SECOND AMENDMENT OF LEASE
EXHIBIT 4.58
SECOND AMENDMENT OF LEASE
This
SECOND AMENDMENT OF LEASE [“Amendment”] is made as of December 4, 2007 by and between
HIMELES HOLDINGS LIMITED PARTNERSHIP, LLP [“Landlord”], formerly known as XXXXXX X. XXXXXXX, XX.
T/A STANDARD COURT EAST AND WEST [“Landlord”], and TELVENT USA, INC., formerly known as Metso,
Neles, and Valmet [“Tenant”].
WITNESSETH THAT:
WHEREAS, by a Lease dated
December 26, 1998 with a Term beginning February 1, 1999 between
Landlord and Tenant [“Lease”], and by the FIRST AMENDMENT OF LEASE dated January 3, 2005, and by a
letter from TELVENT to LANDLORD dated July 6, 2006 exercising TELVENT’s OPTION TO RENEW the Lease
through January 31, 2008; Landlord leased to Tenant real property located in Xxxxxx County,
Maryland therein described;
WHEREAS, the parties
hereto desire by this Amendment to amend the Lease;
NOW THEREFORE,
IN CONSIDERATION of the entry into this SECOND AMENDMENT OF LEASE by the
parties hereto and for other good and valuable consideration, the receipt and adequacy of which are
hereby acknowledged by each party hereto, the parties hereto agree as follows:
SECTION 1. The parties
confirm that the Lease will be extended by this SECOND AMENDMENT OF
LEASE, for an additional term of one [1] year commencing as of February 1, 2008 and running through
January 31, 2009.
1.1. | The rental for each month of the one [1] year extension of the Lease shall be as follows: |
1.1.l. February 1, 2008 through January 31, |
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2009, the rent shall be $14,489.00 per month, payable in advance. |
1.2. | The rentals established in Section 1.1. above are in addition to all Additional Rentals and other charges as specified in the Lease. | ||
1.3. | The total area occupied by the Tenant is 12,985 square feet. The premises include a small part of X-0, X-0, X-0, and W-9. | ||
1.4. | Tenant shall have an option to renew the Lease for a second year beginning on February 1, 2009 and ending on January 31, 2010. The rent for this second year shall remain $14,489.00 per month, payable in advance. Landlord must receive written notice no later than August 1, 2008 that Tenant will exercise this second year option to renew. After August 1, 2008, Tenant’s option to renew shall expire. |
SECTION 2. The Tenant’s Common Area Expense shall be 21.42% of the total Common Area Expense
at Standard Court East & West. This shall be referred to as Tenant’s Proportionate Share of Common
Area Expense.
SECTION 3. Except as is hereinabove set forth, the Lease shall remain unmodified and in
full force and effect as if this Amendment had not been entered into. This Amendment will serve to
supersede any correspondence between the parties not specifically incorporated herein.
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IN WITNESS WHEREOF each party has executed and ensealed this Amendment or caused it to be
executed and ensealed on its behalf by its duly authorized representatives, on the day and year
first above written.
WITNESS:
|
HIMELES HOLDINGS LIMITED PARTNERSHIP | ||
[Landlord] |
|||
/s/ Xxxxxxxxxx X. Xxxxxx | {Seal} | ||
Xxxxxxxxxx X. Xxxxxx | |||
WITNESS:
|
TELVENT USA, INC.
[Tenant] |
||
/s/ Xxxxx Xxxxxxx | {Seal} | ||
[Signature] | |||
Xxxxx Xxxxxxx | |||
[Print Name] |
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