State Court of Fulton County
`**E-FILED**
`19DD000100
`8/1/2019 8:23 PM
`LeNora Ponzo, Clerk
`Civil Division
`
`IN THE STATE COURT OF FULTON COUNTY
`STATE OF GEORGIA
`
`) )
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`) )
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`PROCEEDING AGAINST TENANT
`) HOLDING OVER
`CASE NO: 19DD000100
`
`g
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`g
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`3445 PT BUCKHEAD LLC,
`
`Plaintiff,
`
`v.
`
`INFORM, INC,
`
`Defendant.
`
`CONSENT ORDER
`IT APPEARING TO THE COURT that Plaintiff3445 PT BUCKHEAD LLC and Defendant
`INFORM, INC. are parties to that certain commercial office lease dated July 3, 2013 (the “Qfifl
`ngsj’), as amended by the First Amendment t0 Office Lease dated September 30, 201 4 (the “E151
`
`Amendment”), the Second Amendment to Office Lease dated April 24, 20} 5 (the “m
`Amendment”), and the Third Amendment to Ofiice Lease dated November 18, 2016 (the “M
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`Amendment”; the Office Lease, First Amendment, Second Amendment and Third Amendment are
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`collectively referred t0 herein as the “L_ea_§§") whereby Plaintiffleases to Defendant certain premises
`commonly known as Suite 1000 ofthe building located at 3445 Peachtree Road NE, Atlanta, Georgia
`30326 (the “Premises”), for a term that commenced on or about October 1, 2013, and that is
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`scheduled to expire on November 30, 2020 (the “Te_m)“);
`IT FURTHER APPEARING TO THE COURT that a dispute arose between Plaintiff and
`Defendant, which dispute resulted in Plaintiff fiiing this Proceeding Against Tenant Holding Over
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`against Defendant (the “Disgossessog Proceeding”);
`IT FURTHER APPEARING TO THE COURT that Defendant was personally served with
`process in this Dispossessory Proceeding, as shown in the Affidavit ofService verifying same filed in
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`this action on July 16, 2019, and that Defendant timely filed an Answer on July I9, 2019;
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`IT FURTHER APPEARING TO THE COURT that all statutow prerequisites t0 the filing 0f
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`this Dispossessory Proceeding have been met 01‘ waived by the parties;
`IT FURTHER APPEARING TO THE COURT that Plaintiffand Defendant have agreed and
`consented, and do hereby mutuaHy agree and consent, to compromise, settle and resolve all claims
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`and matters in controversy between them raised 0r which could have been raised in this Dispossessory
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`Proceeding, whether by claim 0r counterclaim, in accordance with the terms and conditions set forth
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`herein, and that ail such Claims, counterclaim and matters in controversy and issues may be decided
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`by the ently 0fthis Consent Order and by this Court sitting without a jury, the parties hereto having
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`expressly waived the right t0 a trial by jury by the execution of this Consent Order;
`IT IS THEREFORE ORDERED as follows:
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`14
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`Provided no Uncured Default, defined below, by Defendant occurs hereunder, Defendant’s
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`right t0 possession 0f the Premises is hereby reinstated as 0f the date 0f this Consent Order, and
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`Defendant may remain in possession 0fthe Premises pursuant t0 the terms 0f the Lease and this
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`Consent Order.
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`2.
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`As 0fthe date hereof, Defendant is indebted to Plaintiff for past—due rent and other charges
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`that have accrued under the Lease in the aggregate amount 0f One Hundred Eighty-three
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`Thousand, Eighty-six and 23/] 00 Dollars ($1 83,086.23) (the "Rental An‘earage"). which amount is
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`comprised 0f the following:
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`0
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`$155,532.45” which amount is comprised ofBase Rent due under the Lease for the
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`months OfMarch 2019 through July 2019 in the aggregate amount 0f$156,888.55
`(caiculated at the rate 0f $313777} per month), less a credit for the 2018
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`“2-
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`

`0
`
`0
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`o
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`0
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`0
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`o
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`reconciliation ofoperating expenses applied to Defendant’s account in the amount of
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`$1 ,3 56. 10;
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`$5,861.55, for Tenant’s Proponionate Share 0f Operating Expenses due under the
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`Lease for the months of March 2019 through July 2019, calculated at the rate of
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`$1,172,31 per month;
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`$617.63, for unpaid electricity charges due under the Lease through May 201 9;
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`$12,881.34, for late charges due under the Lease, which is comprised oflate charges
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`accrued through April 201 9 in the amount of $7,999.57 and late charges 0n unpaid
`rent due for the months ofMay 201 9 through July 201 9 in the amount 0f$ 4,881 .77
`(the “Mav-June 2019 Late Charges”);
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`$4,155.84, for interest accruing on unpaid amounts due under the Lease at the rate 0f
`10.5% per annum pursuant t0 Section I26) 0f the Lease, Which is comprised 0f
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`interest in the amount 0f$3,2 1 9.84 that had accrued as oflhe date 0fthe filing ofthis
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`Dispossessory Proceeding as stated in the Dispossessow Proceeding and interest in
`the amount 0f $936.00 that has accrued fiom such filing through July 29, 201 9;
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`$2,147.42, for Plaintiff‘s reasonable attorneys‘ fees, calculated in accordance with the
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`Lease and Georgia law, as stated in the Dispossessmy Proceeding; and
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`$1,890.00 for additional reasonable attorneys’ fees incurred by Plaintiff since the
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`Dispossessory Proceeding was filed, calculated in accordance with the Lease and
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`Georgia law.
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`3.
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`1n consideration ofthe agreements and mutuai promises contained herein, Defendant shall pay
`to Plaintiffthe sum OfOne Hundred Seventy Thousand Eleven and 22/100 Doliars (3170,01 1.22)
`-3-
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`(the “Settlement Funds"), which amount represents the Rental} Arrearage less the May-June 2019
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`Late Charges and the interest and attorneys’ fees, in equal monthly payments 0f Thirty-four
`Thousand, Two and 24/100 Dollars ($34,002.24) (each, an “Instalhnent Payment,” coElectively, the
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`“Installment Payments”) payable over a period 0f five (5) consecutive months commencing with the
`month 0f August 2019 (the “Payment Period”), due 0n 01‘ before the fifteenth (15m) day of each
`month during thc Payment Period, with the first Installment Payment being due 0n August 15, 2019
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`and the final Installment Payment being due 0n December 15, 2019. The Installment Payments shall
`be made payabIe t0 PIaintifi" and shall be delivered in good funds by Defendant to Plaintiff at the
`address where payments 0f rent due under the Lease are to be paid. Unless an Uncured Default,
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`defined beiow, occurs under this Consent Order, Plaintiffshall accept full payment ofthe Settlement
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`Funds in fuil satisfaction 0f the Rental Arrearage.
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`4.
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`By execution 0f this Consent Order by their counsel, the parties agree that all terms and
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`conditions of the Lease, as the same may be amended from time t0 time, shall continue in full force
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`and effect and that Rent, defined in the Office Lease, due under the Lease shal} continue t0 be due and
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`payable to Plaintiff in accordance with the terms ofthe Lease, and any further amendments thereto; it
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`being expressly understood that the parties are in negotiations to fimher amend the lease t0 reduce
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`the size of the Premises and the amount of Rent due and payable to Plaintiff under the LeaseA
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`Provided n0 Uncured Default shall occur under this Consent Order, Defendant shall be provided with
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`an abatement of onemhalf (1/2) of the Base Rent and Tenant‘s Proportionate Share of Operating
`Expenses due and payable 0n August 1, 2019 in the aggregate amount 0f Sixteen Thousand, Two
`Hundred Seventy-five and 01/100 Dollars ($162750!) (the “Abated Rent"). A11 Rent due and
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`payable under the Lease shall continue t0 be payable t0 Plaintiffat Plaintiff’s address for payments
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`-4-
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`stated in the Lease.
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`5.
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`IfDefendant shall fail to pay any Installment Payment when due under this Consent Order, 0r
`any installment 0f Rent when due under the Lease while this Consent Order is in efl‘ect, Defendant
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`shall be in default in its obligations under this Consent Order, and if Defendant shall fail to cure such
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`default within five (5) days after Defendant‘s receipt ofwritten notice thereoffi‘om Plaintiff, provided
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`in accordance with the notices provision of this Coment Order that appears below, then such
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`continued failure shall constitute an “Uncured Default” under this Consent Orderl Upon the
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`occurrence ofan Uncured Default hereunder:
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`(a)
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`The entire outstanding balance of the Rental Arrearage, less any portion 0f the Settlement
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`Funds paid by Defendant t0 Plaintifi as ofthe date ofsuch Uncured Defauh (the “Arrearage
`Mg“); plus the Abated Rent, shall become immediately due and payable I0 Plaintiff
`hereunder, and interest shall accrue thereon at the rate often and one-half percent (1 0.5%)
`per annum (the “Interest Rate”). the rate specified in the Lease;
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`(b)
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`Plaintiff shall be entitled to the entry 0f a consent judgment for the Anearage Baiance, as
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`provided hereinafter, the Abated Rent and any unpaid instailments of Rent that have accrued
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`hereunder as Ofthe date OfSUCh Uncured DefauEt (the “Past—Due Rent”), plus accrued interest
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`thereon, calculated at the Interest Rate; and
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`(C)
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`This Court shall, upon application 0f Plaintiff, issue a writ of possession 0f the Premises in
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`favor ofthe Plaintifi", without any notice, other than as provided below, and without hearing
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`0n this matter.
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`6.
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`Any notices 0r other communication required 0r pennitted t0 be given t0 a party hereunder
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`shali be in writing and shail be delivered t0 counsel for Plaintiffor Defendant at the addresses stated
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`below.
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`A11 such notices shalf be in writing and shalk be hand delivered, delivered by nationally
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`recognized overnight courier (such as Federal Express), 01' sent by certified United States Mail, retum
`receipt requested, t0 such addresses. Any notice mailed shall be deemed to have been received upon
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`the earfier of (a) receipt, (b) refusal thereof, 01' (c) three ('3) days after mailing of same. Notice
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`effected by hand delively or overnight courier shall be deemed t0 have been received at the time 0f
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`actual delivew or refusal thereof. Either party shall have the right t0 change its address t0 which
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`notices shall be delivered by giving the other party written notice thereof in accordance with the
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`provisions 0f this paragraph.
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`7.
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`Contemporaneously with the execution 0f this Consent Order, Defendant shall execute the
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`original of that certain Consent Judgment, a true and genuine copy 0f which is attached hereto as
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`Exhibit A, and shall deliver the signed originai 0f the Consent Order and the signed original ofthe
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`Consent Judgment t0 counsel for Plaintiff. Plaintiff shall file this Consent Order immediately. Plaintiff
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`shall hold the signed originai of the Consent Judgment and shall complete and file same only if an
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`Uncured Default should occur hereunder. In the event 0f an Uncured Default hereunder, Plaintiffmay
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`complete and present to this Court the signed original Consent Judgment for entry ofjudgment in the
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`amounts specified therein, together with an affidavit of‘Plaintifs counsel (the “Default Affidavit”)
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`stating (i) that notice 0f default was provided t0 Defendant in accordance wifh the terms of‘this
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`Consent Order, a tme and genuine copy ofwhich notice shall be attached t0 such affidavit as Exhibit
`"A“; (ii) the amount ofthe Arrearagc BalanceR Abated Rent and Past-Due Rem‘ plus interest accruing
`-6-
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`thereon, that is due hereunder; and (iii) that more than five (5) days have passed since such notice was
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`delivered t0 Defendant, and n0 additional sums were paid by Defendant t0 Plaintiff; and, Plaintifishall
`file a cenificate ofservice with this Coun stating that copies 0fthe completed Consent Judgment and
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`the Defauit Affidavit were served upon Defendant contemporaneously with such filing. Upon the
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`Court’s receipt 0fthe completed Consent Judgment and the Defauft Affidavit, this Court shall execute
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`and enter the Consent Judgment without the necessity for hearing 0r any other 0r fimher notice to the
`Defendant Upon filing Ofthe Consent Judgment and Default Affidavit, a writ ofpossessiOn ofthe
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`Premises, and a writ Offierifizcz’as for the amount owed under the Consent Judgment, shall both issue
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`insrantcr, without funher hearing or notice, and Plaintiffmay proceed hnmediately to collact all sums
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`due thereunder, without the necessity 0f any other or further notice t0 Defendant‘
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`8.
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`Upon payment in filll ofthe entire amount offlle Settlement Funds and the Rent due under the
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`Lease While this Consent Order is in effect, Plaintifishall dismiss this Dispossessoxy Proceeding, and
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`shall not fiie the Consent Judgment.
`SO ORDERED, this
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`day 0f
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`, 2019
`
`JUDGE
`STATE COURT OF FULTON COUNTY
`STATE OF GEORGIA
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`[Signatums cmu‘inued 0n nexl page]
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`

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`I‘
`
`By:
`
`CONSENTED AND AGREED TO:
`3445 PT BUCKHEAD LLC,
`Pmnnfif
`J5: f???
`2%?“ M! ffifiy’): (MIA f
`Elizabeth A. LeVan
`Counsel for Plaintiff
`Georgia Bar No‘ 447924
`COLEMAN & DEMPSEY, LLP
`Two Ravinia Drive
`Suite 1250
`Atlanta, Georgia 30346
`(770) 392—7100
`ilevamwcoleman-dempsev.com
`
`'
`
`"
`
`INFORM, INC.
`Defendant
`/ .../’
`By: péf/ ///7%é/
`Ted Eader By Elizabeth A. LeVan Mt]: expresxv permission
`Counsel for Defendant
`Georgia Bar N0. 905761
`CONWAY EADER, LLLP
`400 17‘“ s: NW, Unit 1217
`Atlanta, Georgia 30363
`(470) 745-2640
`tedflmonxvayeade:zc0113
`
`[Signaturav continued 0n next page]
`
`-g-
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`

`

`PRESENTED BY:
`
`EIEabeLth A. LeVan
`Georgia Bar N0. 447924
`Attorney for Plaintifi‘3445 PT BUCKHEAD LLC
`CASE NO: 19DD000] 00
`COLEMAN 8; DEMPSEY, LLP
`Two Ravinia Drive
`Suite 1250
`Atlanta, Georgia 30346
`(770) 392-7100
`llevan’mcolemant‘dempseyfi0m
`
`QM!) E ~I {300 — x'\l O3 1 >Barmgs‘dnibrm‘Dispusscssory\(‘onscnt ()rdcr and ,ludgmenI-WG 3
`
`l 9.41me
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`.
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`

`

`EXHIBIT A
`IN THE STATE COURT OF FULTON COUNTY
`STATE OF GEORGIA
`
`) .
`
`)
`
`3445 PT BUCKHEAD LLC,
`
`PROCEEDING AGAINST TENANT
`) HOLDING OVER
`CASE NO: 19DD000100
`
`) )
`
`)
`
`) )
`
`)
`
`Plaintiff,
`
`v.
`
`INFORM, INC,
`
`Defendant.
`
`CONSENT JUDGMENT
`IT APPEARING TO THE COURT that an agreement has been reached by and between
`Plaintiff and Defendant to settle the above action and that the parties hereto have waived and d0
`
`hereby waive a {rial by juxy as t0 the claims between these parties and have agreed that this action
`may be resolved immediateiy by the court, sitting without july;
`1T FURTHER APPEARING TO THE COURT that the panics hereto have waived and d0
`hereby waive the requirements of O. C. GA. § 9~1 1—52(a) regarding findings offact and conclusions 0f
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`law;
`
`IT FURTHER APPEARING TO THE COURT that the parties hereto have waived and d0
`hereby waive the requirements 0f OCGAA, § 9—1 l~62(a) regarding a ten—day waiting period for
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`enforcement ofjudgments;
`IT FURTHER APPEARING TO THE COURT that the parties hereto have agreed and d0
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`hereby agree t0 the tenns 0f this Consent Judgment, and the court being fully informed;
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`

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`IT IS THEREFORE ORDERED AND ADJUDGED:
`That possession 0f the Premises is hereby awarded t0 Plaintiff, and a Writ of
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`i.
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`Possession for the Premises shafl issue in favor 0f Plaintiff instanter; and
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`II.
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`That, in accordance with the terms 0fthat certain Consent Order filed with the Court
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`in the above-styled Proceeding Against Tenant Holding Over on
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`2019 (the “Consent Order“), Plaintiff have judgment against Defendant in the
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`following sums:
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`(a)
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`The principal amount of
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`Dollars ($
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`_
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`), comprised 0f:
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`(i)
`
`(ii)
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`(iii)
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`(iV)
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`($
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`MW), representing
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`the
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`Arrearage
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`Balance, as set fomh in the Consent Order; plus
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`Dollars
`
`($
`
`}, representing the Abated Rent, as
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`set forth in the Consent Order; plus
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`Dollars
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`Dollars
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`($
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`), representing the Past-Due Rent,
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`as set forth in the Consent Order; plus
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`Dollars
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`($
`
`), representing accmed but unpaid
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`pre-judgmem interest on the amounts shown in Paragraphs
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`II(a)(i), (ii) and (iii) above, as set forth in the Consent Order;
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`and
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`(b)
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`Post—Judgment interest 0n the unpaid balance 0fthe principal amount
`-2-
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`stated in Paragraph (a) above, calculated in accordance with 0. C. GA.
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`§ 7—4~12(b) at the simple interest rate 0f ten and oxle—half percent
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`(10.50%) per annum, which is the Interest Rate specified in the
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`Consent Order.
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`IT IS FURTHER ORDERED that the Clerk OfIhe Court shall, I‘z'zsfanfer, deliver t0 counsel
`for Plaintiff a writ offierifacias in favor of Piaintiif and against Defendant for the sums set forth
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`above, without further notice 0r hearing.
`SO ORDERED, this
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`day 0f
`
`, 2()__
`
`JUDGE
`STATE COURT OF FULTON COUNTY
`STATE OF GEORGIA
`
`CONSENTED AND AGREED TO:
`3445 PT BUCKHEAD LLC,
`Plaintiff
`
`Elizabeth A. LeVan
`Counsel for Plaintiff
`Georgia Bar N0. 447924
`COLEMAN & DEMPSEY, LLP
`Two Ravinia Drive
`Suite 1250
`Atlanta, Georgia 30346
`(770') 392-7} 00
`llevanagibcolemamdempseycom
`
`[Signatures continued 0n next page]
`
`-3-
`
`

`

`INFORM, INC.
`Defendant
`
`By:
`
`Ted Eader
`Counsel for Defendant
`Georgia Bar N0. 905761
`CONWAY EADER, LLLP
`400 17m St NW, Unit 1217
`Atianta, Georgia 30363
`(470) 745-2640
`:gdfggonwayeader.com
`
`PRESENTED BY:
`
`Eiizabeth A. LeVan
`Georgia Bar N0. 447924
`Attorney for Plaintiff 3445 PT BUCKHEAD LLC
`CASE NO: 19DD000100
`COLEMAN & DEMPSEY, LLP
`Two Ravinia Drive
`Suite 1250
`Atianta, Georgia 30346
`(770) 392~7100
`lievanmicolamam—dempsev.com
`
`QrVJO l ‘I 000 # .x‘xi (l3 1 «Ben mgsflnfln'm‘Dlsposscswr) \(‘onscnt Order and Judgmenl-UT} E ,I gvdoc
`
`