense. OWNER need not have first paid any such claim in order to be so indemnified.

(b) Except for TENANT’S willful actions or negligence and/or any failure by TENANT to fulfill its obligations hereunder, OWNER shall indemnify, protect, defend and hold harmless TENANT from and against any and all claims, damages, costs, liens, judgments, reasonable attorneys’ fees, expenses and liabilities arising out of, involving, or in dealing with, any acts or omissions of OWNER or any prior owner or tenant of the Demised Premises occurring prior to the Commencement Date, any act, omission or neglect of OWNER, his agents, employees or invitees, any breach of a representation and warranty of OWNER, or arising out of any breach by OWNER in the performance of any obligation of OWNER under this Lease. The foregoing shall include, but not be limited to, the defense or pursuit of any claim or any action or proceeding involved therein. In case any action or proceeding is brought against TENANT by reason of any of the foregoing matters, OWNER upon notice from TENANT shall defend the same at OWNER’S expense by counsel reasonably satisfactory to TENANT and TENANT shall cooperate with OWNER in such defense. TENANT need not have first paid any such claim in order to be so indemnified. The terms of this indemnity shall not terminate upon the termination of the Lease or the sale or transfer of the Demised Premises.

10. IMPROVEMENTS AND ALTERATIONS

TENANT shall make no alterations or additions to the building or Demised Premises without the written approval of OWNER, but such approval shall not be unreasonably withheld. TENANT shall submit plans in reasonable detail for any proposed alterations or additions. Such work shall be in compliance with all applicable codes and ordinances. Except for TENANT’S equipment and machinery, all improvements shall become the property of OWNER at the end of the term of this lease or, at OWNER’S option, removed by TENANT at TENANT’S expense.

 

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11. RIGHT TO SUBLET

TENANT shall not sublease or assign the Demised Premises without the written approval of OWNER, but such approval shall not be unreasonably withheld. No permitted subleasing or assignment shall relieve TENANT from any obligations on its part imposed by this Lease Agreement. TENANT agrees to reimburse OWNER for any costs and expenses (including reasonable attorney’s fees) incurred by OWNER in connection with TENANT’S assignment or subletting.

12. RIGHT TO REMOVE PERSONALTY

TENANT shall not remove from the Premises any parts or portions of the heating, electrical, air conditioning or plumbing systems, even though provided at its expense. Otherwise, TENANT shall have the right to remove and shall remove upon request of OWNER at termination of the Lease all equipment, fixtures, merchandise and other personal property installed or provided by TENANT. In the event such removal shall injure or damage the building or Demised Premises, TENANT shall promptly repair all such damage at its own expense or pay to OWNER the agreed, reasonable cost of such repairs. Upon termination of the Lease, TENANT shall remove all of its personal property and leave the premises “broom clean”.

13. RIGHT OF INSPECTION

OWNER or his delegees shall have the right to enter upon and inspect the Demised Premises at and upon reasonable times and occasions during the Lease term, however, except in case of emergency, OWNER shall only have the right to enter upon and inspect the Building upon reasonable notice to TENANT and during normal business hours.

14. TAKING BY EMINENT DOMAIN

(a) If the total Demised Premises or all of the Building is taken for any public purpose pursuant to the power of eminent domain (including purchase under threat of condemnation) this Lease shall terminate as of the date that the condemning authority takes title or possession, whichever occurs first.

(b) If the Demised Property is partially taken for public use pursuant


 
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