Exhibit 10.58.2





Exhibit 10.58.2




FIRST LEASE AMENDMENT




THIS FIRST LEASE AMENDMENT (“Amendment”) is executed this 1st day of February, 2010, by and
between KSK SCOTTSDALE MALL, L.P., a Delaware limited partnership (“Landlord”), and DSW SHOE
WAREHOUSE, INC., a Missouri corporation (“Tenant”).



BACKGROUND:




A. Landlord and Shonac Corporation, predecessor-in-interest to Tenant entered into a certain
Lease Agreement dated December 8, 2004, as assigned (the “Lease”) whereby Tenant leases from
Landlord and Landlord leases to Tenant certain premises consisting of approximately 26,069 square
feet of space located in a shopping center commonly known as Erskine Village, located in the City
of South Bend, County of St. Joseph, State of Indiana.




B. Landlord and Tenant desire to amend the Lease in order to revise the Minimum Rent.



NOW, THEREFORE, in consideration of the foregoing, 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. Minimum Rent Tenant shall pay monthly Minimum Rent in the amount of $23,896.58
beginning November 1, 2009 through October 31, 2010 (Lease Year 5). Tenant shall pay monthly
Minimum Rent in the amount of $34,758.66 beginning November 1, 2015 through October 31, 2017 (Lease
Years 11 and 12). Except as set forth herein, all rents and other amounts payable by Tenant remain
unchanged.



2. Incorporation of Background. The above Background paragraphs 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.



8. Prohibited Persons and Transactions. To the best of its knowledge, neither Tenant
nor any of Tenant’s parent, subsidiary or other entity controlled by or under common control with
such parent or subsidiary (an “Affiliate”) is listed, controlled by, or acting for, or on behalf of
any person or entity, appearing on the U.S. Treasury Department’s Office of Foreign Assets Control
list of restrictions and prohibited persons or any
replacement thereof (the “OFAC List”). To the best of its knowledge, neither Landlord nor any
Affiliate of Landlord is listed, controlled by, or acting for, or on behalf of any person or
entity, appearing on the OFAC List.



9. Voidable if Not Fully Executed. If a fully-executed original of this Amendment is
not received by Tenant at 810 DSW Dr., Columbus, Ohio 43219 before the date that is 60 calendar
days following the execution of this Amendment by Tenant, then this Amendment shall be voidable by
Tenant at its option by giving written notice to Landlord under this paragraph.



[signatures appear on the following page]




 


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



	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	LANDLORD:	 	 	 	TENANT:	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	KSK SCOTTSDALE MALL, L.P.,	 	 	 	DSW SHOE WAREHOUSE, INC.,	 	 
	a Delaware limited partnership	 	 	 	a Missouri corporation	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	By: 	JUBILEE-SCOTTSDALE LLC,	 	 	 	 	 	 	 	 
	 	 	an Ohio limited liability company	 	 	 	By:	 	/s/ William L. Jordan
 	 	 
	 	Its:	General Partner	 	 	 	 	 	William L. Jordan, EVP/General Counsel	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	By:	 	JUBILEE LIMITED PARTNERSHIP,

an Ohio limited partnership	 	 	 	 	 	 	 	 
	 	 	Its:	 	Member	 	 	 	 	 	 	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	By:	 	SCHOTTENSTEIN PROFESSIONAL

ASSET MANAGEMENT
CORPORATION,

a Delaware corporation	 	 	 	 	 	 	 	 
	 

	 	 	 	Its:
	 	General Partner	 	 	 	 	 	 	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 

	 	 	 	By:
	 	/s/ Jay Schottenstein
 

	 	 	 	 	 	 	 	 
	 

	 	 	 	 	 	Its:
	 	Chairman	 	 	 	 	 	 	 	 






{acknowledgements on next page}




	 	 	 	 	 	 	 
	STATE OF

	 	 

	 	) 
	 	 
	 

	 	 	 	) ss:	 	 







 


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