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1857 CRA - Subsidy Agrmnt 300 E 2nd St/2ND Street StationPrepared Jennifer D. Cockcroft, Esquire Stenstrom, McIntosh, Colbert &Whigham, P.A. 1001 Heathrow Park Lane Suite 4001 Lake Mary, Florida 32746 (407) 322-2171 Return to: Bob Turk, Director Community Redevelopment Agency City of Sanford 300 North Park Avenue Sanford, Florida 32771 G�2-k Tax Parcel Identification Number 25-19-30-5AG-0301-0090 GRANT Y? CLERK OFnALOCIRCUITSEMINOLE COURTCOUNTY & COMPTROLLER BK 8964 P:9S 791-303 (13P9s) CLERK'S a 2017078017 RECORDED 08/02/2017 12:29:21 PM RECORDING FEES 5112.01) RECORDED BY tsmith CITY OF SANFORD REDEVELOPMENT SUBSIDY AGREEMENT AND GRANT OF LIENHOLD INTEREST RELATING TO 300 EAST SECOND STREET/2ND STREET STATION LLC THIS REDEVELOPMENT SUBSIDY AGREEMENT AND GRANT OF jij W- 9P11 LZ LIENHOLD INTEREST is entered into this day of a Lt..&& iW-4 by 2ND STREET STATION, LLC., whose corporate address is 701 Sunbury Drive, Winter Springs, FL 32708, (hereinafter referred to as the "OWNER"), and the CITY OF SANFORD, a municipal corporation of the State of Florida, 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-0301-0090, (Please see Exhibit "A" attached hereto and incorporated herein by this reference thereto). The Property is generally addressed as follows: 300 EAST SECOND STREET located in the City Limits of the City of Sanford and more particularly described as follows: Page 1 I TOWN OF SANFORD LOTS 9 AND 10, BLOCK 3 TIER I AND THE EAST TWO FEET OF STREET ADJOINING ON WEST, TOWN OF SANFORD, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 58, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA. The CITY hereby subsidizes the costs of the renovation efforts relative to the redevelopment of the Property in the sum of up to, but no greater than, FORTY-NINE THOUSAND EIGHT HUNDRED THIRTY AND NO1100THS DOLLARS U.S. ($49,830.00), as part of a total project that approximates ONE HUNDRED AND TWENTY TWO THOUSAND FOUR HUNDRED EIGHTY SEVEN AND NO/100THS DOLLARS U.S. ($122,487.00) 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 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. Page 2 (3). The CITY's grant to the OWNER, as set forth herein, will provide a subsidy to the OWNER to effectively reduce the costs necessary for funding the building renovations/rehabilitation occurring on the Property. (4). The OWNER is self financing the costs of the project for the Property in 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. (5). The OWNER covenants and agrees that the financial assistance 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). (7). The OWNER and the CITY agree that the amounts set forth above as the CITYs financial supplementation of the renovation/rehabilitation 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 OWNERs indebtedness to the CITY, for a period of ten (10) years and, during such period of time, the CITY shall hold Page 3 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 and City codes, laws, rules, regulations and ordinances and the OWNER shall ensure that the CIIYs 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. Page 4 (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 ISMM",- (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. (i). Payments or correspondence required by this lien for the CITY, shall be directed to the CITY's Community Redevelopment Agency or its successor. (j). CITY reserves the right to place inspectors at the work site in order to ensure proper expenditure of the grant funds provided under this Agreement The CITY does not assume liability for the quality of work performed under this Agreement. Further, the CITY .will not act in a supervisory capacity during the course of the rehabilitation project. Page 5 (k). CITY may audit or review any and all records or documents pertaining to this Agreement at any time. (1). OWNER shall ensure that this Agreement is performed and executed in a non-discriminatory manner, consistent with State and Federal civil rights legislation. All services and access shall be available without regard to race, creed, color, handicap, familial status, disability, religion or national origin. (m). OWNER shall maintain written records and accounts documenting all expenditures relating to this Agreement. The OWNER shall maintain these documents for a minimum or three (3) years from the date of final completion of the rehabilitation project, or until final resolution of any matters involving costs, audit concerns, or related matters. OWNER acknowledges that this Agreement and any related documents may be subject to disclosure to members of the public pursuant to the Florida Open Records Act, contained in Chapter 119 of the Florida Statutes. If OWNER fails to comply with the provisions of Chapter 119, CITY may terminate this Agreement and OWNER shall not be entitled to further disbursement or other benefit of this Agreement. (10). This Agreement does not constitute a waiver of any local ordinances, codes or regulations. (11). This Agreement is executed in Seminole County, Florida and performance and interpretation of this Agreement shall be construed in accordance with the laws of the State of Florida. Any action or litigation related to this Agreement shall be heard in the appropriate courts of Seminole County, Florida, and each party waives the right to trial by jury. Page 6 (12). If any part, term or provision of this Agreement is found to be invalid by a Court to be illegal or in conflict With any other term, part or provision then the remaining provisions, parts and terms shall remain valid and in effect and eligible for enforcement. In Witness Whereof, the said OWNER has signed and sealed these presents the day and year first above written. WITNESS ONE: 'L 0"q clwlb�'-AL -18IGNATURE PRINTED: S(&Y-e-eno, Co YJ - OWNER 2ND STF Sidney ATION, LLC Margaref,VV. Bashore Authorized Member WITNESS TWO: Page 7 Acknowledgment - Sidney M. Bashore, Jr. STATE OF FLORIDA COUNTY OF SEMINOLE The foregoing was sworn to and subscribed before me this cjd, day of• A.D. 201by Sidney M. Bashore, Jr., as Authorized Member on behalf of -OWNER, 2ND STREET STATION, LLC. and who is personally known to me or� produced:,) FN t- e .. /I 1a 3 // P as identification and who did-exere-Ofe the foregoing document under oath or affirmation. Witness my hand and official seal in the County and State aforesaid this -d-1A day of ,4z L-- _,A.D. 2 a - 0 1 - ] Stamp and/or seal: ---------- DEBBIE BLANTON MY CONWSION # FF 178648 AN arty Public, State of Florida EXPIRES: February 25, 2019 Boded Tbfu Wary Pubft UridemAten Printed Name. tse-btoie-- My Commission Expires: Acknowledgment - Margaret Bashore STATE OF FLORIDA COUNTY OF SEMINOLE T�e foregoing was sworn to and subscribed before me this day of 20q A.D. �@F,v by Margaret W. Bashore as Authorized Member on behalf of (3WNER, 2ND STREET STATION LLC. and who is personally known to me or who L L produced: -ak // &/ 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 thisi-I day of , jZj,- , A.D. �-O I ') Stamp and/or seal: DEBBIE BLANTON My COMMISSION # rF 178648 k Notary Public, State of Florida EXPIRES: Febtuary 25, 2019 Boded Thm Notary Pubs Ur&mteis Printed Name:�c---b b, C - My Commission Expires: 6=-1 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 conditions hereof. A ATTEST- SANFORD o V, Cyntlita Porter City Clerk 'e Approved as to form and legality: �WJ4by Jennifer Cockcroft, Asst CA illiam L. Colbert City Attorney Page 9 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: CITY OF SANFORD COMMUNITY REDEYELOPMENT AGENCY Bob Turk Charles Davis Chpirperson 2q, C Executive !rector Date: Dat: 7 7 aqt Cyn0a Lifid -say City Treasugrh Date: - Page 10 EXHIBIT A SCPA Parcel View: 25-19-30-5AG-0301-0090 �Jotis�vn).4'Sh "00ertY Ree d Cin! <*SMIET Parcel: 25 -19 -00 -SAG -0303-0040 O__2ND STATION LLC Ccu"M� P10Qnit7 Address: 300 E 2ND ST SANFORD, FL32771 Pasedx 15.19-00.506-0301-0090 i 1 Yakbs SummaY _ Tu Anmet mdaa SON: { P,os e t Addnm: 306E 2R0 ST 0— 20 STREETSTATi0N t1C E 2015 Tar 90 A4wnl , M-im,v:.701 spamT OR Tal 15M." vaotim Ne*46 i Covimpw : CoAJ►ISrAet WIRTER SiROQ—h il.32708 • Does MDT WCLWE Non Ad V&u As Vft-& �F sb Subdivision Ntemes SWORD TOM OF STNT4(So:K3drd wNer ltaztaganprt) $100.40; �... TA: DIWICG SYSMWOR"ATEWRONT RE04OST a84m _ + Owet41ed"vakm Efi2,7E9 f34,M Etre-ptionx. 1100 No :'avian ___. ._... emWEslT vsiue tu,286 _..._._. Si,286 -.. DOKUMCCAN 263ERVICESTATIERI ? 0964 {I.o IAM Y1roe04mkstl ; 16:,400 $64400 :. 1wv2ros . UrdvNaA9 - 097E "��; '�c..nY1 3r�91e5'' �/1Wrketvahx �11ao,+s5 � : Iw1/2005 ;06450 � slols6a WARRANTYDEEO ; 41NM05 ;� hrtd0i14I Ad) __...i ` ft00: NO . ..... .. liryrorcd WARRANTY OM_ OW HO(M ACO $D t0 1932 170000 no bromsed .56 i 01/2001 03996 0136 iSM AbneMnleR 1 AA i WARRANtt DEED . . .. �l Aunsady45be . 1100,45: $107,568 . SAO67.05 SZOU." saw LOIS 9. 10 NA 3 TR l ItE2 FT OF : ST AD) ON W TOWN Of SAMFM F81 PG 58 I T"ft Nomy -COunHGmnat ARCifMdYAMe I EW.;Kvabm Tu Anmet mdaa SON: E 2015 Tar 90 A4wnl $0 ' .. Tal 15M." sIo440 ; m ; Sew O t mmvs uvhw. • Does MDT WCLWE Non Ad V&u As Vft-& SAO67.05 SZOU." saw LOIS 9. 10 NA 3 TR l ItE2 FT OF : ST AD) ON W TOWN Of SAMFM F81 PG 58 I T"ft Nomy -COunHGmnat ARCifMdYAMe I EW.;Kvabm I t#o*vdde hm SIM 4SS 1 $0 ' SI00.4SS i t per. sIo440 ; m ; $1 45S , CRY Srdad uDd4ss sb slbo.4ss STNT4(So:K3drd wNer ltaztaganprt) $100.40; �... :10000 •: a84m _ 31o64S [ $0 � f100.05 .. ! Sam y- Douip*n wN EdoA t per. mum —� OWd .: Ywtrtp WARAAIYIYDMD ; 14!112014 '05353 1017 5125,000 Yes ummved WARRANTY OEEO :1!1/1012 OTTl9 :1983 -. f77A00. Re .Oapere0 { . i QW CLAW OHO i 1UU200R _ ' 07083 0967 1100 No :'avian jQU17 CLAW0 jtwilms 07083 0964 st6D to Iapored i ;iWARRAxrvInED 1wv2ros 07063 097E S240M) Yes wo ved f WARAAN"MO : Iw1/2005 ;06450 [ 1754 1106 No `tmOrnad WARRANTYDEEO ; 41NM05 0$701 :0917 ft00: NO . ..... .. liryrorcd WARRANTY OM_ .3!42001 04018 1932 170000 no bromsed WARAMM=0 i 01/2001 03996 0136 $34SOO Yes Impumd f i WARRANtt DEED 02977 0169 1/71500Yg$ fafa0ttd 1.9. t of 2 (14 Mans) [S) j j AnY �-m4aradte 5=L7 AtdSs tlhb 94dysm Page 1 of 2 htip://wtivwscpatl.org/ParceiDetaillnfo.asp.v?PID=2519305AGO30I0090 2/21/2010 Page 11 EXHIBIT B Page 13 Balance Forgiven co 2/2/2017 $ 49,830.00 $ - Year 1 2/2/2018 $ 44,847.00 $ 4,983.00 Year 2 2/2/2019 $ 39,864.00 $ 4,983.00 Year 3 2/2/20201$ 34,881.00 $ 4,983.00 Year 4 2/2/20211$ 29,898.00 $ 4,983.00 Year 5 2/2/2022 $ 24,915.00 $ 4,983.00 Year 6 2/2/2023 $ 19,932.00 $ 4,983.00 Year 7 2/2/2024 $ 14,949.00 $ 4,983.00 Year 8 2/2/2025 $ 9,966.00 $ 4,983.00 Year 9 2/2/2026 $ 4,983.00 $ 4,983.00 Year 10 2/2/2027 $ - $ 4,983.00 Page 13