Loading...
HomeMy WebLinkAboutSW6240701_Lease Agreement_20240716 McDonald's USA, LLC 110 N Carpenter St Chicago IL 60607-2101 Direct Dial Number 630.209.1741 Email: mark.meister©us.mcd.com May 24, 2024 RE: Raeford NC 4544 Fayetteville Road L/C: 032-1742 CERTIFICATION OF EXISTENCE OF LEASE Ladies and Gentlemen: It is our understanding that you have requested this certification in connection with the issuance of permits and as condition precedent proof of the existence of a valid lease is required. McDonald's USA, LLC, a Delaware limited liability company, as Tenant under Ground Lease dated March 11, 2024, made with Trina A. Riddle & Joseph R Riddle III Descendants Trust u/a/d December 20, 2012, a North Carolina Trust as Landlord, as Landlord, covering the "Lease Space" described on Exhibit A attached hereto certifies the following: 1. The Lease is in full force and effect and has not been modified, supplemented or amended; 2. The initial term of the Lease commenced on March 11, 2024, and expires 20 years after the restaurant opens on the Leased Space, together with eight (8) successive option periods of five (5)years each; 3. With respect to the maintenance, utilities, and compliance with laws, Lease Articles 5D, 5E, and 5F, respectively, require in part as follows: "Repairs: Tenant will keep the Leased Space in a safe and good condition and repair, subject to ordinary wear and tear and to Landlord's obligations under this Lease, if any. ..." "Utilities: Tenant will pay when due all charges for all utility services used on the Leased Space." "Compliance with Law: Tenant will comply with all governmental laws, rules and regulations applicable to the use, development or operation of the Leased Space." The first page and signature page are also attached in Exhibit A. Please call or email me if you have any questions. Very truly yours, McDONALD'S USA, LLC Mark Meister, Senior Counsel U.S. Legal Department DocuSign Envelope ID: E968B751-9690-4D8A-A2AD-3E06F020F983 Exhibit A to RAEFORD, NC Certification of Existence of Lease 4544 Fayetteville Road L/C: 032-1742 GROUND LEASE 3/11/2024 This Ground Lease ("Lease") dated , 2024, is between Trina T. Riddle & Joseph P. Riddle Ill Descendants Trust u/a/d December 20, 2012, a North Carolina Trust ("Landlord"), and McDONALD'S USA, LLC, a Delaware limited liability company ("Tenant"). For service of notices under this Lease, see Article 17. 1. Premises: Landlord, for and in consideration of the covenants contained in this Lease and made on the part of Tenant, demises and leases to Tenant, and Tenant leases from Landlord, the parcel of land located in the Town of Raeford, County of Hoke, State of North Carolina, having a frontage of approximately 240.9 feet on Fayetteville Road (US 401 South), and inclusive of at least 57,499 square feet (not including roads or public rights-of-way), more particularly described on Exhibit A ("Leased Space"), together with all of Landlord's easement rights and appurtenances thereto, all buildings and improvements now located on the Leased Space, and all necessary easements and appurtenances in Landlord's adjoining and adjacent land, highways, roads, streets, lanes, whether public or private, reasonably required for the installation, maintenance, operation and service of sewers, water, gas, drainage, electricity and other utilities and for driveways and approaches to and from abutting highways, for the use and benefit of the Leased Space, including the improvements to be erected on the Leased Space (the Leased Space, together with the easements and appurtenances described above and buildings and improvements existing on the date of this Lease are collectively referred to as the "Premises"). The easements, if any, are described on Exhibit A. If Tenant has the Premises or any portion thereof surveyed, then, at Tenant's option, the parties will execute a recordable amendment by which the survey description(s) are inserted in lieu of the description(s) contained on Exhibit A, but Tenant is not obligated to lease less than is described above. 2. Lease Term: A. Primary Term: Tenant will have and hold the Premises for a term commencing on the date of the final execution of this Lease ("Lease Commencement Date") and ending 20 years from the date upon which Tenant opens for business in the Leased Space ("Primary Term"). When the Primary Term is ascertainable and specifically fixed, or otherwise agreed to by Landlord and Tenant, Landlord and Tenant will enter into a supplement, suitable for recording, that will specify the actual dates of rent commencement and of the expiration of the Primary Term. If Landlord fails to execute and return the supplement within 15 days after delivery to Landlord, Tenant may execute and record the supplement on behalf of Landlord and Landlord appoints Tenant as its attorney-in-fact for such purpose. B. Option to Extend: Landlord agrees that the Primary Term will be automatically extended for 8 successive option periods of 5 years each (each, an "Option Period") upon the same terms and conditions as contained in this Lease. No notice or act whatsoever is required by Tenant to extend this Lease. However, Tenant may, in its sole discretion, elect to do the following by sending notice to Landlord at least 90 days prior to the expiration of the Primary Term or any Option Period, time being of the essence for any such notice: 1) terminate this Lease as of the end of the Primary Term or any Option Period, whichever is applicable; or 1 DocuSign Envelope ID: E968B751-9690-4D8A-A2AD-3E06F020F983 LANDLORD AND TENANT, by their execution below, indicate their consent to the terms of this Lease. LANDLORD: TENANT: Trina T. Riddle, Individually 50% Owner & McDO LD; J.JSA, LLC, Joseph P. Riddle Ill Descendants Trust kart_ k.t,is 3/11/2024 u/a/d December 20, 2012, a North Carolina By: Trust, 50% Owner Name: lalZBldl1T Its: Sr. Counsel ,-DocuSigned by: T T. RW./2 3/8/2024 -48BB493361 FF4AD... Trina T. Riddle Landlord Information: Telephone Number: 910-864-3135 Federal ID: 83-2908578 DocuSigned by: 7xi t-k-udd, sat , 3/11/2024 By: Name: V'F67-i5911-Wrderson Its: Trustee of the Joseph P. Riddle III Descendants Trust u/a/d December 20, 2012 Landlord's Information: Telephone Number 910-864-3135 Fax Number 910-864-8078 Federal Tax I.D. 46-6677572 (Attach Form W-9 for Execution) 22 DocuSign Envelope ID: E968B751-9690-4D8A-A2AD-3E06F020F983 EXHIBIT A Legal Description of the Leased Space and Easements 4544 FAYETTEVILLE ROAD RAEFORD, NORTH CAROLINA PROPERTY DESCRIPTION(FIELD) ALL THAT TRACT OF LAND LOCATED IN THE CITY OF RAEFORD HOKE COUNTY NORTH CAROLINA BOUNDED ON THE NORTH BY THE RIGHT-OF-WAY OF US HIGHWAY 401 (FAYETTEVILLE ROAD),THE EAST BY THE RIGHT-OF-WAY OF CLUB POND ROAD(SR 1408), THE SOUTH BY HOKE LANDING 3,LLC C/O O'REILLY AUTOMOTIVE LOT 3C,AND THE WEST BY HOKE LANDING 3, LLC C/O O'REILY AUTOMOTIVE LOT 3B , AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT AN EXISTING REBAR AT THE NORTHEAST CORNER HOKE LANDING 3,LLC C/O O'REILLY AUTOMOTIVE LOT 3B, AND ALONG THE RIGHT-OF-WAY OF US HIGHWAY 401 (FAYETTEVILLE ROAD)AND HAVING NORTH CAROLINA STATE PLANE COORDINATES OF N: 457,540.00 E: 1,947,910.21 NAD/83 (2011) THENCE ALONG SAID RIGHT OF WAY N 78°41'09" E 244.45 FEET TO AN EXISTING IRON ROD ALONG THE RIGHT-OF-WAY OF US HIGHWAY 401 (FAYETTEVILLE ROAD)AND ALONG THE RIGHT-OF-WAY OF CLUB POND ROAD(SR 1408); THENCE ALONG THE RIGHT-OF-WAY OF CLUB POND ROAD (SR 1408) THE FOLLOWING THREE COURSES: 1. S 56°32'21" E 65.01 FEET TO AN EXISTING IRON ROD 2. S 19°37'39" E 80.62 FEET TO A SET IRON PIPE 3. S 12°55'31" E 52.02 FEET TO A SET IRON PIPE ALONG THE RIGHT-OF-WAY OF CLUB POND ROAD (SR 1408) AND THE NORTHEASTERN CORNER OF HOKE LANDING 3, LLC C/O O'REILLY AUTOMOTIVE LOT 3C: THENCE ALONG SAID PROPERTY LINE S 71°24'46" W 306.36 FEET TO A EXISTING IRON ROD AT THE NORTHWESTERN CORNER OF HOKE LANDING 3, LLC C/O O'REILLY AUTOMOTIVE LOT 3C AND THE SOUTHEASTERN CORNER OF HOKE LANDING 3, LLC C/O O'REILLY AUTOMOTIVE LOT 3B: THENCE ALONG THE PROPERTY LINE OF HOKE LANDING 3, LLC C/O O'REILLY AUTOMOTIVE LOT 3B N 11°18'51" W 217.71 FEET TO AN EXISTING REBAR AND POINT OF BEGINNING CONTAINING 57,748 SQUARE FEET OR 1.33 ACRES, MORE OR LESS, BEING A PORTION OF THE PROPERTY OF TRINA RIDDLE&JOSEPH RIDDLE III LOT 3A AS DESCRIBED IN DEED BOOK 1282 PAGE 560 OF THE HOKE COUNTY REGISTER OF DEEDS. OR 1.33 ACRES,MORE OR LESS,AS DESCRIBED IN DEED BOOK 1282 PAGE 560 OF THE HOKE COUNTY REGISTER OF DEEDS. EXHIBIT A DocuSign Envelope ID: E968B751-9690-4D8A-A2AD-3E06F020F983 EXHIBIT A Legal Description of the Leased Space and Easements 4544 FAYETTEVILLE ROAD RAEFORD, NORTH CAROLINA PROPERTY DESCRIPTION(FIELD) ALL THAT TRACT OF LAND LOCATED IN THE CITY OF RAEFORD HOKE COUNTY NORTH CAROLINA BOUNDED ON THE NORTH BY THE RIGHT-OF-WAY OF US HIGHWAY 401 (FAYETTEVILLE ROAD),THE EAST BY THE RIGHT-OF-WAY OF CLUB POND ROAD(SR 1408), THE SOUTH BY HOKE LANDING 3,LLC C/O O'REILLY AUTOMOTIVE LOT 3C,AND THE WEST BY HOKE LANDING 3, LLC C/O O'REILY AUTOMOTIVE LOT 3B , AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT AN EXISTING REBAR AT THE NORTHEAST CORNER HOKE LANDING 3,LLC C/O O'REILLY AUTOMOTIVE LOT 3B, AND ALONG THE RIGHT-OF-WAY OF US HIGHWAY 401 (FAYETTEVILLE ROAD)AND HAVING NORTH CAROLINA STATE PLANE COORDINATES OF N: 457,540.00 E: 1,947,910.21 NAD/83 (2011) THENCE ALONG SAID RIGHT OF WAY N 78°41'09" E 244.45 FEET TO AN EXISTING IRON ROD ALONG THE RIGHT-OF-WAY OF US HIGHWAY 401 (FAYETTEVILLE ROAD)AND ALONG THE RIGHT-OF-WAY OF CLUB POND ROAD(SR 1408); THENCE ALONG THE RIGHT-OF-WAY OF CLUB POND ROAD (SR 1408) THE FOLLOWING THREE COURSES: 1. S 56°32'21" E 65.01 FEET TO AN EXISTING IRON ROD 2. S 19°37'39" E 80.62 FEET TO A SET IRON PIPE 3. S 12°55'31" E 52.02 FEET TO A SET IRON PIPE ALONG THE RIGHT-OF-WAY OF CLUB POND ROAD (SR 1408) AND THE NORTHEASTERN CORNER OF HOKE LANDING 3, LLC C/O O'REILLY AUTOMOTIVE LOT 3C: THENCE ALONG SAID PROPERTY LINE S 71°24'46" W 306.36 FEET TO A EXISTING IRON ROD AT THE NORTHWESTERN CORNER OF HOKE LANDING 3, LLC C/O O'REILLY AUTOMOTIVE LOT 3C AND THE SOUTHEASTERN CORNER OF HOKE LANDING 3, LLC C/O O'REILLY AUTOMOTIVE LOT 3B: THENCE ALONG THE PROPERTY LINE OF HOKE LANDING 3, LLC C/O O'REILLY AUTOMOTIVE LOT 3B N 11°18'51" W 217.71 FEET TO AN EXISTING REBAR AND POINT OF BEGINNING CONTAINING 57,748 SQUARE FEET OR 1.33 ACRES, MORE OR LESS, BEING A PORTION OF THE PROPERTY OF TRINA RIDDLE&JOSEPH RIDDLE III LOT 3A AS DESCRIBED IN DEED BOOK 1282 PAGE 560 OF THE HOKE COUNTY REGISTER OF DEEDS. OR 1.33 ACRES,MORE OR LESS,AS DESCRIBED IN DEED BOOK 1282 PAGE 560 OF THE HOKE COUNTY REGISTER OF DEEDS. EXHIBIT A