EXHIBIT 10.22
SECOND ADDENDUM TO LEASE
This Second Addendum To Lease is made and entered into the 17th day of November,
1995, between Conifer Prince Street Associates (Landlord) and DSMI Corporation
(Tenant).
WITNESSETH: that Tenant currently leases and occupies approximately 5,504 square
feet of office space at 00 Xxxxxx Xxxxxx, Xxxxxxxxx, Xxx Xxxx 00000 pursuant to
a Lease Agreement and First Addendum To Lease, dated February 22, 1995 and
August 18, 1995, respectively.
WHEREAS, Tenant and Landlord desire to expand Tenant's Lease Premises to include
approximately 1,720 square feet of office space located on the lower level of
the Building as illustrated by Exhibit A-2 attached hereto and made part of this
Second Addendum To Lease.
NOW, THEREFORE, it is mutually agreed upon by Landlord and Tenant to modify
certain provisions of the Lease as follows:
1. Effective upon full execution of this Second Addendum To Lease,
Tenant's lease premises shall be approximately 7,224 rentable square feet.
2. Effective December 1, 1995, Tenant agrees to pay, in addition to its
Base Rent as stated in the First Addendum To Lease, the following
monthly Base Rent:
Period $/Sq.ft. Monthly
--------------- -------- --------
Month-to-Month Base Rent
-------------- ---------
12/1/95-2/28/96 $12.50 $1,096.88
3/1/96-2/28/97 $13.00 $1,140.75
3/1/97-2/28/98 $13.50 $1,184.63
3/1/98-2/28/99 $14.00 $1,228.50
3/1/99-9/30/99 $14.50 $1,272.38
4. Landlord or Tenant may terminate this Second Addendum To Lease by
providing the other with thirty (30) days prior written notice of its
desire to terminate the provisions of this Second Addendum To Lease.
5. Effective upon full execution of this Second Addendum To Lease,
Schedule A-2 of the Lease Agreement shall be replaced by Schedule A-3,
attached and made a part of this Second Addendum To Lease.
Except as modified above, all other terms and conditions of the Lease Agreement
and First Addendum To Lease, dated February 22, 1995 and August 18, 1995,
respectively, shall remain unchanged and in full force and effect.
Agreed to by: Agreed to by:
DSMI CORPORATION CONIFER PRINCE STREET ASSOCIATES
By: /s/ Xxxxxx X. Xxxxxxxx By: /s/ Xxxxxx X. Xxxxxxxx
Agent for Owner
Date: November 17, 1995 Date: November 17, 1995
SCHEDULE A-3
COMMON AREA MAINTENANCE
ADDITIONAL RENT
UTILITIES
Total Square Footage of Building 30,375
Square Footage Covered by Lease 7,224
Tenant's Share Electric 23.78%
ADDITIONAL RENT
Heating and Air Conditioning
The heat pump units serving the leased premises shall be individually gauged and
the monthly charges shall be calculated as set forth on the attached and further
explained as follows:
1. The heat pump units serving the lease premises shall be identified by model
number.
2. The actual heat pump operating hours will be recorded for each month (column
3) and multiplied by the energy use factor (column 4) applicable to the heat
pump model to establish the total energy units (column 5).
3. The total energy units for all heat pumps is then added to the total
auxiliary usage to establish the grand total usage and energy cost (total KWH)
for the building.
4. The grand total usage and energy cost is multiplied by the utility company's
rate per KWH to establish the total cost for kilowatt hours.
5. The total KWH are divided by the total heat pump usage and charges to
establish the heat pump hourly rate (column 6).
6. The monthly tenant charge is the heat pump hourly rate multiplied by the
total energy units (column 5).
7. Tenant will also pay 23.78% of general usage/common area electric.
ADDITIONAL RENT
Real Estate and Insurance Escalation
In addition to the rents set forth in the Lease, and heretofore in this
Schedule, with 1995 as the base year, Tenant shall pay 23.78% of the increase in
real estate taxes and other government levies in lieu of taxes (payable in
October of the following year), and 23.78% of the increase in property and
liability insurance premiums (payable in February of the following year).