EXHIBIT 10.2
SECOND AMENDMENT TO LEASE
THIS SECOND AMENDMENT TO LEASE is made as of the 17
th day
of March, 2008 (the “ Amendment ”), by and
between SOUTHWEST VALLEY PARTNERS, LLC , an Indiana limited
liability company (hereinafter referred to as “
Landlord ”) and ULTA SALON, COSMETICS &
FRAGRANCE, INC., a Delaware corporation (hereinafter referred
to as “ Tenant ”), which terms
“Landlord” and “Tenant” shall include the
successors and assigns of the respective parties.
WITNESSETH:
WHEREAS , by that certain Lease dated June 21, 2007, by
and between Landlord and Tenant, as amended by that certain First
Amendment to Lease dated October 23, 2007 (collectively, the
“ Lease ”), Landlord did lease and demise unto
Tenant and Tenant did lease from Landlord approximately 328,995
square feet of bulk distribution space (the “ Premises
”) located within the bulk distribution building located or
to be constructed at Riverside Business Center, 4570 West Lower
Buckeye Road, Phoenix, Arizona 85034 (the “ Building
”), as more particularly described in the Lease; and
WHEREAS , the parties hereto desire to further amend the
Lease as set forth herein.
NOW, THEREFORE , in consideration of the foregoing and for
other good and valuable consideration, the receipt and sufficiency
of which is hereby acknowledged, the parties hereto agree as
follows:
1. Capitalized Terms .
All initial capitalized terms not defined herein shall have the
meaning ascribed to them in the Lease.
2. Lease Term .
Section 1.1 of the Lease is hereby deleted in its entirety and
replaced with the following:
“1.1 Lease Term . In
consideration of the obligation of Tenant to pay rent as herein
provided and in consideration of the other terms, covenants, and
conditions hereof, Landlord leases to Tenant, and Tenant takes from
Landlord, the Premises, to have and to hold for the Lease Term,
subject to the terms, covenants and conditions of this Lease. The
Lease Term shall commence on the date that is [***] from the date
of Substantial Completion of Phase II of the Premises (the
“Commencement Date”) and shall end on the date that
follows the remainder of the month in which the Commencement Date
occurs plus the number of full months in the Lease
Term.”
3. Fixturing Entry Date
. Landlord and Tenant hereby agree that the Fixturing Entry Date
occurred on [***]. Notwithstanding Section 1.2 of the Lease,
Landlord and
|
|
|
| [***]: |
|
Certain information on this page has been omitted and filed
separately with the Commission. Confidential treatment has been
requested with respect to the omitted portions. |
Tenant
hereby further agree that Landlord shall not be liable to Tenant
for any amounts described in such Section 1.2.
4. Early Entry Date .
Section 1.3 of the Lease is hereby deleted in its entirety and
replaced with the following:
“1.3 Early Entry Date :
Landlord and Tenant hereby agree that the Premises shall be
delivered in phases as set forth on Exhibit A-3
attached hereto and made a part hereof, with the estimated date of
Substantial Completion of each such phase being also described on
Exhibit A-3 . Landlord shall use commercially
reasonable efforts to cause the Substantial Completion of each
phase by the estimated Substantial Completion date for such phase
as set forth in Exhibit A-3 .
Upon the delivery of each phase of
the Premises to Tenant, Tenant shall have full access and use of
such phase; provided, however, Tenant acknowledges and agrees
(a) that prior to Substantial Completion of Ph
