Agenda 11/10/2009 Item #16G 3
Agenda Item No. 16G3
November 10, 2009
Page 1 of 23
EXECUTiVE SUfitHvlARY
""",-~
Request that the Collier County Redevelopment Agency approve the application and
-recipient agreement for the Immokalee Community Redevelopment Agency (CRA)
Commercial Fa.c;ade Improvement Grant Program for reimbursement of $10,789 for
f~gade Improvements to Lozano's Restaurant located at 405 New Market Roaf:i in
Immokalee, Florida.
QBJECTIVE: To approve the Commercial Fagade Grant Application and Agreement between
the Collier County CRA and Lozano's Restaurant in the amount of $10,789 for improvements to
their commercial property located at 405 New Market Road in lmmokalee, Florida.
CONSIDERATIONS: On July 22, 2008, Agenda Item 8G, at Public Hearing, the Board of
County Commissioners approved Ordinance No. 08-40 amending Ordinance No. 2002-38 in
order to create a Commercial Fagade Improvement Grant Program within the geographical
limits of the Immokalee Community Redevelopment Agency.
The purpose of the Fagade Improvement Grant Program is to increase commercial occupancy
rates and property values within the eRA while revitalizing the overall appearance of the
Immokalee Urban Designated Area.
,-"
Eligible applicants can receive grant funding up to $20,000 as reimbursement, using a one-half
(%)-to-1 match with equal applicant funding for fagade improvements to commercial structures.
Lozano's Restaurant has met all the criteria for reimbursement as required by the application
process approved by the eRA and the BCC for fagade improvements to their commercial
property located at 405 New Market Road in Immokalee, Florida. Exhibit A represents the
Application submitted for approval and Exhibit B is the Reciplent Agreement. Back up
documentation attached to this Executive Summary includes: Applicant Commitment of
Resources Form (Exhibit C), Proof of Ownership (Exhibit 0). Property Tax Payment Verification
(Exhipit E), Proof of Property Insurance (Exhibit F), Contractor Bids (Exhibit G), Conceptual
Rendering (Exhibit H), and Existing Conditions Photos (Exhibit I).
FISCAL IMPACT; Sufficient budget exists within the FY2010 Immokalee eRA Trust Fund (186)
to satisfy this new grant application. This fagade grant project total is $16,184 and the grant
request is $10,789.
,-.
CONSISTENCY WITH GROWTH MANAGEMENT PLAN; The Immokalee Commercial Fagade
Grant Program furthers the programs and projects within the budgetary and policy guidance and
directives of the Community Redevelopment Agency and the Board of County Commissioners
in furtherance of Policy 4,2 of the- Future Land Use Element of the Growth Management Plan
which reads as follows:
"****The Immokalee Area Master Plan addresses conservation, future land use, population,
recreation, transportation, housing, and the local economy. Major purposes of the Master Plan
are coordination of land uses and transportation planning, redevelopment or renewal of blighted
areas, and the promotion of economic development."
Agenda Item No. 16G3
f',lovember 10,2009
Page 2 of 23
LEGAL CONSIDERA TJONS: This Executive Summary has been reviewed for legal sufficiency
and [s legally sufficient for Board action. STVV
-:ADVISORY BOARD RECOMMENDATION: During the regular January 26,2009 meeting, the
Immokalee Local Redevelopment Advisory Board approved a motion to allow the CRA
EY~cuti\le Director to approve applications for the Commercial Fac;ade Grant Program to be
submitted to the CRA Board for final approval, and that upon approval by CRA Executive
Director, the applications will be ratified by the CRA Advisory Board.
RECOMMENDATION: Recommend that the Collier County Redevelopment Agency approve
the application and recipient agreement for the Immakalee Community Redevelopment Agency
(CRA) Commercial Fagade Improvement Grant Program far reimbursement of $10,789 to
Lozano's Restaurant for improvements to their commercial property located at 405 New Market
Road in Immokalee, Florida.
PREPARED BY:
Cradley Muckel,
Project Manager
!mmakalee Community Redevelopment Agency (CRA)
- -'0- - ~--
Agenda Itern No. 16G3
November 10,2009
Page 3 of 23
COLL!ER CO!.1NTY
BOARD VI"' ,,00['11 t I i..,UiV"iliiSSI0iliERS
Item Number:
item Summary:
16G3
Meeting Date:
Request that the CO;::e;! CQUlIiy '-.,,,' ",,',u,-,lly ~edelie:opment Agency (CRA) approve the
application and recipipnt agreell'iP;'11 for the Immokalee CRA Commercial Faade
Improvement Grant Progl am ror I'JindJursernent of $10,789 for faade improvements to
Lozanos Restaurant located at 40G New Market Road in Immokalee, Florida.
11/1O/20(J8 8:UU:LJU .I\IVI
Prepared By
Bradley Muckel
Project Manager
Date
BCC
Immokalee CRA
10f26/2009 5:18:00 PM
Approved By
OMS Coordinator
o:,m Coordinator
Date
('0Ur-ty Manager's Office
Offi!"e of Managern"nt B, B"rlg"!t
10/28/20094:25 PM
Approved By
Jeff Klatzkow
County Attorney
Date
County Attorney
County Attorney Office
10/30/2009 2:32 PM
Approved By
Penny Phillippi
Immokalee, CRA
Date
BCC
County Redevelopment Agency
10f30f2009 3:07 PM
Approved By
Steven Williams
Assistant County Attorney
Date
Attorney's Office
Attorney's Office
10/30f2009 3:09 PM
Approved By
Bradley Muckel
Pro~ect Manager
Date
BCC
Immokaiee CRA
11/3/20099:04 AM
Approved By
Mark Isackson
Budget Analyst
Date
County Manager's Office
Office of Management & Budget
11f3/200S 10:13 AM
C1~.lln.\ A __._-l_'T""'__.....\r'______...l.\1'"'O ')".T_______L___1A .......AAr\\1/" ~r'\'lr..TC1r:")"T'"r .\0r'l\.T'I'\.A\1/:,f'l ATnn
11 IA ''''''\AA''
Agenda Item ~~o. 16G3
I'Jovember 10, 2009
Page 4 of 23
IMMOKALEE eRA
Community Redevelopment Agency
iThe Placeto cdl Home!
Immokalee eRA I COIHIl1Oi'Gi;11 !':;"i,Hlp Iml'i'm'(',nf'nl (,'';In\ !ql! ,lie,li;oll
ommerCla a4;a e ran .pp lca Ion (Detach and submit to eRA office,)
I Applicant Information
L --~~-'~---"
I Grantee Name I Lozano's Kestaura~t_._
1 Grantee Address PO Box 961 Site Address 405 New Market Road
Immokalee, FL 34]43 Immokalee, FL 34142
~--~-
Daytime Phone 239.658.9255 Alternate
Phone
._~-
E-Mail Address I2gQl)Zc~d.Q~JJJf!2~_Q.!ll C~~!~L.!lc;l
Do you own or lease the property? I Own I Occupational License NO'1 SEA-2102252
(if applicable
I ----~-- --' .._-_..~~- -_.~.--...,--
Project Information
Describe the existing conditions of the site (attach additional sheets if necessary),
CUl1'ently there is no sign in front of the restaurant on New Market Road.
-.------...
Outline the proposed improvements in detail (attach additional sheets if necessary).
Design and install new sign complete with electrical service for sign lights.
lrEQlJlRED ATTACHMENTS FROM APPLICANT:
J) Onc cstilllak cadi "mill TWO cOlllral'lllrs for ('adl flroJn't. I hest: cllntlactOl~ i\JlJST be listed ill the online
llat,lha<;c.
2) Busincss Ownel's: copy of ol'cupnl iunnJ lil:cml'.
eRA STAFF: ,
" ",
1) Attach two color photos of each project to be Estimated cost of improvements: $ 16,184
performed. Maximum grant award: $ 10.789
2) Attach Propel'ty Appraiser ID.
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Agenda Item hlo. 16G3
November 10. 2009 '1
Page 5 of 23
I
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I
I
cOMMERCIAL FACADE iMPROVEMENT PROGRAM RECIPIENT AGREEMENT
TIllS AGREEMENT ENTERED this __ day of
between the Collier County Community Redevelopment
(~,~~f'ir..after referred to as "CRA") and Ci~j\l (J. Go tJ? (If (.1:
as "GRANTEE"). I
,_byand
Agency. (eRA) (Immokalee)
(hereinafter referred to
WIT N E SSE T H:
WHEREAS, in Collier County Ordinance No. 2002-38, as 'amended July 22, 2008, by
Ordinance 2008-40, the Board of County Commissioners delegated authority to the eRA to
award and administer CRA programs and awards including contracts with business GRANTEES
within the boundaries of the lmmokalee CRA for CRA grants; and
WHEREAS, the CRA Commercial Facade Improvement Program (hereinafter referred to
as the Fa9ade Program) allows for the use of eRA funds, in conjunction with private
investments, for certain improvements to commercial structures located within the boundaries of
the lnunokalee CRA; and
WHEREAS, the intent of the Facade Program is to increase commercial occupancy rates
and property values within the CRA while revitalizing the overall appearance of the lmmokalee
Area; and
WHEREAS, GRANTEE has applied for a fayade grant in the amount of to '18'1 dollars;
and
WHEREAS, the CRA has determined that GRANTEE meets the eligibility requirements
and was approved for a Fayade Program award in the amount of (0'1 n dollars on
("CRA Approval").
NOW, THEREFORE, in consideration of the mutual covenants contained herein and
other valuable consideration, the parties agree as follows:
1. GRANTEE acknowledges to the eRA that GRANTEE has received a copy of the
Fayade Program, that GRANTEE bas read the Fayade Program Policies and Procedures
document, and that GRANTEE has had ample opportunity to discuss the Fa9ade Program with
GRANTEE'S counselor advisor, GRANTEE further acknowledges to the CRA that GRANTEE
understands and agrees to abide by all of the terms and conditions of the Fa9ade Program.
GRANTEE agrees to the terms and conditions of the Fa9ade Program attached hereto as Exhibit
A and incorporated herein by reference.
- 1 -
,Aqenda lterri i\!o. 16(;3
- November 10.2009
Page 6 of 23
2. GRANTEE IS the record owner of property described as:
Lo t (( IV 0 S:
P. f' ,s-/<1.tlt1..A Nk
3. GRANTEE has agreed to make certain improvements to the property pursuant to
the Fac;ade Program application submitted to the CRA dated ~~JY.1-attached hereto as
Exhibit B and incorporated herein by reference.
4. CRA has approved an award to GRANTEE in the amount of $ 1075'7 to be
administered pursuant to the terms of this Agreement based on an estimated cost of $ {6' I 'i'.t.f .
5. Unless prior disclosure is included in the grant application, no GRANTEE, or any
immediate relative of GRANTEE, shall serve as a contractor or subcontractor for the
construction of the improvements and no GRANTEE or any immediate relative of GRANTEE,
shalll'eceive compensation for labor for the construction of the improvements. An immediate
relative of GRANTEE shall include mother, father, brother, sister, aunt, uncle and cousin or
family member by man-iage to include mother-in-law, father-in-law, brother-in-law and sister-in-
law. GRANTEE has verified that all contractors who have provided bids for the approved work
are actively licensed by Collier County and GRANTEE agrees that all labor will be perfonned
only by the lowest bidding contractor.
6, GRANTEE agrees to obtain all necessary permits and submit any required plans
to the Collier County Community Development and Environmental Services Division. Upon
completion of the work, GRANTEE shall submit a closeout package to the CRA which will
include all applicable (electrical, structurai, fire, plumbing, etc.) final inspection verification
from Collier County Building Inspection Division. The eRA, through its staff, shall confirm that
the improvements were constructed pursuant to the terms of this agreement approved by the
CRA and shall create a final report to include digital color photographs of the project before and
after completion.
7. Within forty-five (45) days after confilmation that the improvements were
constructed pursuant to the terms of the approved application, GRANTEE shall be issued a
check in the amount of the award. However, if GRANTEE fails to make the improvements
pursuant to the terms of this agreement, including construction start within 90 days of execution
of the grant agreement and completion within 12 months of the execution of the grant agreement,
the award shall be deemed revoked and GRANTEE shall be entitled to no funding.
8.
of Florida.
This Agreement shall be govemed and construed pursuant to the laws of the State
9. This Agreement, along with its incorporated attaclunents, contains the entire
agreement of the parties and their representatives and agents, and incorporates all prior
understandings, whether oral or written. No change, modification or amendment, or any
- 2 -
Agenda item No. 16G3
November 10, 2009
Page 7 of 23
representation, promise or condition, or any waiver, to this Agreement shall be binding unless in
writing and signed by a duly authorized officer or the party to be charged.
10. This Agreement is personal to GRANTEE, and may not be assigned or transfel1'cd
by GRANTEE or to GRANTEE'S respective heirs, personal representatives, successors or
assigns without the pri.or wdtten consent of the eRA.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year
first written above.
GRANTEE(s):
(1) L-~((/;1..J''y1
---Witness Signature
t?r,-4J(~y lt1uGkei
Pl'intedffyped Name
;:'l
! I )
',./
/7 ?!,/
By: {;'fi""~/"-'~O'~ ___
, (5
C///)y--/,/C{ CCiI?"Za/C' 'c_
PrintedrTyped Name .
By:
Printedffyped Name
ATTEST:
DWIGHT E. BROCK, Clerk
COLLIER COUNTY COMMUNITY
REDEVELOPMENT AGENCY
By:
, Deputy Clerk
JIM COLETTA, Chairman
Approved as to form and
legal sufficiency:
JeffKlatzkow ,r--'
County Attorney 10'$0 -ocr
This Agreement is to be signed and witnessed AFTER CRA staff has found the application to be complete.
- 3 -
Agenda ltenl t'~o. 16G3
t\jovember 10,2009
Page 8 of 2'3
[M.MOJ~~~h!t~ ~
Community Jl."qevelopmellt Agency
, iThe Pl"ce to c,,1l Home!
lmmokalee eRA I Commercial Fa9ade Improvement Grant Application'
Applicant Commitment of Resources
/7 I n /
I I we, C 'In 'If, /6<'- l) 0/1 C (7.-1 r! c~_ , owner(s) I tenantCs) of the
,
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cOlmnercial property located at "'-/05 Co?') { ~ t{.! It. let r t (-r //y; , ) have the funding and all
other capability necessary to begin the site improvements listed above and have the ability to
complete aU improvements within one year of the approval of the improvement grant by the Collier
County Community Redevelopment Agency. II we further affirm that payment for all work on
approved improvements win come from accounts in my lour name(s) or the narne(s) of entities
registered in the State of Florida which I I we have incorporated or otherwise registered with the
state (verification is required). Payment for improvements by from persons or entities not a party to
this Grant Application is grounds for disqualification.
Date
Signature of Ten ant (ifleased)
(if jointly leased)
Date
) ,,/ /'7
,,,.-/ ~/
(/',: .t~ j. oAf) ./ /'
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Date
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Signature of Owner
(if jointly owned)
Date
THIS INSTRUMENT PREPARED pv,
PAT REGAS
AFTER RECORDING RETURN TO:
VLEZTWOOD TITLE CORPORATION
904 LIS DuVD., SUITS 106
LKnIGH ACRES, YL 33936
2538098 OR: 2591'1GS_:r~~, 16o~~
d<<I1M 18 omew. UCOIN of COUJU coan~ge 9 of 23
lO/u/lm at u:tJlIlt WJwt I, laoet, tUu .
C1W U$06t.H
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DOC-.n m.st
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FOR OFFICIAL USE ONLY:
PARCEL H 63867120005/63867160007
Uti:
NmIllOB T1!1J
tt4 111 un 1106
(,l1[(1lI ACtU n m u
REC
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INTANG
INDEX
TOTAL
$ /$"; C?
$ Z'fjP ,J7!
$ ~ t$ ,(/CJ
$
$ JI 9''7, J-e>
THIS MORTGAGE DEED
rrc.40176.PR
State of FLORIDA
Count'.( of COLLIER
THIS IS A BALLOON MORTGAGE AND THE FINAL PAYMENT OR THE BALANCE DUE UPON
MATURITY IS $191,801.g9, TOGETHER WITH ACCRUED INTEREST, IF ANY, AND ALL
ADVANCEMENTS lo1ADE BY THE HORTGAGEE
Executed the ~ day of JULY. A.D. 1999
by
CYNTHIA aONZALEZ
hereinafter called the mortgagor,
to
UNIDAD, INC. A FLORIDA CORPORATION,
1213 LEE ST" IMMOKALEE, FL 34142
hereinafter called the mortgagee:
(Wherever used herein the terms "mortgagor" and "mortgagee" include
all the parties to this instrument and the heirs,
legal representativos and assigns of individuals, and the
successors and assigns of corporations; and the term "note"
includes all the notes herein described if more than one.)
Witnes..th, that for good and valuable considerations, and also in
consideration of the aggregate sum named in the promissory note of the
even date herewith, hereinafter described, the mortgagor hereby grants,
bargains, sells, aliens, remises, conveys and confirms unto the mortgagee
all the certain land of which the mortgagor ia now seized and in
possession situate in COLLIER County, Florida, viz:
LOTS 1 AND 2, BLOCK 55, NEW!~RKET SUBDIVISION, ACCORDING TO THE PLAT IN
PLAT BOOK I, PAGES 104 AND 105. PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
THIS IS A HORTGAGB AND CANNOT BB ASSUMED, ASSIGNED, AND/OR TRANSFERRED
WIT1IOUT '1"ItI I.XPRBSS WRI'M'Im CONS!NT OF THE MORTGAGEE.
To bave And to Hold the same, together with the tenements,
hereditaments and appurtenances thereto belonging, and the rents, issues
and profits thereof, unto the mortgagee, in fee simple.
And the mortgagor covenants with the mortgagee that the mortgagor is
indefeasibly seized of said land in fee simple; that the mortgagor has
good right and lawful authority to convey said land as aforesaid; that the
mortgagor will make Buch further assurances to perfect the fee simple
title to said land in the mortgagee as may reasonably be required; that
the mortgagor hereby fully warrants the title to said land and will defend
the same against the lawful claims of all persons whomsoever; and that
said land is free and clear of all encumbrances IXCEPT TAXBS FOR 1999 AND
SUDSSQUENT YEARS. SUBJECT TO &ABXMXNTB, RESIRVATIONS, RESTRICTIONS,
CONDITIONS, AND LIMITATIONS OF RECORD IN TH~ PUBLIC RECORDS OF
COLLI&R COUNTY, FLORIDA.
Provided Always, that if said mortgagor shall pay unto said
mortgagee the certain promissory note hereinafter substantially
copied O~ identified, to-wit:
OR: 2597 P1;ltlcGG$aem ~~o. 16.:>3
November 10, 2 9
Page 100 23
THIS IS A BALLOON I.\ORTGAGE AND THE FINAL PAYMENT OR THE BALANCE DUE UPON
MATURITY IS $191,801.99, TOGETHER \'lITH ACCRUED INTEREST, IF ANY, AND ALL
ADVANCEMENTS !1ADE BY THE MORTGAGEE
PAGE 2 OF 3
MORTGAGE NOTE
$215,000,00, CITY OF IJ.i1<10KAL8E, FLORIDA JULY 23, 1999
FOR VALUE RECEIVED THE UNDERSIGNED promises to pay to the order of UNIDAD,
INC. A FLORIDA CORPORATION, the principal sum of TWO HUNDRED FIFTEEN
THOUSAND AND NO/lOa ($215,OOO.OQ) DOLLARS, together with interesc at the
rate of 10.00 per cent per annum from the date of Closing until maturity,
both pdnc:ipal and interest beinq Dayable in Lawful Money of the United
States, such principal sum and interest payable in installments as follows:
Payable in 63 equal, consecutive monthly installments in the amount of
$2,000.00 including interest at the rate of 10,00 per cent per annum on
the unpaid principal balance until paid in full. First installment due and
payable on or before the 23RD day of AUGUST, 1999 and monthly thereafter
on the 23RD day of each consecutive month until paid in full. Final
payment in the balloon amount of $191,801.99 due and payable on or before
July 23, 2006.
Prepayment in any amount may be made at any time without notice or bonus.
Such installment payments shall be applied first to the interest accruing
under the terms of this note and then to a reduction of the principal
indebtedness. The makers and endorsers of this note further agree to waive
demand, notice of non-payment and protest, and in the event suit shall be
brought for the collection hereof, or the same has to be collected upon
demand of an attorney, to pay reasonable attorney's fees for making such
collection. All payments hereunder shall bear interest at the rate of
~o.oo percent per annum from maturity until paid, This note is secured by
a mortgage of even date herewith and is to be construed and enforced
according to the laws of the State of Florida; upon default in the payment
of principal and/or interest when dUB, the whole sum of principal and
interest remaining unpaid shall, at the option of the holders, become
immediately due and payable. Failure to exercise this option shall not
constitute a waiver of the right to exercise the aame in the event of
subsequent default.
Payable at 1213 LEE ST.,
IMMOKALEE, FL 34142
/s/ CYNTHIA GONZALEZ
and if Mortgagor shall perform, comply with and abide by each and everyone
of the agreements, stipulations, conditions and covenants thereof, and of
this mortgage, then this mortgage and the estate hereby created, shall
CBase, determine and be null and void.
And the mortgagor hereby further covenants and agrees to pay
promptly when due the principal and interest and other sums of money
provided for in said note and this mortgage, or either; to pay all and
singular the taxes, assessments, levies, liabilities, obligations, and
encumbrances of every nature on said propertYi to permit, commit or suffer
no waste, impairment or deterioration of said land or the improvements
thereon at any time; to keep the buildings now or hereafter on said land
fully insured 'in a sum of not less than FU1..L INBIlRABLE Vi\LUE in a
company or companies acceptable to the mortgagee, the policy or policies
to be held by, and payable to, said mortgagee, and in the event any sum of
money becomes payable by virtue of such insurance the mortgagee shall have
the right to receive and apply the same to the indebtedness hereby
secured, accounting to the mortgagor for any surplus; to pay all costs,
charges, and expenses, including lawyer's fees and title searches,
reasonably incurred or paid by the mortgagee because of the failure of the
mortgagor to promptly and fully comply with the agreements, stipulations,
conditions and covenants of said note and this mortgage, or either; to
perform, comply with and abide by each and everyone of the agreements,
stipulations, conditions and covenants set forth in said note and this
mortgage or either. In the event the mortgagor fails to pay when due any
tax, assessment, insurance premium or other Bum of money payable by virtue
of said note and chis mortgage, or either, the mortgagee may pay the same,
without waiving or affecting the option to foreclose or any other right
hereunder, and all such payments shall bear interest from date thereof at
the highest lawful rate then allowed by the laws of the State of Florida.
;>~1
J..~
_~._.....~~"".rL'''''~~~J
~*l'l OR: 2597 PG~~ i\!~ No. 16G3
November 10. 2009
Page 11 of 23
PAGl% 3 OF 3
A..ignaont of Rent.. Mortgagor unconditionally assigns and transfers to
Mortgagee all the rents and revenues of the Property. Mortgagor
authorizes Mortgagee or Mortgagee's agents to collect the rents and
revenues and hereby directs each tenant of the Property to pay the rents
to Mortgagee or Mortgagee's Agents. However, prior to Mortgagee's notice
to Mortgagor of Mortgagor's breach of any convenants or agreement in the
security Instrument, Mortgagor shall collect and receive all rents and
revenues of the Property as trustee for the benefit of Mortgagee and
Mortgagor. This assignment of rents constitutes an absolute assignment
and not an assignment for additional security only,
If Mortgagee gives notice of breach to Mortgagor: (a) all rents received by
the Mortgagor shall be held by Mortgagor as trustee for benefit of
Mortgagee only, to be applied to the sums secured by the Security
Instrument; (b) Mortgagee shall be entitled to collect and receive all of
the rents of the Property; and (c} each tenant of the Property shall pay
all rents due and unpaid to Mortgagee or Mortgagee's agent on Mortgagee's
written demand to the tenant,
I~ortgagor haa not executed any prior assignment of the rents and has not
and will not perform any acts that would prevent Mortgagee from exercising
its rights under this assignment.
l~ortgagee shall not be required to enter upon, take control of or maintain
the Property before or after giving notice of b~each to Mortgagor.
However, Mortgagee or a judicially appointed receiver may do so at any
time there is a breach. Any application of rents shall not cure or waive
any default or invalidate any other right or remedy of Mortgagee. This
assignment of rents of the Property shall terminate when the debt secured
by the Security Instrument is paid in full.
-,"'--
If any sum of money herein referred to be not promptly paid within 15
days next after the same becomes due, or if each and everyone of the
agreements, stipulations, conditions and covenants of said note, and this
mortgage, or either, are not fully performed, complied with and abided by,
then the entire Bum mentioned in said note, and this mortgage, or the
entire balance unpaid thereon, shall forthwith or thereafter, at the
option of the mortgagee, become and be due and payable, anything in said
note or herein to the contrary notwithstanding. Failure by the mortgagee
to exercise any of the rights or options herein provided shall not .
constitute a waiver of any rights or optione under said note or this
mortgage accrued or thereafter accruing.
In Witness Whereof, the said mortgagor has hereunto signed and sealed
these presents the day and year first above written,
THIS IS A BALLOON ~IORTGAGE AND THE FINAL PAYMENT OR THE BALANCE DUE UPON
MATURITY IS $191,801.99, TOGETHER WITH ACCRUED INTEREST, IF ANY, AND ALL
ADVANCEMENTS MADE BY THE MORTGAGEE
,c..-
The foregoing instrument was acknowledged before me, this 0<'/ day of
July, 1999 by CYNTHIA GONZALEZ, who is personally known to me or did
produce acceptable identification being in the form of -
. . . "FIbA'~: , .tIN"~.r c. . and who d~' d un hstand the body of this
instrument and d.id Si<111 this instrument. f he' own free ct and deed,
". .. . ~~~. .
~'\\~I1.~R ""I... . /
s-~I~~;.t~" ~ .
l"..~~~o~~..:..\ OT 'i PUBLIC tf'
.' 11? ~ ..:...~ ~\* i MY COMMISSIOn EXPIRES I
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FOR OFFICIAL USE ONLY:
PARCEL # 63867120005/63867160007
2538097 ort:ge~~~b~~, B
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18/et/lttt It tl:01AM BlIGIf B. 1IOCt, C1IRI
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THIS INSTRUMENT PREPAR.ED BY:
PAT REGAS
AFTER RECORDING RETURN TO:
FLEETWOOD TITLB CORPORATION
904 LEE BLVD., SUITE 106,
LEHIGH ACRERi FL 33936
Rtta:
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PAGE 1 OF 2
THIS W~y DEED
FTC-40176-PR ~
Made the a/ day of . , ]\,D. 1999
by UNXDAD, INC., A DraBOL FLORIDA CORPORATION
hereinafter called the grantor,
acquiring title through instrument as recorded in O. R. Book 9581
page 16091 O. R. Book 1000, Page 1477, in the public recorda of
COLLIER CountYl Florida.
to CYNTHIA GOHZALBZ
whose poet office address is:
P. O. BOX 961
IMMOKALEE, FL 34142
herein called the grantee:
(wherever used herein the terms "grantorR and Ngranteeft include
all the parties to this instrument and the heirs, legal
representatives and assigns of individuals, and the successors
and assigns of corporations)
~SSITHI That the grantor, for and in consideration of the
sum of $10.00 and other valuable consideration, receipt whereof
is hereby acknowledged, conveys and confirms unto the grantee,
all that cert&in land situate in COLLIER County, Florida, viz:
_/
LOTS 1 AND 2, BLOCK 55, NEWMARKET SUBDIVISION, ACCORDING TO
THE PLAT THEREOF IN PLAT BOOK 1, PAGES lO~ AND 105, PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA,
THIS IS A COMMERCIAL PROPERTY
I
L_...>.......""_..... . .
~--'
Agenda Item No. 16G3
*** OR: 2597NP'G'~~!1 ~J
PAGE :;I OF 2
TOGITHIR with all the tenements, hereditaments and appurtenances
thereto belonging or in anywise appertaining.
TO KAYX AND TO HOLD, the same in fee simple forever.
AND the grantor hereby covenants with said grantee that the
grantor is lawfully seized of said land in fee simple; that the
grantor has good right and lawful authority to sell and convey
said land; that the grantor hereby fully warrants the title to
said land and will defend the same against the lawful claims of
all persons whomsoever; and that said land is free of all
encumbrances, except taxes accruing subsequent to December 31,
1998. Subject to easements, restrictions, reservations,
conditions and limitations of record in the public recorda of
COLLIER County, Florida,
IN WITNESS WHHRIOF, the said grantor has signed and sealed these
presents the day and year first above written.
The foregoHi atrument was acknowledged before me this ~I
day of .' 1999 by MARY' ANN GARCIA AND NORA AYALA,
PRESIDENT V E-PRESIDENT, RESPECTIVELY, AS THE LAST DIRECTORS
OF UNIDAD, INC. A DISSOLVED FLORIDA CORPORATION, who are
personally known to me and did produce acceptable identification
being in the form of ;::/.. tJ.{. . and who did
understa d the body of this instrument and did sign this
instrume 0 their own fr e:1 act and deed.
\\,\\\\\IIIHI/II111.
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PRINTED NAME OF NOTARY PUBLIC ....~/tt~dc.Si~.W\\,~"
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Signed, sealed and delivered
Z!Z G:;l /
WITNE~S t -".~ /t~~ ~.
WITNESS (TWO SEPARATE TNESSES
RBOUIRll
/},4 1(""/4 //. Kt6"ff
PRINTED NAME OF WITNESS
STATE OF FLORIDA
I.,
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in our presence:
UNlOAD, INC., A DISSOLVED FLORIDA
CORPORATION OJ
BY, '-111~L/.:J~ LS
MARY ANN ARCIA, PRESIDENT
BY'~~
NORA AY , VICE PRESIDENT
1213 LEE ST.
I~rnOKALEE, FL 33934
LS
COUNTY OF COLLIER
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November 10. 2009
Page 15 of 23
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18/23/2009 15:28 2395578355 FRONT DESK
Account History for: 5592695 - LOZANOS SPORTS BAR & MEXI
1U.IO~"'~' R.t, Premi.m Fi..... Corp.r.tioo.In"
~ (i<>o<!,o\((tn>!"." 1f11;",l\(y.()t1.\><T}.\~'>(N
I ~.
Account Inquiry
Acrount Number 5592695
status CUrrent
Date Due 11/19/2009
Scheduled 1 056 26
Payment J .
Past Due I fees
Pa~ent Due 1,056..26
Balance 2,112.52
Palloff Amount
f nc,n'!~ R~pEI\"el{~l~,.,
Mvv l'-..JO lb....,!l 1\1\....<. ,.......v......
~ f'JeP..qedeofl4J. 2009
Page 16 of 23
too Ovt.
Name LOlANOS SPORTS OM. 6: MD(X
Addre$S PO BOX 961
IMMOKALEE, Fl34143-
J'hone (000)
Al1ent BRUCE HE:'NDRY INSURANCE - lo5i4
_ (239) 657-3614
711 W MA[N Sf
IMMOKAlEE, Ft. 34142
Premium$ Do"".... ~mt %Down
10,292.00 1,545.00 15.01
Date Oesaiption
04/13/2009 Beginning Balance
04/13/2009 Down Payment
04/13/2009 DOC Stamp Fee
04/13/2009 Fio3l\ce Charge
04/14/2009 Billing Statemen~
04/26/2009 late ChargE!
04/28/2009 Pmt Adjust
05/03/2009 BHUng Statement
05/19/2~ Paynnent
06/03/2009 Billing Statement
06/15/2009 Payment
07/01/2009 Billing Statement
07/10/2009 Payment
08/03/~009BllIing Statement
08/21/2009 Payment
09/03/2009 Billing S~tement
09/11/2009 Pa~nt
10/01/2009 BillIng Statement
10;09/2009 Payment
\.
Ami Fin fin ChQ ~ Af!!
B,7n.BO 728.54 9 19.50
Debt~ ~ Balance
.to. 292.00 10,292.00
1,545.00 8,747,00
30.80 8,777.80
728.54 9,506.34
9,505.34
52.81 9,559.15
~ l,056.25 8,502.89
8,502.89
1,109,07 7,393,82
7,393.82
1,056.26 6,337.56
6,337.56
1,056.25 5,281.30
5,281.30
1,056.26 4,225.04
4,225.04
1,056.26 3,168.78
3,168.78
1,056.26 2,112.52
https://vvww.primerateonline.netlwcbapps/accthist .pgm ?company=OOO l&state; FL&acco... 10/23/2009
Agenda Item No. 16G3
November 10, 2009
Page 17 of 23
366i Mercantile Ave.
Naples, FL 34104
ACCQlmting: 239-643-1777 x 202
FAX: 239-643-2499
acwunting@SigncruftQfnaples.com
Invoice
Date
Invoice #
10/20/09
30728kc0714
Bill To Ship To
Lozano's Mexican RestaUl<ui t same address as billing
405 New Market Road
Immokalee, FL 34143
Ordered By Phone
Sandy 658-9255
P.O, No. Terms Due Date SC Rep
verbal Net 10 10/30/09 Judi
DESCRIPTION THIS INVOICE
Double-faced 12' Illuminated Pylon Sign with 2 lines of message strips 14,480.00T
Subtotal $14,480.00
visit our website: www.slgncraftofnaples.com Sales Tax (6.0%) $868.80
Balance Due $15,348.80
F,genda item r~o. 16G3
November 10. 2009
Page 18 of 23
~ee Designs LLC
3300 Palm Ave
Fort lVlyers, Florida 33901
(239) 27B-4245/Fax (239) 278-3912
LIC# EL00174L
LIC# ET0000715
Contl'l1ct Agreement
Project Name:
Lozanos
Project Address:
405 New Market Rd.
Signing of this document constitutes a legal and binding contract between parties named on this agreement.
Goods sold remain the property oftlle seller until paid in full,
No wananties will be honored while balance is lmpaid.
Total Contract Atnolmt: $ 15,500.00 (plus tax)
50% Deposit:
$ 7,750.00
I
.I
Fabrication: Fabricate and install12'h pole sign. Sign copy is 80 sq. ft. Sign to have pan face with
.viuy I graphic and two lines of Changeable Copy. Sign to be Illuminated, Price to include hook up of sign.
Customer to be responsible for Electric to be at site.
\1
Specifications
PRICE INCLUDES DESIGN, ENGINEERING, PERMITS, FABRICATION AND
lNST ALLATION!
TERMS AND CONDITIONS:
1. PAYMENT SCHEDULE: 50% deposit required with contmet and to start work. Balance of contract is due uJlon completion of
work.
2. l1ris proposal is made for specinlly constructed equipment and when accepted is not subject to cancellations.
3. The Seller agrees to securc all necessary governmental pcmrits and/or aU necessnry penn its from the building 0\\11er whose
pennission is required for the installation of this display WId he assumes all liability with regard to same and liability, public and
otherwise, for dEUllages caused by the display or l'ly re!lSon of it being all or attached to the premises. Buyer agrees to secure all
necessary pernrission for use of nil registered trademarks or copy-rights used on the display.
4. All necessary electrical wiring, outleL~ and connections to the display from the building meter and/or ftlse panel will be properly
fused and installed at the expense of the Buyer.
5. INSTALLATION PRICES QUOTED ARE SUBJECT TO REV1S10N WHERE EXCESS ROCK OR OTHER
lJl'..TfORESEBABLE FOUNDATION CONDITIONS ARE ENCOUNTERED.
6. ScHer will not be respoJl5ible for delays in shipments caused by delays created by supplies or transportation services or by labor
disputes or due to any other circumstances beyond its control.
7. Title to all materials and property covered by this contact shall remain in Seller's nanJe and shall not be deemed to constitute a
part of the realty in which it may be ottachcd until the purchase price is poid in full. Seller is given an express security interest
in said material and property both erected and 1I1lelected notwithstanding the manner in which such personal properly shalt be
annexed or llttachcd to the really. In the event of default by BUYER, including. but no! limited to, pllynlent of any amounts due
and p<lyable, Seller may at once (and without process oflaw) take possession or and remove as mId when it sees fit and wherever
found, all moterinls used or intended for use in tile construction of said equipment and any wld aU property called for ill this
contract without being deemed guilty of trespass.
Agenda Item No. 16G3
l\Jovember10, 2009
Page 19 of 23
8. Iftllc balwlce ofl.he agreement is not paid wiUlin 30 days of completion tha nbove mentioned warranty will be void.
9. When this contracl is being signed by a duly nulhorized person of each party, all provisions contained herein become integral of
this contract alld there is 110 other agreement or understanding or any nature conceming same unless stich agreement or
understanding, if any is slleeifically incorporated herein.
10. Should Buyer fail to pcrfonn any terotS of this ftgrcement . and should Sellcr be obligated to employ 8/1 altomcy to enforce
pcrfonnance or collection thereof, reasonable attorney fees and costs of collection shall be added 10 !he balance due thereon.
11., Jobs completed on schedule, but not able to be shipped and/or hlstalle<! due to delays caused by the customer will be invoiced
(except shipping and instllllation) on schedule and demUITIlg6 charges wHl be incurred.
12. Lee Designs LLC will not be liable for any delays injob completion caused by lhc customer, its subcontractors, acts of God, or
Inaccessibility \0 tile job site.
WARRANTIES:
Workmanship: All signs or fIXtures fabricated and installed by Lee Designs LLC are warranted
against defects in material and workmanship for one year, parts and labor.
Materials: All electrical materials used shall be covered by manufacturer's warranty for up to one
year, excluding labor.
Insurance: Lee Designs LLC provides liability insurance coverage for all work perfonned by Lee
Designs LLC and coverage shall be in the name of Lee Designs LLC only.
ALL WORK CONTINGENT ON APPROVAL OF NECESSARY PERMITS
IN WITNESS WHEREOF, the contract and customer hns executed this contract as of
2009.
Lee Designs, LLC
By:
By:
Title:
Title:
Oct 20 09 03:32p
Jackie Williams
239~57-3531
p.1 A
genda Item No. 16G3
November 10, 2009
Page 20 of 23
~
479
~..
JACKlE WILLIAMS
611 Lake Shore Drive
IMMOKALEE, FL 34142
(239) 657-3293
FAX (239) 657-3631
I ~;;~;?~~q
p~
TO: Lozano's Restaurant
Jerome Street
ImJl1.okalee fl. 34141'
JOB NAJ,EI LeemON
I JOB PI10NE
JOB Nl.lIAIlI3l
_YRlliTiINal,...~J,~....,'.nr~,rr.mI('~'~HlmmTh'l~"1
>
Labo~ and material to install (1) 60 amp service pole and connect electrical w~r~ng from
service pole to sign. Sign will be working electrical:y after passed inspection and power
serviced DY LCEC.
.* Cost of electric permit to be determined by Collier County and paid fo~ by owner.
WE PROPOSE herel>yro fumlsh lOOIeOOI and Iabor-camplete in accordaocewllh \he above spoclficaIions, br the sun of:
eiqht ~undred Thirty Five and 00/:00 Dollars d~~~($
Payment: to be I1Jade 3$ fallows:
835.CO ).
AI mlllorial '" gooranleO<llo be e.s spedIcd. NI v.al< 10 00 ~ In a ~ssIooaI
manner (lOO)<t!'rq II) ~ ~S- Anf Bteraioo Of dewiation ITtm aIXM> spec::if<:olion
n~ _ costs "ill be EJ:(OOJ1ed odt upon w<iIlen ciders. pnd.... beoom1> 0:0 extta
c1wg& lr>'ef ern ebcMl te ~e. />l1l9.....men1s ronling.l<lt ..pon strikes. ~ or
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ACCEPTANCE OF PROPOSAL-Theabo'<1lpr)oes.
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Oct. 21. 2009 J :24PM
co II i ere lee 0 f fori mye r s
No. O~endcPJteln No. 16G3
November 10, 2009
Paae 21 )f "'.>3
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COLLIER
ELECTRIC
OF FT MYE:RS
\~
6200 METRO PLANTATION RD.
PHONE: (239) 275-7888
Collier Electric Company
of Ft. Myers, Inc.
FORT MYERS, FLORIDA 33966
FAX: (239) 275-0612
PROPOSAL
Date: October 7. 2009
Project:
Lozano' s Restaurant
405 East NewMarket Road
Immokalee, F134143
Phone: (239)658-9255
Fax: (239)658~2888
Division:
Electrical
Attn:
Dani Gonzalez
Mr, Gonzalez;
Submitted herewith is our request for electrical work on the above referenced project. AU work is
included as per the following detail:
1. Labor and materials to install (1) 60 amp service pole and connect electrical wiring from
service pole to sign. Sign will be working electrically after passed inspection and power
serviced by LCEG
2. Cost of electrical permit to be determined by Collier County and paid for by owner.
Total Installation: $1994.00
======
Accepted:
Date:
Payment Tenn$: ACllcptable credit application or 50% at ccmmence nfwork and balance paid in full 10 le~hnic<illlllt completion of
servie<:. If time and malerial, charges accrual every two days, whichever comes fm>t.
A $30.00 service ehareewill applied 10 all returned checks. AlIscoo\lnts lurn in 10 collection will bo GUhjecl to Jcgalmd filling fees plus
monthly interasl of 1.5%.
.;:~T~~~9
~an D, Martin
Good For 30 Days
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