THIRD AMENDMENT TO LEASE
Exhibit 10.4
THIRD AMENDMENT TO LEASE
THIS THIRD AMENDMENT TO LEASE AGREEMENT (this “Amendment”) is made effective as of this
24th day of March, 2006, between HOME DEPOT U.S.A., INC., a Delaware corporation
(“Landlord”), as successor and assigns to CUMBERLAND OFFICE PARK, LLC and XXXXX.XXX, a Georgia
corporation (“Tenant”).
WITNESSETH
Whereas, Xxxxxxxx Properties Acquisition Partners, L.P., as the initial landlord and tenant
entered into that certain Lease agreement dated June 30,1999, as amended by that certain First
Amendment to the lease dated as of August 18, 1999 (the “First Amendment”), with respect to that
certain “premises” (as defined in Section 1.1A of the Lease, as amended by the First Amendment)
composed of approximately 4,645 rentable square feet on the second (2nd) floor of the
building commonly known as Xxxxxxxxxx Xxxxxx Xxxx, 0000 Xxxxxxxxxx Xxxxxxx, Xxxxxxx, Xxxxxxx (the
“Building”); and
Whereas, Cumberland Office Park, LLC became the successor-in-interest to all of the right,
title and interest of the landlord or “lessor” under the Lease and entered into a Second Amendment
dated as of April 13, 2004 (the “Second Amendment”) (as so amended, the “Lease”), and
Whereas, Landlord is the successor-in-interest to all of the right, title and interest of the
landlord or “lessor” under the Lease: and
Whereas, Landlord and Tenant desire to extend the term and otherwise to amend and nmodify the
Lease as set forth in this Third Amendment.
Now, Therefore, for and in consideration of the sum of ten and No/100 Dollars ($10.00), the
foregoing premises and the respective undertakings of the parties and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowkledged, Landlord and tenant
hereby agree as follows:
1. Defined Terms. Each capitalized term used in this Third Amendment shall have
the meaning ascribed to it in the Lease, unless such otherwise defined in this Third Amendment.
2. Amendments. As of the Effective Date, the Lease is hereby amended as follows:
(a) Extension of Term. The Term of the Lease as to the Retained Space is hereby
extended for thirty-six (36) months, so that the new expiration date thereof shall be October 31,
2009.
(b) Base Monthly Rent. Tenant shall pay as Base Monthly Rent on a Full Service basis
for the Premises in the amount of:
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(i) $15.50 per RSF, from November 1, 2006 through October 31 2007;
(ii) $15.81 per RSF, from November 1, 2007 through October 31, 2008; and
(iii) $16.13 per RSF, from November 1, 2008 through October 31, 2009.
(c) Base Year. During this Extension Term, the “Base Year Operating Costs” shall be
the Operating Costs for calendar year 2006.
(d) Tenant Improvements and Condition of Premises; Disclaimer. Tenant hereby
acknowledges and agrees that it has had sufficient opportunity to inspect the Premises and any
improvements located therein, and the Premises being leased to Tenant in its present “AS IS”
condition, without representation, warranty or covenant from landlord. Landlord shall have no
obligation to construct or install any improvements of any kind or character whatsoever in or to
the Premises or to provide any tenant improvement allowance or other allowance.
(e) Address for Notices. Landlord’s addresses under the Lease are as follows:
Address for Notices: | Home Depot USA, Inc | |||
0000 Xxxxx Xxxxx Xxxx | ||||
Xxxxxxxx X-00 | ||||
Xxxxxxx, XX 00000-0000 | ||||
Attn: Vice President-Real Estate Law | ||||
With a copy in all cases to: | ||||
Home Depot USA, Inc | ||||
0000 Xxxxx Xxxxx Xxxx | ||||
Xxxxxxxx X-00 | ||||
Xxxxxxx, XX 00000-0000 | ||||
Attn: Senior Corporate Counsel/Real Estate | ||||
Address for Rent Payment: | Home Depot USA, Inc. | |||
c/o Pope and Land | ||||
0000 Xxxxxxxxxx Xxxxxxxxx | ||||
Xxxxx 000 | ||||
Xxxxxxx, XX 00000 |
3. Brokers. Landlord and Tenant each represents and warrants to the other that it has
not had any dealings with any realtors, brokers or agents in connection with the negotiation of
this Amendment, except that CTR Partners, LLP represented Tenant in connection with this Amendment
and CB Xxxxxxx Xxxxx represented Landlord in connection with this Amendment (collectively, the
“Brokers”) and each party agrees to hold the other harmless from the failure to pay any realtors,
brokers or agents (other than the Brokers) and from any cost, expense or liability
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for any compensation, commission or changes claimed by any other realtors, brokers or agents (other
than the Brokers) claiming by, through or on behalf of it with respect to this Amendment and/or the
negotiation hereof.
4. Full Force and Effect. Except as expressly amended herein, the Lease is unmodified
and remains in full force and effect.
5. Counterparts. This Amendment may be executed in counterparts, each of which, when
combined, shall constitute one single, binding agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment the day and year first
above written.
TENANT : | ||||||
XXXXX.XXX, INC, a Georgia corporation | ||||||
By: | ebank /s/ Xxxxx X. Xxxxx | |||||
Name: | Xxxxx X. Xxxxx | |||||
Its: | SVP, COI CISO | |||||
Date: | 3/24/06 | |||||
TENANT : | ||||||
HOME DEPOT U.S.A., INC., a Delaware | ||||||
corporation | ||||||
By: | /s/ Xxxx Israel | |||||
Name: | Xxxx Israel | |||||
Its: | Director – Legal | |||||
Date: | 3-27-06 |
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