2354 CRA-Facade Grant Agreement for Jaly SupermarketSANFORD AVENUE, LLC
THIS AGREEMENT made and entered this _ day of December,, 2019_,
between the City of Sanford Community Redevelopment Agency, a dependent special
district of the City of Sanford operating within the State of Florida, whose address is: c/o
Executive Director, CRA, Sonia Fonseca, Post Office Box 1788, Sanford, Florida 32772,
hereinafter referred to as the "CRA", and —Sanford Avenue Realty, LLC (the
"Grantee"), whose address is: 329 Sanford Avenue
32771
Witnesseth:
WHEREAS, the CRA dec;
Sanford, Florida
City of Sanford City
government in accordance -aw; and
WHEREAS, the CR, decisions of City
Commission of the City of Sa
WHEREAS, the CRA i 'clic funds in the
6 r tJ
fagade improvement grant fort is in the public
interest, and
WHEREAS, the
City Cori
of ford has
taken budgetary
action and concluded
that the fw..oig
of the CRA for the purposes
set forth herein
provides for and accomplishes a public purpose; and
WHEREAS, the CRA recognizes the benefits that are provided by the Grantee to
the CRA through investing in a fagade improvement project on a property owned by
Grantee within the CRA in order to enhance the aesthetics of the CRA; and
0,
Page 1 of 10
E. The Contractor shall not be paid by the CRA or the City of Sanford, and
the Grantee shall ensure that the Contractor shall not bill CRA or the City.
F. Reimbursement shall be made by CRA to the Owner upon contractor=s
completion of work, and the CRA and City of Sanford onsite inspection and written
acceptance of same.
Section 3. Grantee Obligations.
A. The Grantee shall perform the services, duties and obligations set forth in
the attachments to this Agreement which includes the CRA Commission agenda
memorandum and backup at which this Grant was approved. If application forms have
been submitted to the CRA by the Grantee, all such forms and associated documents
are hereby incorporated herein by this reference thereto.
B. The Grantee shall comply with all applicable Federal, State and local laws
and regulations (including all fire, health, and other applicable regulatory codes, and the
Public Records Laws of the State of Florida). The Grantee also agrees to obtain, and
possess throughout the term of this Grant Agreement, all required licenses and permits
applicable to its operations.
C. The Grantee shall ensure that the fagade improvement project shall be
completed as set forth in the specifications submitted to the CRA in a workmanlike
manner and all work shall be done in strict conformance with all applicable federal,
state, county and city codes, laws, regulations and ordinances and ensure that the work
meets the objectives of the CRA Fagade Grant Program.
Page 3 of 10
D. The Grantee agrees to commence the specified work within 30 days after
the approval of the project by CRA and to complete the work within days after
commencement or within the time set forth in such extensions as may be granted by
CRA in writing (the total amount of time to complete the work shall not exceed 6 months
from the date of CRA approval).
E. The Grantee shall ensure that all work performed on the fagade
improvement project shall be guaranteed for a period of one year against defects in
workmanship and materials.
F. The Grantee shall hold harmless the CRA, its individual members and the
City of Sanford in the event of property damage, personal or physical injury occurring as
I a result of working on the project.
G. The Grantee shall bear all responsibilities to the contractor for total cost of
the project.
H. The Grantee shall maintain, with no substantial changes, subject to
normal wear and tear, the facade and improvements for ten (10) years unless otherwise
agreed to by the CRA. If the Grantee does not maintain the fagade improvements,
Grantee shall reimburse the CRA for all grant monies expended.
The Grantee shall adhere to the approved guidelines for the project.
J. The Grantee shall identify the rehabilitation with a project sign which
evidences sponsorship by the CRA and the City of Sanford.
K. The Grantee shall comply with Title VII of the Civil Rights Act of 1964, as
amended, and will not discriminate against any person with regard to race, color, creed,
religion, gender, age, national origin, marital status, sexual orientation or disability.
Page 4 of 10
L. The Grantee shall provide a written report to the CRA within thirty (30)
days of the conclusion of the fagade improvement project, and said report shall provide
the following information (at a minimum) along with any other necessary documentation
requested by the CRA to show proof of proper completion of the project and payment
for said project:
1. Photos of the completed fagade improvement project.
2. Receipts showing proof of payment to the Grantee's contractor.
3. Evidence that the property remains free of liens and code
violations.
Section 4. Errant or Excess Disbursement.
The Grantee expressly understands and agrees that the Grant amount
constitutes the total amount to be paid by the CRA under this Agreement. The Grantee
shall be liable for repayment of any funds, which have been disbursed in error or are in
excess of the Grant amount.
Section 5. Indemnification.
The Grantee shall defend, indemnify, and hold harmless the CRA, its officials,
agents, and employees from and against any and all claims, suits, judgments,
demands, liabilities, damages, cost and expenses (including attorney's fees) of any kind
or nature whatsoever arising directly or indirectly out of or caused in whole or in part by
any act or omission of the Grantee or its subcontractors (if any), anyone directly or
indirectly employed by them, or anyone for whose acts any of them may be liable.
Section 6. No Third Party Beneficiaries.
Page 5 of 10
This Agreement does not create and shall not be construed as creating any
rights enforceable by any person or entity other than the parties to this Agreement.
Section 7. Notices.
Any notices hereunder shall be in writing and will be deemed received when
delivered in person (with proof of delivery), by facsimile transmission (with transaction
report), or upon receipt if sent by overnight express mail or certified mail (return receipt
requested), postage prepaid and properly addressed to the other party at the following
addresses (or such other address as either party shall have specified by written notice
to the other party in accordance herewith):
As to CRA:
CRA Executive Director
Sanford City Hall
300 North Park Avenue
Sanford, Florida 32771
As to GRANTEE:
—Sanford Avenue Realty, LLC
329 Sanford Avenue
Tanford, FL 32771
Section 8. Relationship.
Nothing contained in this Agreement is intended or shall be construed in anyway
creating or establishing a partnership, joint venture or any other form of legal
association or relationship between the parties hereto or as to deem Grantee as the
agent or representative of the CRA for any purpose or for any manner whatsoever.
Section 9. Force Majeure.
Neither party to this Agreement shall be liable to the other for failure to perform
due to acts of God, fire, flood, epidemic, labor dispute, civil commotion, terrorism, act of
Page 6 of 10
This Agreement does not create and shall not be construed as creating any
rights enforceable by any person or entity other than the parties to this Agreement.
Section 7. Notices.
Any notices hereunder shall be in writing and will be deemed received when
delivered in person (with proof of delivery), by facsimile transmission (with transaction
report), or upon receipt if sent by overnight express mail or certified mail (return receipt
requested), postage prepaid and properly addressed to the other party at the following
addresses (or such other address as either party shall have specified by written notice
to the other party in accordance herewith):
As to CRA:
CRA Executive Director
Sanford City Hall
300 North Park Avenue
Sanford, Florida 32771
WITIMOTMETTIVIM
—Sanford Avenue Realty, LLC
329 Sanford Avenue
Tanford, FL 32771
Section 8. Relationship.
Nothing contained in this Agreement is intended or shall be construed in anyway
creating or establishing a partnership, joint venture or any other form of legal
association or relationship between the parties hereto or as to deem Grantee as the
agent or representative of the CRA for any purpose or for any manner whatsoever.
Section 9. Force Majeure.
Neither party to this Agreement shall be liable to the other for failure to perform
due to acts of God, fire, flood, epidemic, labor dispute, civil commotion, terrorism, act of
Page 6 of 10
government (other than the CRA), or any other cause or event beyond the control of
and without the fault of either party.
Section 10. Assignment.
Neither party shall assign any rights or duties under this Agreement without the
prior written consent of the other party. Failure to comply with this section may result in
immediate termination of this Agreement by notice to the original party. This section
shall not prohibit the Grantee from entering into any subcontracts for the provision of
services agreed to herein.
Section 11. Relief.
If at any time after the execution of this Agreement it is reasonably believed that
any party has violated the terms of this Agreement, the other party shall have the right
to seek appropriate relief including, but not limited to, a permanent injunction restraining
further violations, recovery of amounts paid pursuant to the terms of this Agreement
and/or damages, as appropriate, and reasonable attorneys' fees.
Section 12. Waiver.
The continued performance by either party hereto, pursuant to the terms of this
Agreement, after a breach or default of any of the terms, covenants or conditions herein
shall not be deemed a waiver of any right to terminate this Agreement for any
subsequent breach or default. Any expressed or implied waiver of any breach or default
of any of the terms, covenants or conditions herein shall not be construed or act as a
waiver of any subsequent breach and shall not be construed to be a modification of this
Agreement.
Section 13. Governing Law and Venue.
Page 7 of 10
This Agreement shall be governed by, and construed and enforced in
accordance with, the laws of the State of Florida without regard to principles of conflicts
of laws and, in the event of litigation in connection with this Agreement, venue shall lie
in Seminole County, Florida.
Section 14. Severability.
Any covenant, condition or provision contained in this Grant Agreement that is
held by any court of competent jurisdiction to be invalid, illegal or unenforceable shall
not affect the validity, legality or enforceability of any other covenants, conditions or
provisions herein contained.
Section 15. Entire Agreement.
This Agreement constitutes the entire agreement between the parties hereto with
respect to the subject matter hereof, any representations or statements heretofore
made with respect to such subject matter, whether verbal or written, are merged herein.
This Agreement shall supersede any other prior agreements, whether verbal or written,
regarding the subject matter.
Section 16. Amendment
Any amendments, alterations, modifications or waivers of provisions of this
Agreement shall be valid only when made by written instrument, specifically referencing
this Agreement, and duly signed by both parties.
Section 17. Signatory.
Each signatory below represents and warrants that he or she has full power and
is duly authorized by their respective party to enter into and perform this Agreement.
Such signatory also represents that he or she has fully reviewed and understands the
Page 8 of 10
above conditions and intends to fully abide by the conditions and terms of this
Agreement as stated.
In Witness Whereof, the parties have duly signed, sealed and delivered this
Agreement as of the date last signed.
Attest:
�f y� toSonia Fonseca, CRA Executive Director
Approved as to form and legality:
David W. Hall, Assistant City Attorney
City of Sanford
Community Redevelopment Agency
oe
By: c�— �—
Charles Davi§, C,' hairman
Date: -I �yz 2'0
Signed, sealed and delivered in the GRANTEE:
presence of two witnesses:
By: v
C
'-V) CAv-,,c)+-\-
C
STATE OF FLORIDA
COUNTY OF 5,ea(l'jo /C
By:
Date:
SWORN
AND
SUBSCRIBED before
me this 1,e,
day of
re(7('04,r� I
2020
by:
JAMJ1 D% A, -e,
(GRANTEE)
as the
of
Page 9 of 10
who did/did not take an oath and who provided:
his 1?(,(v'er 4 -res --e as identification or who is personally known to me.
NOTARY SEAL: t IFXK%d'3
W*0
Yes ,,6009
?,Ube '202
4 Notary Public, State of 'Zlorlc/*
� ,i C sla, A
My commission expires: /0 Z -2 -
Page 10 of 10
Prepared by:
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:
Sonia Fonseca, Director
Community Redevelopment Agency
City of Sanford
300 North Park Avenue
Sanford, Florida 32771
Tax Parcel Identification Number: I
CITY OF SANFORD REDEVELOPMENT SUBSIDY
AGREEMENT AND GRANT OF LIENHOLD INTEREST
RELATING TO jally Supermarket, 329 Sanford Avenue
Realty, LLC
THIS REDEVELOPMENT
SUBSIDY AGREEMENT AND
GRANT OF
LIENHOLD INTEREST is entered
into this _ day of December—,
2019 by_329
Sanford Avenue Realty, LLC_,
whose corporate address is
329 Sanford
Avenue , (hereinafter referred
to as the "OWNER"), and the CITY
OF SANFORD,
a municipal corporation of the S—-
--- North Park
Avenue, Sanford, Florida 32772, (t
This Agreement is for the benefit (
G
ascribed real
property (hereinafter the "Property
:reinafter set
forth as to the Property:
'imber
30-19-31-515-0500-0040 (Ple�
incorporated
herein by this reference thereto,
as follows:
329 Sanford Ave, Sanford FL
)f the City of
Sanford and more particularly des(
(see
The CITY hereby subsidize
dative to the
redevelopment of the Property in
the sum of up to, but no greater than, _Sixty six
Page 1
thousand, eight hundred and 001100_($__66,800j, as part of a total project that
approximates —Three hundred and eighty four thousand N01100THS
DOLLARS U.S. ($_384,000 ) 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.
(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.
Page 2
(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
CITY's 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 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
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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 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.
Page 4
(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
MUM
(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.
0). 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.
(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
Page 5
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.
(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.
Page 6
In Witness Whereof, the said OWNER has signed and sealed these presents
the day and year first above written.
WITNESS ONE:
hIGNAC fbM An
TURE
PRINTED.
----------- -
IX�
Authorized Member
Authorized Member
WITNESS TWO:
AGNATURE n
PRINTED:P
- I �C--kCl bl Ct2
Page
7
Acknowledgmen
STATE OF FLORIDA
COUNTY OF SEMINOLE
The foregoing was swo to and subscribed before me this /2 day
of 'FebrAorY A D. 2017, by jApil rQi4 Z as Authorized Member on behalf of
OWNER, o.,wt and who is personally known to me or who produced:
ki c,° t GPs 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 ofC-10,cle —, A.D. 2017. qvN Notary Public State of Florida
Ruben D Reyes
My Commission GG 266609
Stamp and/or seal: Expires 10/1412022
V1 11Y
NER I
Notary Public, State of Florida
Printed Name: 1-�uk-e'v Z) zlej
My Commission Expires:
Acknowledgment
STATE OF FLORIDA
COUNTY OF SEMINOLE
The foregoing was sworn to and subscribed before me this 17, day
of 7F6WWy-1 A.D. 2017, by —_UAw / E); 42, as Authorized Member on behalf of
OWNER, A ,/p y 0 ii` -z- and who is personally known to me or who produced:
\5 'VCV-C,< /-1 , e- e j S- 9— 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 /0 -
day of roAr y , A.D. 2017.
00 Notary Public State of Florida
Ruben Notary Public
�tA'bronpl)
My Commission GG 266609
loll I 'S
Stamp and/or seal: Expires 10114012022
Notary Public, State of Florida
Printed Name: (KJte,,j 1)
My Commission Expires: Loky, Looz
im
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:
S6nia Fonseca
CRA Executive Pirpctor
Date:
Approved:
I Cyntqi�a Lindsay
City Treasurer *
Date: 31 ct Qo�
CITY OF SANFORD COMMUNITY
REDEVELQPMENT AGENCY
Charles Davi9, ghairperson
Date:
Page 10
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,
ATTEST:
Traci Houchin
City Clerk
Approved as to form
and le ality:
David W. Hall
{--City Attorney
101 h WK93 A-11111 1161.0-61
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