Exhibit 10.22
FOURTH AMENDMENT OF LEASE
This Fourth Amendment of Lease (this "Amendment") is made this 4 day of
August, 2000, between SPTMRT Properties Trust, a Maryland real estate investment
trust ("Landlord"), and Marriott Senior Living Services, Inc., a Delaware
corporation ("Tenant").
Recitals:
A. Whereas, HMC Retirement Properties, Inc., a Delaware
corporation ("HMC"), as Landlord and Marriott Senior Living
Services, Inc. ("MSLS") as Tenant entered into that certain
Facilities Lease Agreement for the Marriott Senior Living
Services Facilities of Bellaire/Houston, Xxxxxx County,
Houston, Texas, on October 8, 1993, which Facilities Lease
Agreement was amended on January 19, 1994, May 16, 1994 and
October 10, 1997 (said Facilities Lease Agreement, as so
amended hereinafter referred to as the "Lease"); and
B. Whereas, pursuant to the terms of that certain Assignment and
Assumption of Leases, Guarantees and Permits between HMC and
HRPT Properties Trust, formally known as Health and Retirement
Properties Trust, a Maryland real estate investment trust
("HRPT"), dated May 13, 1994, HRPT assumed all of HMC's
rights, title and interest in and to the Lease; and
C. Whereas, on or about June 30, 1999, HRPT assigned the Lease to
Landlord; and
D. Whereas Landlord and Tenant now wish to provide for the
amendment of the Lease on the terms and conditions set forth
herein.
Now, therefore, in consideration of the mutual obligations and
agreements set forth below, the sufficiency and receipt of which are hereby
acknowledged, Landlord and Tenant agree as follows:
1. Section 5.03 shall be amended by adding the following
new section:
"C. Commencing with the third Fiscal Quarter of 2000,
Tenant shall, within forty-five (45) days of the end
of each Fiscal Quarter furnish to Landlord a report,
for the immediately preceding Fiscal Quarter and year
to date, which shall include the following:
A. A schedule of revenue by type of unit (i.e.,
assisted living, special care, and nursing)
and by source (i.e., Medicare or private
pay);
B. A schedule of the occupancy and number of
each type of unit at the Premises (i.e.,
assisted living, special care and nursing);
C. A schedule of operating expenses by category
including real estate taxes; and
D. Such other financial information that
Landlord may reasonably request from time to
time, provided however, that such additional
financial information requested by Landlord
must be of the type and nature that Tenant
generally provides to other Owners of its
leased senior living communities. Attached
hereto as Exhibit A is the form of reporting
that Tenant currently provides to its owners
and will serve as the form for the reporting
to Landlord pursuant to this Section
5.03(C)."
2. All capitalized terms not defined herein shall have
the meaning set forth on the Lease; and
3. Any conflict between the terms and conditions of this
Amendment and the Lease shall be resolved in favor of
this Amendment; and
4. Other than as modified herein, all of the terms and
provisions of this Lease shall remain in full force
and effect.
IN WITNESS WHEREOF, Landlord and Tenant have executed and delivered
this Amendment on the date first hereinabove set forth.
TENANT
Attest: Marriott Senior Living Services, Inc.
a Delaware corporation
By: /s/ Xxxxxxx X. Xxxxx By: /s/ Xxxxxxx X. Xxxxxxxxxx, Xx.
--------------------------------- -----------------------------------
Name: Xxxxxxx X. Xxxxx Name: Xxxxxxx X. Xxxxxxxxxx, Xx.
Title: Assistant Secretary Title: Vice President
[SEAL]
LANDLORD
Attest: SPTMRT Properties Trust
a Maryland real estate trust
By: /s/ Xxxxxxxx X. Xxxxx By: /s/ Xxxxx X. Xxxxxxx
--------------------------------- -----------------------------------
Name: Its: President
[SEAL]
GUARANTOR
Attest: Marriott International, Inc.
a Delaware corporation
By: /s/ Xxxxxx X. Xxxxxxx By: /s/ Xxxxx X. Xxxxxx
--------------------- -----------------------------------
Name: Xxxxxx X. Xxxxxxx Name: Xxxxx X. Xxxxxx
Title: Assistant Secretary Title: Vice President
[SEAL]
Schedule to Exhibit 10.22
Pursuant to Instruction 2 to Item 601(a) of Regulation S-K, the
following Fourth Amendments of Leases, which are substantially identical in all
material respects to the Fourth Amendment of Lease concerning the Facilities
Lease Agreement for the Marriott Senior Living Services Facilities of
Bellaire/Houston, Houston, TX, filed herewith, are omitted. The following list
sets forth the material differences in the premises leased and the tenants.
Leased Premises Tenant
(1) Marriott Senior Living Services Facilities of Marriott Senior Living Services, Inc.
Scottsdale, Scottsdale, AZ
(2) Marriott Senior Living Services Facilities of Marriott Senior Living Services, Inc.
Sun City, Sun City, AZ
(3) Marriott Senior Living Services Facilities of Marriott Senior Living Services, Inc.
Xxxxx Xxxxxxxx, Xxxxxx Xxxxx, XX
(4) Marriott Senior Living Services Facilities of Marriott Senior Living Services, Inc.
Xxxxxxxxx Xxxxx/Xxxxxxx Xxxx, Xxxxxxxxx Xxxxx,
XX
(5) Marriott Senior Living Services Facilities of Marriott Senior Living Services, Inc.
Palm Harbour, Palm Harbor, FL
(6) Marriott Senior Living Services Facilities of Marriott Senior Living Services, Inc.
Xxxx Xx. Xxxxx, Xxxx Xx. Xxxxx, XX
(7) Marriott Senior Living Services Facilities of Marriott Continuing Care, LLC
Bedford Court, Silver Spring, MD
(8) Marriott Senior Living Services Facilities of Marriott Senior Living Services, Inc.
The Jefferson, Arlington, VA
(9) Marriott Senior Living Services Facilities of Marriott Continuing Care, LLC
The Colonnades, Charlottesville, VA (Subtenant)
(10) Marriott Senior Living Services Facilities of Marriott Senior Living Services, Inc.
Virginia Beach, Virginia Beach, VA
