exv10w6



 







EXHIBIT 10.6




AMENDMENT No. 2 TO LEASE AGREEMENT




     This Amendment No. 2 to Lease Agreement (the “Second Amendment”) is made and entered
into this 27 day of February, 2003, by and between San Antonio Technology Center Corporation, a
Delaware Corporation, as successor to Medical Plaza Partners, Ltd. (the “Landlord”) and Pan
American Acceptance Corporation, (the “Tenant”).



WITNESSETH:




     WHEREAS, Landlord and Tenant have entered into that certain Lease Agreement dated
February 18, 1997, and that certain Amendment No. 1 to Lease Agreement dated June 10, 2002 for
the premises consisting of 18,091 rentable square feet located at 7411 John Smith Drive, Suites
1400, 1220 and 1225, San Antonio, Texas, and,



     WHEREAS, the Lease is incorporated herein by reference; and



     WHEREAS, Landlord and Tenant desire to amend and revise the Lease as hereinafter set forth.



     NOW, THEREFORE, the parties hereto agree that effective April 1, 2003, the Lease Agreement
is amended as follows:




1.) PREMISES: Effective April 1, 2003 the Premises as described in the above
mentioned Lease Agreement shall hereby be expanded by 813 RSF and be defined as Suite
1215 for a new total of 18,904 RSF as shown on Exhibit “A-1”:




2.) BASIC RENT: Commencing April 1, 2003 the “Basic Rent” as stated in
Paragraph 2 of the Amendment No. 1 to Lease Agreement shall be as follows:



	 	 	 	 	 
	 

	 	April 1, 2003 — June 30, 2007
	 	$22,934.00 per month







3.) BROKERAGE: Landlord and Tenant each warrant to the other that it has not
dealt with any broker or agent in connection with the negotiation or execution of
this Amendment other than Trammell Crow Central Texas, Ltd. and The Pinnacle Group,
whose commission shall be paid by Landlord pursuant to separate written agreements
related thereto. Tenant and Landlord shall each indemnify the other against all
costs, expenses, attorneys’ fees, and other liability for commissions or other
compensation claimed by any other broker or agent claiming the same by, through, or
under the indemnifying party.




6.) RATIFICATION: Tenant hereby ratifies and confirms its obligations under the
Lease, and represents and warrants to Landlord that it has no defenses thereto.
Additionally, Tenant further confirms and ratifies that, as of the date hereof, (a)
the Lease is and remains in good standing and in full force and effect, (b) Tenant
has no claims, counterclaims, set-offs or defenses against Landlord arising out of
the Lease or in any way relating thereto or arising out of any other transaction
between Landlord and Tenant, and (c) except as expressly provided for in this
Amendment, all tenant finish-work allowances provided to Tenant under the Lease or
otherwise, if any, have been paid in full by Landlord to Tenant, and Landlord has no
further obligations with respect thereto, (d) Landlord has made no representations or
warranties with respect to the condition of the Premises.




7.) BINDING EFFECT: GOVERNING LAW: Except as modified hereby, the Lease
shall remain in full effect and this Amendment shall be binding upon Landlord and
Tenant and their respective successors and assigns. If any inconsistency exists or
arises between the terms of the Lease and the terms of this Amendment, the terms of
this Amendment shall prevail. This Amendment shall be governed by the laws of the
State in which the Premises are located.




8.) COUNTERPARTS: This Amendment may be executed in multiple counterparts,
each of which shall constitute an original, but all of which shall constitute one
document.




9.) CONTIGENCY: This expansion is contingent upon the existing Tenant, Byron P.
Jordan, Jr., executing that certain document to terminate for the same Leased
Premises. In the event the termination has not been executed by Tenant no later than
February 21, 2003, occupancy shall occur forty-five (45) days after the execution of
amendment to terminate.



 









 

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10.)
TENANT IMPROVEMENTS: Tenant shall be allowed to allocate $6,216.93 of
their refurbishment allowance remaining from Amendment No. 1. These costs shall only
include the finishout costs and architectural fees. All construction shall be
constructed by Landlord’s approved contractor and shall consist of the following
improvements: demo existing walls, repair, tape and float wall intersections, paint
existing, relocate light fixtures, new carpet and base throughout, replace damaged
ceiling tiles, install fire alarm speaker/strobe and smoke detectors, install 3 new 110
volt dedicated furniture whips, new Designweave, Orleans, 867-267 Desert Sunset carpet
and new vinyl base. Landlord’s projected cost is
$8,376.60; any excess costs
shall be paid to Landlord prior to the commencement of construction.


Except as an amended herein, the Lease shall remain in full force and effect and Landlord and
Tenant hereby ratify and affirm the Lease as amended by this instrument.




     EXECUTED this day and year first above written.



	 	 	 	 	 	 	 	 	 
	LANDLORD:	 	 	 	TENANT:
	 
	 	 	 	 	 	 	 	 
	San Antonio Technology Center Corporation,

a Delaware Corporation	 	 	 	Pan American Acceptance Corporation
	 
	 	 	 	 	 	 	 	 
	By:

	 	Lend Lease Real Estate
Investments, Inc.	 	 	 	 	 	 
	Its:

	 	Advisor	 	 	 	 	 	 
	 
	 	 	 	 	 	 	 	 
	By:

	 	/s/ Karen Huston
	 	 	 	By:
	 	/s/ Don Cangelosi
	 

	 	 
	 	 	 	 	 	 
	Name: Karen Huston	 	 	 	Name: Don Cangelosi
	Title: Vice President	 	 	 	Title: President






 









 





EXHIBIT “A-1"




SUITE 1215

813 RSF










LEVEL 12

ONE TECHNOLOGY CENTER