Atlanta lawyers work Chinamex-Atlantic Station lease deal

Posted on January 6, 2010 15:30 by Janet Conley

Two Atlanta lawyers recently helped their clients—one based in China and the other based here—ink a lease agreement on nearly 14,000 square feet of space in Atlantic Station.

Jones Day lawyer R. Mason Cargill assisted business incubator Chinamex in establishing a U.S. subsidiary and negotiating a 7-year, 10-month lease to house its new North American headquarters here. The lease was signed in mid-December, with Philip G. Skinner of Arnall Golden Gregory representing Atlantic Station.

Chinamex, a private Beijing-based company which helps other Chinese firms expand overseas, is the brainchild of parent company Chinamex Middle East Investment and Trade Promotion Centre, which already has established other business outposts in Amsterdam, Netherlands, and Dubai, United Arab Emirates.

Atlantic Station Cargill said that Atlanta, thanks to good marketing and lots of personal attention from the Metro Atlanta Chamber of Commerce, won out over San Francisco as the incubator's U.S. headquarters. Chinamex, he said, plans to exhibit products manufactured by companies in the Hubei Province and its capital city, Wuhan, which has a population of about 10 million and is about an hour by air from Shanghai. Chinamex also will offer consulting and temporary office space and will help Chinese companies that want to deal more directly with the U.S. market to set up operations here, primarily for marketing their products.

Cargill and Skinner both said that U.S. leases are longer and more complex than leases in China, which meant that Chinamex officials had a lot of questions about the provisions and that negotiations took a bit longer than they might have with a U.S. tenant. Also, Skinner said, leases for mixed-use projects like Atlantic Station are by nature more complex than for free-standing office buildings because they involve covenants governing how a project can be developed and used and who pays for services that are used by the whole project.

Although Atlanta has been courting Chinese business for some time—Cargill was part of a prospecting trip to China, along with then-Mayor Shirley Franklin and the Metro Chamber in 2006—East-West business hasn't yet taken off in a big way here. The Atlanta-Journal Constitution reported that four much-promoted Chinese investment projects announced in the past three years have yet to come to fruition. These stalled projects include Kingwasong LLC's plans to produce soy sauce in Newnan and construction equipment manufacturer Sany Heavy Industry Co.'s plans for a $30 million investment in Peachtree City.

Still, Cargill—who spent several years in his firm's Shanghai office—said he thinks business relations will someday blossom between Atlanta and China. Developments are slow now because of the economy, he said, and because Chinese companies don't have the same incentives that Japanese companies had to set up operations here—namely, a cheaper work force than was available at home.

Still, he said, “I'm very optimistic. … I think it may be a slow process. A gradual process, but I think it'll happen.”


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Janet ConleyThe Deal Watch Blog is devoted to bringing you the latest news in business law in Atlanta, the Southeast and the U.S. The lead writer is Daily Report associate editor Janet L. Conley.

Janet L. Conley is an attorney who returned to journalism after practicing law with Akin, Gump, Strauss, Hauer & Feld in Washington and with the Georgia Legal Services Program in Atlanta.

During her tenure at the Daily Report, Janet, now the paper's associate editor, has covered law firm economics and management, business and federal courts. In 2007, she received the Georgia Associated Press Story of the Year award and the Atlanta Press Club’s Journalist of the Year award, both for small circulation newspapers, for "Green to Gold," a series of articles on how climate change will alter business and the law.

Janet has written for The American Lawyer magazine and the National Law Journal, among other publications. She also served as managing editor of GC South magazine.

Janet holds a journalism degree from Southern College and a juris doctor degree from the University of Pennsylvania. She lives in Decatur with her husband Mark Harper, also an attorney, and their three children.

She can be reached at jconley@alm.com.

Andy PetersThe contributing writer is Daily Report staff reporter Andy Peters.

Andy Peters has been a journalist since graduating from Furman University in 1992. A short list of the subjects he’s covered includes the Georgia state Legislature, the U.S. semiconductor industry, the Alabama-Florida-Georgia “water wars” litigation, the 1999 American Airlines pilots strike, Coca-Cola and PepsiCo’s battle to acquire the Gatorade sports-drink brand, indie rock music and high school football. Andy has written for Bloomberg News, the New York Times Web site, the Macon Telegraph, the Spartanburg (S.C.) Herald-Journal and the Atlanta Business Chronicle.

Andy has written the Deal Watch column for the Daily Report since March 2006. He was born in Chattanooga, Tenn. in 1971 and grew up in Ringgold, Ga. He lives in Decatur with his wife and two children.

He can be reached at apeters@alm.com.

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