FOR EXAMINATION PURPOSES ONLY AND DOES NOT CONSTITUTE A RESERVATION OF, OR
OPTION FOR TENANT TO LEASE, OR OTHERWISE CREATE ANY INTEREST OF TENANT IN THE
PREMISES OR THE SHOPPING CENTER. EXECUTION OF THIS LEASE BY TENANT AND ITS
RETURN TO LANDLORD SHALL CONSTITUTE AN OFFER TO LEASE WHICH LANDLORD SHALL HAVE
NO OBLIGATION TO ACCEPT. LANDLORD'S ACCEPTANCE SHALL ONLY BE EVIDENCED BY
LANDLORD'S EXECUTION OF THIS LEASE AND DELIVERY TO TENANT.
47.
NO ORAL AGREEMENTS.
THIS LEASE COVERS IN FULL EACH AND EVERY
AGREEMENT OF EVERY KIND OR NATURE WHATSOEVER BETWEEN THE PARTIES HERETO
CONCERNING THIS LEASE, AND ALL PRELIMINARY NEGOTIATIONS AND AGREEMENTS OF
WHATSOEVER KIND OR NATURE (INCLUDING DISCUSSIONS WITH BROKERS, AGENTS, ATTORNEYS
AND/OR EMPLOYEE OF LANDLORD) ARE MERGED HEREIN, AND THERE ARE NO ORAL AGREEMENTS
OR IMPLIED COVENANTS. TENANT EXPRESSLY ACKNOWLEDGES THAT LANDLORD HAS NOT
REPRESENTED THAT TENANT WILL HAVE THE EXCLUSIVE RIGHT TO OPERATE ANY PARTICULAR
TYPE OF BUSINESS WITHIN THE SHOPPING CENTER OR THAT ANY SPECIFIC TENANT OR
NUMBER OF TENANTS WILL OCCUPY SPACE WITHIN THE SHOPPING CENTER AT ANYTIME DURING
THE TERM OF THIS LEASE.
IN WITNESS WHEREOF, the parties have duly executed this Lease on the date first
above written.
LANDLORD:
La Jolla Investors,
A California General, Partnership
By:
/s/ Steven Grant
Steven Grant, Trustee
General Partner
/s/ Larry Tucker
Larry Tucker as Trustee of Larry Tucker
Separate Property Trust dated September 17, 1987
TENANT:
1st Pacific Bank of California,
a California Corporation
By:
/s/ Robert B. Hildt
Robert B. Hildt,
President
If Tenant is a corporation, the authorised officers must sign on behalf of the
corporation and Indicate the capacity in which they are signing. The Lease must
be executed by the president or vice-president and the secretary or assistant
secretary, unless bylaws or a resolution of the board of directors shall
otherwise provide, in which event the bylaws or a certified copy of the
resolution, as the case may be, must be concurrently delivered to Landlord.
15
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EXHIBIT A