Exhibit 10.7.1
LEASE AMENDMENT NO. 1
Reference is hereby made to that certain Lease Agreement (the "Lease")
dated December 5, 2000 by and between The Northwestern Mutual Life Insurance
Company, as Landlord, and CAI, L.P., as Tenant, covering the Premises known as
4810 Eisenhauer Road, Suite 240, San Antonio, Texas and comprising approximately
118,080 square feet.
WHEREAS, Landlord and Tenant now wish to amend certain terms and conditions
of the Lease, the following shall apply:
1. Expansion Area. Commencing on February 1, 2002, the Premises shall be
expanded to include an additional area of approximately 78,720 square
feet (the "Expansion Area") as described by attached Exhibit "A"
thereby giving a Premises of approximately 196,800 square feet.
2. Leasehold Improvement Allowance. Landlord shall provide a Leasehold
Improvement Allowance of up to $78,720 to be applied toward the cost
of Tenant's leasehold improvements to the Expansion Area. Landlord
shall pay to Tenant, within ten (10) days after the full execution of
this agreement by both parties, the allowance called for in this
paragraph. Prior to commencement of construction, Tenant shall submit
plans and specifications for Landlord's reasonable approval. Tenant
further agrees that all improvements shall be constructed in a good
and workmanlike manner by a general contractor reasonably approved by
Landlord in advance and in accordance with all applicable statutes,
laws, regulations, permits, licenses and other legal requirements.
Landlord shall require Tenant provide the following as soon as
possible;
A. A Certificate of Occupancy issued by the City of San Antonio; and
B. A release and waiver of liens by the general contractor, holding
Landlord harmless from any obligation whatsoever which may be or
may have been incurred by Tenant or Tenant's contractors or
subcontractors, during the construction of the Leasehold
Improvements.
Landlord shall allow Tenant access to the Expansion Area on the date
hereof for the purpose of constructing its leasehold improvements and
for setting up operations.
3. Base Rent. Commencing on February 1, 2001, monthly Base Rent pursuant
to Paragraph 2A of the Lease shall be as follows:
February 1, 2002 through February 29, 2004 $60,220.00
March 1, 2004 through February 28, 2006 $62,976.00
March 1, 2006 through February 28, 2009 $65,731.00
March 1, 2009 through March 31, 2011 $68,487.00
4. Proportionate Share. Commencing on February 1, 2002, Tenant's
Proportionate Share as defined by Paragraph 22B shall be 66.6667%.
5. In the event of a conflict between the terms and provisions of this
Lease Amendment and the terms and provisions of the Lease Agreement,
the terms and provisions of this Lease Amendment shall prevail.
6. Except as amended herein, the Lease Agreement shall remain in full
force and effect and Landlord and Tenant hereby ratify and affirm the
Lease Agreement as amended by instrument.
EXECUTED this 2nd day of November, 2001.
LANDLORD:
THE NORTHWESTERN MUTUAL
LIFE INSURANCE COMPANY
By: Cavender & Hill Properties, Inc.
Its: Managing Agent
BY: /s/ J. Mark Cavender
--------------------------------
J. Mark Cavender
Its: President
TENANT:
CAI, L.P.
By: Conn Appliances, Inc.,
A Texas Corporation
Its: General Partner
By: /s/ Thomas J. Frank
--------------------------------
Thomas J. Frank
Its: President
EXHIBIT A
EXPANSION AREA
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