Exhibit 10.1
SECOND AMENDMENT TO
LEASE
THIS SECOND AMENDMENT TO LEASE is made and
entered into this 12th day of February, 2008, by and between
Kesef, LLC (the “Landlord”) and CoBiz Financial Inc.,
f/k/a Colorado Business Bankshares, Inc. (the
“Tenant”).
Recitals
A.
The parties entered into an Office Lease dated September 1,
2001, as amended by the First Amendment to Lease dated
October 19, 2001 (collectively, the “Lease”)
wherein the Tenant leases 56,671 rentable square feet of office
space, as more particularly defined in the Lease, at the real
property commonly known and numbered as 821 17 th
Street, Denver, Colorado (hereinafter referred to as the
“Original Premises”).
B.
The expiration date of the Lease is May 31, 2011.
C.
Pursuant to Article 34 of the Lease, the Tenant has the option
to lease additional space in the building that becomes
available. By execution of this Agreement, the Tenant hereby
exercises its option to lease the 6 th floor of the
building.
D.
The Landlord and the Tenant are desirous of amending the Lease to
provide for an extension of the lease term, an expansion of the
Original Premises, and other changes described herein on the
following terms and conditions.
NOW, THEREFORE, for valuable consideration, the
receipt and sufficiency of which are mutually acknowledged,
the parties agree as follows:
1.
Lease of Additional Space . In consideration of the
payment of the rent hereinafter provided, and the keeping and
performance of each of the covenants and agreements of the Tenant,
hereinafter set forth, Landlord has and does hereby lease unto the
Tenant the additional space located on the 6 th floor of
the building consisting of 10,608 rentable square feet (the
“Expanded Premises”) for a total of 67,279 rentable
square feet. The lease of the Expanded Premises shall
commence upon the vacation of the current tenant (Icenogle, Norton,
Smith, Blieszner & Gilida, PC) which shall be no later
than June 1, 2008. The Landlord shall deliver thirty
(30) days prior written notice to the Tenant of the vacation of the
current tenant. In this Agreement, the term
“Premises” shall mean the Original Premises and the
Expanded Premises.
2.
Delivery of the Expanded Premises . The Landlord shall
deliver and the Tenant shall accept the Expanded Premises in its
“AS IS WHERE IS” condition and without any express or
implied warranty and without any representation as to physical
condition or suitability of the Tenant’s intended
use.
3.
Extended Term . The Lease shall be extended for an
additional term of five (5) years (the “Extended Term)
expiring on Ma
