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Lease Agreement

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Title:

Lease Agreement

Entities:

Cousins Properties Inc.; Gabelli Asset Management Inc Et Al

Date:

2006

Size:

131KB total

Price:

$57

ID:

#2533745

► Leasing ► Lease Agreements
► Real Estate

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LEASE AGREEMENT

CONCOURSE

ATLANTA, GEORGIA

LANDLORD:	485 PROPERTIES, LLC

TENANT:	AMERICAN TELECOM SERVICES, INC.

BUILDING:	CORPORATE CENTER VI

SUITE:	1525

SQ. FT.:	2,561

]TERM:	THREE (3) YEARS, THREE (3) MONTHS

TABLE OF CONTENTS

		Page
1.	PREMISES AND TERM	1
2.	RENT	2
3.	OPERATING COSTS	3
4.	DELIVERY OF THE PREMISES	6
5.	ACCEPTANCE OF THE PREMISES	7
6.	USE	7
7.	TENANTS CARE OF THE PREMISES	7
8.	SERVICES	8
9.	DESTRUCTION OR DAMAGE TO PREMISES	11
10.	DEFAULT BY TENANT; LANDLORDS REMEDIES	11
11.	ASSIGNMENT AND SUBLETTING	14
12.	CONDEMNATION	15
13.	INSPECTIONS	16
14.	SUBORDINATION	16
15.	INDEMNIFICATION AND HOLD HARMLESS	16
16.	INSURANCE	17
17.	REMEDIES CUMULATIVE	19
18.	ENTIRE AGREEMENT - NO WAIVER	19
19.	HOLDING OVER	19
20.	HEADINGS	19
21.	NOTICES	19
22.	HEIRS, SUCCESSORS, AND ASSIGNS - PARTIES	20
23.	ATTORNEYS FEES	20
24.	TIME OF ESSENCE	20
25.	NO ESTATE IN LAND	20
26.	SECURITY DEPOSIT	20
27.	COMPLETION OF THE PREMISES	21
28.	PARKING ARRANGEMENTS	21
29.	RULES AND REGULATIONS	21
30.	RIGHT TO RELOCATE	22
31.	LATE PAYMENTS	22
32.	ESTOPPEL CERT1FICATE	22
33.	SEVERABILITY AND INTERPRETATION	23
34.	MULTIPLE TENANTS	23
35.	FORCE MAJEURE	23
36.	QUIET ENJOYMENT	24
37.	BROKERAGE COMMISSION; INDEMNITY	24
38.	EXCULPATION OF LANDLORD	24
39.	ORIGINAL INSTRUMENT	24
40.	GEORGIA LAW	24
41.	NO RECORDAT1ON OF LEASE	24
42.	HAZARDOUS WASTES	25
43.	PATRIOT ACT.	25
44.	LEASE BINDING UPON DELIVERY	25
45.	SPECIAL STIPULATIONS	25

Signature Page

-i-

Signature Page

Exhibit A - Space Plan of Premises

Exhibit B - Description of the Property

Exhibit C - Work Letter

Exhibit D - Acceptance of Premises Form

Exhibit F - Rules arid Regulations

Exhibit F - Special Stipulations

-ii-

DEFINITIONS

Defined Term	Paragraph
ADA	Exhibit C
Additional Electrical Equipment	8(b)(iv)
Allowance	Exhibit C
Architect	Exhibit C
Base Building Improvements	Exhibit C
Building	1(a)
Building Plans and Specifications	Exhibit C
Building Standard Materials	Exhibit C
Change Order	Exhibit C
Change Order Effect Notice	Exhibit C
Commencement Date	1(b)
Completion Date	Exhibit C
Construction Contract	Exhibit C
Contractor	Exhibit C
Expiration Date	1(b)
Force Majeure	35
Initial Operating Costs	3(a)
Landlord	Caption
Lease	Caption
Lease Year	1(c)
Monthly Rental	2(a)
Mortgagee	14(a)
Operating Costs	3(b)
Premises	1(a)

-iii-

Property	1(d) and Exhibit B
Punchlist Items	Exhibit C
Rent	2(c)
Rules	6 and Exhibit E
Shared Service	8(e)
Substantial Completion or Substantially Complete	Exhibit C
Tenant	Caption
Tenant Delay	Exhibit C
Tenant Improvement Construction Documents	Exhibit C
Tenant Improvement Costs	Exhibit C
Tenant Improvements	Exhibit C
Tenant Space Plans	Exhibit C
Tenants Share	3(c)
Tenants Work	Exhibit C
Term	1(b)
Total Building Rentable Area	1(a)
Working Day	Exhibit C

-iv-

LEASE AGREEMENT

CONCOURSE

THIS LEASE AGREEMENT (this Lease), made this 21st day of December, 2005, by and between 485 PROPERTIES, LLC (Landlord), a Delaware limited liability company, which has as its address for all purposes hereunder as follows:

485 Properties, LLC

c/o Cousins Properties Services LP

Five Concourse Parkway

Suite 1200

Atlanta, Georgia 30328-6111

and AMERICAN TELECOM SERVICES, INC. (Tenant), a Delaware corporation, which has as its address prior to the Commencement Date:

400 Perimeter Center Terrace, Suite 900

Atlanta, Georgia 30046

and after the Commencement Date:

Six Concourse Parkway, Suite 1525

Atlanta, Georgia 30328

Attn: Director of Real Estate

WITNESSETH:

1.	PREMISES AND TERM

(a) Landlord hereby rents and leases to Tenant, and Tenant hereby rents and leases from Landlord, the following described space (the Premises):

Floor: 15^th

Suite: 1525

Rentable Square Feet: 2,561

Usable Square Feet: 2,208

located at the herein called Building:

Building: Corporate Center VI

Address: Six Concourse Parkway

Fulton County, Georgia

Total Building Rentable Area: 697,400

(b) The Premises are more particularly shown and outlined on the space plans attached hereto as Exhibit A, and made a part hereof. The term of this Lease (the Term) shall commence on the earlier to occur of (i) the date the Tenant Improvements have been Substantially Complete or the date the Tenant Improvements would have been Substantially

Complete in the absence of Tenant Delay, or (ii) the date Tenant occupies the Premises or any portion thereof for the purpose of conducting business therefrom (the earlier to occur of (i) or (ii) being hereinafter referred to as the Commencement Date), and shall end at midnight on the last day the thirty-ninth (39) full calendar month following the Commencement Date (the Expiration Date), unless sooner terminated as herein provided. This Lease shall be effective and enforceable upon its execution and delivery, whether such execution and delivery occurs on, prior to, or after the Commencement Date. Landlord currently estimates that the Commencement Date will occur on January 1, 2006, subject to the provisions of Paragraph 4 below and to confirmation by delivery of an Acceptance of Premises agreement as described in Paragraph 5 below.

(c) Lease Year as used herein shall mean (i) each and every twelve (12) month period during the Term, or (ii) in the event of Lease expiration or termination, the period between the last twelve (12) calendar month period and said expiration or termination; provided, however, that the first Lease Year shall commence on the Commencement Date and expire on the last day of the twelfth (12`1) full calendar month following the Commencement Date.

(d) The Building and the land upon which said Building is located (which includes certain parking facilities serving the Building), more particularly described on Exhibit B, attached hereto and by this reference incorporated herein, is herein referred to as the Property.

(e) The Premises shall include the appurtenant right to use, in common with others, public lobbies, entrances, stairs, corridors, elevators, and other public portions of the Building and of the office park commonly known as Concourse. All the windows and outside walls of the Premises, and any space in the Premises used for shafts, pipes, conduits, ducts, telephone ducts and equipment, electric or other utilities, sinks or other Building facilities, and the use thereof and access thereto through the Premises for the purposes of operation, maintenance, inspection, display and repairs are hereby reserved to Landlord. No easement for light, air or view is granted or implied hereunder, and the reduction or elimination of Tenants light, air or view will not affect this Lease.

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