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EXHIBIT 10.4
MEMORANDUM OF LEASE
Made as of the 30th day of November, 1993, by and between
COMMONS II LAND PARTNERSHIP, a Florida General Partnership, as "Landlord" and
NAPLES RADIATION THERAPY ASSOCIATES, a Florida General Partnership, as "Tenant",
which ground lease is dated November 20, 1992.
A. This ground lease sets forth (among other things) the
following:
1. Landlord's address is c/o Xxxxx X. Xxxxxxx,
Managing General Partner, 000 Xxxxxxxxx Xxxx Xxxxx, Xxxxx 000, Xxxxxx, Xxxxxxx
00000; Tenant's address is c/o Xxxxxx X. Xxxxxxxx, M.D., General Partner, 0000
X.X. 0xx Xxxxxxx, Xxxx Xxxxx, Xxxxxxx 00000.
2. The land is in The Commons Professional Office
Park, 000 Xxxxxxxxx Xxxx Xxxxx, Xxxxxx, Xxxxxxx. Description of the property in
the Land Lease is enclosed herewith as an exhibit to this Memorandum of Lease,
Exhibit "A". There is 67,367 square feet of land, more or less. The original
lease is for 35 years.
Tenant is constructing a building on the
leased premises, which building will be owned by the landlord after thirty-five
(35) years.
3. The lease term (the "term") began December 1,
1992.
4. The term expires thirty-five (35) years
thereafter, on November 30, 2027.
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5. Landlord and tenant agree that tenant will not
have authority to create or suffer any lien for labor or materials on landlord's
interest in the premises, and all contractors, subcontractors, materialmen,
mechanics, laborers and others contracting with tenant and/or any subtenant of
tenant and/or any other occupants of the premises, for the construction,
installation, alteration or repair of any improvements to the premises are
hereby charged with notice that they must look only to tenant and to tenant's
interest in the premises to secure the payment of any charges for work done
and/or materials furnished at the premises.
B. This Memorandum will automatically terminate and be removed
from the public records of the county (the "public records") as if a
Termination/Satisfaction of Memorandum of Lease were recorded among the Public
records, on the expiration of the term as set forth above, or on such earlier
date as the term may be terminated; or shall automatically extend if the term is
duly extended, but in such event this Memorandum will automatically terminate as
aforesaid on the date of the expiration or sooner termination of the extended
term.
C. This Memorandum is for informational purposes only and
nothing contained herein shall be deemed to in any way modify or otherwise
affect any of the terms or conditions of the lease.
D. This Memorandum will bind and benefit the parties hereto
and their respective heirs, personal and legal representatives, successors and
permitted assigns, as the case may be.
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IN WITNESS WHEREOF, landlord and Tenant have caused this
Memorandum to be signed, as of the date first above written.
Signed in the presence of: COMMONS II LAND PARTNERSHIP
As to landlord:
/s/ By: /s/ Xxxxx X. Xxxxxxx
----------------------------- -----------------------------------------
/s/ XXXXX X. XXXXXXX, MANAGING
---------------------------- GENERAL PARTNER
As to tenant: NAPLES RADIATION THERAPY
ASSOCIATES
/s/
----------------------------
/s/ By: /s/ Xxxxxx X. Xxxxxxxx
---------------------------- -----------------------------------------
XXXXXX X. XXXXXXXX, M.D.
GENERAL PARTNER
STATE OF FLORIDA
COUNTY OF
THE foregoing instrument was acknowledged before me this 18th
day of Jan. 1994, by XXXXX X. XXXXXXX, Managing General Partner of COMMONS II
LAND PARTNERSHIP, a Florida General Partnership, for and on behalf of the
Partnership,
(x ) who is personally known to me, OR
( ) who provided _____________ as identification,
who did/did not take an oath
/s/
-----------------------------------------------
Notary Public
My commission expires:
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STATE OF FLORIDA
COUNTY OF XXX
THE foregoing instrument was acknowledged before me this 25th
day of January 1994, by XXXXXX X. XXXXXXXX, M.D., General Partner of NAPLES
RADIATION THERAPY ASSOCIATES, a Florida General Partnership, for and on behalf
of the Partnership,
( x) who is personally known to me, OR
( ) who provided _____________ as identification,
who did/did not take an oath
/s/ Xxxxxxxxxx Xxxx
--------------------------
Notary Public
My commission expires:
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Exhibit "A"
COMMONS IV
DESCRIPTION
DESCRIPTION OF LANDS SURVEYED
A PARCEL OF LAND LYING IN AND BEING A PART OF THE SOUTHEAST QUARTER OF
SECTION 34, TOWNSHIP 49 SOUTH, RANGE 25 EAST, XXXXXXX COUNTY, FLORIDA, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE CENTER OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 25 EAST,
XXXXXXX COUNTY, FLORIDA; THENCE ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER
OF SAID SECTION 34, S 89degree57'11"E 100.00 FEET TO THE EASTERLY RIGHT-OF-WAY
LINE OF GOODLETTE ROAD; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE, S
00degree78'37"E 48.43 FEET TO THE NORTHWEST CORNER OF THOSE LANDS AS DESCRIBED
IN OFFICIAL RECORD BOOK 981, PAGE 1814 OF THE PUBLIC RECORDS OF XXXXXXX COUNTY,
FLORIDA; THENCE N 89degree56'59"E 600.00 TO THE NORTHEAST CORNER OF SAID LANDS;
THENCE N 00degree78'37"W 49.16 FEET; THENCE S 89degree47'31"E 246.76 FEET;
THENCE S 00degree18'37" 30.00 FEET TO THE POINT OF BEGINNING OF THE HEREIN
DESCRIBED PARCEL OF LAND; THENCE CONTINUE S 00degree78'37"E 145.00 FEET; THENCE
15.71 FEET ALONG THE ARC OF A CIRCULAR CURVE TO THE LEFT, HAVING A CENTRAL
ANGLE OF 90degree00'00", A RADIUS OF 10.00 FEET AND A CHORD WHICH BEARS S
45degree78'37"E 14.14 FEET; THENCE N 89degree41'23"E 2.25 FEET; THENCE S
00degree78'37"E 90.93 FEET TO THE NORTHERLY LINE OF A 60 FOOT WIDE INGRESS,
EGRESS AND UTILITY EASEMENT; THENCE ALONG THE NORTHERLY LINE OF SAID 60 FOOT
WIDE INGRESS, EGRESS AND UTILITY EASEMENT, N 89degree41.23E 267.73 FEET; THENCE
N 00degree78'37"W 243.40 FEET; THENCE N 89degree47'31"W 280.00 FEET TO THE
POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL OF LAND.
SAID PARCEL CONTAINING 67,367.00 SQUARE FEET OF LAND, MORE OR LESS.
SUBJECT TO A UTILITY EASEMENT OVER AND ACROSS THE SOUTHERLY 10 FEET THEREOF.
ALSO, SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD.
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