EXHIBIT 10.62
AMENDMENT NO. 4 TO LEASE
THIS AMENDMENT NO. 4 TO LEASE, entered into this 1st day of November,
1999, by and between W. XXXX XXXXXXXX, TRUSTEE FOR THE BENEFIT OF HIGHWOODS/
TENNESSEE HOLDINGS, L.P. (Successor-in-interest to Highwoods/Forsyth Limited
Partnership), as Lessor, and SYMBION, INC., (Formerly Uniphy Healthcare, Inc.,
as Lessee.
W I T N E S S E T H:
WHEREAS, Lessor and Lessee entered into a Lease Agreement dated
March 31, 1996 as amended on March 31, 1996 by that Amendment No. 1 to Lease,
and subsequently amended on August 13, 1996 by that Amendment No. 2, and
subsequently amended on May 9, 1997 by that Amendment No. 3 to Lease (all
hereinafter referred to as the `Lease"), providing for the demise by Lessor to
Lessee of office space in a certain office building now commonly known and
designated as 0000 Xxxx Xxx, Xxxxxxxxx, Xxxxxxxxx (the "Building") all as more
specifically set for in the Lease; and
WHEREAS, said office space currently consists of 5,281 rentable square
feet on the seventh floor of the West wing of the Building; and
WHEREAS, Lessee desires to lease additional space in the building
consisting of 6,234 rentable square feet on the seventh floor of the West wing
of the building for a term of twenty-nine (29) months commencing August 1, 2000
and terminating on December 31 2002 and 15,064 rentable square feet on the first
floor of the East wing of the building for a term of thirty-six (36) months
commencing on January 1, 2000 and terminating on December 31, 2002 (the
"Expansion Space").
NOW, THEREFORE, in consideration of mutual covenants and undertakings
hereinafter set forth by and between the parties hereto, the Lease is hereby
amended as follows:
1. The total square footage of the Premises pursuant to this
Amendment No. 4 to Lease will increase to 20,345 rsf effective
January 1, 2000 and will then increase to 26,579 rsf effective
August 1, 2000.
2. Lessor shall provide an allowance of up to $90,000 inclusive of
all architectural and engineering costs to be used solely for
improvements to the premises. Lessor shall instruct design
professionals and contractors to submit xxxxxxxx for services to
the Lessor. Lessor will promptly pay xxxxxxxx within and up to the
$90,000 allowance and any overage will be the sole responsibility
of the Tenant. Any overage in excess of the allowance must be
approved in advance by the Lessee. Lessor agrees to assume all
costs associated with boarding up the demising wall and door
opening in the reception area (these aforementioned costs are
excluded from the $90,000.00 build-out allowance) and the existing
door and windows can be relocated by the Lessee elsewhere in the
Suite at the expense of the Lessee.
3. "Base Rental" payments will be paid by Lessee according to the
following schedule:
5,281 rsf on the 7th Floor
From To Rate Monthly Annually
------ -------- ------ ---------- -----------
1/1/00 7/31/00 $19.06 $8,387.99 $100,655.88
Effective 8/1/00 7th floor square footage is 11,515
From To Rate Monthly Annually
------ -------- ------ ---------- -----------
8/1/00 12/31/99 $19.25 $18,471.98 $221,663.76
1/1/00 12/31/01 $19.83 $19,028.54 $228,342.48
1/1/02 12/31/02 $20.42 $19,594.69 $235,136.28
15,064 rsf on 1st Floor
From To Rate Monthly Annually
------ -------- ------ ---------- -----------
1/1/00 12/31/00 $19.25 $24,165.17 $289,982.04
1/1/01 12/31/01 $19.83 $24,893.26 $298,719.12
1/1/02 12/31/02 $20.42 $25,633.91 $307,606.92
4. Effective January 1, 2000 the Base Year for the Premises will be
the full calendar year of 2000.
5. Parking rights as referred to in Paragraph 10 of the Lease will be
for a total of 80 spaces with spaces 1-30 at $10.00 each per month
and spaces 31-80 at $25.00 each per month
6. Right of First Refusal Lessee shall have a one-time five (5)
business day right of first refusal on any contiguous space that
comes available during the Lease term.
7. Renewal Option. Lessee shall have one (1) five (5) year option to
renew the Lease at the then prevailing market rates by providing
Lessor with six (6) months written notice.
8. Definitions. The terms used in this Amendment No. 4, unless
otherwise defined herein, shall have the same definitions set
forth in the Lease.
9. This Amendment No. 4 to Lease shall be incorporated into and made
a part of the Lease and all provisions of the Lease not expressly
modified or amended shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No.
4 to Lease by proper person thereunto authorized to do so on the day and year
first written above.
LESSOR:
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W. XXXX XXXXXXXX, TRUSTEE FOR THE BENEFIT OF
HIGHWOODS/TENNESSEE HOLDINGS, L.P.
By: /s/ W. Xxxxx Xxxxxx
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W. Xxxxx Xxxxxx, as Authorized Agent for W. Xxxx
Xxxxxxxx, Trustee, under that Certain Amended and
Restated Trust Agreement effective as of
November 27, 1996 By and between
Highwoods/Tennessee Holdings, L.P. and W. Xxxx
Xxxxxxxx
Title: Vice President
Date: 11/1/99
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LESSEE:
SYMBION, INC. (Formerly Uniphy Healthcare, Inc.)
By: /s/ Xxxxxxx X. Xxxxxxxx
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Title: Vice President of Finance
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Date: 10-21-99
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