MODIFICATION TO AMENDED, MODIFIED AND RESTATED LEASE
Exhibit 10.24
MODIFICATION TO AMENDED, MODIFIED AND RESTATED LEASE
THE STATE OF TEXAS | § | |
§ | ||
COUNTY OF DALLAS | § |
This Modification to the Amended, Modified, and Restated Lease is made and entered into by the undersigned parties as of the 6 day of December, 2011.
WITNESSETH:
WHEREAS, on March 10, 2005, DALLAS SOUTHWEST OSTEOPATHIC PHYSICIANS, INC. (“DSWOP’’), a Texas corporation, and RENAISSANCE HOSPITAL DALLAS, INC. (“Renaissance Dallas”), a Texas corporation entered into the Amended, Modified, and Restated Lease;
WHEREAS, the Amended, Modified, and Restated Lease is for certain real property located at 0000 X. Xxxxxxx Xxxx, Xxxxxx, Xxxxx 00000-0000 and more fully described in Exhibit “A” attached hereto and incorporated herein together with all and singular rights, privileges, and easements appurtenant (“Leased Premises”);
WHEREAS, on March 16, 2009, Renaissance Dallas assigned, transferred, conveyed and delivered its entire right, title and interest in the Amended, Modified, and Restated Lease and the Leased Premises (“Assignment”) to LTHM, DALLAS—REAL ESTATE, L.L.C., a Texas Limited Liability Company (“LTHM, Dallas—Real Estate”);
WHEREAS, LTHM Dallas Real Estate accepted such Assignment and agreed to assume and perform all the terms, covenants, conditions, and obligations of Renaissance Dallas under the Amended, Modified, and Restated Lease subject to the terms and· specifications as outlined below;
WHEREAS, on December 6, 2011, First National Bank, Edinburg, foreclosed its lien on the leasehold estate and easement estate of LTHM, Dallas -Real Estate and sold the entire right, title and interest in the lease hold estate to XXXXX MASSIF HOSPITAL a Texas Corporation ( XXXXX MASSIF);
WHEREAS, XXXXX MASSIF purchased the leasehold estate and easement estate of LTHM, DALLAS—Real Estate and agreed to assume and perform all the terms, covenants, conditions and obligations of LTHM, DALLAS -Real Estate under the Amended, Modified and Restate Lease executed as of the 8th day of May, 2009 and specifications as outlined below;
WHEREAS, DSWOP and XXXXX MASSIF desire to modify and restate on specific terms and conditions of the Amended, Modified and Restate lease which has been assumed by XXXXX MASSIF;
Modifications
NOW, THEREFORE, DSWOP and XXXXX MASSIF, declare that the Amended, Modified, and Restated Lease is to be modified and restated as follows:
1. The term “Tenant” shall mean XXXXX MASSIF HOSPITAL, a Texas corporation.
2. Section 4(c) shall be amended and state the following:
“(c)
On December 6, 2011, First National Bank, Edinburg foreclosed its lien on the leasehold estate and easement estate of LTHM, DALLAS -Real Estate and sold, transferred, conveyed, and delivered its entire right, title, and interest in the Amended, Modified, and Restated Lease and the leased Premises to XXXXX MASSIF HOSPITAL CORPORATION. XXXXX MASSIF accepted such Assignment and assumed the performance of all the terms, covenants, conditions, and obligations of LTHM, DALLAS, Real Estate under the Amended, Modified, and Restated Lease. Such assignment and assumption occurred in year six (6) of the lease term of Amended, Modified and Restated Lease.”
3. The Notification requirements of Section 27.1 is modified and restated to read as follows:
“If to Landlord:
Dallas Southwest Osteopathic Physicians, Inc.
Attention: Chairman of the Board of Trustees
0000 X. Xxxxxxx Xxxx
Xxxxxx, Xxxxx 00000
With a copy to (which Copy shall not constitute notice):
Xxxxxxxx & Xxxxxxx
Attn: G. Xxxxxx Xxxxxxxx
0000 X. Xxxxxxx Xxxxxxxxxx, #000
Xxxxxx, Xxxxx 00000
If to Tenant:
Xxxxx Massif Hospital Corporation
0000 XX 0000
Xxxxxxxx, Xxxxx 00000
With a copy to (which copy shall not constitute notice):
First National Bank
c/o Xxxx Xxxxxxx
X.X. Xxx 0000
Xxx Xxxxxxxxx, XX 00000-0000”
IN WITNESS WHEREOF, the undersigned have executed this Modification to the Amended, Modified, and Restated Lease on December 6, 2011.
LANDLORD: DALLAS SOUTHWEST OSTEOPATHIC PHYSICIAN’S, INC. |
TENANT: XXXXX MASSIF HOSPITAL CORPPRAT | |||||
By: | By: |