Loading...
HomeMy WebLinkAboutBKC Closing - Easement - Signage Maintenance and AccessCFN 2008038282, OR BK 5847 Page 1006, Recorded 02/28/2008 at 11:15 AM, Scott Ellis, Clerk of Courts, Brevard County Doc. D: $0.70 This instrument was prepared byand- _Upou-=e ation.reftuwo: Sher Garner Cahill Richter Klein & Hilbert, L.L.C. 909 Poydras Street, Suite 2800 New Orleans, Louisiana 70112 Attention: Deborah J. Moench (504) 299-2100 `• (504) 299-2300 (fax) SIGNAGE. MAIN'T'ENANCE_ AND ACCESS EASEMENT AGREEMENT This Signage, M' tenance and Access Easement Agreement ("Agreement") is made as of the Lday of . ( a^ — 200 g by and between AIA ACQUISITION GROUP, '.. LTD., L.L.P., a Florida limited liability partnership ("AlA'), L&M DEVELOPMENT OF t 3 � BREVARD, INC., a Florida corporation ("L&M") and BURGER KING CORPORATION, a 6 Florida corporation ("BKC"). RECITALS - .b A. AIA is the owner of that certain parcel of land located in Brevard County, Florida, as more particularly described in Exhibit "A", attached hereto and made a part hereof M ("Hotel Parcel"), upon which Hotel Parcel is located an existing pylon sign ("Multi -User Pylon �--1 0� Sign") with existing sign panels for the Hotel. B. L&M is the owner of that certain parcel of land located in Brevard County, Florida, as more particularly described in Exhibit "B", attached hereto and made a part hereof ("L&M Parcel'), which L&M Parcel is contiguous to a portion of the Hotel Parcel. C. BKC is the owner of that certain parcel of land located in Brevard County, Florida, as more particularly described in Exhibit "C", attached hereto and made a part hereof, (`BKC Parcel"), which BKC Parcel is also contiguous to a portion of the Hotel Parcel. D. AIA has agreed to convey to L&M and BKC a perpetual non-exclusive right, privilege and easement over and upon the Multi -User Pylon Sign for the benefit of and as an appurtenance to the L&M Parcel and BKC Parcel, for use by L&M and BKC, and their respective successors and assigns, for the installation, construction,, operation, repair, replacement, maintenance and illumination of their respective sign panels in accordance with the Multi -User Pylon Sign criteria, attached hereto as Exhibit "D" and made a part hereof ("Multi - User Pylon Sign Criteria"), said Multi -User Pylon Sign being located at the approximate location shown on Exhibit "E" ("Sign Easement Area"), attached hereto and made a part hereof E. AIA has agreed to convey to L&M and BKC a perpetual non-exclusive right, privilege and easement over, upon and across that portion of the Hotel Parcel more particularly described in Exhibits "E", "E-1" and "E-2" attached hereto and made a part hereof by this reference (the "Sign Ingress -Egress and Utility Easement Area") for the benefit of and as an SIGNAGE, MAufm4ANCE AND Acem AGREEMENT PAGE l OF 1'9' 16 OR BK 5847 PG 1007 appurtenance to the L&M Parcel and BKC Parcel, for use by L&M and BKC, and their respective successors and assigns, in accordance with paragraph 3 herein, for access over, across and upon the Sign Ingress -Egress and Utility Easement Area, for access to the Multi -User Pylon Sign for the installation, construction, operation, repair, replacement and maintenance of their respective sign panels on the Multi -User Pylon Sign. F. AIA has agreed to convey to L&M and BKC a perpetual non-exclusive right, privilege and easement over, upon and across the Sign Ingress -Egress and Utility Easement Area for the benefit of and as an appurtenance to the L&M Parcel and BKC Parcel, for use by L&M and BKC, and their respective successors and assigns, in accordance with Paragraph 4 herein, for the provision of electric utilities for the illumination of the Multi -User Pylon Sign. NOW, THEREFORE, for and in consideration of the covenants and conditions set forth herein and in further consideration of Ten Dollars ($10.00) and such other good and valuable consideration, the adequacy and receipt of which are hereby acknowledged, the parties hereto, intending to be legally bound, do hereby agree as follows: TERMS OF AGREEMENT 1. Adoption of Recitals. The parties hereby acknowledge that the foregoing Recitals are true and correct and the same are hereby adopted as part of this Agreement. 2. Grant of Sim Easement. AIA has granted, sold, and conveyed and by these presents does GRANT, SELL, and CONVEY unto L&M and BKC, their respective successors and assigns, subject to the terms and conditions contained hereinafter, a perpetual non-exclusive right, privilege and easement over and upon the Multi -User Pylon Sign for the benefit of and as an appurtenance to the L&M Parcel and BKC Parcel, for use by L&M and BKC, and their respective successors and assigns, for the installation, construction, operation, repair, replacement, maintenance and illumination of their respective sign panels in accordance with the Multi -User Pylon Sign Criteria, attached hereto as Exhibit "D", and associated utilities, to have and to hold, together with all and singular the rights provided for herein, unto L&M and BKC, their respective successors and assigns, forever as an easement. Under the Multi -User pylon Sign Criteria, attached hereto as Exhibit "D," L&M shall have the middle sign panel designated as "Parcel A," and BKC shall have the bottom sign panel designated as "Parcel B." The Multi - User Pylon Sign Criteria and the Sign Easement Area may not be modified, reduced, and/or relocated without the prior written consent of L&M and BKC, which consent may not be unreasonably withheld. All sign panels shall be uniformly lit and shall comply with all applicable governmental permits, rules, regulations, ordinances (including any Town of Cape Canaveral Beautification Board requirements). 3. Grant of Ingress -Egress Easement. AIA has granted, sold, and conveyed and by these presents does GRANT, SELL, and CONVEY unto L&M and BKC, their respective successors and assigns, subject to the terms and conditions contained hereinafter, a perpetual non-exclusive right, privilege and easement (the "Ingress -Egress Easement") over, across, and upon the Sign Ingress -Egress and Utility Easement Area, as same may exist from time to time, for the benefit of and as an appurtenance to the L&M Parcel and BKC Parcel, for vehicular and SIGNAGE, MAINTENANCE AND ACCEss AGREEMENT NNE 2 of W r G OR BK 5847 PG 1008 pedestrian access to the Multi -User Pylon Sign for the installation, construction, operation, repair, replacement and maintenance of their respective sign panels on the Multi -User Pylon Sign, to have and to hold, together with all and singular the rights provided for herein, unto L&M and BKC, its successors and assigns, forever as an easement. The Sign Ingress -Egress and Utility Easement Area may not be modified, reduced, and/or relocated without the prior written consent of L&M and BKC, which consent may not be unreasonably withheld. 4. Grant of Utility Easement. AIA has granted, sold, and conveyed and by these presents does GRANT, SELL, and CONVEY unto L&M and BKC, their respective successors and assigns, subject to the terms and conditions contained hereinafter, a perpetual non-exclusive right, privilege and easement (the "Utility Easement") over, across, and upon the Sign Ingress - Egress and Utility Easement Area, as same may exist from time to time for the benefit of and as an appurtenance to the L&M Parcel and BKC Parcel, for the purpose of providing electricity and associated utilities to and from the Multi -User Pylon Sign for the illumination of the Multi -User Pylon Sign, to have and to hold, together with all and singular the rights provided for herein, unto L&M and BKC, their respective successors and assigns, forever as an easement. The Sign Ingress -Egress and Utility Easement Area may not be modified, reduced, and/or relocated without the prior written consent of L&M and BKC, which consent may not be unreasonably withheld. 5. Space on Multi -User Sign. L&M and BKC shall each design, fabricate, construct and shall install their respective sign panels on the Multi -User Pylon Sign, in accordance with the Multi -User Pylon Sign Criteria, attached hereto as Exhibit "D". All costs and expenses of the design, installation, construction and placement of such sign panels by L&M and BKC on the Multi -User Pylon Sign shall be paid by L&M and BKC, respectively. AIA shall be entitled to use of the sign's top panels, L&M entitled to the use of the middle panels and BKC entitled to the use of the bottom panels. 6. Maintenance of Multi -User Pylon Sign. AlA shall maintain and repair, at its cost and expense, its sign panels located upon the Multi -User Pylon Sign, and shall maintain and repair the Multi -User Pylon Sign, including, without limitation, the base, foundation, and structure, in good condition and repair. L&M and BKC shall reimburse AIA for their respective Proportionate Share (as defined following) of the cost of the ongoing maintenance and repair of the Multi -User Pylon Sign, including the cost to maintain and repair the base, foundation and structure, and including utility costs for illumination if said sign panels cannot be separately metered for such illumination, on an annual basis. Such costs of ongoing maintenance and repair of the Multi -User Pylon Sign shall be shared by/allocated to the respective parties as follows: 54% to AIA; 23% to L&M; and 23% to BKC ("Proportionate Share"). Twice annually, AIA shall submit to L&M and BKC a statement showing the actual and reasonable costs and expenses, if any, incuzred in maintaining and repairing the Multi -User Pylon Sign, together with supporting documentation in reasonable detail for the costs incurred and items and work provided. Said invoice and supporting documentation shall also set forth the calculation (in reasonable detail) of the amount to be reimbursed to AIA by L&M and BKC for their respective Proportionate Share. Al shall submit statements to L&M and BKC no later than January 31 of each calendar year for the months of July through December of the immediately preceding calendar year, and no later than July 31 of each calendar year for the months of January through SIGNAGE, MAINTENANCE AND ACCESS AGREEMENT PAGE 3 OF V' I G OR BK 5847 PG 1009 June of the current calendar year. Within thirty (30) days of receipt of such statements from AIA, L&M and BKC shall reimburse AlA for their respective Proportionate Shares of such costs and expenses. In the event any such maintenance and repair reimbursement is past due, the same shall bear interest at the rate of twelve (12%) percent per annum until paid. 8. Notices. All notices and demands herein required shall be in writing and shall be sent by either (a) United States Certified Mail, Return Receipt Requested, postage prepaid, or (b) national overnight delivery service with return receipt, delivery charge prepaid, to AIA, Attention: Tom C. Hermansen, 3425 North Atlantic Avenue, Cocoa Beach, FL 32931, L&M, Attention:> and BKC, Attention: Real Estate Legal Department, 5505 Blue Lagoon Drive, Miami, Florida 33126 and BKC, Attention: Real Estate Legal Department, P.O. Box 020783, General Mail Facility, Miami, Florida, 33102-0783. Notices sent by United States Certified Mail as set forth above shall be effective three (3) days after the same is deposited with the United States Postal Service, postage prepaid. Notices sent by national overnight courier service shall be effective one (1) day after depositing the same with such courier service, delivery fee prepaid, marked for next day delivery. 9. General. This Agreement shall be binding upon the respective parties hereto, their successors and assigns, and shall constitute covenants running with the lands described herein and shall inure to the benefit and be binding upon the parties hereto and the respective grantees, heirs, successors, assigns, tenants, agents, employees, guests and invitees. The invalidity, in whole or in part, of any covenants, restrictions or any section, subsection, sentence, clause, phrase, word, or other provision of this Agreement shall not affect the remaining portions thereof. This Agreement shall be governed by the laws of the State of Florida as they may be amended from time to time. This Agreement constitutes the entire understanding of the parties and incorporates all previous understandings of the parties. This Agreement may be executed in counterparts, each of which, when executed and delivered, shall be an original, but all counterparts shall together constitute one and the same instrument. This Agreement may be only modified by a future writing agreed by the parties or their respective successors and assigns. This Agreement shall be recorded in the Public Records of Brevard County, Florida. Should any disagreement arise under this Agreement, the prevailing party in any action to enforce or defend provisions of the Agreement described herein shall be entitled to recover all costs and reasonable attorneys' fees incurred before trial, at trial, and appeal, and venue for said action shall lie in Brevard County, Florida. The parties further agree to reasonably cooperate among themselves to the extent necessary to effectuate the intent of this Agreement. 10. Mortgage Joinder. Attached hereto as Exhibit "F" is the consent to and joinder in this Agreement by AIA's mortgagee. REMAINDER OF PAGE LEFT INTENTIONALLY BLANK SIGNATURES FOLLOWING SIGNAGE, MAINTENANCE AND ACCESS AGREEMENT PAGE 4 OF W OR BK 5847 PG 1010 IN WITNESS WHEREOF, AIA has caused the Agreement to be executed this II day of Dec-- , 2007. WFESSSS: Q AIA ACQUISITION GROUP, LTD., L.L.P., a Florida limited Iiability limited partnership By: AlA Acquisition Corp., a Florida corporation, as its General Partner By:�` Print ger Dobson Title: Pre' nt STATE OF FLORIDA COUNTY OF 69&AA-0 BEFORE ME, the undersigned authority, on this date personally appeared Roger Dobson, known to me to be the person whose name is subscribed to the foregoing instrument, and who acknowledged to me that he executed the same in his capacity as President of AIA ACQUISITION CORP., a Florida corporation, acting as the General Partner of AIA Acquisition Group, Ltd., L.L.P., a Florida limited liability limited partnership, for and on behalf of said limited liability limited partnership for the purposes and consideration therein expressed. Given under my hand and seal of office this I t day of OE< —02007. AUM aA I-V. ` Notary Public, State of Florida My commission expires: MY COMMISSION # DD688636 EXPIRES June 24, 2011 (407) 39"153 F106dallotary8ervfi aexom SIGNAGE, MAINTENANCE AND ACCESS AGREEMENT PAGE 5 oF)e f r OR BK 5847 PG 1011 IN WITNESS WHEREOF, L&M has caused the Agreement to be executed this ! day of pe(- , 2007. WI SSES: V�M& r --- STATE OF FLORIDA COUNTY OF MIAMI-DADE L & M DEVELOPMENT OF BREVARD, INC., a Florida corporation Ey. Print Namt! Kyriacos J. La Title: President BEFORE ME, the undersigned authority, personally appeared Kyriacos J. Lagges, to me well known and known to me to be the individual described in and who executed the foregoing instrument as President of L & M DEVELOPMENT OF BREVARD, INC., a Florida corporation, and acknowledged to and before me that he executed such instrument as such President of said corporation, and that said instrument is the free act and deed of said corporation. WITNESS my hand and official seal this I I day of DCc 12007, obu 6aA rel.-, - Notary Public My Commission Expires: °: MY COMMISSION## DD688636 ±' d� EXPIRES June 24, 2011 (407138&-0153 FlorldsNote 8ery CO.00M SIGNAGE, MAINTENANCE AND ACCESS AGREEbfENT PAGE 6 OF 0 J r OR BK 5847 PG 1012 (01 )� WITNES7 WHEREOF, BKC has caused the Agreement to be executed this 7 day of 2007. WITNESSES: STATE OF FLORIDA COUNTY OF MIAMI-DADE BURGER KING CORPORATION, a Florida corporation By: rit� 2 yu�� Print Name: 8L. K0 Title: - p n B the undersigned authority, personally appeared ,qm to me well known kn vn to e o be the individual descri ed in and ho executed the foregoing instrument as e , f BU-KGER KING CORPORATION, a F1*darpQ tion, and acknowledged to and before me that s/he executed such instrurnent as such I4 2 � _ f said corporation, and that said instrument is the free act and deed of said corporation. WITNESS my hand and official seal this I Y' day �g1Ntil IIII11lll/ LOP4c%� a� e o�M�SS10/y�,° d °° y ae .2og� o �� o greo o7f Toe° #DD 372443 i9 o ad 0-ndedWic ''/�/9�i�q� OAlll 11111 6 Notary Public mmU)� My Commission Expires: ! L SIGNAGE, MALNUNANCE ANP ACCESS AGR11a]ENT PAGE 7 ork( 1" 2007, OR BK 5847 PG 1013 EXHIBIT 'W' Legal Description of Hotel Parcel A .4000n of thaw land$ rFestni>ed In off GW P'tc*rdz 8aok 526k t'a$e .21" etrd O rfrcta! ff8a:otfty Ouok kwf. 52ag par}�e .++'.',go Cf €ho pubge t?"WdS, at O9i5 Add= �t�4uldt dlt. 0 6' r4wMvhfp «4 Sou0t. ft-gv Xi East,;nrmt be€oo a porwn 0 1abg 47 . Gbrr»�etice at flirt Deterseel3vi+ of the Nmrf Hot of the Saum .iJ'tH.w taot of tow 5tctioo * abd the. 3►4sstery »gfht of rKry a of Stoto fted A—t A: tt 0t'e SJ7'"71'rfl f along Wald Woo erfy r`.ght of wsty Gift o da3 VWW of 61'3.78 t� to the foWf OF SCCj& jW of Ura herein datcvtJara ptrrcal. fhc�rtca .�onY.+va diuk't0"t� iVif: . of way Ane; Q d1sla4r* of 4S.00 Atli: tlJ537421 Ss�'�tii7"lt; ri titbiY3fiGQ of rsS4.78 ferW. f M SMSVI, f3: a dPsrlanca o' +St.X'7 twat: thrr>xe S7Y2i Dp o dlsiv�nce nl 27t3.t1x feat ti+ the 5avtl+w o' Jae of o%W +EwAl thaxe the AAb*fnq J COO` 41wW sand Soothe�y t1no: I1I X78 Blt"ti; rr dfatarrco of 116.8E A04. (23 S'Jr;? 0*& d dbton= of 290.60 ir"t:• (?} SS7;38''�!`1Y ra wFV146W of Mtip fact to the Moen $bumxnty t*rr+ar of adfd itro&; debes m3r2t't oloaq (he 1Wcw,&rty Ifni al eAd lander a dtstotrea »I l,t3?,a^i feet: to the Abrtttweat yprMF of OaXd ttlnd� lt+zlr�x 5f�2837� afoaq tint North Ana of s<ttd jandY, a A40n a of . SAW f*Ol then�rr s rpt X10 ff 05m?W4 of 'aim hf&A C#94ff,Nt+ 1i,1 CuetoiPd 8.20 ares, ttwfffi of ions. N�".�'t�"E; a t6vtanca of 164,62 feat to the J SIGNAGE, MAINTENANCE Am ACCESS AGREEMENT PAGE 8 GF j61 OR BK 5847 PG 1014 Legal Description of L&M Parcel I)ESGRIPT1O14; OUT PARCEL t A paWan of thaaa lando dasaibed to otfldal f?aawds Doak 5296, EaJt r Of the Pwbard Q Ra 0 of BraLY]rd Gdur U; fiardda, 0,1119 in $e dW7 13„ TOWnshtp 24 $oUth, Rpnge 37 140, b#rnp mare pdrygulerhy des&ibad as fdJlDW R' Cetnrttanr,'e �t the inler6RClx7n of fh0 Nodh tins of th* South 3316.80 feat of sefd SYotton 15 and the 1Ydatery rlghf or ray 1(170 of 5totf�gaed stance%gas. fuel, 10-00 W1 toe#1Y¢nt dt JAVthpod ca'n•r et ac,d1J di :#d afang said WestO0rrpp++nght of wv he (fur POW), 00- SIC NNlff0 of the harefn dnsrrrbrd pamall fhonca contlnzn, $57,21'1Cf'4 slang "Id Wastery rW( of way fuze, a d1stanaa Of Ib9,0 (eat; ttltnta 55239't30"V! a distance of 1+SI.lf: fist than S 8'4?'TbV, a dlttanes of 64,jfi Jh of #MPI M fanoe' t oncr Y89 t r aor tae the POhe va Feb lfAe of so;d fonds; t,W= S89`.28'j7%. n9 didorr.w)wN6,• Cbnwitung 0.92 pares. mora or kas. SIGNAGE, MAINTENANCE AND ACCESS AGREEMENT PAGE 9 OF 1T' OR BK 5847 PG 1015 EXHIBIT "C" Legal Description of BKC Parcel A PORTION OF THOSE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 5288, PAGE 2196 AND OFFICIAL RECORDS BOOK 5288, PAGE 2198 OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA, LYING IN SECTION 15, TOWNSHIP 24 SOUTH, RANGE 37 EAST, BREVARD COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.- COMMENCE OLLOWS: COMMENCE AT THE INTERSECTION OF THE NORTH LINE OF THE SOUTH 3316.80 FEET OF SAID SECTION 15 AND THE WESTERLY RIGHT OF WAY LINE OF STATE ROAD A -1-A (A 100.00 FOOT WIDE RIGHT OF WAY); THENCE CONTINUE SOUTH 37 DEGREES 2110" EAST, ALONG SAID WESTERLY RIGHT OF WAY LINE, A DISTANCE OF 660.78 FEET, TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE CONTINUE SOUTH 37 DEGREES 21'10" EAST, ALONG SAID WESTERLY RIGHT OF WAY LINE, A DISTANCE OF 294.74 FEET, TO THE SOUTHERLY LINE OF SAID LANDS; THENCE SOUTH 52 DEGREES 38'50" WEST, ALONG THE SOUTHERLY LINE OF SAID LANDS, A DISTANCE OF 213.04 FEET; THENCE NORTH 37 DEGREES 21' 00" WEST, A DISTANCE OF 270.04 FEET, THENCE NORTH 25 DEGREES 31' 22" EAST, A DISTANCE OF 54.21 FEET; THENCE NORTH 52 DEGREES 39' 00" EAST, A DISTANCE OF 164.78 FEET, TO THE POINT OF BEGINNING. CONTAINING 1.428 ACRES (62,196 SQUARE FEET) MORE OR LESS S16NA(iF MAINTFNANCEAND ACCESsAGRUMENf PAGE 10 OF I/ 1 r OR BK 5847 PG 1016 Multi -User Pylon Sign Criteria Parcel A = L&M Parcel B = BKC 150 S4wm FeatTawl SIGNAGE, MAINTENANCE AND ACCESS AGREEMENT PAGE 11 OF�.i 1 OR BK 5847 PG 1017 E3�IIBIT'' "E" Sign Easement Area SKETCH TO ACCOMPANY DESCRIPTION INGRESS, .EGRESS 8 THE INSTALLATION AND MAINTENANCE OF UTILITIES POINT OF COMMCNCCMCNT •h ;.¢ d K 3"ff is pe i1CFXf! f! L..._.......'..-.. b� \ PROPOSED OUT PARCEL. I i lw V �\ \ ` \$o" •,� � .ice � � gfEET I OF Z �py�Q LLE N Enm*o%; • twr&VSS 11 q f.QCUI 9B LOSP41RIP6 tlYHI D .Z 'ItUvAnAy� 1n•ty+�t�rLL� • RUt Sulixn.No -•—'�` .wtr,u wsllr.+npau • oath lohwmaatact —SEE SHEET 2 FOR DES01MON. SURVEYOR'S CERTIFICATION ft NOTES A�S1 rror frrr FnR ..—�.�..^_. ., We:t s-05 _AR40Ni SK GW' AfA ACCUISf OM MVP 444,f -LP.. w. tl14L^95 SCALE_ I'�6a' Ij Piz A VvLL11 SIGNAGE, MAIMMANCE AND ArcW5 AGREEME14T PAGE 12 OF 16 OR BK 5847 PG 1018 EXHIBIT "E-1" Legal Description of Sign ingress -Egress and Utility Easement .Area The eastern thirty (30) feet (adjacent to Highway AIA) of the Property described in Exhibit "E- 2" attached hereto and incorporated herein by this reference. SIGNAGE, MAINTENANCE AND ACCESS AGREEMENT PAGE 1e 5 tbo-Ft(, OR BK 5847 PG 1019 EXHIBIT "E-2" DESCRIPTION OF EASEMENT: A* vasrment fart� E s and 14 bul*Aott'pa ontr mo�nranan" of ut�x&Z bolt o pottloh of thaw Janda d"~ /A= fin mi .0eok Q,00, Aago 21M, of &a, Avbdb Hrear0 o1 #»-turd Countj; Florhla, WV M 4{t ih SeaBah M rpwneh{o 24 5au11, Nonga ,t9 Obst, 6rswd Caen{y, Rerfdq bv.'hg Mora partlsulpry dercrtbod aY fohoro: t.'odwh*ls&A al I" lnfrnbnuaf of the Narfh Mo at Mo S001h .1314480 loft of "Ad Sealloh 15 002r the Welltr/y hVht a +goy fee or ftte Road A --1—A (a WOO foot wlds right al �sy� thonce VMr,10T, aMnp a . Wwterlr Aot of soy mo" a dktonca of t9ts.78 foot to thr t 0wT d� AEi7JNdDNO of the herein dearrfbeu oa Pamoft than* epntM?", SJTQX'tp L, abag Bard W rrght of ray #M, a dW&Uw of 41 00 feet: thams S$2'39'0&*1S a dlatanor of W78 W1, ih#nsw 525'31'22W, a d`ettmra nl $4,21 (art; than0a NJ7'21 M'W,, a $st"ce of 0#.44 fart tha>na 1479'&WE, a dWanca of SUS kei; ttdenae W2"wi7Qv, n o6atomce of 181.0 tart, to tMr PONT Or 9ttOWN6. Conl*U*g 0,25 oaea, OW* of tarp, SIGNAGE, MAINTENANCE Am) ACCESS AGREEMENT PAGE Q,-� 5 14.fJG OR BK 5847 PG 1020 EXHIBIT "F" CONSENT AND JOINDER OF MORTGAGEE TO SIGNAGE, MAINTENANCE AND ACCESS EASEMENT AGREEMENT This Consent and Joinder of Mortgagee to Signage, Maintenance and Access Easement Agreement (the "Consent") is made as of the —j�- day of NRq, 2007, by BRANCH BANKING AND TRUST COMPANY, a North Carolina banking corporation (the "Mortgagee"), WITNESSETH: WHEREAS, AIA ACQUISITION GROUP, LTD., L.L.P., a Florida limited liability partnership granted to BURGER KING CORPORATION, a Florida corporation that certain Signage, Maintenance and Access Easement Agreement attached hereto as Exhibit "A" (the "Easement'); and WHEREAS, Mortgagee owns and holds a mortgage and financing statement encumbering the property affected by the Easement as recorded in Official Records Book 5433, Page 5179, and in Official Records Book 5433, Page 5192, respectively, all of the Public Records of Brevard County, Florida, as subsequently amended (collectively the "Mortgage"); and WHEREAS, Mortgagee has been asked to consent to and join in the Easement as the holder of the Mortgage encumbering the property affected by the Easement. NOW, THEREFORE, for and in consideration of the sum of TEN and 00/100 Dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Mortgagee does hereby consent to and join in the Easement, and subordinates it's Mortgage lien encumbering the property affected by the Easement to the terms and conditions of the Easement. WITNESS WHEROF, the undersigned Mortgagee has executed this Consent as of the (c day of muurm,s 'a , 2007. BRANCH BANKING AND TRUST COMPANY, a North C rolina anking c ration fitness G ! . Lori a win, as its Vice President CTv41 aq 01 osit Print Witness Nalne SIGNAGE, MAINTENANCE AND ACCESS AGREEMENT PAGE 14-M15 !S of /` OR BK 5847 PG 1021 Witness Print Witness Name STATE OF FLORIDA COUNTY OF BREVARD The foregoing instrument was acknowledged before me this &day of hcw&..s 2007 by Lori Baldwin as Vice President of Branch Banking and Trust Company, a North Carolina banking corporation, on behalf of said corporation o who is personally known by me, or o who has produced a Florida driver's license as identification. VICTORIA COSTA MY COMMISSION I DD 513214 r'• Notary P lic EXPIRES; February 1,2010 "' o'r'; .•u Bonded Th u Notary Publ c Untle w Ners Print Name: i C. -r O 2 t KI C ©5 0Z) Commission Expires: .,I/ I IIo SIGNAGE, MAINTENANCE AND ACCESS AGREEMENT PAGE 4159 5 16,-( lL