EXHIBIT 10.1


 


SECOND AMENDMENT TO LEASE AGREEMENT


 


THIS SECOND AMENDMENT TO LEASE
AGREEMENT (this “Second Amendment”) is entered into as
of September 30, 2003 by and between SNH CHS PROPERTIES TRUST, a Maryland real
estate investment trust (“Landlord”), and FVE-CHS LLC, a Delaware
limited liability company (“Tenant”).


 


W I T N E S S E T H :


 


WHEREAS, Landlord
and Tenant are parties to that certain Lease Agreement dated as of
October 25, 2002, as amended by that certain First Amendment to Lease
Agreement dated as of May 30, 2003 (as so amended, the “Lease”),
for twelve (12) properties, as more particularly described in the Lease; and


 


WHEREAS, Landlord
and Tenant wish to amend the Lease to add one (1) additional property, subject
to and upon the terms and conditions hereinafter provided;


 


NOW, THEREFORE, in
consideration of the foregoing and for other consideration, the mutual receipt
and legal sufficiency of which are hereby acknowledged, Landlord and Tenant
hereby agree as follows:


 


1.                                       The
definition of “Agreement” set forth in Article 1 of the Lease is
hereby amended by deleting the existing definition and inserting the following
in place thereof:


 


“Agreement”
shall mean this Lease Agreement, including Exhibits A-1 through A-13
hereto, as it and they may be amended from time to time as herein provided.


 


2.                                       The
definition of “Minimum Rent” set forth in Article 1 of the Lease is
hereby amended by deleting the existing definition and inserting the following
in place thereof:


 


“Minimum
Rent” shall mean an amount equal to Eight Million One Hundred Sixty-Five
Thousand and 00/100 Dollars ($8,165,000.00) per annum.


 


3.                                       The
definition of “Leased Property” set forth in Section 2.1 of the
Lease is hereby amended by deleting subparagraph (a) thereof and replacing it
with the following:


 

















 


(a)                                  those
certain tracts, pieces and parcels of land, as more particularly described in Exhibits
A-1 through A-13, attached hereto and made a part hereof (the “Land”);


 


4.                                       Exhibit
A-13 attached hereto is hereby added to the Lease as Exhibit A-13.


 


5.                                       As
amended hereby, the Lease is hereby ratified and confirmed.


 


[SIGNATURE
PAGE FOLLOWS]


 


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IN WITNESS WHEREOF, the parties hereto have
executed this Second Amendment under seal as of the date first written above.


 


	
   

  	
  LANDLORD:

  
	
   

  	
   

  
	
   

  	
  SNH CHS PROPERTIES TRUST

  
	
   

  	
   

  
	
   

  	
   

  
	
   

  	
  By:

  	
  /s/ John R.
  Hoadley

  	
   

  
	
   

  	
   

  	
  John R. Hoadley

  	
   

  
	
   

  	
   

  	
  Treasurer

  	
   

  
	
   

  	
   

  
	
   

  	
   

  
	
   

  	
  TENANT:

  
	
   

  	
   

  
	
   

  	
  FVE-CHS LLC

  
	
   

  	
   

  
	
   

  	
   

  
	
   

  	
  By:

  	
  /s/ Bruce J.
  Mackey Jr.

  	
   

  
	
   

  	
   

  	
  Bruce J. Mackey Jr.

  	
   

  
	
   

  	
   

  	
  Treasurer
  and Chief Financial

  Officer

  	
   

  
							



 


3

















 


Exhibit A-13


 


Rio Las Palmas