2431 Consent and Subordination Agreement - Seminole Mall Realty Holding, LLCGRANT
COUNTY
CLERK OF CIRCUIT CIOURT & COMPTROLLER
CFN# 2022075461 Bk:10268 Pg:353-357(5Pgs)
REC: 06/28/2022 3:48:10 PM by mjenkins
RECORDING FEES $44.00
This instrument prepared by and
after recording return to:
Traci Houchin, City Clerk, MMC, FCRM
City of Sanford, Florida
300 N. Park Ave.
Sanford, FL 32771
CONSENT AND SUBORDINATION AGREEMENT
The undersigned as holder of that certain Mortgage, Security Agreement and Assignment
of Leases and Rents executed by SEMINOLE MALL REALTY HOLDING, LLC, a Florida
limited liability company ("Mortgagor") dated April 14, 2020 and recorded on April 15, 2020, in
Record Book 9580 , Page 1371 of the Official Records of Seminole County, Florida, (the
"Mortgage") which encumbers the lands more particularly described in Exhibit "A" attached
hereto (the "Land"), hereby consents to the execution by Mortgagor of that certain Planned
Development ("PD") Agreement No. 22- 16 (0 Relating to the Seminole Towne Center Mall Site
(Generally addressed as 200 Towne Center Boulevard) (" PD Agreement") and further agrees that
the Mortgage shall be subordinated to the PD Agreement.
IN WITNESS WHEREOF, the undersigned has duly executed this instrument on this
._ day of June, 2022.
Signed, sealed and delivered
in the presence of:
Witness:
Print Name: i-i(7�c/lCli►� �VIUJc�
Witness
Print Name:
AFF II SEMINOLE, LLC
A Delaware limited liability company
By:
Print Name: A41 {U/�C' G .-1
Title:��
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STATE OFCl
COUNTY OF �(J i I O�
The foregoing instrument was acknowledged before me b e of E1-Ahysical presence
or ❑ nli_ne izat'on, this of June, 2022 , by S I//l�c7c�
as Z (C ape of authority, e.g. officer, trustee, attorney in fact) for AFF II
SEMINOL , LLC, a Delaware limited liability company, who is F.Wersonally Known or ❑
Produced Identification - Type of Identification Produced
[Affix No!
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e's'�G+O ���'C► ��a
NOTAR
of Notary liublic - State of Florida)((jeott,6�c
(Printed Name of Notary[Public
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EXHIBIT A
Legal Description
PARCEL 1-FEE SIMPLE:
TRACTS 1, 12 AND 13, SEMINOLE TOWNE CENTER REPLAT, ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 47, PAGES 8, 9 AND 10, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY,
FLORIDA.
TOGETHER WITH THAT PORTION OF TRACT 7, SEMINOLE TOWNE CENTER REPLAT, ACCORDING TO THE
PLAT THEREOF AS RECORDED IN PLAT BOOK 47, PAGES 8, 9 AND 10, OF THE PUBLIC RECORDS OF
SEMINOLE COUNTY, FLORIDA; BEING MORE PARTICULARLY DESCRIBED AS: BEGIN AT THE NORTHEAST
CORNER OF SAID TRACT 7; THENCE SOUTH 00'17'42" EAST 6.77 FEET; THENCE SOUTH 45'17'42" EAST,
16.97 FEET; THENCE SOUTH 00°17'42" EAST, 32.51 FEET; (THE LAST THREE (3) COURSES BEING
COINCIDENT WITH THE WESTERLY RIGHT-OF-WAY LINE OF TOWNE CENTER BOULEVARD, AS SHOWN ON
THE PLAT OF SEMINOLE TOWNE CENTER REPLAT, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN
PLAT BOOK 47, PAGES 8 THROUGH 10, INCLUSIVE (SEMINOLE COUNTY, FLORIDA); THENCE DEPARTING
SAID RIGHT-OF-WAY LINE, SOUTH 89°42'18" WEST 41.49 FEET; THENCE NORTH 00°17'42" WEST, 52.75
FEET; THENCE NORTH 89'42'18" EAST 20.24 FEET TO A POINT ON A CURVE CONCAVE TO THE SOUTH,
HAVING A RADIUS OF 30.00 FEET AND A CHORD BEARING OF SOUTH 81*18'56" EAST; THENCE EASTERLY,
ALONG THE ARC OF SAID CURVE, 9.40 FEET THROUGH A CENTRAL ANGLE OF 17'57'32" TO THE POINT OF
BEGINNING.
LESS AND EXCEPT THAT PORTION OF TRACT 1, SEMINOLE TOWNE CENTER REPLAT, ACCORDING TO THE
PLAT THEREOF AS RECORDED IN PLAT BOOK 47, PAGES 8, 9 AND 10, OF THE PUBLIC RECORDS OF
SEMINOLE COUNTY, FLORIDA; BEING MORE PARTICULARLY DESCRIBED AS: COMMENCE AT THE SOUTH
QUARTER CORNER OF SECTION 29, FOR A POINT OF REFERENCE; THENCE RUN NORTH 00°15'36" WEST,
ALONG THE WEST LINE OF THE SOUTHEAST % OF SAID SECTION 29, A DISTANCE OF 2098.60 FEET; THENCE
RUN NORTH 89'44'24" EAST, 155.93 FEET TO A POINT LYING ON THE WESTERLY LINE OF TRACT 2 OF SAID
PLAT, AND THE POINT OF BEGINNING; THENCE RUN ALONG THE COMMON LINES OF TRACT 2 AND TRACT
1 OF SAID PLAT, THE FOLLOWING COURSES: SOUTH 88°00'00" EAST, 15.26 FEET; THENCE RUN NORTH
52°00'00" EAST, 89.99 FEET; THENCE RUN SOUTH 88°00'00" EAST, 10.74 FEET; THENCE RUN NORTH
18°00'00" WEST, 39.86 FEET; THENCE RUN NORTH 89°53'08" EAST, 253.79 FEET; THENCE RUN NORTH
00°06'52" WEST, 37.17 FEET; THENCE RUN NORTH 89*53'08" EAST, 35.07 FEET, TO A POINT LYING ON THE
SOUTHERLY LINE OF TRACT 6 OF SAID PLAT; THENCE, DEPARTING SAID COMMON LINES BETWEEN SAID
TRACT 2 AND TRACT 1, RUN ALONG THE COMMON LINES BETWEEN SAID TRACT 2 AND TRACT 6 THE
FOLLOWING COURSES: NORTH 89°53'08" EAST, 316.23 FEET; TO THE POINT OF CURVATURE OF A CURVE
CONCAVE SOUTHWESTERLY; THENCE RUN SOUTHEASTERLY ALONG SAID CURVE, HAVING A RADIUS
LENGTH OF 252.00 FEET, A CENTRAL ANGLE OF 31°40'45", AN ARC LENGTH OF 139.33 FEET, A CHORD
LENGTH OF 137.56 FEET, AND A CHORD BEARING OF SOUTH 74-16'30" EAST, TO A POINT ON THE
AFORESAID COMMON LINES OF TRACT 2 AND TRACT 1; THENCE DEPARTING SAID COMMON LINES OF
TRACT 2 AND TRACT 6, RUN ALONG THE SAID COMMON LINES OF TRACT 2, AND TRACT 1 THE FOLLOWING
COURSES; SOUTH 27*00'00" WEST, 321.88 FEET; THENCE RUN SOUTH 63°00'00" EAST, 38.51 FEET;
THENCE RUN NORTH 87-00'00" EAST, 195.42 FEET; THENCE RUN SOUTH 00*17'42" EAST, 461.51 FEET;
THENCE RUN SOUTH 87°00'00" WEST, 379.75 FEET; THENCE RUN SOUTH 78°36'34" WEST, 85.58 FEET;
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THENCE, DEPARTING SAID COMMON LINES OF TRACT 2 AND TRACT 1. CONTINUE SOUTH 78-36,34" WEST,
00.80 FEET; THENCE RUN NORTH 63°00'00" WEST, 79.76 FEET; THENCE RUN NORTH 27°00'00" EAST,
55.50 FEETTO A POINT ON THE AFORESAID COMMON LIES OF TRACT 2 AND TRACT 1; THENCE RUN ALONG
THE SAID COMMON LINES OF TRACT 2 AND TRACT 1 THE FOLLOWING COURSES: NORTH 63°00'00" WEST,
359.54 FEET; THENCE RUN NORTH 27°00'00" EAST, 92.34 FEET, THENCE RUN NORTH 18' 00' 00" WEST,
386.75 FEETTO THE POINT OF BEGINNING.
PARCEL 2-FEE SIMPLE:
TRACTS 20 AND 21, SEMINOLE TOWNE CENTER REPLAT NO.2, ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 49, PAGES 27, 28 AND 29, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY,
FLORIDA.
LESS AND EXCEPT TRACT 20 AS CONVEYED BY SEMINOLE TOWN CENTER LIMITED PARTNERSHIP ON
SEPTEMBER 7, 2017 AND RECORDED SEPTEMBER 18, 2017 IN OFFICIAL RECORD BOOK 8890, PAGE 308.
PARCEL 3-EASEMENT:
EASEMENT RIGHTS, AS CONTAINED IN THAT CERTAIN CONSTRUCTION, OPERATION AND RECIPROCAL
EASEMENT AGREEMENT, RECORDED IN OFFICIAL RECORD BOOK 2815, PAGE 636, OF THE PUBLIC
RECORDS OF SEMINOLE COUNTY, FLORIDA.
PARCEL 4-EASEMENT:
EASEMENT RIGHTS AS CONTAINED IN THAT CERTAIN ACCESS EASEMENT AND MAINTENANCE RECORDED
IN OFFICIAL RECORD BOOK 3001, PAGE 1473, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA
PARCEL 5-EASEMENT:
EASEMENT RIGHTS AS CONTAINED IN THAT CERTAIN PERPETUAL NON-EXCLUSIVE EASEMENT
AGREEMENT RECORDED IN OFFICIAL RECORD BOOK 7412, PAGE 1528, AS AMENDED BY THAT CERTAIN
FIRST AMENDMENT TO PERPETUAL NON-EXCLUSIVE EASEMENT AGREEMENT RECORDED IN OFFICIAL
RECORD BOOK 7677, PAGE 1259, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA.
PARCEL 6-RESERVED EASEMENT:
NON-EXCLUSIVE EASEMENT FOR THE LIMITED PURPOSE OF PERMITTING PEDESTRIAN AND VEHICULAR
INGRESS , AND EGRESS AND REGRESS VIA THE RESERVED ACCESS EASEMENT AREA, AND NO OTHER
PURPOSE, AS MORE PARTICULARLY SET FORTH WITHIN THAT CERTAIN SPECIAL WARRANTY DEED BY AND
BETWEEN SEMINOLE TOWNE CENTER LIMITED PARTNERSHIP AND CJD NORTHPARK, LLC, RECORDED IN
OFFICIAL RECORD BOOK 8990, PAGE 308, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA.
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PARCEL 7-RESERVED UTILITY EASEMENT:
NON-EXCLUSIVE EASEMENT FOR THE LIMITED PURPOSE OF CONSTRUCTION, INSTALLING, OPERATING,
INSPECTING, MAINTAINING, REPAIRING AND/OR REPLACING UNDERGROUND GENERAL UTILITY
FACILITIES AND RELATED SURFACE AND SUBSURFACE APPURTENANCES, AS MORE PARTICULARLY SET
FORTH WITHIN THAT CERTAIN SPECIAL WARRANTY DEED BY AND BETWEEN SEMINOLE TOWNE CENTER
LIMITED PARTNERSHIP AND CJD NORTHPARK, LLC, RECORDED IN OFFICIAL RECORD BOOK 8990, PAGE
308, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA.
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