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HERITAGE PLAZA OFFICE LEASE OFFICE LEASE ARTICLE 1

Office Lease Agreement

HERITAGE PLAZA OFFICE LEASE OFFICE LEASE ARTICLE 1 | Document Parties: AGUA CALIENTE DEVELOPMENT AUTHORITY | CANYON NATIONAL BANK You are currently viewing:
This Office Lease Agreement involves

AGUA CALIENTE DEVELOPMENT AUTHORITY | CANYON NATIONAL BANK

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Title: HERITAGE PLAZA OFFICE LEASE OFFICE LEASE ARTICLE 1
Governing Law: California     Date: 3/28/2007

HERITAGE PLAZA OFFICE LEASE OFFICE LEASE ARTICLE 1, Parties: agua caliente development authority , canyon national bank
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EXHIBIT 10.8

HERITAGE PLAZA

OFFICE LEASE


OFFICE LEASE

ARTICLE 1

PARTIES

1.1 This Lease, made this 16 day of April, 2004 between, AGUA CALIENTE DEVELOPMENT AUTHORITY , Lessor, and CANYON NATIONAL BANK , Lessee.

ARTICLE 2

LEASED PREMISES

2.1 Lessor does hereby lease to Lessee, and Lessee does hereby lease from Lessor Unit B 101-4 , consisting of 3,840 rentable square feet and more particularly set out in EXHIBIT “2.1” attached hereto, in that certain project known as HERITAGE PLAZA and located at 901 East Tahquitz Canyon Way, Palm Springs, California, hereinafter called “Premises.”

ARTICLE 3

USE

3.1 The Premises are to be used for the operation of banking , and for no other purpose without the prior written consent of Lessor, which shall not be unreasonably withheld.

ARTICLE 4

COVENANTS

4.1 It is mutually agreed that the letting hereunder is upon and subject to the following terms, covenants and conditions, and Lessee covenants as a material part of the consideration for this Lease to keep and perform each and all of said terms, covenants and conditions by him to be kept or performed, and that this Lease is made upon the condition of such performance.

ARTICLE 5

TERM

5.1 Term of Lease . The term of this Lease shall be for five years , and shall commence on the 1st day of August 2004 , and shall terminate on the 31st day of July 2009. The delivery of possession is subject to and contingent upon the surrender of the Premises by the existing occupant, if any.

5.2 Option to Extend . Provided Lessee is not in default hereunder, Lessee shall have the option to extend the term of this Lease for 5 years commencing on the expiration of the full term specified herein. The rent shall be subject to a 3% yearly increase for each option period. Lessee shall exercise said option by giving Lessor written notice of Lessee’s desire to do so at least six (6) months prior to the expiration of the prime term specified herein.

 

 

 

 

 

 

 

 

 

 

 

  

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5.3 Additional Option to Extend. Lessee shall have the option to extend the lease for two additional 5 year terms.

ARTICLE 6

RENT, LATE CHARGE AND INTEREST

6.1 Rent . Rent shall be paid to Lessor in lawful money of the United States of America to Lessor at such place as Lessor may designate, free from all claims, demands or setoffs against Lessor of any kind or character whatsoever, as follows:

 

 

 

 

 

 

 

   

  

Period

  

Rent

Year 1

  

08-01-04 to 07-31-05

  

$

6,415.00 monthly

Year 2

  

08-01-05 to 07-31-06

  

 

6,607.0        “      

Year 3

  

08-01-06 to 07-31-07

  

 

6,806.00      “      

Year 4

  

08-01-07 to 07-31-08

  

 

7,010.00      “      

Year 5

  

08-01-08 to 07-31-09

  

 

7,220.00      “      

6.2 Late Charge . In the event that Lessor receives any rent installment later than the 15 th day of the month, Lessee shall be liable for an additional amount, assessed as a later charge, equal to five percent (5%) of such rent installment period.

6.2 Interest on Delinquent Amounts . In addition to the late charge described above, in the event any monthly rental installment is received by Lessor later than the 30th day of the month, Lessee shall be liable to Lessor for interest on such monthly rental installment at ten percent (10%) per annum.

ARTICLE 7

HOLDING OVER

7.1 If Lessee holds possession of the Premises after the term of this Lease with Lessor’s prior written consent (which may be unreasonably withheld), Lessee shall become a tenant from month to month upon the terms and conditions herein specified, so far as applicable, at a monthly rental equal to one hundred fifty percent (150%) of the current monthly rental, in lawful money, and shall continue on a month-to-month basis until sixty (60) days after Lessee shall have given to Lessor, or Lessor shall have given to Lessee, a written notice of intention to terminate such monthly tenancy.

ARTICLE 8

USES PROHIBITED

8.1 The premises shall not be used except for the purposes specified in Article 3 hereof. Lessee shall not do or permit anything to be done in or about the premises, nor bring nor keep anything therein which will in any way affect fire or other insurance upon the building, or any of its contents, or which shall in any way conflict with any law, ordinance, rule or regulation affecting the occupancy

 

 

 

 

 

 

 

 

 

 

 

  

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and use of the premises, which are or may hereafter be enacted or promulgated by any public authority, or in any way obstruct or interfere with the rights of other tenants of the building, or injure or annoy them, nor use, nor allow the premises to be used, for any improper, immoral, unlawful or objectionable purpose, or for any kind of eating house, or for sleeping purposes, or for washing clothes, or cooking therein.

ARTICLE 9

SECURITY DEPOSIT

9.1 Lessee currently has on deposit with Lessor the sum of Three Thousand Two Hundred Dollars and 00/100 ($ 3,200.00 ). Said sum shall be held by Lessor as security for the faithful performance by Lessee of all terms, covenants, and conditions of this Lease to be kept and performed by Lessee. Upon each notification of increase of Base Rent under this Lease or any renewals or extensions hereof, Lessee may be asked to increase its security deposit so that the dollar amount of said security deposit is equal to or more than Base Rent. If Lessee defaults in the payment, performance or observance of any of its obligations under this Lease (including, but not limited to rent payment obligations hereunder), Lessor may (but shall not be required to) use, apply or retain all or any portion of the security deposit for the payment of any rent or sum in default, or for the payment of any amount which Lessor may spend or become obligated to spend by reason of Lessees’ default. If any portion of the security deposit is so used or applied, Lessee shall, within five (5) days after written demand therefore, deposit cash with Lessee in an amount sufficient to restore the security deposit to its original amount, and Lessee’s failure to do so shall be a material breach of this Lease. Lessor shall not be required to keep the security deposit separate from its general funds and Lessee shall not be entitled to interest on said deposit. If Lessee shall fully and faithfully perform each of its obligations under this Lease, the security deposit or any balance thereof shall be returned to Lessee (or, at Lessor’s option, to the last assignee of Lessee’s interest hereunder) at the expiration of the Term of this Lease (or any renewal term which Lessor has agreed to in writing). In the event of the termination of Lessor’s interest in this Lease, Lessor shall transfer the security deposit to Lessor’s successor in interest, and Lessor shall thereafter have no further liability to Lessee with respect thereto.

ARTICLE 10

UTILITIES AND MAINTENANCE

10.1 Premises . Lessee shall pay any and all charges and costs for all gas, heat, light, power, telephone service, janitorial services and any and all other utilities serving the Premises.

10.2 Common Area . Utilities and other expenses necessary to maintain and service the common area, including but not limited to outside yard lighting, landscaping maintenance and water shall be paid by Lessor.

 

 

 

 

 

 

 

 

 

 

 

  

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ARTICLE 11

ASSIGNMENT AND SUBLETTING

11.1 Landlord’s Consent . Lessee will not assign, mortgage or hypothecate this Lease or any interest therein, or permit the use of the premises by any person or persons other than Lessee, or sublet the Premises, or any part thereof, without the written consent of Lessor. Consent to any such assignment or subletting shall not operate as a waiver of the necessity for consent to any subsequent mortgage, hypothecation, assignment or subletting, and the terms of such consent shall be binding upon any person holding by, under or through Lessee. The Lessor will not unreasonably withhold its consent to an assignment or subletting. Lessor shall be entitled to request and review financial information of the proposed assignee or sub lessee.

11.2 Condition to Consent . As a condition to its consent, Lessor may require Lessee to pay all expenses in connection with the assignment, including reasonable attorney’s fees, and Lessor may require Lessee’s assignee to assume in writing the obligations of Tenant under this Lease.

ARTICLE 12

MAINTENANCE, REPAIRS AND ALTERATIONS

12.1 Lessor Improvements . Prior to Lessee taking possession of the Premises, Lessor shall perform the following improvements: to be determined

12.2 Maintenance and Repairs by Lessee . Lessee agrees during the term hereof to keep and maintain the Premises and every part thereof in first class condition and repair, including, without limiting the foregoing, all fixtures, interior walls, telephone lines servicing Lessee’s premises, floors, ceilings, sides, all interior building appliances and similar equipment, windows, doors, plate glass, electrical, plumbing and air conditioning equipment. Lessor will pay any repairs to air conditioning equipment required prior to November 1, 2004. The provisions of Section 1932, Subsection 4 of Section 1933, and Sections 1941 and 1942 of the Civil Code of California shall not be applicable to this Lease and Lessee hereby waives the benefits of said provisions.

12.3 Consent of Lessor to Alterations . Lessee shall make no installations, additions, or improvements in or to the Premises, except as otherwise authorized in this Lease, or structural alterations or changes either to the interior or exterior of the building on the Premises, or in the bearing walls, supports, beams, or foundations, without the written consent of the Lessor, which shall not be unreasonably withheld.

12.4 Lessee to Pay Alteration Cost . All installations, additions, or improvements, and alterations and changes made with the consent of the Lessor after Lessee occupies the Premises shall be made at the sole cost and expense of Lessee.

12.5 Alterations Required by Law . If, during the term of this Lease, any additions, alterations, or improvements in or to the Premises, as distinguished from repairs, are required by governmental regulations because of the use to which the Premises are put by Lessee and not by reason of the character or structure of the building, they shall be made and paid for by Lessee.

 

 

 

 

 

 

 

 

 

 

 

  

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12.6 Surrender or Removal of Improvements . All alterations, additions, or improvements which are made in or to the Premises shall be delivered up and surrendered to Lessor upon the termination of this Lease, unless prior to such termination Lessor gives Lessee written notice to remove some or all thereof, in which case Lessee shall cause the items so designated to be removed and the Premises to be restored to their condition at the commencement of Lessee’s business, normal wear and tear excepted, all at the expense of Lessee.

12.7 Mechanic’s Liens . Lessee agrees to pay promptly for all labor done or materials furnished for any work of repair, maintenance, improvements, alterations, or additions done by Lessee in connection with the Premises, and to keep and to hold the Premises free, clear, and harmless of and from all liens that could arise by reason of any such work. If any such lien shall at any time be filed against the Premises, Lessee shall either cause the same to be discharged of record within twenty (20) days after the date of filing the same, or if Lessee in its discretion and in good faith, determines that such lien should be contested, Lessee shall furnish such security as may be necessary or required to prevent any foreclosure proceedings against the Premises during the pendency of such contest. If Lessee shall fail to discharge such lien within such period or fail to furnish such security, then, in addition to any other right or remedy, Lessor may, but shall not be obligated to, discharge the same, either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit in court or by giving security or in such other manner as is or may be prescribed by law. Lessee shall repay to Lessor on demand all sums disbursed or deposited by Lessor pursuant to the foregoing provisions hereof, including Lessor’s costs, expenses, and reasonable attorneys’ fees incurred by Lessor in connection therewith. Nothing contained herein shall imply any consent or agreement on the part of the Lessor to subject Lessor’s interest in the property, of which the Premises are a part of, to liability under any mechanic’s lien law.

12.8 Notice of Non-Responsibility . Lessor shall at all times have the right to post and to keep posted on the demised premises such notices provided for under the laws of the State of California for the protection of the Premises from Mechanic’s Liens or liens of a similar nature.

ARTICLE 13

DESTRUCTION OF PREMISES FROM FIRE OR ACT OF GOD

13.1 Hold Harmless . Lessee and Lessor shall hold each other harmless from all damages to the Premises arising from fire or other casualty occasioned by the act, negligence or fault of or omission of the other party, its agents, servants or employees or invitees.

13.2 Total Destruction . Without limiting the generality of the foregoing, if the premises or the building wherein the same are situated shall be destroyed by fire or other cause, or be so damaged thereby that they are untenantable and cannot be rendered tenantable within ninety (90) days from the date of such destruction or damage, this Lease may be terminated by Lessor or Lessee by written notice.

13.3 Partial Destruction . In case the damages or destruction be not such as to permit a termination of the Lease as above provided, then a proportionate reduction shall be made in the rent herein reserved corresponding to the time during which and to the portion of the Premises of which Lessee shall be deprived of possession.

 

 

 

 

 

 

 

 

 

 

 

  

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ARTICLE 14

ENTRY AND INSPECTION

14.1 Lessee will permit Lessor and Lessor’s agents to enter into and upon the Premises at all reasonable times for the purpose of inspecting the same, or for the purpose of protecting Lessor’s reversions, or to make alterations or additions to the Premises or to any other portion of the building in which the Premises are situated, or for maintaining any service provided by Lessor to Lessee hereunder, if any, without any rebate of rent to Lessee for any loss of occupancy or quiet enjoyment of the Premises, or damage, injury or inconvenience thereby occasioned, and will permit Lessor at any time within ninety (90) days prior to the expiration of this Lease to bring upon the Premises, for purposes of inspection or display, prospective tenants thereof.

ARTICLE 15

HOLD HARMLESS AND LIABILITY INSURANCE

15.1 Non-Liability of Lessor . Lessor shall not be liable to Lessee for any injury or damage that may result to any person or property by or from any cause whatsoever, and without limiting the generality of the foregoing, whether caused by water leakage of any character from the roof, walls, basement or other portion of the Premises, or caused by gas, fire, oil, electricity, or any cause whatsoever,


 
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