Preview | Industrial Space Lease Agreement |


Lease Date		May 31, 2001

Landlord		Oakmont Industrial Group I, L.P., a Georgia limited partnership

Tenant		Garden Fresh Restaurant Corp., a Delaware corporation

Building Address		1325 Chastain Road, Kennesaw, Georgia 30144

Premises		Approximately 32,040 square feet of Rentable Area located in the Building

Permitted Use		Office, Warehouse and Food and Product Distribution

Lease Term		Eighty-Four (84) Months

Commencement Date		July 1, 2001

Expiration Date		June 30, 2008

Rentable Area of Building		241,100 square feet

Rentable Area of Premises		32,040 square feet

Tenants Percentage Share		13.29 percent

Base Rental (per annum per sq. ft. of Rentable Area of Premises)		$3.50 for the first year of the Lease Term with annual increases effective as of each anniversary of the Commencement Date in an amount equal to the lesser of: (i) three percent (3%) or (ii) two hundred percent (200%) of the increase in the Price Index, as defined in Exhibit E, occurring during the preceding year of the Lease Term (See Special Stipulation #1 of Exhibit E).

Security Deposit		$18,690

Landlords Address		For Notices:

		OAKMONT INDUSTRIAL GROUP I, L.P.
		Suite 365
		3520 Piedmont Road
		Atlanta, Georgia 30305
		Attn: Stephen L. Nelsen

Tenants Address		Prior to and following Rental commencement date:

		17180 Bernardo Center Drive
		San Diego, California 92128
		ATTN: Kathleen E. Salerno

PARAGRAPHS		PAGE
1.	Definitions
2.	Term; Completion of Improvements
3.	Rental
4.	Use
5.	Services
6.	Personal Property Taxes
7.	Alterations
8.	Liens
9.	Repairs
10.	Destruction or Damage
11.	Insurance
12.	Release and Subrogation
13.	Tenants Personal Property
14.	Indemnification
15.	Compliance with Legal Requirements
16.	Assignment and Subletting
17.	Signs
18.	Rules
19.	Entry by Landlord
20.	Environmental Matters
21.	Landlords Lien
22.	Events of Defaults
23.	Remedies
24.	Landlords Right to Cure Defaults
25.	Attorneys Fees
26.	Landlords Default
27.	Eminent Domain
28.	Subordination
29.	No Merger
30.	Sale
31.	Estoppel Certificate
32.	No Light, Air or View Easement
33.	Holding Over
34.	Abandonment
35.	Security Deposit
36.	Waiver
37.	Notices
38.	Complete Agreement
39.	Corporate Authority
40.	Landlord Liability
41.	Quiet Enjoyment
42.	Force Majeure
43.	Certain Rights Reserved to Landlord
44.	Bankruptcy Matters
45.	Americans With Disabilities Act
46.	Miscellaneous
47.	Broker Representation
48.	Financial Reports
49.	Exhibits; Additional Provisions

1.	Definitions	For the purposes of this Lease and in addition to the terms defined elsewhere in this Lease, the following defined terms shall have the meanings ascribed thereto in this Paragraph 1:

		1.01 Additional Rental shall mean the sums payable pursuant to subparagraph 3.01(b) of this Lease.

		1.02 Base Rental shall mean the sums payable pursuant to subparagraph 3.01 (a) of this Lease.

		1.03 Intentionally Omitted.

		1.04 Building shall mean the land and other real property located at the address set forth in the Basic Lease Information, the building constructed thereon, and all other improvements on or appurtenances to said real property.

		1.05 Common Area shall mean those areas and parts of the Building intended for the common use and/or benefit of all occupants of the Building, including among other facilities, shared use stairs, common corridors, common restrooms, parking areas (excluding, however, any reserved or designated parking areas), shared use sidewalks, shared use driveways, shared use service areas, shared use trash dumpsters, common loading areas, and landscaped areas, as such areas exist from time to time.

		1.06 Default Rate shall mean a rate per annum equal to the lesser of (i) the Prime Rate plus three (3) percentage points or (ii) the highest rate of interest permitted by law.

		1.07 Insurance Expenses shall mean all costs and expenses incurred by Landlord for all hazard, public-liability, and property damage insurance attributable to Building procured by Landlord in its sole and reasonable discretion.

		1.08 Premises shall mean the portion of the Building which is highlighted or cross-hatched on the floor plan(s) attached hereto as Exhibit A and by this reference made a part hereof.

		1.09 Prime Rate shall mean the prime rate or its equivalent announced and in effect from time to time by the Atlanta office of the Bank of America or its successor.

		1.10 Rentable Area of the Premises and of the Building is stipulated by Landlord and Tenant to be the respective number of square feet set forth for each in the Basic Lease Information.

1.11 Real Estate Taxes shall mean all real estate taxes and assessments levied against, in respect to, or attributable to the Building or any other tax levied against Landlord as a substitution for, or in lieu of, any tax which would otherwise constitute a real estate tax or a specific tax on rentals from the Building, plus the cost of real estate tax consultants hired by Landlord in an effort to reduce the tax or assessment on which any tax provided for in this paragraph is based, plus the cost, including attorneys and appraisers fees, of any negotiation, contest, or appeal pursued by Landlord in an effort to reduce the tax or assessment on which any tax provided for in this Paragraph is based. Notwithstanding the foregoing, Landlord acknowledges and agrees that Tenants liability for the payment of the tax consultants fees shall be limited to the following: Tenant shall reimburse Landlord for up to $500.00 per year for the subject tax consultants base fee and shall reimburse Landlord for the percentage fee earned by the subject tax consultants based on the realized tax savings. Furthermore, Landlord acknowledges and agree that in the event Landlord is dissatisfied with the results of the initial contesting of the subject taxes by the tax consultants, and Landlord desires to further pursue the contesting thereof through legal action, then, in such event, Tenant shall only be responsible for the costs of the appeal thereof in the event Tenant consents to the appeal thereof, such consent not to be unreasonably withheld or delayed.

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Tenants Broker	CB Richard Ellis

Exhibits	EXHIBIT A:	Floor Plan(s)

	EXHIBIT B:	Memorandum of Commencement of Rental

	EXHIBIT C:	Rules and Regulations

	EXHIBIT D:	Subordination, Non-Disturbance and Attornment Agreement

	EXHIBIT E	Additional Provisions

	EXHIBIT F	Work Agreement

	EXHIBIT G	Form Landlord Lien Subordination

Landlords Contribution	Not Applicable

LANDLORD: OAKMONT INDUSTRIAL GROUP I, L.P., a Georgia limited partnership

By:	Oakmont Industrial Group, LLC, a Georgia limited liability company, its general partner

	By:	/s/ [ILLEGIBLE]
	Its:	Exec. VP

	[SEAL]

TENANT:

GARDEN FRESH RESTAURANT CORP., a Delaware corporation

By:		/s/ [ILLEGIBLE]

Its:		CEO President

Attest:

By:		/s/ [ILLEGIBLE]

Its:		CFO Secretary

		[CORPORATE SEAL]