Exhibit 10.58
FIRST AMENDMENT TO LEASE
THIS FIRST AMENDMENT TO LEASE made and entered into this 27th day of
June, 2001, by and between DEERFIELD & XXXXXXX OFFICE BUILDING, L.L.C., an
Illinois limited liability company ("LANDLORD"), and ADS ALLIANCE DATA SYSTEMS,
INC. ("TENANT") for a portion of the Premises commonly known as 000 Xxxxxxx
Xxxx, Xxxxxxx Xxxxx, Xxxxxxxx.
W I T N E S S E T H:
WHEREAS, the parties hereto did heretofore enter into a certain Lease
of the aforesaid Premises on or about July 30, 1999 (the "LEASE"); and
WHEREAS, the parties hereto do hereby intend to amend the Lease upon
the terms and conditions as are more fully hereinafter set forth.
NOW, THEREFORE, in consideration of the mutual covenants hereinafter
set forth, and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged by the parties hereto, it is hereby
agreed that the Lease, particularly the Lease Schedule appended thereto, be and
is hereby amended to provide as follows:
1. Effective upon the completion of the work described in
Appendix "B" attached hereto and specifically incorporated by
reference herein, which work is anticipated to be completed on
or about June 1, 2000 ("EFFECTIVE EXPANSION DATE"), the
Premises shall be deemed amended to include an additional one
hundred eighty-four (184) rentable square feet located on the
first floor of the Building and depicted on Appendix "A"
attached hereto and specifically incorporated by reference
herein. The Purpose with respect to the additional one hundred
eighty-four (184) rentable square feet shall be for storage.
1
2. Upon the Effective Expansion Date, the Annual Base Rent years
1 through 5 shall be increased to FOUR HUNDRED TWENTY-EIGHT
THOUSAND THIRTY-TWO DOLLARS ($428,032.00) and the Monthly Base
Rent shall be increased to THIRTY-FIVE THOUSAND SIX HUNDRED
SIXTY-NINE DOLLARS and 34/100 ($35,669.34). Furthermore, the
Annual Base Rent for years 6 through 10 shall be increased to
FOUR HUNDRED EIGHTY-NINE THOUSAND THREE HUNDRED EIGHTEEN
DOLLARS and 40/100 ($489,318.40) and the Monthly Base Rent for
said period shall be increased to FORTY THOUSAND SEVEN HUNDRED
SEVENTY-SIX DOLLARS and 54/100 ($40,776.54).
3. Upon the Effective Expansion Date, Tenant's share shall be
increased to 50.30%.
4. Paragraph 16 of the Lease Schedule is hereby modified to
substitute GVA Xxxxxxxx for Xxxxxxxx Northstar Realty
Partners, L.L.C.
5. Except as herein expressly provided, the Lease shall remain
unmodified and in full force and effect.
2
IN WITNESS WHEREOF, Landlord and Tenant have executed this First
Amendment to Lease as of the day and year first above written.
LANDLORD:
DEERFIELD & XXXXXXX OFFICE BUILDING,
L.L.C., an Illinois limited liability company
BY: /s/ [illegible]
-----------------------------------------
TENANT:
ADS ALLIANCE DATA SYSTEMS, INC.
BY: /s/ [illegible]
-----------------------------------------
CONSENTED TO AND APPROVED:
GUARANTOR:
ALLIANCE DATA SYSTEMS CORPORATION
BY: /s/ [illegible]
------------------------------------------
3
