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1476 CRA Loan Subsidy Agreement - ROKA Prop - 108 Park Avei s t Prepared bv: 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 Tax Parcel Identification Number: 25-19-30-5AG-0304-001A NW ME, CLEW OF CIMITI �,,.. x CMIM aith ,, , : 1 pg CLERK'S # 2012-009053 'M ""�zlOIIMM12 10z13%31 AN KM DIX TAX M&GO MW a IC 1. } " 't CITY OF SANFORD LOAN SUBSIDY AGREEMENT AND GRANT OF LIENHOLD INTEREST RELATING TO 108 PARK AVENUE THIS LOAN SUBSIDY AGREEMENT AND GRANT OF LIENHOLD INTEREST is entered into this -;! day of Al vyemr-'' e(" , 2011 by ROKA PROPERTIES, INC., \ whose address is 856 Silver Woods Drive, Lake Mary, Florida 32746, (hereinafter collectively 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-0304-001A (See the Exhibit "A" attached hereto and incorporated herein by this reference thereto). The Property is generally addressed as follows: 108 Park Avenue located in the City Limits of the City of Sanford or the Beginning at the Southeast corner of Lot 1, Block 3, Tier 4, according to E.R. Trafford"s Map of the Town of Sanford, as recorded in Plat Book 1, Page 56 through 64, Public Records of Seminole County, Florida, run thence West 49.6 feet to the Southwest corner of said Lot 1, thence North on the line Page 1 between Lots 1 and 2, Block 3, Tier 4, Sanford, 63.75 feet; thence Southeasterly 49.6 feet to the East line of sa - id - Lot 1: thence South 63.65, 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, SIXTY-THREE THOUSAND FIVE HUNDRED FIFTY AND NO/100THS DOLLARS U.S. ($63,550.00), as part of a total project and loan that approximates THREE HUNDRED SEVENTY- FIVE THOUSAND TWO HUNDRED AND NO/100THS DOLLARS U.S. ($375,200.00) of which ONE HUNDRED FIFTY-SIX THOUSAND TWO HUNDRED AND NO/100THS DOLLARS U.S. ($156,200.00) is the rehabilitation work on the project and 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 Page 2 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 the United Legacy Bank. (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). (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, Page 3 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 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, regulations and ordinances. (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. Page 4 (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 (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. In Witness Whereof, the said OWNER has signed and sealed these presents the day and year first above written. Atte-,zt- Adfln4a First Wrtne-ss Signature I I -i SCS 029L -C GL Printed Name Of Witness VIIA //711� Second Witness Signature Megabeersn Printed Nme Of Witness Page 5 JAM R. R. HA*KJs, JR. Director �dvjl Karen M. HAWKINS Director Acknowledgment State Of Florida County Of Seminole The foregoing was sworn to and subscribed before me thisday I rX of A.D. 2011, by JAMES R. HAWKINS, JR. and KAREN M. HAWKINS, the OWNER, 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 day of A.D. 2011. MYCOMMISSIONtoonm Notary Public, Sta of Florida EMRB. October 20 2012 lo 11-0 )12— ,FFj,,�4' Bonded Thru BU60 Notary Senrioes My Commission Expires: Additional Signature Blocks Follow Page 6 _LCIALWA In Witness Whereof, the UNITED LEGACY BANK joins into and consents to and has signed and sealed these presents the day and year first above written. Agreed to by the United LegacyAank. Attest: Signature of Officer Jeff Triplett Senior Viceii rite Officer Second Witness Signature Printed Name of Witness State Of Florida County Of Seminole UNITED LEGACY BANK Z: Z Zsrgnature of Authorized Officer Michael Scures Executive Vice President Acknowledgment The foregoing was sworn to and subscribed before me this n day of A.D. 2011, by Michael Scure-s the representative of the United Legacy Bank, who i personally known o me or who produced as identification and who did execute the foregoing document under oath or affirmation. Witness my hand and official sea[ in the County and State aforesaid this q day of A.D. 2 1 ALEC QUO Sk 10, #DD981043 Z/C ST-,\'�\0 ; "fil61111%00 Page 7 ic, State of Florida Commission Expires: Agreed to by the CITY: Attest: Janet Dougherty flJ City Clerk Approved As To Form Page 8 City Of Sanford Patty Ma any, Vice -Mayor, ♦1 V N 0 Seminole County Property Appraiser Get Information by Parcel Number Personal Property Please Select Account BUILDING INFORMATION Bid Num Bid Class Year Bit Fixtures Gross SF Stories Ext Wall Bid Value Est. Cost New 1 MASONRY PILAS 1901 12 5,600 2 BRICK COMMON - MASONRY $126,677 $316,692 Subsection / Scift OPEN PORCH FINISHED/ 70 http://www.scpafl.org/web/re—web.seminole—county_jitle?parcel=2519305AGO304001 A&cpad=park&cp... 4/21/2011 W 1ST ST E 1ST ST o, g 3"/ DAviD Joiqmsom, CrA, ASA PROPERTY APPRAMER SEMINOLE COUNTY F1_ 1101 E. MRST ST S ANFORD FL 32771-14U'8 407-665-7505 2.0 1.0 3.0 I W 4.0 2.A 4.A 1,A 03 4— 0303- 67 U) 7g,fl 6.0 7 10,0 krr VALUE SUMMARY VALUES 2011 Working Cert GENERAL Value Method Cost/Market Cost/IV Parcel Id: 25-19-30-5AG-0304-001 A Number of Buildings I Owner: ROKA PROP INC Depreciated Bldg Value $126,677 $12 OwnlAddr: Depreciated EXFT Value $0 Mailing Address: 856 SILVERWOOD DR Land Value (Market) $15,800 $1 City,State,ZipCode: LAKE MARY FL 32746 Land Value Ag $0 Property Address: 108 PARK AVE S SANFORD 32771 Just/Market Value $142,477 $14 Facility Name: Portablity Adj $0 Tax District: S3-SANFORD-WATERFRONT REDVDST Save Our Homes Adj $0 Exemptions: Dor: 11 -STORES GENERAL -ONE S Amendment I Adj 1 $01 1 Assessed Value (SOH) 1 $142,4771 $14 1 Tax Estimator 2011 TAXABLE VALUE WORKING ESTIMATE Taxing Authority Assessment Value Exempt Values Taxable V� County General Fund $142,477 $0 $14: (Amendment 1 adjustment is not applicable to school assessment) Schools $142,477 $0 $14: City Sanford $142,477 $0 $14: SJWM(Saint Johns Water Management) 1 $142,4771 $01 $14: County Bonds 1 $142,4771 $01 $14: The taxable values and taxes are calculated using the current years working values and the prior years approved millage rates. SALES Deed Date Book Page Amount Vac/Imp Qualified SPECIAL WARRANTY DEED 04/2011 07557 0135 $219,000 Improved No CERTIFICATE OF TITLE 03/2010 07357 0280 $100 Improved No 2010 VALUE SUMMARY CORRECTIVE DEED 07/2004 05372 0018 $100 Improved No 2010 Tax Bill Amount: $2 WARRANTY DEED 05/2004 05329 1428 $100 Improved No 2010 Certified Taxable Value and Taxes WARRANTY DEED 04/1999 03644 1689 $110,000 Improved No DOES NOT INCLUDE NON -AD VALOREM ASSESSMEI WARRANTY DEED 09/1984 01578 1606 $110,000 Improved Yes WARRANTY DEED 01/1971 00892 0189 $20,000 Improved Yes Find Sales within this DOR Code LEGAL DESCRIPTION LAND Land Assess Method Frontage Depth Land Units Unit Price Land Value PLATS: Pick... SQUARE FEET 0 0 3,160 5.00 $15,800 LEG S 63.7 FT OF LOT 1 BLK 3 TR 4 TOWN OF SANFOI PB 1 PG 58 BUILDING INFORMATION Bid Num Bid Class Year Bit Fixtures Gross SF Stories Ext Wall Bid Value Est. Cost New 1 MASONRY PILAS 1901 12 5,600 2 BRICK COMMON - MASONRY $126,677 $316,692 Subsection / Scift OPEN PORCH FINISHED/ 70 http://www.scpafl.org/web/re—web.seminole—county_jitle?parcel=2519305AGO304001 A&cpad=park&cp... 4/21/2011 Exhibit "B" Sanford Downtown Waterfront CRA Rehabilitation Loan Subsidy Program Amortization of Lien for Recording Purposes For Loan Subsidy given to ROKA 104-110 S. Park Ave Loan date Loan Amount $ 63,545.00 Lien Dates Lien Amount From 12/1/2011 to 11/30/2012 $ 63,545.00 From 12/01/2012 to 11/30/2013 $ 57,190.50 From 12/01/2013 to 11/30/2014 $ 50,836.00 From 12/01/2014 to 11/30/2015 $ 44,481.50 From 12/01/2015 to 11/30/2016 $ 38,127.00 From 12/01/2016 to 11/30/2017 $ 31,772.50 From 12/01/2017 to 11/30/2018 $ 25,418.00 From 12/01/2018 to 11/30/2019 $ 19,063.50 From 12/01/2019 to 11/30/2020 $ 12,709.00 From 12/01/2020 to 11/30/2021 $ 6,354.50