FIRST AMENDMENT TO LEASE AGREEMENT
FIRST
AMENDMENT TO LEASE AGREEMENT
THIS
FIRST AMENDMENT TO LEASE AGREEMENT {this "Amendment") is made
as of this 30th
day of
August, 2006 (the "Date of Amendment") by and between
CRP HOLDINGS V, L.P., a Delaware limited partnership
("Landlord"), and CHARYS HOLDING COMPANY, a Delaware
corporation ("Tenant").
RECITALS
WHEREAS,
Landlord and Tenant are the lessor and the lessee, respectively,
under
the Existing Lease, pursuant to which Landlord demises to Tenant, and Tenant
leases from Landlord, the Existing Premises in that certain building known
as
0000 Xxxxxxxxx Xxxxxx Xxxx xx Xxxxxxx, Xxxxxx Xxxxxx, Xxxxxxx;
and
WHEREAS,
Landlord and Tenant wish to enter into this Amendment to provide
for
the leasing of certain additional space in the Building by Tenant, to extend
the
term of the Existing Lease, and to modify certain of the other terms and
conditions of the Existing Lease, all as more particularly set forth
herein.
AGREEMENTS
NOW,
THEREFORE, WITNESSETH, that for and in consideration of the mutual
covenants and agreements herein contained and for other good and valuable
considerations, the receipt and sufficiency of which are hereby acknowledged,
Landlord and Tenant hereby agree as follows:
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Section
1.
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Definitions.
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The
following defined terms, when and as used in this Amendment, shall have the
meanings herein ascribed to them. To the extent a defined term is used in
this
Amendment which is not defined in this Amendment, it shall have the meaning
in
this Amendment which is ascribed to such defined term in the Existing Lease,
to
the extent that a meaning for such defined term is set forth in the Existing
Lease.
(a) "Additional
Premises" means all of that space on the fourth (4th) floor
of the
Building adjoining the Existing Premises, as more particularly described
in
Exhibit A attached to and hereby made a part of this Amendment, known as
"Suite W-401" and consisting of approximately 4,463 rentable square feet
of
space.
(b) "Additional
Premises Occupancy Date" means that date which is the first (1st) business
day
after the date as of which Landlord, in its sole and absolute discretion,
shall
deem the Tenant Improvements (as defined in Section 7 of this Amendment)
to be
Substantially Complete (as defined in Section 7 of this Amendment). As of
the
Date of Amendment, Landlord anticipates that the Additional Premises Occupancy
Date shall occur on November 1, 2006.
(c) "Additional
Premises Occupancy Period" means that period of time commencing on the
Additional Premises Occupancy Date and ending on October 31,
2011.
(d) "Building"
means that certain building known as 1117 Perimeter Center West in Atlanta,
Xxxxxx County, Georgia.
(e) "Existing
Lease" means that certain Lease Agreement dated March 31, 2004 between Original
Landlord, as the lessor, and Original Tenant, as the lessee, with respect
to the
Existing Premises, together with all addenda, exhibits, riders and supplements
thereto and all amendments and modifications thereof (if any) made prior
to the
Date of Amendment. All of the right, title and interest of Original Landlord,
as
the lessor under and with respect to the Existing Lease, was assigned and
conveyed by Original Landlord to Landlord prior to the Date of Amendment.
All of
the right, title and interest of Original Tenant, as the lessee under and
with
respect to the Existing Lease, was assigned and conveyed by Original Tenant
to
Tenant prior to the Date of Amendment.
(f) "Existing
Premises" means all of that space on the fourth (4th) floor of the Building
adjoining the Additional Premises leased by Landlord to Tenant pursuant to
the
Existing Lease, as more particularly described in Exhibit A
of the Existing Lease, known as "Suite N-415" and consisting of approximately
3,318 rentable square feet of space.
1
(g) "Expanded
Premises" means, collectively, the Existing Premises and the Additional
Premises. The
Expanded Premises consists, collectively, of approximately 7,781 rentable
square
feet of space.
(h) "Lease"
means the Existing Lease, as amended by this Amendment.
(i) "Original
Landlord" means Pericen Limited Partnership, a Delaware limited
partnership.
(j) "Original
Tenant" means Xxxxxx Group, LLC, a Georgia limited liability
company.
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Section
2.
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Extension
of Original Term of Existing
Lease.
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The
original Term (as expiring on March 31, 2009) is hereby extended through
11:59
p.m., local time, on October 31, 2011. That portion of the original Term,
as so
further extended, commencing on April 1, 2009 and ending on October 31, 2011
is
hereinafter sometimes called the "Extended Term." That portion of the original
Term occurring prior to April 1, 2009 is hereinafter sometimes referred to
as
the "Initial Term." From and after the Date of Amendment, the Term shall
be
deemed to be comprised of the Initial Term and the Extended Term, together
with
all renewals or extensions thereof becoming effective subsequent to the Date
of
Amendment pursuant to any amendments to the Lease made subsequent to the
Date of
Amendment between Landlord and Tenant.
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Section
3.
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Leasing
of Additional
Premises.
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Commencing
on the Additional Premises Occupancy Date, Landlord shall lease the Additional
Premises to Tenant, and Tenant shall rent the Additional Premises from Landlord,
all in accordance with the terms and conditions of the Lease. From and after
the
Additional Premises Occupancy Date, the defined term "Premises", as such
defined
term is defined and used in the Lease, shall for all intents and purposes
mean
and refer to the Expanded Premises. For all intents and purposes of the Lease,
as the context shall require, the defined term "Premises", as such defined
term
is defined and used in the Lease with respect to all portions of the Term
occurring prior to the Additional Premises Occupancy Date, shall refer only
to
the Existing Premises.
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Section
4.
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Annual
Basic Rent Payable for
Additional Premises with respect to Portion of Additional
Premises Occupancy
Period Occurring Prior to Extended Term.
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(a) Tenant
shall pay annual Basic Rent to
Landlord for the Additional Premises with respect to that portion of the Additional
Premises
Occupancy Period occurring prior to the Extended Term as
follows:
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Period
of Time During
Additional
Premises
Occupancy
Period
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Annual
Basic Rent
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Annual
Basic Rent Per Rentable Square Foot
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Monthly
Installments of Annual Basic Rent
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Additional
Premises Occupancy Date to March 31, 2007
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$87,028.50
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$19.50
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$7,252.38
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April
1, 2007 to March 31, 2008
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$89,639.36
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$20.09
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$7,469.95
|
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April
1, 2008 to March 31, 2009
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$92,328.54
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$20.69
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$7,694.05
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(b) The
monthly installments of annual
Basic Rent required to be paid by Tenant to Landlord for the Additional Premises
with respect to
that portion of the Additional Premises Occupancy Period occurring prior
to the
Extended Term described in Section 4(a) of this Amendment shall be payable
by
Tenant to Landlord in addition to all of the installments of annual Basic
Rent
required to be paid by Tenant to Landlord (i) with respect to the Existing
Premises pursuant to the Existing Lease and (ii)
with respect to the Expanded Premises
pursuant to Section 5 of this Amendment.
2
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Section
5.
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Annual
Basic Rent Payable for Expanded Premises with respect to Extended
Term.
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(a) Tenant
shall pay annual Basic Rent to
Landlord for the Expanded Premises with respect to the Extended Term as
follows:
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Period
of Time During Extended Term
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Annual
Basic Rent
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Annual
Basic Rent Per Rentable Square Foot
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Monthly
Installments
of
Annual
Basic Rent
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April
1, 2009 to March 31, 2010
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$165,813.11
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$21.31
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$13,817.76
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April
1, 2010 to March 31, 2011
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$170,787.50
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$21.95
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$14,232.91
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April
1, 2011 to October 31, 2011
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$175,911.12
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$22.61
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$14,659.26
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(b) The
monthly installments of annual
Basic Rent required to be paid by Tenant to Landlord for the Expanded Premises
with respect to the
Extended Term described in Section 5(a) of this Amendment shall be payable
by
Tenant to Landlord in addition to all of the monthly installments of annual
Basic Rent required to be paid by Tenant to Landlord with respect to
(i)
the Existing Premises pursuant to the
Existing Lease and (ii) Section 4 of this Amendment for the Additional Premises
with respect to that portion of the Additional Premises Occupancy Period
occurring prior to the Extended Term.
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Section
6.
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Additional
Rent.
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(a) For
purposes of this Amendment, effective as of the Additional Premises Occupancy
Date, "Tenant's Proportionate Share" (as such defined term is defined in
the
Existing Lease) shall be increased to be 1.99%. Notwithstanding the foregoing,
for and with respect to all periods of time during the Term prior to the
Additional Premises Occupancy Date, Tenant's Proportionate Share shall continue
to have the meaning and value assigned to such defined term in the Existing
Lease.
(b) Subject
to the foregoing terms and conditions of Section 6 of this Amendment, all
of the
terms and conditions of the Existing Lease governing the payment of Additional
Rent by Tenant to Landlord for the Existing Premises with respect to the
Initial
Term shall continue to be applicable to (i) the leasing of the Additional
Premises by Landlord to Tenant with respect to that portion of the Additional
Premises Occupancy Period occurring prior to the Extended Term and (ii) the
leasing of the Expanded Premises by Landlord to Tenant with respect to the
Extended Term.
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Section
7.
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Tenant
Improvements.
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(a) For
purposes of this Amendment, "Tenant Improvements" means, collectively, the
alterations and improvements to the Expanded Premises to be constructed and/or
installed by Landlord in accordance with the terms and conditions of Section
7
of this Amendment, as more particularly described in Exhibit B attached
to and hereby made a part of this Amendment.
(b) Landlord
shall use commercially reasonable efforts to Substantially Complete (herein
defined) the Tenant Improvements not later than October 31, 2006. For purposes
of this Amendment, the Tenant Improvements shall be deemed to be "Substantially
Complete" as of the date on which Landlord shall certify in writing to Tenant
that: (i) The Tenant Improvements have been substantially completed in all
material respects and in substantial accordance with the approved plans and
specifications therefor (if any); and (ii) To the extent deemed necessary
by
Landlord, in Landlord's sole and absolute discretion, a temporary or permanent
certificate of occupancy shall have been issued by the governmental authority
having jurisdiction with respect to the Tenant Improvements or the governmental
authority having jurisdiction with respect to the Tenant Improvements shall
have
otherwise evidenced its approval of the Tenant Improvements. In the event
that
Landlord is unable for any reason whatsoever to Substantially Complete the
Tenant Improvements on or before October 31, 2006, then and in such event,
Landlord shall have no liability whatsoever (including, without limitation,
for
any damages that Tenant may suffer) to Tenant in connection therewith or
as a
result thereof and none of the obligations of Tenant to Landlord set forth
in
this Amendment shall be affected thereby; provided, however, that Landlord
shall
use commercially reasonable efforts to Substantially Complete the Tenant
Improvements as soon as reasonably possible thereafter. Landlord shall use
commercially reasonable efforts to complete any portions or aspects of the
Tenant Improvements which shall be incomplete as of the date of Substantial
Completion of the Tenant Improvements as soon as possible thereafter.
Notwithstanding the foregoing terms and conditions of this paragraph, in
the
event that the Tenant Improvements shall not be Substantially Complete on
or
before October 31, 2006 as a result of any default or delay on the part of
Tenant with respect to the obligations of Tenant set forth in the Lease,
then
and in such event, (A) for all intents and purposes of the Lease the Tenant
Improvements shall be deemed to have been Substantially Complete as of the
date
Landlord shall determine, in the sole but reasonable opinion of Landlord,
that
Landlord would have Substantially Completed the Tenant Improvements but for
such
default or delay on the part of Tenant, and (B) not later than ten (10) days
after written demand shall be made therefor by Landlord of Tenant, Tenant
shall
reimburse Landlord for all additional costs and/or expenses (if any) that
Landlord shall incur as a result thereof in connection with the construction
and/or installation of the Tenant Improvements.
3
(c) The
Tenant Improvements shall be constructed and/or installed by Landlord using
contractors (and subcontractors, if deemed necessary by Landlord) selected
by
Landlord, at Landlord's discretion, and having experience in connection with
the
construction and/or installation of alterations and improvements similar
in
nature to the Tenant Improvements. Landlord shall have the right, at Landlord's
option, to employ a construction management supervisor to supervise the
construction and/or installation of the Tenant Improvements. Any such
construction management supervisor employed by Landlord may be an affiliate
of
Landlord. The costs and expenses incurred by Landlord in connection with
the
employment by Landlord of any construction management supervisor shall be
a Cost
of Tenant Improvements (herein defined) and, at the option of Landlord, may
be
deducted by Landlord from the amount of the Tenant Improvements Allowance
(herein defined); provided, however, Landlord shall not include as a part
of
Cost of Tenant Improvements that portion, if any, of any such construction
management supervision fees and expenses incurred by Landlord as shall exceed
that amount equal to the product of (i) 0.03 and (ii) all costs and expenses
includable as part of the Cost of Tenant Improvements other than such
construction management supervision fees and expenses. The Tenant Improvements
shall be completed by Landlord in a good and workmanlike manner, in accordance
with all applicable federal, state and local laws, ordinances, codes, rules,
regulations and orders, and, if and as applicable, in accordance with any
plans
and specifications therefor that have been approved by Landlord and
Tenant.
(d) For
purposes of this Amendment, "Cost of Tenant Improvements" means the following
costs and expenses, as and if incurred by Landlord in connection with the
construction and/or installation of the Tenant Improvements: (i) all hard
or
direct costs; (ii) all costs of architectural, engineering and planning
services; (iii) all costs of building permits and other governmental approvals;
(iv) all costs of labor, machinery and equipment; (v) all costs of any
construction management services; (vi) all costs of demolition; and (vii)
all
other soft or indirect costs. For purposes of this Amendment. "Tenant
Improvements Allowance" means the sum of $98,186.00. Subject to the succeeding
terms and conditions of Section 7(d) of this Amendment, all of the costs
and
expenses incurred by Landlord in connection with the construction and/or
installation of the Tenant Improvements shall be paid by Landlord; provided,
however, and not later than ten (10) days after written demand shall be made
therefor by Landlord of Tenant, Tenant shall reimburse Landlord for that
portion
of the actual, final Cost of Tenant Improvements as shall exceed the amount
of
the Tenant Improvements Allowance. Any request for reimbursement made by
Landlord of Tenant pursuant to the preceding terms and conditions of this
paragraph shall be in writing and shall be accompanied by copies of invoices
or
other evidence reasonably satisfactory to Tenant showing Landlord to have
incurred the costs and expenses in question. All determinations regarding
the
actual, final Cost of Tenant Improvements shall be made by Landlord, in
Landlord's sole and absolute discretion, and shall be binding upon Landlord
and
Tenant absent manifest error.
(e) Except
to the extent, if any, set forth elsewhere in this Amendment, Tenant hereby
acknowledges and agrees that: (i) Landlord has made no representations or
warranties whatsoever to Tenant with respect to the Additional Premises,
the
condition of the Additional Premises, or the suitability for use by Tenant
of
the Additional Premises in connection with the business operations of Tenant;
and (ii) Landlord has no obligation to Tenant whatsoever, pursuant to this
Amendment or otherwise, with respect to the obtaining or maintaining during
the
Additional Premises Occupancy Period of any governmental approvals, consents,
licenses, permits or certificates (collectively, the "Governmental
Authorizations"), that Tenant shall deem necessary or desirable in connection
with the use and occupancy of the Additional Premises by Tenant pursuant
to this
Amendment and that any and all such Governmental Authorizations that Tenant
shall deem necessary or desirable in such regard are to be obtained by Tenant
at
Tenant's sole cost and expense. Furthermore, subject to the completion of
the
Tenant Improvements, Tenant hereby acknowledges and agrees that (A) the
Additional Premises are being leased by Landlord to Tenant in their "as is,
where is and with all defects" condition as of the Additional Premises Occupancy
Date, and (B) Landlord shall have no obligation whatsoever, pursuant to this
Amendment or otherwise, to make any alterations or improvements to or with
respect to the Additional Premises. In furtherance of the foregoing, Tenant
hereby acknowledges that Tenant has on or before the Date of Amendment been
afforded a full and complete opportunity to inspect the Additional Premises
in
all respects and that, subject to the completion of the Tenant Improvements,
Tenant is satisfied in all respects with the condition of the Additional
Premises and has observed no dangerous or defective conditions at the Additional
Premises.
4
(f) For
purposes of this Amendment, "Tenant Improvements Construction Period" means
that
period of time
commencing on the Date of Amendment and ending on the date as of which Landlord
shall deem the Tenant Improvements to be complete in all respects. Tenant
hereby
acknowledges that Landlord and the agents, employees and contractors of Landlord
may need to enter upon the Existing Premises during the Tenant Improvements
Construction Period in connection with the construction and or installation
of
the Tenant Improvements. Accordingly, Tenant hereby agrees that Landlord
and the
agents, employees and contractors of Landlord shall have the right to enter
upon
the Existing Premises at any and all times during the Tenant Improvements
Construction Period (including, without limitation, on weekends and hours
other
than the normal business hours of Tenant) for the purpose of constructing
and/or
installing the Tenant Improvements. Tenant shall cooperate, fully and in
all
reasonable respects, at Tenant's sole cost and expense, with Landlord and
the
agents, employees and contractors of Landlord so as to facilitate the timely
and
proper completion by Landlord of the Tenant Improvements in accordance with
the
terms and conditions of this Amendment. In furtherance of the foregoing,
Tenant
also agrees that upon request made at any time by Landlord or any of the
agents,
employees or contractors of Landlord in connection with the construction
and/or
installation of the Tenant Improvements, Tenant shall move, remove or relocate,
or cause to be moved, removed or relocated, to, from or within the Existing
Premises, at Tenant's sole cost and expense, any and all machinery, equipment,
furniture, furnishings, inventory or personal property of Tenant then in,
on or
about the Existing Premises that Landlord or any of the agents, employees
or
contractors of Landlord may request be so moved, removed or relocated in
order
to facilitate the timely and proper completion of the Tenant
Improvements.
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Section
8.
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Additional
Security Deposit
Monies.
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Effective
as of the Date of Amendment the amount of the Security Deposit required to
be
maintained by Tenant with Landlord pursuant to the Lease shall be increased
from
$4,700.50 to $11,952.88. Landlord hereby represents and warrants to Tenant
that
as of the day before the Date of Amendment Landlord held monies comprising
the
Security Deposit in the amount of S4,700.50. Not later than the Date of
Amendment, Tenant shall deliver to Landlord the sum of $7,252.88 as additional
monies contemplated to be maintained by Landlord as part of the Security
Deposit.
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Section
9.
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Amendment
to Exhibit G of Existing
Lease.
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Effective
as of the Additional Premises Occupancy Date, the reference in Exhibit G
of the
Existing Lease (entitled "Parking") to "nine (9) unreserved parking spaces"
shall be increased so as to refer instead to "twenty-two (22) unreserved
parking
spaces".
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Section
10.
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Inapplicability
to Additional
Premises Occupancy Period and Extended Term of Certain
Terms and Conditions
of the Existing
Lease.
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The
following terms and conditions of the Existing Lease shall be inapplicable
to
the Additional Premises Occupancy Period and the Extended Term; provided,
however, that such terms and conditions shall remain applicable, as the context
shall require, to the all periods of time during the Term of the Lease occurring
prior to the Additional Premises Occupancy Period:
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(a)
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Section
25(d) of the Existing Lease (entitled
"Brokerage");
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(b)
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Exhibit
D of the Existing Lease (entitled "Tenant Finish-Work: As Is");
and
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(c)
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Exhibit
H of the Existing Lease (entitled "Rent Abatement
Provisions").
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5
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Section
11.
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Representations
and Warranties of
Tenant.
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Tenant
hereby represents and warrants to Landlord that on and as of the Date of
Amendment: (a) Tenant is a corporation duly formed and validly existing,
in good
standing, under the laws of the State of Maryland; (b) The officer of Tenant
executing and delivering this Amendment on behalf of Tenant is authorized
to
execute and deliver this Amendment on behalf of Tenant, and when so executed
and
delivered by such officer, this Amendment shall be binding upon and enforceable
against Tenant in all respects; (c) Tenant is not in default with respect
to any
of the agreements, covenants and obligations of Tenant set forth in the Existing
Lease; and (d) Landlord is not in default with respect to any of the agreements,
covenants and obligations of Landlord set forth in the Existing
Lease.
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Section
12.
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Brokers.
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Each
of
Landlord and Tenant hereby represents and warrants to the other that it has
dealt with no real estate agents or brokers in connection with the negotiation,
execution and delivery of this Amendment other than Lincoln Property Company
Commercial, Inc. ("Landlord's Broker") and that no brokerage fees or commissions
are payable to any real estate agent or broker in connection with the
negotiation, execution and delivery of this Amendment other than to Landlord's
Broker. Each of Landlord and Tenant shall indemnify, defend, protect and
hold
the other harmless from and against any and all losses, liabilities, damages,
claims, costs and/or expenses (including, without limitation, reasonable
attorneys' fees) that the other may incur or suffer, or which may be asserted
against the other, in connection with, or in any way relating to, the inaccuracy
of any representation or warranty made by it in this paragraph. Landlord
shall
pay all brokerage fees and/or commissions due and payable to Landlord's Broker
in connection with the negotiation, execution and delivery of this Amendment
pursuant to a separate written agreement entered into prior to the Date of
Amendment between Landlord and Landlord's Broker.
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Section
13.
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Address
of Landlord.
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Notwithstanding
anything to the contrary set forth elsewhere in the Existing Lease, for purposes
of all notices, requests, approvals, waivers or other communications given
or
required to be given to Landlord under and with respect to the Lease, the
address of Landlord shall from and after the Date of Amendment be c/o Colony
Realty Partners, LLC, Xxx Xxxxxxxxxxxxx Xxxxx, Xxxxx 0000, Xxxxxx, Xxxxxxxxxxxxx
00000, marked to the attention of Xx. Xxxxxxx X. Xxxxxx, Vice President.
A copy
of all such notices, requests, approvals, waivers and other communications
shall
also be sent to counsel to Landlord, Xxxxxx X. Xxxxx, Esquire, Winston &
Xxxxxx LLP, 0000 X Xxxxxx, X.X., Xxxxxxxxxx, X.X. 00000.
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Section
14.
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Address
for Rent
Payments.
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Effective
as of the Date of Amendment and notwithstanding anything to the contrary
set
forth in the Existing Lease, all rental payments and other charges payable
by
Tenant to Landlord in accordance with the terms and conditions of the Lease
shall be payable by Tenant to Landlord until further notice either by regular
mail or overnight courier service promising delivery on the next business
day,
c/o CRP Holdings V, L.P. — 1117 Perimeter Center West — Lockbox , XX Xxxxxx
Lockbox Processing, Lockbox No. 533140, 000 Xxxxxxxx Xxxxxxxxx, Xxxxxxx,
Xxxxxxx
00000.
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Section
15.
|
Miscellaneous.
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Except
as
and only to the extent explicitly modified by the terms and provisions of
this
Amendment, all of the terms and provisions of the Existing Lease are ratified
and confirmed in all respects, remain in full force and effect, and shall
be
applicable to the Extended Term. In the event that any of the terms, conditions
or provisions of this Amendment shall conflict with any of the terms, conditions
or provisions of the Existing Lease, then and in any such event, the terms,
conditions and provisions of this Amendment shall be controlling. This Amendment
contains the entire understanding of the parties to this Amendment with respect
to the subject matters covered in this Amendment and no prior agreements
or
understandings between the parties to this Amendment, or in any way relating
to
the subject matter covered in this Amendment, shall be effective after the
execution of this Amendment, whether or not such agreements or understandings
are similar, broader in scope, more narrow in scope or in any other way
different from the terms and conditions of this Amendment. This Amendment
may be
modified only by a written instrument signed by the parties to this Amendment.
The furnishing to Tenant of the form of this Amendment shall not
constitute an offer by Landlord and this Amendment shall become effective
in
accordance with its terms upon and only upon its execution by and delivery
by
the parties to this Amendment. The recitals set forth at the beginning of
this
Amendment shall be deemed to be a part of this Amendment. The headings set
forth
at the beginning of each of the sections of this Amendment are inserted for
convenience of reference only and shall not be deemed to have any legal
significance or meaning whatsoever. This Amendment and the terms and provisions
hereof shall be governed by and construed in accordance with the laws of
the
State of Georgia. This Amendment may be executed in counterparts, each of
which
shall be deemed to be an original of this Amendment, but all of which, together,
shall constitute one and the same instrument. This Amendment shall be binding
upon and inure to the benefit of the parties hereto and their respective
successors and permitted assigns. Notwithstanding anything to the contrary
set
forth elsewhere in this Amendment, this Amendment shall be deemed to be
effective as of the Date of Amendment even or though either or both of the
parties to this Amendment may execute and/or deliver this Amendment on a
later
or different date.
6
IN
WITNESS WHEREOF, Landlord and Tenant have executed and delivered this Amendment
under seal as of the Date of Amendment.
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LANDLORD:
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|||||
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WITNESS:
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CRP
HOLDINGS V, L.P.,
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||||
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a
Delaware limited partnership
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|||||
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By:
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CRP
HOLDINGS GP-V, LLC,
a
Delaware limited liability company, its General
Partner
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|||||
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/s/
Xxxxxxxx B
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By:
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/s/
Xxxxxxx X. Xxxxxx
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(SEAL)
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||
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Xxxxxxx
X. Xxxxxx, Vice President
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|||||
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Date
of Execution: August 31, 2006
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|||||
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TENANT:
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|||||
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WITNESS/ATTEST:
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CHARYS
HOLDING COMPANY
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||||
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Illegible
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By: |
/s/
Xxxxxxx X. Xxxxx
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(SEAL)
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||
| Xxxxxxx X. Xxxxx, Chief Financial Officer | |||||
| Date of Execution: August 30, 2006 | |||||
7
EXHIBIT
A
DRAWING
SHOWING THE ADDITIONAL PREMISES
A-1
EXHIBIT
B
DESCRIPTION
OF TENANT IMPROVEMENTS
The
Tenant Improvements shall consist solely of the alterations and improvements
to
the Expanded Premises that are more particularly described on Exhibit X-x
attached to and hereby made a part of this Exhibit
B.
B-1
EXHIBIT
B-1
PLANS
OR DRAWINGS FURTHER DESCRIBING
THE
TENANT IMPROVEMENTS
B-2
EXHIBIT
X-x
PLANS
OR DRAWINGS FURTHER DESCRIBING
THE
TENANT IMPROVEMENTS
B-3
Lease
Commencement/Acceptance of Premises
|
November
21, 2006
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Charys
Holding Company
0000
Xxxxxxxxx Xxxxxx Xxxx
Xxxxx
X000
Xxxxxxx,
XX 00000
RE: First
Amendment to Lease Agreement, dated August 30, 2006, between CRP Holdings
V,
L.P., a Delaware limited partnership, ("Landlord"), and Charys Holding Company,
a Delaware corporation ("Tenant") concerning premises located at 0000
Xxxxxxxxx Xxxxxx Xxxx, Xxxxx X-000, Xxxxxxx, Xxxxxxx
00000.
In
accordance with the referenced Lease Agreement (the "Lease"), we request
that
you and/or the proper authority, please confirm the
following:
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1.
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The
commencement date of November 16, 2006 for a term of 60 months
ending on
October 31, 2011.
|
|
2.
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Tenant
acknowledges and agreed that as of November 15, 2006 (i) the Improvements
to the Premises have been substantially completed; (ii) and that
as of the
date of this letter the Landlord has fulfilled all of its obligations
to
complete Tenant Improvements at the Premises, and that the Tenant
has
accepted the Premises inits current
condition.
|
|
3.
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Rent
checks should continue to be made payable to CRP Holdings V. L.P.,
at 0000 Xxxxxxxxx Xxxxxx Xxxx, X.X. Xxx 000000, Xxxxxxx, XX
00000-0000.
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4.
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The
approximate number of rentable square feet within the expansion
Premises
is 4,463.
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5.
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Tenant's
Proportionate Share is calculated based upon the number of rentable
square
feet within the Premises (existing and expansion space), which
is 1.99% of
building related expenses.
|
Please
confirm your agreement with the aforementioned terms by signing below and
returning a copy to Lincoln Property Company for our lease.
Again,
thank you for your tenancy, and we look forward to a long and harmonious
relationship!
Sincerely,
|
Lincoln
Property Company
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AGREED
TO & ACCEPTED BY:
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|
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/s/
Xxxxxxx X. Xxxxx
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||
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By
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||
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/s/
Xxxxxxx Xxxxxx
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Its:
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Chief
Financial Officer
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|
Xxxxxxx
Xxxxxx
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Date:
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11/30/2006
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