FIRST AMENDMENT TO LEASE
THIS FIRST AMENDMENT TO LEASE ("First Amendment") dated as of May 31, 2001,
by and between Columbia Lisle Limited Partnership, an Illinois limited
partnership (the "LANDLORD"), and The Private Bank and Trust Company, an
Illinois banking association (the "TENANT").
RECITALS:
A. By that certain Lease Agreement dated October 16, 1996 entered into by
and between Landlord and Tenant (the "LEASE") Landlord leased to Tenant and
Tenant leased from Landlord, the "leased premises", upon and subject to the
terms and conditions set forth in the Lease.
B. Landlord and Tenant desire to amend and modify the terms of the Lease
in the manner hereinafter set forth.
C. Unless otherwise provided herein, all capitalized words and terms in
this First Amendment shall have the same meanings ascribed to such words and
terms as in the Lease.
NOW, THEREFORE, in consideration of the mutual covenants and agreements
hereinafter set forth and for other good and valuable consideration, the receipt
and sufficiency of which are hereby acknowledged, Landlord and Tenant hereby
agree as follows:
1. RENEWAL OPTION: Under the terms and conditions of the Lease the
current term of the Lease ends December 14, 2001. Landlord and Tenant have
agreed to extend the Term for One (1) Five (5) Year period commencing upon the
current lease expiration, December 15, 2001 and ending December 15, 2006 unless
earlier terminated.
2. BASE RENT: The Annual Base Rent shall increase to $32.50 per
square foot beginning on December 15, 2001 and ending December 2006. Total
Annual Rent during such time shall be: $136,500.00. The Base Rent Monthly
Installments shall be: $11,375.00.
3. LANDLORD TERMINATION RIGHT: Landlord and Tenant have agreed that
the Landlord shall have a right to terminate the Lease by giving written notice
to Tenant twelve months (12) months prior to such desired termination (the
"LANDLORD TERMINATION RIGHT"). Landlord may elect to exercise such Landlord
Termination Right by giving such written notice anytime after December 15, 2002
and no sooner.
4. ADDITIONAL CHARGES: Landlord and Tenant agree that the Definition
of "Base Year" contained in Paragraph Four (4)(A)(ii) of the Lease shall be
deleted in its entirety and the following language shall be substituted: "BASE
YEAR" shall mean Calendar Year 2001.
5. Except as otherwise expressly provided in this First Amendment,
all provisions of the Lease remain in full force and effect and are not modified
by this First Amendment, and the parties hereby ratify and confirm each and
every provision thereof.
6. This First Amendment contains the entire agreement between the
parties with respect to the subject matter herein contained and all preliminary
negations with respect to the subject matter herein contained are merged into
and incorporated in this First Amendment and all prior documents and
correspondence between the parties with respect to the subject matter herein
contained are superseded and of no further force or effect, other then the
Lease, as amended.
7. This First Amendment may be executed in any number of
counterparts, each of which shall be deemed an original, but all of which
together shall constitute one and the same instrument.
8. This First Amendment has been duly executed by, and constitutes
the valid and binding obligations of the parties hereto. The persons executing
this First Amendment on behalf of any entities represent that they have the
authority to bind their respective entity.
9. This First Amendment shall be binding upon and insure to the
benefit of the parties hereto and their respective successors and permitted
assigns.
10. Each party represents and warrants that it has caused or incurred
no claim for brokerage commissions or finder's fees in connection with the
execution of this First Amendment except for CB Xxxxxxx Xxxxx who shall be paid
by Landlord pursuant to a separate agreement, and each party shall defend,
indemnify and hold the other harmless against and from all other liabilities
arising from any such claims caused or incurred by it.
TENANT: LANDLORD:
THE PRIVATE BANK AND TRUST COMPANY, COLUMBIA LISLE LIMITED PARTNERSHIP,
an Illinois banking association an Illinois limited partnership
By: /s/ Xxxx X. XxXxxx By: /s/ Xxxxxx Xxxxxxxx
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Its: Managing Director Its: General Partner
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