Item #09 Approval of Tenant Estoppel Certificate and Subordination, Non-Disturbance and Attornment Agreement for Fountains West Shopping Center t J
OCOPP_
Ilorida
AGENDA ITEM COVER SHEET
Meeting Date: December 6, 2016
Item # g -
Reviewed By:
Contact Name: Tim Hoover, Deputy Chief Department Director: /4>
Contact Number: 407-905-3140 City Manager: itt
Subject Approval of Tenant Estoppel Certificate and Subordination,
Non-disturbance, and Attornment Agreement for Fountains West Shopping Center
Background Summary:
In a lease dated May 7, 2012, the City of Ocoee and Ocoe, LLC, entered into an agreement for
the Ocoee Fire Department to lease approximately 1,440 square feet of space located in the
Fountains West Shopping Center. In 2015, the lease was extended for an additional two year
period and is due to expire in May 2017.
At this time, Fountains West Shopping Center is being refinanced. Pursuant to section 11.01 and
section 22.11 of the lease agreement , the City as Tenant agrees to promptly consent to and
execute documents required for the landlord to complete its transaction. These documents, a
Subordination and Attornment Agreement and Tenant Estoppel Certificate, are attached for
approval by the City Commission and execution by the Mayor.
Issue:
Should the City Commission approve for execution by the Mayor the Tenant Estoppel Certificate
and Subordination Non-disturbance and Attornment Agreement for Fountains West Shopping
Center?
Recommendations:
Staff recommends the City Commission approve and the Mayor execute the Tenant Estoppel
Certificate and Subordination, Non-disturbance and Attornment Agreement for Fountains West
Shopping Center.
Attachments:
Tenant Estoppel Certificate
Subordination Non-disturbance and Attornment Agreement
Financial Impact:
None
Type of Item: (please mark with an"x")
Public Hearing For Clerk's Dept Use'
Ordinance First Reading )( Consent Agenda
Ordinance Second Reading Public Hearing
Resolution Regular Agenda
X Commission Approval
Discussion 8 Direction
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney Dana Crosby-Collier, Assistant City Attorney N/A
Reviewed by Finance Dept. N/A
Reviewed by 0 N/A
2
TENANT ESTOPPEL CERTIFICATE
Re : Lease dated May 2, 2012 between OCOE, LLC, as Landlord ("Lessor), and
CITY OF OCOEE, a municipal corporation organized and existing under the laws
of the State of Florida, as Tenant ("Lessee") as amended by following: First
Amendment to Lease dated March 20, 2015.
Property Address: FOUNTAINS WEST SHOPPING CENTER, 313 WEST ROAD, OCOEE,
FL 34761
It is the understanding of the undersigned that CMFG Life Insurance Company ("Lender") is
making a mortgage loan to OCOE, LLC ("Lessor") to be secured by a Deed of Trust/Mortgage
on the subject premises, an assignment by Lessor to Lender of Lessor's interest as Lessor under
the above-described Lease (notice of which assignment Lessee hereby acknowledges), and
various other security documents. It is the further understanding of the undersigned that as one
of the conditions precedent to the disbursement of loan proceeds, Lender requires the following
certifications and agreements by the undersigned, and relies on the accuracy of the
representations and agreements contained herein for such disbursement. Accordingly, the
undersigned,as Lessee under the above-described Lease,hereby certifies that:
I. The undersigned has unconditionally accepted delivery of the premises described in said
Lease(the"Premises"),has entered into occupancy and is open for business;
2. The undersigned has not entered into any agreements providing for the discounting,
advance, payment, abatement or offsetting of rents and no rent has been paid for more
than one installment in advance;
3. The above-described Lease represents the entire agreement between the patties as to the
leasing of the Premises, it is in full force and effect and has not been further assigned,
modified,supplemented or amended in any way;
4. The undersigned has fully inspected the Premises and found the same to be as required by
the Lease,in good order and repair,and all conditions under the Lease to be performed by
the Lessor have been satisfied,except the following (None);
5. Rental payments commenced on August 7,2012 and are current;
6. Security Deposits-choose one:
a. X No security deposit has been paid.
b. A security deposit in the amount of S N/A has been paid.
7. Minimum monthly rent payable under said Lease (exclusive of any percentage rental or
operating expenses)is 51,680.00 per month;
9. The Lease expires on May 7 2017, or is subject to an option to extend or renew as
provided in the Lease;
9. As of this date, Lessor is not in default under any of the terms, conditions,provisions or
agreements of the Lease, and the undersigned has no offsets, claims or defenses against
the rents or the Lessor with respect to the Lease;
Estoppel Mar 2016
10.There are no allowances due Lessee for construction of tenant improvements;
11. Lessee has received no notice of a prior sale, transfer, assignment, hypothecation or
pledge of the Lease.
12.Lessee has no option to purchase the Premises or the property of which the Premises is a
part.
13.Lessee has not and will not store, use or generate any substance or material defined or
designated as hazardous or toxic waste,hazardous or toxic material a hazardous,toxic or
radioactive substances or other similar term except in accordance with commercially
reasonable practices and all applicable environmental laws.
And the undersigned agrees as follows:
I. That it will not pay any rent under said Lease more than thirty(30)days in advance of its
due date,and Lessee will not surrender or consent to the modification of any of the terms
of the Lease nor to the termination thereof by Lessor without Lender's prior consent.
2. That it will not seek to terminate said Lease by reason of any act or omission of the
Lessor until the undersigned has given written notice of such act or omission to the
Lender and until at least thirty (30) days time has elapsed following the giving of the
notice during which period the Lender shall have the right, but not be obligated, to
remedy such act or omission.
3. All notices to Lender shall be in writing and addressed do MEMBERS Capital Advisors,
Inc.,5910 Mineral Point Road, Madison, Wisconsin 53705-4456 Attention: Commercial
Mortgage Loan Department,or at such other address as Lender may by notice designate.
4. As used herein,the term"Lessor" shall include the term "Landlord"and the term Lessee
shall include the tens"Tenant."
IN WITNESS WHEREOF the undersigned has caused this instrument to be executed this
_day of 2016
Estoppel Mar 2016
a.
Signed,sealed and delivered in the CITY OF OCOEE
Presence of:
By:
Print Name: Rusty Johnson,Mayor
Print Name: ATTEST:
Melanie Sibbitt, City Clerk
(SEAL)
FOR USE AND RELIANCE ONLY BY APPROVED BY THE CITY OF OCOEE
THE CITY OF OCOEE,FLORIDA; COMMISSION IN A MEETING HELD ON
APPROVED AS TO FORM AND ,2016 UNDER ITEM
LEGALITY this day of NO.
,20 .
SHUFFIELD,LOWMAN&WILSON,P.A.
By:
City Attorney
STATE OF FLORIDA
COUNTY OF ORANGE
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
and County foresaid to take acknowledgements,personally appeared,RUSTY JOHNSON,and
,personally known to me to be the Mayor and City Clerk,respectively,of
the City of Ocoee,Florida,and that they severally acknowledged executing the same in the
presence of two subscribing witnesses, freely and voluntarily under authority duly vested in them
by said municipality.
WITNESS my hand and official seal in the County and State last aforesaid this
day of ,2016.
Signature of Notary
Name of Notary(typed,printed or stamped)
Commission Number(if not legible on seal):
My Commission expires(if not legible on seal):
After recording please return to:
CMFG Life Insurance Company
do MEMBERS Capital Advisors,Inc.
Aura Commercial Mortgage Loan Department
5910 Mineral Point Rd
Madison,WI 53705
SUBORDINATION,NON-DISTURBANCE
AND ATTORNMENT AGREEMENT
THIS SUBORDINATION, NON-DISTURBANCE AND ATTORNMEN'T AGREEMENT
("Agreement") is made this day of 2016. by CITY OF OCOEE, FLORIDA, a
municipal corporation organized and existing under the laws of the State of Florida, for the benefit of
CMFG Life Insurance Company,an Iowa corporation("Lender"),and consented to by OCOE,LLC,a
Florida limited liability company("Borrower').
WHEREAS, Lender has made, or will make, a loan to Borrower(the "Loan") evidenced by a
promissory note(the"Note")by Borrower and payable to the order of Lander, the payment of the Note
being secured by a certain deed of trust/mortgage,assignments,security agreements,and other collateral
agreements (all such agreements, together with the Note, are collectively referred to as the "Loan
Documents');
WHEREAS, Tenant and Borrower are parties to that certain lease agreement (together with all
amendments,extensions,and renewals of such lease,the"Lease")for certain premises commonly known
as Fountains West Shopping Center, West Road, Ocoee, FL (the "Premises") in the Borrower's real
property(the"Property')that is part of the collateral for the Loan, the Property being more particularly
described on Exhibit"A"attached hereto and incorporated herein for all purposes.
RTfERF.AS,Tenant desires an agreement of Lender not to disturb the Lease, on the terms and
conditions hereinafter set forth,and Lender has agreed to provide the same;
WHEREAS,in consideration of Lender's agreement not to disturb the Lease,Lender desires an
agreement of Tenant to subordinate the Lease end its rights thereunder to the lien of the Loan Documents
and to attom to Lender in the event Lender exercises its rights and remedies under the Loan Documents
including a public sole in foreclosure of the liens created by the Loan Documents,the acceptance of a deed
in lieu of such public sale,or any similar transaction(a"Foreclosure"),and Tenant has agreed to provide
same;
WHEREAS, these recitals arc incorporated in this Agreement and made a pan hereof for all
purposes.
NOW, THEREFORE, for and in consideration of the mutual promises contained in this
Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged,Lender and Tenant hereby agree as follows:
I. Subordination of the Lease. The Lease and all of Tenant's rights thereunder are,and shall
remain, expressly subordinate and inferior to the Loan Documents and the liens and security interests
SNDA Mar 2016 I
created thereby,regardless of how often or in what manner the Note,together with the lions securing the
same,and any of the other Loan Documents may be renewed,extended,increased,changed,or altered.
2. Non-Disturbance. So long as Tenant is not in default in the payment of rent or in the
performance of any of Tenant's other obligations under the Lease:
a. Tenant's possession and occupancy of the Premises and Tenant's rights and privileges
under the Lease shall not be diminished or interfered with by Lender or its successors or
assigns in the exercise of any of its rights or remedies under the Loan Documents including
a Foreclosure;and
b. Lender will not join Tenant os a party defendant in any action or proceeding for Me purpose
of terminating Tenant's interest and estate under the Lease because of any default by
Borrower under the Loan Documents,unless such joinder is required by applicable law.
Tenant's Attommen t. In the event of a Foreclosure or in the event Lender succeeds to
Borrower's interest as landlord under the Lease,Tenant shall attom to Lender or to any other purchaser of
the Propeny by the Foreclosure(a'Purchaser"),us the case may be,and shall recognize Lender or such
Purchaser as the landlord under the Lease. Such atomment shall be effective and self-operative without
the execution of any further instrument on the part of the parties hereto. Tenant agrees,however,to execute
and deliver at any time and from time to time,upon the request of Lender,Borrower,or a Purchaser:
a. any instrument.certificate,or other document which Lender,Borrower,or a Purchaser may
deem necessary or desirable to evidence such attornment;and
b. any instrument, certificate,or other document pertaining to the Lease and consisting of
statements,if true,(I)that the Lease is in full force and effect,(2)the date through which
rentals have been paid.(3)the date of the commencement and termination of the term of
the Lease,(9)the nature of any amendments or modifications to the Lease,and(5)that no
default or state of facts beyond any applicable notice or cure period under the Lease exists
on the part of either party to the Lease.
9, yrnder's Attornment. In the event of a Foreclosure or in the event Lender succeeds to
Borrower's inlayst as landlord wider the Lease and if Tenant is not in default under the Lease beyond any
applicable notice or cure period under the Lease,then Lender or a Purchaser,as the case may be,shall have
all of the landlord's interests,rights,and remedies under the Lease that Borrower had or would have had if
Lender or such Purchaser had not succeeded to Borrower's interests. From and after the Tenant's
Atomment,Lender or such Purchaser shall be bound to Tenant under the Lease;provided,however,Lender
or such Purchaser shall not be:
a. liable for any act or omission of any prior landlord(including Borrower);
b. hound by any rent or other sums due the landlord under the Lease which Tenant might have
paid for more than the thirty(30)days in advance of the date required to any prior landlord
unless required by the Lease(including Borrower);
c. liable for the return of any security deposit, unless actually received by the Lender or
Purchaser,as applicable;
SNDA Mar 2016
d. bound by any material amendment, extension, or renewal of the Lease made without
Lender's knowledge and consent,unless such option to extend or renew is provided for in
the lease;
e. subject to any offset or defenses which Tenant might have against any prior landlord
(including Borrower);or
bound by this Agreement if the Lease has expired.
5. Casualty;Condemnation. Notwithstanding anything to the contrary contained in the Lease,
at Lender's option the provisions of the Loan Documents shall control the distribution and application for
all insurance proceeds payable with respect to arty casualty at the Property and of all awards or other
compensation payable for the condemnation of all or any portion of the Property or any interest therein or
by way of negotiated settlement or conveyance in lieu of condemnation; provided, however, nothing
contained in this Agreement shall require Tenant to pay Borrower or Lender any proceeds that Tenant
separately receives for Tenant's separate claims due to such casualty or condemnation.
6. Notice of Landlord's Default. Tenant shall give Lender prompt written notice of any
default by Borrower under the Lease and shall provide Lender a copy of any notice that Tenant gives
Borrower under or about the Lease, including,without limitation,a notice of Borrower's default or of m
occurrence which with notice, lapse of time, or both would constitute a default by Borrower under the
Lease. Tenant shall provide such copy to Lender at the same time that Tenant gives such notice to
Borrower. The filing of an action for damages or the cancellation or termination of the Lease by Tenant
shall be effective only after Lender has received such notice and has failed within thirty(30)days after
receipt of same to cure Borrower's default. However,if more than thirty(30)days shall be required due to
the nature of the default Lender shall be allowed to use more than said thirty(30)days to cure said default
if within said thirty(30)day period Lender commences and diligently proceeds to cure the default,but in
no event shall such date extend later than sixty(60)days after the date of Lender's receipt of the notice of
default.
7. Assivrunent, Tenant acknowledges that Borrower wilt make on assignment of Irnses and
rents in favor of Lender that will absolutely assign the Lease and the rents thereunder to Lender. If in the
future there is a default by Borrower in the performance and observance of the terms of the deed of
tnusVmortgage, Lender may,at its option under the Assignment,require that all rents and other payments
due under the Lease be paid directly to ii. Upon notification to that effect by Lender. Borrower hereby
authorizes and directs Tenant and the Tenant agrees to pay the rent and any payments due under the terms
of the Lease to Lender. The Assignment does not diminish any obligations of Borrower under the Lease or
impose any such obligations on Lender. Lender and Borrower agree that such payments made to Lender
shall be credited to Tenant under the Lease as if Tenant had made such payments directly to the Borrower.
8. No Abridement of Borrower's Riahis as Landlord. Nothing contained in this Agreement
is intended,nor shall it be construed,to abridge or to affect adversely any of Borrower's rights or remedies
under the Lease in the event of Tenant's default under the Lease.
9. Notice. Any notice or communication with respect to this Agreement shall be written,sent
' by United States mail,postage prepaid,registered or certified mail.return receipt requested,or by overnight
courier service,and addressed as follows:
SNDA Mar 2016 3
To Lender: do MEMBERS Capital Advisors,Inc.
Attention:Commercial Mortgage Loan Department
5910 Mineral Point Road
Madison,Wisconsin 53705-4456
To Tenant: City of Ocoee
150 N.Lakeshore Drive
Ocoee,FL 34761
To Borrower: OCOE,LLC
Ezon.Inc.
1100 S^Avenue South,Suite 409
Naples.FL 34102
If given in accordance with the terms of this Paragraph 9,then the notice or other communication will be
deemed given as of the date of deposit in an official receptacle oldie United States mail or picked up by an
overnight courier. Any party may designate a different address or addressee for purposes of this Paragraph
9 by giving tea(10)days prior written notice of the change to all other parties.
10. Ooveminn Law. The laws of the state in which the Premises is located shall govern the
validity and construction of this Agreement.
I I. Amendments: Binding Effect. This Agreement may not be modified orally or in any
manner other than by an agreement in writing signed by the parties hereto. This Agreement shall inure to
the benefit of and be binding upon the panics hereto and their respective heirs,executors,administrators,
successors,and assigns. Specifically,for purposes of this Agreement,the term"Lender"shall include any
holder(s)of any of the indebtedness or other obligations secured by the Loan Documents. Tenant agrees
that this Agreement shall be in full force and effect,notwithstanding that the date on which Tenant executes
this Agreement may precede the making of the Loan and the date of the Loan Documents. Tenant hereby
irrevocably makes and appoints Borrower as its agent for the delivery of this Agreement to Lender.
12. Countersimuture This Agreement may be executed in counterparts with the same effect
as if all parties hereto had signed the same document. All such counterparts shall be construed together and
shall constitute one instrument.
EXECUTED as of the date first written above.
Signature pages fo(taw
SND.A Mar 2016 4
BORROWER:OCOE,LLC
AGREED TO AND ACCEPTED:
Name: OCOE.LLC,a Florida limited liability company
13v:
Name:Gary E. Inner
Tide: VP of Ezon,Inc.,its Manager
STATE OF Florida
COUNTY OF Collier
This instrument was subscribed and acknowledged before me on the day of
, 2016,by Gary E.Saner,in his authorized capacity as the Vice President of Ezon,Inc.a
Florida limited liability company. Such person is personally known to me.
Notary Public,State of Florida
My commission is/expires:
SNDA Mar 2016 6
LENDER:
CMFG Life Insurance Company,
an Iowa Corporation
By. MEMBERS Capital Advisors,Inc.,
Its Investment Advisor
By:
Name:
Title:
STATE OF WISCONSIN
COUNTY OF DANE
I,the undersigned,a Notary Public in and for said county,in the state aforesaid,do hereby certify
that ,personally(mown to to be the Director of MEMBERS Capital
Advisors,Inc.,registered investment advisor for CMFG Life Insurance Company,and personally(mown
to me to be the same person whose name is subscribed to the foregoing instrument as such Director,
appeared before me on this day of 2016 in person and
aclmowledged that he signed and delivered the said instruments as Director of said corporation as said
investment advisor,pursuant to authority given by the Board of Directors of said corporation,as his free
and voluntary act,and as the free and voluntary act of said corporation as said investment advisor,for the
uses and purposes therein set forth:
Notary Public,State of Wisconsin
My commission isArtpires:
SNDA Mar 2016 7
Signed,sealed and delivered in the CITY OF OCOEE
Presence of:
By:
Print Name: Rusty Johnson,Mayor
Print Name: ATTEST:
Melanie Sibbitt,City Clerk
(SEAL)
FOR USE AND RELIANCE ONLY BY APPROVED BY THE CITY OF OCOEE
THE CITY OF OCOEE,FLORIDA; COMMISSION IN A MEETING HELD ON
APPROVED AS TO FORM AND ,2016 UNDER ITEM
LEGALITY this day of NO. .
,20 .
SHUFFIELD,LOWMAN& WILSON,P.A.
By:
City Attorney
STATE OF FLORIDA
COUNTY OF ORANGE
I HEREBY CERTIFY that on this day,before me,an officer duly authorized in the State
and County foresaid to take acknowledgements,personally appeared,RUSTY JOHNSON,and
,personally known to me to be the Mayor and City Clerk,respectively,of
the City of Ocoee,Florida,and that they severally acknowledged executing the same in the
presence of two subscribing witnesses,freely and voluntarily under authority duly vested in them
by said municipality.
WITNESS my hand and official seal in the County and State last aforesaid this
day of ,2016.
Signature of Notary
Name of Notary(typed,printed or stamped)
Commission Number(if not legible on seal):
My Commission expires(if not legible on seal):
Pap 4
LJHllifT-A-
10UnLInfWest
I PCAJ DRSCRIPTION
Surveyors Overall Description oIi q ly:
A panel of land located In the North half of Section 6.Township 12 South.Range 28 East,in the Ciy of Ocoee.
Orange County.Florida.Said parcel being more particularly described as follows:
Begin at imenalion of the Cast lyht of way line of Ocmopryipkn Road and the proposed North right of way
line of Wen Road as shown on the Orlando-Orange County Espresswnv Authority Right of Way Map.Project No.
15320-64604021603;thence Ow 611oning courses end dinvnces along sold East tight of nay lire:Noah 2P IT
57 East.37120 feet thence North 61'42'01'Wen.30.00 feet:therm North 28°IT 59"Fast 691.01 feet thence
leaving mid Ent tight of way line.tun North 17°56'4?East.18'9.96 feet thence South 32'49'09'Eon 176 feet
T M'East.42.15 Ref.thence South 53'x73,5'Eon.37.68 feel;thence South Cr IT 54'Wen
430 feet; hence South 60'14'55'EML 53.65 feet thence South 61'37'13'Each 30.76 feet thence South 511°51'
51"East.42.72 @n;thence South 39'25Y9'Gut. 1 0.00 feet: hence South IB'31'Or East 68.69 feel:thence
South 41.31'36"West,37.25 feet:thence Smelt 15°36 20'East 10.83 feel:thence South 03'0's'50'East 3165
feet;thence South Or U'45'EMI,37.72 fat thence South 32'44'01'Last 59.80 feu;thence South 46'50'22'
Ent.5115 fen;thence South 5I.OT 58'East,31,54 feet.then South sY 48'46'Let,61.01 feet:thence NMh
89'55 our East.4102 feet.thence South 89'3T 32"East 29.18 feet thence South IS'16'54"East.249.71 feet:
thence South OP 15'58'Eat 337.60 het to a point on the proposed North rigln of way line of West Road per said
Right or Way Mnp;thence the following courses and dislancn nkng said North light or way line,North 89'56'49'
tVeu 775.18 het to the point of curvature ors curve to the right,having a radius of 117330 fm nod a aortal angle
MI5°13'4r:thence alone the arc of laid curve n distance ef497..96 feel to the point of wgency:thence Nonh 34'
4Y 06'West 25231 feet o Ore Point of Beginning.
Said parcel contains 2136 aces,more or lea.
LESS AND EXCEPT THE FOLLOWING PARCELS:
Out Parcel L
Commence at intersection or lit East eight or way of Dente-Apopka Rood.n,shown on the Orlando-Orange
County Expressway Authority Right of Way Map.Project No.75320'6460402-603 and the North tight of way of
West Road as shown on the same map,thence run alone mid Ent right of why North 210 17'59'Last.n dlunrce of
985.16 feet to the Point of Beginning.thence continue along said right of way North 26`IT 59"East a distance of
2S0.00 fen:thence South 61'06 03'East.a distance of 170.17 feet lMnce South 16'24''00'Ent.o distance of
4951 feet;thence South 2P Id'I?West n distance of 21295 feel:thence Nonh 61°4]IS'West.n distance or
20498 keno the Point of Beginning.
Said parcel contains 1.16 acres,more or less
Out Parcel
Comnwnce at the inmxction of the East right of way of Owes-ApopLa Road,as shown on the Orlando-Orange
County E prettWny Authority Right of Way Map.Project No.75320-6460.607,603 and the North right of way of
Wet Road as shown on the same map;hence run ninny said Fast right of way North 28'IT 59'En,a distance of
72754 fen to the Point of Beginning',thence cosine along said Ent right of way North 28' 17'Sr East a
distance of 10003 feu;thence leaving said right orwvy run South 6143'I1'Ent.a distance of 204.93 feu:thence
South 28'IT 3T'West,a distance of 181.10 feet:liens South 611'19 43"Wal,a distance of 37.34 feet thence
North 87`16 00"Wen a distance of 111.23 feet thence North 61.4'_'01'West,a distance or B4.87 feet to the
Point of Beginning.
Said parcel contains 1.14 ores.inert or less.
OW Parcel 3:
Commence at is intersection of the Last right of soy of Omte.Apupti Snuu,as slnwn on the Orlando-Orange
County Expressway Authority Right of Way Mpg.Project No.75320'6460402403 and Or North right of nay of
West Road as shown on Ilic some snap:thence run Non II along mid tight of any North 21'IT 57 East a divorce
of 467.54 feet to the Point of Beginning;thence continue along right of way North'B'IT 59'E.L a distance of
200.00 feet thence leaving said right of way nth South 61.42'Or East.a distance of 14,87 feel to the point of
ore curve in the lee Bowing a radius of 66.00 feet and a central angle of thence 34'03':thee along the arc
of mid re d cune a distance of 26.77 feel to the point of tangency;thence South Er I6'07 East.n distance of 102.25
feet thence South 61.42'01'East a dinanee of 46.90 reel,thence 50011118'IT 59"West a distance of 25000
feet:thenceNorth 61•42'CI'N'est a d6unm of 249.90 feet o the Point of Beginning.
Sn id pastel contains l 26 acres,more or less.
Tenant Initio D'
Landlord Initial
Page IS
Out Parcel 4'.
Commence nl the Southeast corm or the Northeast quarter of Section 6;thane con along the South line or the
Northeast quarter South 66`35'31'West,a distance or 127549 feet;thence leaving said South line con North 05r
IS 5r West.a distance of 1 16.79 reel m the proposed new West Road Northerly right of way.per Orlando-Orange
County GPrnswny Authority Right of Way Map.Project Nu.153206460.602-603:0enee along said right away
Nonh g9'56'49'West a distance of.29B 92 feet o the Point 01-Beginning;thence continue along said right away
Not169`56 49'West a diaanee of 256.67 kt thence leaving said right of way run North 60'60'49"West,a
diaouce n16123 An;tree Nonh]gr It 03'Erin a distance or 1253 faun the point of curvature or a cone to
the right having n radius of 169.69 feet and a central angk or 41' 17 IT;Thence along lbw arc of said curve n
Oiaance of 143.11 fat Ilene leaving old curve run South 87•32"]I"East a dimnce of 49 feet:thence South
44'44'40'rust a distance of 42.21 fm:thence Sarah DO°03'II'West.a distance 01241.32 feel o the Point of
Beginning.
Sid parcel conums I.33 acres.more or lea.
Cho Parcel 5;
Commence at the Southeast comer of the Nonwst thinner of Section 6;thence to along the South line of the
Northeast quarter South 66`3W 31"Wee!.a distance of 1275.49 f thence leaving said South line run Nonh 05°
Il'Sr West.a distance of 111.79 Peet to the profoed new West Road Northerly right or way.per OrlanM0runer
County Expmsw.w Authority Right of Way Map.Project No.753211-6460-602-603:said point being the Point of
Beginning:thence along said right or way thence North 19'56'49'West.u distance of 206.92 fm;thence Nm0
00.03'I I'Fa^ a distance of 247.16 feet'.thence North 45'It Oa"Ease distance 0142.57 feet;thence South 89`
3"31"rash a distance of I53.2 feet thence Sooh t15• IS 58'East.a distance of 27730 feet to the Point of
Beginning.
Said parcel contains 124 acres,more or less.
Tenant lnillal
landlord Initial