UNDERWRITING AGREEMENT between PRESIDIO PROPERTY TRUST, INC. and THE BENCHMARK COMPANY, LLC as Representative of the Several UnderwritersUnderwriting Agreement • June 15th, 2021 • Presidio Property Trust, Inc. • Real estate investment trusts • New York
The undersigned, Presidio Property Trust, Inc., a corporation formed under the laws of the State of Maryland (the “Company”), hereby confirms its agreement (this “Agreement”) with The Benchmark Company, LLC (hereinafter referred to as “you” (including its correlatives) or the “Representative”), and with the other underwriters named on Schedule 1 hereto for which the Representative is acting as representative (the Representative and such other underwriters being collectively called the “Underwriters” or, individually, an “Underwriter”) as follows:
INDEMNIFICATION AGREEMENTIndemnification Agreement • September 18th, 2017 • Netreit, Inc. • Real estate investment trusts • Maryland
THIS INDEMNIFICATION AGREEMENT (“Agreement”) is made and entered into as of the day of , 20 , by and between NetREIT, Inc., a Maryland corporation (the “Company”), and (“Indemnitee”).
PRE-FUNDED SERIES A COMMON STOCK PURCHASE WARRANT PRESIDIO PROPERTY TRUST, INC.Warrant Agreement • July 14th, 2021 • Presidio Property Trust, Inc. • Real estate investment trusts • New York
THIS PRE-FUNDED SERIES A COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, _____________ or its assigns (the “Holder”) is entitled, upon the terms and subject to the limitations on exercise and the conditions hereinafter set forth, at any time on or after the date hereof (the “Initial Exercise Date”) and until this Warrant is exercised in full (the “Termination Date”) but not thereafter, to subscribe for and purchase from Presidio Property Trust, Inc., a Maryland corporation (the “Company”), up to ______ shares (as subject to adjustment hereunder, the “Warrant Shares”) of Common Stock. The purchase price of one share of Common Stock under this Warrant shall be equal to the Exercise Price, as defined in Section 2(b).
UNDERWRITING AGREEMENT between PRESIDIO PROPERTY TRUST, INC. and THE BENCHMARK COMPANY, LLC as Representative of the Several Underwriters PRESIDIO PROPERTY TRUST, INC. UNDERWRITING AGREEMENTUnderwriting Agreement • June 24th, 2024 • Presidio Property Trust, Inc. • Real estate investment trusts • New York
The undersigned, Presidio Property Trust, Inc., a corporation formed under the laws of the State of Maryland (the “Company”), hereby confirms its agreement (this “Agreement”) with The Benchmark Company, LLC (hereinafter referred to as “you” (including its correlatives) or the “Representative”), and with the other underwriters named on Schedule 1 hereto for which the Representative is acting as representative (the Representative and such other underwriters being collectively called the “Underwriters” or, individually, an “Underwriter”) as follows:
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • July 14th, 2021 • Presidio Property Trust, Inc. • Real estate investment trusts • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of July 12, 2021, between Presidio Property Trust, Inc., a Maryland corporation (the “Company”), and each purchaser identified on the signature pages hereto (each, including its successors and assigns, a “Purchaser” and collectively the “Purchasers”).
PLACEMENT AGENT SERIES A COMMON STOCK PURCHASE WARRANT PRESIDIO PROPERTY TRUST, INC.Placement Agent Agreement • July 14th, 2021 • Presidio Property Trust, Inc. • Real estate investment trusts • New York
THIS PLACEMENT AGENT SERIES A COMMON STOCK PURCHASE WARRANT (this “Warrant”) certifies that, for value received, _____________ or its assigns (the “Holder”) is entitled, upon the terms and subject to the limitations on exercise and the conditions hereinafter set forth, at any time on or after the Initial Exercise Date (the “Initial Exercise Date”) and on or prior to 5:00 p.m. (New York City time) on July __, 2026 (the “Termination Date”) but not thereafter, to subscribe for and purchase from PRESIDIO PROPERTY TRUST, INC., a Maryland corporation (the “Company”), up to ______ shares (as subject to adjustment hereunder, the “Warrant Shares”) of Common Stock. The purchase price of one share of Common Stock under this Warrant shall be equal to the Exercise Price, as defined in Section 2(b).
PRESIDIO PROPERTY TRUST, INC. series a COMMON STOCK SALES AGREEMENTSales Agreement • November 9th, 2021 • Presidio Property Trust, Inc. • Real estate investment trusts • New York
Presidio Property Trust, Inc., a Maryland corporation (the “Company”), confirms its agreement (this “Agreement”) with The Benchmark Company, LLC, as follows:
WARRANT AGENT AGREEMENTWarrant Agent Agreement • November 9th, 2021 • Presidio Property Trust, Inc. • Real estate investment trusts • New York
This WARRANT AGENT AGREEMENT (this “Warrant Agreement”) dated as of [ ], 2021 (the “Issuance Date”) is between Presidio Property Trust, Inc., a Maryland corporation (the “Company”), and Direct Transfer, LLC (the “Warrant Agent”).
SERIES A COMMON STOCK PURCHASE WARRANT PRESIDIO PROPERTY TRUST, INC.Security Agreement • July 14th, 2021 • Presidio Property Trust, Inc. • Real estate investment trusts • New York
THIS SERIES A COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, _____________ or its assigns (the “Holder”) is entitled, upon the terms and subject to the limitations on exercise and the conditions hereinafter set forth, at any time on or after the date hereof (the “Initial Exercise Date”) and on or prior to 5:00 p.m. (New York City time) on [_____] (the “Termination Date”) but not thereafter, to subscribe for and purchase from Presidio Property Trust, Inc., a Maryland corporation (the “Company”), up to ______ shares (as subject to adjustment hereunder, the “Warrant Shares”) of Common Stock. The purchase price of one share of Common Stock under this Warrant shall be equal to the Exercise Price, as defined in Section 2(b).
SERIES A COMMON STOCK PURCHASE WARRANT PRESIDIO PROPERTY TRUST, INC.Warrant Agreement • November 9th, 2021 • Presidio Property Trust, Inc. • Real estate investment trusts • New York
THIS SERIES A COMMON STOCK PURCHASE WARRANT (this “Warrant”) certifies that, for value received, _____________ or its assigns (the “Holder”) is entitled, upon the terms and subject to the limitations on exercise and the conditions hereinafter set forth, at any time on or after the Initial Exercise Date and on or prior to 5:00 p.m. (New York City time) on [ ]1, 2026 (the “Termination Date”) but not thereafter, to subscribe for and purchase from PRESIDIO PROPERTY TRUST, INC., a Maryland corporation (the “Company”), up to [ ] shares (as subject to adjustment hereunder, the “Warrant Shares”) of Common Stock. The purchase price of one share of Common Stock under this Warrant shall be equal to the Exercise Price, as defined in Section 2(b). This Warrant shall initially be issued and maintained in the form of a security held in book-entry form and the Depository Trust Company or its nominee (“DTC”) shall initially be the sole registered holder of this Warrant, subject to a Holder’s right to e
EMPLOYMENT AGREEMENTEmployment Agreement • January 24th, 2011 • Netreit, Inc. • Real estate investment trusts • California
THIS EMPLOYMENT AGREEMENT (this “Agreement”), effective as of January 1, 2011, (“Effective Date”) and executed as of the date below, is entered into by and between NetREIT, Advisors, LLC, a Maryland corporation (the “Company”), and Larry G. Dubose (the “Executive”).
Presidio Property Trust, Inc.Placement Agent Agreement • July 14th, 2021 • Presidio Property Trust, Inc. • Real estate investment trusts • New York
LOAN AGREEMENT Dated as of November 21, 2012 Between NETREIT HIGHLAND LLC, NETREIT JOSHUA LLC, NETREIT SUNRISE LLC, collectively, as Borrower and BARCLAYS BANK PLC, as LenderLoan Agreement • November 28th, 2012 • Netreit, Inc. • Real estate investment trusts
THIS LOAN AGREEMENT, dated as of November 21, 2012 (as amended, restated, replaced, supplemented or otherwise modified from time to time, this “Agreement”), among BARCLAYS BANK PLC, a public company registered in England and Wales having an address at 745 Seventh Avenue, New York, New York 10019 (together with its successors and/or assigns, “Lender”) and by NETREIT HIGHLAND LLC, NETREIT JOSHUA LLC and NETREIT SUNRISE LLC, each a Delaware limited liability company, having its principal place of business at 1282 Pacific Oaks Place, Escondido, CA 92092 (individually and collectively as the context may require, “Borrower”).
EMPLOYMENT AGREEMENTEmployment Agreement • March 30th, 2021 • Presidio Property Trust, Inc. • Real estate investment trusts • California
THIS EMPLOYMENT AGREEMENT (this “Agreement”), effective as of October 18, 2017, (“Effective Date”) and executed as of the date below, is entered into by and between Presidio Property Trust, Inc., a Maryland corporation (the “Company”), and Jack K. Heilbron (the “Executive”).
NetREIT REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • July 29th, 2009 • Netreit • Real estate investment trusts • California
THIS REGISTRATION RIGHTS AGREEMENT (this “Agreement”) is made on the 15th day of February, 2005, by NetREIT, a California corporation (the “Company”), for the benefit of the Holders in connection with the Registrable Securities. Unless expressly defined in this Agreement, capitalized terms used in this Agreement shall have the meaning set forth in the Memorandum.
EMPLOYMENT AGREEMENTEmployment Agreement • February 9th, 2024 • Presidio Property Trust, Inc. • Real estate investment trusts • California
THIS EMPLOYMENT AGREEMENT (this “Agreement”), is made and entered into on February 6, 2024 (“Effective Date”) by and between Presidio Property Trust, Inc., a Maryland corporation (the “Company”), and Edwin Bentzen (the “Executive”).
PURCHASE AND SALE AGREEMENT HIGHLANDS RANCH SHEA CENTER II, LLC, Seller NETREIT, INC., PurchaserPurchase and Sale Agreement • April 20th, 2017 • Netreit, Inc. • Real estate investment trusts • Colorado
THIS ASSIGNMENT AND ASSUMPTION OF LEASES (“Assignment”) is executed as of the day of , 2015 (the “Effective Date”), between HIGHLANDS RANCH SHEA CENTER II, LLC, a Colorado limited liability company (“Assignor”), and NETREIT, INC., a Maryland corporation (“Assignee”), with reference to the following:
INDEPENDENT CONTRACTOR CONSULTING AGREEMENTIndependent Contractor Consulting Agreement • March 25th, 2019 • Presidio Property Trust, Inc. • Real estate investment trusts • California
THIS INDEPENDENT CONTRACTOR CONSULTING AGREEMENT (this "Agreement") is made effective as of January 1, 2018, by and between Presidio Property Trust, Inc., a Maryland corporation ("Company"), and Kenneth W. Elsberry ("Consultant").
NetREIT EMPLOYMENT AGREEMENTEmployment Agreement • July 29th, 2009 • Netreit • Real estate investment trusts • California
THIS EMPLOYMENT AGREEMENT is dated as of April 20, 1999, by and between NetREIT, a California corporation (hereinafter referred to as the “Company”), and Kenneth W. Elsberry (hereinafter referred to as the “Executive”).
PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONSPurchase and Sale Agreement • April 15th, 2015 • Netreit, Inc. • Real estate investment trusts • California
This Purchase and Sale Agreement and Joint Escrow Instructions (“Agreement”) is made as of February 6, 2015 (“Effective Date”) by, between and among NetREIT Highland, LLC, a Delaware limited liability company, NetREIT Joshua, LLC, a Delaware limited liability company, NetREIT, Inc., a Maryland corporation, NetREIT Casa Grande LP, a California limited partnership, and NetREIT Sunrise, LLC, a Delaware limited liability company (each, a “Seller”, and collectively, “Sellers”), and Sparky’s Storage 18 (CA) LP, a Delaware limited partnership (“Buyer”). Seller and Buyer shall be sometimes referred to herein individually as “Party” and collectively as “Parties”.
OPTION AGREEMENTOption Agreement • May 6th, 2008 • Netreit
This Option Agreement is made by and between CHG Properties, Inc., a California corporation ("Optionor") and NetREIT, a California corporation ("Optionee") on and as of February 15, 2005 (the "Effective Date").
NetREIT, Inc. Restricted Stock AgreementRestricted Stock Agreement • September 18th, 2017 • Netreit, Inc. • Real estate investment trusts • California
LOAN EXTENSION AND MODIFICATION AGREEMENTLoan Extension and Modification Agreement • March 5th, 2013 • Netreit, Inc. • Real estate investment trusts • Colorado
THIS LOAN EXTENSION AND MODIFICATION AGREEMENT (“Agreement”) is entered into as of February 27, 2013, by and between National Integrity Life Insurance Company, a New York corporation (“Lender”), and NetREIT Garden Gateway LP, a California limited partnership (“Borrower”).
AGREEMENT Dated as of September 17, 2019 By and Between POLAR MULTI-STRATEGY MASTER FUND and PRESIDIO PROPERTY TRUST, INC.Shareholder Agreement • September 23rd, 2019 • Presidio Property Trust, Inc. • Real estate investment trusts • New York
PLAN AND AGREEMENT OF MERGERMerger Agreement • August 10th, 2010 • Netreit • Real estate investment trusts
THIS PLAN AND AGREEMENT OF MERGER (this “Agreement”), dated as of July 30, 2010, is made and entered into by and between NETREIT, INC., a Maryland corporation (“NetREIT-MD”), and NETREIT, a California corporation (the “Company”).
Space Above This Line For Recorder’s Use) DEED OF TRUST, SECURITY AGREEMENT AND FIXTURE FILINGDeed of Trust • September 29th, 2008 • Netreit • Real estate investment trusts • California
Witnesseth, that Trustor hereby irrevocably grants, transfers and assigns to Trustee, in trust, with power of sale, all of Trustor’s estate, right, title and interest in, to and under that certain real property located at 444 — 464 S. Waterman Avenue, in the City of San Bernardino, County of San Bernardinio, State of California, more particularly described as follows:
PRESIDIO PROPERTY TRUST, INC. RESTRICTED STOCK AWARD GRANT NOTICE AND RESTRICTED STOCK AWARD AGREEMENTRestricted Stock Award Agreement • January 17th, 2018 • Presidio Property Trust, Inc. • Real estate investment trusts • Maryland
Presidio Property Trust, Inc., a Maryland corporation (the “Company”), pursuant to its 2017 Incentive Award Plan (as amended from time to time, the “Plan”), hereby grants to the individual listed below (“Participant”) the number of shares of the Company’s Series C Common Stock (the “Shares”) set forth below. This Restricted Stock award (the “Award”) is subject to all of the terms and conditions set forth in this Restricted Stock Award Grant Notice (the “Grant Notice”) and in the Restricted Stock Award Agreement attached hereto as Exhibit A (the “Agreement”) and the Plan, each of which are incorporated herein by reference. Unless otherwise defined herein, the terms defined in the Plan shall have the same defined meanings in this Grant Notice and the Agreement.
FIRST AMENDED AND RESTATED NETREIT NATIONAL CITY PARTNERS, LP LIMITED PARTNERSHIP AGREEMENTLimited Partnership Agreement • December 30th, 2011 • Netreit, Inc. • Real estate investment trusts • California
This First Amended and Restated NetREIT National City Partners, LP Limited Partnership Agreement (this “Agreement”) is entered into by and between NetREIT, Inc., a Maryland corporation (“NetREIT”), the “General Partner”, and NetREIT and LGI Delaware, LLC, a Delaware limited liability company (“LGI”), each as a “Limited Partner” and together the “Limited Partners”, effective on and as of December 8, 2011 (the “Effective Date”). This Agreement amends, restates and replaces any and all prior partnership agreements of NetREIT National City Partners, LP (the “Partnership”). The name and address of, and number of Units held by, each Partner shall be set forth and maintained in Exhibit A, which is attached hereto and hereby incorporated herein by reference.
GUARANTY AGREEMENTGuaranty Agreement • October 14th, 2022 • Presidio Property Trust, Inc. • Real estate investment trusts • Texas
WHEREAS, the execution of this Guaranty Agreement is a condition to FIRST HORIZON BANK (“Lender”) making certain loans to NETREIT MODEL HOMES, INC., a Delaware corporation, formerly NETREIT MODEL HOMES, LLC (“NMH”), DUBOSE MODEL HOME INVESTORS #202 LP, a California limited partnership (“Dubose #202”), DUBOSE MODEL HOME INVESTORS #203 LP, a California limited partnership (“Dubose #203”), DUBOSE MODEL HOME INVESTORS 204, LP, a California limited partnership (“Dubose #204”), DUBOSE MODEL HOME INVESTORS #205, LP, a California limited partnership (“Dubose #205”) and DUBOSE MODEL HOME INVESTORS #206, LP, a California limited partnership (“Dubose #206”, and together with NMH, Dubose #202, Dubose #203, Dubose #204 and Dubose #205, collectively, “Borrowers” and each a “Borrower”), pursuant to that certain Loan Agreement dated as of February 26, 2016, between Borrowers and Lender as amended by that certain First Amendment to Loan Agreement dated as of March 14, 2016, Second Amendment to Loan Agr
FIXED RATE NOTE [Defeasance]Loan Agreement • September 22nd, 2011 • Netreit, Inc. • Real estate investment trusts
ASSUMPTION AGREEMENTAssumption Agreement • December 30th, 2011 • Netreit, Inc. • Real estate investment trusts • California
This Assumption Agreement (“Agreement”) is made and entered into as of the 8th day of December 2011 by and among the following parties: CATHAY BANK, a California banking corporation (“Lender”), on the one hand, and LGI DELAWARE, LLC, a Delaware limited liability company (“Existing Borrower”), LEE JAY GITTLEMAN, aka Lee Gittleman, an individual (“Gittleman”), LEE JAY GITTLEMAN and CINDY ELIZABETH GITTLEMAN, as Trustees of THE GITTLEMAN FAMILY 2007 TRUST DATED DECEMBER 19, 2007 (individually and collectively, “Gittleman Trust”, and together with Gittleman at times hereinafter referred to, individually and collectively, as “Existing Guarantor”), and NETREIT NATIONAL CITY PARTNERS, LP, a California limited partnership (“New Borrower”), on the other hand, with reference to the following facts:
PROPERTY CONTRIBUTION AGREEMENT AND JOINT ESCROW INSTRUCTIONSProperty Contribution Agreement • September 12th, 2011 • Netreit, Inc. • Real estate investment trusts • California
TABLE OF CONTENTS Page 1. Formation of the Partnership 3 2. Capitalization of the Partnership 3 2.1 Contribution of the Property by LGI De 3 2.1.1 Net Value of the Property 3 2.1.2 Express Exclusions from "Property" 3 2.2 NetREIT's Capital Contributions 3 2.2.1 NetREIT's Contribution to Preferred Stock 4 2.2.2 NetREIT's Contribution of Cash 4 2.2.3 NetREIT's Deposit of Cash 4 2.2.4 Closing Cash Payment 4 2.3 Illustration of Capitalization Intent 5 2.4 The Partnership Agreement and Related Agreements 5 2.4.1 Conversion Rights Agreement 5 2.4.2 NetREIT's Call Option 5 3. Limitations on Benefits 5 4. Conditions to Parties' Obligations 6 4.1 NetREIT's Pre-Closing Conditions 6 4.1.1 Title 6 4.1.2 Physical Inspections 7 4.1.3 Plans, Permits, Reports and Related Information 8 4.1.4 Existing Environmental Reports 9 4.1.5 Governmental Authority and Other Inquiries 9 4.1.6 Contracts 9 4.1.7 Natural Hazard Disclosure 9 4.1.8 Leases and Financial Information 10 4.1.9 Financing Contingency 10 4.1.1
Space above this line for Recorder’s use.] LOAN ASSUMPTION AND SECURITY AGREEMENT, AND NOTE MODIFICATION AGREEMENTLoan Assumption and Security Agreement, and Note Modification Agreement • August 27th, 2009 • Netreit • Real estate investment trusts • California
THIS AGREEMENT is entered into and dated for reference purposes as of, AUGUST 1, 2009, by and among LA JOLLA BANK, FSB, (“Lender”), and NETREIT, A CALIFORNIA CORPORATION (“Purchaser”), with reference to the following facts:
LOAN AGREEMENT by and between JACKSON NATIONAL LIFE INSURANCE COMPANY, as Lender and NETREIT, INC., as Borrower Date: As of August ___, 2010 Project: 4995 Murphy Canyon Road, San Diego, CaliforniaLoan Agreement • August 27th, 2010 • Netreit • Real estate investment trusts
This Agreement is made as of the date set forth on the preceding cover page by and between the Borrower and Lender described on such page.
PREFERRED STOCK PURCHASE AGREEMENT BY AND BETWEEN NETREIT, INC. AND PFP III SUB II, LLC DATED AS OF AUGUST 4, 2014Preferred Stock Purchase Agreement • August 8th, 2014 • Netreit, Inc. • Real estate investment trusts • New York
This PREFERRED STOCK PURCHASE AGREEMENT, is made as of August 4, 2014 (this "Agreement"), by and between NetREIT, Inc., a Maryland corporation (the "Company"), and PFP III Sub II, LLC, a Delaware limited liability company (the "Investor"). Unless otherwise defined, capitalized terms used in this Agreement are defined in Section 6.
