Exhibit 10.39
SECOND AMENDMENT TO OFFICE
LEASE
THIS SECOND AMENDMENT TO OFFICE
LEASE (this “ Second Amendment ”) is
entered into between CRESCENT REAL ESTATE FUNDING VIII, L.P.
, a Delaware limited partnership (“ Landlord
”), and GAINSCO, INC. , a Texas corporation (“
Tenant ”).
A.
Landlord, and Tenant executed that
certain Office Lease dated as of May 3, 2005 (the “
Original Lease ”) covering certain space
designated as Suite 1200, containing approximately 20,585 square
feet of Rentable Area on the 12 th floor (the “
Original Premises ”) of the office building
located at 3333 Lee Parkway, Dallas, Texas (the “
Building ”).
B.
The Original Lease has been amended
by that certain First Amendment to Lease dated July 13, 2005 (the
“ First Amendment ”), pursuant to which
the Tenant leased an additional 11,130 Rentable Square Feet on the
11 th floor of the Building (the “ First
Preferential Space ”). The Original Lease, as
modified by the First Amendment is hereinafter collectively
referred to as the “ Lease ”. The
Original Premises as expanded by the First Preferential Space
collectively consists of 31,715 square feet of Rentable Area (the
“ Current Premises ”).
C.
Landlord and Tenant now desire to
amend the Lease as set forth below. Unless otherwise
expressly provided in this Second Amendment, capitalized terms used
in this Second Amendment shall have the same meanings as in the
Lease.
FOR GOOD AND VALUABLE CONSIDERATION,
the receipt and sufficiency of which are acknowledged, the parties
agree as follows:
1.
EXPANSION SPACE
. Tenant leases from Landlord an additional
8,749 square feet of Rentable Area in Suite 1100 on the 11
th floor of the Building (the “ Expansion
Space ”) as depicted on the attached Exhibit
A. The Lease term for the Expansion Space shall run
concurrent with the Term of the Lease. Effective upon the
Commencement Date (as defined in the Original Lease) the Expansion
Space shall be deemed a part of the Premises for all
purposes. Pursuant to Rider No. 2 of the Lease,
the Preferential Space has been reduced by the space Tenant has
leased under this Second Amendment and the First Amendment, and
there is no space remaining that is subject to Tenant’s
Preferential Right to Lease, which right shall be of no further
force or effect.
2.
RENT
.
(a)
Base Rent for the Expansion
Space .
Commencing upon the
Commencement Date and continuing through the Expiration Date
(“ CD ” and “ ED
”, respectively in the table below), the Base Rent due and
payable for the Expansion Space shall be as follows:
|
|
|
Period
|
|
|
|
Annual Rate
Per RSF
|
|
Monthly
Base Rent
|
|
|
CD
|
|
through
|
|
Month 18
|
|
$
|
0.00
|
|
$
|
0.00
|
|
|
Month 19
|
|
through
|
|
Month 36
|
|
$
|
17.50
|
|
$
|
12,758.96
|
|
|
Month 37
|
|
through
|
|
Month 60
|
|
$
|
18.50
|
|
$
|
13,488.04
|
|
|
Month 61
|
|
through
|
|
Month 84
|
|
$
|
19.50
|
|
$
|
14,217.13
|
|
|
Month 85
|
|
through
|
|
ED
|
|
$
|
20.50
|
|
$
|
14,946.21
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
(b)
Payment
. All rental shall be paid in accordance
with the terms and provisions of the Lease, as modified by this
Second Amendment.
3.
ADDITIONAL LEASEHOLD
IMPROVEMENTS AND CONSTRUCTION ALLOWANCE
. Paragraph 3 of the Work Letter
attached as Exhibit D to the Original Lease shall be
further amended to provide that the Construction Allowance shall
include an additional amount not to exceed $196,852.50, toward the
cost of constructing the Landlord Work within the Premises
(including the Original Premises, the First
3333 LEE PARKWAY / GAINSCO,
INC.
1
