Unassociated Document


    

      EXHIBIT
        10.1

      


      FIRST
        AMENDMENT TO LEASE AGREEMENT

      


      THIS
        FIRST AMENDMENT TO LEASE AGREEMENT
        (the
“Agreement”), is made this 15th day of November, 2005, by and among CANTON
        CROSSING TOWER, LLC,
        a
        Maryland limited liability company, having an address at 3301 Boston Street,
        Baltimore, MD 21224(the “Landlord”), and First Mariner Bank, a Maryland
        Corporation(the “Tenant”),

      


      WITNESSETH,
        THAT WHEREAS, by a Lease Agreement dated May 12, 2005, by and between the
        Landlord and Tenant (the “Lease”), the Landlord leased to Tenant and Tenant
        leased from the Landlord all of that certain space, in the building known
        as
        Canton Crossing Tower, located at 1501 South Clinton Street, which is more
        particularly described therein (hereinafter and therein referred to as "the
        Demised Premises"); and

      


      WHEREAS,
        the Landlord and the Tenant desire to amend certain provisions of the
        Lease,

      


      NOW,
        THEREFORE, FOR AND IN CONSIDERATION of the mutual entry into this Agreement
        by
        the parties hereto, and for other good and valuable consideration, the receipt
        and adequacy of which are hereby acknowledged by each party hereto, the parties
        hereto hereby agree as follows:

      


      Section
        1. Amendment - Premises. Pursuant the paragraph 1, sentence 3, the Tenant
        has
        elected to exercise, and Landlord has elected to grant, the right for the
        expansion of rental square footage by 16,136 rentable square feet.

      


      Section
        2.  Amendment - Premises. Paragraph (1), the first sentence
        of
        paragraph one of the Lease is hereby deleted in its entirety and the following
        shall be inserted in lieu thereof:

      


      “1.
        Premises.
        Landlord does hereby lease to Tenant, and Tenant does hereby lease from
        Landlord, for the term and on the conditions hereinafter provided, approximately
        63,552 usable square feet of space on the 4th,
        15th
        and 16th
        floors, upon mutual consent between Landlord and Tenant, the floor location
        may
        be subject to change, 74,061 rentable square feet based on current BOMA
        standards and the common area and core factor rates, and known as Suite
TBD
        (hereinafter referred to as the “Demised Premises”), of the building known as
        Canton Crossing Tower (“Building”), together with the right to the non-exclusive
        use, in common with others, of such footways, hallways, parking areas and
        other
        facilities designed for common use in the Building or on the land on which
        the
        Building is located (hereinafter collectively referred to as the
“Property”).”

      


      Section
        3. Amendment- Landlord’s Costs. Paragraph (4)(b)(i) of the Lease is hereby
        deleted in its entirety and the following shall be inserted in lieu
        thereof:

      


      
        
          
          

        

        
          1

          
            

          

        

        
          
          

        

      

      “(i)
        “Tenant’s Pro Rata Share” shall mean 15.53% representing the ratio that the
        rentable area of the Demised Premises (i.e., 74,061 rentable square feet)
        bears
        to the total rentable area in the Building (i.e., 476,915 rentable square
        feet).”

      


      Section
        4. Amendment - Parking. Paragraph [9] of the Lease is hereby deleted in its
        entirety and the following shall be inserted in lieu thereof:

      


      


      “9.
         Parking.
        Parking
        for the Property includes the non-exclusive right to use 212 spaces in the
        surface parking areas as directed by Landlord. The parking areas and surface
        lot
        are referred to as the “Parking Facilities.” The use of the Parking Facilities
        by Tenant, and Tenant’s employees, visitors, invitees and licensees, shall be at
        their sole risk and expense, and in no event shall Landlord have any liability
        for damage, to or theft or loss of, property of Tenant or of Tenant’s employees,
        visitors, invitees or licensees sustained in or about the Parking Facilities.
        The Parking Facilities shall be subject to reasonable rules and regulations
        governing the use thereof which shall be uniformly enforced and not enforced
        against Tenant in a discriminatory manner and from time to time be relocated
        with reasonable notice to Tenant. Tenant agrees to keep, observe and comply
        with
        all such rules and regulations, and will direct and require its employees,
        visitors, invitees and licensees to comply therewith. No one is authorized
        to
        accept possession of any vehicle from Tenant or from Tenant’s employees,
        visitors, invitees or licensees, or to accept custody of any articles from
        Tenant. Parking shall be on an unreserved first come, first serve basis at
        no
        charge throughout the Lease Term and any renewals or expansions.”

      


      Section
        5.  Representations
        and Covenants.

      


      5.1.
        The
        Landlord hereby represents and warrants to the Tenant that the Landlord holds
        all of the lessor's rights under the provisions of the Lease, and as such
        has
        full power and authority to enter into this Agreement and take each action
        to be
        taken by the Landlord hereby or pursuant to the provisions hereof.

      


      5.2.
        The
        Tenant hereby represents and warrants to the Landlord that the Tenant holds
        all
        of the lessee's rights under the provisions of the Lease, and as such has
        full
        power and authority to enter into this Agreement and take each action to
        be
        taken by the Tenant hereby or pursuant to the provisions hereof.

      


      5.3.
        Each
        of Landlord and Tenant represent to the other that the Lease is in full force
        and effect, that neither party is in default or breach of any of their
        respective obligations under the Lease.

      


      
        
          
          

        

        
          2

          
            

          

        

        
          
          

        

      

      Section
        6. General.

      


      6.1.  Effectiveness.
        This
        Agreement shall become effective upon and only upon its execution and delivery
        by each party hereto.

      


      6.2.  Complete
        understanding.
        This
        Agreement represents the complete understanding among the parties hereto
        as to
        the subject matter hereof, and supersedes all prior negotiations,
        representations, guaranties, warranties, promises, statements or agreements,
        either written or oral, among the parties hereto as to the same.

      


      6.3.  Waiver.
        No
        party hereto shall be deemed to have waived the exercise of any right which
        it
        holds hereunder unless such waiver is made expressly and in writing (and,
        without limiting the generality of the foregoing, no delay or omission by
        any
        party hereto in exercising any such right shall be deemed a waiver of its
        future
        exercise). No such waiver made in any instance involving the exercise of
        any
        such right shall be deemed a waiver as to any other such instance, or any
        other
        such right.

      


      6.4.  Successors.
        Subject
        to the provisions of the Lease, this Agreement shall be binding upon and
        shall
        inure to the benefit of the parties hereto and their respective heirs, personal
        representatives, successors and assigns hereunder.

      


      IN
        WITNESS WHEREOF, each party hereto has executed and ensealed this Agreement
        or
        caused it to be executed and ensealed on its behalf by its duly authorized
        representatives, the day and year first above written.

       

      
        	WITNESS
                or ATTEST:	 	 	
                CANTON
                  CROSSING TOWER, LLC,
A Maryland limited liability company,

                  

              	 
	 	 	
                By:  
                  

              	
                /s/
                  Edwin F. Hale, Jr.

              	
                (SEAL)

              
	
                

              	 	 	
                

              	 
	 	 	 	Name:
                Edwin
                F. Hale, Jr.	 
	 	 	 	Title: 	 


      

       

      
         

        
          	WITNESS
                  or ATTEST:	 	 	
                  FIRST
                    MARINER BANK
TENANT

                    

                	 
	 	 	
                  By:  
                    

                	
                  /s/
                    Joseph Cicero

                	
                  (SEAL)

                
	
                  

                	 	 	
                  

                	 
	 	 	 	Name:
                  Joseph Cicero	 
	 	 	 	Title:	 


        

        
 

        
          
            
            

          

          
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