ANCALA COUNTRY CLUB, SCOTTSDALE, ARIZONA SECOND AMENDED AND RESTATED LEASE AGREEMENT DATED AS OF JANUARY 1, 2012 BY AND BETWEEN CLP SOUTHWEST GOLF, LLC, A DELAWARE LIMITED LIABILITY COMPANY, AND ASSIGNS, AS LANDLORD, AND EVERGREEN ALLIANCE GOLF...Lease Agreement • March 29th, 2013 • CNL Lifestyle Properties Inc • Real estate investment trusts • Florida
Contract Type FiledMarch 29th, 2013 Company Industry JurisdictionTHIS SECOND AMENDED AND RESTATED LEASE AGREEMENT is entered into, dated and effective as of January 1, 2012 (the “Effective Date”) by and between CLP SOUTHWEST GOLF, LLC, a Delaware limited liability company, and assigns, as landlord (“Landlord”), and EVERGREEN ALLIANCE GOLF LIMITED, L.P., a Delaware limited partnership, as tenant (“Tenant”).
AMENDED AND RESTATED PERSONAL PROPERTY LEASE AGREEMENT DATED AS OF AUGUST 10, 2009 BY AND BETWEEN CNL PERSONAL PROPERTY TRS ULC AS LESSOR AND CYPRESS BOWL RECREATIONS LIMITED PARTNERSHIP AS LESSEEPersonal Property Lease Agreement • March 29th, 2013 • CNL Lifestyle Properties Inc • Real estate investment trusts
Contract Type FiledMarch 29th, 2013 Company IndustryTHIS AMENDED AND RESTATED PERSONAL PROPERTY LEASE AGREEMENT (the “Lease”) is entered into as of this 10th day of August, 2009, by and between CNL PERSONAL PROPERTY TRS ULC, a Nova Scotia unlimited liability company, (the “Lessor”), and CYPRESS BOWL RECREATIONS LIMITED PARTNERSHIP, a British Columbia limited partnership (the “Lessee”).
AMENDED AND RESTATED SUB-PERMIT AND LEASE AGREEMENT DATED AS OF AUGUST 10, 2009 BY AND BETWEEN R&H US CANADIAN CYPRESS LIMITED in its capacity as trustee of the CYPRESS JERSEY TRUST AS LANDLORD, AND CYPRESS BOWL RECREATIONS LIMITED PARTNERSHIP AS TENANTSub-Permit and Lease Agreement • March 29th, 2013 • CNL Lifestyle Properties Inc • Real estate investment trusts
Contract Type FiledMarch 29th, 2013 Company IndustryTHIS AMENDED AND RESTATED SUB-PERMIT AND LEASE AGREEMENT (the “Lease”) is entered into as of this 10th day of August, 2009, by and between R&H US CANADIAN CYPRESS LIMITED a company incorporated pursuant to the laws of the Island of Jersey, solely in its capacity as trustee of CYPRESS JERSEY TRUST, a trust settled pursuant to the laws of the Island of Jersey, (the “Landlord”), and CYPRESS BOWL RECREATIONS LIMITED PARTNERSHIP, a British Columbia limited partnership (the “Tenant”).
FIRST AMENDMENT TO AMENDED AND RESTATED COLLATERAL LOAN AGREEMENTCollateral Loan Agreement • March 29th, 2013 • CNL Lifestyle Properties Inc • Real estate investment trusts
Contract Type FiledMarch 29th, 2013 Company IndustryTHIS FIRST AMENDMENT TO AMENDED AND RESTATED COLLATERAL LOAN AGREEMENT (the “Amendment”), is made as of this 5th day of April, 2011, by and among CNL INCOME EAGL SOUTHWEST GOLF, LLC, a Delaware limited liability company (“CNL Southwest”), CNL INCOME EAGL WEST GOLF, LLC, a Delaware limited liability company (“CNL West”), CNL INCOME EAGL NORTH GOLF, LLC, a Delaware limited liability company (“CNL North”), CNL INCOME EAGL MIDWEST GOLF, LLC, a Delaware limited liability company (“CNL Midwest”) CNL INCOME EAGL MIDEAST GOLF, LLC, a Delaware limited liability company (“CNL Mideast”; CNL Southwest, CNL West, CNL North, CNL Midwest, and CNL Mideast, each individually, a “Borrower”, and collectively, “Borrowers”), CNL GATLINBURG PARTNERSHIP, LP, a Delaware limited partnership (“Gatlinburg Obligor”), and THE PRUDENTIAL INSURANCE COMPANY OF AMERICA, a New Jersey corporation (“Lender”).
PURCHASE AND SALE AGREEMENT by and among CLP SL III HOLDING, LLC, a Delaware limited liability company, and HEALTH CARE REIT, INC., a Delaware corporation, December 18, 2012Purchase and Sale Agreement • March 29th, 2013 • CNL Lifestyle Properties Inc • Real estate investment trusts
Contract Type FiledMarch 29th, 2013 Company IndustryTHIS PURCHASE AND SALE AGREEMENT (this “Agreement”) is dated as of the 18th day of December, 2012, by and among CLP SL III Holding, LLC, a Delaware limited liability company (“Seller”), and Health Care REIT, Inc., a Delaware corporation (“Purchaser”). Certain capitalized terms used herein are defined in Section 1.01.
Schedule of Omitted Agreements and Documents CNL Lifestyle Properties, Inc.Lease Agreement • March 29th, 2013 • CNL Lifestyle Properties Inc • Real estate investment trusts
Contract Type FiledMarch 29th, 2013 Company IndustryAmended and Restated Personal Property Lease Agreement dated as of August 10, 2009, by and between CNL Income Brighton TRS Corp. and Brighton Resort, LLC.
PURCHASE AND SALE AGREEMENT by and among CLP SL II HOLDING, LLC, a Delaware limited liability company, and HEALTH CARE REIT, INC., a Delaware corporation, December 18, 2012Purchase and Sale Agreement • March 29th, 2013 • CNL Lifestyle Properties Inc • Real estate investment trusts
Contract Type FiledMarch 29th, 2013 Company IndustryTHIS PURCHASE AND SALE AGREEMENT (this “Agreement”) is dated as of the 18th day of December, 2012, by and among CLP SL II Holding, LLC, a Delaware limited liability company (“Seller”), and Health Care REIT, Inc., a Delaware corporation (“Purchaser”). Certain capitalized terms used herein are defined in Section 1.01.
SUPPLEMENTAL INDENTURESupplemental Indenture • March 29th, 2013 • CNL Lifestyle Properties Inc • Real estate investment trusts • New York
Contract Type FiledMarch 29th, 2013 Company Industry JurisdictionSUPPLEMENTAL INDENTURE (this “Supplemental Indenture”), dated as of September 21, 2011, among CNL INCOME PACIFIC PARK, LLC, a Delaware limited liability company, and CNL INCOME PACIFIC PARK TRS CORP., a Delaware corporation (together, the “Guaranteeing Subsidiaries”), subsidiaries of CNL LIFESTYLE PROPERTIES, INC., a Maryland corporation (or its permitted successor) (the “Company”), the Company, the other Guarantors (as defined in the Indenture referred to herein) and WILMINGTON TRUST, NATIONAL ASSOCIATION, successor by merger to WILMINGTON TRUST FSB, as trustee under the Indenture referred to below (the “Trustee”).
SECOND AMENDMENT TO AMENDED AND RESTATED COLLATERAL LOAN AGREEMENTCollateral Loan Agreement • March 29th, 2013 • CNL Lifestyle Properties Inc • Real estate investment trusts
Contract Type FiledMarch 29th, 2013 Company IndustryTHIS SECOND AMENDMENT TO AMENDED AND RESTATED COLLATERAL LOAN AGREEMENT (the “Amendment”), is made as of this 3rd day of June, 2011, by and among CNL INCOME EAGL SOUTHWEST GOLF, LLC, a Delaware limited liability company (“CNL Southwest”), CNL INCOME EAGL WEST GOLF, LLC, a Delaware limited liability company (“CNL West”), CNL INCOME EAGL NORTH GOLF, LLC, a Delaware limited liability company (“CNL North”), CNL INCOME EAGL MIDWEST GOLF, LLC, a Delaware limited liability company (“CNL Midwest”) CNL INCOME EAGL MIDEAST GOLF, LLC, a Delaware limited liability company (“CNL Mideast”; CNL Southwest, CNL West, CNL North, CNL Midwest, and CNL Mideast, each individually, a “Borrower”, and collectively, “Borrowers”), CNL GATLINBURG PARTNERSHIP, LP, a Delaware limited partnership (“Gatlinburg Obligor”), and THE PRUDENTIAL INSURANCE COMPANY OF AMERICA, a New Jersey corporation (“Lender”).
SECOND SUPPLEMENTAL INDENTURESecond Supplemental Indenture • March 29th, 2013 • CNL Lifestyle Properties Inc • Real estate investment trusts • New York
Contract Type FiledMarch 29th, 2013 Company Industry JurisdictionSECOND SUPPLEMENTAL INDENTURE (this “Supplemental Indenture”), dated as of May 1, 2012, among CLP ELITCH GARDENS, LLC, a Delaware limited liability company f/k/a CNL Income Elitch Gardens, LLC, and CLP ELITCH GARDENS TRS CORP., a Delaware corporation f/k/a CNL Income Elitch Gardens TRS Corp. (together, the “Guaranteeing Subsidiaries”), subsidiaries of CNL LIFESTYLE PROPERTIES, INC., a Maryland corporation (or its permitted successor) (the “Company”), the Company, the other Guarantors (as defined in the Indenture referred to herein) and WILMINGTON TRUST, NATIONAL ASSOCIATION, successor by merger to WILMINGTON TRUST FSB, as trustee under the Indenture referred to below (the “Trustee”).
AMENDED AND RESTATED COLLATERAL LOAN AGREEMENTCollateral Loan Agreement • March 29th, 2013 • CNL Lifestyle Properties Inc • Real estate investment trusts • Arizona
Contract Type FiledMarch 29th, 2013 Company Industry JurisdictionTHIS AMENDED AND RESTATED COLLATERAL LOAN AGREEMENT (the “Agreement”), dated as of August 17, 2010, is made and entered into by and among CNL INCOME EAGL SOUTHWEST GOLF, LLC, a Delaware limited liability company (“CNL Southwest”), CNL INCOME EAGL WEST GOLF, LLC, a Delaware limited liability company (“CNL West”), CNL INCOME EAGL NORTH GOLF, LLC, a Delaware limited liability company (“CNL North”), CNL INCOME EAGL MIDWEST GOLF, LLC, a Delaware limited liability company (“CNL Midwest”) CNL INCOME EAGL MIDEAST GOLF, LLC, a Delaware limited liability company (“CNL Mideast”), and CNL GATLINBURG PARTNERSHIP, LP, a Delaware limited partnership (“Gatlinburg Obligor”) and THE PRUDENTIAL INSURANCE COMPANY OF AMERICA, a New Jersey corporation (“Lender”).
PREPARED BY AND UPON RECORDATION RETURN TO: SEYFARTH SHAW LLP 1075 PEACHTREE STREET, N.E., SUITE 2500 ATLANTA, GEORGIA 30309 ATTENTION: Jay Wardlaw, Esq. Please Cross-Reference to: Deed of Trust and Security Agreement recorded on January 29, 2008 as...Trust and Security Agreement • March 29th, 2013 • CNL Lifestyle Properties Inc • Real estate investment trusts • Arizona
Contract Type FiledMarch 29th, 2013 Company Industry JurisdictionTHIS FIRST AMENDMENT TO DEED OF TRUST AND SECURITY AGREEMENT (this “Amendment”) is made as of the 3rd day of June, 2011, by CNL INCOME EAGL SOUTHWEST GOLF, LLC, a Delaware limited liability company, having its principal place of business at c/o CNL Lifestyle Properties, Inc., 450 South Orange Avenue, Orlando, Florida 32801, as grantor (“Borrower”), to FIRST AMERICAN TITLE INSURANCE COMPANY, as trustee (“Trustee”), for the benefit of THE PRUDENTIAL INSURANCE COMPANY OF AMERICA, a New Jersey corporation, having an office at c/o Prudential Asset Resources, 2100 Ross Avenue, Suite 2500, Dallas, Texas 75201, as grantee (“Lender”).
PURCHASE AND SALE AGREEMENT by and among CLP SENIOR HOLDING, LLC, a Delaware limited liability company, and HEALTH CARE REIT, INC., a Delaware corporation, December 18, 2012Purchase and Sale Agreement • March 29th, 2013 • CNL Lifestyle Properties Inc • Real estate investment trusts
Contract Type FiledMarch 29th, 2013 Company IndustryTHIS PURCHASE AND SALE AGREEMENT (this “Agreement”) is dated as of the 18th day of December, 2012, by and among CLP Senior Holding, LLC, a Delaware limited liability company (“Seller”), and Health Care REIT, Inc., a Delaware corporation (“Purchaser”). Certain capitalized terms used herein are defined in Section 1.01.
MASTER MANAGEMENT AGREEMENT BY AND BETWEEN EVERGREEN ALLIANCE GOLF LIMITED, L.P., a Delaware limited partnership and FORE GOLF MANAGEMENT, LLC, a Florida limited liability company April 24, 2012Master Management Agreement • March 29th, 2013 • CNL Lifestyle Properties Inc • Real estate investment trusts • Florida
Contract Type FiledMarch 29th, 2013 Company Industry JurisdictionTHIS MASTER MANAGEMENT AGREEMENT (this “Agreement”) is made and entered into as of April 24, 2012 (the “Effective Date”), by and between EVERGREEN ALLIANCE GOLF LIMITED, L.P., a Delaware limited partnership (“Tenant”) and FORE GOLF MANAGEMENT, LLC, a Florida limited liability company (“Manager”).