Back to top

AMENDMENT TO MASTER LEASE AND MEMORANDUM OF LEASE

Lease Agreement

AMENDMENT TO MASTER LEASE AND MEMORANDUM OF LEASE | Document Parties: KINDRED HEALTHCARE, INC | KINDRED HEALTHCARE OPERATING, INC | Vencor, Inc You are currently viewing:
This Lease Agreement involves

KINDRED HEALTHCARE, INC | KINDRED HEALTHCARE OPERATING, INC | Vencor, Inc

. RealDealDocs™ contains millions of easily searchable legal documents and clauses from top law firms. Search for free - click here.
Title: AMENDMENT TO MASTER LEASE AND MEMORANDUM OF LEASE
Date: 5/8/2009
Industry: Healthcare Facilities     Law Firm: Barack Ferrazzano     Sector: Healthcare

AMENDMENT TO MASTER LEASE AND MEMORANDUM OF LEASE, Parties: kindred healthcare  inc , kindred healthcare operating  inc , vencor  inc
50 of the Top 250 law firms use our Products every day

Exhibit 10.1

This document prepared by and

after recording return to:

Thomas H. Page

Barack Ferrazzano Kirschbaum & Nagelberg LLP

200 West Madison Street, Suite 3900

Chicago, Illinois 60606

Reference Number of Lease Being Amended:

Document No. 4224763 recorded 9/20/06

Abbreviated Legal Description:

Portion of Section 22, T22N, R1E

Tax Parcel Number:

011308-000.0

013325-000.0

 

 

AMENDMENT TO MASTER LEASE AND MEMORANDUM OF LEASE

BY AND AMONG

KINDRED HEALTHCARE, INC.

(f/k/a Vencor, Inc.),

KINDRED HEALTHCARE OPERATING, INC.

(f/k/a Vencor Operating, Inc.),

AND

VENTAS REALTY, LIMITED PARTNERSHIP

 

 

 

 

            Facility No.:

 

WA-180

 

 

            Property Address:

 

400 East 33 rd Street

 

 

 

Vancouver, Washington

 

 

 

(Clark County)

 


AMENDMENT TO MASTER LEASE

AND MEMORANDUM OF LEASE

THIS AMENDMENT TO MASTER LEASE AND MEMORANDUM OF LEASE (hereinafter this “ Amendment ”) is dated as of the 16th day of January, 2009, and is by and among VENTAS REALTY, LIMITED PARTNERSHIP , a Delaware limited partnership (together with its successors and assigns, “ Lessor ”) having an office at 10350 Ormsby Park Place, Suite 300, Louisville, Kentucky 40223, KINDRED HEALTHCARE, INC. , a Delaware corporation (f/k/a Vencor, Inc.) (“ Kindred ”), and KINDRED HEALTHCARE OPERATING, INC ., a Delaware corporation (f/k/a Vencor Operating, Inc.) (“ Operator ”; Operator, jointly and severally with Kindred and permitted successors and assignees of Operator and Kindred, “ Tenant ”), both having an office at 680 South 4 th Avenue, Louisville, Kentucky 40202.

RECITALS

A. Lessor and Tenant heretofore entered into that certain Amended and Restated Master Lease Agreement No. 1 dated as of April 20, 2001, that certain Master Lease Agreement dated December 12, 2001 and that certain Master Lease Combination Amendment and Agreement dated as of May 10, 2006 (collectively, the “ Original Lease ”), demising to Tenant (i) the real property described on Exhibit A attached hereto and made a part hereof, together with the improvements thereon (the “ Original Premises ”), and (ii) multiple other properties.

B. Memorandums of Lease (collectively, the “ Memorandum ”) relating to the Original Lease as it affects the Original Premises were heretofore filed for record in the office of the County Clerk for Clark County, Washington, respectively, on April 24, 2001 as document no. 3312704, on December 18, 2001 as document no. 3404304 and on September 20, 2006 as document no. 4224763.

C. Lessor and Tenant heretofore entered into that certain Second Amended and Restated Master Lease Agreement No. 1 (the “ Amended and Restated Lease ”) dated as of April 27, 2007, pursuant to which the Original Lease was amended and restated in its entirety.

D. Lessor and Tenant desire to amend the Memorandum and the Amended and Restated Lease with respect to the Original Premises, in accordance with the terms and conditions of this Amendment.

NOW, THEREFORE, in consideration of the premises and other good and valuable consideration, the parties hereby amend the Memorandum and the Amended and Restated Lease as follows:

1. For all purposes of the Amended and Restated Lease and the Memorandum, effective as of the date of this Amendment, the legal description for the Original Premises shall be amended and restated in its entirety to read as set forth in Exhibit B attached hereto and made a part hereof (the “ Revised Premises ”).

2. In addition to the other properties demised pursuant to the Amended and Restated Lease, Lessor hereby leases to Tenant, and Tenant takes and leases from Lessor, the Revised Premises pursuant to the terms and conditions of the Amended and Restated Lease, provided,


however, that, notwithstanding anything to the contrary contained in this Amendment, the Amended and Restated Lease or the Memorandum, (a) Lessor makes no representation or warranty with respect to its title to parcel 2 shown on Exhibit B or the condition of such title, (b) the Permitted Encumbrances relative to such parcel 2 shall include, without limitation, any and all covenants, conditions, easements, restrictions and other matters of record and, without limitation of the foregoing, Tenant acknowledges and agrees that a third party is currently, and has for some time been, in possession of such parcel 2, (c) Tenant acknowledges and agrees that, for some time prior to this Amendment, Tenant has paid real estate taxes and other expenses relating to such parcel 2 and that Tenant shall have no claim, and shall assert no claim, against Lessor for reimbursement of such expenditures or otherwise on account thereof, and (d) (i) Landlord may, but shall not be obligated to, elect to defend any lawsuit in which a claim to fee simple title to parcel 2 shown on Exhibit B , whether by adverse possession or otherwise, is asserted by the third party referenced in clause (b) above or its successors or assigns, (ii) if Landlord elects to defend any such claim, Landlord shall do so at its cost, and Tenant shall be obligated only to reasonably cooperate with Landlord in connection therewith, and (iii) if Landlord elects not to defend any such claim, Landlord releases Tenant from any obligation to defend any such claim.

3. Tenant shall have and hold the Revised Premises for a term that, unless sooner terminated as otherwise provided in the Amended and Restated Lease, shall expire on April 30, 2013. Thereafter, the term, as


 
SITE SEARCH

AGREEMENTS / CONTRACTS

Document Title:

Entire Document: (optional)

Governing Law:(optional)


Try our advanced search >>
 

CLAUSES

Search Contract Clauses >>

Browse Contract Clause Library>>

Get Email Updates
Email:
This is only a partial view of this document. We have millions of legal documents and clauses drafted by top law firms. learn more search for free browse for free learn more