Ex-10.2



 




Exhibit
10.2

810 DSW Drive




FIRST LEASE AMENDMENT




          THIS FIRST LEASE AMENDMENT (“Amendment”) is executed as of this 1st day of October,
2007, by and between 4300 VENTURE 34910 LLC, a Delaware limited liability company (“Landlord”), and
DSW INC., an Ohio corporation (“Tenant”).




WITNESSETH:




          WHEREAS, Landlord and Tenant entered into a certain Office Space Lease — Net dated as of
November 30, 2006 (the “Lease”) whereby Tenant leased from Landlord and Landlord leased to Tenant
certain premises consisting of approximately 147,771 square feet of space located in Building 4 of
the Columbus International Aircenter, located in the City of Columbus, County of Franklin, State of
Ohio;




          WHEREAS, Landlord and Tenant desire to amend the Lease.




          NOW, THEREFORE, in consideration of the foregoing premises, the mutual covenants herein
contained and each act performed hereunder by the parties, Landlord and Tenant hereby agree that
the Lease is amended as follows:




          1. Cap on Increases of Certain Costs. The annual increase of the sum of Tenant’s
Prorata Share of Maintenance Costs and Insurance Premiums shall not exceed Three and 00/100ths
percent (3.00%); provided however, this limit shall not apply to Tenant’s Pro Rata share of
Impositions or Landlord’s costs for snow and ice removal.




          2. Incorporation of Recitals. The above recitals are hereby incorporated into this
Amendment as if fully set forth herein.




          3. Examination of Amendment. Submission of this instrument for examination or
signature does not constitute a reservation or option, and it is not effective until execution by
and delivery to both Landlord and Tenant.




          4. Definitions. Except as otherwise provided herein, the capitalized terms used in
this Amendment shall have the definitions set forth in the Lease.




          5. Entire Agreement. The Lease, as amended by this Amendment, constitutes the entire
agreement between Landlord and Tenant regarding the Lease and the subject matter contained herein
and supersedes any and all prior and/or contemporaneous oral or written negotiations, agreements or
understandings.




          6. Lease Ratification. The Lease, as modified herein, is in full force and effect,
and the parties hereby ratify the same. The Lease and this Amendment shall be binding upon the
parties and their respective successors and assigns. To the extent the terms and conditions of the
Lease conflict with or are inconsistent with this Amendment, the terms and conditions of this
Amendment shall control.




          7. Counterparts. This Amendment may be executed in counterparts, each of which shall
be deemed a part of an original and all of which together shall constitute one agreement.
Signature pages may be detached from the counterparts and attached to a single copy of this
Amendment to form one document.




[signatures appear on the following page]




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810 DSW Drive






          IN WITNESS WHEREOF, the parties have caused this Amendment to be executed on the day and year
first written above.




	 	 	 	 	 
	 	LANDLORD:

4300 VENTURE 34910 LLC,

a Delaware limited liability company

 	 
	 	By:  	4300 EAST FIFTH AVENUE LLC,
 	 
	 	 	an Ohio limited liability company, 	 
	 	 	its Member 	 
	 
	 	 	 
	 	By:  	JUBILEE-AIRCENTER, L.L.C.,
 	 
	 	 	a Delaware limited liability company, 	 
	 	 	its Managing Member 	 
	 
	 	 	 
	 	By:  	JUBILEE LIMITED PARTNERSHIP,
 	 
	 	 	an Ohio limited partnership, 	 
	 	 	its Managing Member 	 
	 
	 	 	 
	 	By:  	SCHOTTENSTEIN PROFESSIONAL
 	 
	 	 	ASSET MANAGEMENT CORPORATION, 	 
	 	 	a Delaware corporation,

its General Partner 	 
	 
	 	 	 
	 	By:  	/s/ Jay
Schottenstein 	 
	 	 	Print Name: Jay
Schottenstein 
	 	 
	 	 	Title:  	President 

	 
	 	TENANT:

DSW INC.

an Ohio corporation

 	 
	 	By:  	/s/ William
L. Jordan 	 
	 	 	Print Name: William
L. Jordan
	 
	 	 	Title:  	VP/General
Councel 	 



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