EXHIBIT 10.21.3
THIRD AMENDMENT TO AGREEMENT OF LEASE
THIS THIRD AMENDMENT TO AGREEMENT OF LEASE (this "AMENDMENT") is made and
entered into as of the 11th day of September, 2003, by and between LASALLE BANK
NATIONAL ASSOCIATION, formerly known as LaSalle National Bank, as successor
trustee to LaSalle National Trust, N.A., as successor trustee to LaSalle
National Bank, as Trustee under that certain Trust Agreement dated March 1, 1984
and known as Trust No. 107701 ("LANDLORD") and STANDARD PARKING CORPORATION,
F/K/A APCOA/STANDARD PARKING, INC., F/K/A APCOA, INC., a Delaware corporation
("TENANT").
RECITALS:
A. Landlord, or its predecessor in interest, and Tenant, or its
predecessor in interest, are parties to that certain Agreement of Lease dated
June 4, 1998, including Rider One, Rider Two and Rider Three incorporated
therein by reference (the "ORIGINAL LEASE") pursuant to which Landlord leased to
Tenant, and Tenant leased from Landlord, the "PREMISES" (as therein defined), in
the property known as 000 Xxxxx Xxxxxxxx Xxxxxxxx ("XXXXXXXX") the address of
which is 000 Xxxxx Xxxxxxxx Xxxxxx, Xxxxxxx, Xxxxxxxx 00000. The Original Lease
was amended by that certain First Amendment to Agreement of Lease, dated May 1,
1999 (the "FIRST AMENDMENT"), and that certain Second Amendment to Agreement of
Lease, dated July 27, 2000 (the "SECOND AMENDMENT"). The Original Lease as
amended by the First Amendment and the Second Amendment is referred to herein as
the "LEASE." The Term of the Lease (as therein defined) expires on September 30,
2008 (the "TERMINATION DATE").
B. The Premises currently constitutes approximately 44,829 square feet of
rentable area in the Building, of which approximately 24,246 rentable square
feet thereof is located on the 16th floor of the Building (the "16TH FLOOR
SPACE") and approximately 20,583 rentable square feet thereof is located on the
17th floor of the Building (the "17TH FLOOR SPACE").
C. Tenant desires to reduce the size of the Premises by surrendering the
17th Floor Space and by adding an area located on the 10th floor of the Building
(the "10TH FLOOR EXPANSION SPACE") constituting approximately 5,000 rentable
square feet as shown on EXHIBIT A attached hereto.
D. Tenant desires to extend the Term of the Lease for five (5) years,
such that the Termination Date shall be extended from September 30, 2008 to
September 30, 2013.
E. The parties now desire to amend the Lease to provide for the reduction
of the Premises, to extend the Term, and to make certain other modifications to
the Lease in accordance with the terms of this Amendment.
NOW, THEREFORE, in consideration of the mutual covenants and agreement
herein contained, and other good and valuable consideration, the parties do
hereby agree as follows:
1. TERM. Section 1 of the Lease shall be amended by extending the
"TERMINATION DATE" for a period of five (5) years from September 30, 2008 to
September 30, 2013.
2. PREMISES.
2.1 As of December 1, 2003 (the "EFFECTIVE DATE"), the 10th Floor
Expansion Space shall be added to the Premises and shall be deemed a part
of the Premises. Therefore, as of the Effective Date, the Premises shall
consist of approximately 49,829 square feet of rentable area, approximately
5,000 rentable square feet of which shall be located on the 10th floor of
the Building.
2.2 Tenant shall accept the 10th Floor Expansion Space in an "as is"
condition without any allowance provided by Landlord. Tenant has been given
the opportunity to inspect the 10th Floor Expansion Space, including but
not limited to its physical condition and compliance with code and exiting
requirements. Without limiting the generality of the foregoing, Tenant
shall be fully responsible, at its sole cost and expense, for any
alterations, improvements or additions to the 10th Floor Expansion Space.
The making of any alterations, improvements or additions to the 10th Floor
Expansion Space by Tenant shall fully comply with the terms and conditions
set forth in the Lease, including but not limited to those provisions of
Article 9 of the Lease.
2.3 As of December 31, 2003 (the "SURRENDER DATE"), the 17th Floor
Space shall be deemed surrendered by Tenant (the "SURRENDER") and shall no
longer constitute a portion of the Premises. Therefore, as of the Surrender
Date, the Premises shall consist of approximately 29,246 square feet of
rentable area located on the 10th and 16th floors of the Building.
3. PARTIAL SURRENDER.
3.1 In connection with the Surrender of the 17th Floor Space, Tenant
shall: (i) vacate the 17th Floor Space no later than October 31, 2003 (the
"VACATION DATE"); (ii) fully comply with all obligations under the Lease
through the Vacation Date with respect to the 17th Floor Space, including
those provisions relating to the condition of the Premises and removal of
Tenant's personal property upon expiration of the Lease (which shall apply
as if the Lease had expired as of the Vacation Date); (iii) leave behind,
in addition to those improvements, fixtures and equipment Tenant is
required to leave in the Premises in accordance with the Lease, thirty (30)
"XXXXX XXXX"work stations and one (1) wood work station located in the
southeast corner of the 17th Floor Space, and Tenant hereby transfers all
right, title and interest in such items to Landlord, fully as if by xxxx of
sale, and represents and warrants that Landlord and its successors and
assigns shall hold and enjoy the same free of claims by any other party;
and (iv) continue to pay all Rent under the Lease through the Surrender
Date, all of which shall be prorated on a per diem basis. Notwithstanding
anything in this Amendment to the contrary, Tenant's sole obligation with
regard to the 17th Floor Space during the period of time from the Vacation
Date to the Surrender Date shall be the payment of Rent with respect
thereto. Any undetermined charges may be billed to Tenant when determined
(and Tenant's obligation to pay the same shall survive the Surrender), or
Landlord may reasonably estimate such
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charges and require that Tenant pay the same within thirty (30) days after
Landlord bills the same, subject to adjustment after the actual charges
have been determined.
3.2 Tenant acknowledges and agrees that Landlord, GMAC Mortgage
Corp., a Pennsylvania corporation ("GMAC"), and their contractors shall
have the right to access the 17th Floor Space at any time after the
Vacation Date in order to prepare such space for occupancy by GMAC in
accordance with that certain lease (the "GMAC LEASE") captioned "OFFICE
LEASE," dated September 29, 1989, by and between Landlord and Xxxxxx &
Strey, Inc., an Illinois corporation (GMAC's predecessor-in-interest), as
amended by that certain Expansion and Extension Agreement dated as of April
12, 1993, by that certain Second Expansion and Extension Agreement, dated
as of November 18, 1998, by that certain letter agreement dated as of
January 6, 2000, and by that certain Third Expansion and Extension and
Relocation Agreement, dated on or about the same date hereof.
3.3 Tenant represents to Landlord that it has not made any
assignment, transfer, conveyance or other disposition of the Lease (with
respect to the 17th Floor Space) or any interest in the 17th Floor Space
except for that certain Temporary Use Agreement by and between GMAC and
Tenant, and has no knowledge of any existing or threatened claim, demand,
obligation, liability, action or cause of action arising from or in any
manner connected with the Lease (with respect to the 17th Floor Space) or
the 17th Floor Space by any other party. Tenant represents that Tenant has
not, at any time, done or suffered, and will not do or suffer, any act or
thing whereby the 17th Floor Space or any part thereof is or may be in any
way charged, affected or covered by any lien or claim, and shall indemnify
and hold Landlord harmless from all liability, expenses, damages or costs
arising from same, including without limitation attorneys' fees.
4. BASE RENT. As of the Effective Date, Section 3 of the Lease shall be
amended by deleting the rent payment table and inserting the following in its
place:
3.1 Base Rent for the 16th Floor Space shall be calculated as
follows:
BASE RENT PER
SQUARE FOOT OF
PERIOD RENTABLE AREA ANNUAL BASE RENT MONTHLY BASE RENT
-----------------------------------------------------------------------------
10/1/03-9/30/04 $ 13.97 $ 338,716.62 $ 28,226.39
10/1/04-9/30/05 $ 14.47 $ 350,839.62 $ 29,236.64
10/1/05-9/30/06 $ 14.97 $ 362,962.62 $ 30,246.89
10/1/06-9/30/07 $ 15.47 $ 370,085.62 $ 31,257.14
10/1/07-9/30/08 $ 15.97 $ 387,208.62 $ 32,267.39
10/1/08-9/30/09 $ 20.87 $ 506,014.02 $ 42,167.83
10/1/09-9/30/10 $ 21.50 $ 521,289.00 $ 43,440.75
10/1/10-9/30/11 $ 22.16 $ 537,291.36 $ 44,774.28
10/1/11-9/30/12 $ 22.82 $ 553,293.72 $ 46,107.81
10/1/12-9/30/13 $ 23.50 $ 569,781.00 $ 47,481.75
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3.2 Base Rent for the 17th Floor Space shall be calculated as
follows:
BASE RENT PER
SQUARE FOOT OF
PERIOD RENTABLE AREA ANNUAL BASE RENT MONTHLY BASE RENT
-----------------------------------------------------------------------------
10/1/03-12/31/03 $ 13.97 $ 287,544.51 $ 23,962.04
3.3 Base Rent for the 10th Floor Expansion Space shall be calculated
as follows:
BASE RENT
PER SQUARE FOOT
PERIOD OF RENTABLE AREA ANNUAL BASE RENT MONTHLY BASE RENT
-----------------------------------------------------------------------------
12/1/03-9/30/04 $ 15.50 $ 77,500.00 $ 6,458.33
10/1/04-9/30/05 $ 15.97 $ 79,850.00 $ 6,654.17
10/1/05-9/30/06 $ 16.45 $ 82,245.50 $ 6,853.79
10/1/06-9/30/07 $ 16.94 $ 84,717.50 $ 7,059.79
10/1/07-9/30/08 $ 17.45 $ 87,241.00 $ 7,270.08
10/1/08-9/30/09 $ 17.97 $ 89,867.50 $ 7,488.96
10/1/09-9/30/10 $ 18.51 $ 92,545.50 $ 7,712.13
10/1/10-9/30/11 $ 19.07 $ 95,326.50 $ 7,943.88
10/1/11-9/30/12 $ 19.64 $ 98,210.50 $ 8,184.21
10/1/12-9/30/13 $ 20.23 $ 101,146.00 $ 8,428.83
5. ADDITIONAL RENT. Article 4 of the Lease is hereby amended as follows:
5.1 Section 4.2.1 is hereby deleted in its entirety.
5.2 As of the Effective Date, Section 4.2.4 of the Lease shall be
amended by changing "Tenant's Pro Rata Share" from 8.89% to 9.88%, based
upon the increase in square footage of the Premises as provided in
Paragraph 2.1 above. As of the Surrender Date, Section 4.2.4 of the Lease
shall be amended by changing "Tenant's Pro Rata Share" from 9.88% to 5.80%,
based upon the decrease in square footage of the Premises as provided in
Paragraph 2.3 above.
5.3 Section 4.3 of the Lease shall be amended by deleting the first
sentence thereof and inserting the following in its place: "Commencing with
the Effective Date, Tenant shall pay to Landlord or Landlord's agent as
Additional Rent, in addition to the Base Rent required by Paragraph 3
hereof, an amount ("EXPENSE ADJUSTMENT AMOUNT") equal to Tenant's Pro Rata
Share of the Operating Expenses (subject to adjustment pursuant to
Subparagraph 4.4 hereof) incurred with respect to each Calendar Year." In
addition, all references to the term "Base Year" contained in the Lease
shall be deleted.
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6. TEMPORARY SPACE. Landlord shall provide Tenant with approximately
6,000 rentable square feet of temporary space, Rent free, on the south side of
the 11th floor of the Building as shown on EXHIBIT B attached hereto (the
"TEMPORARY SPACE"), for a period not to exceed three (3) months, beginning on a
date between September 1, 2003 and September 30, 2003, to accommodate Tenant
while Tenant reconstructs the 16th Floor Space and the 10th Floor Expansion
Space. Upon the expiration of Tenant's occupancy of the Temporary Space, Tenant
shall surrender and restore the Temporary Space to the condition existing at the
beginning of Tenant's occupancy of the Temporary Space, ordinary wear and tear
excepted. All of the other terms of the Lease and of this Amendment shall apply
to Tenant's use and occupancy of any temporary space provided by Landlord
pursuant to this Section 6.
7. MODIFICATIONS TO RIDER ONE. Rider One of the Lease is hereby deleted
in its entirety.
8. MODIFICATIONS TO RIDER TWO. Rider Two of the Lease is hereby amended
as follows:
8.1 The first paragraph of Rider Two of the Lease shall be amended by
deleting the first sentence thereof and inserting the following in its
place:
"During the Term of the Lease, provided that Tenant or an
affiliate of Tenant is then leasing and occupying all of the 16th
Floor Space, Tenant shall have a right of first opportunity to lease
any portion of the 17th floor of the Building (the "OPPORTUNITY
EXPANSION SPACE") prior to the Opportunity Expansion Space being
leased to a third party (after the current tenancies expire) in an "as
is" condition, on the same terms and provisions then in effect under
the Lease, except that monthly Base Rent for the Opportunity Expansion
Space shall be increased to reflect the Prevailing Rental Rate (and
the other economic terms described in the last sentence in this
paragraph shall also be taken into consideration to the extent set
forth therein)."
8.2 The first paragraph of Rider Two of the Lease shall be further
amended by deleting the second sentence thereof in its entirety.
8.3 The fourth paragraph of Rider Two of the Lease shall be amended
by deleting the last sentence thereof and inserting the following in its
place:
"Tenant's right of first opportunity with respect to the
Opportunity Expansion Space shall be subject and subordinate to the
rights of GMAC Mortgage Corp., a Pennsylvania corporation ("GMAC"),
and its successors, assigns or affiliates to lease the Opportunity
Expansion Space granted pursuant to that certain lease captioned
"OFFICE LEASE," dated September 29, 1989, by and between Landlord and
Xxxxxx & Xxxxx, Inc., an Illinois corporation (GMAC's
predecessor-in-interest), as amended by that certain Expansion and
Extension Agreement dated as of April 12, 1993, by that certain Second
Expansion and Extension Agreement, dated as of November 18, 1998, by
that certain letter agreement dated as of January 6, 2000, and by that
certain Third Expansion and
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Extension and Relocation Agreement, dated on or about the same date
hereof (including but not limited to rights of such entities to renew
their leases or occupancy agreements, whether pursuant to options to
extend previously granted or otherwise)."
8.4 The following paragraph shall be added to the end of Rider Two of
the Lease:
"The Opportunity Expansion Space shall be leased in its then
existing, "as-is" condition and otherwise on the terms and conditions
of this Lease, except (1) the rentable area of the Premises shall be
increased by the rentable area of the Opportunity Expansion Space, (2)
Tenant's Pro Rata Share shall be increased to reflect the addition of
the Opportunity Expansion Space to the Premises, (3) the Base Rent due
under this Lease shall be increased by an amount equal to the product
of (x) the rentable square feet of the Opportunity Expansion Space and
(y) the Prevailing Rental Rate applicable to the Opportunity Expansion
Space, and (4) Tenant shall commence paying Rent for the Opportunity
Expansion Space as of the date it begins occupying the Opportunity
Expansion Space."
9. MODIFICATIONS TO RIDER THREE. Rider Three of the Lease is hereby
deleted in its entirety and replaced with the following:
RIDER THREE
OPTION EXPANSION SPACE
1. EXPANSION OPTION. Landlord hereby grants Tenant the option (the
"OPTION EXPANSION") to lease between 4,000 rentable square feet and 6,000
rentable square feet of space, which space shall be located on one of floors
nine through twenty of the Building (the "OPTION EXPANSION SPACE"), effective at
such time as the Option Expansion Space is "available to lease," on the same
terms and conditions in effect under the Lease, except that the monthly Base
Rent with respect to the Option Expansion Space shall be the then Prevailing
Rental Rate (as defined below). The precise amount of and the location of the
Option Expansion Space shall be designated by Landlord. The term "available to
lease" means the date that the Option Expansion Space is not subject to a lease
for such space by any tenant of the Building. The Option Expansion Space must be
available to lease at some time during the period beginning on April 1, 2008 and
ending on March 31, 2009 (the "EXPANSION WINDOW"), the exact date (the
"EXPANSION DATE") to be determined by Landlord. In the event that Tenant timely
exercises the Option Expansion, the Option Expansion Space shall be added to and
become a part of the Premises demised under this Lease, effective on the
Expansion Date. The lease term of the Option Expansion Space shall be
coterminous with the Term of the Lease, and shall expire on the Termination
Date.
Tenant shall give Landlord written notice ("TENANT'S NOTICE") of Tenant's
desire to exercise the Option Expansion on or before August 1, 2007. Landlord
shall respond to Tenant by written notice ("LANDLORD'S NOTICE"), which notice
shall include Landlord's determination of the Expansion Date, the location of
the Option Expansion Space, and the Prevailing Rental Rate, within thirty (90)
days of receipt of Tenant's Notice. If Tenant elects to exercise the Option
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Expansion, Tenant must deliver written notice thereof to Landlord within thirty
(30) days of Tenant's receipt of Landlord's Notice, otherwise Tenant shall be
deemed to have waived its right to exercise the Option Expansion. If Tenant
disputes Landlord's determination of the Prevailing Rental Rate, it shall so
notify Landlord at the time it exercises the Option Expansion (but such dispute
shall not affect such exercise). If Tenant fails to dispute Landlord's
determination thereof, such determination shall be binding upon the parties.
Time shall be of the essence with respect to Tenant's exercise of the Option
Expansion.
If the parties are unable to agree on the Prevailing Rental Rate within
thirty (30) days after Tenant disputes Landlord's determination thereof, either
party may request that the Prevailing Rental Rate be determined by arbitration
under the Commercial Arbitration Rules of the American Arbitration Association
then in effect. If the Prevailing Rental Rate is not determined until after the
commencement of the lease for the Option Expansion Space, Tenant shall pay, as
Rent, for the Option Expansion Space, until the Prevailing Rental Rate is
determined, 110% of the amount of Rent then in effect under the Lease on a per
rentable square foot basis (including Base Rent and all other charges). If the
Prevailing Rental Rate is determined to be greater than such amount, Tenant
shall pay Landlord, within thirty (30) days after written request therefor, the
difference between the amount required by such determination of the Prevailing
Rental Rate, and the amount theretofore paid by Tenant for the Option Expansion
Space.
2. CONDITIONS TO OPTION EXPANSION. Tenant's right to exercise the Option
Expansion is subject to the following terms and conditions:
2.1 PREVAILING RENTAL RATE. For purposes of this Rider Three,
"PREVAILING RENTAL RATE" means the average per rentable square foot rental
rate per month for all leases for comparable space and approximately the
same number of months, executed by tenants in the Office Section for office
space expansions during the six (6) months immediately prior to the date
upon which such Prevailing Rental Rate is to become effective and payable
under the terms of this Lease, where the rates for such expansions were not
set in such leases, subject to reasonable adjustments for comparable space
on more desirable, or less desirable, floors or areas of the Property. If
no such comparable space has been leased during such six (6) month period,
the rental rates used for purposes of this provision shall be adjusted to
the rental rates for comparable leases in comparable Class A mixed use
buildings in downtown Chicago, subject to the foregoing adjustments. In all
cases, such rates shall be determined without regard to any free rent
periods, improvement allowances, take-over lease obligations, or other
economic incentives; however, any such economic incentives generally
provided by Landlord in such comparable expansion leases shall also be
provided to Tenant. In addition, if such comparable expansion leases
include base years, stop levels or other provisions respecting taxes or
operating expenses, or include any other economic provisions, such as but
not limited to consumer price index provisions, utility reimbursements or
fixed rent increases, the same shall be included in the expansion terms
provided to Tenant.
2.2 DELIVERY OF SPACE. If Tenant shall exercise the Option Expansion,
Landlord does not guarantee that the Option Expansion Space will be
available on the Expansion Date for the lease thereof for any reason beyond
Landlord's reasonable
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control, including but not limited to hold over by existing tenants
thereof. In such event, Rent with respect to the Option Expansion Space
shall be abated until Landlord legally delivers the same to Tenant, as
Tenant's sole recourse. Tenant's exercise of the Option Expansion shall not
operate to cure any default by Tenant of any of the terms or provisions in
the Lease, nor to extinguish or impair any rights or remedies of Landlord
arising by virtue of such default. The Option Expansion shall, at
Landlord's election, be null and void, if Tenant has received a notice of
default which has not been cured within the time period provided therefor
under the Lease on the date Tenant exercises its rights hereunder or on the
Expansion Date. If the Lease or Tenant's right to possession of the
Premises shall terminate in any manner whatsoever before Tenant shall
exercise the Option Expansion, then immediately upon such termination the
right to lease the Option Expansion Space herein granted shall
simultaneously terminate and become null and void. Such right is personal
to Tenant. Under no circumstances whatsoever shall a sublessee, or an
assignee of less than the entire Lease or an assignee for a period which is
less than the entire Term, have any right to exercise the Option Expansion
granted herein. Tenant agrees that time in giving notices hereunder is of
the essence of this provision.
2.3 TERMS. The Option Expansion Space shall be leased in its then
existing, "as-is" condition and otherwise on the terms and conditions of
this Lease, except (l) the rentable area of the Premises shall be increased
by the rentable area of the Option Expansion Space, (2) Tenant's Pro Rata
Share shall be increased to reflect the addition of the Option Expansion
Space to the Premises, (3) the Base Rent due under this Lease shall be
increased by an amount equal to the product of (x) the rentable square feet
of the Option Expansion Space and (y) the Prevailing Rental Rate applicable
to the Option Expansion Space, and (4) Tenant shall commence paying Rent
for the Option Expansion Space as of the Expansion Date.
2.4 AMENDMENT TO LEASE. If Tenant timely exercises the Option
Expansion as set forth herein, Landlord and Tenant shall execute an
amendment to this Lease confirming the terms and conditions of this Lease
applicable to the Option Expansion Space, provided that the execution of
such an amendment shall not be a precondition to the effectiveness of
Tenant's election to lease the Option Expansion Space.
3. NO BROKER. Tenant represents that Tenant has dealt only with Insignia
ESG as broker, agent or finder in connection with this Amendment and agrees to
indemnify, defend and hold Landlord harmless from all damages, judgments,
liabilities and expenses (including reasonable attorneys' fees) arising from any
claims or demands of any other broker, agent or finder with whom Tenant has
dealt for any commission or fee alleged to be due in connection with its
participation in the procurement of Tenant or the negotiation with Tenant of
this Amendment. Landlord shall be responsible for any commission or fee which
may be payable to Insignia ESG up to an amount not to exceed $36,000.00.
Landlord represents that Landlord has dealt only with Insignia ESG as broker,
agent or finder in connection with this Amendment and agrees to indemnify,
defend and hold Tenant harmless from all damages, judgments, liabilities and
expenses (including reasonable attorneys' fees) arising from any claims or
demands of any other broker, agent or finder with whom Landlord has dealt for
any commission or fee alleged to be due in connection with its participation in
the procurement of Tenant or the negotiation with Tenant of this Amendment. This
paragraph is not intended to create any third party beneficiary
8
rights, including but not limited to any rights in favor of Insignia ESG.
Landlord acknowledges that it is responsible for the payment of the commission
of USI Real Estate Brokerage Services, Inc. which is due and payable in
connection with the GMAC Lease.
4. WHOLE AGREEMENT. This Amendment sets forth the entire Agreement
between the parties with respect to the matters set forth herein. There have
been no additional oral or written representations or agreements. As amended
herein, the Lease between the parties shall remain in full force and effect. In
case of any inconsistency between the provisions of the Lease and this
Amendment, the latter provisions shall govern and control. Except as expressly
amended herein, the original terms and conditions of the Lease remain in full
force and effect.
5. NOT AN OFFER. Neither party shall be bound by this Amendment until
Landlord and Tenant both have executed and delivered the same to our other
party.
6. CAPITALIZED TERMS. All Capitalized Terms defined herein shall have the
meanings attributed to them in the Lease.
7. TRUST CLAUSE. It is expressly understood and agreed that this
Amendment is executed on behalf of LaSalle Bank National Association, not
personally but as Trustee as aforesaid, in the exercise of the power and
authority conferred upon and invested in it as such Trustee, and under the
direction of the beneficiaries of that certain Trust Agreement specified above.
It is further expressly understood and agreed that LaSalle Bank National
Association, as Trustee as aforesaid, has no right or power whatsoever to
manage, control or operate said real estate in any way or to any extent and is
not entitled to collect or receive for any purpose, directly or indirectly, the
rents, issues, profits or proceeds of said real estate or any lease or sale or
any mortgage or any disposition thereof. Nothing in this Amendment contained
shall be construed as creating any personal liability or personal responsibility
of the Trustee or any of the beneficiaries of the Trust, and, in particular,
without limiting the generality of the foregoing, there shall be no personal
liability to pay any indebtedness accruing hereunder or to perform any covenant,
either expressly or impliedly herein contained, or to keep, preserve or
sequester any property of said Trust or for said Trustee to continue as said
Trustee; and that so far as the parties herein are concerned, the owner of any
indebtedness or liability accruing hereunder shall look solely to the Trust
estate from time to time subject to the provisions of said Trust Agreement for
payment thereof, Tenant hereby expressly waiving and releasing said personal
liability and personal responsibility on behalf of itself and all persons
claiming by, through or under Tenant.
[SIGNATURE PAGE FOLLOWS]
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IN WITNSSS WHEREOF, Landlord and Tenant have executed this Amendment as of
the year and date above first written.
LANDLORD:
LASALLE BANK NATIONAL ASSOCIATION,
As Trustee aforesaid and not personally
By: /s/ Xxxxxxxx X. Xxxxxxx
-----------------------------------
Print Name: Xxxxxxxx X. Xxxxxxx
---------------------------
Title: Trust Officer
--------------------------------
TENANT:
STANDARD PARKING CORPORATION,
a Delaware corporation
By: [Illegible]
----------------------------------
Print Name: [Illegible]
---------------------------
Title: Senior Vice President
--------------------------------
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EXHIBIT A
10TH FLOOR EXPANSION SPACE
[FLOOR PLAN]
EXHIBIT B
11TH FLOOR TEMPORARY SPACE
[FLOOR PLAN]
