EXHIBIT 10.10
FIRST AMENDMENT TO THE LEASE
FOR THE
MARRIOTT SENIOR LIVING SERVICES FACILITY
AT
SCOTTSDALE, MARICOPA COUNTY, ARIZONA
THIS FIRST AMENDMENT TO THE LEASE FOR THE MARRIOTT SENIOR LIVING
SERVICES FACILITY AT SCOTTSDALE, MARICOPA COUNTY, ARIZONA ("AMENDMENT") is made
and entered into this 19th day of January 1994 by and between HMC Retirement
Properties, Inc., a Delaware Corporation ('Landlord'), and Marriott Senior
Living Services, Inc., a Delaware Corporation ("Tenant").
Recitals:
WHEREAS, Landlord and Tenant entered into that certain Lease for the
Marriott Senior Living Services Facility at Scottsdale, Marricopa County,
Arizona, dated September 8, 1993 (the "Lease"); and
WHEREAS, Landlord and Tenant agree and acknowledge that the parties
intended to provide that the calculation for the Percentage Rental was to begin
on the first day of the first full Fiscal Year of the Initial Term; and
WHEREAS, the parties desire to correct the error concerning the
commencement of the Percentage Rental by emending Section 5.01 of the Lease.
NOW, THEREFORE, in consideration of the premises and 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 5.01 of the Lease shall be amended by adding the following
words at the beginning of 5.01(ii);
"Commencing on the first day of the first full Fiscal Year..."
2. All capitalized terms not defined herein shall have the meaning set
forth in the Lease.
3. Any conflict between the terms and conditions of this Amendment and the
Lease shall be resolved in favor of this Amendment.
4. Other than as modified herein, all of the terms and provisions of the
Lease shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have extended this Amendment as
of the date first written above.
TENANT: LANDLORD:
Marriott Senior Living Services, Inc. HMC Retirement Properties, Inc.
By:/s/ By: /s/
Its: Vice President Its: Vice President
Attest: /s/ Attest: /s/ Xxxxxx X. Xxxxx
By: /s/ By: /s/ Xxxxxx X. Xxxxx
Its: Assistant Secretary Its: Assistant Secretary
SCHEDULE TO EXHIBIT 10.10
Pursuant to Instruction 2 to Item 601 of Regulation S-K, the following
First Amendment to the Leases or Subleases, which are substantially identical in
all material respects to the First Amendment to the Lease for the Marriott
Senior Living Services Facility at Scottsdale, Maricopa County, Arizona filed
herewith, are omitted. The following list sets forth the material differences in
the leased premises and landlord.
Leased Premises Landlord
Sun City, Maricopa County, AZ HMC Retirement Properties, Inc.
Villa Valencia, Orange County, CA HMC Retirement Properties, Inc.
Xxxxxxxxx Xxxxx/Xxxxxxx Xxxx, Xxxxxxx Xxxxxx, XX HMH Properties, Inc.
Palms Harbor, Pinellas County, FL HMC Retirement Properties, Inc.
Calusa Harbour, Lee County, FL HMC Retirement Properties, Inc.
Bedford Court, Xxxxxxxxxx, MD HMC Retirement Properties, Inc.
Bellaire/Houston, Xxxxxx County, TX HMC Retirement Properties, Inc.
The Jefferson, Arlington County, VA HMC Retirement Properties, Inc.
Xxxxxxxx Xxxxx, Xxxx xx Xxxxxxxx Xxxxx, XX HMC Retirement Properties, Inc.
Church Creek, Xxxx County, IL HMC Retirement Properties, Inc.
Port St. Lucie, St. Lucie County, FL HMC Retirement Properties, Inc.
The Colonnades, Albemarle County, VA HMC Retirement Properties, Inc.
