FOURTH AMENDMENT TO LEASE

Contract Categories: Real Estate - Lease Agreements
EX-10.8.1 6 dgi-20141231ex1081be47a.htm EX-10.8.1 dgi_Ex10-8-1

Exhibit 10.8.1

 

FOURTH AMENDMENT TO LEASE

 

This Fourth Amendment to Lease (this "Fourth Amendment") is entered into this 28th day of May, 2013 by and between HUB PROPERTIES TRUST, a Maryland real estate investment trust ("Landlord"), and DIGITALGLOBE,  INC., a Delaware corporation ("Tenant").

 

W I T N E S S E T H:

 

WHEREAS, K/B FUND IV ("Original Landlord") and Tenant entered into that certain Office Lease dated March 19, 2004 and that certain First Amendment to Office Lease dated September 10, 2004 (collectively, the "Original Lease") for the lease of certain premises (the "Premises") known as Suite 260 and located in a portion of the building (the "Building") located at 1601 Dry Creek Drive, Longmont, Colorado, as more particularly described in the Original Lease; and

 

WHEREAS, Landlord succeeded to the interest of Original Landlord under the Original Lease and with Tenant entered into another First Amendment to Lease dated April 18, 2005 and another First Amendment to Lease dated October 14, 2011 (the Original Lease as so amended being hereinafter referred to as the "Lease"); and

 

WHEREAS, Landlord and Tenant wish to amend the Lease to grant Tenant the right to install up to two additional generators (in addition to the one existing as of the date hereof) to provide emergency power to the premises demised by the Lease, subject to and upon the terms and condition hereinafter provided;

 

NOW, THEREFORE, in consideration of the foregoing and for other consideration, the receipt and sufficiency of which are hereby acknowledged, Landlord and Tenant agree as follows:

 

1.Capitalized terms used and not otherwise defined herein shall have the meanings ascribed to such terms in the Lease.

 

2.Section 1 of Addendum Four to the Original Lease is hereby amended by deleting "up to two (2) emergency generators of up to 2 megawatts KVA each ("Generators")" where it appears therein and inserting "up to three (3) emergency generators of up to 2 megawatts KVA each and associated fuel tanks (collectively, the "Generators")" in its place. Drawings and details showing the second and third generators and their installation are attached hereto as Exhibit 1.

 

3.Section 2 of Addendum Four to the Original Lease is hereby amended by deleting the third sentence thereof in its entirety.

 

4.Section 6 of Addendum Four of the Original Lease is hereby amended by adding the words "and interior wiring" to the end of the parenthetical.

 

5.As amended hereby, the Lease is hereby ratified and confirmed. With the exception of those terms and conditions specifically modified and amended herein, the herein

 

 


 

referenced Lease shall remain in full force and effect in accordance with all its terms and conditions. In the event of any conflict between the terms and provisions of this Fourth Amendment and the terms and provisions of the Lease, the terms and provisions of this Fourth Amendment shall supersede and control.

IN WITNESS WHEREOF, Landlord and Tenant have executed this Fourth Amendment as of the date above first written.

 

 

 

LANDLORD:

HUB PROPERTIES TRUST

By:

/s/ David M. Lepore

 

David M. Lepore

 

Senior Vice President

TENANT: DIGITALGLOBE, INC.

By:

/s/ John Hild

Name:

John Hild

Title:

Interim CIO

 

 

 

 

 

 

 

 

 

 

 

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Exhibit 1.

 

Second and Third Generators See attached.