LEASE AGREEMENT
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THIS LEASE AGREEMENT made and entered into on the, 31st day of December, 2001
by and between BANK & BUSINESS SYSTEMS, INC. hereinafter referred to as Lessor
and National Bank of Gainesville hereinafter referred to as Lessee.
WITNESSETH
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The Lessor hereby rents and leases to the Lessee, upon the terms and conditions
set forth in this instrument, the following described property, to wit:
ONE (1) 28 X 80 DCA APPROVED MODULAR BANK UNIT
A. One (1) Fifteen foot laminate teller line with undercounter pedestals
B. Six (6) offices as shown, Jasper Unit & one (1) electrical room
C. Two (2) ADA approved restrooms
D. One (1) lounge with cabinets
E. One (1) eight foot drive-up window
F. Night depository head and teller storage locker and bulk cash storage
locker
G. One complete CCTV and Alarm System
H. Furniture and Seating as shown
THIS UNIT LEASES FOR $4,100.00 PER MONTH, FOR TWELVE (12) MONTHS, PAYABLE IN
ADVANCE ($49,200). AFTER TWELVE (12) MONTHS THE LEASE WILL BE ON A MONTH TO
MONTH BASIS.
OTHER EXPENSES:
Freight to Gainesville $2,500.00
Block, Level and Tie Down $3,150.00
Underpinning $1,695.00
Dismantle $2,700.00
Return Freight $1,575.00
Taxes
Insurance
Permits
Canopies
Sitework
The term of this lease shall be for a period of twelve (12) months
commencing on the date of delivery of the described property to the location
as designated by the Lessee. At the expiration of the original term the Lessee
shall have the option to renew the lease on a month to month basis under the
same terms, conditions and provisions hereof, provided Lessee is not in default
under any of the terms or conditions of this lease. If Lessee elects to
exercise such option, he shall do so by giving written notice of such election
to Lessor not later than sixty (60) days prior to expiration of the original
term.
After the election to renew is exercised by the Lessee then in order to
terminate said lease, Lessee shall give Lessor written notice of termination
not less than sixth (60) days prior to said termination.
In consideration of said lease agreement, Lessee agrees to pay Lessor
rental as follows:
LEASE AMOUNT IS $4,100.00 PER MONTH ON A TWELVE MONTH BASIS, PAYABLE
ONE YEAR IN ADVANCE ($49,200). THIS PRICE DOES NOT INCLUDE ANY
APPLICABLE TAXES.
The Lessee is responsible for cost of property's tie down and blocking,
as well as, removal and return of property to Lessor. Rental payment shall
be delivered or mailed to Lessor at P. O. Xxx 0000, Xxxx, Xxxxxxx 00000-0000,
or such other place as may be designated by Lessor.
Lessee shall not, without the prior written consent of Lessor endorsed
hereon, assign this lease or any interest hereunder, or sublet the premises
or any part thereof, or permit the use of the premises by any party other
than tenant.
The Lessors, their agents, servants, or employees, may at all
reasonable times enter upon and inspect the demised premises.
Lessee further agrees that upon termination of this lease, Lessee shall
surrender quiet and peaceful possession of the premises in like good order as
at the commencement of said term, natural wear and tear expected.
Lessee accepts the leased property and personal property in its present
condition, as is. Lessee shall, throughout the initial term of this lease and
all renewals thereof, at its expense, maintain in good order and repair the
leased property, including all personal property leased herein, except those
repairs expressly required to be made by Lessor. Lessee agrees to return
said leased property to Lessor at the expiration of this lease in as good
condition and repair as when first received, natural wear and tear, damage
by storm, fire, lightning, earthquake or other casualty alone excepted.
Approval of Lessor is required prior to making repairs to the leased property.
In the event said property is destroyed or becomes untenantable due to
loss or damage, this lease shall terminate on the date of such destruction,
loss or damage and all liability of Lessee for rent shall cease. Lessee
shall, however, take necessary steps to preserve and protect said property
from further damage until Lessor has had a reasonable opportunity to retake
possession.
Lessor assumes no responsibility for the security of the property of
Lessee, its agents, servants, employees, invitees, guest, customers,
creditors, depositors, or any other person or entity. It is expressly
understood and agreed that it shall be the sole responsibility of the Lessee
to provide all measures of security.
Lessee shall promptly pay when due all taxes and charges levied against
the leased property to the State of Georgia or any state, municipality, or
county therein or agency of subdivision thereof. In the event that Lessee
fails or refuses to pay said taxes and charges before the same become
delinquent, Lessor may, at its option, pay said taxes and charges, together
with any penalty levied against or interest charged upon the same, and may
add the amount so paid to the rent accrued or thereafter accruing.
The property is, and shall at all times, remain, personal property,
notwithstanding that it or any part of it may now be, or hereafter become,
in any manner attached to, or embedded in, or permanently resting on, real
property, or attached in any manner to what is permanent by whatever means.
Lessee shall procure and maintain insurance on the personal property
leased herein, as well as insurance on its contents, any improvements made
by Lessee, including fire and extended coverage, during the term of this
lease. Lessee shall procure and maintain throughout the term of this lease
a policy of insurance at its sole cost and expense, insuring Lessee, Lessor
and all other person designated by Lessor against any and all liability
for injury to or death to a person, or persons, and for damage or destruction
of property occasioned by or arising out of or in connection with the use and
occupancy of the leased property or by the condition of the leased property, the
limits of with respect to injuries to or death of any one person, and in the
amount of not less than $1,000,000.00 in respect to any one accident or
disaster, and in an amount of not less than $150,000.00 with respect to
property damaged or destroyed, or with such other limits as may be required
by Lessor, and to be written by an insurance company or companies satisfactory
to Lessor.
Lessee agrees to protect and save Lessor harmless from any and all
liability for any damage whatsoever to property of Lessee, its servants,
agents, employees, invitees or guest, or for injuries, including death, to
any of the servants, agents, employees, invitees or guests of Lessee, during
the term of this lease occasioned by or resulting from any carelessness,
negligence or improper conduct on the part of the Lessee. Lessee further
agrees to indemnify and save harmless Lessor against all claims for damage to
person or property by reason of the use or occupancy of the leased property,
and all expenses incurred by Lessor because thereof, including attorney's
fees and court costs.
In the event the Lessee, its successors or assigns should become insolvent,
bankrupt, make an assignment for the benefit of creditors or should their
interest herein by levied upon or should the bank be closed or taken over by
the banking regulatory authority then in any of those events, the Lessor may
terminate this lease. The termination under this paragraph shall only be
effectuated with the approval of such banking authority and such authority
shall have the right to continue the lease at its election and under the
same terms and conditions set out herein.
All written notices shall be made by the party responsible to the other
party by the United States Mail. Postage prepaid, and shall be deemed to have
been made when deposited in the post office correctly addressed to the
respective part. The address of the Lessor shall be BANK & BUSINESS
SYSTEMS, INC. P. O. Xxx 0000, Xxxx, XX 000000-0000. The address of the
lessee shall be: THE NATIONAL BANK OF GAINESVILLE, 000 XXXXXX XX., X 0 XXX
0000, XXXXXXXXXXX, XX 00000, either party changing its address shall have the
responsibility of notifying the other party thereof and upon failure
to do so, said notice shall be deemed to have been received when the same
is deposited in the United States Mail, postage prepaid, to the above
address of such party.
Time is of the essence of this agreement. The laws of the State of
Georgia shall govern the interpretation, validity, and enforcement of this
lease. This lease contains the entire agreement of the parties hereto and
no representations, inducements, promises, or agreements, oral or otherwise,
between the parties, not embodied herein, shall be of any force or effect.
If any portion, hereof shall be held invalid or unenforceable by any court
of competent jurisdiction, such holding shall not invalidate or render
unenforceable any other provision hereof.
This lease shall be binding upon the parties hereto, their successors
and assigns.
IN WITNESS WHEREOF, the parties hereunto set their hands and seals on the day
and year first above written.
LESSOR:
BANK & BUSINESS SYSTEMS, INC.
By: /s/ Xxxxx X. Xxxxxx
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Title: President
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Attest: /s/Xxxxxx X. Xxxxxx
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Title: Vice President
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Date: 12/12/01
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LESSEE:
THE NATIONAL BANK OF GAINESVILLE
By: /s/ Xxxx X. Xxxxxxxx
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Title: President/CEO
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Attest: _______________________
Title:_________________________
Date: 12/31/01
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