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2019 Loan Subsidy Nation Oak AvePrepared by: David Hall, Esquire Stenstrom, McIntosh, Colbert & Whigham, P.A. 1001 Heathrow Park Lane Suite 4001 Lake Mary, Florida 32746 (407)322-2171 Return to: Sonia Fonseca, Executive Director Community Redevelopment Agency City of Sanford 300 North Park Avenue Sanford, Florida 32771 (407)562-2820 GRANT MALOY, SEMINOLE COUNTY CLERK OF CIRCUIT COURT & COMPTROLLER CFN# 2020018343 Bk:9540 Page:409-116 (813gs) REC: 02/18/2020 10:36:30 AM by hdevore RECORDING FEES $69.50 CITY OF SANFORD LOAN SUBSIDY AGREEMENT AND GRANT OF LIENHOLD INTEREST RELATING TO NATION OAK AVENUE I, LLC. THIS LOAN SUBSIDY AGREEMENT AND GRANT OF LIENHOLD INTEREST (hereinafter the "Agreement") is entered into this _15th_ day of March, 2019 by NATION OAK AVENUE I, LLC, a Florida limited liability company, whose address is 570 Crown Oak Centre Dr., Longwood, Florida 32750, (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 25-19-30-5AG- 0405-0010. (See Exhibit "A" attached hereto for legal description of the Property) The CITY hereby subsidizes the financing of the new construction efforts relative to the redevelopment of the Property in the sum of up to, but no greater than, TWENTY FIVE THOUSAND AND NO/100THS DOLLARS U.S. ($25,000.00), as part of a total Page I project and loan that approximates FOUR HUNDRED FORTY SIX THOUSAND DOLLARS AND NO/100THS DOLLARS U.S. ($446,000.00), said project involving certain construction work on 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 recording fees that are associated with this matter and incurred by the CITY of whatsoever type or nature. (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 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 construction and/or 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 construction, renovation, and improvements 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 Page 2 interests except as to the indebtedness of the OWNER to the Primary Lender identified as N/A f'r (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 Seminole County, Florida at the expense of the OWNER (to include, but not be limited to, the payment of the documentary stamp tax and recording fees). (7). The OWNER and the CITY agree that the amounts set forth above as the CITY's financial supplementation of the construction, 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 1/10"' of the grant amount reduced annually on the anniversary of the issued Certificate of Occupancy for the project described in the OWNER's new construction application filed with the Sanford Community Redevelopment Agency ("CRA") on January 31, 2019. Page 3 (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 construction, renovations, improvements and subsequent maintenance of the Property to the satisfaction of the CITY, the OWNER shall repay said sums to the CITY 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 by this reference made a part hereof, is completed in a good and workmanlike manner and that all work shall be accomplished in strict conformance with all applicable Federal, State, County and City codes, laws, regulations and ordinances. (b). To commence the specified work within 60 0/months) and complete the work within one calendar year of the CRA award date, unless otherwise agreed to by the parties in a written amendment of this Agreement executed by all parties hereto. (c). To ensure that all work on the project is bonded and guaranteed for a period of at least one (1) year after completion against defects in workmanship and materials. (d). To hold the CITY harmless from and against any and all loss, cost, damage and/or expense in any way related property damage, personal or physical Page 4 injury occurring as a result of work done 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 for the project which terms and conditions are incorporated herein by this reference. (f). Upon any sale or transfer of the Property, the OWNER shall immediately notify the CITY of such sale or transfer and the OWNER will satisfy any outstanding obligation as provided herein to the CITY prior to or at the closing of the sale or transfer of the Property. (g). Upon expiration or satisfaction of the CITY's lien, the OWNER shall be entitled to request a satisfaction of the lien, in recordable form, from the CITY. The expense and recordation of the satisfaction of lien shall be the responsibility of the (h). Any failure by the OWNER to notify the CITY of the sale or transfer of the Property or the failure of the OWNER to maintain the Property in compliance with CITY codes and ordinances or the failure to satisfy the conditions of this Agreement shall result in the total original principal amount (as set forth hereinabove) becoming immediately due and payable to the CITY. (i). Payments or correspondence required by this Agreement to or 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. Page 5 SIGNATURE BLOCKS FOLLOW: Owner/Nation Oak Avenue I, LLC A0M11 2 Printed name of witness Acknowledgment State Of Florida ) County Of Seminole ) I hereby Certify that on this day, before me an officer duly authorized to administer oaths and take acknowledgments, personally appeared Mark Nation as the Manager of Nation Oak Avenue I, LLC, a Florida Limited Liability Company, who is personally 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 )61 day of -Ica c� +^nom✓ A.D. 2019. N tary Public, State of Florida My Commission Expires BETH H. WHITAKER Woo1+Bu i&ON # (i(i 344951 ,�" ...p:°`� Bonded iTxuitru Nofi�y PubBC20Un=wrlMti Page 6 AGREEMENT BY THE CITY OF SANFORD In Witness Whereof, the City of Sanford has signed and sealed these presents the day and year first above written and agrees to the terms and con 'tions hereof. Attest: CITY OF SANFORD Traci Houchin City Clerk Approved As To Form Ani Attorney Jeff Trip �P+riPO.q.b 0 � O mpg i APPROVAL FOR FUNDING BY COMMUNITY REDEVELOPMENT AGENCY In Witness Whereof, the Community Redevelopment Agency of the City of Sanford has approved the funding set forth in this Agreement and certifies that the funding is consistent with the Community Redevelopment Plan and that funds may be lawfully drawn from the Community Redevelopment Trust Fund. Attest: onia Fonseca, Executive Director Approved: Cynt is in say, Treasurer Page 7 CITY OF SANFORD COMMUNITY REDEVELOPMENT AGENCY Charles Dav,is� irperson Date:L EXHIBIT "A" (Legal Description) Lots 1, 2, 3, 6, 7, 8, and 9, BLOCK 4, TIER 5, E.R. TRAFFORD'S MAP OF THE TOWN OF SANFORD, according to the plat thereof as recorded in Plat Book 1, Pages 56 through 64, Public Records of Seminole County, Florida, together with former railroad right-of-way located to the East of said Lots 6, 7, 8 and 9 and to the West of said Lots 1, 2, and 3, all in BLOCK 4, TIER 5, E.R. TRAFFORD'S MAP OF THE TOWN OF SANFORD, according to the Plat thereof, as recorded in Plat Book 1, Pages 56 through 64, Public Records of Seminole County, Florida. Page 8