EXHIBIT 10.22
SUBLEASE AGREEMENT
XXXXX AND XXXXX XXXXX, d/b/a CARGOCARE AND
INSYNQ DATA UTILITIES
SEAFIRST PLAZA BUILDING, TACOMA, WASHINGTON
This SUBLEASE AGREEMENT made this 1/st/ day of November, 1999, between XXXXX
XXXXX AND XXXXX XXXXX, d/b/a CARGOCARE ("Sublessor"), and INSYNQ DATA UTILITIES
("Sublessee"),
NOW THEREFORE, as parties hereto, Sublessor and Sublessee agree:
WHEREAS, Landlord, Bank of America NT & SA, d/b/a Seafirst Bank, ("Landlord")
and Xxxxx Xxxxx and Xxxxx Xxxxx, d/b/a Cargocare entered into a Lease dated
August 24, 1998 ("Master Lease"), for certain premises located in the County of
Xxxxxx, City of Tacoma, State of Washington, more commonly known as the Xxxxxxxx
Xxxxx xxxxxxxx, Xxxxxxxxx xxxxxx xx Xxxxx 0xx & A Streets, 1,608 square feet
located on the fifth floor Tacoma, Washington, and,
WHEREAS, Sublessee desires to sublet all of the Premises as described in the
Master Lease (the "Premises") from Sublessor on the terms and conditions
contained in this Sublease,
NOW THEREFORE, for good, valuable and sufficient consideration by each party
hereto to the other paid, receipt of which is hereby mutually acknowledged,
Sublessor and Sublessee do hereby confirm their understanding and agreement as
follows:
TERM
1. The term shall commence on August 1, 2000, and shall expire on July 31,
2003.
BASE RENT
2. The monthly base rent for the Premises shall be as follows:
MONTHS RENT/S.F./YEAR BASE RENT/MONTH
------ -------------- ---------------
8/1/2000 - 7/31/03 $18.50/S.F./Year $2,479.00
PARKING
3. Sublessor shall provide Sublessee with two (2) unreserved parking permits
for the Seafirst Plaza Building for the term of the Sublease Agreement.
Sublessee shall reimburse Sublessor for the cost of the parking permits
during the term of this Sublease Agreement.
Reaffirmation
4. Except as herein extended, modified, supplemented, or amended, all of the
terms, covenants and conditions of the Lease Agreement dated August 24,
1998, attached hereto as Exhibit A, shall remain in full force and effect
as heretofore written, and the Lease as extended, modified, supplemented
and amended by this Sublease Agreement is hereby ratified and confirmed in
every respect by Sublessor and Sublessee.
IN WITNESS WHEREOF, Sublessor and Sublessee by their respective officers, have
caused this Sublease Agreement to be signed in triplicate as of the day and year
first above written.
Sublessee: INSYNQ DATA UTILITIES Sublessor: XXXXX XXXXX AND
XXXXX XXXXX d/b/a
CARGOCARE CO.
By: /s/ XXXXXXX XXXXXX By: /s/ XXXXX & XXXXX XXXXX
-------------------------- --------------------------
By: /s/ E. XXXXXXX XXXXXX Its: V Pres/Pres
-------------------------- -------------------------
Date: 11/8/99 Date: 11/11/99
------------------------ ------------------------
LANDLORD'S ACKNOWLEDGEMENT
Per Section 10, Assignment and Subletting, of the Lease dated August 24, 1998
between Bank of America NT & SA, d/b/a Seafirst Bank, ("Landlord") and Xxxxx
Xxxxx and Xxxxx Xxxxx d/b/a Cargocare ("Tenant") for certain premises located in
the County of Xxxxxx, City of Tacoma, State of Washington, more commonly known
as the Seafirst Plaza Building, northwest corner of South 9/th/ & A Streets,
1,608 square feet located on the fifth floor Tacoma, Washington, this
acknowledgement shall serve as Landlord's written approval of Tenant's Sublease
Agreement attached hereto.
By signing below, Landlord acknowledges its approval of Tenant's Sublease
Agreement:
LANDLORD
BANK OF AMERICA NA
By: /s/ [ILLEGIBLE]
-------------------------
Its: VP
------------------------
Date: 11/24/99
-----------------------
Sublessor Notary
STATE OF WASHINGTON }
} SS.
County of XXXXXX }
I certify that I know or have satisfactory evidence that Xxxxx & Xxxxx Xxxxx
(is/are) the person(s) who appeared before me, and said person(s) acknowledged
that (he/she/they) signed this instrument and acknowledged it to be
(his/her/their) free and voluntary act for the uses and purposes mentioned in
this instrument.
DATED: 11/11/99
-----------------------
/s/ XXXXXXX X. XXXXXXX
------------------------------------------------
Name (typed or printed): Xxxxxxx X. Xxxxxxx
------------------------
NOTARY PUBLIC in and for the State of Washington
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Residing at University Place
-------------------------------------
My appointment expires: 6/19/03
------------------------
Sublessee Notary
STATE OF WASHINGTON }
} SS.
County of Xxxxxx }
I certify that I know or have satisfactory evidence that M. Xxxxxxx Xxxxxx
-----------------
(is/are) the persons(s) who appeared before me, and said person(s) acknowledged
that (he/she/they) signed this instrument, on oath stated that (he is/she
is/they are) authorized to execute the instrument and acknowledged it as the
Controller of Insynq Data Utilities to be the free and voluntary act of such
---------- ---------------------
party for the uses and purposes mentioned in this instrument.
DATED: 11-8-99
-----------------------
/s/ XXXXX X. XXXXXX
---------------------------------------------
Name (typed or printed): XXXXX X. XXXXXX
-------------------
NOTARY PUBLIC in and for the State of WA
-------
Residing at [ILLEGIBLE]
--------------------------------
My appointment expires: 1-14-2002
--------------------
Landlord Notary
STATE OF WASHINGTON }
} SS.
County of King }
I certify that I know or have satisfactory evidence that Xxxxxx X. Xxxx
--------------
(is/are) the persons(s) who appeared before me, and said person(s) acknowledged
that (he/she/they) signed this instrument, on oath stated that (he is/she
is/they are) authorized to execute the instrument and acknowledged it as the
Vice President of Bank of America NA to be the free and voluntary act of such
-------------- ------------------
party for the uses and purposes mentioned in this instrument.
DATED: November 24, 1999
-----------------------
/s/ XXXXXXX X. XXXXX XXXXXXXX
---------------------------------------------------
Name (typed or printed): Xxxxxxx X. Xxxxx XxXxXxxx
[NOTARY PUBLIC SEAL OF -------------------------
XXXXXXX X. XXXXX XXXXXXXX NOTARY PUBLIC in and for the State of WA
APPEARS HERE] -------------
Residing at Poulsbo
--------------------------------------
My appointment expires: 4-21-03
--------------------------
STATE OF WASHINGTON }
} SS.
County of King }
I certify that I know or have satisfactory evidence that Xxxxxxx X. Xxxxxx
-----------------
is the persons(s) who appeared before me, and said person(s) acknowledged that
he signed this instrument, on oath stated that he authorized to execute the
instrument and acknowledged it as the Director of Finance of KCPQ Inc. to be the
-------------------
free and voluntary act of such party for the uses and purposes mentioned in this
instrument.
DATED: 11-18-99
-----------------------
/s/ XXXXXX X. XXXX
------------------------------------------------
Name (typed or printed): Xxxxxx X. Xxxx
[NOTARY PUBLIC SEAL OF ----------------------
XXXXXX X. XXXX NOTARY PUBLIC in and for the State of Washington
APPEARS HERE] ----------
Residing at Seattle
-----------------------------------
My appointment expires: 2-17-02
-----------------------
Landlord Notary
STATE OF WASHINGTON }
} SS.
County of King }
I certify that I know or have satisfactory evidence that Xxxxxx X. Xxxx
--------------
(is/are) the persons(s) who appeared before me, and said person(s) acknowledged
that (he/she/they) signed this instrument, on oath stated that he authorized to
execute the instrument and acknowledged it as the Vice President of Bank of
-------------- -------
America NA to be the free and voluntary act of such party for the uses and
----------
purposes mentioned in this instrument.
DATED: November 24, 1999
-----------------------
/s/ XXXXXXX X. XXXXX XXXXXXXX
---------------------------------------------------
Name (typed or printed): Xxxxxxx X. Xxxxx XxXxXxxx
[NOTARY PUBLIC SEAL OF -------------------------
XXXXXXX X. XXXXX XXXXXXXX NOTARY PUBLIC in and for the State of WA
APPEARS HERE] -------------
Residing at Poulsbo
--------------------------------------
My appointment expires: 4-21-03
--------------------------
SUBLEASE AGREEMENT
XXXXX TELEVISION CO., AND
XXXXX AND XXXXX XXXXX, d/b/a CARGOCARE AND
INSYNQ DATA UTILITIES
SEAFIRST PLAZA BUILDING, TACOMA, WASHINGTON
This SUBLEASE AGREEMENT made this 1st day of November, 1999, between and XXXXX
XXXXX AND XXXXX XXXXX, d/b/a CARGOCARE ("Sublessor"), and INSYNQ DATA UTILITIES
("Sublessee"),
NOW THEREFORE, as parties hereto, Sublessor and Sublessee agree:
WHEREAS, Landlord, Bank of America NT & SA, d/b/a Seafirst Bank, ("Landlord")
and Xxxxx Television Co., a Washington partnership (d/b/a KCPG) entered into a
Lease dated July 1, 1997 ("Master Lease"), and whereas Xxxxx Television Co., a
Washington partnership (d/b/a KCPG) and Xxxxx Xxxxx and Xxxxx Xxxxx, d/b/a
Cargocare entered into a Sublease Agreement dated September 10, 1999 for certain
premises located in the County of Xxxxxx, City of Tacoma, State of Washington,
more commonly known as the Seafirst Plaza Building, northwest corner of South
9/th/ & A Streets, 1,608 square feet located on the fifth floor Tacoma,
Washington, and,
WHEREAS, Sublessee (Insynq Data Utilities) desires to sublet all of the Premises
as described in the Master Lease (the "Premises") from Sublessor (Xxxxx Xxxxx
and Xxxxx Xxxxx, d/b/a Cargocare) on the terms and conditions contained in this
Sublease, and,
WHEREAS, Sublessor desires to sublet all of the Premises as described in the
Master Lease (the "Premises") to Sublessee on the terms and conditions contained
in this Sublease, and,
NOW THEREFORE, for good, valuable and sufficient consideration by each party
hereto to the other paid, receipt of which is hereby mutually acknowledged,
Sublessor and Sublessee do hereby confirm their understanding and agreement as
follows:
Term
1. The term shall commence on November 15, 1999, and shall expire on July 31,
2000.
Base Rent
5. The monthly base rent for the Premises shall be as follows:
Months Rent/S.F./Year Base Rent/Month
------ ------------------- ---------------
11/15/99 - 7/31/00 $17.50/S.F./Year $2,345.00
Parking
3. Sublessor shall provide Sublessee with two (2) unreserved parking permits
for the Seafirst Plaza Building for the term of the Sublease Agreement.
Sublessee shall reimburse Sublessor for the cost of the parking permits
during the term of this Sublease Agreement.
Reaffirmation
4. Except as herein extended, modified, supplemented, or amended, all of the
terms, covenants and conditions of the Lease Agreement dated July 1, 1997,
attached hereto as Exhibit A, shall remain in full force and effect as
heretofore written, and the Lease as extended, modified, supplemented and
amended by this Sublease Agreement is hereby ratified and confirmed in every
respect by Sublessor and Sublessee.
5. Except as herein extended, modified, supplemented, or amended, all of the
terms, covenants and conditions of the Sublease Agreement dated August 24,
1998, attached hereto as Exhibit B, shall remain in full force and effect as
heretofore written, and the Lease as extended, modified, supplemented and
amended by this Sublease Agreement is hereby ratified and confirmed in every
respect by Sublessor and Sublessee.
IN WITNESS WHEREOF, Sublessor and Sublessee by their respective officers, have
caused this Sublease Agreement to be signed in triplicate as of the day and year
first above written.
Sublessee: INSYNQ DATA UTILITIES Sublessor: XXXXX XXXXX AND
XXXXX XXXXX d/b/a
CARGOCARE CO.
By: /s/ M. XXXXXXX XXXXXX By: /s/ XXXXX XXXXX AND XXXXX XXXXX
------------------------------ --------------------------------
By: E. Xxxxxxx Xxxxxx Its: [Illegible]
------------------------------ --------------------------------
Date: 11/8/99 Date: 11/11/99
---------------------------- --------------------------------
LANDLORD'S ACKNOWLEDGEMENT
Per Section 10, Assignment and Subletting, of the Lease dated July 1, 1997
between Bank of America NT & SA, d/b/a Seafirst Bank, ("Landlord") and Xxxxx
Television Co., a Washington partnership (d/b/a KCPQ) ("Tenant") for certain
premises located in the County of Xxxxxx, City of Tacoma, State of Washington,
more commonly known as the Seafirst Plaza Building, northwest corner of South
9/th/ & A Streets, 1,608 square feet located on the fifth floor Tacoma,
Washington, this acknowledgement shall serve as Landlord's written approval of
Tenant's Sublease Agreement attached hereto.
By signing below, Landlord acknowledges its approval of Tenant's Sublease
Agreement
LANDLORD
BANK OF AMERICA
By: /s/ ILLEGIBLE
---------------------------------
Its: VP
---------------------------------
Date: 11/24/99
-------------------------------
SUBLESSOR OF THE FIRST SUBLEASE AGREEMENT DATED
AUGUST 24, 1998 ACKNOWLEDGEMENT
This acknowledgement shall serve as written approval by KCPQ Inc. a Delaware
corporation (d/b/a KCPQ) of Xxxxx Xxxxx and Xxxxx Xxxxx, d/b/a Cargocare to
this Sublease Agreement attached hereto.
By signing below, by KCPQ Inc. a Delaware corporation (d/b/a KCPQ)
acknowledges its approval of this Sublease Agreement:
KCPQ Inc. a Delaware corporation (d/b/a KCPQ)
By: /s/ XXXXXXX X. XXXXX
---------------------------------
Its: Director of Finance
---------------------------------
Date: 11/18/99
-------------------------------
STATE OF WASHINGTON }
} SS.
County of Xxxxxx }
I certify that I know or have satisfactory evidence that M. Xxxxxxx Xxxxxx
-----------------
(is/are) the person(s) who appeared before me, and said person(s) acknowledged
that (he/she/they) signed this instrument and acknowledged it to be
(his/her/their) free and voluntary act for the uses and purposes mentioned in
this instrument.
DATED: 11-8-99
---------------
/s/ XXXXX X. XXXXXX
------------------------------------------------
Name (typed or printed): Xxxxx X. Xxxxxx
----------------------
NOTARY PUBLIC in and for the State of WA
----------
Residing at [Illegible]
------------------------------------
My appointment expires: 1-14-2002
-----------------------
STATE OF WASHINGTON }
} SS.
County of Xxxxxx }
I certify that I know or have satisfactory evidence that Xxxxx & Xxxxx Xxxxx
-------------------
(is/are) the persons who appeared before me, and said person(s) acknowledged
that (he/she/they) signed this instrument, on oath stated that (he is/she
is/they are) authorized to execute the instrument and acknowledged it as the
Pres/V. Pres of Cargocare to be the free and voluntary act of such party for
------------ ---------
the uses and purposes mentioned in this instrument.
DATED: 11-8-99
---------------
/s/ XXXXXXX X. XXXXXXX
------------------------------------------------
Name (typed or printed): Xxxxxxx X. Xxxxxxx
----------------------
NOTARY PUBLIC in and for the State of Washington
----------
Residing at University Place
------------------------------------
My appointment expires: 6/19/03
-----------------------
[DIAGRAM]
[LETTERHEAD]
September 17, 1999
INSYNQ
000 Xxxxx Xxxxx, Xxxxx 000
Xxxxxx, XX 00000
Thank you for your check in the amount of $13,500 in payment for one lot of
furniture purchased from Seafirst Bank.
Attached are two forms which we would appreciate you completing and sending them
to the following address.
Procurement Services Division
Attention: Xxx Xxxxxx
Bank of America
0000 Xxxxxxx Xxxxxx
Xxxxxxxxx, XX 00000
Thank you for your attention to this matter.
Sincerely,
/s/ XXXX XXXXXX
Xxxx Xxxxxx
customer Service
Encls.
cc: Xxx Xxxxxx
[LETTERHEAD]
[LETTERHEAD]
PROCUREMENT SERVICES DIVISION Xxxx of Sale
0000 Xxxxxxx Xxxxxx - Xxxxxxxxx, XX 00000
FOR VALUABLE CONSIDERATION, as set forth on Exhibit A, attached hereto and made
a part hereof by this reference, Bank of America National Trust and Savings
Association ("Bank") hereby sells, assigns, and transfers all of its right,
title, and interest in the personal property described on Exhibit A ("Goods")
to the following party ("Buyer"):
Name INSYNQ, INC. .
-------------------------------------------------
Address 000 Xxxxx Xxxxx, Xxxxx 000, Xxxxxx, XX 00000 .
-------------------------------------------------
Phone .
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Bank warrants that its right, title, and interest in the Goods is free from all
claims, liens, security interests and encumbrances.
THE GOODS ARE SOLD TO BUYER "AS IS" AND WHEREVER NOW LOCATED AND BANK HAS NOT
MADE, AND DOES NOT HEREBY MAKE, ANY REPRESENTATION OR WARRANTY WITH RESPECT TO
THE MERCHANTIBILITY, CONDITION, QUALITY, DESCRIPTION, DURABILITY, OR SUITABILITY
OF GOODS FOR THE PURPOSES AND USES OF BUYER, INCLUDING BUT NOT LIMITED TO ANY
WARRANTY OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT AS
PROVIDED IN THE PRECEDING PARAGRAPH.
This Xxxx of Sale is binding on and inures to the benefit of the successors and
assigns of Buyer and Bank.
Buyer has sole responsibility for, and shall indemnify and hold Bank harmles
from, all costs and damages arising from any disassembly and/or removal of the
goods from the Bank's premises.
Buyer agrees to pay to Bank the purchase price set forth on Exhibit A and all
applicable sales and use taxes prior to the removal of the Goods from the Bank's
premises unless a valid Resale Permit Number is entered in the space provided
here:
$13,500.00 .
--------------------------------------------------
Buyer agrees it shall take all actions necessary to ensure that neither Buyer or
parties to whom Buyer may sell the goods shall use Bank's name or refer to Bank
directly or indirectly in any advertisement, sales presentation, news release,
or releases to any professional or trade publication without the prior written
consent of Bank. Buyer acknowledges that its failure to prevent such use of or
reference to Bank or its name may cause Bank to suffer damages, the amount of
which is difficult if not impossible to estimate at this time. Buyer agrees to
bear the full burden of such damages, which may include but shall not be limited
to, the cost of Bank legal expenses.
BUYER: BANK:
Signature /s/ E. XXXXXXX XXXXXX Signature .
--------------------------- ----------------------------
INSYNQ, INC.
Name M. XXXXXXX XXXXXX Name .
--------------------------- ----------------------------
Title Controller Title .
--------------------------- ----------------------------
Date 9/24/99 Date .
--------------------------- ----------------------------
[LOGO]
===================================================================================================================
Furniture Operations Exhibit A
Sending Unit [X] Sale [_] Donation
[_] Livermore #3046 [_] Anaheim #4046
Page 1 of 1 Date
----- ----- -----------------------------------------
To: INSYNQ, INC.
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Address: 000 Xxxxx Xxxxx, Xxxxx 000
---------------------------------------------------------------------------------------------------------
Xxxxxx, XX 00000
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Trailer # ----------------------------------------- Weight ----------------------------------------
Trailer # ----------------------------------------- Seal # ---------------------------------------
===================================================================================================================
QTY DESCRIPTION CODE WEIGHT UNIT PRICE TOTAL
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1 lot of miscellaneous office furniture $13,500.00
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Sub-Total
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Tax
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Total $13,500.00
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Released to Carrier/Customer: Received by Carrier: Received by Customer
By: By: By: /s/ E. XXXXXXX XXXXXX
------------------------------ ------------------------------ ------------------------------
Office No. Carrier Name: Customer Name: INSYNQ, INC.
----------------------- -------------------- --------------------
Date: Date: Date: 9/28/99
---------------------------- ---------------------------- -----------------------------
