Backup Documents 11/10/2009 Item #16G 3
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MEMORANDUM
Date:
November 16, 2009
To:
Bradley Muckel, Operations Mgr.
Immokalee CRA
From:
Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re:
Commercial Fal;ade Improvement Program Recipient
Agreement - Lozano's Restaurant
Attached please find one (1) Certified Copy of each agreement referenced
above, (Agenda Item #16G3) approved by the Board of County
Commissioners on Tuesday, November 10, 2009.
The Minutes and Records Department has retained an original document for
the Official Record of the Board of County Commissioners.
If you have any questions, please call me at 252-8411.
Thank you.
Enclosure
16G3
16G3
COMMERCIAL FACADE IMPROVEMENT PROGRAM RECIPIENT AGREEMENT
THIS AGREEMENT ENTERED this /0"1), day of N-.,-.t<< ,J,JJ1 by and
between the Collier County Community Redevelopment Agency (CRA) (Immokalee)
(hereinafter referred to as "CRA") and ('1,;11"" Co,,'~' I, 't (hereinafter referred to
as "GRANTEE").
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 CRA to
award and administer CRA programs and awards including contracts with business GRANTEES
within the boundaries of the Immokalee CRA for CRA grants; and
WHEREAS, the CRA Commercial Facade Improvement Program (hereinafter referred to
as the Fac;:ade Program) allows for the use of CRA funds, in conjunction with private
investments, for certain improvements to commercial structures located within the boundaries of
the Immokalee 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 Immokalee
Area; and
WHEREAS, GRANTEE has applied for a fac;:ade grant in the amount of ID 7 g j' dollars;
and
WHEREAS, the CRA has determined that GRANTEE meets the eligibility requirements
and was approved for a Fac;:ade Program award in the amount of {CO? n dollars on 1I11'/~7 ,
("CRA Approval"). . ,
NOW, THEREFORE, in consideration of the mutual covenants contained herein and
other valuable consideration, the parties agree as follows:
I. GRANTEE acknowledges to the CRA that GRANTEE has received a copy of the
Fac;:ade Program, that GRANTEE has read the Fac;:ade Program Policies and Procedures
document, and that GRANTEE has had ample opportunity to discuss the Fac;:ade 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 Fac;:ade Program.
GRANTEE agrees to the terms and conditions of the Fac;:ade Program attached hereto as Exhibit
A and incorporated herein by reference.
-1-
16G3
2. GRANTEE IS the record owner of property described as:
LoraNo::'
/2. e"-{.d.......Jr
3. GRANTEE has agreed to make certain improvements to the property pursuant to
the Fa<;:ade Program application submitted to the CRA dated ('/;'31 a1 attached hereto as
Exhibit B and incorporated herein by reference. . .
4. CRA has approved an award to GRANTEE in the amount of $ 10 71'7 to be
administered pursuant to the terms of this Agreement based on an estimated cost of $ '0 I i''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,
shall receive 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 marriage 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 performed
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, structural, fire, plumbing, etc.) final inspection verification
from Collier County Building Inspection Division. The CRA, 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 confirmation 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 governed and construed pursuant to the laws of the State
9. This Agreement, along with its incorporated attachments, 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-
16G4
....
representation, promise or condition, or any waiver, to this Agreement shall be binding unless in
writing and signed by a duly authorized officer of the party to be charged.
10. This Agreement is personal to GRANTEE, and may not be assigned or transferred
by GRANTEE or to GRANTEE'S respective heirs, personal representatives, successors or
assigns without the prior written consent of the CRA.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year
first written above.
GRANTEE(s):
(I)
By:
, ~
I
./' . / /1
(I;'l/t-k.dc.~(. i&~ "'-~--
/ (
/) ".~./) -.
L 1/17'1 hu;c C-:OI??Cl!e 'c.
PrintedlTyped Name
Y?fAI Icy tv/uckci
Printed/Typed Name
By:
Printed/Typed Name
ATTE:iT:i'i'." '
, -'\.. .> _', ,_f'.,
DWIOHT E. BROCK, Clerk
,,',.- ,- :.. ",''1
~~P~lL
A est .,1tc):.t:itr.. _~rk
S 1....t~. 0<<1"
COLLIER COUNTY COMMUNITY
REDEVELOPMENT AGENCY
fiy L~m
JIM OLETTA, Chairman
Approved as to form and
Ie 1 sufficiency:
ement is to be signed and witnessed AFTER eRA staff has found the application to be complete.
- 3-
EXECUTIVE SUMMARY
Agenda Item No. 16G3
November 10, 2009 I
Page 1 aT 6 G j
Request that the Collier County Redevelopment Agency approve the application and
recipient agreement for the Immokalee Community Redevelopment Agency (CRA)
Commercial Fa~ade Improvement Grant Program for reimbursement of $10,789 for
fa~ade improvements to Lozano's Restaurant located at 405 New Market Road in
Immokalee, Florida.
OBJECTIVE: 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 Immokalee, 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 Fa9ade Improvement Grant Program is to increase commercial occupancy
rates and property values within the CRA 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 CRA 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 Recipient Agreement. Back up
documentation attached to this Executive Summary includes: Applicant Commitment of
Resources Form (Exhibit C), Proof of Ownership (Exhibit D), Property Tax Payment Verification
(Exhibit 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 FY201 0 Immokalee CRA 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."
.L6>G3
Agenda Item No. 16G3
November 10, 2009
Page 2 of 23
LEGAL CONSIDERATIONS: This Executive Summary has been reviewed for legal sufficiency
and is legally sufficient for Board action. STW
ADVISORY BOARD RECOMMENDATION: During the regular January 26,2009 meeting, the
Immokalee Local Redevelopment Advisory Board approved a motion to allow the CRA
Executive Director to approve applications for the Commercial Fa<;: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 Immokalee Community Redevelopment Agency
(CRA) Commercial Fa<;:ade Improvement Grant Program for 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:
Bradley Muckel,
Project Manager
Immokalee Community Redevelopment Agency (CRA)
Page I of 1
Agenda Item No. 16G3
November 10. 2009
Page 3 of 23
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16
'Z
.'
Meeting Date:
16G3
Request that the Collier County Community Redevelopment Agency (CRA) approve the
application and recipient agreement for the lmmokalee eRA Commercial Faade
Improvement Grant Program for reimbursement of $10.789 for faade Improvements to
Lozanos Restaurant located at 405 New Market Road In Immokalee, Flonda.
11/10/200990000 AM
Item Number:
Item Summary:
Prepared By
Bradley Muckel
Project Manager
Date
BCC
Immokalee eRA
10/26/20095:18:00 PM
Approved By
OMB Coordinator
OMS Coordinator
Date
County Manager's Office
Office of Management & Budget
10/28/20094:25 PM
Approved By
Jeff K latzkow
County Attorney
Date
County Attorney
County Attorney Office
10/30/20092:32 PM
Approved By
Penny Phillippi
Immokalee, eRA
Date
BCC
County Redevelopment Agency
10/30/20093:07 PM
Approved By
Steven Williams
Assistant County Attorney
Date
Attorney's Office
Attorney's Office
10130/20093:09 PM
Approved By
Bradley Muckel
Project Manager
Date
BCC
Immokalee eRA
11/3/20099:04 AM
Approved By
Mark Isackson
Budget Analyst
Date
County Manager's Office
Office of Management & Budget
11/3/200910:13 AM
file://C:\AgendaTest\Export\138-November 10,2009\\6. CONSENT AGENDA\16G. A1RP... 11/4/2009
Agenda Item No. 16G3
November 10. 2009
Page 4 of 23
IMMOKALEE eRA
Community Re~evelopment Agency
i The pl"ce to COlli Home!
16G
Immokalee eRA I COll1nlorcj;ll F,lI;atlc liilprovement G.',lIlt Applk~llioll-~-------'
Commercial Fasad~ Gr~nt Application (Detach and submit to eRA office.)
Applicant Information
Grantee Name
Lozano's Restaurant
Grantee Address PO Box 961
Immokalee, FL 34143
Site Address
405 New Market Road
Immokalee, FL 34142
---
Day1ime Phone 239.658.9255
Alternate
Phone
E-Mail Address !2gQ!)z[lIezll@~91lli'1!otl1e!
Do you own 01' lease the property? I Own
I Occupational License No. I SEA-2 I 02252
(if applicable
Project Information
Describe the existing conditions of the site (attach additional sheets if necessary).
Cun-ently there is no sign in front of the restaurant on New Market Road.
Outline the proposed improvements in detail (attach additional sheets if necessarv).
Design and install new sign complete with electrical service for sign lights.
III IJlIlIl1'1l \'( "'\1 II~II'N (S H(O,\I AI'I'!.I( AN I:
1) <<)11(' l",lllUd/C l'.It'1I II 11m Dill ((11111 ,H'llIl" 1111' (',It II pi olu,:t. IIIL ,l lll!lllddol:-. ,'IUS 1_ h\..' II,hlIIlII1L' \1I111111.'
11'1(11),l,,-,~~~I'(ll'l~
2) BUSlIIl'",' 0,\ []('[ s: t'()P~ 01 f1l'l ''1l.llioll:\llkl'II''l'.
, .
--c-
1) Attacll two color photos of each project to be
performed.
2) Attach Property Appr"lser ID.
eRA STAFF:
Estim"ted cost of Improvements:
Maximnm grant awal'd:
$ 16,184
$ 10.789
Agenda Item NO~6~ G 3
November 10. 2009 I
Page 5 of 23
I
I
I
I
COMMERCIAL FACADE IMPROVEMENT PROGRAM RECIPIENT AGREEMENT
TIllS AGREEMENT ENTERED this _ day of
between the CoJlier County Community Redevelopment
(hereinafter referred to as "CRA") and ~^fil\l" Co!' '( "Id:
as "GRANTEE").
,_byand
Agency (CRA) (lmmokalee)
(hereinafter referred to
W IT 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 CRA to
award and administer CRA programs and awards including contracts with business GRANTEES
within the boundaries of the Immokalee CRA for CRA grants; and
WHEREAS, the CRA Commercial Facade Improvement Program (hereinafter referred to
as the Fayade Program) allows for the use of CRA funds, in conjunction with private
investments, for certain improvements to commercial structures located within the boundaries of
the lmmokalee CRA; and
WHEREAS, the intent of the Facade Program is to increase commercial occupancy rates
and property values within the CRA while revitalizing the ovcrall appearance of the lmmokalee
Area; and
WHEREAS, GRANTEE has applied for a fayade grant in the amount of 10 78'? dollars;
and
WHEREAS, the CRA has determined that GRANTEE meets the eligibility requirements
and was approved for a Fa~ade Program award in the amount of {o,/ rf 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 CRA that GRANTEE has received a copy of the
Fayade Program, that GRANTEE has read the Fayade Program Policies and Procedures
document, and that GRANTEE has had ample opportunity to discuss the Fayade Program with
GRANTEE'S counselor advisor. GRANTEE ft1l1her acknowledges to the CRA that GRANTEE
understands and agrees to abide by all of the terms and conditions of the Fayade Program.
GRANTEE agrees to the terms and conditions of the Fayade Program attached hereto as Exhibit
A and incorporated herein by reference.
-1-
-U-G3
Agenda Item No, 16G3
November 10, 2009
Page 6 of 23
2. GRANTEE is the record owner of property described as:
107rtlJo<;
/2.,,,-/....,,.),
3. GRANTEE has agreed to make certain improvements to the property pursuant to
the Fa9ade Program application submitted to the CRA dated 1'/~3/0? attached hereto as
Exhibit I3 and incorporated herein by reference. ' ,
4. CRA has approved an award to GRANTEE in the amount of $ 10 7 ~'7 to be
administered pursuant to the terms of this Agreement based on an estimated cost of $ 16' 11 '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,
shall receive compensation for labor for the construction of the improvements. An immediate
relative of GRANTEE shall include moiher, father, brother, sister, aunt, uncle and cousin or
family member by marriage 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 performed
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, structural, fire, plumbing, etc.) final inspection veriflcation
from Collier County Building Inspection Division. The CRA, 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 confirmation 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. Howcver, if GRANTEE fails to make the improvements
pursuant to the terms of ibis 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 governed and construed pursuant to the laws of the State
9. This Agreement, along with its incorporated attachments, 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~6R G 3
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 of the party to be charged.
10. This Agreement is personal to GRANTEE, and may not be assigned or transfelTed
by GRANTEE or to GRANTEE'S respective heirs, personal representatives, successors or
assigns without the prior written consent of the CRA.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year
first written above.
GRANTEE(s):
(I) L~/4JJJ
..-witness Signature
'i?'AJI,,'I Mu,kei
PrintedITyped Name
!j)
1 ~
By: (j:JA~C,.-k4.J . ~Olt-_-
(!/II!'lh/a COI7C'a.!ez:.
Printectrryped Name .
By:
Printcdffyped Name
ATTEST:
DWIGHT E. BROCK, Clerk
COLLIER COUNTY COMMUNITY
REDEVELOPMENT AGENCY
By:
, Deputy Clerk
JIM COLETTA, Chairman
Approved as to form and
legal sufficiency:
JeffKlalzkow , r-'
County Attorney ,0'S.-"'l
This Agreement is to be signed and witnessed AFrER CRA staff has found the application to be complete.
- 3-
Agenda Item No. 1{P G 3
November 10, 2009
Page 8 of 23
, fM..tQ~JIc{1lA
Community llCqe.,~lopineJltAgtJ1C'f
iThe P\.oc:e to c~jl Homd
, .
Immokalee eRA I Commercial Fagade Improvement Grant Applicatlon'
Applicant Commitment of Rcsources
I I we, C'/!dfu'J<. COJ'l?'k(e C. _, o~er(s) I tenant(s) of the
commercial property located at .LIO'5 [C1~f Ne~,M()rlei 7JJ" have the funding and all
other capability necessary to begin the site improvements listed above and have the ability to
complete all improvements within one year of the approval of the improvement grant by the CollieI'
County Community Redevelopment Agency. I I we further affiIDl that payment for all work on
approved improvements wilJ come ham accounts in my I our name(s) 01' the name(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.
Signature of Ten ant (if leased)
Date
Date
-
Signature of Ten ant (ifleased)
(if jointly leased)
J
~e~(
. 6
/0 -.:!7 3 =- 09
Date
.;;L
ature of Owner
Date
Signature of Owner
(if jointly owned)
THIS INSTRUMENT PREPI\RED BY:
PAT REGAS
AFTER RECORDING RETURN TO:
PLBKTWOOD TITLB CORPORATION
904 LIB BLVD., SUITI 106
LBDIQH ACRBS, PL 33936
16G3
2538098 OR: 2597~_r~%.1~~~
_ 1IIIfllCUL _ tl COWU ClllIll.R!lge 9 of 23
lilli/lilt tl 1I,IllllllGllf I. 1IOCI, CWl
OIlS llHM.H
IIl1I Illflf,H
DC m n."
DOC-.ll 111.54
11t..1Il Ill."
FOR OFFICIAL USE ONLY:
PARCEL H 63867120005/63867160007
hll:
I\mIIlOI Tltu
llIlD lilt 1111
\.A1SllCllllI 31111
REC
RPT'l'
INTANG
INDEX
TOTAL
$ /.s-,O'
$ 7f.JP .J~
$ ~ d,V"
$
$ //?7.J"P
THIS HORTGAGE DEED
rrc-40176-PR
State of FLORIDA
County of COLLIER
TillS IS A BALLOON MORTGAGE AND THE FINAL PAYMENT OR THE BALANCE DUE UPON
MATURITY IS $191.801.99, TOGETHER WITH ACCRUED INTEREST, IF ANY, AND ItLL
ADVANCEMENTS MADE BY THE ~IORTGAGEE
Executed tha ~ day of JULY, A.D. 1999
by
CYN'rBIA GONlIALBZ
hereinafter called the mortgagor,
to
UNIDAD, INC. A PLORIDA CORPORATION,
1213 LEE ST" IMMOKALEE. FL 34142
hereinafter called the mortgagee:
(Wherever used herein the terma llmortgagorll and llmortgagee" include
all the parties to this instrument and the heirs,
legsl representatives and assigns of individuals, and the
successors and assigns of corporations; and the term IInotell
includea all the notes herein described if more than one.)
M1tne...th, that for good and valuable considerations, and also in
consideration of the aggregate Bum named in the promissory note of the
even date herewi~h, 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, NEWMARKET SUBDIVISION. ACCORDING TO THE PLAT IN
PLAT BOOK 1. PAGES 104 AND 105. PUBLIC RECORDS OF COLLIER COlJNT'(, FLORIDA.
TBIS IS A MORTGAGB AND CANNOT BB ASSUKED, ASSIGNZD, AND/OR TRANSPBRRED
WITlI017'i' '!'lIB UPRBSS WRI'M'IN CONSENT OF TlIB HORTGA\lIlli.
To bay. 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 such 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 aaid land and will defend
the same against the lawful claims of all persons whomsoever; and that
said land iB free and clear of all encumbrances IXCBPT TAXIS POR 1999 AND
SOBSBQOBNT YBARB, SUBJBCT TO BASBMBNTS. RBaBRVATIONB. RBSTRICTIONS.
CONDITIONS, AND LIMITATIONS OP RBCORD IN THB PUBLIC RBCORDS OP
COLLI~ COUNTY, FLORIDA.
Provid.d Alway., that if said mortgagor shall pay unto said
mortgagee the certain promissory note hereinafter substantially
copied or identified. to-wit:
OR: 2597 P@.tJ_ltem NO.! ~ G 3
November 10. 2 9
Page100 3
THIS IS A BALLOON MORTGAGE AND THE FINAL PAYMENT OR THE: BALANCE: DUE UPON
MATURITY IS $191,801.99, TOGETHE:R WITH ACCRUE:D INTE:REST, IF ANY, AND ALL
ADVANCEMENTS MADE BY THE MORTGAGEE
PAOli 2 or 3
MORTGAGE NOTE
$215,000.00, CITY OF IMMOKALEE, FLORIDA JULY 23, 1999
FOR VALUE RECEIVED THE UNDERSIGNED promlses to pay to the order of UNlDAD.
INC. A FLORIDA CORPORATION, the principal sum of TWO HUNDRED FIFTEEN
THOUSAND AND Noll00 ($215,000.00) DOLLARS, together with interesc at the
rate of 10.00 per cent per annum from the date of closing until maturity,
both principal and interest being payable in Lawful Money of the Unit.ed
States, such principal Bum and interest payable in installments as follows:
Payable in 8J 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. Firat installment due and
payable on or before the 23RD day of IIUGUST, 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 intereat when due, 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 exercisB the same in the event of
subsequent default.
Payable at 1213 LEE: ST.,
IMMOKALEE, PL 34142
Isl 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
cease, 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 mortgagel 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 Buffer
no wastet impairment or deterioration of said land or the improvements
thereon at any time; to keep the buildings now or hereafter on said land
fully insul;"ed in a sum of not le8s than FULL INSURABLE VALUE in a
company or companies acceptable to the mortgagee I 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 sum of money payable by virtue
of said note and this mortgage, or either, the mortgagee may pay the same,
without waiving or affecting the option to foreclose or any other right
hereunder, and all ouch payments shall bear interest from date thereof at
the highest lawful rate then allowed by the laws of the State of Florida.
*u
OR: 2591 PGf'.~~~~N!1~3G 3
November 10. 2009
Page 11 of 23
PAllB 3 or 3
~.i~nt ot 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 l"ents received by
the Mortgagor ahall be held by Mortgagor as trustee for benefit of
Mortgagee only, to be applied to the sume secured by the Security
Instrument; (bJ Mortgagee ahall 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.
Mortgagor has 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,
Mortgagee shall not be required to enter uponr take control of or maintain
the Property before or after giving notice of breach 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 Bum 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 I 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 options under said note or this
mortgage accrued or thereafter accruing.
In Witne.. Whereof, the said mortgagor has hereunto aigned and sealed
these presents the day and year first above written.
THIS IS A BALLOON flORTGI\GE /\NO THE PINAL PAYMENT OR THE BALANCE DUE UPON
MATURITY IS $191,601,99, TOGETHER WITH ACCRUED INTEREST, IF /\NY, AND ALL
ADVANCEMENTS MADE BY THE MORTGAGEE
vered in the presence of:
~.t..; , Loa
CYN A GONZALEZ J 0
The foregoing instrument was acknowledged before me, this 07~
July, 1999 by CYNTHIA GONZALEZ, who is personally known to me or
produce acceptable identification being in the form of ---
Pi b,. LJ('("i<J.r" and who di~un rstand the body of this
instrument and did s~M~ this instrument f he own free at and deed
..\\,\~\\\~\l\~W''''//h._
#'f.a G&;~' .
~.... ,".' ~.... '\ OT Y PtrBLIC
, i~ ... 'l{;,v~~"\ s MY COIlMISSION IXPIRES I
ill..'. . "1
~\ .tCa:21>>3 "!~1
~~"""""",...,.,,,,...
~T""'4:!ff...,.~~~~~~
~"l"I.';'Q'(~.'Si~'1t\~........
~"'IIIIIIIIl\\\'('~
day of
did
FOR OFFICIAL USS ONLY:
PARCEL # 63867120005/63867160007
THIS INSTRUMBNT PREPARED BY:
PAT REGAS
AFTER RECORDING RETURN TO:
FLEETWOOD TITLE CORPORATION
904 LEE BLVD., SUITE 106,
LEHIGH ACRES, FL 33936
1663
2538097 O}r,9em~e~~. om
~ 11 omCULIICOIII ofaulU~ "
It/fill," at II :nlll HIli! I. IIOC'I, CUll
con UHf',"
ue III 11.5.
DGe".lI 15<<."
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IUIYWI mu
,.. W 11" 11"
UII. KUlIL 1191'
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COpy
CERT.
INDEX
TOTAL
~ 1t ~~ tel
$
$
$
$Js- sr:;..rtJ
PAGE 1 OF 2
THIS WARRANTY DEED
Made the a / day of ~. M. , A.D. 1999
::C~:::~P~C" A DI8~DA CORPORATION
hereinafter called the grantor,
acquiring title through instrument as recorded in O. R, Book 958,
page 1609, O. R, Book 1000, Page 1477, in the public recorda of
COLLIER County, Florida.
to CYBTHIA GORZALJ:Z
whose post office address is:
P. O. BOX 961
IMMOKALEE, FL 34142
herein called the grantee:
(wherever used herein the terms "grantor' and 'grantee' include
all the parties to this instrument and the heirs, legal
representatives and assigns of individuals, and the successors
and assigns of corporations)
WITWlSSITBI That the grantor, for and in consideration of the
sum of $10.00 and other valuable consideration, receipt whereof
is hereby acknowledged, conveys and confirms unto the grantee,
all that certain land situate in COLLIBR County, Florida, viz:
LOTS 1 AND 2, BLOCK 55, NEWMARKET SUBDIVISION, ACCORDING TO
THE PLAT THEREOF IN PLAT BOOK 1, PAGES 104 AND 105, PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA.
THIS IS A COMMERCIAL PROPERTY
_.."-j.......",;._'~".,~.........,,....,"'", . .
PAGB 2 or 2
ol.~li3
Agenda Item No, 16G3
flU OR: 2597NP'G'$~~!
TOGBTHBR with all the tenements, hereditaments and appurtenances
thereto belonging or in anywise appertaining.
TO HAVB 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
Baid 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 records of
COLLIER County, Florida.
IN WXTNBSS WBBRIOr, the said grantor has signed and sealed these
presents the day and year first above written.
The foregoHi strument 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 Ft. pt., . and who did
understa d the body of this instrument and did sign this
instrume 0 their own fr EI act and deed.
~,\\\mlllfi"II"1
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Signed, sealed and delivered
2!2 ~/1t ~
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WITNESS / ..
WITNESS (TWO SEPARATE TNESSES
REQU.I~~
/1.4: 1C'14 d, Kr6?f.f
PRINTED NAME OF WITNESS
STATE OF FLORIDA
ll~ires :
PRINTED NAME OF NOTARY PUBLIC
.-' ,~""..-_.,~".:""....'-~.
..~I.-
in our presence:
UNIDAD. INC., A DISSOLVED FLORIDA
CORPORATION OJ
BY: '-111~~/:J~ L8
MARY ANN ARCIA, PRESIDENT
BY, ~~ LS
NORA AY ,VICBPRESIDENT
1213 LEE ST.
I~mOKALEE, FL 33934
COUNTY OF COLLIER
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November 10, 2009
Page 14 of 23
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November 10. 2009
Page 15 of 23
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10/23/2009 15:28 2396578365 FRONT DESK
Account History for: 5592695 . LOZANOS SPORTS BAR & MEXI
Cl-tb~
n;:'1onllne ACCl!$S k).;.. Rate Premium Finance Corporation. Inc.
~ (iOO&"fiUlr(l(\l14Iffl;riIklY.IJct..~J.'.,:!1\(IIJ
Aa:ount Inquiry
IYm.lLOZANOS SPORTS eAR. &. MEXI A....unt Number 5592695
Add..... PO BOX 961 ~ CUrrent
IMMOKAlEE, fl34143- Date Due 11/19/2009
Scheduled 1 056 26
Pavment' .
Past DIHl f fees
Pavment Due 1.056.26
"'lance 2,112.52
'-va" Amount
Agenda If@fjfN&.I{&e;3
N~tleofl41, 2009
Page 16 of 23
(OOOA 1 6 G 3
I!ltluI.lI (000)
&ulnl 8RUCE HENDRY INSURANCE - 18544
. (239) 657-3614
711 W MAIN Sf
IMMOI<ALEE, fl 34142
Premiums Down Pmt O/aDown
10,292.00 1,545.00 15.01
AmtFln ~ HIlII;I ~
8,777.60 728.54 9 19.50
~ ~ Balance
10,292.00 10,292.00
1,545.00 8,747.00
30.60 8,777,80
728.54 9,506.3'l
9,506,34
52.81 9,559.15
-1,056.26 B,502.89
8,502.89
1,109.07 7,393.82
7,393.82
1,056.26 6,337.56
6,337.56
1,056.26 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
I!M!l De_IDtion
M/1312009 Beginning Balance
04/13/2009 Down Payment
04/1312009 DOC Stamp Fee
04/B/2009 Finan"" Charge
04114/2009 8U1lng 5tatemen~
04126/2009 Late Cherge
04128/2009 pmt Adjust
05/03/2009 8i11lng Statement
05/19/2009 Payment
06103/2009 Billing Stat~menl
06/1512009 Payment
07/01/2009 81111ng Statement
07/10/2009 Payment
08103/2009 '8i1llng Statement
08/21/2009 Payment
09/03/2009 8i11ing Statement
09/11/2009 Payment
10/0112009 Billing Statement
10/09/2009 Payment
'.
https://www.primerateonline.nellwebappslacClhist.pgm7company=000 I&Slate=FL&acco...
10/23/2009
16G3
Agenda Ilem No, 16G3
November 10, 2009
Page 17 of 23
3661 MercSJltile Ave.
Naples. FL 34104
Accounting: 239-643-1777 x 202
FAX; 239-643-2499
accountillg@Signcmftofnaples.com
Invoice
Dale
Invoice #
10/20/09
30728kc0714
Bill To Ship To
Lozano's Mexican Restaw'RD t same address as billing
405 New Markel Road
Inunokalee, FL 34143
Ordered By Phone
Sandy 658-9255
P.O. No. Terms Due Dale 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
I. - -.
Agenda Item lQ6li 3
November 10, 2009
Page 18 of 23
Lee Designs LLC
3300 Palm Ave
)<'ort Myers, Florida 33901
(239) 27S-4245/Fax (239) 278-3912
LIC# EL00174L
LICN ET0000715
Contl'flct ~I'eemellt
Project Name:
Lozanos
Project Address:
405 New Market Rd.
Signing of this documeut constitutes a legal and binding contract between parties named on this agreement.
Goods sold remnhlthe property of the seller until paid in full.
No warranties will be bonored while balance is unpaid.
Total Contract Amount: $ 15,500.00 (plus tax)
50% Deposit:
$ 7,750.00
./ Soeclficntlons .I
Fabrication: Fabricate and install12'h pole sign. Sign copy is 80 sq. ft. Sign to have pan face with
.vinyl graphic and two lines of Changeable Copy. Sign to be IIluminnted, Price to include hook up of sign.
Customer to be responsible for Electric to be at sito.
PRICE INCLUDES DESIGN, ENGINEERING, PERMITS, FABRICATION AND
INSTALLATION I
TERMS AND CONDITIONS:
1. PAYMENT SCHEDULE: 50% deposit required with contract and to start W()ck. Balance of contract is due UpOIl contpletiQo of
work.
2. 1l1is proposal is made for specinUy constructed equipment and when accepted is not subject to cancellations.
3. The Seiter agrees to secure all necessary governmental penuits anru'or all necessary pennits from the building owner whose
pennis!lion is required for tho installation of Ibis display and he assumes all liability with regard 10 same and liability, public and
otherwise, for damages caused by tbe display or by reason of it being 011 or attached to the premises. Buyer agrees to se(lure all
necessary pennission for use of all registered trademarks or C()py~rlgbts uscU on the display.
4. All necessary electrical Wiring, outlets and connections to the display from the building meter and/or fuse panel will be properly
fused and installed at the expense ofilie Buyer.
S. INSTAlLATION PRICES QUOTED ARE SUBJECT TO REVISION WHERE EXCESS ROCK OR OTHER
UNFORESEEABLE FOUNDA nON CONDlTlONS AIm ENCOUNTEREO.
6. Seller will not be responsibJe for delays In shipments caused by delays created by supplies or transportation services or by labor
disputes or due to any other cucumstances beyond its control.
7. Title to all materials and property covered by this oontact sllall remain in Seller's !lame and shall not be deemed to constitute a
part of Ule realty in which it may be llttached unlit tho purchase price is paid in full. Seller is give1l an express security interest
in said material and property both erccted and unelected notwithstanding the manner in which such personal properly shall be
annexed or attached to lhc realty. In the event ofdefilult by BUYER. including. but not limited to, pl'lyment of any amounts due
and payable, Seller may at once (mid without p!Ocess of law) take possession or and rentove as and when it sees fit IUld wherever
found, all materials used or intended for use in the construction of said equipment and any wld all property called for in Utis
contract willlout being deemed guilty of trespass.
l~ i' '"2
Agenda Item No: 1~b3J .,,'}
November 10. 2009
Page 19 of 23
8. If the balance of Ule agreement js not paid within 30 days of completion th" above menlloned warranty will be "VOid,
9. When this contract is being signed by a duly authorized. person of each party, all provisions contained heUlin becomo integraJ of
lhis contnK:t and there is 110 other agreement or 1lndcrstanding Q( any nature concerning same unless such agreement or
understanding, if any is specifically incorporated herein.
10. SI10UJd Buyer filii to perronn any temls of this agreement. and should Seller be obligated to employ an attorney to enforce
performance or collection thereof. reasonable attorney fees and costs of collection shalt be added to the balanco due thereon.
t J.. Jobs completed on schedule, but not able to be shipped and/or installed due to delays caused by the customer will be Invoiced
(e"cel)1 shipping and inslallatlon)on scJ1edule and demurrage charges will be incurred.
12. Lee Designs LtC will not be liable for any delays in job completl{Jn caused by Ihe customer, its subcontractors, acts of God, or
inaccessibility \0 the job site.
WARRANTIES:
Workmanship: All signs 01' fIxllU"es fabricated and installed by Lee Designs LLC are warranted
against defects in material and workmanship for one year, parts and labor.
Materials: An electrical materials used shan be covered by manufacturer's warranty for up to one
year, excluding labor.
Insurance: Lee Designs LLC provides liability Insurance coverage for all work performed 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 has executed this contract as of
2009.
Lee Designs, LLC
By:
By:
Title:
Title:
00 20 09 03:32p
Jackie Williams
~57-3531
p,l
Agenda Item No. 16G3
November 10, 2009
Page 20 of 23
~..
JACKIE WILLIAMS
611 Lake Shore Drive
IMMOKALEE, Fl34142
PROPOSAL
479
(239) 651-32P3
FAX (239) 651.3531
1663
I ::~I?nnq
PH>tE
TO: Lozano's Restaurant
Jerome St:teet
Ifl1Itl.okalee Fl. 34142
..106twlEJLtlCATlCN
JOONl.U3EA
_......,...........,~_~..~,II'iR'I..:,~......~IIIlIIl..I1lI9I...
IJOO-
>
Labo~ and material to instal~ {I) 60 an~ service pole and COnnect electrical wiring from
service pole to sign. Sign will he working electrical:y after passed inspection and power
serviced by LCEC.
~~ Cost of electric permit to be determined by Collier County and paid fo~ by owner.
WE PROPOSE hereby to fumlsh mill""" and "bO'-c:anpl""" .<<0<<10....._ the.b<Ne __..... "'... "'" ot.
E;i.qht 3:un::::lred Thirtv F!\.e and 00/:00 Dollars dollars ($
PaymlIotto be 11llldit;)$ follow!:
835.CO ).
AI",a.loriiiIhguaJal'lllMdtobGas~.AlI~lobe~InQ~
mannet'~1O~~Aryahldon(l(r;Ie.Uionfrcmab0.9apec;~4
io:MJMo1J 9dIa casas v.. bel \'DCOOJ1ed ody upon wdlet\ older!. and 'NIl bewmo an utta
ehatge1;MN mebrMl hasrmat..N. ~~t.VA1 &tfN.. ~ or
~bItp'lCIOUl'OCI'\trolOwnwIoQlIlytlD, bmIM, Wld~~~().r
~lWfldyCll'oOlrwdb1WoIlef&~~
=-~ gv-A-uJr/f~
Nole: This proposal may be:
Mthdmwn by us If not accepWd wllltln
days.
ACCEPTANCE OF PROPOSAL-The.bow",-
I
-
"'" . MIIU !I~
BUlhorlmdtodo the WDritasspecilll!d f'aoJmori wllbeoll'lfld$ ~ outfl'lBd 1Ibave.
Dole.. Acc<plance,
-
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Kt.lln~lQfll~71IWG""II)NB.OH. -.wTl!Dtlu.s" 8
.
Oc I. 11. 2009 I: 24PM
coil j ere I e c 0 f fort mye r s
No. O>>JJenda'Jteln No. 16G3
November 10, 2009
Pane ?1 nf ?~
1(,63
~
COLLIER
ELECTRIC
OF I'T MYI!RS
UCJ-1
Collier Electric Company
of Ft. Myers, Inc.
J
6200 METRO PLANTATION RD.
PHONE: (239) 275-7888
FORT MYERS, FLORIDA 33966
FAX: (239) 275-0612
PROPOSAL
Date: October 7, 2009
Project:
Lozano's Restaurant
405 East NewMarket Road
lmmokalee, FI34143
Phone: (239)658-9255
Fax: (239)658-2888
Division:
Electrical
Attn:
Dani Gonzalez
Mr. GOll2alez:
Submitted herewith is our request for electrical work on the above referenced project. All work is
included as per the following detail:
I. Labor and materials to install (1) 60 amp service pole and connecl electrical wiring from
service pole to sign. Sign will he working electrically after passed inspection and power
serviced by LCEC.
2. Cost of electrical pemlit to be determined by Collier County and \laid for by owner.
Tota/Installation: $1994.00
=====
ACl:epted:
Date:
Payment Terms; ^"cptable credit application or 50% It commence of work and balance paid in !uUto 1<<hnicllln at comp!chon of
servie<, IftimB and malerial. charges ac{;rual every Iwo days, whichever comes ftrSI
A S30.oo Selvice chrnle-will applied kl all.etumed checks. AU AC(i(lunls lurn in to collectjon will be tiUbjtet to legal and filhng fees plus
monthly inlerest of 1.5%.
.~:Tn~,~~~
1tan D. Martin
Good For 30 Days
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