Loading...
047-Consent to Assignment to Suncor Island Properties LTD (2)Ir1ROK 0188, amm W CIRCUIT CWRr SE UMLE CMWY BK 05254 PGS 12a9 -129 2 r� .n� Re�� To: CLERK% S * 2004051571 I Awod%im?A IECOM 04MIM 12e36131 PN Tide Insurance Closing Services RECtglD10 FEES EL30 9733 60 Stnd RECOND BY L Woodsy PineEss Park, F1 3YM2 PARTIAL ASSIGNMENT OF LEASE h a greement entered between SANFORD MMINA HOTEL C01tPORA c Ohereinafter referred to as "Assignor" whose address is 100 Not (lexander St., Mount Dora, Florida 32757, and SUNCOR ISLAND PRO�PER LTD., hereinafter referred to as "Assignee ", whose address� 50 N. Palmetto Ave., Sanford, FL 32771 and the CITY OF SANFORD, F rida, whose address is P.O_ Box 178e, Sanford, FL 32771. WX 27WSSKTH WHEREAS, Assignor the Lessee and owner of a leasehold interest from the CITYOSANFORD (LANDLORD ), pursuant to a lease dated the 11" day of May,, recorded in Official Records Book 3001, page 1920, Public Re, of Semino County, Florida, for real property located in Se. County, Florida identified as O1 follows: Lots 2 and 3, SANFORD RIVE ROJECT, according to the Plat thereof as recorded lat Book 14, Page 88 of the Public Records of Seminol �� ty, Florida; which is hereinafter referred to as t *'Lease "; and WHEREAS, Assignor desires to sell Assignee desires to Purchase a portion of the Lease as is more Vifically identified herein. Book5254 /Page1289 CFN #2004051571 WX THEREFORE for and in consideration of the sum of Ten and No /100 Dollars ($10.00) and other good and valuable consideration, received from or on behalf of Assignee, at or before the signing and delivery of these presents, the receipt whereof is hereby acknowl6x0ed, the parties agree as follows: esignor does hereby grant, bargain, sell, assign, transf ;t-ons et over unto Assignee and Assignee hereby accepts the followin of the Lease identified as follows: The portion of the Lease that relates to and encumbers th :&RD owing described real property: Lot 3, RIVBRFRONT PROJECT, according to the Plat thereof as orded in Plat Book 14, Page 88 of the Public Reco a f Seminole County, Florida, together with that portio Lot 2, SANFORD RIVERFRONT PROJECT, according to a lat thereof as recorded in Plat Book 14, Page 88 Public Records of Seminole County, Florida, depic on the drawing attached hereto as Exhibit "A " , with perpetual ingress and egress easements over 'sting roadways on Lot 2 described above for the ben of the property leasehold interest being assigned her i.-- b. The rent obliOM owed to the City of Sanford that relates to the portion of se being assigned o Assignee above, which is 47% of the re pursuant to the Lease, which Assignee does hereby assume and o pay. 2. Assignee assumes the re g terms of the Lease not dealing with the urapportioned amouent and the remaining property being leased to Assignor and the Lease. The remaining assumed terms of the Lease combined witHzt portion of the Lease being assigned hereby, shall constitute a i t lease between the O -2- Book5254 /Page1290 CFN #2004051571 Assignee and the City of Sanford. 3. By execution hereof, the City of Sanford agrees as follows: a. The City of Sanford consents to this Partial Assignm of Lease. The City of Sanford releases Assignor from the obligg � z6' r to the portion of the Lease being assigned hereby � Qrees that oniiy the Assignee is obligated for the portion of R Lease s assigned hereby. 4. Ass shall continue to own that portion of the Lease related to thllowing described property subject to the Lease: Lot Q, SMI OUT PROJECT, according to the Plat thereof as dad in Plat Hook 14, Page 88 of the Public Recor Seminole County, Florida, less the portion of Lo *drignee. icted on attached Exhibit " A " which was assigned Assignor reaffirms itsigations to the City of Sanford for the portion of the Lease nc0 hereby. Specifically, but without limitation, Assignonowledges its continuing obligation to pay 53% of the rent due t to the Lease to the City of Sanford and to comply with all 2 remaining terms of the Lease not assigned hereby. 5. The parties hereto an�Xfi City of Sanford hereby acknowledge that the obligations of ignor and the Assignee to the City of Sanford are indepen nt of each other and are limited to the portion of the Lease thah owns as a result of this partial assignment and they are not ngent or related to each other as to performance or default Lease by either -3- �t n'L Book5254 /Page1291 CFN #2004051571 Assignor or Assignee. In the event of default, the City of Sanford will pursue its rights solely against the defaulting party and a default by one shall not constitute a default by the other. 6. This agreement shall be binding upon and inure to the benefit f the parties, their successors, assigns and personal repr t ves. I SS W98RROF, the parties have executed this partial Q assignme lease intending to be bound thereby on the dates indicated ow their signature. Sijgry�ture J f,� L e Printed Signature Sanf arina Hgte Cor ra n By: Jam Barggren, r s nt Da a March ';T SUNCOR ISLRND PROPERTIES, LTD. a Florida limited partnership By and through its General Partner, Suncor Island mineral, Inc., Florida CorporjjZn iert L. Horian, President �t N- Palmetto Ave. a ord, FL 32771 DZC �s/Fharch : �J_,, n 2004. 0 Book5254 /Page1292 CFN #2004051571 ATTEST: An Dougherty, ty C e STATE OF ORIDA COUNTY OF INO CI By: Brady Lessar, , Mayor Dated: March3e% 2004. I�ER CERTIFY that on this day, before me, an officer duly authors administer oaths and take acknowledgments, personally appeared CC. BARRGREN, known to as to be the President of Sanford Hotel Corporation, a Florida corporation, and the person des in and who executed the foregoing instrument, and he acknowl d executing the same in the presence of two subscribing witn 4s freely and voluntarily under authority duly vested in her aid corporation. WITNESS my d official seal in the County and State last aforesaid this of March,,2004 {affix notary seal) �/ 11 Not ub ic; tate o int Name: , ST io ";`..',ytr 41YCOAIYISSIOµ Q •� EXPM� STATE OF FLORIDA } ''craw B COUNTY OF SEMINOLE ) I HEREBY CERTIFY that on` authorized to administer oath appeared ROBERT L. BORIAN, as INC., a Florida Corporation, G SUNCOR ISLAND PROPERTIES, LTD. known to me to be the pers instrument, who is personally as proof acknowledged before me that he freely and voluntarily for the day, before me, an officer duly ake acknowledgments, personally dent Of SUNCOR ISLAND GSNSRAL, Partner of and on behalf of 1 rida limited partnership, Qs na ted inthe foregoing me or who has produced entif and who the foregoing instrument escribed therein. WITNESS my hand.and official s aforesaid thi day of March, (Affix notary Seal) -5- Countv and State last J. KNAMr CNiDO20 nappy 17, 2007 e:,wa1„ Book5254 /Page1293 CFN #2004051571 Begin at the Northeasterly corner of Lot 2, SANFORD RlwRBRONT PROJECT, according to the Plat thereof as recorded in Plat Book 14, Page 88 of the Public Records of Seminole County, Florida, and run N 69 degrees 16 W along the Northerly line of Said Lot 2. 147.12 feet; thence leaving said Northerly line run S 19 degrees 51'25 W. 112.87 feet; thence run S 69 degrees 22'57" E. 92. k616 et to a point on the Easterly line of said Lot 2; run N 45 degrees 40' 17" East along said Easterly ane 4.29 feet to the Point of Beginning. Containing 1 squar feet or 0.3108 Acres. O O Exhibit "An �Pp Book52541Page1294 CFN #2004051571