EXHIBIT 99.4
LEASE
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THIS LEASE IS EXECUTED ON June 1, 1992 between XXXXX X. XXXXXX AND XXXXX X.
XXXXXX, his wife, called landlord, and Bank of Xxxxxx, called Tenant, without
regard to gender or number.
1. DESCRIPTION: Landlord hereby leases to Tenant and Tenant hires from
Landlord those certain premises described as follows:
Land at southwest end of parking lot, for banking purposes, with facilities
furnished by the bank.
Included in lease Landlord agrees to furnish water, septic tank, xxxxx
line, sign space on electric outdoor sign, snow removal and use of parking
lot for customers of tenant.
2. TERM: The term of this Lease shall be for a period of 60 months.
Tenant shall pay landlord during lease term fixed rent at the rate of
$425.00 per month for 24 months.
The next 36 months the fixed rent payable at the rate of $500.00 per
month. First and last months lease payment in advance. Lease to be with
five year option payable at fixed rate of $500.00 per month. Second five
year option payable at fixed rate of $600.00 per month.
3. Tenant's Responsibilities: Tenant shall at Tenant's expense install
improvements and additions. Tenant shall pay maintenance fee of $20.00 per
month used only for outside maintenance such as snow removal, lot sweeping
and septic tank pumping.
4. Use: Tenant shall promptly comply with all laws, ordinances, orders and
regulations affecting the premises and their cleanliness, safety,
occupation and use.
At all times Tenant shall keep the premises, the walkway adjacent to the
premises, and any loading platform or service areas, whether or not such
use be exclusive, clean and free from rubbish and dirt. Tenant shall store
within the premises all trash and garbage and arrange for the regular
pick-up of trash and garbage at Tenant's expense. Tenant shall not burn
trash or garbage of any kind in or about the premises of shopping center.
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5. Utilities. Tenant shall pay all charges for electricity, gas, heat, air
cooling, telephone, and other utility services used on the premises during
lease term.
6. Repairs, Alterations and Improvements. Landlord shall have the right to
post and maintain on the premises such notices of non-responsibility as are
provided for under the mechanics' lien law of California.
7. Exculpatory Clauses.
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a. Landlord shall not be liable to Tenant or to any other person
whatsoever for any damage occasioned by plumbing, gas, water, steam,
sprinkler, or other pipe and sewage system, or by the bursting, running, or
leaking of any tank, washstand, closet, or water or other pipes, in or
about the premises of the building of which they are a part.
b. Tenant agrees to indemnify and save Landlord harmless from and against
any and all claims arising from any act, omission, or negligence of Tenant,
or its contractors, licensees, agents, servants, or employees, or arising
from any accident, injury, or damage whatsoever caused to any person or
property occurring in, on, or about the premises or any part of them, the
sidewalks adjoining the premises, and any loading dock used exclusively by
Tenant, and from and against all costs, expenses, and liabilities incurred
in, or in connection with, any such claim or proceeding brought thereon.
8. Condemnation. If title to all of the premises is taken for any public or
quasi-public use under any statute, or by right of eminent domain, or by
private purchase in lieu of eminent domain, or if title to so much of the
premises is so taken that a reasonable amount of reconstruction of the
premises will not result in the premises being a practical improvement and
reasonably suitable for Tenant's continued occupancy for the uses and
purposes for which the premises are leased, then, and in either event, this
lease shall terminate on the date that possession of the premises or part
of the premises is taken.
9. Insurance. During the lease term, Tenant shall, at its own expense,
maintain in full force a policy or policies of comprehensive liability
insurance, including property damage, written by one or more responsible
insurance companies licensed to do business in California, that will insure
Tenant and Landlord (and such other persons, firms, or corporations as are
designated by Landlord) against liability for injury to persons and
property and for death of any person or persons occurring in or about the
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premises. Each such policy shall be subject to approval by Landlord as to
form and as to insurance company. The liability under such insurance shall
not be less than $ 300,000.00 for any one person injured or killed, not
less than $ 100,000.00 for any one accident, and not less than $ 50,000.00
for property damage. If, in the considered opinion of Landlord's insurance
advisor, the amount of such coverage is not adequate. Tenant shall increase
the coverage to such amounts as Landlord's advisor shall deem adequate.
Tenant shall also maintain and keep in force plate glass insurance coverage
on all exterior plate glass in the premises. Tenant shall provide Landlord
with copies or certificates of all policies, including in each instance an
endorsement providing that such insurance shall not be canceled except
after thirty (30) days' notice to Landlord.
10. Taxes. Tenant shall pay before delinquency any and all taxes, assessments,
license fees, and public charges levied, assessed, or imposed and which
become payable during the lease term upon Tenant's fixtures, furniture,
appliances, and personal property installed or located in the premises.
11. Remedies.
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a. If (i) Tenant's interest, or any part of his interest, in this lease
be assigned or transferred, either voluntarily or by operation of law,
except with Landlord's consent, or (ii) a voluntary or involuntary petition
in bankruptcy, or for reorganization, or for any arrangement, be filed by
or against Tenant, or any member of Tenant if Tenant be a partnership or
joint venture, or if Tenant be adjudicated bankrupt or insolvent, or if a
receiver be appointed of the business or of the assets of Tenant, except a
receiver appointed at the instance or request of Landlord, or if Tenant
make a general assignment, or any assignment for the benefit of his
creditors, or (iii) Tenant, after notice, fails to remedy any default (aa)
in the payment of any sum due under this lease for 30 days or (bb) in the
keeping of any other term, covenant, or condition of this lease with all
reasonable dispatch, not exceeding 30 days, then, in addition to any other
remedy Landlord may have by operation of law, Landlord shall have the right
without any further demand or notice, to reenter the premises and eject all
persons from the premises, using all necessary force to do so, and declare
this lease at an end, in which event Tenant shall immediately pay Landlord
a sum of money equal to the amount, if any, by which the then cash value of
the rent reserved under this lease for the balance of the lease term
exceeds the then cash reasonable rental value of the premises for the
balance of the lease term.
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b. In the event that Landlord should bring suit for the possession of the
premises, for the recovery of any sum due under, or because of the breach
of, any covenant in this lease, or for any other relief against Tenant,
declaratory or otherwise, or should Tenant bring any relief against
Landlord, declaratory or otherwise, arising out of this lease, and Landlord
should prevail in any such suit, Tenant shall pay Landlord a reasonable
attorney's fee, which shall be deemed to have accrued on the commencement
of such action and shall be enforceable whether or not such action is
prosecuted to judgment.
c. In the event of Tenant's breach of any covenant in this lease,
Landlord may at any time, without notice, cure such breach for the account
and at the expense of Tenant. If Landlord at any time, by reason of such
breach, is compelled to pay, or elects to pay, any sum of money or to do
any such act that will require the payment of any sum of money, or is
compelled to incur any expense, including reasonable attorney's fees, in
instituting, prosecuting or defending any actions or proceedings to enforce
Landlord's rights under this lease or otherwise, the sum of sums so paid by
Landlord, with all interest, costs, and damages, shall be deemed to be
additional rent under this lease and shall be due from Tenant to Landlord
on the first day of the month following the incurring of such expenses.
12. Holding Over and Surrender.
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a. If Tenant should remain in possession of the premises after the
expiration of the lease term and without executing a new lease, then such
holding over shall be construed as a tenancy from month to month, subject
to all the conditions, provisions, and obligations of this lease insofar as
the same are applicable to a month-to-month tenancy.
b. On the last day or soon termination of the lease term, Tenant shall
quit and surrender the premises, including removal of any excess concrete
pads or sidewalks used in operation of business. Tenant shall ascertain
from Landlord within 30 days before the end of the lease term whether
Landlord desires to have the premises restored to their condition when the
premises were delivered to Tenant, and if Landlord shall so desire, then
Tenant shall restore the premises or such part of the premises before the
end of the lease term at Tenant's sole cost and expense. On or before the
end of the lease term, Tenant shall remove all its property from the
premises, and all property not removed shall be deemed abandoned by Tenant.
If the premises be not surrendered at the end of the lease term, Tenant
shall indemnify Landlord against loss or liability resulting from delay by
Tenant in surrendering the premises, including, without limitation, any
claims made by any succeeding tenant founded on the delay.
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13. Effect of Landlord's Conveyance. If, during the term of this lease,
Landlord shall sell its interest in the shopping center, or the premises,
then from and after the effective date of the sale, Landlord shall be
released and discharged from any and all obligations and responsibilities
under this lease except those already accrued.
14. Arbitration. Any question, dispute, controversy, or misunderstanding
arising under or in connection with this lease, other than disputes with
respect to the payment of rent, taxes, or to keep the premises insured,
shall be determined in accordance with the California Arbitration Statute
(C.C.P. paragraph 1280 et seq).
15. Conditional Limitations. Each term and each provision of this lease
performable by Tenant shall be construed to be both a covenant and a
condition.
16. Waiver. One or more waivers by Landlord of any covenant or condition shall
not be construed as a waiver of a subsequent breach of the same or any
other covenant or condition. Landlord's consent to or approval of any act
by Tenant requiring Landlord's consent or approval shall not be deemed to
waive or render unnecessary Landlord's consent to or approval of any
subsequent similar act by Tenant.
17. Notices. All notices, statement, demands, requests, consents, approvals,
authorizations, offers, agreements, appointments, or designations under
this lease by either party to the other shall be in writing and shall be
sufficiently given and served upon the party, if sent by certified mail,
return receipt requested, postage prepaid, and addressed as follows:
To Tenant, addressed to the last known post office address of Tenant or the
premises;
To Landlord, at Pioneer, California, or to such other place as Landlord may
from time to time designate by notice to Tenant.
MISCELLANEOUS PROVISIONS:
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18. Whenever the singular number is used in this lease and when required by the
context, the same shall include the plural, and the masculine gender shall
include the feminine and neuter genders, and the word "Person" shall
include corporation, firm, or association. If there be more than one
Tenant, the obligations imposed under this lease upon Tenant shall be joint
and several.
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19. This instrument contains all of the agreements and conditions made between
the parties to this lease and may not be modified orally or in any other
manner than by an agreement in writing signed by all the parties to this
lease or their respective successors in interest.
20. Time is of the essence of each term and provision of this lease.
21. The terms and provisions of this lease shall be binding upon and insures to
the benefit of the heirs, executors, administrators, successors, and
assigns of Landlord and Tenant.
Signed the date and year first hereinabove written.
LANDLORD: TENANT:
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BANK OF XXXXXX
/s/ XXXXX X. XXXXXX 5-5-92 /s/ XXXXX XXXXX
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Xxxxx X. Xxxxxx Xxxxx Xxxxx
/s/ XXXXX X. XXXXXX 5-5-92
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Xxxxx X. Xxxxxx
ADDENDUM TO LEASE BETWEEN
XXXXX X. XXXXXX AND XXXXX X. XXXXXX AS LESSORS
AND BANK OF XXXXXX AS LESSEE
DATED JUNE 1, 1987
Assignment and Subletting. Lessee may assign this lease or sublet all or any
portion of said premises without the prior written consent of Lessors at any
time during the term of this lease. All other terms and conditions of lease
shall remain the same.
Lessors: Lessee:
BANK OF XXXXXX
/s/ XXXXX X. XXXXXX /s/ XXXXX XXXXX
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Xxxxx X. Xxxxxx Xxxxx Xxxxx
/s/ XXXXX X. XXXXXX
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Xxxxx X. Xxxxxx
