FIRST LEASE AMENDMENT

Contract Categories: Real Estate - Lease Agreements
EX-10.2 3 l30457aexv10w2.htm EX-10.2 Ex-10.2
 

Exhibit 10.2
810 DSW Drive
FIRST LEASE AMENDMENT
          THIS FIRST LEASE AMENDMENT (“Amendment”) is executed as of this 1st day of October, 2007, by and between 4300 VENTURE 34910 LLC, a Delaware limited liability company (“Landlord”), and DSW INC., an Ohio corporation (“Tenant”).
WITNESSETH:
          WHEREAS, Landlord and Tenant entered into a certain Office Space Lease — Net dated as of November 30, 2006 (the “Lease”) whereby Tenant leased from Landlord and Landlord leased to Tenant certain premises consisting of approximately 147,771 square feet of space located in Building 4 of the Columbus International Aircenter, located in the City of Columbus, County of Franklin, State of Ohio;
          WHEREAS, Landlord and Tenant desire to amend the Lease.
          NOW, THEREFORE, in consideration of the foregoing premises, the mutual covenants herein contained and each act performed hereunder by the parties, Landlord and Tenant hereby agree that the Lease is amended as follows:
          1. Cap on Increases of Certain Costs. The annual increase of the sum of Tenant’s Prorata Share of Maintenance Costs and Insurance Premiums shall not exceed Three and 00/100ths percent (3.00%); provided however, this limit shall not apply to Tenant’s Pro Rata share of Impositions or Landlord’s costs for snow and ice removal.
          2. Incorporation of Recitals. The above recitals are hereby incorporated into this Amendment as if fully set forth herein.
          3. Examination of Amendment. Submission of this instrument for examination or signature does not constitute a reservation or option, and it is not effective until execution by and delivery to both Landlord and Tenant.
          4. Definitions. Except as otherwise provided herein, the capitalized terms used in this Amendment shall have the definitions set forth in the Lease.
          5. Entire Agreement. The Lease, as amended by this Amendment, constitutes the entire agreement between Landlord and Tenant regarding the Lease and the subject matter contained herein and supersedes any and all prior and/or contemporaneous oral or written negotiations, agreements or understandings.
          6. Lease Ratification. The Lease, as modified herein, is in full force and effect, and the parties hereby ratify the same. The Lease and this Amendment shall be binding upon the parties and their respective successors and assigns. To the extent the terms and conditions of the Lease conflict with or are inconsistent with this Amendment, the terms and conditions of this Amendment shall control.
          7. Counterparts. This Amendment may be executed in counterparts, each of which shall be deemed a part of an original and all of which together shall constitute one agreement. Signature pages may be detached from the counterparts and attached to a single copy of this Amendment to form one document.
[signatures appear on the following page]

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810 DSW Drive
          IN WITNESS WHEREOF, the parties have caused this Amendment to be executed on the day and year first written above.
         
  LANDLORD:
4300 VENTURE 34910 LLC,
a Delaware limited liability company
 
 
  By:   4300 EAST FIFTH AVENUE LLC,    
    an Ohio limited liability company,   
    its Member   
 
     
  By:   JUBILEE-AIRCENTER, L.L.C.,    
    a Delaware limited liability company,   
    its Managing Member   
 
     
  By:   JUBILEE LIMITED PARTNERSHIP,    
    an Ohio limited partnership,   
    its Managing Member   
 
     
  By:   SCHOTTENSTEIN PROFESSIONAL    
    ASSET MANAGEMENT CORPORATION,   
    a Delaware corporation,
its General Partner 
 
 
     
  By:   /s/ Jay Schottenstein   
    Print Name: Jay Schottenstein 
   
    Title:   President 
 
  TENANT:
DSW INC.
an Ohio corporation
 
 
  By:   /s/ William L. Jordan   
    Print Name: William L. Jordan
 
    Title:   VP/General Councel   

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