EXHIBIT 10(kkk)
AMENDMENT No. 3
This Amendment No. 3 is made effective as of March 1, 2005 by and
between THE XXXXXXXXX FOUNDATION, a California nonprofit corporation, as
Landlord, and NORTH VALLEY BANK, as Tenant.
1. Recitals. This Amendment No. 3 is made with reference to the following
facts and objectives:
a) Landlord and Tenant entered into a written lease dated October
1, 2002, (the "Lease"), in which Landlord leased to Tenant and
Tenant leased from Landlord, the Premises located in the City
of Xxxxxxx, County of Shasta, California, commonly known as
0000-0000 Xxxx Xxxxxx Xxxxx consisting of 8,660 square feet
(the "Premises"). Subsequently, the following Amendments were
executed:
o On July 24, 2003 Landlord and Tenant executed
Amendment No. 1 which served to incorporate suite
0000 Xxxx Xxxxxx Xxxxx into Premises for a Total
Premises square footage of approximately 10,410, and
o On August 1, 2004 Landlord and Tenant executed
Amendment No. 2 which served to incorporate suite
1816 and 0000 Xxxx Xxxxxx Xxxxx into Premises for a
Total Premises square footage of approximately
12,723.
2. Premises. The Premises shall now include 1812 and 0000 Xxxx Xxxxxx
Xxxxx consisting of approximately 3150 square feet. Total Premises
square footage to be approximately 15,873.
3. Fixed Rent. Fixed rent will increase from $9,173.28 per month to
$11,378.28 per month commencing March 1, 2005. Sum of Fixed Rent is
subject to increase at the rate of 3 %, per year, each year on the 1st
day of October, and continuing during the term.
4. Tenant Improvements. 1812 and 0000 Xxxx Xxxxxx Xxxxx to be delivered to
North Valley Bank in as-is condition. Upon taking possession of 1812
and 0000 Xxxx Xxxxxx Xxxxx, any improvement, alterations or additions
shall be at the sole cost of Tenant. All alterations, additions or
changes to the Premises require the supervision of a competent
architect or competent licensed structural engineer and made in
accordance with plans and specifications with respect thereto, approved
in writing by Landlord prior to the commencement of work. Tenant's
contractor shall maintain all insurance reasonably required by
Landlord. In no event shall there be any liens placed against the
Property by the Tenant's contractor, xxxxxxx, or material men, without
Landlord's prior written consent. Tenant shall submit to Landlord
copies of paid invoices, contractor lien releases and permits upon
completion. Tenant shall abide by all terms of the Lease pertaining to
Tenant Improvements and Alterations.
6. Americans with Disabilities Act. In the event that as a result of
Tenant's Improvements, Tenant's use, or intended use, of the Premises
the Americans with Disabilities Act or any similar law requires
modifications or construction or installation of improvements in or to
the Premises and/or Common Areas, the Parties agree that such
modifications, construction or improvements shall be made at Tenant's
expense.
7. Effectiveness of Lease. Except as set forth in Amendment No. 3, all
provisions of the Lease shall remain unchanged and in full force and
effect.
8. Conflict of Terms. In the event of any conflict between the provisions
of the Lease and this Amendment No. 3, the provisions of this Amendment
No. 3 shall prevail.
LANDLORD:
THE XXXXXXXXX FOUNDATION, a California non-profit corporation
By: /s/ XXXX XXXXXXXXX Date: 3/30/05
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Xxxx Xxxxxxxxx, Executive Vice-President
TENANT:
NORTH VALLEY BANK
/s/ XXXX XXXXXXX Date: 3/17/05
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Xxxx Xxxxxxx, Chief Operations Officer
