This appeal arises from John H. Harland Company’s ten-year lease of a warehouse from the predecessor-in-interest of Ranwal Properties, LLC. Before Harland took occupancy, Ranwal’s predecessor made improvements to the warehouse, including the construction of offices in it. Near the end of the lease term, Ranwal asked Harland to remove many of the interior improvements and also submitted invoices for insurance premiums it had paid over the life of the lease. Harland refused, and this suit followed. We affirm the trial court’s grant of summary judgment to Harland on the question of improvements, reverse the denial of summary judgment to Ranwal on insurance premiums, and remand for further proceedings on attorney fees due under the lease. “Summary judgment is proper when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. OCGA § 9-11-56 c.” Matjoulis v. Integon Gen. Ins. Corp ., 226 Ga. App. 459 1 486 SE2d 684 1997. A defendant moving for summary judgment may put forth evidence to show that there is no issue of fact as to one or more elements of the plaintiff’s causes of action or demonstrate that the record lacks sufficient evidence to support one or more of the plaintiff’s causes of action. Lau’s Corp. v. Haskins , 261 Ga. 491 405 SE2d 474 1991. We review the grant or denial of summary judgment de novo, construing the evidence in favor of the nonmovant. Matjoulis , supra.
So viewed, the record shows that in August 1995, Harland and Ranwal’s predecessor-in-interest, Rockdale Industries, Inc., agreed to lease a 60,000 square-foot industrial warehouse in Conyers to Harland for use in Harland’s check-printing business for a period of ten years. Paragraph 9 of the parties’ “Standard Industrial Lease Agreement” provided as follows: Harland agrees to return the Premises to Rockdale at the expiration or prior termination of this Lease broom clean and in the same condition and repair as when first received, natural wear and tear . . . excepted. Upon Rockdale’s request, Harland agrees to remove any alterations installed by or for Harland after the commencement of the term of this Lease and any improvements which Rockdale determines are special purpose improvements which are not likely to be usable by a successor tenant. The form lease also provided that Rockdale “will carry, at Harland’s expense, all risk insurance coverage on the Premises in an amount deemed appropriate by Rockdale,” and that “Harland shall pay to Rockdale, as additional rent, the amount of Rockdale’s premium within thirty 30 days of demand from Rockdale.” A specially drafted additional provision, Paragraph 30, specified that Rockdale “shall make improvements to the Premises . . . in accordance with the terms of Exhibit D attached hereto,” including a parking lot, 22,500 square feet of office space, a “wall between plant and offices,” “lighting to Harland requirements,” a sprinkler system, electrical service, dock doors, and a concrete slab, as well as plumbing and HVAC.
