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Agenda 12/15/2009 Item #16G 6 I ~- - December 15, 2009 Page 1 of 60 EXECUTIVE SUMMARY Request that the Collier County Redevelopment Agency approve the application and recipient agreement for the Immokalee Community Redevelopment Agency (CRA) Commercial Faltade Improvement Grant Program for reimbursement of $20,000 for fa9ade Improvements to Little Caesar's Pizza located at 525 North 15th Street In Immokalee, Florida. OBJECTIVE: To approve the Commercial Fa9ade Grant Application and Agreement between the Collier County CRA and Vice, LLC DBA Little Caesar's Pizza in the amount of $20,000 for improvements to their leased commercial property located at 525 North 15th Street 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 Fa9ade 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 (y.)-to-1 match with equal applicant funding for fa9ade improvements to commercial structures. Vise, LLC has met all the criteria for reimbursement as required by the application process approved by the CRA and the BCC for fa9ade improvements to their leased commercial property located at 525 North 15th Street 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), Owner Authorization Form (Exhibit D), Proof of Ownership with Lease Agreement (Exhibit E), Property Tax Payment Verification (Exhibit F), Proof of Property Insurance (Exhibit G), Contractor Bids (Exhibit H), Conceptual Rendering (Exhibit I), and Photos of Existing Conditions (Exhibit J), FISCAL IMPACT: Sufficient budget exists within the FY2010 Immokalee eRA Trust Fund (186) to satisfy this new grant application. This far,:ade grant project total Is $61,500 and the grant request is $20,000. CONSISTENCY WITH GROWTH MANAGEMENT PLAN: The Immokalee Commercial Fa9ade 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 Polley 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 . .. Ag.endaJ1em No.. December 15, 2009 Page 2 of 60 are coordination of land uses and transportation planning, redevelopment or renewal of blighted areas, and the promotion of economic development." 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 Fa9ade 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 Fa9ade Improvement Grant Program for reimbursement of $20,000 to Vice, LLC for improvements to their leased commercial property located at 525 North 15th Street in Immokalee, Florida. PREPARED BY: Bradley Muckel, Project Manager Immokalee Community Redevelopment Agency (eRA) ",". Item Number: Item Summary: Meeting Date: Agenda Item No. 1686 December 15, 2009 Page 3 of 60 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16G6 Request that the Collier County Redevelopment Agency approve the application and recipient agreement for the Immokalee Community Redevelopment Agency (CRA) Commercial Facade Improvement Grant Program for reimbursement of $20.000 for facade improvements to Little Caesars Pizza located at 525 North 15th Street in Immokalee. Florida. 12/15/20099:00:00 AM Prepared By Bradley Muckel Immokalee County Redevelopment Agency Project Manager Immokalee County Redevelopment Agency Date 12/7/20098:24:19 AM Approved By Penny Phillippi Immokalee County Redevelopment Agency Executive Director. Immokalee eRA Immokalee County Redevelopment Agency Date 12/7/20093:38 PM Approved By OMS Coordinator County Manager's Office Date Office of Management & Budget 12/8/20099:26 AM Approved By Jeff Klatzkow County Attorney Date Approved By 12/8/200911:51 AM Mark Isackson Office of Management & Budget ManagemenUBudget Analyst, Senior Date Office of Management & Budget 12/8/2009 1: 52 PM Immokalee eRA I r:OJ1HHOITi<ll Fat;C'ldo IIllIHOVClilOll{ Gr[lnl Application Agenda Item No. 16G6 IMMOKIQ..@rQJAA15. 2009 Community ReqevelopmJlR9oi#~fO i The plqcdo C411 Home! Commercial Fal;ade Grant Application (Detach and submit to CRA office.) Applicant Information Grantee Name Vice, LLC DBA Little Caesar's Pizza Grantee Address 8327 Lalll'al Lakes Blvd. Naples, FL 34119 Site Address 525 l.Su,- Street North Immokalee, FL 34] 42 Daytime Phone 239.200.3511 Alternate Phone 239.455.9555 E-Mail AddressVelez.henao@gmail.com Do you own or lease the propelty? I Lease -TOccupational License No. I I (ifaoolicable) Project Information Describe the existing conditions of the site (at:!a()h additional sheets if necessary). Currently the building is vacant, unattractive and abandoned looking. It has historically been used by various fast-food establishments and is located on lnunokalee's main arterial roadway, SR29. Vice LLC has entered into a 5-year lease agreement with the owner to do extensive interior and exterior improvements to the stmcture and to operate as a Little Caesars Pizzeria. ---- -.---.-- ----. Outline the proposed improvcmel1ts in dctail (attach additional sheets if necessary). -~ Demolish and reconfigure parking area, brick paver walkways, landscaping/irrigation/sod, new windows, new doors, exterior painting, new 3' parapet wall, parking bollards, new sign complete with electrical. RI:QI1IHEO ATTACII~IENTS FROM AI'I'I.ICANT: I) 011(.' l'stimall' l'acb fl 011I T\\'O ""01111 <tl'ttll "i IUI cadi III (lILTl. I hl'....l. lOlltl ,!elm s i\llIS') Ill' listed in the online (1<11;11)<lsc~ 2) Busilll'\" ()" IIl'l s: t'llp~ of Ul'l'lIfMtinl1:lllit'l'IlSl'. eRA STAFF: 1) Attach two color photos of each project to be performed. 2) Attaeh Propcrty Appraiser !D. Estimated cost of improvements: Maximnlll grant award: $ 61,500 $ 20,000 Agenda Item No. 16G6 December 15, 2009 Page 5 of 60 COMMERCIAL FACADE IMPROVEMENT PROGRAM RECIPIENT AGREEMENT THIS AGREEMENT ENTERED this _ day of , _ by and between the Collier County Community Redevelopment Agency (CRA) (lmmokalee) (hereinafter referred to as "CRA") and Vice. LLC DBA Lillie Caesars (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 Fa9ade Program) allows for the use of CRA funds, in conjunction with private investments, for certain improvements to commercial structures located within the boundarics of the Immokalee CRA; and WHEREAS, the intent of the Facade Program is to increase commercial occupancy rates and propel1y valucs within the CRA while revitalizing the overall appearance of the Immokalee Area; and WHEREAS, GRANTEE has applied for a fa9ade grant in the amount of 20.000 dollars; and WHEREAS, the CRA has determined that GRANTEE meets the eligibility reqnirements and was approved for a Fa9ade Program award in the amount of 20.000 dollars on ("CRA Approval"). NOW, THEREFORE, in eonsidcration of the mutual covenants contained herein and other valuable consideration, the patties agrec as follows: I. GRANTEE acknowledges to the CRA that GRANTEE has received a copy of the Fa9ade Program, that GRANTEE has read the Fa9ade Program Policies and Procedures document, and that GRANTEE has had ample opportunity to discuss the Fa9ade Program with GRANTEE'S counselor advisor. GRANTEE ftll'ther acknowledgcs 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 rcference. 2. GRANTEE is the legal tenant of the record owner of property described as: 525 Notth 15th Street. Immokalee. FL. Folio #75211880002. Strap #647200 7 41E32. Legal Description: the South 190.75' of the East 180' of Block 7. Snnny Acres. Plat Book 3. Pagc 3. Public Records ofCollicr County Florida. -1- Agenda Item No. 16G6 December 15, 2009 Page 6 of 60 3. GRANTEE has agreed to make certain improvements to the propmiy pursuant to the Fayade Program application submitted to the CRA dated December 1, 2009 attached hereto as Exhibit A and incorporated hcrcin by refel'ence. 4. CRA has approved an nward to GRANTEE in the amount of $ 20,000 to be administered pursuant to the terms of this Agreement based on all estimated east of $ 61.500 . 5. Unless prim disclosure is included in the grant application, no GRANTEE, or any immediate rclativc of GRANTEE, shall serve as a contractor or subcontractor for the construction of the improvemcnts and uo GRANTEE or any immediate relative of GRANTEE, shall receivc compensation for labor for the construction of the improvcments. An immediate relative of GRANTEE shall include mothcr, father, brother, sister, aunt, unclc and cousin or family member by marriage to include mother-ilt-Iaw, father-in-law, brother-in-law and sistcr-in- law. GRANTEE has verified that all contractors who have provided bids for the approved work are activcly licensed by Collicr County and GRANTEE agrees that all labor will be performed ol1ly by the lowcst bidding contractor. 6. GRANTEE agrees to obtain all necessary permits and submit any required plans to thc Collier County Community Development and EnvirolUllcntal Services Division. Upon completion of the work, GRANTEE shall submit a closeout package to thc CRA which will include all applicabIc (electrical, structural, firc, plumbing, etc.) flnal inspection verification from Collier County Building Inspection Division. The eRA, through its staff, shall confirm that thc improvements were constructed pursuant to the terms of this agreement approved by the CRA and shall creatc a final report to include digital color photographs of thc project before and after complction. 7. Within forty-five (45) days after conflrmation that the improvements were constructcd plll'suant 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 thc improvements pursuant (0 the terms of this agreement, including construction start within 90 days of execution ofthc grant agreement and completion within 12 months of the cxecution oflhe grant agreement, the award shall be deemed revoked and GRANTEE shall be entitled to no fundi:tg. 8. of Florida. This Agrcement shall be governed and construed pursuant to the laws of thc State 9. This Agreement, along with its incorporated attaclullents, contains thc entire agreement of thc parties and their representatives and agcnts, and incorporatcs all prior understandings, whether oral or written. No change, modification or amendment, or any rcpresentation, promise or condition, or any waivcr, to this Agreement shall be binding unless in writing and signed by a duly authorized officer of the porI)' to bc chorged. - 2 - Agenda Item No. 16G6 December 15. 2009 Page 7 of 60 10. This Agreement is personal to GRANTEE, and may not be assigned or transfen'ed by GRANTEE or to GRANTEE'S respective heirs, personal representatives, successors or assigns without the prior written consent of the CRA. rN WITNESS WHEREOF, the parties have executed this Agreement on the date and year first written above. GRANTEE(s): (I) . - Wihless ~;gnature ., ; ~ By: \. Bradlev MuckeI PrintedfTyped Name I Luis Velez PrilltedfTyped Name President of Vice, LLC DBA Little Caesars ;' (2) .. , Witness Signature , ,// Penny Phillippi Printedffyped Name ATTEST: DWIGHT E. BROCK, Clerk COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY By: JIM COLETTA, Chairman , Deputy Clerk Approved as to form and legal sufficiency: it--. - 7. \.-!~ JvIT KltlILk.UW S~ ~ u~.... T.l-.J:! 1 :G.-.r '\.5S~ County Attorney This Ag,'eement is to be signed and witnessed AFTER eRA staff has fonud the application to be comptete, -3 - Agenda Item No. 15G5 December 15. 2009 Page 8 of 50 IMMOJ<ALEE eRA Community Re.iadOJmlentAgerKy irhe ~toClll Horod Immokalee eRA I Commercial Fa({ade Improvement Grant Application Applicant Commitment of Resources 1/ we, Luis Velez, president of VISE, LLC acting as a tenaut of the commercial property located at 525 J 5'h Street N, Immokalee, FI, 34142, have the funding and alI 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 Collier County Community Redevelopment Agency. I / we further affirm that payment for alI work on approved improvements will come from accounts in my / our name(s) or the name(s) of entities registered in the State of Florida which I / we have incorporatcd or otherwise registered with the state (verification is required). Payment for improvements by C ication is grounds for disqualification. from persons or entities not a party to this Grant \ \ _ 02. U. _ at Date Signature of Ten ant (if leased) (if jointly leased) Date Signature of Owner Date Signature of Owner (if jointly owned) Date Agenda Item No. 1686 December 15, 2009 Page 9 of 60 EXHIBIT D Authorization Form (To be submitted with Commercial Fayade Improvement Grant application if applicant is the tenant of leased space receiving improvements) JJ~, Sft=,vJf\./:. t 0NNMD'7.ev4?WI1er of the property loc~t~q at 52 r; JIlt'Ll h /~.I1., <:''flltel=r".ZJI1J11dl<flUC; j,,cL. 3/fN2-;-(Jnderstand that V 1.$ c:.. -' L I- C..... , who has a valia lease for the above property for at least ONE year beyond this date, and authorize said tenant to complete the site improvements listed under Section IV "Project Summary" of the Immokalee CRA Commercial Fayade Improvement Program Application and request funds from the Collier County Community Redevelopment Agency (CRA). (AI ?ititvp1i~~ Signature of Owrler 'm.v,{ +e ,dI'oV. let, ?CJo'l Da1e Signature of Owner (if jointly owned) Date Signature of Owner (if jointly owned) Date State of: (::(".0(<'. i pA County of: C 0 \ \ i e t:.. The foregoing Owner Auth~rizatiQn Form was eX,ecuted before me this /~ day of /i)ove,"/'efL- _,2067, by ~V. _~-hfvJ,lft1..t C<J/Jrj/hCP owner Ofpl.'operty located at 52:; . /5 rh Jl1Ca.f XlT1/1101'..1nGE Fl. :], / ~ Z-, who has pl'Oduced (..o(L;1>/\ ])t;vt',u /...;'({"J,I! as pl'Oof of identity. Affix notary seal: '\ Notary Public (signature): d{)(1~ ~J---' Printname:E/LPlA. c-- \2 \A VJ...JL- Commission number: /7 n "if,? g U . My Commission expires: / 'f-~ ?- ) e ,-"ullt'at", ~~,1.' ~ C IT "i,~ ~~\,,'v~;';"f"A"'" .u..<{::#. h v .~'u 'T'!, ,..- ~ {II .. ,-- r ". ~ ~ . . ~ I : My Comm, ExplrGS ~ ~ a : Docombar",2012: F. i ~ DD33~211 : ~ ~ . . 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Circle fti.OS N~lct, FL34IOS (WhereVer ti.~d hetel.n lhe turns" n rcpl'C!Cnlntivts Aud wigm ofindi td Wll1'I~, = th, () tQGETlfflR with "U tbe t~nement~. hCrW(~\'tlentt find appurtet111tteet thereto belonglnlt. at ltl anyv..~lie 3ppab;ining. TO IlA vt ANll TO HOLll, ih< .'mo I, r" slmplo C.""", ANO the erantor hereby CO\'tmntS with ~Id gnmtee iMt ll1e grontor 1$ tswfully 4eizzd ofsaid lIInd hi fee l!ilmple: thllt the gratltol' tw good right and lawftJl IUthoritt 10 ull and tonvty Qld IftOOi tb2t lhl! JPYl101' hm&y tully wamnt!' the title 10 yid l..and alld will def'Md the a.amc agtitut tho lawful clftlJw oh1t plltAon.'l. Mom.'OtlVCr; Ind that gid l:lnd I!!, Ifee or III ~neum~i'ancel, OltCCpt ta);~1 BccTUmS lub'oquc::nl t(l D<<l!mb!!r 31, ~004. Ind l!.Ilements~ resttlctlOM OM rl:$'erv<\tiClM of recor6. :md o,!.\tlmonU I\nd )'C.'Itr1etiom common to the M1bdlvJ5lon, .'., 11/25/2009 02:10 0000000000 L+Ll ~;TJPW Agenda Item~E16~02 December 15, 2009 Page 11 of 60. *** OR: 3872 PG: 2307 *** " Deed Coo', Ill""k 7, lluMy ^er.. IN WI't'NtSS WllERF.ot. Ihe .114 llI'III101 bu .1iM4 end ...Iod th." pro..... Ibo day .od year finl .bov. wd_ \J.'SC.z () ,'. Sl'AmOPFlorid. COUNTY Of Coli;" MY Collllhilllool!xpl... .1'''' C1!Cl\I\: (SEAL) Ilolvr"''''' '. "UYOo_fiikJI :'ot: i:9rtvM11M1 (detd) " B..." B'H...... .0 .-<..0 , l' C<Y- IUITUllNTOf1ll!PARER, HE Cn~? 11>IJ IMInImCliI p..,.,..s by J..... D. Vop~ llaq" -~ MlbwtST TtTLI! OUAllANTft COMPANY OF JIl,OlIIDA,LLC 3935 N.. T.millltl TtIll. N;plCl.1'L34103, (219)262.1163, io ""nJwH.o with tho Ill."'" .1I~1e {",,,,,,..., 11/24/2009 22:11 0000000000 11/24/20~9 22:4B 3017659949 L+Ll E; T JPW Agenda Iterrf~(jE16f3if02 DecemAlij;J5 91)09 P'a'Q'tf12 ui' 60 S'lEWART CCNo/ARD LEASE ASSIGNMENT Whtlre as Velez Henao, .me. L eSS'~1: dcsUa to a98ign the Lease dated 14th of June 2009 fur the prenrises ~ as .525 NOItb 15Th Stteet, Immokalee, FL to VIlIe, LLC anuIher ~ uwned by Luis Velez 8l1d.his wife CJ~ Henao and Ibc W. 81cwal Cormard Trust, Lessor. agreeable to said Lease Assi~l OIl the following Wlms: I. VdezH~ Ine.., Luis Veletand~ l~ shaU teMaidjoindy and "'.......11 liable fur ~I/_/~ of all the Lease terms without limitation. indudiog all Lease l~s.. 2. An otbcnerms and oonditions oftbe Lease dated 14Th of June 2009 sbaU remain in full fbn:e and effi:cL IN WITNESS WHRREOF~ 1be.-ti-: ha~ have signed and sealed this Lease Assil;llldcot as oflhis 17Th Day ofN....~uber 2009. JJ~~ By: W. S 'Connard. T~ the W. Stewart Connatd Trost . Vclez, individually By: w Ve m; President Velez Hmao. Inc. ~ f- /I U<!~<J - H~ individually ,- .Iez. Managing member Vise, LLC Agenda Item No, 1686 December 15, 2009 , P~ge: 3 of 60 TRIPLE NET LEASE AGREEMENT This Lease made as ofthis 14 Th day of June, 2009 between W. STEWART CONNARD TRUST, , UIA 6.21.04 whose address is CIO W. Stewart Connard, 800 L' Ambiance Circle, #205, Naples, FL 34108, (herein after Lessor) and Luis Velez & Claudia Henao, husband & wife and Velez Henao,Inc., LLC , jointly and severally (herein after Lessees) whose' address is 8327 Laurel Lakes Blvd., Naples, FL ". This lease is subject to the terms,"covenants and conditions herein set forth and Lessees covenant, as a material part ofthe consideration for this Lease, to keep and perform each and all of said terms, covenants and conditions. 1.0 PREMISES: Lessor hereby leases to Lessees the premises known as 525 North 15 Th Street, Immokalee, FL 34142 . (Also known as Collier County,FL Tax Parcel ID No. /75211880002) . 2.0 OCCUPANCY: 2.1 LEASE TERM: The term of the Lease shall be for an initial term of five (5) years and shall commence on June 15, 2009 (Commencement Date) and shall expire on June 14,2014. 2.2 OPTION TO RENEW: Lessees shall have I one (1) five year option to renew the lease until June 14, 2019. Any option to renew this Lease shall be exercised in writing by Lessee by giving notice to Lessor on or before six (6) mon.ths before the expiration of the current term. For example, exercise of this five (5) year option to renew must be given to Lessor on or before December 15, 2013. \ o{- 13 Agenda Item No. 1686 December 15, 2009 Page 14 of 60 2.3 LEASE CONTINGENT: Lease is contingent on Collier County approval of Lessee's building renovation plans, including the addition of an attached walk in freezer to the building (north side). Written plans must be submitted to Collier County by the Lessee on or before July 15, 2009. If written approval is not received from Collier County on or before August 15, 2009 Lessees at their option may cancel the Lease and this Lease will be null and void. However, as liquidated damages to the Lessor for keeping the property available Lessee shall forfeit $1,000 ofit's deposit. 2.4 ACCEPTANCE OF PREMISES: Lessees acknowledge ,. they have fully inspected the premises and accept the premises in it's present "As Is" condition. However, Lessor will be responsible for seeing that the central AC unit is in clean working condition and outside lighting is in working order after the electricity is turned back on by Lessee. 2.5 QUIET ENJOYMENT: Upon Lessee's paying the rent reserved hereunder and observing and performing all of the covenants, conditions and provisions on Lessee's part to be observed and performed hereunder, Lessees shall have quiet enjoyment of Premises for the entire term hereof. Upon the termination of this Lease or of the option to renew, the Lessee will at once surrender possession of the demised Premises to the Lessor and remove all Lessee's effects and personal ' property. It is further agreed and understood that all modifications to the real property I building including the attached exterior walk in freezer shall remain and be part of the real property. 3.0 USE: Lessees shall use and occupy the Premises for the 2 o( \ B Agenda Item No, 1686 December 15, 2009 Page 15 of 60 purpose of a fast food restaurant and carry out. 4.0 RENT: Lessees shall pay to Lessor in lawful United States currency without notice, demand, deduction or set;.off whatsoever the following monthly rentals, together with any sales, use or other taxes assessed thereon for the use and occupancy of the Premises. 4.1 RENTAL PAYMENTS: For the initial five year lease term the monthly base rent shall be twenty two-hundred dollars ($2,200), Dlus six (6) per cent sales tax of ($132.00)for an initial total monthly payment of $2,332.00 made payable to W. Stewart Connatd Trust, and delivered to Bank of America, Rt. 29, Immokalee, FL Branch (or any other Florida Branch of Bank of America) marked (printed) W. Stewart Connard Trust, for Deposit Only, Account Number 229009 10338 1 on the fifteenth day Q,f each month. The date received by bank shall be conclusive evidence of the rent payment date. However, for the initial two months (June 15 thru August 14, 2009) no rent shall be charged. In addition, for third month (August 15 to September 14,2009) halfrent of$1,100, plus 6% Florida sales tax ($66) only will be charged. Full rent will be due and payable effective September 15, 2009 on. 4.2 ANNUAL INCREASE IN BASE RENT: On each lease anniversary date (including renewal of lease under any option to extend) commencing on June 15, 2012 the monthly base rent' payment shall be increased by four (4 %) per cent per year. For example, on June 15, 2012 the monthly base rent shall be increased by eighty-eight dollars ($88.00) to twenty two . hundred and eight eight dollar ($2,288.00) plus applicable : Florida sales tax. Only during this initial two year period will the annual increase be waived. 3 6f I B Agenda Item No. 1686 December 15, 2009 Page 16 of60 , 4.3 APPLICATION OF PAYMENTS FROM LESSEES: Lessor shall apply payments from Lessees in tbe following order: First toward interest charges accrued against Lessee's account, Second, toward late fees or legal expenses incurred by Lessor or additional expenses, including sales or use taxes imposed; aud finally toward rent owed. 4.4 SECURITY DEPOSIT: Lessees shall deposit a security . deposit witb Lessor in tbe amount of four thousand dollars ($4,000), witbout interest. The security deposit shall not be used to pay the last month's rent. 4.5 MAINTENANCE, UTILITIES, INSURANCE AND OPERATING EXPENSE ARE SOLELY RESPONSIBILITY OF LESSES: A). Lessees shall promptly pay all costs of maintenance, utilities, property taxes, insurance and other operating expenses as required and pay promptly (within the applicable grace period before imposition of any late fees or penalties) when due directly to tbe third party provider, including but not limited to all utilities, electric, water & sewer, propane gas, trash collection, lawn and shrub maintenance. B). However, Lessor shall be responsible for any structural . repairs to the foundation (building concrete slab) and the roof of the demised Premises, provided Lessee keeps the roof clean of debris and the rain down spouts clean and functioning, further, Lessee as part of normal preventive maintenance shall also see tbat the roof is recoated periodically. 4.6 PROPERTY TAX REIMBURSEMENT: Property taxes (currently approximately $3,300 per year) will be paid by Lessor to Collier County, FL each calendar year in November at the 4 % discounted rate. However, Lessee sball reimburse Lessor 1/12 of the prior year property taxes ($275) each month, plus six percent Florida sales tax to reimburse Lessor for the 4 of 18 Agenda Item No, 1686 December 15, 2009 Page 17 of 60 annual property tax. Any over charge shall be refunded or additional payment be made by December 31 of each year to adjust to the actual property tax bill. For calendar year 2009 . only, Lessee shall reimburse the Lessor for one-third (113) of the annual property taxes, i.e. for the period September 1, to December 31, 2009. 4.7 LATE FEES AND INTEREST: Payments of rent not received by the twentieth (20th) day of the month shall be subject to a late fee of five (5) percent of the amount owed. Any ~mount due from Lessee to Lessor, hereunder which is not paid when due; including without limitation rent, including any percentage rent I or property taxes reimbursements shall bear interest at one and one-half (1 Y2 %) percent per month (18 % APR) from the due date until paid. 5.0 Improvements and Alterations of Premises bv Lessee. A). Lessee shall not, without first obtaining the written consent of Lessor, make any improvements, additions or alterations, in to or about the Premises. Any improvements or alterations made to the Premises shall be in compliance with all regulations and ordinances of governmental authorities, and or insurance requirements. B). The interest of Lessor in the Premises is not subject to liens . for improvements or alterations made by Lessee. Lessee shall comply with the Mechanics Lien Law of the State of Florida as set forth in Florida Statutes, Chapter 713. Lessee will not create nor permit to be created nor remain as a result of any action or work done or contracted for by Lessee, any lien, encumbrance or charge levied on account of any imposition of any mechanic's, laborer's or material man's lien which might be or become a lien, encumbrance or charge upon the Premises , 5 of l e Agenda Item No. 1686 December 15, 2009 Page 18 of 60 or the building. C). Lessor shall cooperate with Lessee in signing any required permits or applications to meet Collier County approvals. However, all permits and applications are to be prepared by Lessee and sent to Lessor via over night mail or may be delivered in person for Lessor's signature. . 6.0 Repairs bv Lessee: Lessee shall, at its own cost and expense, keep and maintain the Premises and every part thereof in good order and repair. Without limiting the , foregoing, Lessee agrees to keep in good order and repair and to replace as needed all fixtures pertaining to heating, air conditioning (including compressors, fans and ducts), ventilation, water, sewer, electrical and sprinkler systems and Lessee shall be liable for any damage to such systems resulting from Lessee's misuse or failure to maintain. 7.0 Utilities: Lessee shall pay the cost of water, sewer, gas, , electricity, fuel, light, heat, power, telephone, cable TV, internet and all other utilities furnished to the Premises or used by Lessee in connection therewith. In the event the utilities canllot be turned back on do to a mechanical defect in the system or hook ups then Lessor shall rectify. Lessee shall timely apply and make all required deposits to have all the utilities turned on by August 15, 2009. 8.0 Personal Property Taxes: Lessee shall pay all personal property taxes assessed against or levied upon Lessee's fixtures, signs, furnishings, equipment and all other personal property of any kind owned or leased by Lessee and used in connection with the Premises. 9. Insurance: Lessee shall carry at its own expense G:-, 6f /8 Agenda Item No, 1686 December 15, 2009 Page 19 of60 Comprehensive General Public Liability and Property damage insurance (building coverage of $175,000) with combined single limits of not less than $1,000,000 and loss of use coverage (in order to pay rent to Lessor while Premises may be , reconstructed after a casualty loss is sustained) with insurance companies authorized to do business in Florida. A copy of the insurance policy shall be provided to the Lessor each year and Lessor shall be named as an additional insured. Lessee is responsible for insuring their own personal property, equipment and fixtures located in the Premises, as well as business interruption insurance. 10. Indemnification of Lessor: Lessor shall not be liable for any damage or injury to Lessee, or any other person, or to any property, occurring on the demised Premises or any part thereof, and Lessee agrees to hold Lessor harmless from any claims for damages, no matter how caused. 11. Dama2c or Destruction: If the Premises are damaged by fire or other insured casualty and insurance proceeds have been made available therefore by the holder(s) of any mortgages covering the Premises, the damage shall be repaired by and at the expense of Lessor to the extent of such available insurance proceeds provided such repairs can, in Lessor's sole opinion be made within ninety (90) days after the occurrence of the casualty without the payment of overtime or other premiums. If the damage is due to the fault or neglect of the Lessee or its employees, contractors, agents or invitees then any uninsured or underinsured portion of the damages shall be the sole responsibility of Lessee. If the Premises are damaged as a result of any cause not covered by fire and extended coverage insurance or if the insurance proceeds have not been made available or if, in 7 or-- 16 Agenda Item No. 1686 December 15, 2009 Page 20 of 60 Lessor's sole opinion, the repairs cannot be made within ninety 1 ' (90) days, Lessor shall have the option: 1). To repair or restore such damage, this lease continuing in full force and effect or 2). Give notice to Lessee at any time within ninety (90) days after such damage, terminating this lease as of the casualty date and all interest of the Lessee in the Premises shall terminate. 12. Eminent Domain: If the Premises or any part thereof or any estate therein, or any other part of the building materially affecting Lessee's use of the Premises, shall be taken by eminent domain, this lease shall terminate on the date when title vests pursuant to such taking. The rent, and any additional rent or expenses accrued (including but not limited to property taxes) shall be apportioned as of the termination date, and any rent paid for any period beyond that date shall be repaid to Lessee. Lessee shall not be entitled to any part of the award for snch taking or any payment in lieu thereof, but Lessee may file a claim for any taking of fixtures or other property owned by Lessee and for moving and other business relocation costs. " 13. Assienment and SublettiDl!: A). Lessee shall not assign this lease or sublet any portion of the Premises without the prior written consent of the Lessor, which consent shall not unreasonably be withheld. Lessor acknowledges that Lessee has independent contractors I agents working at the subject site I property and that such independent contractors I agents are not assignees and I or subletting the subject property. Any such assignment or subletting without consent shall be void and at the option of Lessor, may terminate this lease. B). However, Lessor will permit assignment of this Lease to Little Caesars Enterprises, Inc. or any apllfoved Little Caesars Franchisee, provided that Little Caesars Enterprises, Inc. and B ()f I~) Agenda Item No, 1686 December 15, 2009 Page 21. of 60 all the individual owners of the franchisee entity personally guarantee the Lease. Lessor shall be notified in writing of the proposed assignment and in the assignment agreement be provided with the personal guarantees of the parties. In addition, the initial Lessees shall also remain jointly and severally liable for all rents due under this Lease for the next twenty-four months. If the assignee is a new entity formed by Luis Velez and I or Claudia Henao then they and Velez Henao, Inc. shall remain jointly and severally liable for performance of all the Lease terms without limitation, including all Lease renewals. 14. Ordinances and Statuttti, Lessee shall comply with all statutes, ordinances and requirements of all municipal, state and federal authorities now in force or which may hereafter be in force, pertaining to the Premises, occasioned by or affecting the use thereof by Lessee. Lessee's failure to timely comply .. with all municipal, state and federal statutes, ordinances and requirements shall constitute a Default under the terms of this Lease. 15. Entry and Insoect!wll A). Lessee shall permit Lessor or Lessor's agents to enter upon he premises at reasonable times and upon reasonable notice, for the purposes of inspection of same, and will permit Lessor at any time within four (4) months prior to the expiration of this lease or any renewal thereof, to permit persons desiring to lease the same to inspect the premises. Lessor shall be liable for any damage or injury to persons or property caused by neglige~t, willful, or wanton acts or mission of Lessor, its agents, employees, invitees, guests or contractor resulting from its and I or their entry onto the Demised Premises or the repair or any work performed. 16. Lessor's Remedies on Default: If Lessee defaults in the '. q o? I B Agenda Item No, 1686 December 15, 2009 Page 22 of 60 payment of rent, or any additional rent, or defaults in the performance of any of the covenants or conditions hereof, including but not limited to any unpaid rent or property taxes. Lessor may give Lessee notice of such default and if Lessee does not cure any such default within fifteen (15) days, after the giving of such notice (or if such other default is of such nature that it cannot be completely cured within such period, if Lessee does not commence such curing within such fifteen (15) days and thereafter proceed witb reasonable diligence and in good faith to cure such default), then Lessor may terminate this lease on not less than thirty (30) days notice to Lessee. On the date specified in such notice the term of this lease shaD terminate, and Lessee shall then quit and surrender the premises ~o Lessor, but Lessee shall remain liable as hereinafter provided. If this lease shall have been so terminated by Lessor, Lessor may at any time thereafter resume possession of the Premises by any lawful means and remove Lessee or other occupants and their effects. No failure to enforce any term shall be deemed a waiver. 17. Ril!hts and Remedies: The various rights and remedies herein granted to Lessor may be exercised concurrently and shall be cumulative and in addition to any others Lessor may be entitled to by law, and the exercise of one or more rights or remedies shall not impair Lessor's right to exercise any other right or remedy. The failure or forbearance of Lessor to enforce any right or remedy in connection with any Default shall not be deemed a waiver of such Default nor a consent to a continmttion thereof nor waiver of the same Defanlt at any subsequent date. Any waiver of rights or remedies by Lessor must be in writing and shall only apply to that written waiver and shall not have general or prospective application. Lessor, may, at its option, 10 Dr If) Agenda Item No, 1686 December 15, 2009 Page 23 of 60 accept partial payments of base rent without waiving any rights concerning the existence of any monetary or non- monetary default condition under this Lease, which default condition shall serve and continue unaffected by receipt of any sllch paymertt. 18. Subordination: This Lease is and shall be subordinated to all existing and future liens and encumbrances againstthe property. However, as a condition of any subordination, the mortgagee, transferee, purchaser, lessor or beneficiary ("Lessor's Successors) shall agree that Lessees use and possession of the demised Premises shall not be disturbed nor shall it's obligations enlarged or it's rights abridged hereunder by reason of any such mortgage or deed of trust, any foreclosure or sale under any such mortgage or deed of trust (or transfer by deed in lieu thereot), this Lease shall remain in full force and effect, and Lessees agrees to execute such documents as are reasonably required by Lessor's Successor to accomplish the purpose of this section. 19. Attornev's Fees and Court Costs: If any legal matter, dispute, action or proceeding exists or is commenced by Lessor to enforce Lessee's obligations under this Lease, Lessee shall be liable for and shall pay Lessor for the expense of Lessor's attorney's fees and any court costs in such matter unless said .dispute, action or proceeding is adjudicated, and then tn such event, the non-prevailing party shall be liable for and'shaU pay the expense of the prevailing party's attorney's fees and court costs. .If either party hereto without fault is made a party to any litigation instituted by or against any other party to this Lease, sllch other parties shall indemnify and hold harmless the other pal'ty, as the case may be, against all costs and expenses, , \1 of It>) Agenda Item No, 16G6 December 15, 2009 Page 24 of 60 including reasonable attorney's fees incurred in connection. therewith. "Attorney's fees", as referred to in this Lease, shall include fees incurred by Lessor after an occurrence of monetary or non-monetary default, or after the recognition of an issue by Lessor deemed significant enough, in the exclusive judgment of Lessor, to be the basis of any legal action, whether or not such action is commenced, that seeks any type of relief or declaratory judgmen4 which shall include fees and expenses of its attorneys for all legal services, negotiation services and collection services through trial and appeal, and such fees shall be payable by Lessee as Additional Rent. 20. Notices: Any Notice required or permitted to be given hereunder shall be in writing and may be given by personal delivery or by mail and if given by mail shall be deemed sufficiently given four (4) business days following the date transmitted by registered or certified mail, postage prepaid, return receipt requested, addressed to Lessee, or to Lessor, at the address noted on the first page hereof. Either party may, by Notice to the other, specify a different address for Notice purposes. Notwithstanding the foregoing, upon Lessee's taking possession of the Premises, the Premises shall constitute Lessee's address for Notice purposes. A copy of all Notices required or permitted to be given to Lessor shall be concurrently transmitted to such party or parties at such address as Lessor may from time to time hereafter designate by Notice to Lessee.' ' 21. Inabilitv to Perform: This Lease, and the obligation of Lessee hereunder, shall not be affected or impaired because Lessor is unable to fulfili any of its obligations hereunder or is delayed in doing so if such inability or delay is caused by reason of strike or other labor troubles, civil commotion, invasion, rebellion, hostilities, military or usurped power, I'2D{- 1<0 Agenda Item No. 1686 December 15, 2009 Page 25 of 60 sabotage, acts of terrorism, governmental regulations or controls, inability to obtain any material, service, energy shortages, acts of God or by any other causes beyond the control of Lessor. 22. Time of Essence: Time is of the essence with respect to' the performance of each Lessees covenants of this Lease and the strict performance of each shall be a condition precedent to Lessee's rights to remain in possession of the Premises or to have this Lease continue in, effect. 23. Boldinl! Over: Should Lessee continue in occupancy of the Premises after expiration of this Lease, Lessee shall become a tenant from month to month upon each and all of the terms herein provided and any such holding over shall not constitute a renewal or extension of this Lease. During such holding over, Lessee shall pay, at Lessor's sole discretion, base rent at twice the monthly amount which was payable by Lessee immediately prior to the holdover occurrence. 24. Surrender of Premise: At the expiration or termination of this Lease, Lessee shall surrender the Premises to Lessor broom clean and in as good a condition and repair as reasonable and proper. Any liability of Lessee to Lessor to . under'this Lease shall survive expiration or termination of this Lease. If Lessee faUs to remove any property belonging to it within ten (10) days of Lessor's Notice to remove such property, or subsequent to a court order directing such removal, all such property shall be deemed abandoned by Lessee and shall become the property of Lessor. 25. Sale bv Lessor: In the event of any transfer of Lessor's interest in the Premises, other than a transfer for security purposes only, the transferor shall be automatically relieved of , \~Df It) Agenda Item No. 1686 December 15, 2009 Page 26 of 60 any and all obligations and liabilities on the part of Lessor occurring from the date of such transfer provided however, any funds in the hands of Lessor at the time of such transfer, in which Lessee has an interest, shall be turned over to the transferee and any amounts then due and payable to Lessee by Lessor under any provision of this Lease shall be paid to Lessee, it being intended hereby that the covenants and obligations contained in this Lease on the part of Lessor shall, be binding on Lessor, its successors and assigns only during their respective periods of ownership of the Premises. 26. Partial Invalidity: Any provision of this Lease which shall be held to be invalid, void or illegal shall in no way affect, impair or invalidate any other provision hereof and such other provisions shall remain in full force and effect. 27. Successors and Assi!ms: Except as otherwi~e provided in this Lease, all of the covenants, conditions and provisions of this Lease shall be binding upon and shall inure to the representatives, successors and assigns. 28. Headin2s: Lessor and Lessee: The article and paragraph captions continued in this Lease are for convenience only and do not in any way limit or amplify any term or provision hereof. The terms "Lessor" and "Lessee" as used herein shall include the plural as well as the singular, the neuter shall include the masculine and feminine genders and if there be more than one guarantor, the obligations herein imposed upon Lessee shall be joint and several. 29. No Estate bv Lessee: This Lease'shall create the relationship of Lessor and Lessee and no estate shall pass out of Lessor. Lessee has only a right of use of the Premises, not subject to levy or sale, and not assignable by Lessee except as \4- ()( \S Agenda Item No, 1686 December 15, 2009 Page 27 of 60 expressly provided herein. 30. Radon Gas: Radon is a natnrally occurring radioactive gas that when it has accumulated in a building in sufficient quantities, may present health risk to persons who are exposed to it over time. Levels of radon that exceed Federal and State guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained froJll the county public health unit. This notice is given pursuant to 404.056 (8), Florida Statutes. 31. Hazardous Substances: The term "Hazardous Substances", as used in this Lease shall include, without limitation, flammables, explosives, radioactive materials, asbestosj polychlorinated biphenyls (PCBs), chemicals known to cause cancer or reproductive toxicity, pollutants, contaminants, hazardous wastes, toxic sllbstances or related materials, petroleum and petroleum products and substances declared to be hazardous or toxic under any law or regulation now or hereafter enacted or promulgated by any governmental authority. , Lessee shall not cause or permit to occur: A). Any violation of any federal, state or 19callaw, ordinance, or regulation nOW or hereafter enacted, related to environmental conditions on, under or about the Premises arising from Lessee's use or , occupancy of the Premise, including but not limited to air, soil and ground water conditions. B). Lessee shall, at Lessee's own expense, promptly provide all information regarding the use, :generation, storage, transportation or disposal of Hazardous Substances requested by Lessor and shall comply with all laws regulating the use, generation, storage, transportation or disposal of Hazardous , I b 6~ IE'> _~.______'__ _ H _ _ --- -"-. ---_.- . -.-- Agenda Item No. 1686 December 15, 2009 Page 28 bf 60 Substances. C). Lessee shall indemnify, defend and hold Lessor, its respective officers, directors, beneficiaries, shareholders, part~ers, agents and employees harmless from all fines, suits, procedures, claims and actions of every kind and all costs. associated therewith including attorney's and consultants' fees, arising out of or in any way connected with any deposit,'spill or discharge, or other release of Hazardous Substances at or from the Premises on which arises at any time from Lessee's use or occupancy of the Premises or from Lessee's failure to provide all information, make all submissions and take ail steps required by all Authorities under the Law. Lessee's obligations and liabilities under this Paragraph 32 shall survive the expiration of this Lease. 32. No Recordinl!: This Lease shall not be recorded in the public records without Lessor's prior written consent. 33. GoverniD!! Law: This Lease is made and accepted by the parties in the State of Florida with reference to the laws of such state and shall be construed, interpreted and governed by and in accordance with the laws of the State of Florida. Lessee agrees that Lessor may institute any legal proceedings with respect to this Lease or the Premises in the Circuit Court of Collier County and submits itself to the jurisdiction of such court. If Lessee is a corporation chartered other than in the State of Florida, Lessee acknowledges and agrees it is "doing business" in the State of Florida and unless Lessee has properly registered another person with the Secretary of the State of Florida as its agent for service of process, Lessee appoints the Secretary of the State of Florida as its agent for service of process for all matters pertaining to this Lease. \ tp of \ B Agenda Item No, 1686 December 15, 2009 Page 29 of 60 IN WITNESS WHEREOF, the parties hereto have signed and sealed this Lease as of the day and year first above written. Witness as.to Lessor: vi. f~/~" By: W. Stewart Connard, . Trustee of W. Stewart Connard Trust At 10 AU Witness as to Lessee (s) /~# #/ , ~ By: uis Velez, \_,tresident Velez Henao, Inc. , ",{ J; ~ lLUiS Velez, indi idually \ o...("L~ - , <.L<.L,o , \"CI udia Hena , individually The foregoing Lease was acknowledged before me this .d1.aay of 1UIVo ,2009 by Luis Velez, President of Velez Henao, Inc., who is personally known to me or have produced ?F/Z5C1/V4r I-(A ~w"v as identification. ; N~1X~!~!fIe..~!,~eal: ~~7;-' / / [ #."'.~~ IlRNESTO Il ~m"'SQUElZ L.?~ '~1' ~ ~!Ir M\'r:OMMI!\SION f um02l84 . . "/i-o",.lJ eXPlRf"', no<,27,2009 Notftry P he - State of FlorIda . I-f07jMll.oIM FIMlcfA-NMl\IYfltMc"oom .. T~~-;~~~~~i~;"L;ase~ ;'as acknowledged before me this LJ!day of .Ji/1'4 , 2009 by Claudia Henao, who is personally known to me or have produced f e7!>rJ;./A- 1,/ tr/VJhlt-/ Notary Stamp' or Seal: --, ,- ," ." ..~,...",-",,""'--"':) r;~.;:;:~~ro B VBlASQUE'L I " . 'I".",. ~,JY C.OMMI&.~ION' 0050:18-4 (,:-(PI>EQ; I>rC'.27,200\1 f..-- ,_ ._ '...,~:-' '~'Y"'~~~m /7 0 P \ 0 as id~fica:tion. ~~ Notitry Pu ic ~ Sta eo Florida , Agenda Item No, 1686- December 15, 2009 Page 30 'of 60 The foregoing Lease was acknowledged before me this ~ay of 1 J rI F , 2009 by W. Stewart Connard, Trustee of the W. Stewart Connard Trust, who is personally known to me or have produced rt- ,be cn?J;nCfq-:B~'O as identification. Notary Stamp or Seal: [;;;;';:~;~~;;;VBLASQUBZ FI:JJ '" MY roMMI!\SION * PDS02t84 ?~f:).$ EX1'IRES: J)ec.27.2009 .cOf~ - (~i"I7J~OHi3 nN~I'INdNySM~.,oom -'.,-,.....---..~.-- ..~.'~... .-"-., .-. .-.....------........ Is ()(= !8 11/24/20B9 22:11 BBBBBBBBBB 11/24/2089 22:4g 3817658949 - :J .' - -; C- ..., __. _0...-__ -.....J L+L1 It:TJPW Agenda ItemP~8~6~~/B2 Decem~5.1W09 ,._.l ,Pa'98'"11 ~t6P _ _ SlEWMT COHW\RIl . _..:J L. M _..1 Most of US do not recetwe c8110elled cheCIW from the bank. Thuwefore, as a oourUlay this 18C8!pt Is being pRMded to you as wrlfic8tion that your property tax payment hIS been reoetvsd. - -- . nil - 798.71 ...., 6:l3" --.. S50j ..,.--. 498"11 !". \ '" ~6I: =::... ~ comwm TR.....!L~!!WAR'l 51. -- 8" SlIiI .................. mu 3. 217 . 0' . 24 U'l'tI 6 04 !2g.~ ANCB CIR AP1 ... 3iiOi-672~ "",II .. -- - (; 1 lD.lBClUIIfllUl oou.s:roK ClUIIllIUR_-1lIIIJJlIl81>1 IlIlF\S\.~Mt12-41l1l' WIt _... 111' ...aam ~II 1.7095 .4814 2.!~1~ U:U66 IlI!lIII. ~ - 1~'j~!g9 . 3,088.4 ::.J r::- ".,J L .-J ~:::J r..:...J : -::I l~] r::.-: "see bUh'" SIde For llaIy Op8hflag 1rIttNCfIOnS" ~ I- e..., c,F.O. QOUII!A COUNTVTAX QIlU,fl(lI'OR CO\.IIIflIOI,JS C.1 IW'\JIlI, F\.lMt12w1W7 PKt!9ORlltl RRSl.c1AllS MAD us f'O$'fl\Gl6 1M FORrM'Il!RUl PlIlMll NO. 440 e.d-.. 7-o0q/NO 'II'L 4"1.10- c::ONNARD Ta. 19 S'1'B'IIlt.B't_ W S_cammRD 'l'RUST U'l'.O 6 4 8 en A1"l' 205 ~ 34108-672~ '0\ J~~'1. 'I. 30".'. ,..11..1..(...11I1...,..1..11..1...1..1.11.1...1.1..1,1.11..., Agenda Item No. 1686 ~ December 15, 2009 -e.Rd' EVIDENCE OF PROPERTY INSURANCE P g(b~1!J0/Z009 THIS EVIDENCE OF PROPERTY INSURANCE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE ADDITIONAL INTEREST NAMED BELOW, THIS EVIDENCE OF PROPERTY INSURANCE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGf AFFORDED BY THE POLICIES BELOW, AGEUCY ------- U'1:gNJo._E_~~J?3~)_ 8f~~9T~4----- ------- CO/,l~----------m~-.____. --___________ --. Mount Vernon Fire Insurance Company NeflaIi Espinosa E & S Insurance LLC 3757 Tamlallli Trail N Naples F~34103__ ______~__ Jffc ~'L~3.o) 2GI!5~8_rriM!.b,neflall-espinosa@yahoo.colll 1:;91)~:__.,.._____________.___~,~_o~____________ .___..______ AGENCY C.Jm9MERlD.~____._u_______~___ INSURED VISE LLC DBA CAESAR LITTLE CESAR PIZZA 525 15th St North 11l11llokalee FL 34142 ColIlC!' PROPERTY INFORMATION LOCATION/DESCRIPTION I. Pizzeria 11'/0 service to tables, EFFECTIVE DATE 1lI30/2009 EXPIRATION DATE 11130/2010 CONTINUED UNTIL TERMINATED IF CHECKED lOA.N IlUMBER THIS REPLACES PRIOR EVIDENCE DATED: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS EVIDENCE OF PROPERTY INSURANCE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS ANO CONOITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, COVERAGE INFORMATION LOC 1. Buildiug LOC 1. EquipllleJlt Breakdown __ ~C!Y~RAO~.!X~~~,~_s I ~~_RMS________ ______~_~()UNTOFINSU~~~ ~~~l?__ i 120,000 1000 1000 I REMARKS (Includlna Special Conditions) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR 10 MAIL --~--,~ OAYS WRITTEN NOTICE TO THE ADDITIONAL INTEREST NAMED BELOW, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR liABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AOOITlONAL INTEREST NAMEANOAOORESS W. StewClrt Connanl Trust r' MORTG. AG. EE ___ LO~"p'AY~__ LOAN II 12( ADDITIONAlINSUi\ED __oLe. 800 l.'Ambiance ekc #205 Naples FI. 34108 ------- .wr-H"oRIZe-!;-REPRESENTA'TlVE - r " .__n__ ,\ \... 0" / "" },j -'.- - \(~A, \ @ACORD CORPORAtiON 1993.2006. All rights reserved, The ACORD name and logo are registered marks of ACORD ACORD 27 (2006101) RECEIPT Agenda Item No, 1686 December 15, 2009 Pa e 33 of 60 qy~t~m~r VISE LLC DBA CAESAR LITTLE CES MPR09440828 MOUNT VERNON/CHELSEA SURPLUS 11/30/20092:46:54 PM 11/30/2009 <Ypgiiily)j'itm 12 Months Payment M~tholl Financed by E,T.I, E&S INSURANCE LLC Agency 3757 TAMIAMI TRAIL NORTH NAPLES, FL 34103 Down Payment for Account#: CON1726678 As required by: E.T,1. FINANCIAL CORP, $313.02 MVR for Driver's License: By: E&S INSURANCE LLC 0.00 0,00 0,00 0,00 Total Received: $313.02 Agent: Please, keep for your records. Agenda Item No. 1686 December 15, 2009 Page 34 of 60 Neftali Espinosa E & S Insurance LLC neftalL espinosa@yahoo,com MPR09440828 QUole Is valid unll11/2912010 Please bind effective: 11/ c? ,', / :;ZoO" 7 To: VISE LLC DBA CAESAR LITTLE CESAR PIZZA Confirm oplional coverages: o Do not include any optional coverages. o Include the fOllowing opl1onal coverages from Section IV (Taxes & Fees may apply to opllonal premium if purchased) o Option 1 "(add: '$100.00). Terrorism Coverage .See Terrorism Section for Exact Pricing and Terms From: Neftali Espinosa Signature: neftall_ espinosa@yahoo.com I. PREMIUM AND UNDERWRITING NOTES/REQUIREMENTS COMMERCIAL PROPERTY POLICY INFORMATION Carrier: Slatus: A.M. Besl Rating: Term Quoted: Minimum Earned Premium: Mount Vernon Fire Insurance Company Non-admitted A++ (Superior) . IX Annual 25% - COVERAGE-pAilT~ Commercial Property TOTAL PREMIUM DUE TO CARRIER AOomoNAL COSTS Wholesaler Broker Fee -FlOrida EMPA Surcharge (Fire only) Florida FL CAT Fund Assess (1.000%j" Florida Surplus lines Tax (5.000%) Florida Service Fee (.100%) Florida Citizens Prop Assess (1.400%) TOTAL AMOUNT DUE PREMIUM $1,126,00 $1,126.00 -~"'--~---'--' $35.00 $4,00 $11-:61 $56.05 $1.16 $1625 $1,252.Q7 Please note that we will not be able to bind coverage until we satisfy all Prior to Binding requirements, Prior to blndlna, this account Is sublect to the followlno: · No Property losses/claims incurred in the past 3 years (excluding closed no pay) WithIn 21 days of the inceotlon date of coveraoe. thIs account will be sublect to the folJowlna: · Our completed & signed application that accompanies this quote; or · Completed & signed ACORD application as long as all underwriting information needed has been provided to us; or · Completed & signed application from another company as long as all underwriting information needed has been provided to us. UndeMrltina Notes: --._'~'---_..- Please contact us w"ilhany questions regarding the terminology used or the coverages provided, "Read lhe quote carefully, it may not malch the coverages requested" Page 1 of 3 Exclusions: 0 Wind & Hail 0 Sprinkler Leakaga 0 Theft 0 Water Damage Deductible: 0$500 0$1,000 0$2,500 0$5,000 o Other Agenda Item No, 1686 December 15, 2009 Page 5 of 60 Cov.rag. Limit Addltlon.llnlormatlon 0 Building $120,000 Co.lnsurance: 0 80% 090 0100% ValuaUon: o R.placement Cost o Actue' Cash Value 0 Equipment Breakdown Included In Co-Insurance: 0 80% 090 0100% Building and Valuallon: o Replacement Cost o Actual Cash Valua Personal Property Is there commercial cooking on premises? What type of extinguishing system is functioning and operallonal? Is there a deep fat Iryer on premises? Property For any building buill prior to 1978, no building with knob-and,tube or aluminum wiring on premises For any bUilding built prior 10 1978, 100% of the wiring is on functioning and opsrational circuit breakers Functioning and operational smoke andlor heat detectors In all units and/or occupancIes Ail cooking equipment has an in-force Cleaning contract For any building built prior to 1978, no use of knotrand-tube or ah.Jmlnum wiring Functioning and operational fire extinguishers readily available Business does not operate on a seasonal basis Vas Dry No o True 0 False o True 0 False o Trua 0 Fal.e o True 0 Fal.e o True 0 False o True 0 False o True 0 False v. Additional Eliaibllltv Information Doe. tho Applicant engage in any operations or have any cla.slrocallons on thair premlse(.) other than those listed 0 Yes 0 No in Itam II Locations 01 Coverage and Correapondlng CI...lflc.tlon.? .. Florida Fraud Statement: Any person who knowingly and with Inlent 10 Injure. defraud, or deceive any Insurer files a statement of claim or anappUcatfon containIng any false, Incomplete. or misleading informalfon Is guilty of a felony of the third degree, Fraud Statement: Any person who knoV'llngly and with Inlenllo defraud any Insurance company or other person, files an appllcallon for Insurance or statement of claim containing any maleriaUy false Informallon, or conceals for the purpose of misleading, Information concerning any fact material therelo, commils a fraudulent Insurance act, which Is a crime and may subject such person to criminal andlar civil penalties and other sanctions, Applicant's Warranty Statement: I warrant Ihslthe Information provided In this Application, and any emendments or modifications 10 lhls Application are true and correct. I acknowledge lhalthe Information provided In this Application is material to acceptance of Ihe risk and the Issuance of the requesled policy by Company, I agree that any claim, lncldenl, occurrence, event or material change In the Applicant', operallDn taking place between the dale this application was signed and the effecllve date of the Insurance polley applied for which would render inaccurate, untrue or Incomplete, any Information provided In thIs AppHcatlon, wil! Immediately be reported In wrltlng to the Company and the Company may withdraw or modify any outstandIng quotations and/or void any authorization or agreemenllo bind the Insurance. Company may, but Is not requIred. to make Investlgallon of tile Information provided In this Appllcatlon, A decision by the Company nolto make or to limit such Invesllgalion does not conslilule a waiver or estoppel of Company's nghls. I acknowledge that Il1ls Application Is deemed incorporaled by reference In any policy Issued by Company in reliance thereon whelher or nollh8 Appllcatlon Is atlached 10 Ihe policy, I acknowledge and agree that 8 broach of this WARRANTY STATEMENT Is grounds for Company to declare voId any policy or policies Issued In rallance thereon andlor deny any ctalm(s) for covorage thereunder. ~ Applicants Signature': Brokers Signature: If your slate requires thai we have the nam,. ?nd address of your~nsuted's) authorized Agent or Broker. Name of Aulhorized Agenl or Broker ,IV ''l"".;.I.{'/1 C, ,')'vO "'t) ..,\~_). -0 Address; rUle: Dale: (Must be Owner, Officer or Partner) (Required) (Required) Date: SUBMITTING THIS APPLI ATIOJi,DOE$/t>!l'lJiIi\NU.T-HE APPLlCA T TO PURCHASE INSURANCE. ACCEPTANCE OF THIS) mqt'm'rONEOOESiNll):j\IBlJilD THE cor PANY TO ISSUE INSURANCE. W=C~ 375"' Tamiami Tlall N, ~ Naples. FL :,,1103 SERvICf-u 2:1?,B21,91134 Fax 239,261-7508 y{\wi,Qs.isu ranco,corn 11/30/2009 Page 2 01 2 DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE Agenda Item No, 16G6 December 15, 2009 Page 36 of 60 You are hereby notified tllat under the Terrorism Risk Insurance Program Reauthorization Act of 2007 ("the Act"). effective December 26th, 2007, you now have a right to purchase insurance coverage for losses arising out of acts of terrorism, as defined in Section 102(1) of the Act The term "act of terrorism" means any act that is certified by the Secretary of the Treasury, in concurrence with the Secretary of State, and the Attorney General of the United States, to be an act of terrorism; to be a violent act or an act that is dangerous to human life, property, or infrastructure; to have resulted in damage within the United States, or outside the United States in the case of an air carrier or vessel or the premises of a United States mission; and to have been committed by an individual or individuals, as part of an effort to coerce the civilian population of the United States or to influence the policy or affectlhe conduct of the United States Government by coercion, You should know that any coverage for losses caused by certified acts of terrorism is partially reimbursed by the United States under a formula established by federal law. Under this formula, the United Stales pays 85% of covered terrorism losses exceeding the statutorily established deductible paid by the insurance company providing the coverage for each Program Year (January 1 through December 31), The premium charged for this coverage is provided below and does not include any charges for the portion of loss covered by the federal government under the Act. Coverage for "insured losses", as defined in the Act, is subject to the coverage terms, conditions, amounts and limits in this policy applicable to losses arising from events other than acts of terrorism, You should know that the Act, as amended, contains a $100 billion cap that limits U,S, Government reimbursement, as well as insurers' liability, for iosses resulting from certified acts of terrorism. When the amount of such losses for all insurers exceeds $100 billion, your coverage may be reduced, You should also know Ihat, under federal law, you are not required to purchase coverage for losses caused by certified acts of terrorism, REJECTION OR SELECTION OF TERRORISM INSURANCE COVERAGE I decline to purchaseTerrorismCoverage.1 understand that I will have no coverage for losses arising from acts of Terrorism. I elect to purchase c'overage for certified acts of Terrorism for a premium of $ Note: If you do not respond to our offer and do not return this notice to the Company, you will have no Terrorism Coverage under this policy. Applicant Name (Print) Named Insured Authorized Signature Date United Stales liability Insurance Comp81lY " U.S. Underwriters Insurance Company. Mt. Vernon Fire Insurance Company TRIADN (01-08) ____....~~_ PREMIUM FINANCE AGREEMENT AND DISCLOSURE STATEMENT E.T.I./FLORIDA PLEASE CHECK APPROPRIATE BQXfES Agenda Item No, 16G6 December 15, 2009 E.T,1. FINANCIAL CORPORATION P,O, BOX 829522 PEMBROKE PINES, FL 33082 PH: (954) 510.8008 o CONSUMER-PERSONAL 111 COMMERCIAL Ii'l NEW CONTRACT ENOORSEMENT TO EXISTING D~na 37 of 60 AMT. REeVD. DATE RECVD. CK.* AMT ACCOUNT NO. AMT. PAID CKM AMT CON1726678 2i1OM7 CK'O BY_ VISE LLC DBA CAESAR LITTLE CES 525 15TH ST NORTH IMMOKALEE, FL 34142 E&S INSURANCE LLC 3757 TAMIAMI TRAIL NORTH NAPLES,FL 34103 PHONE 2392003511 PHONE (239)261-5470 AGENT NO. 6219 In conslderaUon of the premium payments 10 be made by E. T.I. FinancIal Corporallon (hereinafter "E. T.I.") 10 the listed Insurance companIes, Ihe named insured promises to pay to the order of E..T.I., the Tolal of Payments, 8ubJecllo the provisIons hereInafter sel forth Total Premium Down Payment Unpaid P,emillm Documentary .. ANNUAL Amount Total of Balance SlsmpChg. PERCENTAGE .. FINANCE Financed Payment. RATE U CHARGE *u Amount you will have The dollar amount the The amounl of Cfedlt TIle cost of your credit will cost you provided to you or on paId after you have credit at a yearly rate your behalf made all scheduled $1,252,07 $313,02 $939,05 $3,50 payments 25,94 $104,76 $942.55 $1,047,33 Tolal Sales Price Your Paymont Schedule Will Bo: The lolal cosl or Number of Amount of When Payments Ale Due your credit indudlng yourpaymenl Payments Payment Mon!hlysll'lIting 12/30/2009 end continuing on the same day of each succeeding month unU paId in lull. $1,360.35 9 $116,37 SECURITY: You are giving a security inlerestln the policy(les) listed below You have the rtghtlo receive an Uemlzalfon LATE CHARGE: See nexl page, ilem number (3) three. ot the amount financed. PREPAYMENT: If you payoff early, you may be enUlled to a refund of part o I want an lIemlzallon of the finance charge. D I do nol want an llemlzaUon SCHEDULE OF POLICIES IEHI CliVE DATI I (1J J llll NM.H 01 lU~tJHANLI (or,1/'Arn AM) I I )1'(lIICIIS I I 1~1'1. ~,lJllJl Cf I OII!'I!::; ItIlM:> I POLICY I'RIIIX Of POLICY Bf~MlC" OIIICI AIJ!IH! <;~, '''''' 01 '0 ^""" III .,1(>N"" I pm MllJM AND NUMBER Ol{ ANNUM (I, NM,1! AtJlJ AIWIU :;,:, 01 (,I W IMI f\(~1 tu It) (OVllU II AMOUNT INSJALlMlrlT WHILII f'utlCY l'IIlI.IIl)r"" I'AI/I I,(lVlIU\t,1 ( J IIYI'I~ln It', lid . MPROs.t<10828 11/3012009 MOUNT VERNON/CHELSEA SURPLUS 469 GENERAlll o o o 12 $1,252,07 NOTE: NON.PAYMENT MAY RESULT IN CANCELLATION OF ABOVE POLICIES, florida documentary 1ilamp lax requIred by law in Ihe amounllndicaled ab<lve has been paId Or will be paid directly 10 the Department or Re~nue. CertifICate of Reglslt.tion #592611508 $1,252,07 NOTICE: 1. DO NOT SIGN THIS AGREEMENT BEFORE YOU READ IT OR IF IT COr'HAWS ANY BLANK SPACE. 2. YOU ARE ENTITLED TOA COMPLETELY FlllEo.lN COPY OF THIS AGREEMENT. 3. UNDER THE LAW, YOU HAVE THE RIGHT TO PAY OFF IN ADVANG!' THE FULL NolCUNT DUE AND UNDER CERTAIN CONDITIONS IOOOTAlN A PARTIAL REFUND OF THE FINAtlCE CHARGE, THE UNDERSIGNED EXECUTED THIS LOAN AGREEMENT AND RECENED A COPY THEREOF THIS AGENT CERTIFICATION Policy wilt be cancelled for NOll-Payment SIGNATURE OF INSURED (fr Corporation, TiUe of OffICeI Signing) X X The undetsigned 8gonthereby certifies Ihal all poIlcie& listed aboVe hereof have been Issued and delivered, and thallhe down payment 8S shown In the contract has been paid by or on behalr of the Insured, and !hat all policies listed therein were Issued by thl$ agency. The undersigned wallents that the above contract evldenees a bona ride and 18gal [(ansaction: that the inJured is ollegel ege and has capacity to conlracl, Ihat the Signature is genuine and he hat d~ivered s copy of this oonlracl 10 !he Insured. Upon terminalion of Ihls Agreement or cancsllalion of any scheduled policies the undersigned agrees 10 pay the unearned commIssions to E.T.1. provlded the unde sIgned Is not obligated to pay Ihe same 10 the scheduled in1iurence companies or their agenls. .0"100"_ __"-_-'y PRlln "'ME "'OADORESS OFADENT OR BROKER OfTHE INSURANCE PQUC'(IES) I L-.J X FUOl NOnCE: SEE NEXT PAGE FOR IMPORTANT INFORM tON "----'~---- .~---_.__._- ? Page 1 012 Agenda Item No. 16G6 December 15, 2009 Page 38 of 60 TERMS AND CONDITIONS WITNESSETH; Thai in consideration of the paymenl by E. T.t 10 the respeclive insurance companies, or their agents, of the balance of the premiums upon the policies of insurance hereinbefore described on the. previous page hereof (which policie$ have been issued and delivered to lhe Insured al his request), the Insured promises to pay to E.T.1. the amount shown In the completed schedule on the previous page hereon under the caption ATota! of Payments', with service charge Ihereon as In said schedule of Policies provided: and the Insured agrees with ET,I. as foHows: 1. The Insured hereby assigns to E.T,!. as securily, all of Iheir righi, title and interestln and \0 each of the Insurance policies listed on the previous page hereof, and an rights Iherein including all diVldends, and unearned premiums. 2. The Insured hereby appoints E.T.r., its officers and agents, as their allorney-lo.facl with full povrer and authority 10 cancel the policles tisled on the previous page thereof, for non payment of premium. The Insurance companies listed on the previous page, or iis authorized agentsrs hereby authorized and directed, upon the request of E.T.L, to cancel said policies and to pay to the order of E.T.I. the gross unearned or relum premiums Ihereon ....ilhoul prooF of default hereunder or breach hereof, up to the amount owing hereunder or as permitted by law. Vlnen cancellation by E.T.l. is in accordance with the laws of Ihe Stale of Florida, E. T,/. is not responsible for consequen!iat damages. and tha Insured sha!1 be responsibfe for costs and ellomay's fees in Bny unsuccessful action file<! as a result thereof. The Insured shall remain Hable for any deficiency together wilh Inlerest allhe highest allowable lagal raie. 3. The Insured agrees to pay a delinquency and collection charge on each installment in defaull for a period not less than five (5) days in an amount not to exceed $10.00 or 5 percent of the definquenl instaJlmenl. whichever Is greater, providoo (hal if li1e premium finance agreement is primarily for personal. family or househokl purposes, the delinquent and collecrion charge shall not eXC8ed $10,00. 4. The Ir\surod understands and agrees thaI default in payment of any instaflmenf hereof for a period of ten (10) days shaH be deemed to be a request for cancellalion of the policies listed on the previous page. The Insured agrees 10 pay a reasonable attorney fee not !o exceed 20% of Ihe amount due end payable under Ihis agreement jf it is referred for colleclion 10 an altornay not a salaried employee of E. T.l.. 5. The Insured agrees that E.T.t. may endorse the Insureds nama on any check or drafl for all monies that may become due from the Insuring company and apply the same as payment of thIs agreement and returning any excess 10 hlslher agent, provided such excess is an amount equat to or greater than One Dollar 6. In the even! a payment is made by a check or draft and is returned because of insufficien! funds to pay it the Insured agrees to pay E.T.1. an additional fifteer\ dollars ($15.00). 7. II a policy I;sted on lhe previous page hereof is not issued at the lime lhis agreement is executed, the Insured gives E.T.I authOrity to filt in the name of the insurif1g wmpany or aulhorized egenl, policy number and !he due dale of the first payment. Upon request o( the Insured, E.T.1. may advance to the insured's agent or the insuring company any additional premiums that may become due, less normat dawn payment, adding the advance amounl, plus any finance charge. to the tnsured's present contract 8, The Insured recognizes and agrees Ihat E.T.t. is a lender and flO! an insurer and thai ETL assumes no liability hereunder as an insurer. The InSured understands and agrees that the agent \'mo solicited Ihe policies is not an agent of ET,1. The InSured agrees that all payments hereunder shall be made directly to E.T.I. and pClymenl by the Insured to any other person, firm, Insurance agent, or insurance wmpany shall nol constilute payment to ET.1. This Contract will be construed by the laws of Ihe Slate of Florida 9. E. 1.1. shall have the right to accept any paymenl or payments from lhe Insured after notice of cancellation has been senllo the Insurance company(ies) and may hold such monies (or the Insured or apply them as a reduction of the indebledr\ess hereunder and neither the acceptance nor the application of any such paymon! or payments shall constitute an undertakir.g on Ihe part of E.T.I. to reinstate such insurance or conslitute a waiver of any default hereunder. In the event that FT.!. requests reinstatement of such Insurance, E.T.I. assumes no responsibility thai such requestll.-'iU be received or honored by the insurance company, and the Insured must verify Ihe existence of coverage directly w;th the insurance company or its agent 10. if the balDnce of the amount due under this contract is paid off prior 10 maturity, then the insured may receive 8 refund of the finance charge, ahar first deducting $20, based on the rvle of 78's. No refund need be made if 11 is less than $ 1.00. 11 This contract is subject to approval and acceptance by ET.!. and if nol approved and accepted it is to be returned. Issuing checks for the policies listed on the previous page hereof to the agent or Insurer or paying a dlatt witl be COnsidered acceplance. 12. This contract may be assigned and the holder Of assignee has the same fights as E. T.I. 13. ARBITRA T10N~ Any claim. dispute or ttlntroversy (whether in contract, 10 Ii, or otheNlise) arising from or retating to this Agreement or the relationships \\!hlch result from this Agreement, including the validity or enforceabili1y of this arbitration dDU5B or allY part thereof or of the entire Agreement ('Claim"), shall be resolved, upon the eleclion of you or by us. by binding arbHration pursuanllo this arbitralion provisior\ and the Gode of Procedure of the Nalional Arbilralion Forum in effect al the time the Claim is filed. Rules and forms of the Nalional Arbilra!ion Forum may be requested by writing 10, and ell Claims shall be filed ai, any National Arbitration Forum olfll:.e or al: Post Office Box 50191, Minneapolis, Minnesota 55405. OUf address for service of process hereunder is; President. E. n. Financial Corporation, 2825 N University Drive, Coral Springs, Fl 33065. Any participalory arbitration hearing that you attend wifltake place In Ihe city nearastlo your residence where a federal district court is located or such other location as. you and wa may mutually agree. This arbitration agreamer\t is made pursuant 10 a transaction involving interstate commerce, and shall be governed by the Foderal ArbHralion Act 9 U.S.C. Sections 1~16. Each party shall bear the expense of thoir respective 3Homey's fees, regardless of which party prevails. The arbitrator shall apply relevanllaw and provide wrilten reasoned, fmdings of facl and conclusions of law. The parties agree that the award shaU be kept confidentiaL Judgment upon the award may be entered in any court having juriSdiction. THE PARTIES AGREE THAT THEY HAD A RIGHT TO LITIGATE CLAIMS THROUGH A COURT, BUT THAT THEY AGREE TO HAVE AN ELECTION TO RESOLVe ANY CLAIMS THROUGH ARBITRATION, AND THEY HEREBY WAIVE THEIR RIGHTS TO LITIGATE CLAIMS IN A COURT UPON ELECTION OF ARBITRA TION BY EITHER PARTY. The Federal Equal Credit Opportunity All prohibits creditors from discriminating agaInst credll applicants on tho b<1sls of race, color, religion, national orIgin, sex, marital status, age (provfded the applicant has Ihe capacity to enter Into a binding contract); because all or part of the applicant's Income derives from any publiC assislance program; or because tho applicant has In good fallh exercised any right under the Consumer Credit Protection Act. The Federal agency Ihat adminIsters compliance with thIs law concerning E.T,I, Is the Federal Trade Commission, 730 Peachtree Street, N.E., Room 800, Allanta, Georgia 30308. NOTICE: SEE THE PREVIOUS PAGE FOR IMPORTANT INFORMATION FUOl Page 2 of 2 e.T.I. FINANCIAL CORP, P,O, BOX 629522 PEMBROKE PINES, FL 33062 Payment' Dale Due Contract Number 1 12/30/2009 172667'6 Name: VISE LLC DBA CAESAR LITTLE CES Monthly Payment lale Charge Amount Due $116,37 10,00 $126,37 To pay bill onlina visll us at: www.elifinance.com E,T,t FINANCIAL CORP. P,O, BOX 629522 PEMBROKE PINES, FL 33062 Agenda Item No, 16G6 December 15, 2009 Page 39 of 60 Payment. Dale DU8 Conlrecl Number 2 1/30/2010 172667,8 Name: VISE LLC DBA CAESAR LITTLE CES Monthly Payment late Charge AmounlDue $116,37 10.00 $126,37 .n.......................h.....__..........................................................,..........................., .___~..__.___.____.....______.____._______..~______...________. To pay bill online viSit us at W"NW.etifinance.com e,T.I, FINANCIAL CORP. P.O, BOX 829522 PEMBROKE PINES, FL 33082 Paymenlll Date Due Contract Number 3 2/28/2010 172661,8 Name: VISE LLC DBA CAESAR LITTLE CES Monthly Payment laleCharge Amount Due $11637 10,00 $126.37 To pay bill online visit us at: \YINW.etifinance.com .--.................................................. E,T,I. FINANCIAL CORP, P,O. BOX 829522 PEMBROKE PINES, FL 33082 Paymlln,' DaleDl,le Contract Number 4 3/30/2010 172667-6 Name: VISE LtC DBA CAESAR LITTLE CES Monlhly Payment late Charge AmQl,lnt Due $116,31 10,00 $126,37 .......................................................... ..---..........-.-...-.....---.-.....-..-..--..--.-_.___..__..n_...______._~ To pay bill online vlsll us at: www.elifinance.com e, T.I, FINANCIAL CORP. P,O, BOX 829522 PEMBROKE PINES, FL 33082 Payment" Dale Due Contracl Nl,lmber 5 4/30/2010 172687,8 Name: VISE LLC DBA CAESAR LITTLE CES Monthly Payment late Charge AmoonlDue $116,37 10,00 $126,37 E,T.I, FINANCIAL CORP. P.O, BOX 829522 PEMBROKE PINES, FL 33082 Paymenl" DalaDue Coolracl Number 6 5/30/2010 172667,8 Name: VISE LLC DBA CAESAR LITTLE CES Monlhly Payment Late Charge Amount Due $116.37 10,00 $126,37 To pay bill online visit us at: W\WI.etifinance.com To pay bill online visit us at: 1N't'VW.elifinance.com ..........................-n............................h.............._..n._....n..........nn............h_~._.._.___.._....__...____.._._._..--_..___.__..nn____________.. Dear Policy Holder: For your convenience, enclosed pleaee find a sel of paymenl coupons, one of which must be allachad 10 each payment In order 10 assure propor and correcl credlllo your aOCOI,ml. A lata charge as shoWn will be charged to each paymenllhalls receivoo In our offices five days aller the dUB date. Please follow these Instruct10ns for making payment: Tear off and mall payment with correcl coupon. Do not send cash. Payments musl be made in an exact amount. Avoid late charges by making your payment on or before the dl,le dale. Indicate your Account Number on all correspondence. If more than one paymenlls being made, please send one coupon for each payment. Do nol bend, staple or mutilate. "You Can Do It All Online I Check Your Balanoe and Pay Your Bill." Please Visit Us At www.etifinance.colll E,T,I, FINANCIAL CORP, P.O, BOX 829522 PEMBROKE PINES, FL 33082 e,T.J. FINANCIAL CORP, P,O, BOX 829522 PEMBROKE PINES, FL 33082 Agenda Item No, 16G6 December 15, 2009 Page 40 of 60 Payment II Dale Due ConlrllclNumber 7 6/30/2010 17266H Name: VISE LLC DBA CAESAR LITTLE CES Monlhty Payment laleClmrge Amount DUB $116.37 10.00 $126,37 To pay bill online yisit us at w'MY.etifinance.com Paymenlll Dale Due ContraCl Number 8 7/30/2010 172667.8 Name: VISE LLC DBA CAESAR LITTLE CES Monlhty Paymer'l! LaloCharge AmounlOue $116,37 10.00 $126,37 .....'.....h..... ....._....._.......n......... To pay bill online visit us at: W'oWI.etifinance.com .....--... -_._---._--------_.~.-._._------_..__._--_._------~--------------... E,T,I. FINANCIAL CORP. P,O, BOX 829522 PEMBROKE PINES, FL 33082 Paymenl/f Dale Due Conl/ael Number 9 8/30/2010 172667.8 Name: VISE LLC DBA CAESAR LITTLE CES Monthly Payment Late Charge Amount Due $116.37 10.00 $12637 To pay bill online visit us at: 'MVW.etifinance.com ...-........ ............. .............. ................ ............................. hhhi Dear Policy Holder: For your convenience, enclosed please find a set of payment coupons, one of which must be altached to each payment in order to assure proper and correct credillo your account A lale charge as shown wil! be charged 10 each paymenllhat Is received in our offices fiva days aller the due dale. Please follow lhese instructions for making payment: Toar off aod mail payment wilh correct coupon. Do nol send cash. paymants mus! be made in an exact amounl. Avo!d late charges by making your payment on or beforo the dUG date. indicale your Account Number on all correspondence. If more than one payment is being mada, please send ooe coupon for o<lch paymen\. Do not band, staple or mulilale. "You Can Do It All Online! Check 'four Balance and Pay Your Bill." Please Visit Us At www,elifinElIlCe,COlll Agenda Item No, 16G6 December 15, 2009 Page 41 of 60 P.F.I CONSTRUCTION INC. STATE CERTIFIED GENERAL CONTRACTOR L1C#CGC150944 178121 ST SW, NAPLES, FL 34117 PH: 239-348-1959.CELL: 239-384-0126 E-MAIL: PREMIERFINISHES5<1VEMBARQMAILCOM Nov 30, 2009 Attn Luis Velez Project: Little Caesars Pizza 525 15th Street N, Immokalee, FI, 34142 Please find our proposal for your new project on Immokalee City. All work bid per plans & specifications provided by: JC Kosinski Engineering, Inc, Landscape Architecture and Davidson Engineering, Scope of work: Sidewalks: combination of brick pavers and concrete. Replacing 2 front windows and opening one front door entrance. Removing 3 oak trees (per landscaping architecture) replacing old pants for new Ones, repairing and updating the existing sprinkler system for proper irrigation. Painting the entire exterior of the building per plans specification including the existing dumpster. Build out the new entry with new parapet design with all metal and wood framing with lath and stucco Replacing and adding 5 bollards to the parking area Agenda Item No, 16G6 December 15, 2009 Page 42 of 60 New Little Caesars design (2) plus installation including electrical work: Removal of driveway (north side of building) adding a new concrete slab (8 X 28) for new walking cooler and adding fill sod and landscaping Estimated cost of exterior improvements: $61,500,00 m JUTO II\C. COn9..lltanl & ComtlUction Company C.G.C.1509813 5659 Blvd, Suit 105 Naples FI 34110 Phone: (239) 465-2826 Fax, (239) 216-7539 Agenda Item No, 16G6 December 15, 2009 Page 43 of 60 PROPOSAL # 9105 Mr, Lule Velez 4965 Golden Gele Pkway Naples, FI. 34116 Cell: (239) 200.3511 JOB NAME: LITTLE CAESARS IMMOKALEE 525,1511> Slreet N Immokalea, FI, 34142 Wa ara pleased to provide this proposal for labor and material In accordance wllh blueprint from Davidson Englnearlng, Inc,. Paul Klans Landscape Archlleclure and Kosinski Engineering, Inc, Description of the job: Demolition of drlvaway and addition of a concrete slab (per plans specifications) Inslallallon of naw Impact resistant front windows and door (per blue print) Addition of side walks (mixture of brick pavers and concrete) Replacing existing landscaping and bringing It up to code with respecllve Irrlgallon system (per landscaping archlleclure plans) Power wash building and paint II with HC - 173 Edgecomb Gray and 2014.20 Rumba Orange as deplcled on the drawings. Furnish and Install new metal and wood framing with lell1, stucco for new parapet wall. Safety striping on drive thru end walk ways adding bollards were nesd It end repleclng the ones Ihat ara damaged, Installation of LIltle Caesars signs, Including the Pylon snd the new building fe..,de wllh electrical work, Our proposed price for your I.Ilt1e Ceesa(s exlertor work Is $78,000,00 Payment Schedule Deposll 20% 1 Draw when permll Is Issue 30% 2 Drew when job progress Is about half way done 25% 3 Draw when Job Is complete 25% Please convey your acceplance on this proposel by Signing below and ,elurning Of faxing e copy for our recorde. \1'N' H';"~ ~~~ ~63 ~~~ "'",Z ~~~ J =," I' , ' I", 'IT.\ "'f." "''''.~ . _o\l> II I , :l'S'\?~ ',V" \1 ~\. ill ~B,~ " j'. ; ':11, ~~;R . :,-' ! '! " II. ~' ~~g!';J , . ,I, Ii . ~f1~ 2'-ol':;: .'-2' .\' ~;;i" ~ ~', I'. ~ ( .. I,' I' r'i r ' " '!" I " '-- " .~, ' , . ';.'..::. i~i,~ ~~ii~ ~'1'" o > i 7 )' " , , J~ r'c":~'-.~~~::-' fj!l :. I ',! I'';:'' 1[' I_~c_c~ "";'l" il,.", ,'., T""I; 11'" ,,' 1" '" : Ii, II", " ! ' I' '" II, :, , ~I:; !' 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I ., , .., ~~~ ~j ~ t~ LITTLE CAESARS # 1 S 16 IMMOKALEE, Fl r~- 7',81/2" 4' 0" H2'~~~~8"H 1 t 2'-87/8" L .-"'-- 8'..3 t/4" 1'..73/4" ..L- -.--- 1'-73/4' ..L- TOTAL SQFT - 63,7S' NOlli: All EXPOSED PORTIONS OF CABINET, POLE COVER. & RETAINERS TO DE PAlmED BLACK I 1--- 4'-1" -.J I f.------ 5'-9 7/8" -...j CUSTOM PAN,FORMED FACE REPLACEMENT SCALE: 1/4"= 1'-0' SUPERIMPOSED PHOTO SCALE: 1/4'= 1''{)' TIU~t<imEPROKJm'OFTHOIo\.Uw.Na ,II aJ.JPfC. mflGHlSmTT5USlfOARU"'OIlOClJlltlNff:~l!J'(lHOu.uSl<il-l"IM_c-QI'lC.C:Iu.J:W..r;TJR,FL DATi 11/1)109 aJUtT lnTtECAESARS.1S16 DESIGN HUMIER 46886BSlfAC. K\11Y::lNl;Jl' Il<StA1WlOlt ADDIlnS 525 lSthsmmNORTlI on nAn u.v.lOIl'.AlU: rL uw.i.1Nill ~!Nt!gQ!!! 4590 1181h AVENUE NORTH. CLEARWATER. Fl . 33762 800,526-3325 . 727-573.7757 . FAX 727.573.0328 Rli\Is.lH:LX 1Fl~":1 'AU< Atp "" ARTIST UlA ml9Jl'1s,J: 1ao\\\IO/j&X /\<:1,1):1":,,;",,,1'''': "I",', Edgecomb Gray HC-1"13 ThIS color is part of the HistorIc Color Coloclion. A collecl1on of 174 lime.llonored hues comprises our mosl popular palette. Steeped In IradlUon, the refined, elegant colors of the Historical Collection deliver timeless color that can be used In traditional as well as contemporary spaces. Inspired by the documented colors found in 18Ul- and 19U1.century arcl1itecture, these classic, inviting tones continue to serve us well today. Part of these Benjamin Moore Collections: Historical Colors Pottery Barn ~~;j.~..Or~";'~' ~~,~~ ';';;';';';;~~:~ ~:~;,:~: ;.~~:'~~ ~'~'l:,~~ ~,~o~:~ 't ~ '" ..,I,,' Rumba Orange 2014-20 This color is patt of Color Pre~'l. A collection of bold, saturated colors that hfUlgS spaces to life for those looking to ilJuminale Heir VJol1d with pure, exlraordinaIy color. A great complement to Classic Colors. Color Preview offers a colleclion of 1,240 hues that excile and illSpirewith pure, deep, c1earcolols thaI crea!e striking combinations. Part of these Benjamin Moore Collections: Color Preview :t'~:::.';~:~S-';'~w;~':-~,~~::;~l.~.!JI;,.~~t~' ~1.~~'~~,~ ': '" ), t< ,~ M-~'j, " (,.." . ~.;. ...~:. r,y' , .' " " l.-. .' .~ - 4965 Golden Gate Pkwy, Naples, FI. 34116 Phone: (239) 455 9555 . Fax: (239) 2364555 E-mail: velez.l1enao@gmail.com LittleC aesars,com/N aples .--- \ 4965 Golden Gate Pkwy. Naples, FI. 34116 Phone: (239) 455 9555 . Fax: (239) 236 4555 E-mail: velez.henao@gmail.com LittleC aes ars, com/N a pies . VELEZ HENAO INC. ,.-.,..... , .. 'J' > ...- 0, " . ',1' ," - ~. ,( "."'. , ;,.,). .... J.. '. :,t J.\.' , ~ '. ! 4965 Golden Gate Pkwy, Naples, FI. 34116 Phone: (239) 455 9555 . Fax: (239) 2364555 E-mail: velez.henao@gmail.com LittleC ae s ars, c om/N apl es Contractor Certification Detail Page Agenda IterHlHw lOOUl December T5. 2009 Page 55 of 60 Collie]' COli n ty - -- Ft OIUDA . Contractor Details Class Code: 1010 Class Description: GENERAL CONTR.--CERTIFIED Certificrttion Number: 28473 Originaltssue Dale: 1/912006 Ccrtiticntion Status: ACTIVE EXl,iralion Dale: 8/3112010 County Comp Card: Slate Number: CGC 1509544 Slale Expimtion Dale: 8/31/2010 Doing Business As: PREMIER FINISHES. INC. Mailing Address: 1781 21ST ST. S.W. NAPLES, FL 34117- Phone: (239)455-7084 Fax: (239)455-7084 13JJd:: Copyrlght@2003,2007 Collier Counly Government. 3301 E, Tamlami Trail, Naples, FL 34112 I Phone 239-774-8999 Slle Mop I Privacy Polley and Disclaimer I Webslle developed by Vision Inlernel http://apps2.colliel'gov ,net/webapps/vision/ConCel't/Delail.aspx?cel't=284 73 11/25/2009 I www.sunbiz,org - Department of State Agenda lterFttiJ;e IEXffi2 December 15, 2009 Page 56 of 60 Home Contact Us E-Flllng Services Document Searches Forms Help previous Q!lLiitl Next on Lis! Return TQJJst IEntity Name Search! Submitj lOlLents No Name History Detail by Entity Name Florida Profit Corporation PREMIER FINISHES, INC, Filing Information Document Number P04000096901 FEIIEIN Number 342021886 Date Flied 06/17/2004 State FL Status ACTIVE Last Event CANCEL ADM DISS/REV Event Date Filed 10/07/2005 Event Effective Date NONE Principal Address 1781 21ST STREET SW NAPLES FL 34117 Changed 04/10/2009 Mailing Address 1781 21ST STREET SW NAPLES FL 34117 Changed 04/10/2009 Registered Agent Name & Address TORRES, PEDRO 1781 21ST STREET SW NAPLES FL 34117 US Name Changed: 04/10/2009 Address Changed: 04/10/2009 OfficerlDirector Detail Name & Address Title DPST TORRES, PEDRO 1781 21ST STREET SW NAPLES FL 34117 Annual Reports Report Year Flied Date 2007 01/08/2007 http://sunbiz.org/scripts/cordct.cxe?action=DETFI L&inq_ doc _nUlnber=P0400009690 1 &i.,. 11/25/2009 www.sunbiz.org - Depaliment of State 2008 04/25/2008 2009 04/10/2009 Document Images 04/10/2009 -. ANNUAl, R~PORT 04/25/2008 n ANNUAl, REPORT 06/07/2007 "Beg, Agent Ci]~Dge : 01/08/2007.. ANNUAL REPORT 05/08/2005.:: ANNI,JAl REpORT 10/07/200[$.:: REINST AT~M~NT 06/17/2004.,- DomesHc Pf9Vl View imege In PDF formet I View imege in PDF formel I view imege In PO" formet I View image'n PDF formet I View image in "'rll= foiniel ./ View imege In PDF formet I View imegeln PDF format I I Note: This Is not official record, See documents If question or ""nfilc!.1 . ... ..... .. -:- -:- ... preylQus OJl.b.ls, Ne~I..9n Lis, Bl1lurn TO_bl'l I;~!.~nti No Name History I Home 1 Contact us [ Document Searches I E~Fillng Services 1 Forms I Help I Copyright and Privacy Policies Copyrlght@ 2007 State of Florida, Department of Slale. Agenda IteJ;'~ ~ December 15, 2009 Page 57 of 60 IEntlty Name Seerch I Submit I http://suubiz.org/scripts/cordct,exe?action=D ETFIL&in<L doc _uumber=P0400009690 1 &i... 11/25/2009 Contractor Certification Detail Page Agenda Iterf/~ IIllfEi December 15, 2009 Page 58 of 60 -- Collie~~~D?nnty ..0 . I Class Corle: 1010 GENERAL CONTR.-- CERTIFIED Contractor Details Class Description: Ccrlificntioll Nll!llbel': Original Issue DHle: Certification Status: Expiration Date: COUllly Camp CC1rd: 27868 9/2912005 ACTIVE 8/31/2010 Doing Business As: JUTO, INC. Mailing Address: 5625 STRAND BLVD., #313 NAPLES, FL 34110, Phonc: (239)597-4897 Fax: (239)597-4821 B:ll:K Stale Number: CGC 1509813 State E'pimtiou Dale: 8/31/2010 Copyrighf @2003-2007 Collier County Government. 3301 E. Tamiami Troit Naples, FL 34112 J F'hone 239-774-8999 Site Map [ Privacy Policy ond Disclaimer I Websilo developed by Vision Internet http://apps2,colliergov,netlwebapps/vision/ConCert/DetaiLaspx?cert=27868 11/2512009 www,sunbiz.ol'g - Department of State Agenda Ite~~ lERftf December 15, 2009 Page 59 of 60 Home Cont.ct u. E-Flllng S.rvlc.. Document Searches Forms H.lp f'rulO_U_UlJl LI.t NuloDJ.I.t ReMo.:nLLJ.t IEnlityName Search; 'Submit I Event,,- No Name History Detail by Entity Name Florida Profit Corporation JUTO, INC, Filing Information Document Number P02000102758 FEIIEIN Number 562295222 Date Flied 09/20/2002 Stste FL Status ACTIVE Lest Event CANCEL ADM DISS/REV Event Date Flied 11/09/2004 Event Effective Date NONE Principal Address 5633 STRAN D BLVD 313 NAPLES FL 34110 US Changed 04/28/2009 Mailing Address 5633 STRAND BLVD 313 313 NAPLES FL34110 US Changed 04/2812009 Registered Agent Name & Address PANQUEVA,ALBERTO 5633 STRAND BLVD, 313 NAPLES FL 34110 US Address Changed: 04/28/2009 Officer/Director Detail Name & Address Tille OS PANQUEVA,ALBERTO 5633 STRAND BLVD, SUITE 313 NAPLES FL34110 US Annual Reports Report Year Flied Date http://sunbiz.org/scripts/cordet.exe?action=DETFIL&in~ doc _number=P02000 102758&i... 11/25/2009 www.sunbiz,org - Department of State Agenda Itenf~e 70\162 December 15, 2009 Page 60 of 60 2007 04/18/2007 2008 06/24/2006 2009 04/28/2009 Document Images -..... '. . ..._-..--- View image in PDF format I I I I I I I I 04/28/2009.. ANNUAL REPORT 06/24/2008.. ANNUflL REPORT 04/16/2007 .C ANNUAL REPORT 04/28/2006.. ANNUAL REPORT OS/20/2005.. ANNUAL REPORT 1i!09/2004 .. REINSTATEMENT 09/09/200)" ANNUAL REPORT View image In PDF format , . View image in PDF formal View image in PDFJormat m...." . "0__ ..___ View image In PDF formal --. .... --- View image in PDF format View image In PDF format Vi~w image in PDF format 09/20/2002.. Domestic Profit fN~te: This is not official record, See documents if que-stion or conflictJ preViOUS on llsJ Next"n Ljg Return.IQ.LJst I;.vent~ No Name History IEntity Name Search [ Submit I I Horne I Contact llS r Document Searches I l-liling Services I Forms I Help I Copyright ilnd Privacy Policies Copyright (g 2007 State of Florida, Oepilrtmcnt of State. http://sunbiz,org/scripts/cordel.exe?action=DETFIL&in<L.doc..number=P02000I02758&i...II/25/2009