THIS LEASE
AMENDMENT (“Amendment”) is entered into as of
January 31, 1998 by and between CENTERPOINT REALTY SERVICES
CORPORATION, an Illinois corporation (“Landlord”), and
FACTORY CARD OUTLET OF AMERICA LTD., an Illinois corporation
(“Tenant”).
WHEREAS ,
Landlord and Tenant have entered into that certain Industrial
Building Lease dated as of October 28, 1996
(“Lease”) with respect to certain premises commonly
known as 2727 Diehl Road, Naperville, Illinois, as more
particularly described in the Lease.
WHEREAS ,
the Lease provides that Landlord shall construct the Initial
Improvements in accordance with the Plans. Tenant had requested,
and Landlord had agreed to certain changes in the Plans, as the
same have been identified as Change Orders 1 through 9
(“Changes”), which Changes resulted in an increase in
the costs of construction of the Initial Improvements by the sum of
TWO MILLION FIFTEEN THOUSAND EIGHT HUNDRED FORTY THREE AND NO/00
DOLLARS ($2,015,843.00) (“Change Costs”).
WHEREAS ,
Tenant has agreed to reimburse Landlord for the Change Costs on the
terms and conditions contained herein.
WHEREAS ,
the Lease provides that the Commencement Date shall be the later of
the Estimated Completion Date or the Substantial Completion Date.
The Substantial Completion Date was December 1, 1997. Accordingly,
the parties have agreed that the Commencement Date of the Lease
shall be December 1, 1997.
NOW, THEREFORE,
for and in consideration of the mutual covenants contained herein,
and for other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties hereto
agree as follows:
1.
Recitals . The Recitals are incorporated into this Amendment
as if fully set forth in this Section 1.
2.
Definitions . All terms used herein, unless otherwise
specified, shall have the meaning ascribed to them in the
Lease.
3.
Commencement Date and Termination Date . The Commencement
Date of the Lease is hereby defined as December 1, 1997 and
the Termination Date is hereby defined as February 28, 2008.
All references in the Lease to Commencement Date and Termination
Date shall be deemed to mean the applicable dates.
4.
Changes to the Plans . Landlord has completed the
construction of the Initial Improvements including the Changes.
Tenant shall pay to Landlord the Change Costs as part of
Tenant’s monthly installments of Base R
