AMENDMENT No. 1
This Amendment No. 1 is made effective as of July 24, 2003 by and between
THE XXXXXXXXX FOUNDATION, a California nonprofit corporation, as Landlord, and
NORTH VALLEY BANK, as Tenant.
1. Recitals. This Amendment No. 1 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").
2. Premises. The Premises shall now include 0000 Xxxx Xxxxxx Xxxxx
consisting of approximately 1,750 square feet. Total Premises square
footage to be approximately 10,410.
3. Fixed Rent. Fixed rent will increase from $6,062.00 per month to
$7,287.00 per month commencing on the day after the current tenant
vacates 0000 Xxxx Xxxxxx Xxxxx. 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. Termination of 0000 Xxxx Xxxxxx Xxxxx Existing Lease and Notice to
Vacate. The Lease entitled "Lease", dated August 1, 1999, by and
between The XxXxxxxxx Foundation, as Landlord, and Xxxxxxx Xxxxxx
and Xxxx Xxxxxx, as Tenant shall terminate as of the date Tenant
vacates premises. Tenant has received a 60-Day Notice as of 7/28/03,
a copy of which is attached as appendix A. In the event Tenant does
not vacate as of 9/26/03, The XxXxxxxxx Foundation shall use all
reasonable efforts to deliver possession of said premises to North
Valley Bank as soon as possible. 0000 Xxxx Xxxxxx Xxxxx to be
delivered to North Valley Bank in as-is condition.
5. Tenant Improvements. Upon taking possession of 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. 1, 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. 1, the provisions of
this Amendment No. 1 shall prevail.
LANDLORD:
THE XXXXXXXXX FOUNDATION, a California non-profit corporation
BY: /s/ Xxxx Xxxxxxxxx Date: 7/24/03
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Xxxx Xxxxxxxxx, Executive Vice-President
TENANT:
NORTH VALLEY BANK
/s/ Xxxx Xxxxxxx Date: 7-24-03
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Xxxx Xxxxxxx, Chief Operations Officer
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