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Exhibit 10.22
FIRST AMENDMENT TO
STANDARD LEASE AGREEMENT
THIS FIRST AMENDMENT TO STANDARD LEASE AGREEMENT (this "Amendment") is
made by and between LASALLE PARTNERS MANAGEMENT LIMITED (in its capacity as
agent for ▇▇▇▇▇▇ Street Limited Partnership, a Delaware limited partnership)
("Landlord") and WOLF COMMUNICATIONS COMPANY, a Texas corporation ("Tenant"),
effective this the 18th day of January, 1996 ("Effective Date").
W I T N E S S E T H
WHEREAS, Landlord and Tenant have entered into that certain Standard Lease
Agreement dated June 11, 1995 ("Lease"), for the lease of approximately 12,312
square feet of Agreed Rentable Area (the "Initial Space") located on Floor 7 at
the ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ Building ("Building") (the land on which the Building is
located is more particularly described in Exhibit "B" attached to the Lease),
all in accordance with the terms, conditions, covenants and obligations
contained in the Lease and the exhibits and riders attached to the Lease; and
WHEREAS, beginning on the Effective Date, Tenant desires to expand the
Initial Space to include approximately 10,948 square feet of Agreed Rentable
Area located on the 7th Floor of the Building, as shown on the attached Exhibit
"A" (the "Initial Expansion Space").
NOW, THEREFORE, in and for the premises contained in this Amendment and
other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, Landlord and Tenant agrees to amend the Lease as follows:
1. Item 2 of the Basic Lease Provisions is amended to reflect the addition of
the Initial Expansion Space to the Premises, and the Agreed Rentable Area
of the Premises beginning on the Effective Date shall read as follows:
Agreed Rentable Area: 23,260 square feat.
However, Tenant shall initially occupy only 6570 square feet of the
Initial Expansion Space. An additional 2189 square feet of Rentable Area
shall be added on the three (3) month anniversary of the Commencement Date
for the Initial Expansion Space and an additional 2189 square feet of
Rentable Area shall be added on the six (6) month anniversary of the
Commencement Date for the Initial Expansion Space.
2. Basic Rent for the Initial Expansion Space shall be as follows:
Rate Per Square Basic Basic
Rental Foot of Agreed Annual Monthly
Period Rentable Area Rent Rent
------ ------------- ---- ----
Months 1-3 $ 15.00 $ 98,550.00 $ 8,212.50
Months 4-6 $ 15.00 $ 131,385.00 $ 10,948.75
Months 7-expiration $ 15.00 $ 164,220.00 $ 13,685.00
of Initial Term
A "Lease Month" shall mean any calendar month during the Term of this
Lease. The amounts set forth above have been determined based on Tenant's
staged occupancy of the Initial Expansion Space.
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3. Item 4 of the Basic Lease Provisions is amended to reflect the addition of
the Initial Expansion Space and shall read as follow:
Tenant's Pro Rata Share Percentage: 2.966% (the Agreed Rentable Area of
the Premises divided by the Agreed Rentable Area of the Building,
expressed in a percentage).
4. The Initial Expansion Space shall become a part of the leased premises in
accordance with Rider 3 to the Lease and shall be governed by the
provisions or the Lease, except for the following matters:
(a) Tenant has as of the date hereof submitted to Landlord an additional
Security Deposit in the amount of $209,983.05 as contemplated by, and
which is to be held and renewed in accordance with, Article 3 of the
Lease.
(b) The Lease Cancellation Options contained in Section 13.701 shall apply
with respect to the entire Premises measured from the original
Commencement Date. However, the Cancellation Payment shall be increased to
reflect the increased unamortized leasing costs attributable to the
Initial Expansion Space: and at the time Tenant executes the Acceptance of
Premises Memorandum with respect to the Initial Expansion Space, Tenant
and Landlord agree to replace the existing Exhibit F to the Lease with a
revised Exhibit F reflecting such increase in the Cancellation Payment.
(c) The leasehold improvements in the Initial Expansion Space shall be
constructed in accordance with the Work Letter attached as Exhibit C to
the Lease, except as follows:
(i) The time frame for delivery of Construction Plans in Section 1.1
of Exhibit C shall run from the Effective Date and not the execution
of the Lease.
(ii) The Finish Allowance and other concessions for the Initial
Expansion Space shall be reduced in accordance with Rider 3 to the
Lease to $14.44 per square foot of Rentable Area within the Initial
Expansion Space. The foregoing amount is calculated based on a March
16, 1996 Commencement Date. Such amount shall be adjusted if the
Commencement Date for the Initial Expansion Space is other than
March 16, 1996, by using the following formula:
Finish Allowance = (remaining months of term / 72) x $16 per square foot
(iii) Landlord shall have no obligation to construct the Landlord's
Work act forth in Section 8(i), because that work has been
completed and accepted by Tenant.
5. Rider 2 shall be deleted from the Lease in its entirety.
6. The Opportunity Expansion Space and Tenant's rights under Rider 3 to the
Lease are expanded to cover all space on the 7th floor in accordance with
the terms of Paragraph A of Rider 3, subject to (a) prior rights of other
tenants in the Building and (b) renewals by tenants actually occupying
space on the 7th floor, whether or not such renewals are set forth in
their leases. As of the Effective Date, the only existing lease to which
Tenant takes subject is the lease with MCI Metro Access Transmission
Services, Inc. as shown on the attached Exhibit "B".
7. All capitalized terms used herein and not otherwise defined herein shall
have the meaning given to such terms in the Lease. Unless specifically
modified by the foregoing provisions, all of the terms and conditions of
the Lease shall remain unchanged and in full force and effect, it being
the intent of the parties to add the Initial Expansion Space to the
Premises.
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EXECUTED EFFECTIVE as of the Effective Date.
LANDLORD: TENANT:
LASALLE PARTNERS MANAGEMENT WOLF COMMUNICATIONS COMPANY
LIMITED, solely in its capacity as
agent for ▇▇▇▇▇▇ Stress Limited
Partnership, a Delaware limited By: /s/ ▇▇▇▇▇▇ ▇▇▇▇
partnership ---------------------------
Printed Name: ▇▇▇▇▇▇ ▇▇▇▇
-----------------
By: /s/ ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: President
------------------------------ ------------------------
▇▇▇▇ ▇. ▇▇▇▇▇▇▇,
Senior Vice President
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EXHIBIT A
FLOOR PLAN
This Exhibit is attached to and a part of that certain First Amendment to
Standard Lease Agreement dated as of ___ January, 1996, executed by and between
LASALLE PARTNERS MANAGEMENT LIMITED (in its capacity as agent for ▇▇▇▇▇▇ Street
Limited Partnership, a Delaware limited partnership) ("Landlord"), and WOLF
COMMUNICATIONS COMPANY, a Texas corporation ("Tenant"). Any capitalized term not
defined herein shall have the meaning assigned to it in the Lease, Landlord and
Tenant agree that the floor plans attached to this Exhibit are the floor plans
for the Premises.
[GRAPHIC OMITTED]
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EXHIBIT B
FLOOR PLAN
This Exhibit is attached to and a part of that certain First Amendment to
Standard Lease Agreement dated as of ___ January, 1996, executed by and between
LASALLE PARTNERS MANAGEMENT LIMITED (in its capacity as agent for ▇▇▇▇▇▇ Street
Limited Partnership, a Delaware limited partnership) ("Landlord"), and WOLF
COMMUNICATIONS COMPANY, a Texas corporation ("Tenant"). Any capitalized term not
defined herein shall have the meaning assigned to it in the Lease. Landlord and
Tenant agree that the floor plans attached to this Exhibit are the floor plans
for the Premises.
[GRAPHIC OMITTED]