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HomeMy WebLinkAboutSWA000066_Memorandum of Lease Supplements 2-6 -- Fort Bragg (North Carolina)_1/27/2020This instrument prepared bv, and when recorded, mail to: Edward J. Hunter, Esq. Lowenstein Sandler LLP One Lowenstein Drive Roseland, New Jersey 07068 MEMORANDUM OF SUPPLEMENTAL AGREEMENTS NOS. 2 3 4 5 AND 6 TO THIRD AMENDED AND RESTATED LEASE AND CONVEYANCE OF IMPROVEMENTS (Fort Bragg, Cumberland County, North Carolina) THIS MEMORANDUM OF SUPPLEMENTAL AGREEMENTS NOS. 2, 3, 4, 5 AND 6 TO THIRD AMENDED AND RESTATED LEASE AND CONVEYANCE OF IMPROVEMENTS (this "Memorandum of Supplements 2 - 6") effective as of June 5, 2019 (the "Effective Date"), by and between THE SECRETARY OF THE ARMY, on behalf of THE UNITED STATES OF AMERICA, c/o U.S. Army Corps of Engineers, Norfolk District, 803 Front Street, Norfolk, Virginia 23510-1096 (the "Lessor"), acting by and through the Deputy Assistant Secretary of the Army (Installations, Housing & Partnerships), under the authority of Title 10, United States Code, Section 2878, and REST EASY LLC, a Delaware limited liability company, having an address of c/o Lendlease (US) Public Partnerships Holdings LLC, 1201 Demonbreun Street, Suite 800, Nashville, Tennessee 37203 (the "Lessee"). On September 30, 2015, the Lessor and the Lessee entered into that certain unrecorded Department of the Army Third Amended and Restated Lease and Conveyance of Improvements for Privatization of Army Lodging (PAL) (Groups A, B and 23400/14 05/30/2019 201001119.9 C) DACA65-1-09-47 (as amended, the "Lease"), whereby the Lessor (i) granted and conveyed to the Lessee a leasehold estate in and to the parcels of land located on the Installations which are identified in Exhibits A and B attached to the Lease (collectively, the "Site"), certain parcels of which are located in Cumberland County, North Carolina and more particularly described in Exhibits A and B attached hereto, and (ii) granted, conveyed and quitclaimed unto the Lessee all of the buildings and improvements located on the Site, excluding certain excluded improvements which are more particularly described in the Lease. On September 30, 2015, the Lessor and the Lessee entered into that Memorandum of Third Amended and Restated Lease and Conveyance of Improvements (as amended, the "Memorandum") commemorating, in the applicable public records of Cumberland County, North Carolina, the execution and delivery of the Lease, which Memorandum was recorded in the public records of Cumberland County, North Carolina on October 2, 2015 in Book 9733, Page 232 as Instrument No. 29810. On September 30, 2016, the Lessor and the Lessee entered into that certain unrecorded Supplemental Agreement No. 1 to the Lease ("Supplement No. 1") to amend the Lease to, among other things, remove from the Site covered by the Lease the improved parcels of land located at BT Collins Army Reserve Center, California and identified in Exhibit N-11 attached thereto and incorporated therein, and to remove the Existing Improvements thereon from the Improvements covered by the Lease. On September 30, 2016, the Lessor and the Lessee entered into that certain Memorandum of Supplement No. 1 ("Memorandum of Supplement No. 1"), amending the Memorandum to commemorate, in the applicable public records of Cumberland County, North Carolina, the execution and delivery of Supplement No. .1, which Memorandum of Supplement No. 1 was recorded in the public records of Cumberland County, North Carolina on December 7, 2016, as Book 9995, Page 830 as Instrument No. 37573. Pursuant to Condition 42 of the Lease, the Lessee and the Lessor have also entered into those certain (i) unrecorded Supplemental Agreement No. 2 to the Lease, dated as of August 31, 2017 ("Supplement„ No. 2"), to amend the Lease to, among other things, remove from the Site covered by the Lease, the unimproved parcel of land located at Fort Polk in Vernon Parish, Louisiana known as Parcel B and identified in Exhibit N-12 attached thereto and incorporated therein ("Released Fort Polk Parcel B"); (ii) unrecorded Supplemental Agreement No. 3 to the Lease, dated as of November 27, 2017 ("Supplement No. 3"), to amend the Lease to, among other things, remove from the Site covered by the Lease, a portion of the improved parcel of land located at Fort Belvoir in Fairfax County, Virginia known as Parcel E and identified in Exhibit N-13 attached thereto and incorporated therein ('Released Fort Belvoir Parcel E"), and to remove the Existing Improvements thereon from the Improvements covered by the Lease; (iii) unrecorded Supplemental Agreement No. 4 to the Lease, dated as of September 30, 2018 ("Supplement No. 4"), to amend the Lease to, among other things, remove from the Site covered by the Lease, the unimproved parcel of land located at Fort Campbell in Montgomery County, Tennessee known as Parcel C and identified in Iva Exhibit N-14 attached thereto and incorporated therein ("Released Fort Campbell Parcel (iv) unrecorded Supplemental Agreement No. 5 to the Lease, dated as of January 26, 2019 ("Supplement No. 5") to amend the Lease to, among other things, remove from the Site coverer! by Lease, the improved parcel of land located at Fort Drum in Jefferson County, New York known as Parcel A and identified in Exhibit N-15 attached thereto and incorporated therein ("Released Fort Drum Parcel A"), and to remove the Existing Improvements thereon from the Improvements covered by the Lease; and (v) unrecorded Supplemental Agreement No. 6 to the Lease, dated as of the Effective Date, to amend the Lease to, among other things, modify the term of the Lease with respect to certain portions of the Site more particularly described on Exhibit B to the Lease and modify certain other terms and provisions of the Lease as more particularly described therein ("Supplement No. 6", and together with Supplement No. 2, Supplement No. 3, Supplement No. 4 and Supplement No. 5, collectively, "Supplements 2 6"). In accordance with Supplements 2 - 6, the Lessee and the Lessor have agreed to commemorate, in the applicable public records of Cumberland County, North Carolina, the modification of the Lease by the execution and delivery of Supplements 2 - 6 pursuant to the terms of this Memorandum of Supplements 2 - 6. This Memorandum of Supplements 2 — 6 does not constitute a complete description of the terms of Supplements 2 - 6, and shall not be used in interpreting the provisions of Supplements 2 — 6 or creating additional rights. In the event of conflict between the provisions of this Memorandum of Supplements 2 — 6 and the provisions of any of Supplement No. 2, Supplement No. 3, Supplement No. 4, Supplement No. 5 or Supplement No. 6, the provisions of Supplement No. 2, Supplement No. 3, Supplement No. 4, Supplement No. 5 and Supplement No. 6 shall control. All capitalized terms used in this Memorandum of Supplements 2 -- 4 but not defined herein shall have the meanings ascribed to such terms in the Lease, 1. MODIFICATION OF THE LEASE. Pursuant to (1) Supplement No. 2, the Lease has been modified to, among other things, remove Released Fort Polk Parcel B from the Lease; (ii) Supplement No. 3, the Lease has been modified to, among other things, remove Released Fort Belvoir Parcel E and the Existing Improvements thereon from the Lease; (iii) Supplement No. 4, the Lease has been modified to, among other things, remove the Released Fort Campbell Parcel C; (iv) Supplement No. 5, the Lease has been modified to, among other things, remove the Released Fort Drum Parcel A and the Existing Improvements thereon from the Lease; and (v) Supplement No. 6, the Lease has been amended to, among other things, modify the term of the Lease with respect to certain portions of the Site more particularly described on Exhibit B to the Lease and modify certain other terms and provisions of the Lease as more particularly described therein. Supplements 2 -- 6 do not expand or contract the portions of the Site located at Fort Bragg, Cumberland County, North Carolina. 2. ADDRESSES. As amended by Supplement No. 6, the address of the Lessee set forth in the Lease for notices is as follows: -3- Lessee: Rest Easy LLC c/o Lendlease (US) Public Partnerships Holdings LLC 1201 Demonbreun Street Suite 800 Nashville, Tennessee 37203 Attn: General Manager - PAL 3. ACCESS. Pursuant to the Lease, as amended by Supplement No. 6, subject to the terms and conditions set forth in the Lease, the Lessor will provide access to the Site to the Lessee and its agents, contractors, visitors, invitees, sublessees, guests and other designees. Such right of access shall be an inherent right of access and entry to and upon all portions of the Project and shall, include: (a) vehicular and pedestrian access among the various parcels comprising the Site and other premises demised or licensed to the Lessee by support leases or licenses at each Installation, (b) access to and from (including ingress to and egress from) each of the various parcels comprising the Site and other premises demised or licensed to the Lessee by support leases or licenses at each Installation connecting ultimately to an open and dedicated public way over existing roads or roads constructed by or at the direction of public agencies or authorities (including the Lessor), and (c) sufficient rights of temporary access upon, over or under the Lessor's property adjacent to or in proximity to the Site to conduct.grading and site work activities and to enable the Lessee to construct, install, maintain, operate, repair, replace, relocate, remove and demolish site improvements and Project -related infrastructure in accordance with the terms of the Lease. 4. OTHER PROVISIONS. Supplements 2 - 6 contain numerous terms, covenants, conditions and provisions and notice is hereby given that reference should be had to Supplements 2 — 6 directly with respect to the details of all such terms, covenants, conditions and provisions. This Memorandum of Supplements 2 — 6 does not alter, amend, modify or change Supplements 2 - 6 in any respect and is executed by the parties hereto solely for the purpose of recordation in the real property records of the counties, districts, boroughs and parishes in which the Site is located to give notice of, and to confirm, Supplements 2 - 6 and all of their terms to the same extent as if all such terms were fully set forth herein. (Signatures begin on the following page) 10 IN WITNESS WHEREOF, the undersigned has executed this Memorandum of Supplements 2 - 6 effective as of the Effective Date. LESSOR: THE UNITED STATES OF AMERICA, by THE SECRETARY OF THE ARMY By: Name: aul D. Cramer Title: Deputy Assistant Secretary of the Army (installations, Housing & Partnerships) COMMONWEALTH OF VIRGINIA ) ) ss. COUNTY OF ARLINGTON ) I, the undersigned, a Notary Public in and for the Commonwealth of Virginia, do hereby certify that on this day personally appeared before me in the Commonwealth of Virginia, County of Arlington, Paul D. Cramer, Deputy Assistant Secretary of the Army (Installations, Housing & Partnerships), whose name is signed to the foregoing instrument, and who, being informed of the contents of such instrument, acknowledged the foregoing instrument to be his free act and deed, on this 7-9 day of MPM , 2019, and acknowledged the same for and on behalf of the UNITED STATES OF AMERICA. KIN �IN-IffawAx ` r► • - My Commission Number: -.\`°, -1 My Commission Expires: [AFFIX NOTARY SEAL] [Signatures continue on the following page] 00 Lo�scIAS Ccmm nWe b of Vksgin'sa Reg+stsatinn x s �yoY 30- 202, MY �ammissian Ex4 [Signature page to Memorandum of Supplements 2 -- 6 -- Fort Bragg] IN WITNESS WHEREOF, the undersigned has executed this Memorandum of Supplements 2 — 6 effective as of the Effective Date. LESSEE: REST EASY LLC, a Delaware limited liability company By: RE Managing Member LLC, a Delaware limited liability company, its managing member By: Lendlease (US) Public Partnerships Holdings LLC, a Delaware limited liability company its sole member By: Name: Pete Sims Title: Senior Vice President STATE OF TENNESSEE ) ) ss. COUNTY OF DAVIDSON ) On this, the ljt-� day of , 2019, before me, the undersigned, a notary public in and for said State, perso Ily appeared Pete Sims, a Senior Vice President of Lendlease (US) Public Partnerships Holdings LLC, the sole member of RE Managing Member LLC, the managing member of Rest Easy LLC, known to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument, and acknowledged himself to be a Senior Vice President of Lendlease (US) Public Partnerships Holdings LLC, the sole member of RE Managing Member LLC, the managing member of Rest Easy LLC and further acknowledged that, being informed of the contents of such instrument, he, in such capacity, being authorized to do so, executed the foregoing instrument in such capacity by virtue of his authority. My Commission Number: My Commission Expires: [AFFIX NOTARY SEAL] 5 FATE OF s _ TENNESSEE - WiXRY PUBLIC �SSIpN EXP1C��5 [Signature page to Memorandum of Supplements 2 — 6 — Fort Bragg] EXHIBIT A SITE LEGAL DESCRIPTION OF LONG TERM HOLD PARCELS FORT BRAGG PARCEL D (NEW BUILD SITE) LEGAL DESCRIPTION Parcel all lying and being in that land, which is owned by United States Army, Fort Bragg, North Carolina, situated in Cumberland County, containing a total of 16.01 acres, being more particularly described to wit: Commencing at a set 518"iron rod with aluminum cap stamped E-01 and having the following coordinates: X=2001418.31 Y=502080.28, thence from said iron rod go N60"02'29"E a distance of 1,961.67 feet to a set 5/8"iron rod with aluminum stamped D- 01 and having the following coordinates: X= 2003117.87 Y= 503059.89, said iron rod also being the POINT OF BEGINNING of the parcel herein described. From said "Point of Beginning" proceed S00000'08"E a distance of 500.68 feet to a set 5I8"iron rod with aluminum cap stamped D-02, thence S74"22'13"W a distance of 143.38 feet to a set 518"iron rod with aluminum cap stamped D-03, thence 374"47'29"W a distance of 338.65 feet to a set 518"iron rod with aluminum cap stamped D-04, thence S12"23'34"E a distance of 88.72 feet to a set 5/8"Iron rod with aluminum cap stamped D-05 approximately 32 feet North of the centerline of Bastogne St., thence S76048'29"W a distance of 664.12 feet to a set 5/8"iron rod with aluminum cap stamped D-06 approximately 26 feet North of the centerline of Bastogne St., thence S68"13'00"W a distance of 414.44 feet to a set 518"iron rod with aluminum cap stamped D-07 approximately 22 feet North of the centerline of Bastogne St., thence N18°42'50"E a distance of 468.33 feet to a set 518"iron rod with aluminum cap stamped D-08 approximately 111 feet East of the centerline of Reilly St., thence N57°22'11 "E a distance of 117.41 feet to a set 518"iron rod with aluminum cap stamped D-09, thence N64"00'07"E a distance of 518.89 feet to a set 518"iron rod with aluminum cap stamped D-10, thence N56"06'48"E a distance of 454.79 feet to a set 518"iron rod with aluminum cap stamped D-11, thence N85012'01 "E a distance of 385.54 feet to the POINT OF BEGINNING. The above described parcel contains 16.01 acres (697,529 sq. ft.) All bearings are referenced to grid north as determined by the State Plane coordinate system for the North Carolina Zone. MEMORANDUM OF SUPPLEMENTS 2 - 6 - NC, BRAGG FORT BRAGG PARCEL E (MOON HALL AND HARDY HALL AND NEW BUILD SITE) LEGAL DESCRIPTION Parcel all lying and being in that land, which is owned by United States Army, Fort Bragg, North Carolina, situated in Cumberland County, containing a total of 19.89 acres, being more particularly described to wit: Commencing at a found 1/2"iron rod on existing RCI Boundary and having the following coordinates: X=1999659.75 Y=502634.58, thence from said rebar go S72°30'18"E a distance of 1,843.85 feet to a set 5/8"iron rod with aluminum cap stamped E-01 at the edge of pavement on the South side of Bastogne Dr. and having the following coordinates: X= 2001418.31 Y= 502080.28, said iron rod also being the POINT OF BEGINNING of the parcel herein described. From said "Point of Beginning" proceed S63"24'33"E a distance of 29.80 feet to a set 5/8"iron rod with aluminum cap stamped E-01A at the edge of pavement on the South side of Bastogne Dr. and at beginning of a non -tangent curve, thence along a curve 55.58 feet to the right, having a radius of 38.88 feet, the chord of which is S17°56'27"E a distance of 50.97 feet to an inscribed W" in curb at the back of sidewalk on the West side of Reilly St., thence S30°30'23"W a distance of 24.92 feet to a set 5/8"iron rod with aluminum cap stamped E-02 at the back of sidewalk on the West side of Reilly St., thence along said back of sidewalk S20025'16"W a distance of 368.08 feet to a set 5/8" iron rod with aluminum cap stamped E-02A at the beginning of a non - tangent curve, thence along a curve 155.58 feet to the left, having a radius of 795.45 feet, the chord of which is S16`01'02"W a distance of 155.33 feet to a set 5/8" iron rod with aluminum cap stamped E-03 at the back of sidewalk on the West side of Reilly St., thence leaving said sidewalk S80°46'45"W a distance of 295.80 feet to a set 5/8"iron rod with aluminum cap stamped E-04 at the edge of pavement at the Southwest corner of an asphalt parking lot, thence N12044'21"W a distance of 42.85 feet to a set 5/8"iron rod with aluminum cap stamped E-05 at the edge of pavement on the West side of an asphalt parking lot and at the beginning of a non -tangent curve, thence along a curve 14.29 feet to the left, having a radius of 7.68 feet, the chord of which is N49040'34"W a distance of 12.32 feet to an inscribed "V" in curb at the edge of pavement on the South side of an asphalt road connecting two parking lots, thence along said edge of road the following courses and distances: S84028'35"W a distance of 18.91 feet to an inscribed "V" in curb at the beginning of a non -tangent curve, thence along a curve 58.59 feet to the right, having a radius of 44.77 feet, the chord of which is N47019'39"W a distance of 54.50 feet to a set 5/8"iron rod with aluminum cap in concrete stamped E-06, thence N12004'20"W a distance of 51.73 feet to a set 5/8"Iron rod with aluminum cap in concrete stamped E-07 at the beginning of a non -tangent curve, thence along a curve 30.19 feet to the left, having a radius of 33.18 feet, the chord of which is N46055'55"W a distance of 29.16 feet to an inscribed "V" in curb, thence N69°15'07"W a distance of MEMORANDUM OF SUPPLEMENTS 2 - 6 - NC, BRAGG 50.30 feet to an inscribed W" in curb at the beginning of a non -tangent curve, thence along a curve 69.20 feet to the left, having a radius of 145.71 feet, the chord of which is N86°1912"W a distance of 68.55 feet to a set 5/8"iron rod with aluminum cap stamped E-08, thence S77°59'20"W a distance of 48.39 feet to a set 5/8"iron rod with aluminum cap stamped E-09 at the edge of pavement on the South side of entrance to asphalt parking lot , thence N11 056'49"W a distance of 27.34 feet to a set 5/8"iron rod with aluminum cap stamped E-10 at the edge of pavement on the North side of entrance to asphalt parking lot and at the beginning of a non -tangent curve, thence along a curve 27.25 feet to the right, having a radius of 16.66 feet, the chord of which is N58°20'57"W a distance of 24.32 feet to a set 5/8"iron rod with aluminum cap stamped E-11 at the edge of pavement on the East side of an asphalt parking lot, thence S78038'52"W a distance of 298.27 feet to a set 5/8"iron rod with aluminum cap stamped E-12 at the edge of pavement on the West side of an asphalt parking lot, thence S86°08'18"W a distance of 162.59 feet to a set 5/8"iron rod with aluminum cap stamped E-13 approximately 36 feet East of the centerline of Zabitosky Rd., thence N0710'53"W a distance of 774.18 feet to a set 5/8"iron rod with aluminum cap in concrete stamped E- 14 at the back of curb on the East side of Zabitosky Rd. and at the beginning of a non - tangent curve, thence along a curve 31.80 feet to the right, having a radius of 18.63 feet, the chord of which is N39°19'10"E a distance of 28.08 feet to a set 5/8"iron rod with aluminum cap in concrete stamped E-15 at the edge of pavement on the South side of Bastogne Dr., thence along said edge of pavement the following courses and distances: N82022'03"E a distance of 110.38 feet to an inscribed "V" in curb at the beginning of a non -tangent curve, thence along a curve 424.27 feet to the right, having a radius of 942.62 feet, the chord of which is S84°25'15"E a distance of 420.69 feet to an inscribed "V" in curb, thence S69031'29"E a distance of 180.13 feet to a set 5/8"iron rod with aluminum cap stamped E-16, thence S69030'37"E a distance of 82.99 feet to a set 5/8"iron rod with aluminum cap stamped E-17, thence S69028'59"E a distance of 524.91 feet to the POINT OF BEGINNING. The above described parcel contains 19.89 acres (866,403 sq. ft.) All bearings are referenced to grid north as determined by the State Plane coordinate system for the North Carolina Zone. MEMORANDUM OF SUPPLEMENTS 2 - 6 - NC, BRAGG EXHIBIT B SITE DESCRIPTION OF PARCELS TO BE RETURNED TO LESSOR FORT BRAGG PARCEL A (NORMANDY GUEST HOUSE) LEGAL DESCRIPTION Parcel all lying and being in that land, which is owned by United States Army, Fort Bragg, North Carolina, situated in Cumberland County, containing a total of 0.80 acres, being more particularly described to wit: Commencing at a found aluminum disk stamped The Rose Group Fayetteville, NC RCI PC] E Corner 23 and having the following coordinates: X=2002724.34 Y=507914.00, said disk also being the POINT OF BEGINNING of the parcel herein described. From said "Point of Beginning" proceed N71 °25'28"E a distance of 214.00 feet to a set 518"iron rod with aluminum cap stamped A-08 at the beginning of a non -tangent curve, thence along a curve 18.15 feet to the right, having a radius of 9.22 feet, the chord of which is S52°40'29"E a distance of 15.35 feet to a set 518"iron rod with aluminum cap stamped A-01 on the west edge of Armistead Street, thence along said edge of street S15'38'1WE a distance of 120.40 feet to a set 518"iron rod with aluminum cap stamped A-02 at the beginning of a non -tangent curve, thence along a curve 21.27 feet to the right, having a radius of 11.11 feet, the chord of which is S35016'25"W for a distance of 18.17 feet to a set 518"iron rod with aluminum cap in concrete stamped A-03 on the north edge of Totten Street, thence along said edge of street S72"49'12"W a distance of 217.01 feet to a set 518" iron rod with aluminum cap stamped A-04 at the beginning of a non -tangent curve, thence along a curve 18.68 feet to the right, having a radius of 11.52 feet, the chord of which is N53018'06"W for a distance of 16.70 feet to a set 518" iron rod with aluminum cap stamped A-05, thence N21 °22'51 "W a distance of 101.46 feet to a set 518"Iron rod with aluminum cap stamped A-06 at the beginning of a non -tangent curve, thence along a curve 33.02 feet to the right, having a radius of 24.66 feet, the chord of which is N23"23'25"E for a distance of 30.61 feet to a set 518"iron rod with aluminum cap in concrete stamped A-07, thence N67056'40"E a distance of 9.21 feet to the POINT OF BEGINNING. The above described parcel contains 0.80 acres (34,647 sq. ft.) All bearings are referenced to grid north as determined by the State Plane coordinate system for the North Carolina Zone. MEMORANDUM OF SUPPLEMENTS 2 - 6 - NC, BRAGG FORT BRAGG PARCEL C (FORRESTAL HALL) LEGAL DESCRIPTION Parcel all lying and being in that land, which is owned by United States Army, Fort Bragg, North Carolina, situated in Cumberland County, containing a total of 1.16 acres, being more particularly described to wit: Commencing at a found aluminum disk stamped The Rose Group Fayetteville, NC RCI PCI E Corner 23 and having the following coordinates: X=2002724.34 Y=507914.00, thence from said disk go N11 °01'54"E a distance of 1,874.62 feet to a set 5/8"iron rod with aluminum cap stamped C-01 approximately 25 feet South of the centerline of Scott St. and having the following coordinates: X= 2003083.05 Y= 509753.98, said iron rod also being the POINT OF BEGINNING of the parcel herein described. From said "Point of Beginning" proceed N75029'09"E a distance of 132.87 feet to a set 5/8"iron rod with aluminum cap stamped C-02 at the back of sidewalk on the West side of Hamilton St., thence S14014'40"E a distance of 367.07 feet to a set 5/8"iron rod with aluminum cap stamped C-03 at the back of sidewalk on the West side of Hamilton St., thence S75"54'42"W a distance of 141.65 feet to a set 5/8"iron rod with aluminum cap stamped C-04, thence N12052'13"W a distance of 366.16 feet to the POINT OF BEGINNING. The above described parcel contains 1.16 acres (50,313 sq. ft.) All bearings are referenced to grid north as determined by the State Plane coordinate system for the North Carolina Zone. MEMORANDUM OF SUPPLEMENTS 2 - 6 ---NC, BRAGG FORT BRAGG PARCEL F (DELMONT GUEST HOUSE) LEGAL DESCRIPTION Parcel all lying and being in that land, which is owned by United States Army, Fort Bragg, North Carolina, situated in Cumberland County, containing a total of 5.88 acres, being more particularly described to wit: Commencing at a found 112"iron rod on existing RCI Boundary and having the following coordinates: X=1999659.75 Y=502634.58, thence from said rebar go S22°51'59"E a distance of 325.08 feet to a set 5/8"iron rod with aluminum cap stamped F-01 at the edge of pavement on the South side of Bastogne Drive and at the beginning of a non -tangent curve, having the following coordinates: X= 1999786.07 Y= 502335.05, said iron rod also being the POINT OF BEGINNING of the parcel herein described. From said "Point of Beginning" along a curve 42.24 feet to the right, having a radius of 29.16 feet, the chord of which is S5801321 "E a distance of 38.64 feet to a set 518"iron rod with aluminum cap stamped F-02, thence S07"43'46"E a distance of 258.23 feet to a set 518"iron rod with aluminum cap stamped F-03, thence S43"27'38"W a distance of 116.87 feet to a set 5/8"Iron rod with aluminum cap stamped F-04, thence S83012'52"W a distance of 231.39 feet to a set 5I8"iron rod with aluminum cap stamped F-05, thence S80059'22"W a distance of 404.17 feet to a set 518"iron rod with aluminum cap stamped F-06 at the edge of pavement on the East side of Merill Street, thence along said edge of pavement N07043'53"W a distance of 338.30 feet to a set 5/8"iron rod with aluminum cap stamped F-07 at the beginning of a non -tangent curve, thence along a curve 38.72 feet to the right, having a radius of 28.01 feet, the chord of which is N35002'03"E a distance of 35.71 feet to a set 5/8"iron rod with aluminum cap stamped F-08 at the edge of pavement on the South side of Bastogne Drive, thence N82032'45"E a distance of 672.45 feet to the POINT OF BEGINNING. The above described parcel contains 5.88 acres (256,016 sq. ft.) All bearings are referenced to grid north as determined by the State Plane coordinate system for the North Carolina Zone. MEMORANDUM OF SUPPLEMENTS 2 - 6 - NC, BRAGG FORT BRAGG PARCEL H (CAROLINA INN BUNGALOWS) LEGAL DESCRIPTION Parcel all lying and being in that land, which is owned by United States Army, Fort Bragg, North Carolina, situated in Cumberland County, containing a total of 7.08 acres, being more particularly described to wit: Commencing at a set 5/8" iron rebar with aluminum cap in concrete stamped G- 01 and having the following coordinates: X=1999751.10 Y=517936.92, thence from said iron rod S47004'17"W a distance of 1,730.47 feet to a set 5/8"iron rod with aluminum cap stamped H-01 at the back of curb on the South side of Ethridge Street and at the beginning of a non -tangent curve having the following coordinates: X=1998484.05 Y=516758.32, said iron rod also being the POINT OF BEGINNING of the parcel herein described. From said "Point of Beginning" proceed along a curve 30.44 feet to the right, having a radius of 18.33 feet, the chord of which is S59027'53"E a distance of 27.06 feet to a set 5/8"iron rod with aluminum cap stamped H-02 at the back of curb on the west side of Reilly Street, thence along said back of curb S14°14'47"E a distance of 504.21 feet to a set 5/8"iron rod with aluminum cap stamped H-03, thence S68"15'44"W a distance of 175.26 feet to a set 5/8" iron rod with aluminum cap stamped H-04, thence S44003'26"W a distance of 71.76 feet to a set 5/8"iron rod with aluminum cap stamped H-05, thence S23"43'52"W a distance of 52.28 feet to a set 5/8"iron rod with aluminum cap stamped H-06, thence S50°37'57"W a distance of 136.17 feet to a set 5/8"iron rod with aluminum cap stamped H-07 at the back of curb on the east side of Interceptor Road, thence along said back of curb the following courses and distances: N40001'37"W a distance of 84.51 feet to a set 5/8"iron rod with aluminum cap in concrete stamped H-08, thence N39°02'08"W a distance of 44.78 feet to a set 5/8"iron rod with aluminum cap stamped H-09, thence N39025'52"W a distance of 183.91 feet to a set 5/8"iron rod with aluminum cap stamped H-10, thence N38003'59"W a distance of 25.19 feet to a set 5/8"iron rod with aluminum cap stamped H-11, thence N37033'15"W a distance of 229.12 feet to a set 5/8"iron rod with aluminum cap stamped H-12 at the beginning of a non -tangent curve, thence along a curve 16.95 feet to the right, having a radius of 24.44 feet, the chord of which is N27°15'33"E a distance of 16.62 feet to a set 5/8"iron rod with aluminum cap stamped H-12A at the back of curb on the South side of Etheridge Street, thence along said back of curb the following courses and distances: N41037'57"E a distance of 201.99 feet to a set 5/8"iron rod with aluminum cap stamped H-12B at the beginning of a non -tangent curve, thence along a curve 50.06 feet to the right, having a radius of 222.49 feet, the chord of which is N47023'07"E a distance of 49.95 feet to a set 5/8"iron rod with aluminum cap stamped H-12C at the beginning of a non -tangent curve, thence along a curve 90.35 feet to the right, having a radius of MEMORANDUM of SUPPLEMENTS 2 - 6 - NC, BRAGG 221.57 feet, the chord of which is N65"43'02"E a distance of 89.73 feet to a set 518"iron rod with aluminum cap stamped H-12D, thence N75032'33"E a distance of 295.16 feet to the POINT OF BEGINNING. The above described parcel contains 7.08 acres (308,590 sq. ft.) All bearings are referenced to grid north as determined by the State Plane coordinate system for the North Carolina Zone. MEMORANDUM OF SUPPLEMENTS 2 - 6 -NC, BRAGG