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1543* Subsidy Agmt E Seminole Bv/Riverwalk PizzeriaPrepared by Lonnie N. Groot, Esquire Stenstrom, McIntosh, Colbert, Whigham & Partlow, P.A. 1001 Heathrow Park Lane Suite 4001 Lake Mary, Florida 32746 (407) 322 -2171 Return to Nicholas McCray, Director Community Redevelopment Agency City of Sanford 300 North Park Avenue Sanford, Florida 32771 MANY{ W)R'+, CLERK W CIRGUIT COURT SEMMIE C"TY �`k BK 07990 Pqs 0989 - 9981 (10pgs) 1 � CLERK'S # 2012131945 RECORDED 11/01/2012 0W4t20 PN MTS DOC TAX 399.00 REWRDIN8 FEES 96.50 REWHOED BY T Smith Tax Parcel Identification Number: 25- 19 -30- 515 - 0000 -001 D CITY OF SANFORD LOAN SUBSIDY AGREEMENT AND GRANT OF LIENHOLD INTEREST RELATING TO 350 EAST SEMINOLE BOULEVARD /RIVERWALK PIZZERIA THIS LOAN SUBSIDY AGREEMENT AND GRANT OF LIENHOLD INTEREST is entered into this day of Akyemae -1 ' , 2012 by VANIK INVESTMENTS, / LLC, whose corporate address is 350 East Seminole Boulevard, Sanford, Florida 32771, (hereinafter referred to as the "OWNER "'), and the CITY OF SANFORD, a Florida municipal corporation, whose address is 300 North Park Avenue, Sanford, Florida 32772, (hereinafter referred to as the "CITY "). This Agreement is for the benefit of the OWNER relative to the following described real property (hereinafter the "Property ") and the CITY shall have the rights hereinafter set forth as to the Property: Tax Parcel Identification Number 25-19-30-515-0000-001D (See the Exhibit "A" attached hereto and incorporated herein by this reference thereto). The Property is generally addressed as follows: 350 East Seminole Boulevard located in the City Limits of the City of Sanford or: In this case a long term lessee. Appropriate joinders are included in this document. The City of Sanford is the fee owner of the Property. Page 1 A PORTION OF LOT 1, SANFORD RIVERFRONT PROJECT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 14, PAGE 88, PUBILC RECORDS OF SEMINOLE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHEAST CORNER OF LOT 1, SANFORD RIVERFRONT PROJECT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 14, PAGE 88, PUBILC RECORDS OF SEMINOLE COUNTY, FLORIDA, AND RUN NORTH 0 0 00'00" EAST ALONG THE EAST LINE OF SAID LOT 1, 113.98 FEET; THENCE LEAVING SAID EAST LINE RUN SOUTH 90 0 00'00" WEST 125.37 FEET; THENCE RUN SOUTH 0 0 00'00" EAST 66.55 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 1; THENCE RUN SOUTH 69 0 16'45" EAST 134.04 FEET TO THE POINT OF BEGINNING. The CITY hereby subsidizes the financing of the renovation efforts relative to the redevelopment of the Property in the sum of up to, but no greater than, ONE HUNDRED THIRTEEN THOUSAND NINE HUNDRED THIRTY -SEVEN AND NO /100THS DOLLARS U.S. ($113,937.00), as part of a total project and loan that approximates TWO HUNDRED EIGHTY THOUSAND SIXTY -NINE AND NO /100THS DOLLARS U.S. ($280,069.00) of work on the project and the Property. This subsidization being made under the following terms and conditions: (1). The actual amount awarded by the CITY to the OWNER shall be less the charges incurred by the CITY for any draw inspections required by the CITY and all legal and recording fees that are associated with this matter and incurred by the CITY of whatsoever type or nature as determined by the CITY. (2). The purpose of this Agreement is to implement a program of the CITY, as set forth in Ordinance Number 2009 -4162, as codified in the City of Sanford City Code at Section 2 -369, which has been legislatively developed to encourage the renovation and productive use of the Property which is located in the Sanford Lake Monroe Page 2 Waterfront and Downtown Sanford Community Redevelopment Area within the City Limits of the City of Sanford and to assist business owners such as the OWNER to redevelop properties located within the City of Sanford for the benefit of the public. (3). The CITY's grant to the OWNER, as set forth herein, will provide a subsidy to the OWNER to effectively reduce the interest rate on the OWNER's financing which is necessary for funding the building renovations /rehabilitation occurring on the Property. (4). The OWNER has obtained financing for the Property in order to assist in the funding and implementation of the renovation and improvement, thus rehabilitation, of the structures located on the Property. The OWNER covenants and agrees that the status of title of the Property is such that the CITY will have first and priority position as to any and all lienhold interests except as to the indebtedness of the OWNER to Wilson Center, Inc. (5). The OWNER covenants and agrees that the financing from the CITY or otherwise, shall be used, or has been used, solely relating to the renovation and improvement of the Property and exclusively used for the purposes set forth in the OWNER's grant application filed with the CITY relative to the Property which is deemed to be incorporated into this Agreement by this reference thereto. (6). The OWNER and the CITY agree that, in order to secure the use of the public funds as set forth herein, the CITY shall have a lienhold interest relative to the Property upon the recording of this Agreement in the Official Records (Land Records) of 2 It is recognized that the City of Sanford is the fee owner of the Property and is the landlord /lessor under a long term lease with Wilson Center, Inc. being the tenant/lessee. 3 Notwithstanding the fact that the grant application may have been made and acted upon under another name or entity. 4 See prior footnotes. Page 3 Seminole County, Florida at the expense of the OWNER (to include, but not be limited to, the payment of the documentary stamp tax). (7). The OWNER and the CITY agree that the amounts set forth above as the CITY's financial supplementation of the renovation /rehabilitation financing shall be reduced annually, consistent with the terms of this Agreement, such that credits shall occur and be implemented by equal amounts of reduction of the OWNER's indebtedness to the CITY, for a period of ten (10) years and, during such period of time, the CITY shall hold a declining balance lien upon the Property. The declining balance calculation is set forth in Exhibit "B" to this Agreement attached hereto and incorporated herein by this reference thereto. (8). The OWNER accepts the funds set forth herein from the CITY for the purposes herein stated. The OWNER hereby grants unto the CITY, in accordance with the terms of this Agreement a lien on the Property. Should the OWNER sell or transfer title to the Property without completing the renovations and improvements of the Property to the satisfaction of the CITY, the OWNER shall repay said sums to the CITY immediately upon demand of the CITY. (9). The OWNER additionally covenants and agrees to the following terms and conditions: (a). To ensure that the work for the project set forth in the specifications provided to the CITY and made a part hereof in a workmanlike manner and all work shall be accomplished in strict conformance with all applicable Federal, State, County 5 See prior footnotes. Page 4 and City codes, laws, regulations and ordinances and the OWNER shall ensure that the CITY's local business tax is paid each year in the amount established by the CITY. (b). To commence the specified work within and complete the work as set forth in the application filed with the CITY. (c). To ensure that all work accomplished is bonded and guaranteed for a period of at least one (1) year against defects in workmanship and materials. (d). To hold the CITY harmless in the event of property damage, personal or physical injury occurring as a result of working on the project and in any way relating to the Property. (e). To adhere to, and comply with, all terms and conditions of the grant program of the CITY under which funds have been paid to the OWNER which terms and conditions are incorporated herein by this reference thereto. (f). Upon any sale or transfer of the Property, the OWNER shall immediately notify the CITY of such sale or transfer and to satisfy any outstanding obligation as provided herein to the CITY. (g). Upon expiration or satisfaction of the lien, the OWNER shall be entitled to have a satisfaction of the lien filed for record by the CITY at the expense of the OWNER. (h). Any failure to notify the CITY of the sale or transfer of the Property or to maintain the Property in compliance with CITY codes and ordinances or to satisfy the conditions of this Agreement shall result in the total original principal amount becoming immediately due and payable. Page 5 (i). Payments or correspondence required by this lien for the CITY, shall be directed to the CITY's Community Redevelopment Agency or its successor. In Witness Whereof, the said OWNER has signed and sealed these presents the day and year first above written. Attest: r F itness S'gnature Printed Name Of Witness ess Sign 41/"..j Printed Name Of Witness OWN WWtjikjAvpMypents, LLC ALPR-EDO COLIMODIO Sole Corporate Officer Acknowledgment State Of Florida ) County Of Seminole ) The foregoing was sworn to and subscribed before me this day of d✓ A.D. 2011, by Alfredo Colimodio, the OWNER, who is ersonally known to me or who produced as identification and who did execute the foregoing document under oath or affirmation. Witness my hand and official seal in the County and State aforesaid this day of A- 4 ✓ , A.D. 2011. Stamp and /or seal: otary Public, Sta2re of Florida My Commission Expires: P; — Z — 4 — / �r� fiyi RON SEMANS 9 MY COMMISSION # EE 006594 EXPIRES: Au 27, 2014 p� h Bonded Thru Notary Public undenwflers Page 6 JOINDER AND CONSENT BY WILSON CENTER, INC. In Witness Whereof, the WILSON CENTER, INC. joins into and consents to and has signed and sealed these presents the day and year first above written and agrees to the terms and conditions hereof. Attest: P Sign ure of Authorized Officer Yvette Horian WILSON CENTER INC Signature of Au Officer Robert L. Horian President, Etc. /Director Acknowledgment State Of Florida County Of Seminole ��T foregoing V of ) V , A. D produced was sworn to and subscribed before me this day 2011, by Robert L. Horian wh <s personally know me or who as identification and who did execute the foregoing document under oath or affirmation. Witness my hand and official seal in the County and State aforesaid 09 r day of Vo v , A.D. 2011. RoNSEMANS lic, State of Florida MY COMMISSION # EE 006594 ( — f EXPIRES; August 27, 2014 PF° Bonded Thru Notay Public Underwritem My Commission Expires: 6 The long term lessee of the property owner, the City of Sanford. Page 7 Printed Name of Witness AGREEMENT AND JOINDER AND CONSENT BY THE CITY OF SANFORD In Witness Whereof, the CITY OF SANFORD joins into and consents to and has signed and sealed these presents the day and year first above written and agrees to the terms and conditions hereof. Attest. (JAO - A:�& anet Dougherty City Clerk Approved As To Form And Legality: 1liam L. Colbert / :y Attorney CITY OF SANFO Jeff Trip 7 The City of Sanford is the fee owner of the property. Page 8 r7nvbcf .hitx� �. CFiA Parcel: 25- 19 -30- 515 - 0000 -001D r ` • `t Q �T Lam- A $ "�+' ■ ■ Owner: SANFORD CITY OF C/O WILSON CENTER INC HORIAN ROBERT '�aF.MMtiKyI.E Cl7tJA(TY. F1,C7��/4 Property Address: 350 E SEMINOLE BLVD SANFORD, FL 32771 < Back I Save Layout Reset Layout j FNe, Search - ------------------- - -- -- - -- - - -- r -- - - - - -- -- -- --- - -- Parcel: 'S 19 -30 515 - 0000 -OOID 1 Value Summary - - _ -- --- --------------- Property Address: 350 E SEMINOLE BLVD Owner: SANFORD CITY OF C/O WILSON CENTER INC HORIAN ROBERT I Mailing: 541 N PALMETTO AVE #105 SANFORD, FL 32771 Subdivision Name: SANFORD RIVERFRONT PROJECT Tax District: S3- SANFORD - WATERFRONT REDVDST fr Exemptions: i DOR Use Code: 89- MUNICIPAL(EXC:PUB SCH &HOSP) k Legal Description Tax Amount without SOH: $5,664 2011 Tax Bill Amount $5,664 Tax Estimator Save Our Homes Savings: $0 Does NOT INCLUDE Non Ad Valorem Assessments PT OF LOT 1 DESC AS BEG SE COR RUN N 113.98 FT W 125.37 FT S 66.55 FT S 69 DEG 16 MIN 45 SEC E 134.04 FT TO BEG SANFORD RIVERFRONT PROJECT PB 14 PG 88 Taxing Authority 2012 Working 2011 Certified Taxable Value Values Values Valuation Cost /Market Cost /Market Method $0 $281,269 Number of $281,269 $0 Buildings 1 1 Depreciated $208 $210,919 Bldg Value $0 $281,269 Depreciated $5,304 $5,464 EXFT Value Land Value $67,896 $67,896 (Market) Land Value Ag Just /Market $281,269 $284 Value ** Portability Adj Save Our Homes $0 $0 Adj Amendment 1 $0 $0 Adj Assessed Valuel $281,269 $284,279 Tax Amount without SOH: $5,664 2011 Tax Bill Amount $5,664 Tax Estimator Save Our Homes Savings: $0 Does NOT INCLUDE Non Ad Valorem Assessments PT OF LOT 1 DESC AS BEG SE COR RUN N 113.98 FT W 125.37 FT S 66.55 FT S 69 DEG 16 MIN 45 SEC E 134.04 FT TO BEG SANFORD RIVERFRONT PROJECT PB 14 PG 88 Taxing Authority Assessment Value Exempt Values Taxable Value County General Fund $281,269 $0 $281,269 Schools $281,269 $0 $281,269 City Sanford $281,269 $0 $281,269 SJWM(Saint Johns Water Management) $281,269 $0 $281,269 County Bondsi $281,269 $0 $281,269 _. Sales Deed Date Book Page Amount Vac /Imp Qualified Find Comparable Sales within this Subdivision Method I Frontage Depth Units I Unit Price I Land Value SQUARE FEETI 11,316.0001 6.001 $67,896 ­_ _ Building Information Exhibit "B" Sanford Downtown Waterfront CRA Rehabilitation Loan Subsidy Program Amortization of Lien for Recording Purposes For Loan Subsidy given to RiverWalk Pizzeria, LLC 350 E. Seminole Blvd. Loan date Loan Amount $ 113,937.00 Lien Dates Lien Amount From 11/1/2012 - 10/31/2013 $ 113,937.00 From 11/11/2013 - 10/31/2014 $ 102, 543.30 From 11/1/2014 - 10/31/2015 $ 91,149.60 From 11/1/2015 - 10/31/2016 $ 79,755.90 From 11/1/2016 - 10/31/2017 $ 68,362.20 From 11/1/2017 - 10/31/2018 $ 56,968.50 From 11/1/2018 - 10/31/2019 $ 45,574.80 From 11/1/2019 - 10/31/2020 $ 34,181.10 From 11/1/2020 - 11/1/2021 $ 22,787.40 From 11/1/2021 - 11/1/2022 $ 11,393.70