ARTICLE 1 THE HOTELManagement Agreement • March 13th, 2003 • Apple Hospitality Five Inc • Real estate investment trusts
R E C I T A L SEscrow Agreement • July 7th, 2003 • Apple Hospitality Five Inc • Real estate investment trusts
EXHIBIT 2.4 RESIDENCE INN - CYPRESS EXECUTION COPY LOS ALAMITOS, CALIFORNIA PURCHASE AND SALE AGREEMENTPurchase and Sale Agreement • July 7th, 2003 • Apple Hospitality Five Inc • Real estate investment trusts • California
EXHIBIT 2.1 AGREEMENT OF SALE by and between PROMUS HOTELS, INC., PROMUS HOTELS FLORIDA, INC.Agreement of Sale • March 13th, 2003 • Apple Hospitality Five Inc • Real estate investment trusts • Delaware
BACKGROUNDEscrow Agreement • December 3rd, 2002 • Apple Hospitality Five Inc • Real estate investment trusts • Virginia
FINAL RESIDENCE INN - LONG ISLAND/ ISLANDIA, HAUPPAUGE, NEW YORK MANAGEMENT AGREEMENT by and between RESIDENCE INN BY MARRIOTT, INC.Management Agreement • July 7th, 2003 • Apple Hospitality Five Inc • Real estate investment trusts
BETWEENAdvisory Agreement • December 3rd, 2002 • Apple Hospitality Five Inc • Real estate investment trusts • Virginia
HOTEL LEASE AGREEMENT EFFECTIVE AS OF DECEMBER 15, 2004 BETWEEN APPLE HOSPITALITY FIVE, INC., A VIRGINIA CORPORATION, AS LESSOR AND APPLE HOSPITALITY FIVE MANAGEMENT, INC., A VIRGINIA CORPORATION AS LESSEEHotel Lease Agreement • March 11th, 2005 • Apple Hospitality Five Inc • Real estate investment trusts
THIS HOTEL LEASE AGREEMENT (hereinafter called “Lease”), effective as of the 15th of December, 2004, by and between Apple Hospitality Five, Inc., a Virginia corporation (hereinafter called “Lessor”), and Apple Hospitality Five Management, Inc., a Virginia corporation (hereinafter called “Lessee”), provides as follows:
betweenEscrow Agreement • July 7th, 2003 • Apple Hospitality Five Inc • Real estate investment trusts
AGREEMENT OF PURCHASE AND SALE AND JOINT ESCROW INSTRUCTIONS (Residence Inn By Marriott, Nashville, Tennessee)Agreement of Purchase and Sale and Joint Escrow Instructions • July 7th, 2003 • Apple Hospitality Five Inc • Real estate investment trusts
ESCROW AGREEMENT (Apple Hospitality Five, Inc.)Escrow Agreement • January 17th, 2003 • Apple Hospitality Five Inc • Real estate investment trusts • Virginia
THIS ESCROW AGREEMENT, dated as of December 11, 2002 (“Escrow Agreement”), is by and among DAVID LERNER ASSOCIATES, INC., a New York corporation (“Agent”), APPLE HOSPITALITY FIVE, INC., a Virginia corporation (“Company”), and WACHOVIA BANK, NATIONAL ASSOCIATION, a national banking association, as Escrow Agent hereunder (“Escrow Agent”).
RECITALS:Owner Agreement • July 7th, 2003 • Apple Hospitality Five Inc • Real estate investment trusts • Maryland
ADVISORY AGREEMENT BETWEEN APPLE HOSPITALITY FIVE, INC. AND APPLE HOSPITALITY FIVE ADVISORS, INC.Advisory Agreement • January 17th, 2003 • Apple Hospitality Five Inc • Real estate investment trusts • Virginia
THIS ADVISORY AGREEMENT, dated as of January 2, 2003, is between APPLE HOSPITALITY FIVE, INC., a Virginia corporation (the “Company”), and APPLE HOSPITALITY FIVE ADVISORS, INC., a Virginia corporation (the “Advisor”).
45,670,995 Units (Common Shares and Series A Preferred Shares) APPLE HOSPITALITY FIVE, INC. Agency Agreement December 11, 2002Agency Agreement • January 17th, 2003 • Apple Hospitality Five Inc • Real estate investment trusts • Virginia
Apple Hospitality Five, Inc., a Virginia corporation (the “Company”), is a corporation that will elect to qualify as a real estate investment trust pursuant to Sections 856 through 860 of the Internal Revenue Code of 1986, as amended (the “Code”). Subject to the terms and conditions stated herein, the Company proposes to engage David Lerner Associates, Inc. as its managing dealer (the “Agent”) to solicit offers to buy and obtain purchasers for Units, as offered by the Prospectus which is part of the Form S-11 Registration Statement under the Securities Act of 1933 (File No. 333-100044) as filed with the Securities and Exchange Commission. Each Unit refers to one share of common stock, no par value, and one Series A preferred share of the Company registered pursuant to the Registration Statement referred to in the preceding sentence. This will confirm our agreement respecting your engagement as the exclusive agent to solicit offers to buy and obtain purchasers for the Units on a “best e
Schedule Setting Forth Information on Four Hotels Subject to Master Hotel Lease Agreement Dated as of February 26, 2003 Between Apple Hospitality Five, Inc., as Lessor, and Apple Hospitality Five Management, Inc., as LesseeApple Hospitality Five Inc • October 3rd, 2003 • Real estate investment trusts
Exhibit 10.28 RESIDENCE INN - NASHVILLE AIRPORT, NASHVILLE, TENNESSEE AMENDED & RESTATED MANAGEMENT AGREEMENT by and between RESIDENCE INN BY MARRIOTT, INC.Management Agreement • July 7th, 2003 • Apple Hospitality Five Inc • Real estate investment trusts
EXHIBIT 10.4 MASTER HOTEL LEASE AGREEMENT EFFECTIVE AS OF FEBRUARY 26, 2003Master Hotel Lease Agreement • March 13th, 2003 • Apple Hospitality Five Inc • Real estate investment trusts
Exhibit 1.1 45,670,995 Units (Common Shares and Series A Preferred Shares) APPLE HOSPITALITY FIVE, INC. Agency Agreement December __, 2002 David Lerner Associates, Inc. 477 Jericho Turnpike Syosset, New York 11791 Dear Sirs: Apple Hospitality Five,...Apple Hospitality Five Inc • December 3rd, 2002 • Real estate investment trusts • Virginia
PROPERTY ACQUISITION/DISPOSITION AGREEMENTAgreement • January 17th, 2003 • Apple Hospitality Five Inc • Real estate investment trusts • Virginia
THIS AGREEMENT is made and entered into as of the 2nd day of January, 2003, by and between Apple Hospitality Five, Inc., a Virginia corporation (hereinafter referred to as “Owner”), and Apple Suites Realty Group, Inc., a Virginia corporation (hereinafter referred to as “Agent”).
OWNER AGREEMENT (Houston, Texas)Owner Agreement • January 17th, 2003 • Apple Hospitality Five Inc • Real estate investment trusts • Maryland
THIS OWNER AGREEMENT (“Agreement”) made and entered into as of the 3rd day of January, 2003, by and among AHF HOUSTON WESTCHASE LIMITED PARTNERSHIP, a Virginia limited partnership, with a mailing address of 10 South Third Street, Richmond, Virginia 23219 (“Lessor”); AHF SERVICES LIMITED PARTNERSHIP, a Virginia limited partnership, with a mailing address of 10 South Third Street, Richmond, Virginia 23219 (“Lessee”); and RESIDENCE INN BY MARRIOTT, INC., a Delaware corporation, with a mailing address of 10400 Fernwood Road, Bethesda, MD 20817 (“Manager”).
HOUSTON, WESTCHASE RESIDENCE INN (TEXAS) MANAGEMENT AGREEMENT by and between RESIDENCE INN BY MARRIOTT, INC. as “MANAGER” and WESTEL PROPERTIES II, LTD., A TEXAS LIMITED PARTNERSHIP as “OWNER” Dated as of April 8, 1996 [As Amended]Management Agreement • January 17th, 2003 • Apple Hospitality Five Inc • Real estate investment trusts
This Management Agreement (“Agreement”) is executed as of the 8th day of April, 1996 (“Effective Date”) by WESTEL PROPERTIES II, LTD. (“Owner”), a Texas limited partnership with a mailing address at One Spurling Plaza, 12850 Spurling Rd., #114, Dallas, Texas 75230 and RESIDENCE INN BY MARRIOTT, INC. (“Manager”), a Delaware corporation, with a mailing address at 10400 Fernwood Road, Bethesda, Maryland 20817.
AGREEMENT AND PLAN OF MERGER Dated as of July 25, 2007 Among APPLE HOSPITALITY FIVE, INC. INLAND AMERICAN REAL ESTATE TRUST, INC. and INLAND AMERICAN ORCHARD HOTELS, INC.Agreement and Plan of Merger • July 26th, 2007 • Apple Hospitality Five Inc • Real estate investment trusts • Virginia
AGREEMENT AND PLAN OF MERGER (the “Agreement”), dated as of July 25, 2007, among Apple Hospitality Five, Inc., a Virginia corporation (the “Company”), Inland American Real Estate Trust, Inc., a Maryland corporation (“Buyer”) and Inland American Orchard Hotels, Inc., a Delaware corporation (“Acquisition Sub”) and a wholly-owned subsidiary of Inland American Lodging Corporation, a Delaware corporation which is a wholly-owned subsidiary of Inland American Lodging Group, Inc., a Delaware corporation which is a wholly-owned subsidiary of Buyer. Buyer, Acquisition Sub and the Company are each sometimes referred to herein as a “Party” and collectively as the “Parties.”
Exhibit 10.3 GUARANTEE OF FRANCHISE LICENSE AGREEMENT HOMEWOOD SUITES BY HILTON - COLORADO SPRINGS, CO THIS DOCUMENT AFFECTS AND WAIVES IMPORTANT RIGHTS OF THE PERSONS AND ENTITIES SIGNING IT. THIS GUARANTEE OF FRANCHISE LICENSE AGREEMENT (the...Franchise License Agreement • March 13th, 2003 • Apple Hospitality Five Inc • Real estate investment trusts • New York
FINAL RESIDENCE INN - CYPRESS LOS ALAMITOS, CALIFORNIA MANAGEMENT AGREEMENT by and between RESIDENCE INN BY MARRIOTT, INC.Management Agreement • July 7th, 2003 • Apple Hospitality Five Inc • Real estate investment trusts
HOMEWOOD SUITES BY HILTON-COLORADO SPRINGS, COLORADOFranchise License Agreement • March 13th, 2003 • Apple Hospitality Five Inc • Real estate investment trusts • New York
18,311,688 Units APPLE HOSPITALITY FIVE, INC. Common Shares and Series A Preferred Shares Agency AgreementSelected Dealer Agreement • September 24th, 2002 • Apple Hospitality Five Inc • Virginia
Apple Hospitality Five, Inc., a Virginia corporation (the “Company”), is a corporation that will elect to qualify as a real estate investment trust pursuant to Sections 856 through 860 of the Internal Revenue Code of 1986, as amended ( the “Code”). Subject to the terms and conditions stated herein, the Company proposes to engage David Lerner Associates, Inc. as its managing dealer (the “Agent”) to solicit offers to buy and obtain purchasers for shares of common stock, no par value, and Series A preferred shares of the Company, as offered by the Prospectus which is part of the Form S-11 Registration Statement under the Securities Act of 1933 (File No. 333- ) as filed with the Securities and Exchange Commission on September , 2002. The term “Shares” refers to the shares of common stock, no par value, and Series A preferred shares of the Company registered pursuant to the Registration Statement referred to in the preceding sentence. This will confirm our agreement respecting your engageme
HOTEL PURCHASE AND SALE AGREEMENT by and between AHF NEVADA, INC. as Seller, and MRC I FUNDING CORPORATION as PurchaserHotel Purchase and Sale Agreement • August 3rd, 2007 • Apple Hospitality Five Inc • Real estate investment trusts • Nevada
THIS HOTEL PURCHASE AND SALE AGREEMENT (this “Agreement”) is made effective as of July 13, 2007 (the “Effective Date”), by and between AHF Nevada, Inc., a Virginia corporation (“Seller”), and MRC I Funding Corporation, a Delaware Corporation (“Purchaser”).
PROPERTY ACQUISITION/DISPOSITION AGREEMENTDisposition Agreement • September 24th, 2002 • Apple Hospitality Five Inc • Virginia
THIS AGREEMENT is made and entered into as of the day of September, 2002, by and between Apple Hospitality Five, Inc., a Virginia corporation (hereinafter referred to as “Owner”), and Apple Suites Realty Group, Inc., a Virginia corporation (hereinafter referred to as “Agent”).
ASSIGNMENT, ASSUMPTION AND AMENDMENT OF MANAGEMENT AGREEMENT (Houston, Texas)Assignment, Assumption And • January 17th, 2003 • Apple Hospitality Five Inc • Real estate investment trusts • Texas
THIS ASSIGNMENT, ASSUMPTION AND AMENDMENT OF MANAGEMENT AGREEMENT (the “Agreement”) is made and entered into as of the 3rd day of January, 2003 (the “Effective Date”), by and among WESTEL PROPERTIES II, LTD, a Texas limited partnership (“Assignor”), AHF SERVICES LIMITED PARTNERSHIP, a Virginia limited partnership (“Assignee”), and RESIDENCE INN BY MARRIOTT, INC., a Delaware corporation (the “Manager”).
PURCHASE CONTRACT between WESTEL PROPERTIES II, LTD. (“SELLER”) AND APPLE SUITES REALTY GROUP, INC. (“BUYER”) AND joined in by W.I. REALTY I, L.P., d/b/a WESTERN INTERNATIONAL (“WESTERN”) Dated December 18, 2002Purchase Contract • January 17th, 2003 • Apple Hospitality Five Inc • Real estate investment trusts • Texas
This PURCHASE CONTRACT (this “Contract”) is made and entered into as of the 18th day of December, 2002, by and between WESTEL PROPERTIES II, LTD., a Texas limited partnership (“Seller”), with its principal office c/o Western International, 13647 Montfort Drive, Dallas, Texas 75240, and APPLE SUITES REALTY GROUP, INC., a Virginia corporation, with its principal office at 10 South Third Street, Richmond, Virginia 23219, or its assigns (“Buyer”) and, to the extent provided herein, joined in by W. I. REALTY I, L.P., d/b/a WESTERN INTERNATIONAL, a Texas limited partnership (“Western”), with its principal office at 13647 Montfort Drive, Dallas, Texas 75240.
FIRST AMENDMENT TO MANAGEMENT AGREEMENT BETWEEN WESTEL PROPERTIES II, LTD. (“OWNER”) AND RESIDENCE INN BY MARRIOTT, INC. (“MANAGER”)Management Agreement • January 17th, 2003 • Apple Hospitality Five Inc • Real estate investment trusts
THIS FIRST AMENDMENT TO MANAGEMENT AGREEMENT (“FIRST AMENDMENT”) is made and entered into as of this 8th day of October, 1997, by and between WESTEL PROPERTIES II, LTD., a Texas limited partnership, with a mailing address at One Spurling Plaza, 12850 Spurling Road, Suite 114, Dallas, Texas 75230 (“Owner”), and RESIDENCE INN BY MARRIOTT, INC., a Delaware corporation, with a mailing address at c/o Marriott International, Inc., 10400 Fernwood Road, Bethesda, Maryland (“Manager”).
Schedule Setting Forth Information on Five Hotels Subject to Master Hotel Lease Agreement Dated as of February 26, 2003 Between Apple Hospitality Five, Inc., as Lessor, and Apple Hospitality Five Management, Inc., as LesseeApple Hospitality Five Inc • July 7th, 2003 • Real estate investment trusts
SUBCONTRACT AND ASSIGNMENT AGREEMENTSubcontract and Assignment Agreement • January 17th, 2003 • Apple Hospitality Five Inc • Real estate investment trusts • Virginia
This subcontract and assignment agreement (this “Agreement”) is made as of January 3, 2003 by and between Apple Hospitality Five Advisors, Inc., a Virginia corporation (“Apple Five Advisors”) and Apple Suites Advisors, Inc., a Virginia corporation (“Apple Suites Advisors”).
ASSIGNMENT OF CONTRACTAssignment of Contract • March 13th, 2003 • Apple Hospitality Five Inc • Real estate investment trusts
THIS ASSIGNMENT (the “Assignment”) is made effective as of this 26th day of February, 2003, by and among APPLE SUITES REALTY GROUP, INC., a Virginia corporation (the “Assignor”), APPLE HOSPITALITY FIVE, INC., a Virginia corporation (“AHF”), and AHF BATON ROUGE LIMITED PARTNERSHIP, a Virginia limited partnership (“AHF Baton Rouge “).
Information on substantially identical Hotel Lease Agreement dated February 26, 2003Apple Hospitality Five Inc • March 13th, 2003 • Real estate investment trusts
