THIS LEASE, made this ______ day of _____________, 2004 by and between Atlantic Business
Centers hereinafter referred to as Landlord, and ______________________ hereinafter referred to as Tenant.
That in consideration of rent and the covenants and agreements hereinafter contained, the Landlord does
hereby lease to the Tenant and Tenant does hereby rent from the Landlord, the premises in Mecklenburg County,
North Carolina, more particularly described as follows:
Charlotte, North Carolina
Unit __ being approximately _____ square feet
TO HAVE AND TO HOLD said premises, together with all privileges and appurtenances thereunto
belonging to the Tenant and its successors and assigns, for the term and under the conditions hereinafter set forth, to
TERM: The term of this Lease shall be for a period of three year(s) beginning on _____________ and
RENTAL: The Tenant agrees to pay a monthly rental due the first of each month as follows:
$_______ per month for the period beginning _________ and ending __________
Unless otherwise notified in writing by Landlord or his agent, rental payments are to be
made payable and mailed to:
Atlantic Business Centers at 4525 Hedgemore Drive, Charlotte, NC 28209.
LATE CHARGES: A late charge of Fifty Dollars ($50.00) per ten day period will be added to the rent for
rent not received by the 10th day of the month.
LAST MONTH’S RENT: Last month’s rent in the amount of _____________________ ($____)is due
upon signing of the Lease. The upfront payment of the last month’s rent is to serve as a security deposit throughout
the term of the lease and the actual payment of the last month’s rent does not need to be paid at the end of the term
because this payment will be applied to the last month’s rent due provided Tenant is not in default of any of the
terms and conditions of the Lease.
USE OF PREMISES: The leased premises shall be used by the Tenant for warehouse and general office.
The Tenant agrees that it will make no unlawful or offensive use of the demised premises.
USE OF COMMON AREAS Tenant hereby agrees to use the parking lot for cars and/or trucks owned by
the Tenants and their direct employees and customers. Vehicles, which are not being used in business for
transportation on a regular basis, are not permitted to be stored in the parking lot. The Tenant will not encumber nor
obstruct the building containing said premises in any manner and will keep the sidewalks free of rubbish and dirt.
The tenant shall not place, or cause to be placed, anything, to include raw materials, merchandise, or vending
machines, on the sidewalk or exterior of the premises without the prior written consent of the Landlord. Landlord
may terminate this lease at any time during the term of the lease with sixty (60) days written notice to Tenant if
Tenant’s occupancy becomes a nuisance to other Tenant’s because of non-business like behavior, e.g. blocking of
other Tenant’s loading doors or trashing common areas.
USE OF TRASH REMOVAL SERVICE: Tenant agrees not to deposit in trash container items from
other locations. Tenant also agrees to breakdown boxes and compact trash before disposal in dumpster. Under no
circumstances is trash permitted to be placed outside of tenant’s unit. Tenant will be fined $25.00 for each
occurrence of improperly disposed of trash.
STORAGE RESTRICTIONS: Tenant agrees not to store any material, equipment or vehicles on the
outside of the premises.
OPERATION OF MACHINERY: Tenant agrees not to operate any machinery or conduct business in
the premises which may cause excessive vibration, sound, smell, or damage to the premises without prior permission
from the Landlord. Tenant also agrees not to use a loudspeaker, stereo, radio or other audio equipment, which can
be heard, outside the premises or to extend curb service to customers.
EXTERIOR SIGNAGE: Tenant hereby agrees to pay upon lease execution $50.00 for Tenant’s
exterior signage which Landlord will provide. Tenant agrees that no other signage or advertisements be affixed on
any part of the outside or visible to the outside of the premise.
REPAIRS AND MAINTENANCE: The Landlord shall keep the exterior of said building in good
condition and agrees that if the roof or any part of the exterior walls of said building shall become defective at any
time during the said term, that upon notice from the Tenant he will repair and restore the defective part to good
But it is expressly understood and agreed that the Landlord shall not be liable to the Tenant for any
damages it may sustain to its merchandise or equipment in or on the demised premises.
The Tenant, at its own expense, shall maintain and keep the interior of the premises, heating, cooling and
electrical systems, plumbing, all entrance doors, loading doors and locks thereon in as good repair as when the
premises were received by it, ordinary wear and tear excepted; and it shall return the premises at the expiration of
this Lease in good order and condition. No exterior mats are permitted outside of the tenant’s unit.
UTILITIES: The Tenant shall pay all charges for electricity and gas consumed on the premises.
GLASS: The Tenant shall promptly replace any and all broken glass with the original style and color on
the premises at its own cost and expense. The Tenant may maintain and pay for plate glass insurance on said
premises; but in the absence of any such insurance, the Tenant shall remain liable for any damage to the glass
occurring in the demised premises during the term of this Lease or any extension or renewal thereof.
ALTERATIONS: The Tenant shall have the right and privilege to make at its own expense, ordinary
repairs and alterations to the premises hereby demised; provided, however, that no alterations or changes of a
structural nature shall be made without the prior written consent of the Landlord. In the event Tenant installs
security bars on its windows and doors, it must be from an approved Landlord vendor. Upon termination of the
Lease, the Tenant, at the option of the Landlord, shall remove at its own cost and expense all alterations made by it
and restore the premise to its condition at the commencement of the term of this Lease, ordinary wear and tear
FIXTURES: Trade fixtures, such as wall cases and counters, which were installed by the Tenant during
the term of this Lease, shall belong to said Tenant and may be removed by Tenant at the expiration of the Lease;
however, any damages to walls, floors, ceilings, or any other parts of the premises whatsoever, occasioned by the
installation and/or removal of the fixtures, shall be repaired by the Tenant at the Tenant’s expense.
DAMAGE CLAUSE: If the demised premises are partially damaged by fire or other casualty, the
Landlord shall repair the same at his own expense with reasonable dispatch, and if as a result thereof the premises
hereby leased shall be rendered partially or totally unsuitable or unfit for the Tenant’s purpose, use or occupation,
then and in such event the rent herein reserved shall be reduced in proportion to the space not useable or be abated
until said premises have been repaired and restored.
ASSIGNMENT: The Tenant shall not assign this Lease or sublet the premises in whole or in part without
the prior written consent of the Landlord, which consent shall not be unreasonably withheld.
INDEMNIFICATION: The Tenant shall save the Landlord harmless from and against all claims,
damages and causes of action for injury to person or property caused by, resulting from, or arising out of Tenant’s
(or its employees, agents, customers or licensees) use and occupancy of said premises, or the performance of any
work or the making of any repairs to the premises by the Tenant, its agents or employees, except such as shall result
directly from the negligence of the Landlord pursuant to the terms of this Lease.
LIABILITY INSURANCE: Tenant agrees to maintain and to pay for during the term of this Lease and
any extension thereof, the following insurance, with a reputable insurance company licensed to do business in the
State of North Carolina, reasonably acceptable to Landlord, to wit: public liability insurance with limits of no less
than One Million Dollars ($1,000,000.00) combined single limit for bodily injury or property damage, with riders
attached naming the Landlord as one of the insureds. Tenant shall furnish Landlord with sufficient evidence
annually of such insurance coverage. Tenant agrees to indemnify and save harmless Landlord for any loss or
expense sustained by Landlord growing out of personal injury or property damage occurring in and on the leased
premises during the term of this Lease.
INSPECTION: The Tenant shall allow the Landlord and the Landlord’s agent to enter upon the leased
premises or any part thereof at a reasonable time for the purposes of examining and inspecting the same and of
making any repairs or improvements which the Landlord is required to make. Under no circumstances shall Tenant
change locks on the demised premise without prior consent from Landlord. Upon Landlord’s consent, Tenant
agrees to use Landlord’s locksmith. If Tenant should install bars on doors or windows at their own expense, they
must be done by Landlord’s vendor. Tenant also agrees to provide Landlord with any security code for alarm
systems in order to allow Landlord access to the premise for the purpose of inspection or emergencies. The
Landlord or Landlord’s agent may exhibit the premises to prospective tenants at reasonable times and post “For
Rent” signs within 60 days before the termination of this Lease or any extension or renewal thereof.
BANKRUPTCY: In the event Tenant shall be adjudicated a bankruptcy or a temporary or permanent
receiver is appointed by the Tenant in any Federal or State Court, or the Tenant shall otherwise become involved in
insolvency or liquidation proceedings, the Landlord shall have the right, at his option, to immediately declare this
Contract and Lease null and void and resume possession of the property.
DEFAULT: If the Tenant shall neglect to pay any monthly installment of rent including but not limited to
all additional rent when due or shall neglect to perform any other matter or thing herein agreed to be done and
performed by him and shall remain in default thereof for a period of ten (10) days after receiving written notice from
Landlord calling attention to such non-payment or default, the Landlord may then at his option 1), make such
payment or perform such obligation on behalf of the Tenant for which reimbursement for the cost thereof may be
secured from the Tenant as additional rental which shall be due with the next monthly installment of rental
thereafter; 2) or the Landlord may declare this Lease terminated and cancelled and take possession of the demised
premises without prejudice to any other legal remedy it may have on account of such default.
SUBORDINATION: The Tenant agrees hereby that upon request of the Landlord, he will execute from
time to time such instrument or instruments as may be necessary or convenient to subordinate the rights of the
Tenant hereunder to any mortgage, deed of trust or other encumbrance executed by the Landlord.
QUIET POSSESSION: Subject to the terms, covenants and conditions herein contained, the Tenant shall
have peaceable and quiet possession of the demised premises during the term thereof.
BINDING ON HEIRS, ETC.: The covenants and agreements herein contained shall insure to the benefit
of and shall be binding upon the parties hereto and their respective legal representatives, heirs, successors and
When any reference is herein made to the Landlord or to the Tenant, the singular shall include the plural
and the masculine shall include the feminine or the neuter.
It is mutually agreed that this instrument contains and expresses all of the agreements and understandings
of the parties in regard to the subject matter of the agreement, and no implied covenant, agreement, or obligation
shall be read into this agreement or imposed upon the parties or either of them.
IN WITNESS WHEREOF the Landlord and the Tenant have caused this Lease to be duly executed, in
duplicate, the day and year first above written.
Landlord: Atlantic Business Centers V, LLC Tenant: (Seal)