2012-03 App. for 2011 CDBG Grant RESOLUTION NO. 12-03
A RESOLUTION OF THE CITY OF OKEECHOBEE, AUTHORIZING THE
FILING OF THE CITY OF OKEECHOBEE'S FISCAL YEAR 2011 FLORIDA
SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANT ECONOMIC
DEVELOPMENT APPLICATION WITH THE FLORIDA DEPARTMENT OF
ECONOMIC OPPORTUNITY, AND DESIGNATION OF SIGNATURE
AUTHORITY; PROVIDING FOR PUBLIC HEARING AND COMMENT;
PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Florida Legislature, during the 1983 Legislature Session, enacted the
Florida Small Cities Community Development Block Grant Program Act, Florida
Statutes, Chapter 290, to accept and administer the Community Development Block
Grant Program created by Title I of the Housing and Community Development Act
of 1974, as amended; and
WHEREAS, the purpose of the Florida Statutes, Chapter 290, is to assist local
governments in carrying out effective community development activities to arrest and
reverse community decline and restore community vitality, and
WHEREAS, Florida Statutes, Chapter 290, designates the Florida Department of
Community Affairs as the administering agency for the Florida Small Cities
Community Development Block Grant Program; and
WHEREAS, it is the intent of the City of Okeechobee to apply for Fiscal Year 2011 Florida
Small Cities Community Development Block Grant funding in the Economic
Development category; and
WHEREAS, the City of Okeechobee's Fiscal Year 2011 Florida Small Cities Community
Development Block Grant Application reflects the community development needs of
the City.
NOW, THEREFORE, be it resolved before the City Council for the City of Okeechobee,
Florida; presented at a duly advertised public meeting; and passed by majority vote
of the City Council; and properly executed by the Mayor or designee, as Chief
Presiding Officer for the City:
SECTION 1.
That the City Council for the City of Okeechobee, Florida authorizes the Mayor
and/or Pro-Tempore to execute and submit to the Florida Department of Community
Affairs the City's application in the Economic Development category for Fiscal Year
2011 Florida Small Cities Community Development Block Grant Application.
SECTION 2.
That the City Administrator is authorized to act in connection with the application and
to provide such additional information as may be required by the Florida Department
of Economic Opportunity for the application and once awarded, authorized to
execute any documents required throughout the entire grant process, including
environmental review process.
SECTION 3. EFFECTIVE DATE.
This resolution shall become effective immediately upon its adoption.
Resolution No. 12-03 Page 1 of 2
INTRODUCED AND ADOPTED in regular session this 21st day of February, 2012.
ATTEST:. James E. Kirk, Mayor
4111 /,
Lane amiotea, C, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
• H)A, r
John R. Cook, City Attorney
•
Resolution No. 12-03 Page 2 of 2
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CITY OF O :EECHOEE
FY 2011 COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION
ECONOMIC DEVELOPMENT CATEGORY
COPY
Part II — Application Profile and General Scoring Criteria
Application Profile
Form G-1
Local Government Contact Information:
Local Government Name City of Okeechobee -----
Street Address 55 S.E. Third Avenue
City Okeechobee Zip Code 34974 County Okeechobee
Main Telephone 863-763-3372 Main Facsimile 863-763-1686
Chief Elected Official James E. Kirk Title Mayor
Telephone 863-763-3372 Facsimile 863-763-1686
Email Address
Financial Officer(Local Government) India Riedel Title Finance Director
Telephone 863-763-3372 Facsimile 863-763-1686
Email Address irjeclel*:ityorecholileezcom
Project Contact(Local Government) Brian Whitehall Title City Administrator
Telephone 863-763-3372 Facsimile 863-763-1686
Email Address 1p.uliitohali@ciI:“ifoksztedlobee,com
Street Address 55 S.E.Third Avenue
City Okeechobee State FL i Zip Code 34974
Local Government's Grant Consultant(if Name and Address of Firm Telephone Number
applicable)
2
Application Profile
Form G-1 (Continued)
Application Preparer Information
Organization Preparing Application:
Preparer's Name Nancy Phillips
XX Private _RPC_Local Government
Street Address 7408 Edisto Drive
City Lake Worth State FL I Zip Code 33467-7533
Facsimile 561-432-1634
Telephone 561-432-1524 Email Address nsp9200aol.com
Application Type: Indicate the type(s) of funding requested. A completed application must include the appropriate sections as provided below.
A Planning and Design Specifications grant will not be offered unless the appropriate Planning and Design Specifications Grant
box(es) are checked. (These grants are not a separate category but may be offered to an applicant in Neighborhood Revitalization or
Commercial Revitalization with an application score below the fundable range for a full grant and which does not have completed construction
plans and specifications.)
Commercial Revitalization (Part IV) _X_ Economic Development(Part V)
Housing (Part VI ) Neighborhood Revitalization (Part VII)
Planning and Design Specifications Grant— Neighborhood Planning and Design Specifications Grant— Commercial
Revitalization Revitalization
If you will accept a Planning and Design Specifications Grant, indicate amount being requested for:
Basic Engineering $ Additional Engineering $ Administration $
Funding Preference: The applicant may submit a Commercial Revitalization and a Housing application, or a Commercial Revitalization and a
Neighborhood Revitalization application, but not a Housing and a Neighborhood application. Applicants will not be considered for an additional
Commercial Revitalization, Housing or Neighborhood Revitalization grant until all previously awarded Planning and Design Specifications grants
have been administratively closed by the Department.
Did you submit more than one application? Yes No_X_
If so, what category of funding do you prefer? Neighborhood Revitalization Commercial Revitalization Housing
' Dates of Public Hearings on the Application: First Public Hearing 2-07-2012 Second Public Hearing 2-21-2012
Dates of Advertisement of Public Hearings: First Public Hearing 1-27-2012 Second Public Hearing 2-15-2012
3
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Application Profile
Form G-1 (Continued"
- - --- ---:
11 Demographics
[ _ ---
U.S. Congressional District Number 16
Florida Senate District Number 17
11 Florida House District Number 79
1 1
1 Census Place Okeechobee County 1 Census Tract 9105 Census Block Group(s) 1 and 2
t I 1
Grant Request Maximum grant requests are based on the jurisdiction's LMI population as determined by HUD. Please see the table below.
r-- , LMI Population
Maximum Grant Request - - -- -- --- i
_ _ 4 _
, 1_499 $600,000.00 '
- - -- ------
500- 1,249 $650,000.00
I-- — - 1,250- 3,999
- t-- - $700,000.00
4,000-and above $750,000.00
1----
I Local Government's LMI Population 2.407 Grant Request $257,827.00
I Answer the following questions by circling the correct response. ANSWERS ARE IN BOLD PRINT
I
Historic Preservation I
N
,
Will the project impact a building, public improvement or planned open space more than 50 years old? (See instructions.) Yes o I
Interlocal Agreement
Will project activities require an interlocal agreement? If yes, the interlocal agreement must be provided in the Supporting Yes No
Documentation Section. (See instructions.)
State of Financial Emergency
Has the local government been declared to be in a state of financial emergency pursuant to Section 218.50- 218.504, F.S., at
any time during the two years prior to submission of the application? Yes No
Check at http://www.leg.state.frus/cqi-bin/View Page.ol?File=financial-emeraencies.cfm&Directory=committees/iointnclai&Tab=committees
Grant Preparation Costs
1__T1 applicant may request grant funds for the cost of grant application_preparation. See instructions if funds are requested. _
Does the applicant wish to request grant funds for the cost of grant application preparation? 1 Yes I No
Amount $ I If yes, grant preparation cost documentation must be included in the Supporting Documentation Section.
!
National Flood Insurance Program-Indicate whether or not the local government is a current participant in the NFIP. Yes I No
.__
4
Project Narrative
Form G-2
Describe the proposed project using the guidelines in the instructions. Use additional pages as needed.
Please see the instructions on the following page relating to applications for Economic Development loans. Specific directions for Commercial
Revitalization and Economic Development application narratives can be found in the instructions provided for each respective category.
1. Applications proposing more than one activity or service area must include a narrative for each activity and/or service area.
The City of Okeechobee is applying for$257,827.00 in Economic Development funds in order to provide street improvements to Highway 70 East
within the city limits on behalf of Applebee's Neighborhood Grill& Bar located at 1210 Hwy. 70 East. The grant funds will be used for the
following activities:
03K Street Improvements $200,994.00 350 LF
Engineering and Inspection $ 31,735.00
Additional Type D Activities $ 6,000.00 Surveying, Geotechnical Testing
21A Grant Administration $19,098.00
TOTAL Grant $257,827.00
Applebee's will be creating a total of fifty(50)Full-Time Equivalent(FTE)jobs of which fifteen (15) will be used for scoring purposes in the
application. Of the 15 FTE's being created, twelve(12)or 80% of the jobs will be made available to low-to-moderate income(LMI)residents of
the area.
2. For addressed and unaddressed needs, a narrative description of each proposed activity must include the following information:
• Activity description, including the need being met
The activities to be funded by this grant will include 350 LF of street improvements to Highway 70 East in the City of Okeechobee at a budget of
$200,994,00. The grant will also cover Engineering, Inspection Services, and additional Type D activities including surveying and geotechnical
testing at a budget of$37,735.00. Grant Administration is proposed to be$19,098.00 for a grant total of$257,827.00.
• Explanation of the need for CDBG funding
The CDBG funds are needed to provide street improvements to Highway 70 East at the location of the Applebee's Neighborhood Grill& Bar, 1210
Hwy. 70 East. Applebee's plans to create fifteen(15)FTE's or which twelve(12)or 80% will be made available to LMI residents. Without these
street improvements, Applebee's will not be able to create these jobs.
5
• Proposed construction start and completion dates
The projected construction start time, if grant is awarded by Apri I 2012, will be October, 2012 with a four month(120 days)construction time
period. All work should be completed by February, 2013.
• Quantity and location of activity within the service area
These funds will construct 350 LF of street improvements to Highway 70 East in the City of Okeechobee. The Applebee's Neighborhood Grill&
Bar is located at 1210 Hwy 70 East within the city limits.
In a meeting with FOOT on January 31, 2012, FOOT concurred with the construction of the directional westbound left turn median opening at
1210 Hwy. 70 East, the site of the Applebee's Neighborhood Grill&Bar. As part of this project, FDOT is also requiring that the eastbound left
turn lane be reconfigured at the median opening that aligns with SE 131'A venue. This reconfiguration is required to build the deceleration lanes
and median openings to current FDOT standards. These improvements will help facilitate U-turn traffic created by the development and provide
a safer and more efficient movement at this location.
FDOT also is requiring that this project be expanded to include the west bound left turn deceleration lane for the full median opening at SE 1(P'
Avenue. This deceleration lane is also relevant to the development traffic in this area and will bring the lane to current FOOT standards to provide
safer and more efficient movement at this location and enhance the through traffic movement on SR 70.
• Cost of the activity
The budget for this grant is:
03K Street Improvements $200,994.00 350 LF
Engineering and Inspection $ 31,735.00
Additional Type D Activities $ 6,000.00 Surveying, Geotechnical Testing
21A Grant Administration $19,098.00
TOTAL Grant $257,827.00
• How the activity meets a national objective
National Objective is met through the creation of fifteen(15)FTE's of which 80% or twelve(12)jobs will be made available to LMI residents of
the area.
• Purpose of the activity(if not readily apparent)
6
011104110114100011111001011111011111111. 4111041010114111111141100111110411010110 AI 411110410111, 11111101101111111011011110
Purpose of this activity is to construct the street improvements required that would allow Applebee's Neighborhood Grill&Bar to create fifteen
(15)FTE's of which twelve(12)will be LMI positions at the job creation location at 1210 Hwy 70 East within the city limits of Okeechobee, Florida.
• Beneficiaries(Total, VU and LMI) of the activities.
Total Beneficiaries 15 FTE
LMI Beneficiaries 12 FTE or 80% LMI
3. Describe all activities to be undertaken and the projected cost, without regard to the funding source or whether such funding will be counted
for leverage.
All activities to be undertaken will be covered with the CDBG grant funds. Applebee's Neighborhood Grill&Bar is managed by Gator Apple 1 LLC,
who has entered into a lease with In This Together I who purchased the land and constructed the budding Gator Apple 1, LLC will be the
participating party responsible for the job creation. There are no leveraged funds included in this grant application. The activities to be funded
with the CDBG funds are:
03K Street Improvements $200,994.00 350 LF
Engineering and Inspection $ 31,735.00
Additional Type D Activities $ 6,000.00 Surveying, Geotechnical Testing
21A Grant Administration $19,098,00
TOTAL Grant $257,827.00
4. Describe any activities in which a portion of the construction will occur outside of the applicant's jurisdiction.
All activities will take place within the city limits of Okeechobee, Florida.
5. Describe any impact that proposed DOT or county road construction will have on the proposed CDBG funded activity.
Highway 70 is governed by the Florida Department of Transportation(FOOT), In a meeting with FOOT on January 31, 2012, FOOT concurred
with the construction of the directional median opening at 1210 Hwy. 70 East, the site of the Applebee's Neighborhood Grill&Bar. FOOT is
requiring that the eastbound left turn lane be reconfigured at the median opening that aligns with SE 131'Avenue. This reconfiguration is
required to build the deceleration lanes and median openings to current FOOT standards These improvements will help facilitate U-turn traffic
created by the development and provide a safer and more efficient movement at this location.
FOOT also is requiring that this project be expanded to include the west bound left turn deceleration lane for the full median opening at SE 10
Avenue. This deceleration lane is also relevant to the development traffic in this area and will bring the lane to current FOOT standards to provide
7
safer and more efficient movement at this location and enhance the through traffic movement on SR 70.
6. Specify whether any portion of the project area is located in a flood-prone area and whether the local government participates in the National
Flood Insurance Program.
There are no flood maps available for the City of Okeechobee. FEMA considers all areas to be in Flood Zone C. The City participates in the
National Flood Insurance Program.
7. If complementary activities are being undertaken, explain how they relate to the project.
There are no complementary activities being undertaken.
8. If funds from other sources are being "leveraged,"describe how the funds will be used (what they will pay for, etc.).
There are no funds being counted as "Leveraged"in the grant application.
9. If the removal of public building architectural barriers to handicapped persons is being paid for with CDBG funds, identify:
• The location and function of each building
• The barriers to be removed in each building
• How the expenditure of CDBG funds will resolve the problem
No removal of public building architectural barriers to handicapped persons are being paid for with CDBG funds.
10. If using a survey that was completed for a previous CDBG project, state the subgrant number and year the survey was conducted.
No survey from a prior grant was used. All potential new hires for the Applebee's Neighborhood Grill& Bar will complete the appropriate
Household Income Form.
11. The roles of all Participating Parties, local governments, agencies, and other parties whose actions or participation are necessary for the
project's success
The City of Okeechobee is app lying for$257,827.00 in CDBG Economic Development funds for the construction of a left turn lane on State Road
(5/?) 70 westbound into the site of the Applebee's Neighborhood Grill&Bar, located at 1210 Hwy. 70 East in the city limits. Due to the
construction of the directional median opening, FOOT is requiring that the eastbound left turn lane be reconfigured at the median opening that
aligns with SE 13m Avenue. This reconfiguration is required to build the deceleration lanes and median openings to current FDOT standards.
These improvements will help facilitate U-turn traffic created by the development and provide a safer and more efficient movement at this
location.
8
FOOT also is requiring that this project be expanded to include the west bound left turn deceleration lane for the full median opening at SE 1 ah
Avenue. This deceleration lane is also relevant to the development traffic in this area and will bring the lane to current FOOT standards to provide
safer and more efficient movement at this location and enhance the thorough movement on SR 70.
The Applebee's Neighborhood Grill&Bar facility and land is owned by In This Together I, a Florida corporation formed in 2010. The cost of the
land purchase and construction of the building was$1,5411,000. Gator Apple 1 LLC, the job creator and participating party, will be leasing the
facility and is responsible for managing the restaurant. Gator Apple 1 has another successful Applebee's facility in Punta Gorda, Florida and has a
proven track record in restaurant management.
The Applebee's Neighborhood Grill&Bar in Okeechobee will create fifty(50)Full-Time Equivalent(FTE)jobs, of which fifteen(15)FTE's will be
counted for scoring In the grant application. Of the 15 FTE's, twelve(12), or 80%of the jobs created, will be made available to low-to-moderate
income residents of the City.
• The number and types of jobs to be created and/or retained
A national objective will be met by the creation of new jobs that will be made available to persons with low-to-moderate incomes. For grant
scoring purposes, the Applebee's Neighborhood Grill&Bar in Okeechobee is committing to create at least fifteen(15)new FIE jobs of which
twelve(12)jobs or 80% will be made available to low-to-moderate income persons as defined by HUD income limits. Types of jobs to be created
include:
Job Title of Created Job Total FTE Jobs to be Created i Total FTE Jobs to Be Created for LMI 1
1 Persons I
1 Servers 26 11
__ --------__--------- Cook
10 7
I Hostess/Host 6 4
I Bar 2 i 1 1
Managers 3 ; 0
Expo 1 1
To Go Staff 2 ( — —�---__.__ _.
TOTALS 50 26
9
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FOOT also is requiring that this project be expanded to include the west bound left turn deceleration lane for the full median opening at SE 1C
Avenue. This deceleration lane is also relevant to the development traffic in this area and will bring the lane to current FDOTstandards to provide
safer and more efficient movement at this location and enhance the thorough movement on SR 70.
The Applebee's Neighborhood Grill&Bar facility and land is owned by In This Together I, a Florida corporation formed in 2010. The cost of the
land purchase and construction of the budding was$1,500,000. GatorApple 1 LLC, the job creator and participating party, will be leasing the
facility and is responsible for managing the restaurant. GatorApple 1 has another successful Applebee's facility in Punta Gorda, Florida and has a
proven track record in restaurant management.
The App/ebere s Neighborhood Grill&Bar in Okeechobee will create fifty(50)Full-Time Equivalent(FTE)jobs, of which fifteen(15)FTEs will be
counted for scoring in the grant application. Of the 15 FTE's, twelve(12), or 80% of the jobs created, will be made available to low-to-moderate
income residents of the City.
• The number and types of jobs to be created and/or retained
A national objective will be met by the creation of new jobs that will be made available to persons with low-to-moderate incomes. For grant
scoring purposes, the Applebee's Neighborhood Grill&Bar in Okeechobee is committing to create at/east fifteen(15)new FTE jobs of which
twelve(12)jobs or 80% will be made available to low-to-moderate income persons as defined by HUD income limits. Types of jobs to be created
include:
Job Title of Created Job ! Total FTE Jobs to be Created Total FTE Jobs to Be Created for LMI
Persons
Cook l - - -----
12
1 1 15 10
I
1 __ Hostess/Host $– _– _ 5.—
Bar 4 2
Managers 5 0
Expo I 3 1
To Go Staff 4 2
TOTALS 69 — — — 32 1
9 N- 1
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• Additional development, spin-off jobs, and the need for additional goods and services which are likely to be stimulated by the proposed
project
Additional spin-off development is expected to occur near the job creation location at 1210 Hwy. 70 East, Okeechobee. There are discussions
regarding the future development of a small strip center to be constructed within the next 5-10 years on one of the out parcels adjacent to the
restaurant site.
• Any increases to the tax base that will occur, including property, sales, and other taxes
Local government revenues and the local tax base will be improved by the additional revenue received from the restaurant's property taxes as well
as tourism taxes and accompanying sales taxes.
• Anticipated training needs of 1.141 persons who may apply for the created jobs; and how and who will provide the training
The management team of the Applebees Neighborhood Grill&Bar is working with the local Workforce Development Office to screen and train the
low-to-moderate income persons who appty for the created jobs. Gator Apple 1, as the job creator and management team, will also be providing
on-the-job training, as needed, to the LMI persons who apply for jobs
• That the cost per job to be created and/or retained by each Participating Party as a direct result of the CDBG assisted activity is less than
$35,000 in CDBG funds
The cost per job to be created or retained by the Participating Party as a direct result of the CDBG assisted activity will be less than $35,000 per
job in CDBG funds. The cost per job for this project is$17,188.00.
10
00 • • • • • • • • • • • • • • • • 11 * III II Oil II ili • GI 1 4 I SIVIIIII1111415WS
Project Narrative
Form G-2-ED-LOAN
Specific directions for Economic Development application narratives can be found in the instructions provided for the Economic Development category.
If applying for a CDBG Economic Development grant,and a loan will be made from the CDBG funds,provide the following information: N/A
1. Specify the exact corporate, personal,or partnership name of the proposed borrower(s)and guarantor(s).
I
I-- _ _____ _______ __ ______ __
2. Specify the amount of the CDBG loan request,the proposed interest rate,the proposed term of the loan, and the frequency and amount of payment.
The interest rate may be no less than 5.5 percent per annum below the prime interest rate as of the date of the application, but in no case may be it
i 1
, less than 4.0 percent per annum.
.--
Loan Request Proposed Interest Rate Proposed Term of Loan Frequency and Amount of Payment
I $ 1
I
3. Specify the type and value of collateral offered and proposed lien or mortgage position of the CDBG loan.
Type of Collateral Value of Collateral -, Proposed Lien or Mortgage Position
1 1
) ,
—-- —
h--
I 4. Specify why a loan of CDBG funds to a Participating Party is necessary for the project to work. A declarative statement by the Participating Party or
1
-- the local government is not adequate. A quantitative explanation must be provided that justifies the amount and terms of the CDBG loan based on:
'i—
II • Filling a documented and quantified financial gap, or
— — _
• Providing a funding mechanism to motivate a Participating Party to locate within an economically distressed area of the jurisdiction by
LI_ paying the increased cost of locating to that distressed area,or
--- —
I • Creating a reasonable rate of return for a Participating Party when,without the infusion of CDBG funds,the rate of return is such that the
I Participating Party will not make the investment necessary for the job creation to occur, or
i • Providing a funding mechanism to"level the playing field,"from a cost perspective in a Participating Party's decision to choose between
1
_ locating in the local government's jurisdiction and locating in another state.
11
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General Scoring Criteria
Form G-3
- -
1. Enter the Local Government's Community-Wide Needs Score
This document is posted to the Department's website at:
; Score: 48.71
htto://www.floridacommunitydevelopment.org/cdbg/index.cfm
2. Special Designation Score
Check all applicable designations and enter a score of 20 if all activities, are within any of the boundaries Score: 20
of the following designated areas.
)0(___ Rural Area of Critical Economic Concern designated by the
- Empowerment Zone, Enterprise Community, or Champion
Governor or
Community, pursuant to the Economic Empowerment Act of 1993
Rural Economic Development Initiative (REDI) community
+--
Area of Critical State Concern pursuant to Chapter 380.05, F.S. — Florida Enterprise Zone pursuant to Chapter 290.0065, F.S.
- HUD-designated Renewal Community Front Porch Community
3. Grant History Score If the applicant has not had an open CDBG contract in the NR, CR, or HR
Score: 00
categories within five years of application deadline, claim 100 points.
4. Outstanding Performance in Equal Employment Opportunity(EEO)
The applicant may claim up to 25 points for achievement in M/WBE contracting in the most recent CDBG grant administratively closed out not
more than four years before application deadline date. Review the M/WBE reports submitted to DCA for that grant and enter a score based on
the achievement reported.
Grant Number: 06DB-3K-0-7-57-02-E10 closed out on 07-16-08
$464,655.46 ÷ $464,655.46 X 100 = 100 M/WBE %
Amount Awarded to M/WBE firms Total Prime Contracts Amount
M/WBE % Points
5.0- 9.99% 5
10.0 -14.99% 10
15.0 -19.99% 20
XX_ 20%+ 25
If the applicant has not administratively closed out a CDBG grant within
four years of the application deadline date, score 5 points. Score: 25 (Maximum 25 points)
13
• • • • • • • • • • • • • • • • • • • 4141441441411111.5111FTIMWIIWirril
General Scoring Criteria
Form G-3 (Continued)
- -- - --- --- -1
Local Government Minority Employment
— ---- -- 1
The applicant may claim up to 60 points for meeting minority employment goals. Complete the table below to calculate the applicant's
percentage of minority employees. See instructions for calculations.
_ _
Number of Permanent Full-time Number of Permanent Full-time Equivalent Applicant Applicant's Percentage of
Equivalent Minority Applicant Employees , Minority Employees
Employees ......
1 54 L .0185 %
Enter percentage of minorities in the applicant's county: 11.8 %j-
If the "Prorated 60 Points Score"is claimed, complete the following equation: )
Applicant's Percentage of Minority Percentage of Minorities in Applicant's Percentage
= Points Claimed
Employees Applicant's County , of Minority Employees
X 60
= I
..2_ 9.42
.0185 • 11.8% .1569 1
If the applicant has three (3)or less employees, 40 points may be claimed.
Total Score(60 Points Maximum): 1 ,
i
5. Outstanding Performance in Fair Housing '
The applicant may claim five points for each of the following Fair Housing goals. See instructions for guidelines and documentation requirements.
Date i Score
Date Fair Housing Ordinance Adopted 10-16-1990 5
02-21-2012 -1-1
Date of training or educational program designed for the general public and elected officials 5
6:00 p.m.
02-21-2012
Date of training or educational program designed for professionals 5
3:00 p.m.
Total Score (15 Points Maximum) 15 '
Summary Score 49.42
(Transfer this score to the Scoring Summary)
14
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Part III — Sources and Uses of Non-CDBG Funds (Leverage)
15
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Sources and Uses of Non-CDBG Funds
Private, Participating Party, Public Leverage from Non-Local and Local Funding Sources
Form L-1
Source Amount Amount Type
Claimed for Not Claimed for (Participating Party,Loan,Grant, Local
Scoring Scoring Government Funds,Donated Land,or Other
Levera_gel
Activity# None $00.00 $00.00
f-- i—
,
-,-- -H
Subtotals • $00.00 $00.00
I- -f- —
Total Leverage Claimed for Scoring 1 $00.00 T$0° 0
I!I 1
— —
Use the preceding totals to compute the number of points you are claiming for leverage scoring.
16
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Leverage Score Summary, - -
Leverage Points Calculation for CR, NR and HR
÷ $5,000 = Points
Maximum 25 Points
Leverage Points Calculation for ED
$0 .00 4-$10,000 = 0 Points
•
Maximum 125 Points
Summary Score 0
(Transfer this score to the Scoring Summary)
17
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Part V - Economic Development (CDBG-E)
18
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Job Creation/Retention and LMI Benefit Impact Score
Form E-1
1. Average Cost per Beneficiary Score
- -
Cost per FTE job: ($34,999 max.) Total CDBG funds requested ÷Total # of FTE jobs created or jobs retained = $17,188
L $257,827.00 15 FTE
Enter points based on the following:
$ 1
- $ 9,999
— - 175 points
$10,000 - $19,999 160 points
$20,000 - $34,999 150 points
$35,000 + Loss of funding reservation
Enter Score: 160
L175 Points Maximum
2. Low-to-Moderate Income(LMIlBeneficiary Impact Score
Number of FTE Jobs to be Created/Retained for LMI Persons Total Number of FTE Jobs Created/Retained = 80 wo
15 FTE 12 LMI FTE
Enter points based on the following:
0 to 50.99% Loss of funding reservation
51% and above 0 points
OR If a national objective is to be attained under the provisions of 24 CFR 0 points
Section 570.483(b)(4)(iv)or (v)
Enter Score
00 0 Points Maximum
19
Form E-1 (Continued)
3. Full-time Equivalent LMI lobs Score
Number of hours to be worked on an annual basis by all created/retained LMI job employees 24,000 divided by 2,000 hours =. Total Number
of FTE LMI jobs.
Enter the points below based on the following number of FTE LMI jobs.
Under 12 jobs 150 points
12-18 LMI jobs _ 160 points
19 or more LMI jobs 175 points -
Enter Score
160 175 Points Maximum
4. Unemployment Level Score
Applicants(Cities and Counties) may score points if the most recent unemployment percentage for their County exceeds the most recent Seasonably
Adjusted Unemployment percentage for the entire State by .01 or more. Locate the range below that reflects the most recent unemployment
percentage above the applicant's county unemployment percentage and enter score. State—9.9%; Okeechobee—11.1% Dec. 2011
Under.1% Over State Unemployment Level 0 points mi
_1%to 1%Over State Unemployment Level _ 10 points
1.1%to 1.75% Over State Unemployment Level 15 points
L1.76% to 2.5% Over State Unemplo_yment Level 120 points
2.51% + Over State Unemployment Level 4 25 points
Enter Score: 15
25 Points Maximum
20
Other Community Development Activities
1. Economic Development Element of the Local Government's Comprehensive Plan Score
Has the local government adopted an Economic Development Element to its Comprehensive Plan in conformance with Chapter 163, F.S..
Yes (30 points) No 00 (0 points)
If yes, include a copy of the Economic Development Element with the application and include evidence of adoption of the Element by the local
government.
Score : 00 30 Points Maximum
2. Investment Ratio—For CDBG Loans Only NOT APPLICABLE
! For projects where a loan is proposed, calculate the ratio of CDBG loan funds requested by each Participating Party to at eligible leverage funds. If
I the CDBG funds to be loaned to a Participating Party constitute more than 50% of the total funds to be invested by the Participating Party at the job
creation location, the project will lose its funding reservation.
Name of Participating Party
A. CDBG Funds Requested for a CDBG loan to a Participating Party (does not include requested CDBG administrative cost)$
B. Total private funds to be spent at the job creation location by a Participating Party: $
C. Private Investment Ratio [2(B) _ 2(A)] Carried to four decimal places =
If 2C is .9999 or less score reduction = Loss of funding reservation
If 2C is 1.0 or greater, score reduction =zero points
0 Points
If proposing to offer a CDBG loan to more than one Participating Party,a separate calculation must be done for each Participating
Party.
21
Total Funds Required for CDBG Project
Form E-2
Activity Activity Name(If you wish to undertake an RUS Engineering Table CDBG Funds Partidpating Party Public Other Funds Total Funds
# activity that is not listed below,contact the 1 Leverage Funds Leverage Required- Contributed to
CDBG Program for assistance.) from Local& Not Scored Project
Non-Local as Leverage
Sources
01 Acquisition(in Support of) No Engineering $ $
-
17D Building Construction Table II 1_ ___ __ _
04A Demolition of Vacant Dila•idated Buildin s No Engineering ti----033 Water Facilities(Water Treatment Plant, ; Table I $ ; $ I $ $ $
Tanks,Wells) - -__-- ---- - -
033 Water lines Table II - -- - -- _-_-_.._---
033 Sewer Facilities Table I $ _ •
- 1
033 1 Fire Protection -__ i )0C 11 • --- $ •• ----
03I I Flood and Drainage _ Table II _ $
03K Street Improvements Table II 1 $200,994__ $00.00 i 00.00 $00.00_- 200,994
03G- Parking Facilities -_-- Table II $ _$__ _. $ _--____ __---J�
03 Relocation of Utilities to Underground Table II i $ -__ $ 4-$-_ -
033 Solid Waste Disposal Table II $ _ - _,
08 Relocation No Engineering i $ i - _41:_ $
17C Rehabilitation of Commercial Buildings I Table II _ -_-_. $__ _______
03 Removal of Architectural Barriers in Public TABLE II $ $ $ $
1 $
Buildings
[18A Direct Assistance to For Profits AS APPLICABLE $ --___ •
16B Historic Rehabilitation and Preservation TABLE II I
Other-Describe -_--_-- 1 $ $ L$ -
FOR NON-CDBG FUNDS ONLY
Initial Inventory(Start-Dips Only) I No Engineering _ • - .._$ I $
Increase Inventory No Engineering $ $ _ _�
_Non-Capitalized Toots and Equipment No Engineering $ $ _ --_ ,
Other-Describe(Bldg./Land) I $ $ $_ $1,500L000 I $
1. Totals(Columns C,D,E and F) _ _$200L994 1 $00.00 00.00 i $1500,000 $1,700,994
2. Total Funds Required to Complete CDBG Project all sources •excluding Engineering&Admin,add columns C,D,E,&F $1,700_,994
� mP J ( )� 9 9� 9 i � i i -_
3. Indicate the RUS Used and Enter Engineering Funds RUS TABLE USED: I II_UBoth Prorated
-__ Basic Fee $18,883 j0 .00 0 _ $00.00 $00.00 T $18,883
Resident Inspection Fee _ I $11,847 _ $00.00 $00.00 $00.00 $11,847 --
Preliminary Engineering Fee $1,005 00.00 $00.00 $00.00 $1,005
Additional Ens ineeri • Services _ 6 000 _ 00.00 $00.00 $00.00 I$6,000
4. Total Engineering Fees by Source 37,735 _ $00.00 _ $00.00 $00.00 I $37,735-_
5. Enter Administrative Funds 19 098 00.00 $00.00 $00.00 � $19,098
-------- - -- ---
6. Totals by Source $257,827 $00.00 $00.00 $00.00 $1,757,827
i I
22
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Total Funds Required for CDBG Project
Form E-2
1 F
A B
C I D ,---
E j F G
Activity Activity Activity Name(If you wish to undertake an RUS Engineering Table CDBG Funds Participating Party Public ; Other Funds ! Total Funds !
# activity that is not listed below,contact the Leverage Funds Leverage Required- Contributed to 1
,
CDBG Program for assistance.) ' from Local& Not Scored 1 Project ,
1
Non-Local as Leverage 1 ,
Sources _ _ 1___
L 01 Acquisition(in Support of) No Engineering $ i__$__ $ $
L $_
1--I 17D Building Construction Table II $___ 1 $ $ 1 $ ', $_
04A t
Demolition of Vacant Dilapidated Buildings No Engineering $ $ $ $
03) Water Facilities(Water Treatment Plant, Table I $ 1 $ , $ $ : $
L 'rinks Wells)
1 ;- i
03] Water Lines Table II $ i $__ 1_$ $ L $
t
03.1 Sewer dlities Table I $ -4--$- ,_$_
03J Fire Protection )0( __LI 1 $_ $_ 4 $
031 Flood and Drainage Table II •• [_$_ l_s_
,
03K Street Improvements Table II 4200,994 I $00.00 -1 $00.00 *caw $200994 1
03G Parking Facilities Table II $__ 1
i $ -1- S- ,_$ $
03 Relocation of Utilities to Underground Table II F t 1 $ i $
4 -r-- i--$ ,---
033 Solid Waste Disposal Table II. ___j_ 1 $ , $___ 4_$
1
1--
08 Relocation No Eng_neenng 1-; $- $ $ i $ _
17C F Rehabilitation of Commercial Buildings Table II __f 14 ! $ 'i- $ $
----, t
03 Removal of Architectural Barriers in Public TABLE II i $ i $ 1 $ 1 $ $
1
Buildings
4 ,
18A Direct Assistance to For Profits AS APPLICABLE 11 $ $ -A- i
$ L$
16B Historic Rehabilitation and Preservation TABLE II
__ +--$ 4-1 $ ! $_
Oth 2$__•er-Describe , $._ 1 A. I $__ Lk
FOR NON CDBG FUNDS ONLY
Initial Inventory(Start-Ups Only) No Engineering $ Ii 1 $ -TA- if $
r--
Increase Inventory No Engineering $ 1___$ _j__$__ 1_S 4 $
! ! $_ $_ __$
Non-Capitalized Tools and Equipment
Other-Describe No Engineering
___j+ 1 $$ 1 $ $ 1 $
_
1. _1 Totals(Columns C,D, E and F) 1 $200,994 $00.00 I $00.00 ; $00.00 ; $200,994
I- - --
i 2. -- Total Funds Required to Complete CDBG Project(all sources); excluding Engineering&Admin,add columns C,D, E,&F ; $200,994
1--- -,
3' 1 Indicatethe RUS Used and Enter Engineering Funds RUS TABLE USED: I_ II XX Both Prorated
I__Basic Fee F $18,883 j $00.00 ,
; $00.00 T_$00.00 $18,883
- --- _,_
1 Resident Inspection Fee I $11,847 I $00.00 H$00.00 I $00.00 ' $114
1 Preliminary Engineering Fee 1 $1,005 I $00.00 I $00.00 L$00.00 ; $1,005
1---- --1
Additional Engineering Services : 0__I 1 $00.00 1 $00.00 1 $00.00 I 46,000
I
4. Total Engineering Fees by Source $37 0 735 1 $00.00 $00.00 L.$00.00 1 $37,735
1 . Enter Administrative Funds $19,098 I $00.00 L$00.00 1 $00.00 $19,098
!----
6.
Totals by Source -1 $257,827 ; $00.00 -1, $00.00 ! $00.00 $257,827
I L ,
1 _
22 Oittp„,,4 PtA9.
Participating Party Jobs Creation Information
Form E-4
Name of Participating Party Gator Apple 1, LLC
A T-
B i C
1 D E F G
--7----
Job Title of Created Job Total FTE Jobs I Total FTE Hourly Pay Rate Total Annual Payroll for This Total Payroll for Jobs Proposed Hiring Date
to be Created Jobs to Be or Annual Pay Job Title Created for LMI Persons Month/Year
Created for Rate
- LM1 Persons
Servers 26 11 $12,016 $312,416 $132,176 March-April, 2012
Cooks 10 7 $22,000 $220,000 $154,000 March-April, 2012
t-
Hostess/Host 6 4 $15,340 $92,040 $61,360 March-April, 2012
Bar 2 _L_1 $15,340 $30,680 $15,340 March-April, 2012
Managers 3
4 0 $40,000 $120,000 $00,000 March-April, 2012
Expo 1 1 $15,340 $15,340 $15,340 March-April, 2012
To Go Staff 2 2 $15,340 $30,680 $30,680 March-April, 2012
t— —
-
TOTALS 50 26 $821,156 $408,896
Use additional sheets if necessary.
For purposes of scoring, only 15 FTE jobs will be counted of which 12 FTE will be LMI positions.
Summary Score 335
(Transfer this score to the Scoring Summary)
23
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Participating Party Jobs Creation Information
Form E-4
Name of Participating Party Gator Apple 1, LLC
A B C D T E F G
Job Title of Created Job Total FTE Jobs Total FIE Hourly Pay Rate Total Annual Payroll for This Total Payroll for Jobs Proposed Hiring Date
to be Created Jobs to Be or Annual Pay Job Title Created for LMI Persons Month/Year
Created for Rate
LMI Persons
,. t-
Servers 30 12 $12,016 $360,490 $144,192 March-April, 2012
I--
Cooks 15 10 $22,000 $330,000 $220,000 March-April, 2012
Hostess/Host 8 5 $15,340 $80,535 $76,700 , March-April, 2012
Bar 4 2 $15,340 $61,360 $30,680 ! March-April, 2012
,
----T
Managers 5 0 $40,000 $200,000 $00,000 March-April, 2012
_+._
Expo 3 1 $15,340 $26,845 $15,340 March-April, 2012
To Go Staff 4 2 $15,340 $42,185 $30,680 March-April, 2012
--1- — -r
H -I
.
-
,
F---- --
TOTALS 69 ! 32
1-- $1,101,415 $517,592
Use additional sheets if necessary.
For purposes of scoring, only 15 FTE jobs will be counted of which 12 FTE will be LMI positions.
Summary Score 335
(Transfer this score to the Scoring Summary)
0A(9614X° FP3
23
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Documentation Requirements
Submit the documentation, explained in the following pages, in the Supporting Documentation Section. If items are missing,the application will
be returned to the applicant for resubmission. Documentation must be on the appropriate letterhead and signed by an individual authorized to
make the commitment. Unsigned letters shall not serve as a letter of commitment. The following items must be included with an ED application.
The title of each should appear at the top of the page(s) for easy identification. Number the pages and indicate the page number where each of
these items can be found.
Documentation and Page Number
A. Local Government Commitment 129
B. Local Government Cost Estimate 134
C. Multi-Jurisdictional Activity Information N/A
D. Commitment of Non-CDBG Funds to be N/A
E. Spent by the local government N/A
F. Comprehensive Plan Conformance and Relevant Excerpts 36
G. Initial Participating Party Commitments 64
H. Business Plan 68
I. Participating Party(s)Current Employee N/A
Information, if Applicable
J. Participating Party(s) Proposed New Job 23
Creation Information
K. Financial Information for Participating 78
Parties which are expanding or to whom
a CDBG Loan Is Proposed
24
Part VIII— Certification and Score Summary
25
711 IF WIC ill II 11 11041140600114411111
I, the undersigned chief elected official or authorized representative of the local government, certify that, to the best of my knowledge, this
application for Small Cities Community Development Block Grant funding was prepared in accordance with state and federal rules and regulations,
contains information that is true and correct, and has been approved by the local governing body.
I, the undersigned, certify that the local government(Applicant):
1. Has met all citizen participation requirements:
• Public hearings were conducted by a member of the local governing body or a duly authorized employee;
• The first public hearing was conducted to obtain citizen views about community development needs and potential uses of CDBG funding;
• A second public hearing was conducted to obtain citizen comments on the application; and
• Public notice for the second public hearing was published after the first public hearing was conducted.
2. Has properly conducted surveys of service areas to document LMI benefit, if applicable.
3. Will comply with the Intergovernmental Coordination and Review requirements by submitting the required information to the local Regional
Planning Council and to the State Clearing House.
4. Will not attempt to recover, through special assessments, capital costs of public improvements funded in whole or in part with CDBG funds.
5. Will ensure that upon completion of housing structures addressed with CDBG funds, each housing structure will meet the local housing code.
6. Will administer the grant in conformity with the Civil Rights Act of 1964 and the Fair Housing Act.
7. Will affirmatively further fair housing and undertake one fair housing activity each year.
8. Has adopted a Community Development Plan or has adopted the Local Comprehensive Plan as the Community Development Plan.
9. Has adopted an Anti-Displacement and Relocation Plan and will minimize the displacement of persons.
10. Has presented accurate information and has documentation on file and readily accessible to Department of Community Affairs.
11. Has authorized the submission of this application by vote of the local governing body.
26
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Failure of the Chief Elected Official to properly sign the application by the deadline, or failure to include a copy of the ordinance or
resolution of the governing body authorizing another individual to sign the application, will result in a 50-point penalty being
assessed against the application that cannot be eliminated during the completeness process.
Signature of Chief Elected Official or Designee(If signed by a person designated by the local governing body, a copy of the
resolution must be included.)
-Signature
Typed Name and Title James E. Kirk, Mayor
Date
If signed by a person other than the chief elected official, is a copy of the required resolution Mies No
included in the Appendices?
Signature of Application Preparer if other than an employee of the Local Government
Signature / ,„
Typed Name and Title Nancy Phillips, Managing Member
Name of Firm or Agency Nancy Phillips&Associates, L.C.
27
Application Scoring Summary
This form is the applicant's evaluation of the application score. Use the"scores"identified in the application to complete this form when you have finished filling
out the application. Enter the scores or other information in the appropriate columns. If additional pages are needed(number them with a lowercase letter such
as 7a, 7b, 7c, etc.). When all of the scores have been transferred to this form, add the scores and enter the total.
Enter Name of Local Government Applicant: City of Okeechobee For DCA Use Only: Application Number
Enter Type of Application(s): Economic Development
Complete this form for each application submitted.
FORM TITLE/SCORE PAGE CR ED N NR
1. Community-Wide Needs Score(250 Points Maximum) 48.71
2. Outstanding Performance in Equal Employment 49.42
Opportunity and Fair Housing(100 points maximum)
3. Program Impact(650 Points Maximum):
• Special Designation Score(20 Points Maximum) 20
• Grant History Score(100 Points Maximum) 0
• Leverage(Note: 25 Points Maximum for CR, NR and 0
H and 125 Points Maximum for ED)
• Category Score Summary 335
Total Program Impact Score 355
TOTAL APPLICATION SCORE(1000 Points Maximum) 453.13
LESS PENALTIES ASSESSED(For DCA Use Only)
FINAL SCORE(For DCA Use Only)
28
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1f` 'xi`Iri `x,111.61111.1 • `! • i 0 i 0 II llo • •"lb 4,1110.11'Sill
Application Scoring Summary
This form is the applicant's evaluation of the application score. Use the"scores"identified in the application to complete this form when you have finished filling
out the application. Enter the scores or other information in the appropriate columns. If additional pages are needed(number them with a lowercase letter such
as 7a, 7b, 7c, etc.). When all of the scores have been transferred to this form, add the scores and enter the total.
Enter Name of Local Government Applicant: City of Okeechobee T For DCA Use Only: Application Number
Enter Type of Application(s): Economic Development
LComplete this form for each application submitted.
FORM TITLE/SCORE — ! PAGE 1 CR ED j H NR
1. Community-Wide Needs Score(250 Points Maximum) ; 48.71
tY- ( )
2. Outstanding Performance in Equal Employment 49.42
Opportunity and Fair Housing (100 points m_aximum
3. Program Impact(650 Points Maximum):
- - - — —
_ — — —
• Special Designation Score(20 Points Maximum) 20
• Grant History Score(100 Points Maximum) i j 100
• Leverage(Note: 25 Points Maximum for CR, NR and 0
_ - — Hand 125 Points Maximum for ED) _—__----__-_— !-- -.-_--
• Category Score Summary 335
f Total Program Impact Score --- — 455
TOTAL APPLICATION SCORE(1000 Points Maximum) 553.13 '
t
LESS PENALTIES ASSESSED(For DCA Use Only)
r — ` — — —— --- --—r--— -+ — -
FINAL SCORE(For DCA Use Only)
h
28 61..q
1.**-0*'•••-eiirmiliriiiiiiiiseiieesoossiosososoesegoese
Part IX- Forms and Supporting Documentation
29
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Place all supporting documentation, in the order it is referenced in the application in this section. Separate the documents with a titled tab or titled colored
paper.
APPENDIX TITLE PAGE
A Ma's -Jurisdiction Service Area 100-Year Flood Plain(Required) 31
B Com'rehensive Plan Documents,as Amended (Required) 35
C Joint Agreements,Contingency Funding Documentation and/or Interlocal Agreements N/A
D Historic Preservation Documents __--_ N/A
E Leverage Documentation(Letter of Commitment, etc.) N/A
F Grant A'plication Preparation N A
G Readiness to Proceed Documentation _ N A
H _
VU/LMI Worksheets or Census Data and/or Census Maps N/A
I Health and Safety Impact Documentation _ _ N A
] Local Governin' Bod 's Resolution for Signature Designation 45
K Housing Assistance Plan N/A
L Public Hearing Documentation (includes CATF Documentation) 47
M Special Designation 57
N Economic Development Documentation(not induded above) PPA Commitment Letter, Business 63
PlanLFinancials,Current Interim Financial Statement, Lease,and Bank Statement
O Local Government Commitment Letter, Engineer Letter, FDOT Email,City Employee Listing, 128
Unemployment Data
P
Other — — — — — — — — -1 —
R
Appendix C: Joint Agreements/Contingency Funding Documentation/Interlocal Agreements
Appendix D: Historic Preservation Documentation
Appendix E: Leverage Documentation (Letter of Commitment,etc.)
Appendix F: Grant Application Preparation
Appendix G: Readiness to Proceed Documentation
Appendix H: VLI/LMI Worksheets or Census Data and/or Census Maps
Appendix I: Health and Safety Impact Documentation
Appendix 3: Local Governing Body's Resolution for Signature Designation
Appendix K: Housing Assistance Plan(Required for all Housing Applications)
Appendix L: Public Hearing Documentation
Appendix M: Special Designation Documentation
Appendix N: Economic Development Documentation(not included above)
30
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APPENDIX A
MAPS
31
IN
■ OKEECHOBEE COUNTY A
1 Created:Wednesday,August 27,2008 9:48:15 AM
1
1
1 =
1
1
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1 CITY OF OKEECHOBEE N
1
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'7 ::..
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al► t or CITY CITY HALL
1 C— u::#::s.
I - ■■■■.■■■ V, SR70
1 _____ . ._-..
■■■:1■ �
•
■ ` CDBG OFFICES
IIII
MO 119111 MIII 1
KM I
► a; v
1 j 4 11 L _, Legend
I
* CITY HALL
1
► 1,__, ■ �, J,_j CDBG OFFICES
/ - I r - CITY LIMIT
1 in=1 miles
JURISDICTION MAP
City of Okeechobee
Applebees Project
` - Grant Application for
State Road 70
"W1°'^Street ' •' .--; Turn-Lane Improvements
City of
Okeechobee
LEGEND:
;.44 ;
1 City of Okeechobee Limits
* Applebees Location
� r ; mow SR-70 Turn Lane
SW 1S'^Street
Improvement Limits
L-r-1 I A City Hall Building
■ -
SW 23'"Street j 1J ---
laylor Creek
ra.a:.
NORTH i I
0 0.5 1.0
miles mile
gev map - Ln - 1419 t
PI I e lI 1 > . 0
‘ t. ti:--
III N-129
111/ DEPARTMENT OF HOMELAND SECURITY 0.M.B.No.1660-0003
ill EMERGENCY PREPAREDNESS AND RESPONSE DIRECTORATE Expires September 30,2010
NATIONAL FLOOD INSURANCE PROGRAM See reverse side for
ilk Paperwork Burden Notice
Biennial Report for
PBrian Whitehall RETURN TO:
(or Floodplain Administrator) Calendar Year 2007 and 2008 Federal Emergency Management Agency
OKEECHOBEE,CITY OF Biennial Report Coordinator
55 S.E.3RD AVENUE REGULAR PROGRAM 3601 Eisenhower Avenue
OKEECHOBEE.FL 34974 (No Special Flood hazard Areas) Alexandria,VA 22304
IP
. INSTRUCTIONS
IP I. This report should be completed by the locally designated Floodplain Manager(e.g.,your Community Manager,
Community Planner,Building Inspector,etc.).
• 2. Please return this report within 45 days of receipt to the address above,or fax it to 1-877-NFIP-BR1. If you would like to
respond via the Internet,go to www.t loodmaps.net/br2009/default.asp and use the following PIN number
10 120178000132.
IP For more information,contact the FEMA Biennial Report Coordinator toll free at I-877-FEMA-114(1-877-336-2114).
SECTION I—Changes in your community that may have affected flood hazard areas:
IP
III it has been determined by FEMA that your community contains No Special Flood Hazard Areas and does not have a Flood Hazard Boundary Map or
Flood Insurance Rate Map. Completion of this form by your community will help us identify information that could be useful in evaluating your
li program and mapping status.
10 /Lyon answer "yes"to any question in this section,please be prepared to provide explanatory it formation and/or technical data
including, when appropriate,your own community map showing the areas affected Do nor send this information at this firm. FEIIL4
may contact you by phone in the near ffume for this information.
Yes No
0 A. Has there been a change to your community's corporate limits or extraterritorial boundaries that has resulted in your U
community annexing flood hazard areas? ES
ID B. Has there been any physical change,either natural or man-made in your community that could increase flood hazards? El I I
II (e.g..major landuse changes due to urbanization,deforestation,wildfires,or stream relocation due to erosion/siltation) t
illC. Does your community have new information that indicates the presence of flood hazards in your community? n L_J
01 (e.g.,watershed studies or Base Flood Elevations established by developers)
0 SECTION Ii—Community Floodplain Management Data during the last 2 veers(calendar years 2007-2008 only):
ob Yes No
A.if your community has a floodplain management ordinance,has it been updated during the reporting period? E Er
1
B. Please update the demographic information for your community that was provided to FEMA when your community last reported to the National
Flood Insurance Program. If any numbers are NOT correct or a"0"appears,please provide the revised number in the spaces below. If precise
data are not available,please provide your best estimate.
Permanent 1-4 Family All other
Year-Round Structures Structures
Population
6.000 2,200 0
I. In your entire community
NAME,TITLE,SIGNATURE,AND E-MAIL ADDRESS
PHONE NO. Date
(include area code) Month Year
Brian Whitehall , C ''ty Ad ' nistrator
B63-763-3372 05 09
/
FEMA For 81-29AUL 08 REPLACES ALL PREVIOUS EDITIONS Retain a copy of this report for your records
bwhite all cityofoke -chobee.coin
N
33
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REVISIONS
DATE BY DESCRIPTION DATE BY DESCRIPTNON ❑®❑ 0 CITY OF OBEELYIOBE6
0 't�' SHEET
,� ;;;;,,,,, GATOR APPLE I LLC
NO.
OM 5E404 it 51950
NIA: •�I>E m yp CONCEPT PLAN
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APPENDIX B
COMPREHENSIVE PLAN DOCUMENTS
35
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TRAFFIC CIRCULATION ELEMENT
36
1 Traffic Circulation Element
1 Goals, Objectives and Policies
1 Goal: To develop a traffic circulation system which safely and efficiently meets existing
1 and future transportation needs,promotes accepted design standards, and achieves
1 desired levels of service.
Objective 1: The City of Okeechobee, as part of its five-year capital improvements
1 program, shall continue to identify needed improvements and time frames
1 for correction of existing roadway deficiencies.
Policy 1.1: The City shall, by 2002, rank proposed roadway projects in order of
1 priority according to the following guidelines:
1
1 Priority 1: The project is needed to protect public health and safety, to
fulfill the City's legal commitment to provide facilities and services, or to
1 achieve full use of existing facilities.
1 Priority 2: The project increases efficiency or reduces maintenance costs
of existing facilities, prevents or reduces future improvement costs,
1 provides service to developed areas lacking full service, or promotes infill
1 development.
Priority 3: The project represents a logical extension of facilities and
1 services within a designated urban service area.
1
1 Policy 1.2: The City shall, by 2002, complete a survey of striping, signalization,
signage and other road conditions to identify areas in need of
i improvement.
' Policy 1.3: The City shall, by 2002, develop and maintain a data file on traffic
accidents and identify any roadway deficiencies contributing to such
accidents.
Policy 1.4: The City shall, by 2002, identify all roadways within the City in need of
resurfacing or widening and include those improvements in the Five-Year
Schedule of Capital Improvements.
Objective 2: The City of Okeechobee shall continue to protect existing and future right-
of-way from building encroachment.
Policy 2.1: The+City hereby adopts standard minimum right-of-way requirements for
new roadways as follows:
City of Okeechobee Comprehensive Plan
Traffic Circulation Element 2-1
1 37
0
0
0
i
0 TYPE OF FACILITY F RIGHT-OF-WAY
0 Arterial Roadway 150'
• Collector Roadway 100'
1 Local Road 70' (swale drainage)
50' (curb and gutter)
Policy 2.2: The City shall enforce provisions in its land development regulations to
require mandatory dedications or fees, as a condition of plat approval, for
the purpose of acquiring adequate right-of-way to serve proposed
developments.
Policy 2.3: The City shall identify the right-of-way needs of existing development as
0 soon as possible, and enforce provisions in its land development
regulations to establish measures for acquisition or reservation.
Policy 2.4: In cases where width requirements established in Policy 2.1, are
inadequate for a proposed road improvement project, the City shall, after
0 consulting with FDOT or other appropriate agencies, establish special
0 setbacks or dedication requirements to meet the need for additional right-
of-way.
PI
0 Objective 3: The City of Okeechobee shall continue to support and encourage FDOT in
the implementation of projects listed in the FDOT 5-Year Work Program
0 which are under the City's jurisdiction and are consistent with and further
the Comprehensive Plan.
0 Policy 3.1: The City shall continue to provide necessary coordination and assistance
0 to FDOT in its work efforts toward widening US 441 between CSX
0 Railroad and Cemetery Rd., expanding SR 70 from 8th Avenue west and
0 all other projects included in the 5-Year Work Program covering the
period 2000-2010.
0 Policy 3.2: The City shall continue to promptly report to FDOT any observed
0 deficiencies and needed improvements in state roads so that these may be
added to the current work program or included in upcoming work
programs covering the period 2000-2010.
0
Objective 4: The City of Okeechobee shall continue to coordinate the planning and
0 programming of local transportation improvements with the Future Land
Use Element of this plan, Okeechobee County and FDOT.
0
0 Policy 4.1: The City shall, by 2002, implement a program to monitor and evaluate the
0 impacts of existing and proposed development on the transportation
system in order to ensure consideration of transportation issues in local
0 land use decisions.
11
City of Okeechobee Comprehensive Plan
Traffic Circulation Element 2-2
38
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•
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S
Policy 4.2: In order to improve coordination with FDOT, the City shall continually
• review applicable FDOT plans and programs for consistency with its own
ID
project planning.
Policy 4.3: As part of its Concurrency Management System, the City shall continue to
SO notify FDOT when any proposed development would reduce levels of
•
service on US 441 and SR 70 below adopted minimums.
• Policy 4.4: When transportation facilities become backlogged, the City shall continue
• cooperation with FDOT in adopting strategies, timetables, and
• commitments to bring operating conditions back to acceptable levels of
service over a reasonable period of time.
•
• Policy 4.5: The City shall identify all roadway projects in its Capital Improvements
SP Plan.
• Objective 5: The City of Okeechobee shall continue to coordinate activity with state,
• regional, and local jurisdictions to promote a proper mix of funding for
• transportation improvements.
• Policy 5.1: The City shall continue to aggressively seek funds from FDOT, DCA, the
M County and other appropriate agencies, public and private, to meet the
• funding necessary for needed transportation improvements.
Objective 6: The City of Okeechobee shall continue to implement a program for
• providing roadway needs that integrates acceptable design standards.
® Policy 6.1: The City shall continue to consider and adopt criteria published at the
• federal, state, and local level relating to the design of transportation
• facilities including the FDOT Manual of Uniform Minimum Standards for
Design, Construction, and Maintenance of Streets and Highways; and the
• American Association of State Highways and Transportation Engineers
Policy on Geometric Design of Highways and Streets.
•
• Policy 6.2: The City shall enforce provisions in its land development regulations to
. establish roadway requirements, including appropriate development
setbacks and right-of-way dedications, addressing the need to acquire and
preserve existing and future rights-of-way.
•
. Policy 6.3: The City shall enforce provisions in its land development regulations,
which meet or exceed FDOT standards, to control access to arterial and
collector roads by limiting new curb cuts and driveway permits, or other
• appropriate means.
• Objective 7: The City of Okeechobee shall establish a level of service standards that are
acceptable for existing and future conditions.
•
City of Okeechobee Comprehensive Plan
Traffic Circulation Element 2.3
S
39
Policy 7.1: Minimum peak hour operating levels of service for the City of
Okeechobee shall continue to be consistent with those set forth in the
Florida Highway System Plan, Level of Service Standards and Guidelines
Manual as outlined below:
Facility Type Rural/Urban
with population less than 50,000
Principal Arterials C
Minor Arterials D
All Other Roadways D
Policy 7.2: The City's Concurrency Management System shall continue to use
minimum level of service standards adopted in Policy 7.1 in assessing
whether the transportation impacts of proposed new developments are
acceptable.
Objective 8: The City of Okeechobee shall continue to coordinate development with
the provision of adequate motorized and non-motorized transportation
facilities.
Policy 8.1: The City shall continue to monitor land use development trends and traffic
levels of service to ensure that needed transportation facilities are provided
by developers or appropriate government agencies prior to or concurrent
with development.
Policy 8.2: The City shall not permit new development to occur in locations where the
existing traffic circulation network is insufficient to accommodate the
impacts of the development, unless definite provisions are made to
provide the necessary capacity prior to or concurrent with the
development.
Policy 8.3: As new development is permitted, the City shall continue to reserve and
protect needed right-of-way and/or easements for bicycles and pedestrian
facilities.
Policy 8.4: The City shall enforce provisions in its land development regulations to
require sidewalks in new commercial and residential developments which
are subject to plat or site plan approval, to be linked where possible to the
existing sidewalk system.
Policy 8.5: Areas of the City not currently served by bicycle or pedestrian facilities
shall receive top priority when such facilities are built in the future.
Objective 9: The City of Okeechobee shall encourage efforts to curtail future level of
service standard deterioration, particularly along US Highway 441 and
SR 70.
City of Okeechobee Comprehensive Plan
Traffic Circulation Element 2-4
40
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' Policy 9.1: To assist in improving level of service standards, commercial
redevelopment efforts shall be prioritized to mitigate existing "strip"
commercial sites.
Policy 9.2: Access points to commercial centers shall be limited, where feasible, to
decrease traffic congestion along City arterials and other roadways.
Policy 9.3: Efforts shall be made, where appropriate, to separate local traffic from
' through traffic in commercial areas.
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. City of Okeechobee Comprehensive Plan
Traffic Circulation Element 2-5
S
41
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4,40,:y51,-,n,-A.'‘•
EXISTING TRAFFIC CIRCULATION
CITY OF OKEECHOBEE
i
„
, i Cori* 1
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1 _ ....: - ,--- : =nos. Principal Arter-ials
i . Wa. .,011111 :1177.
1...-”,Motes 1. All roods not otherwise identified are
! '.. "7.1 ,r1REE' .. :,
.(160.
iLorio2E. •itli qm—r--..[,- ****
! — m:nicor, (..,,co°,','::',:rrss
. 1 port of the local callestor/feeder :later%
iwol's'
—17-1771 _ELJ.00111111,10_0_Lt-L_ L "
___J L._. 2. US 441 is a 2-tone road from railroad
crossing to north city limits.
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.... —.....ma.a 1w.w.a...
MAP 2.1
City of Okeechobee Comprehensive Plan
Traffic Circulation Element
2-6
FUTURE TRAFFIC CIRCULATION
CITY OF OKEECHOBEE (`"`-".___ "- .__ _ Li., .• ,
y .� 1
s` Ia;
ij ,,rY I n �' L G D
. .4. Q1-,:)
1 ka V' Principal Arterials
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�� •--� r }�1�+�y{1 Minor Collectors
rini "J•' : a11J �(rir_ �^� NateS 1. All roots not other�.ise identified art
is IJL I]DE :Dn., '.r; rin t 1 pow of tha local eoilaekar/fetd�!r system,
--�"�r--r--� I ' t 2- Pnneipal Anacieto ere 4-lane roods.
•P t 1 1 1 1 1 , I nnDna iEJEDnL I L-� ---� ail of+rs 2-lone roads.
P____Li JJail ❑ 1, L 1:_00DE.00 =
, T !1 L..._; S Cryi =L_...i igon_T-r---U-�- , j ,
n i� � �:� : . EME inn �o[I ,
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MAP 2.2
City of Okeechobee Comprehensive Plan
Traffic Circulation Element
2-7
procedures to prevent inconsistency between future uses and any hazard
mitigation report recommendations.
Objective 12: By the year 2002, the Unified Land Development Code shall be revised to
specifically encourage redevelopment,infill development,compatibility with
adjacent uses,and curtailment of uses inconsistent with the character and land
uses of surrounding areas,and shall discourage urban sprawl,as provided in
the following policy:
Policy 12.1: Criteria, standards, and related provisions established in the Land
Development Code for reducing the impacts from any land uses that are not
in conformance or are inconsistent with this Comprehensive Plan shall as a
minimum:
a) Regulate the subdivision and platting of land.
b) Regulate the use, intensity and location of land development in a
manner that is compatible with adjacent land uses and provides
delineation in the Conservation Element.
c) Protect Conservation Use lands designated on the Future Land Use
Map and those delineated in the Conservation Element.
d) Regulate areas subject to seasonal and periodic flooding by requiring
adequate drainage and stormwater.
e) Ensure safe and convenient on-site traffic flow and vehicle parking
needs through the Site Plan review process and off-street parking
regulations.
0 Ensure that public facility,utility and service authorization has been
procured prior to issuing any development order and that construction
of said facilities, utilities, and services is concurrent with
development.
g) Provide that development orders and permits shall not be issued
which result in a reduction of the level of services for affected public
(community) facilities.
The purpose of such regulations shall be to eliminate or reduce use
i inconsistent with the character of the surrounding area. Such criteria,
/ standards,and related provisions shall not cause undue hardship,economic or
otherwise, to the owners of such nonconforming uses.
i
Plan
Comprehensive ee o
c
City of Okeechobee Ci Pl
F,
Future Land Use Element
°s`- 44 1-15
• • • • • • • • • • • • • • 0000000004111000MOWWW • emwmw
APPENDIX J
LOCAL GOVERNMENT RESOLUTION
45
RESOLUTION NO. 12-03
A RESOLUTION OF THE CITY OF OKEECHOBEE,AUTHORIZING THE
FILING OF THE CITY OF OKEECHOBEE'S FISCAL YEAR 2011 FLORIDA
SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANT ECONOMIC
DEVELOPMENT APPLICATION WITH THE FLORIDA DEPARTMENT OF
ECONOMIC OPPORTUNITY, AND DESIGNATION OF SIGNATURE
AUTHORITY; PROVIDING FOR PUBLIC HEARING AND COMMENT;
PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Florida Legislature, during the 1983 Legislature Session, enacted the
Florida Small Cities Community Development Block Grant Program Act, Florida
Statutes,Chapter 290,to accept and administer the Community Development Block
Grant Program created by Title I of the Housing and Community Development Act
of 1974, as amended; and
WHEREAS, the purpose of the Florida Statutes, Chapter 290, is to assist local
governments in carrying out effective community development activities to arrest and
reverse community decline and restore community vitality, and
WHEREAS, Florida Statutes, Chapter 290, designates the Florida Department of
Community Affairs as the administering agency for the Florida Small Cities
Community Development Block Grant Program; and
WHEREAS, it is the intent of the City of Okeechobee to apply for Fiscal Year 2011 Florida
Small Cities Community Development Block Grant funding in the Economic
Development category; and
WHEREAS,the City of Okeechobee's Fiscal Year 2011 Florida Small Cities Community
Development Block Grant Application reflects the community development needs of
the City.
NOW, THEREFORE, be it resolved before the City Council for the City of Okeechobee,
Florida;presented at a duly advertised public meeting;and passed by majority vote
of the City Council; and properly executed by the Mayor or designee, as Chief
Presiding Officer for the City:
SECTION 1.
That the City Council for the City of Okeechobee, Florida authorizes the Mayor
and/or Pro-Tempore to execute and submit to the Florida Department of Community
Affairs the City's application in the Economic Development category for Fiscal Year
2011 Florida Small Cities Community Development Block Grant Application.
SECTION 2.
•
That the City Administrator is authorized to act in connection with the application and
to provide such additional information as may be required by the Florida Department
of Economic Opportunity for the application and once awarded, authorized to
execute any documents required throughout the entire grant process, including
environmental review process.
SECTION 3. EFFECTIVE DATE.
This resolution shall become effective immediately upon its adoption.
Resolution No. 12-03 Page 1 of 2
INTRODUCED AND ADOPTED in regular session this 215` day of February. 2012.
/
ATTEST: James E. Kirk, Mayor
Lane arniotea, C, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
\ Q)A, 00
John R. Cook, City Attorney
1
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Resolution No. 12-03 Page 2 of 2
p
S'iiiiiiiiiiiiiiiiiiiiii414141 • • • • • • • • • • • . . . • • . .
APPENDIX L
PUBLIC HEARING DOCUMENTATION
47
~��PENDENT
NEWSPAPERS
OKEECHOBEE NEWS 107 S.W.17th Street,Suite I),Okeechobee,FL 34974 (863)763-3134
STATE OF FLORIDA
COUNTY OF OKEECHOBEE
Before the undersigned authority personally
appeared Torn Byrd, who on oath says he is Publisher
of the Okeechobee News, a three times a week
Newspaper published at Okeechobee, in
Okeechobee County, Florida, tha the attached copy of
advertisement being a ,a_ —4..4..___,,, Al-- -
in the matter of Al. _ - A.._r i, ',4': Y *.i', r,,MktaialupIG ,
,. .,-.,-,,III'ut , k *-A44,r. i,_,
,, „. . {„, ..„., -,..”
in the 19th Judicial District of the Circuit Court of . , m . ., _y. 4� ,
Okeechobee County, Florida,was published in said ,., ' :• .*:1,.
newspaper in the issues of 44" '� i i.
/ id 7 // ,)-- g••,.• ••- ,- --l• -2 "t,',-z„,',,' . ;,„r,,p•-.,,lp
'f ,�4•4
Affiant further says that the said Okeechobee News *r.
is a newspaper published at Okeechobee, in said �� , i ,
' Okeechobee County,Florida, and that said newspaper < -- }t om � -�
y R j 11 , i'i .!
■ has heretofore been published continuously in said r` , � 4
Okeechobee County, Florida each week and has been ` ` '• ; " ''s. i,,
entered as second class mail matter at the post office in 4. � �
' Okeechobee, in said Okeechobee County, Florida,for a �E '� V ..
t E �� 3
-tk3RUARTf,LIT IL-1[tt3UCAK IV tt11173-1'RGE SOF S
AGENDA J 1_-____T COUNCIL ACTION•DISCUSSION•VOTE
V. MINUTES CONTINUED.
A. Motion to dispense with the reading and approve the Summary of VOTE
Council Action for the January 17,2012 Regular Meeting continued. KIRK-YEA MAXWELL-YEA O'CONNOR-YEA
WATFORD-YEA WILLIAMS-YEA MOTION CARRIED.
VI. AGENDA-Mayor.
A. Requests for the addition,deferral or withdrawal of items on today's Mayor Kirk asked whether there were any requests for the addition,deferral or withdrawal of items on today's agenda.
agenda. There were none.
VII. OPEN FIRST PUBLIC HEARING FOR FY 2011 COMMUNITY DEVELOP- MAYOR KIRK OPENED THE FIRST PUBLIC HEARING FOR FISCAL YEAR 2011 COMMUNITY DEVELOPMENT
MENT BLOCK.GRANT PROGRAM-Mayor. BLOCK GRANT PROGRAM AT 6:12 P.M.
A. 1. Discuss the CDBG Program for Fiscal Year 2011 Funding Cycle- Mrs.Nancy Phillips of Nancy Phillips and Associates,City Grant Consultant,addressed the Council by stating,this
Nancy Phillips,Grant Administrator. is the first of two required public hearings for the 2011 Community Development Block Grant cycle.Several months
ago the City was awarded a Housing Rehabilitation category CDBG grant in this funding cycle.However,we are also
eligible to apply for an Economic Development category grant.The criteria is based on job creation by a private
business entity.Normal activities are the construction of public infrastructures required to create the jobs.Examples
are water and sewer line extension,roadway or sidewalk improvements.The City has received a request from an
applicant,who may meet the criteria;and eligible to receive up to$700,000.00 in grant funds. Should the Council
agree to move forward with the applicants'request,and in order to meet the time restraints to apply,the next step is
for the City's Citizen Advisory Task Force to review the proposed request.This could be held on Tuesday,February
CO 14,at 6:30 p.m.Then the second public hearing,back before the Council at the February 21St meeting.The deadline
to apply is February 28,2012.
2. Public Comments and Discussion. The floor was opened to receive comments or questions from the public.There were none.
Mayor Kirk then opened the floor for questions from the Council.Council Member Watford asked whether there were
any other potential projects that this applicant would take away from?Administrator Whitehall responded that there
is another potential applicant,for another type of business and location.However,by the time the other business might
materialize,we may be in a new federal fiscal year. It is too premature to say it would or would not hurt the other
applicant.
AGENDA COUNCIL ACTION-DISCUSSION-VOTE
VII, FIRST CDBG PUBLIC HEARING CONTINUED.
A.2. Discuss the CDBG Program for Fiscal Year 2011 Funding Cycle, Mrs.Phillips then addressed the question of whether matching funds were required of the City,and its exposure.While
public comments and discussion continued. matching funds is not a requirement,there could be some exposure to the City based on the cost estimate.The
engineering line item may need to be supplemented.The maximum the grant will allow for engineering fees is 10
percent.Most projects of this nature are running 13 to 15 percent.The City could add a stipulation in the agreement
that the applicant will cover any additional engineering fees.These types of items are negotiated during the 60 days
after the second public hearing.
Council Member Watford made a motion that we move forward with the CDBG Program, Economic
Development category,for Fiscal Year 2011 Funding Cycle, for a left-turn lane at (State Road 70 East)
ApplebeeslHampton Inn(1210 East North Park Street):seconded by Council Member O'Connor.
VOTE
KIRK-YEA MAXWELL-YEA O'CONNOR-YEA
WATFORD-YEA WILLIAMS•YEA MOTION CARRIED.
•
CLOSE PUBLIC HEARING•Mayor. MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:22 P.M.
VIII. NEW BUSINESS.
A. Motion to adopt proposed Resolution No.12-01,delegating Council Member Watford moved to adopt proposed Resolution No. 12-01, delegating authority to sign public
authority to sign public depositors-Finance Director(Exhibit 1). depositors;seconded by Council Member Williams.There was a brief discussion on this item.
cn
Attorney Cook read proposed Resolution No. 12-01 by title only as follows: "A RESOLUTION OF THE CITY OF
OKEECHOBEE, FLORIDA; AMENDING RESOLUTION NO. 06-04 BY REVISING THE DELEGATION OF
AUTHORITY TO SIGN THE CITY OF OKEECHOBEE PUBLIC DEPOSITORS REPORT BY THE MAYOR,CITY
ADMINISTRATOR, AND FINANCE DIRECTOR; PROVIDING FOR SEVERABILITY; AND PROVIDING AN
EFFECTIVE DATE."
VOTE
KIRK-YEA MAXWELL-YEA O'CONNOR-YEA
WATFORD•YEA WILLIAMS•YEA MOTION CARRIED.
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1 1DEPENDENT__
mai NEWSPAPERS MINIM
IOKEECFIOBEE NEWS 107 5 W 17th Street Suite 0,Okeechobee,St.34974 (663)763-3134
I J
SPATE OF FLORIDA lyI ,{.,;,,�' SECOND PUBLIC NEARING NOTICE
) COUNTY OF OKEECHOBEE 4.4.y',:`,.:1:-W.:?;,.-;,774. nreCiNdara a inebMeFlorida uppt oa DC fra
e;;.. M under lie Economic Development category For each adely
,..1.1 ':r_, �•`•2011 Florida Smut Cries Community Derebpart Nock Grant(CMG)Prolamin.
,I,',,,,,,,.Gr ' ` •"r' but a proposed,at east 70%dote funds met bandit tow and n0°1S0 epersons.The
Before the undersigned authority personally ." +.:$activities,&dare„,,,,sand etip«adagebenesbbe end moder.t own Pernabr
=.r.,f'..r, 'fit` 0 which s apphand am:
Iof the Okeechobee News,a on three times es a weekublisher 44i',, "',:-ea e�
Newspaper published at Okeechobee,in P
Low ard ercentage me b
IOkeechobee County,Florida,that the attached copy of Prss Dialacemwon l ENNIS&mkt
advertisement being a_t'"1t� -�7..., r..ci: out street Improvements 9200,994 100% i
Eye 0 Ad 5258,627 100% I
' in the matter of ,( 4"C"tiT. 'cY��_'.� j 21A Tye Engineering 31,735
7.1127 WA ,
77 I/
Al the time of the node,it a unknown dbe grant application will how dry everefin Bard(kil nay auefidy 150)
in the 19th Judicial District of the Circuit Court of Tleati3Gd **' ^°ke"1ee tkn provement stoBR 70feb ukedsoApplebeear+egleanloee
J 'FudiTkne Equivalent(FIEND&of With Oben(15)wi be cleaned for points the grant apdbelon.Out dtlu Moen(15)FEY,twelve
•� published (12)FTE positions wl be made web*b bwt+rodereie bonnie(LW)pup&.Tnojob oudun bad&n1270 NWY 70E01 N the
Okeechobee County, was ublished in said
' newspaper in the issues of °i• sot Okeed1ebee•Vie'
J{ The City of Okeechobee pans to mktm&&placement d persons as a resat of Planned COW funded tied sondes n be travelog
,jry l/51/.}- manner.No pemeem&placem«d a ewdpated.
xC/ deny pew&arm**miu a runt d Mesa planned and Relocation Paycwi asset such person.in die Fleming manner.The City
Affiant further says that the said Okeechobee News
will Mire the guideline outlined Odep+cenen
I y ApWdc hearkNb provide oitze s al opperneiy b comment tie to appk'adon wl be held K the Cdy Cuund m&MMg&Tues&Y6
is a newspaper published at Okeechobee,in said Fens 821,2012.(6:00p.m.Thismee0%dbeheldatteOkeechobeeCMYNa l,55SE•7hidAvene.Adrell copy of pabd
Me appbabon alb*web*for revew at Mat time Akin copy d bra application wl be mode roadbedtle Cb Mmbiebabra
' Okeechobee County,Florida,and that said newspaper on trougnF, between the hours de30a.m.toPOO pm.end NO pm.b420amn no MOM ban Pa days e"°r
has heretofore been published continuously in said Feb dry 2g,2012,The application wlbe e4meed to DEO on or before Febniey 29,3012.TOOWe edittorudieformation carmen,
' Okeechobee County,Florida each week and has been rig the spoliation and the put&h 0e"�Nr MONO,�Administrate;OM d ,,
Okeetlrob&e,«teepla,es63-7630372 -
entered as second class mail matter at the post office in A Public hearing a being cemented b a&Mopped wadable bcadoi.Anyhvrdapped potion requWguWsepeenbr.de
) Okeechobee,in said Okeechobee County,Florida,for a hearing impeded a the„ia,wp,impaired ahad canted Mr. al least e odor*daysdiarbbe meeting and eninterpreter
period of one year next preceding the first publication wl be provided.Any naraE moil meal**w?b aiding bafbnd be Medic hearing should coded Mr.'Milehad et lout Ave colen-
bye and alongue&Interpreter wMeprovided.lb dansaTaeaemadnason Doke for awPeden
' copy Ira%pews cad du Fl«be Relay Serviced 1-b008558711.Am handicapped person requiring'pedal a xrudebnm a this"
of the attached co of advertisement,and affiant fur-
says that she has neither paid nor promised any meeting should cannot Mr.WWI&eldest becolander ptior bbd
' person,firm or corporation any discount,rebate,corn- Posen*Section 102 dRa HUD Word Ad of 1989,be Mowing aaabwue wl be aubmaded to DCAMth dm application.
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mission or refund for the purpose of securing this dad..'albee1°dew'le*by Me City d Okeechobee and DG,nr padic hopedlon aeon&eb
P rP g avabble on and eMr be done of of to application and shed continue b be wabgNeler a minimum period of ream"
advertisement for publication in the said newspaper. rut
%• 1.onwr government(tedeul,aee.re foal)eweence b Me pojed b the bon d a grant loan,ae1aieaa•Insurance PmYPad.
rebde,subsidy,credit,Dix boned or nytllw form d deed«indirect ben&by wet&ant moot:
_____._._..._ �,_ f----_____.__�____.__.._ 2 The kendes and peaaOary dinned dad developers,contractor*,or&Re birds bvoleed b Me eppecalbn for&Oaten&or b de
Tom Byrd pam8g«dewlopmemdt.p odor ew*.
Sworn tO and subscribed before me this 31fe identities and pecensry*wrests day other persons with a peo.dayk,erut in the Holed that can reasonably be expected
e exwed 550,000 or 10%d boded-request(whichever is bow),
' _._.day of _ �f(i ,7.C`/_,.)---24.13
4.For Mora de/doom,contractors,arwuttena.Fl,)DertY avwars•«OYerad each afar,diedar,*OM eloddoMen«or
or other&Wee the bendketion and pecuniary interests by corporations entity
aterd6dO of be entity: d those lands and the amount padded:
' Notary Public,State of Florida at Large s.7"°°xp°d°°"«" dmhxesbepo detl o the Q0iB°bd°eY dMepweaR
and
F 6The expected uses of aid fonts by activity and amount.
1 ' , . // A pudic workshop on Fair horsing wl also be co,ducte0 b elected officiate end 0e general Pabdc.
'L =1- ` y_/�. .--�1.V C,(° PUBLISH:211512032 Okeechobee News
.1(Y1 PUBLJCSTATE OF.J
" Angie Bridges n.
}Commission#DD779718
/Expires: APR.20,2012
'ONDED TNES ATLANTIC BONDING CO„INC
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City of Okeechobee
r Citizens' Advisory Task Force
r Board Members
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r Jamie Gamiotea(Chairperson) Randy Huckabee (Vice Chairperson)
) 824 SE 10`h Street 1265 SE 23rd Street
Okeechobee,FL 34974 Okeechobee, FL 34974
Melissa Close Judy Douglas
1 810 SE 10th Street 813 SE 10`h Street
Okeechobee, FL 34974 Okeechobee, FL 34974
Jim Pippin Rennae Sweda
1204 SE 8th Avenue 497 SW 21' Street
' Okeechobee, FL 34974 Okeechobee, FL 34974
' Louise Conrad(Alternate) Ted Denisuk
' 210 NE 8`h Avenue 1101 SE 8th Avenue
Okeechobee,FL 34972 Okeechobee, FL 34974
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52
CITY OF OKEECHOBEE
CITIZENS' ADVISORY TASK FORCE
February 14, 2012 SUMMARY
Page 1 of 3
AGENDA I CODE BOARD ACTION
I. CALL MEETING TO ORDER:February 14,2012 6:30 pm February 14,2012 Citizens'Advisory Task Force meeting was called to order at 6:30 p.m.by Chairperson Gamiotea.
H. PLEDGE OF ALLEGIANCE-Chairperson Chairperson Gamiotea led the Pledge of Allegiance.
III. BOARD MEMBERS ATTENDANCE-Secretary
Chairperson Jamie Gamiotea Present
Board Member Melissa Close Present
Board Member Judy Douglas Present
Board Member Randy Huckabee Present
Board Member Jim Pippin Present
Board Member Rennae Sweda Absent with consent(Ted Denisuk filled the seat for Member Sweda)
Alternate Member Louise Conrad Absent with consent
Alternate Member Ted Denisuk Present
STAFF ATTENDANCE:
Board Attorney John Cook Absent
Fire Chief/Code Enforcement Officer Herb Smith Absent
Code Enforcement Officer Fred Sterling Present
Secretary Sue Christopher Present
IV. AGENDA-Chairperson
A. Request for the addition,deferral or withdrawal of items on There were no request for the addition,deferral or withdrawal of items on today's agenda.
today's agenda.
WI • • • W • • • • • • • • • • • • • l erg W • • I/ 11 WWI/ • • • 1/ • • • 1/ • • / 111. 111, 11. NI
February 14,2012-Citizens'Advisor Task Force Meeting-Pa le 2 of 3
AGENDA w _ CODE BOARD ACTION
V. DISCUSSION ON FY 2011 CDBG APPLICATION-Nancy Nancy Phillips of Nancy Phillips&Associates addressed the Citizens'Advisory Task Force regarding the FY 2011
Phillips,Grants/Funding Specialist Community Development Block Grant funding cycle. She explained to the new board members this was a required
meeting for the CDBG funding process.Ms.Phillips said the City is considering applying for an FY 2011 CDBG
in the area of Economic Development on behalf of Applebee's Restaurant.Economic Development is a partnership
with a private business entity based on job creation. The City is eligible to receive up to$700,000 of CDBG funds
for this project. However,since the project costs are projected to be$257,827.00 that is the amount that will be
submitted on the grant application. The grant would provide a west bound left turn into Applebee's and
improvements at SE 10'Avenue and SE 13'Avenue where they intersect with State Road 70. The budget for the
grant will include: $200,994.00 for 3S0LF of street improvements, $31,735.00 for Engineering, $6,000.00 for
surveying/Geotech Testing,and$19,098.00 for grant administration. The participating party is Gator Apple 1 LLC
who is the management firm for the Applebee's Neighborhood Grill&Bar.They are constructing a 236 seat
restaurant expected to employee over fifty(50)full time people.For the purpose of scoring on the application fifteen
(15)full time new jobs will be counted,of which twelve(12)or 80%will be available to low-to-moderate income
residents. The grant application will be submitted to the State no later than February 29`h of this year. The State
will due a site inspection the week of March 11,2012 before Applebee's opens about the third week of March.
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VI. OTHER BUSINESS:TASK FORCE RECOMMENDATION The Task Force briefly discussed the proposed grant application for Economic Development with Ms.Phillips.
Member Huckabee moved to approve the application for FY 2011 Community Development Block Grant(CDBG)
in the area of Economic Development for the amount of$257,827.00 and recommend the City of Okeechobee move
forward with submitting the application;seconded by Member Douglas.
VOTE
Gamiotea-Yes Close-Yes Douglas-Yes Huckabee-Yes Pippin-Yes
Sweda-Absent Conrad-Absent Denisuk-Yes Motion Carried,
February 14,2012-Citizens'Adviso Task Force-Page 3 of 3
AGENDA CODE BOARD ACTION II
ADJOURNMENT-CHAIRPERSON GAMIOTEA. There being no further items on the agenda Chairperson Gamiotea adjourned the meeting at 6:50 p.m.
• Jamie Gamiotea,Chairperson
ATTEST:
Sue Christopher,Secretary
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•
PLEASE TAKE NOTICE AND BE ADVISED that if a person decides to appeal any decision made
by the Citizen's Advisory Task Force with respect to any matter considered at this meeting,he/she
may need to insure that a verbatim record of the proceeding is made,which record includes the
testimony and evidence upon which the appeal is to be based. Media is for the sole purpose of
backup for official records of the department,
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APPENDIX M
SPECIAL DESIGNATION DOCUMENTATION
57
THIS STANDARD MEMORANDUM OF AGREEMENT IS
A COOPERATIVE AGREEMENT BETWEEN:
THE OFFICE OF TOURISM, TRADE AND ECONOMIC DEVELOPMENT
AND
THE CITY OF OKEECHOBEE, FLORIDA
Background and Purpose of Agreement
The purpose of this Memorandum of Agreement(MOA) is to document the
terms and conditions of the implementation of the Rural Area of Critical
Economic Concern (RACEC) re-designation.
The Governor and Legislature recognize that successful rural communities
are essential to the overall success of the state's economy and quality of life,
yet many rural communities struggle to maintain, support or enhance job
creation activities and to generate revenues for critical services.
Section 288.0656, Florida Statutes authorizes the establishment of the Rural
Economic Development Initiative (REDI) within the Office of Tourism, Trade
and Economic Development (OTTED) and the participation of state and
regional organizations. Section 288.0656 also provides for the designation of
up to three RACEC areas, which are rural communities that have been
adversely affected by extraordinary economic events, severe or chronic
distress, or a natural disaster.
On February 16, 2006, Governor Bush signed Executive Order#06-34 which
implemented the continued designation of the Counties of DeSoto, Glades,
Hardee, Hendry, Highlands, and Okeechobee, and the Cities of Belle Glade,
Pahokee, and South Bay, and the area around Immokalee included within the
Round !! Federal Enterprise Community located in northeast Collier County.
as a RACEC area with an expiration date of February 16, 2011.
Pursuant to Section 288.0656 (7), Florida Statutes, representatives of the
state and regional agencies and organizations comprising the REDI met on
November 19, 2010 and recommended the re-designation of this area. On
April 22, 2011, Governor Rick Scott signed Executive Order#11-81 which re-
designated the area for another five-year term with an expiration date of April
22, 2016.
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The Rural Economic Development Initiative (RED!)
REDI is a proactive, multi-agency effort responsible for coordinating and
focusing efforts and resources of state and regional agencies on problems
which affect the fiscal, economic, and community viability of Florida's rural
counties and communities.
RED) works with local governments, community-based organizations,and
private organizations on the growth and development of these communities to
find ways to enhance the local economy and resolve issues while balancing
the local environment and growth management needs.
Participating REDI representatives:
• Act as the primary point of contact for their agencies on issues and
projects relating to rural communities.
• Ensure prompt and effective response to problems.
• Work closely with other representatives in the identification of
opportunities for preferential awards of program funds and allowances
and waiver of program requirements when necessary to encourage
and facilitate tong term private capital investment and job creation.
• Review statutes and regulations and work to mitigate adverse impact.
• Ensure that each district office of their agencies is informed about
REDI and provide assistance throughout their agency in the
implementation of projects and issues relating to the RACEC.
• Identify projects within a designated RACEC as priority assignments.
On a case-by-case basis, RED) may recommend to the Governor waivers of
criteria, requirements or provisions of certain economic development
incentives. Such incentives shall include, but not be limited to: the Qualified
Targeted Industry Tax Refund Program, the Quick Response Training
Program, the WAGES Quick Response Training Program, the Economic
Development Transportation Fund, the Brownfield Bonus Tax Program, and
the Rural Job Tax Credit Program.
REDi annually reviews the RACEC designation and may recommend that the
designation of the area or counties or municipalities be terminated or
continued based on economic development progress from current base lines
or performance under this memorandum of agreement.
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M. The Participating Community
► Pursuant to Section 288.0656, Florida Statutes, and Executive Order#11-81,
► re-designation as a RACEC shall be contingent upon the execution of a
Memorandum of Agreement between OTTED and the governing bodies of the
counties and the municipalities included within the area. Such memoranda
shall specify the terms and conditions of the designations and the duties and
responsibilities of the counties and municipalities.
The City of Okeechobee makes the following commitments.
1. Designate a specific person from among the City of Okeechobee
elected or appointed officials and one person from a non-profit
organization engaged in economic development activity to serve as an
. alternate for the community in matters relating to the South Central
Florida RACEC. The contact information form for these individuals is
attached as Exhibit A. These individuals may be the same designee to
serve as the community's representative to other, similar
organizations.
The City will inform OTTED of any changes to the specified persons
1 within ten days of a change.
2. Actively participate in the RACEC regional economic development
organization by attending meetings on a regular basis and taking part
in regional economic development initiatives. OTTED strongly
encourages the city's participation in initiatives sponsored by the
1 regional organization such as national and regional marketing; trade
1 shows; regional branding; and through the payment of assessed dues.
3. Catalyst Projects within the South Central Florida RACEC shall be
priority assignments for local agencies under the control of the
governing body of Okeechobee. These agencies will work
cooperatively with REDI agencies to implement these projects.
4. The City of Okeechobee will work to ensure priority consideration and
cooperation among local organizations to support projects that
facilitate the retention and expansion of existing businesses as well as
the recruitment of new businesses, and to improve the quality of life for
their residents.
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IV. Implementation and Duration
Pursuant to Executive Order#11-81, the re-designation of the South Central
Florida RACEC affecting the Counties of DeSoto, Glades, Hardee, Hendry,
Highlands, and Okeechobee, and the Cities of Belle Glade, Pahokee, and
South Bay, and the area around Immokalee included within the Round II
Federal Enterprise Community located in northeast Collier County shall be in
effect for five years and will expire on April 22, 2016.
REDI may recommend this agreement be terminated or continued based on
economic development progress from current base lines or performance
under the memoranda of agreement.
1. This MOA shall take effect immediately upon signature by the parties
involved.
2. This MOA shall expire on April 22, 2016 unless terminated earlier.
3. Both parties shall review this MOA periodically. If revisions are
needed, notification shall be given to both parties in writing of the
specific changes desired with the proposed modification language and
the reasons for the revisions. With the mutual consent of both parties,
the proposed changes shall become effective when both parties to the
MOA have signed a modification to this agreement.
4. The City of Okeechobee may terminate this MOA at any time upon
written notice to OTTED.
In Witness whereof, the parties have executed this Memorandum of Agreement
this 17th day of I`Say , 2011.
Michelle Dennards E.Kirk, Mayor -. •
Office of Tourism, Trade e City of Okeechobee•
and Economic Development
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°A4-1 alizict_J-. • -
Lane pia, GC, City beck
REVBEIED RR M AL SUFFIC1110:
John R. Cook, City Attorney
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The City of Okeechobee
EXHIBIT A
Contact Information For An Elected or Appointed Official
Name: ruin
Address: 1404 Southwest 7th Avenue
Okeechobee, Florida 34974
Phone: 863-763-1119
Fax: 863-763-1179
Email:
Contact Information For One Person From
A Non-Profit Organization Engaged in Economic Development
Name: Brian Cortland
Address: 315 Northwest 4th Avernle
Okeechobee, Florida 34972
Phone: 863-467-6246
Fax:
Email: Rrio„ eechoticeBusiness.can
Please complete this page and return with the signed MOA.
The City is required to inform OTTED of any changes within ten days
of a change.
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APPENDIX. N
ECONOMIC DEVELOPMENT DOCUMENTATION
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Applebee's
•
• February 21, 2012
' Mr. Brian Whitehall
City Administrator
City of Okeechobee
55 S.E. Third Avenue
Okeechobee, Florida 34974
RE: Commitment Letter for Florida Small Cities Community Development
Block Grant (CDBG) Economic Development Application - FFY 2011
Dear Mr. Whitehall:
Gator Apple 1 LLC (GA1) is a franchisee Applebee's Neighborhood Grill & Bar in South
Florida. GA1 has successfully competed in this market since 2010 when they opened a
restaurant in Punta Gorda, Florida. The company plans to open ten more Applebee
r facilities in the State of Florida over the next five years. Managing Member, Gregory
Georgas, has 25 years of experience as a restaurant operator and currently operates
40 other Applebee's units in Georgia and Florida. The company's mission is to be an
active part of every community where it operates, and to continue to represent the
' Applebee's brand as a "neighbor in the neighborhood".
GA1 is ready to expand to the City of Okeechobee and will be creating fifteen (15) Full
Time Equivalent (FTE) positions at the newly constructed Applebee's facility located at
' 1210 Highway 70 East in the City. Applebee's is a full-service establishment, with the
r Okeechobee location seating approximately 236, which includes the full-service bar,
dining room, and outdoor patio. Carside service is also available for carry-out orders.
GA1 will be the company charged with hiring of the employment team for the new
Applebee's Neighborhood Grill & Bar in the City. This 236 seat restaurant was
constructed by In This Together 1, LLC. GA1 has entered into a lease agreement with
In This Together 1, LLC to lease the facility for a period of thirty (30) years. A copy of
the lease agreement is included in the grant application.
GA1 has strong financials and will be able to finance this expansion to the City of
Okeechobee through equity and sales derived when the restaurant opens. Thus, GA1
r will benefit from this expansion through increased restaurant food sales and the City will
gain a new employer for local residents.
GATOR APPLE LLC
' dha Applebee's Neighborhood Grill&Bar
2150 Boggs Road, Suite 140
Duluth, GA 30096-5816
Phone: (770)670-7300/Fax (770)670-7384
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�_,: GA1 is requesting that the City submit an Economic Development CDBG application to
,s
improvements required at the entrance to the restaurant and along SR 70 East. If
awarded, GA1 will create at least fifty (50) new FTEs. For purposes of scoring in the
grant application, GA1 will commit to the creation of fifteen (15) FTE's of which twelve
P (12) or 80 percent will be made available to low-to-moderate (LMI) residents of the City.
Without these improvements, GA1 will not be able to create the new jobs at the
Applebee's facility at the job creation location at 1210 Highway 70 East in the City.
f GA1 is currently seeking the City's assistance in order to construct the public
1 infrastructure consisting of street improvements at the entrance of the restaurant facility
0 and along Highway 70 East as requested by Florida Department of Transportation. The
CDBG grant application includes the following components:
0 Activity Number Activity Name Budget
03K Street Improvements $220,994.00
Preliminary Engineering $1,005.00
Basic Engineering $18,883.00
' _ Inspection Services $11,847.00
21A Program Administration $19,098.00
Additional Type D $6,000.00
Activities
0 Total Grant $257,827.00
As previously stated, GA1 already operates the Applebee's Neighborhood Grill & Bar in
/ Punta Gorda, Florida. The business plan, which is included in the grant application,
indicates that they would like to expand to 10 different Florida locations in the next five
p years.
0 The funding for the Okeechobee project will be generated through equity and restaurant
sales. GA1 shall agree to provide any financial information required by the funding
0 agency at the site visit. Any funds to be expended by GA1 at the Okeechobee facility
' will be expended after the date of site visit and prior to the submission of the
administrative closeout.
' All of the fifteen (15) FTE's to be created will be new employment opportunities for
' residents of the City. I feel that the job estimate of 15 new FTE positions is justified
' based upon my experience at the 40 other Applebee facilities that I am associated with.
Only salaried employees are offered group health insurance that is subsidized by the
1 company. All of our employees are offered AFLAC products at their expense through
' payroll deduction as part of our cafeteria plan.
For the purposes of the grant application, GA1 agrees to create fifteen (15) new FTEs'
during the two year period of the grant. At least eighty (80%) percent of these jobs or
0 twelve (12) will be made available to low-to-moderate income (LMI) residents of the
' City. GA1 also understands that if more than 15 new FTE positions are created, 51%
' of all new jobs created at the Okeechobee facility will be made available to low-to-
' GATOR APPLE LLC
dba Applebee s Neighborhood Grill&Bar
' 2150 Boggs Road, Suite 140
Duluth.GA 30096-5816 65
' Phone (770)670-7300/Fax (770)670-7384
moderate income residents. All of these 15 jobs will be at the job creation location at
1210 Highway 70 East.
GA1 commits to provide training to members of families of low-to-moderate income as
necessary to equip them with the skills required to obtain and retain the jobs to be
created. Also, GA1 agrees to notify the City in writing when it begins and completes the
hiring for the required jobs.
GA1 agrees to have every potential employee complete the Pre-Employment
Household Income Verification Form. GA1 will provide a certified payroll to the City that
verifies that the employees documented with the Pre-Employment Household Income
form are active employees. GA1 also agrees to work with the local workforce
development to solicit potential employees and/or will advertise the newly created
positions in the local newspaper that serves Okeechobee.
GA1 agrees to sign a legally binding Participating Party Agreement with the City as part
of the award process for the CDBG to document our responsibilities during the grant
period. We agree to take any appropriate actions required to facilitate the CDBG grant
implementation phase, when requested. We also agree to maintain and provide to the
Department and the City any records that are required as a part of the CDBG grant
process.
GA1 is 100 percent owned by the undersigned. The requested company financial
documents are included in the grant application. During the prior two years from the
date of this letter, GA1 or Gregory Georgas have not declared bankruptcy.
1
GA1 plans to be open for business at the new facility in Okeechobee on March 19,
2012 or shortly thereafter. We agree to create a hiring schedule which will indicate
when all employees will be hired. We will also complete a quarterly progress report
noting the hiring process and submit to the City. Such quarterly reports shall be
delivered to the City no later than 30 days after the end of each quarter of the program
year and shall continue to be submitted each quarter until the City submits the
administrative close-out. The ending dates for each quarter of the program year are
March 30, June 30, September 30, and December 31.
GA1 understands that this schedule shall become an attachment to the City's CDBG
grant required Participating Party Agreement and shall be made a part of Attachment B,
Activity Work Plans, to the City's grant with the State of Florida. GA1 further
understands that the State will utilize this schedule to determine "on schedule"
performance by the City in evaluating the City's ability to receive additional CDBG
grants.
For the purposes of documenting public benefit, if upon the completion of the project
the threshold cost per,job• of $35,000 has not been attained, GA1 also agrees to
continue to track all jobs created as a direct result of the availability of the infrastructure
funded with CDBG. This tracking will continue for a one-year period following the date
of administrative closeout of the CDBG grant. This tracking will involve the jobs created
GATOR APPLE LLC
dba Applebee's Neighborhood Grill&Bar
2150 Boggs Road,Suite 140
Duluth;GA 30096-5816 66
Phone: (770)670-73001 Fax: (770)670-7384
by Applebee's Neighborhood Grill & Bar as well as any other businesses or other job-
creating entities that later create jobs as a direct result of the public infrastructure.
We will provide, at the appropriate time, the required information to complete HUD
Form 2880 to document the pecuniary interest and other disclosure requirements of
Section 102 of the HUD Reform Act of 1989.
Thank you for your assistance on behalf of our firm.
Sincerely,
GREGO Y GEORG S
Managing Member
Cc: Nancy Phillips & Associates, L.C.
GATOR APPLE LLC
dba Applebee's Neighborhood Grill&Bar
2150 Boggs Road, Suite 140
Duluth GA 30096-5816
Phone: (770)670-7300/Fax: (770)670-7384 67
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Gator Apple 1 LLC
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2150 Boggs Rd., Suite 140
Duluth Georgia 30096
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maureen @gatorapple.com
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Table of Contents
Executive Summary 3
Business Description and Vision 4
Definition of the Market 5
Description of the Products and Services 6
Organization and Management 7
Marketing and Sales Strategy 8
I Financial Management 9
1 Appendices 10
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Executive Summary
Gator Apple 1 LLC is a franchisee of Applebee's Neighborhood Grill & Bar. Applebee's is a
known leader in full-service casual dining, and has a solid reputation for its sense of community.
10 It has a long-standing relationship with the March of Dimes as an annual fundraiser, and gives
away millions of free meals to our nation's veterans annually in celebration of Veterans Day.
Gator Apple 1 LLC opened its first Applebee's in 2010, and has plans for continued growth in
the State of Florida. Its next location will open in Okeechobee, Florida, on March 19, 2012.
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Business Description and Vision
O Gator Apple 1 LLC was formed as a single-member limited liability company in the State of
• Florida in 2010. The company opened its first Applebee's in Punta Gorda, Florida, on December
• 5, 2010. Its second location will open on March 19, 2012 in Okeechobee, Florida. The company
plans to open ten more Applebee's units in the State of Florida over the next five years.
Managing Member, Gregory Georgas,has 25 years of experience as a restaurant operator and
currently operates 40 other Applebee's units in Georgia and Florida. The company's mission is to
be an active part of every community where it operates, and to continue to represent the
• Applebee's brand as a"neighbor in the neighborhood".
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Definition of the Market
Although the restaurant industry is a competitive one, Applebee's has been a leader in the casual
dining industry for over 20 years. Applebee's continues to be one of most recognized names in
the industry, and one the fastest growing restaurant franchises in the world. Our target market
includes adults and families who are seeking a great full-service dining experience in a fun and
friendly atmosphere. Competitors in Okeechobee, Florida, are Beef 0 Brady's, a regional
restaurant chain, and Cowboy's, a local chain.
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Description of the Products and Services
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• Applebee's has a full range of lunch and dinner offerings at a competitive price. It also has a
selection of healthy choices endorsed by Weight Watchers,as well as several other offerings that
are less than 550 calories. The Applebee's menu is primarily a collection of American and
Southwestern items, and is readily available on-line at uv`r a �?_ic!tc c;y.�,��1��. Applebee's is a full-
", service establishment, with the Okeechobee location seating approximately 236, which includes
• the full-service bar, dining room, and outdoor patio. Carside service is also available for carry-
, out orders.
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Organization and Management
Gator Apple 1 LLC is a single-member LLC organized in the State of Florida. The Applebee's
operation requires both a food service license and an alcohol license issue by the respective State
and municipality where it operates.
The company's Managing Member is Gregory Georgas, who has 25 years of restaurant operation
experience with both the Applebee's and the Wendy's brands..
Dave Hunt will be the District Operator of the Okeechobee location. He has 21 years of
experience with the Applebee's brand, 19 of which have been as a multi-unit operator.
The Okeechobee unit's General Manager will be Joe Graisbery. He was a District Manager with
the Clock Restaurant Group for six years, and has been a General Manager with Applebee's for
the past year.
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Marketing and Sales Strategy
Gator Apple 1 LLC seeks to market the Applebee's brand as a"neighbor in the neighborhood."
The company strives to be part of the community through its involvement with local schools and
other community organizations. Specifically, it will use print media and direct mail on a local
level, and also benefits from the television and other media marketing done on a national level
by the Franchisor,Applebee's Services, Inc.
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Financial Management
► Financial statements for the last two years are attached as an exhibit.
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Gator Apple 1 LLC
Balance Sheet
For the Year Ending January 2,2011
Assets
Current Assets:
Cash and Cash Equivalents $172,354
Accounts Receivable 13,477
Inventory 23,489
Prepaid Expenses 3,183
Total Current Assets 212,503
Property and Equipment:
Land Improvements 109,673
Buildings and Improvements 24,397
Furniture and Equipment 429,124
Less: Accumulated Depredation (15,624)
Net Property and Equipment 547,570
Intangible Assets:
Franchise Fees 26,250
Less: Accumulated Amortization (219)
Total Intangible Assets 26,031
Other Assets:
Security Deposits 6,140
Total Other Assets 6,140
Total Assets 792,244
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Gator Apple 1 LLC
Balance Sheet
For the Year Ending January 2,2011
Liabilities and Equity
Current Liabilities:
Accounts Payable $128,362
Accounts Payable-Related Parties 643,174
Accrued Payroll and Taxes 76,273
Accrued Expenses 82,187
Gift Cards Redeemable 26,921
Taxes Payable 19,769
Total Current Liabilities 976,686
Long-Term Liabilities:
Total Liabilities 976,686
Members' Equity:
Current Net Income(Loss) (184,442)
Total Members'Equity (184,442)
Total Liabilities and Equity 792,244
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I Gator Apple 1 LLC
income Statement
For the Twelve Periods Ending January 2,2011
I Current YTD % Prior YTD
I Sales:
P Total Net Sales $280,569 100.0 0.0
I Total Cost of Sales 77,547 27.6 0.0
------------------------------------------- ----------
I Total Gross Profit 203,022 72.4 0.0
Payroll and Benefits:
• Management Wages 16,750 6.0 0.0
I Hourly Wages 87,703 31.3 0.0
Payroll Tax Expense 13,134 4.7 0.0
P Employee Benefits 1,660 0.6 0.0
Total Payroll and Benefits 119,247 42.5 0.0
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• Controllable Expenses:
II Supplies 9,953 3.5 0.0
Repairs and Maintenance 1,346 0.5 0.0
Shortages and Chargebacks 265 0.1 0.0
Utilities and Telephone 4,347 1.5 0.0
• Audio and Video 669 0.2 0.0
0 National Marketing 7,716 2.8 0.0
Royalties 11,299 4.0 0.0
Promotions 224 0.1 0.0
0 General and Administrative 362 0.1 0.0
IP Total Controllable Expenses 36,181 12.9 0.0
Profit After Controllables 47,594 17.0 0.0
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II Non-Controllable Expenses:
Local Store Marketing 4,723 1.7 0.0
• Rent and CAM 17,753 6.3 0.0
r Equipment Lease 212 0.1 0.0
Bank and Merchant Fees 1,541 0.5 0.0
Taxes and Licenses 2 0.0 0.0
. Training and Development 245 0.1 0.0
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• Total Non-Controllable Expenses 24,476 8.7 0.0
II Store Contribution 23,118 8.2 0.0
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Income Statement
IPFor the Twelve Periods Ending January 2,2011
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Current YTD % Prior YTD
• Overhead Operations:
Other Outside Services $15 0.0 0.0
• Overhead Allocation ---8,714 3.1 —-_-- 0.0
O Total Overhead Operations 8,729 3.1 0.0
• Operating Income(Loss) 14,389 5.1 0.0
• Other Expense(Income):
• Other Expense(Income) 182,988 65.2 0.0
• Depreciation and Amortization 15,843 5.6 0.0
• Total Other Expense(Income) 198,831 70.9 0.0
Net Profit(Loss) (184,442) (65.7) 0.0
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Gator Apple 1 LLC
Statement of Cash Flow
For the Year Ending January 2,2011
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Miii Cash from Operations:
Net Income (184,442)
rAdjustments:
IIDepreciation and amortization 15,843
Loss(gain)on disposal of assets -
0 (Increase)decrease in assets:
0 Accounts receivable (13,477)
Inventories (23,489)
' Prepaid expenses (3,183)
• Security deposits (6,140)
▪ Increase(decrease)in liabilities:
Accounts payable 128,362
• Accounts payable-related parties 643,174
▪ Accrued payroll and related taxes 77,406
Accrued royalties and advertising 19,014
• Taxes payable 19,769
pAccrued interest
ii Other accrued expenses 62,039
r Gift cards redeemable 26,921
Net Cash from Operations 761,797
Cash from Investing:
Fixed assets purchased (563,193)
Intangible assets (26,250)
ii Net Cash from Investing (589,443)
Cash from Financing:
Principal repayment
Member contribution -
Net Cash from Financing -
Increase(Decrease)in Cash 172,354
Beginning Cash Balance -
Ending Cash Balance 172,354
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Gator Apple 1 LLC
Balance Sheet
• For the Year Ending January 1,2012
Assets
Current Assets:
Cash and Cash Equivalents $57,661
Accounts Receivable 10,687
Accounts Receivable-Related Parties 10,000
Inventory 20,668
. Prepaid Expenses 15,757
Total Current Assets 114,773
• Property and Equipment:
Land Improvements 109,673
. Buildings and Improvements 24,397
Furniture and Equipment 431,997
Construction in Progress 63,382
. Less: Accumulated Depredation (110,163)
IP Net Property and Equipment 519,286
• Intangible Assets:
Franchise Fees 26,250
10 Less: Accumulated Amortization (1,531)
IP Total Intangible Assets 24,719
Other Assets:
IP Security Deposits 10,547
ID Total Other Assets 10,547
Total Assets 669,325
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Gator Apple 1 LLC
Balance Sheet
For the Year Ending January 1,2012
Liabilities and Equity
Current Liabilities:
Accounts Payable $40,662
Accounts Payable-Related Parties 658,979
Accrued Payroll and Taxes 39,200
Accrued Expenses 22,730
Gift Cards Redeemable 28,327
Taxes Payable 47,431
Total Current Liabilities 837,329
Long-Term Liabilities:
Total Liabilities 837,329
Members'Equity:
Members'Equity (184,442)
Current Net Income(Loss) 16,436
Total Members'Equity (168,004)
Total Liabilities and Equity 669,325
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Income Statement
For the Twelve Periods Ending January 1,2012
10 Current YTD % Prior YTD %
r Sales:
O Total Net Sales $2,476,278 100.0 $280,569 100.0
• Total Cost of Sales 682,174 27.5 77,547 27.6
• Total Gross Profit 1,794,104 72.5 203,022 72.4
Payroll and Benefits:
• Management Wages 185,525 7.5 16,750 6.0
✓ Hourly Wages 485,158 19.6 87,703 31.3
Payroll Tax Expense 100,010 4.0 13,134 4.7
• Employee Benefits 38,548 1.6 1,660 0.6
II Total Payroll and Benefits 809,241 32.7 119,247 42.5
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I Controllable Expenses:
Supplies 71,191 2.9 9,953 3.5
lb Repairs and Maintenance 31,701 1.3 1,346 0.5
. Shortages and Chargebacks 784 0.0 265 0.1
Utilities and Telephone 78,582 3.2 4,347 1.5
I Waste Management 17,003 0.7 0.0
. Audio and Video 6,691 0.3 669 0.2
Guest Relations 442 0.0 0.0
I National Marketing 68,098 2.8 7,716 2.8
Royalties 99,452 4.0 11,299 4.0
I Promotions 17,945 0.7 224 0.1
General and Administrative 3,808 0.2 362 0.1
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Other Controllables (160) (0.0) 0.0
II Total Controllable Expenses 395,537 16.0 36,181 12.9
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1 Profit After Controllables 589,326 23.8 47,594 17.0
II Non-Controllable Expenses:
II Local Store Marketing 34,221 1.4 4,723 1.7
Rent and CAM 213,602 8.6 17,753 6.3
General Insurance 20,648 0.8 0.0
• Equipment Lease 6,602 0.3 212 0.1
' Major Repairs 1,970 0.1 0.0
Bank and Merchant Fees 53,990 2.2 1,541 0.5
Taxes and Licenses 41,768 1.7 2 0.0
Training and Development 8,546 0.3 245 0.1
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Total Non-Controllable Expenses 381,347 15.4 24,476 8.7
Store Contribution 207,979 8.4 23,118 8.2
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Income Statement
For the Twelve Periods Ending January 1,2012
Current YTD % Prior YTD %
Overhead Operations:
Professional Fees $3,982 0.2 0.0
Other Outside Services 448 0.0 15 0.0
Overhead Allocation 89,957 3.6 8,714 3.1
Total Overhead Operations 94,387 3.8 8,729 3.1
Operating Income(Loss) 113,592 4.6 14,389 5.1
Other Expense(Income):
Other Expense(Income) 1,800 0.1 182,988 65.2
Depreciation and Amortization 95,850 3.9 15,843 5.6
Interest Income (494) (0.0) 0.0
Total Other Expense(Income) 97,156 3.9 198,831 70.9
Net Profit(Loss) 16,436 0.7 (184,442) (65.7)
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Statement of Cash Flow
OD For the Year Ending January 1,2012
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5 Net Income 16,436
0 Adjustments:
Depreciation and amortization 95,850
ile Loss(gain)on disposal of assets
PO (Increase)decrease in assets:
NO Accounts receivable 2,790
Accounts receivable related parties (10,000)
lie Inventories 2,821
5 Prepaid expenses (12,574)
Security deposits (4,407)
Increase(decrease)in liabilities:
5 Accounts payable (87,700)
le Accounts payable-related parties 15,805
Accrued payroll and related taxes (37,073)
O Accrued royalties and advertising (3,745)
Taxes payable 27,662
Accrued interest -
Other accrued expenses (55,709)
Gift cards redeemable 1,406
Net Cash from Operations (48,438)
O Cash from Investing:
Fixed assets purchased (66,255)
Intangible assets
PO Net Cash from Investing (66,255)
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Cash from Financing:
Principal repayment
leMember contribution -
ill Net Cash from Financing -
ID Increase(Decrease)in Cash (114,693)
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• Beginning Cash Balance 172,354
Ending Cash Balance 57,661
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III
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LEASE
This LEASE (the"Lease")is made and entered into as of , October,2011 (the"Effective Date"),by
and between IN THIS TOGETHER 1, LLC,a Florida limited liability company(Lessor'').and GATOR APPLE 1,
LLC,a Florida limited liability company("Lessee").
In consideration of the mutual covenants and agreements contained in this Lease.Lessor and Lessee covenant
and agree as follows:
BASIC LEASE INFORMATION
Premises Address: Outparcel-1, 1210 SR-70 East,Okeechobee.
' Okeechobee County.Florida 34974,
as more particularly described in Exhibit'•A",
Legal Description.
Initial Term 20 years.
Expiration Date: 20 years from the Rent Commencement Date.
Extension Periods: None.
r Base Annual Rent: 5200.000.00,as adjusted on each Adjustment Date,as provided in Section 3.2.
Rent Commencement Upon receipt of the Certificate of Occupancy and upon the date that the Premises are turned
Date: over to Lessee.
r Adjustment Date: The first day of the month following the month in which the fifth anniversary of the
Effective Date occurs,and every subsequent anniversary of such date during the Lease Term.
Adjustment
r Percentage: 7.5%
Permitted Concept: The Premises will be used initially as an Applebee's Neighborhood Grill& Bar,with the
r sale and service of alcoholic beverages for on premises consumption,and ancillary carryout
food service,
Lessor's Address: IN THIS TOGETHER I, LLC
%Avis&Avis,PA
125 Worth Avenue.Suite 203
r Palm Beach,FL 33480
Lessee's Address: GATOR APPLE I,LLC
2150 Boggs Road,Suite 140
Duluth.GA 33045
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
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ARTICLE 1
DEFINITIONS
Defined Terms. The following defined terms have the following meanings:
"ADA"means the Americans with Disabilities Act of 1990.as such act may be amended from time to time.
"Additional Rent' means all sums of money required to be paid by Lessee under this Lease, other than
Base Annual Rent.
"Affiliate means any Person that directly or indirectly controls.is under common control with,or controlled by
any other Person. For purposes of this definition "controls". "under common control with' and "controlled by"
means the possession.directly or indirectly,of the power to direct or cause the direction of the management and policies
of such Person,whether through the ownership of voting securities or otherwise.
"Anti-Money Laundering Laws" means all applicable laws. regulations and government guidance on the
prevention and detection of money laundering,including 18 U.S.C.§§ 1956 and 1957,and the BSA.
"Applicable Regulations" means all applicable statutes, regulations, rules, ordinances. codes, licenses,
permits, orders and approvals of each Governmental Authority having jurisdiction over the Premises, including,
without limitation, all health, building, fire, safety and other codes, ordinances and requirements, all applicable
standards of the National Board of Fire Underwriters and the ADA and all policies or rules of common law, in each
case,as amended,and any judicial or administrative interpretation, including any judicial order, consent,decree or
judgment applicable to any of the Lessee Panics.
"Assignee"means a Permitted Assignee.
"Base Monthly Rent'means an amount equal to 1/12 of the applicable Base Annual Rent.
"BSA"means the Bank Secrecy Act(31 U.S.C. §§5311 et.seq.),and its implementing regulations,Title
31 Part 103 of the U.S.Code of Federal Regulations.
"Business Day" means any day on which Lessor is open for business other than a Saturday, Sunday or a
legal holiday,ending at 5:00 P.M.Miami,Florida time.
' "Change of Control" means a change in control of the Lessee, including, without limitation, a change in
' control resulting from direct or indirect transfers of voting stock or partnership, membership or other ownership
interests,whether in one or a series of transactions.
"Code"means Title 11 of the United States Code. 1 I U.S.C.Sec. 101 rr.vcq.,as amended.
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' ''Default Rate"
the lesser of the highest rate for which Lessee may legally contract or the rate of
14%per annum.
"Environmental Indemnity Agreement' means the environmental indemnity agreement dated as of the
Effective Date executed by Lessee for the benefit of the Indemnified Parties,as the same may be amended from time
to time.
) ''GAAP"means generally accepted accounting principles consistently applied.
"Governmental Authority" means any governmental authority, agency, department. commission, bureau,
board. instrumentality, court or quasi-governmental authority having jurisdiction or supervisory or regulatory
authority over the Premises(including past or present activities or conditions at or under the Premises)or any of the
Lessee Parties.
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-indemni,Jied Parties"means Lessor.Lender and their respective directors.officers,shareholders,trustees,
beneficial owners.partners and members:any directors,officers,shareholders,trustees, beneficial owners. partners,
members of any shareholders, beneficial owners, partners or members of Lessor or Lender; and all employees,
agents, servants, representatives, contractors. subcontractors. affiliates, subsidiaries, participants, successors and
0 assigns of any of the foregoing. including.but not limited to,any successors by merger,consolidation or acquisition
of all or a substantial portion of the assets and business of Lessor,or Lender,as applicable.
"Lease Term" means the time period commencing on the Effective Date and ending on the Lease Tenn
0 Expiration Date.
"Lease Ternr Expiration Date"mean the Initial Term Expiration Date unless this Lease has been extended
pursuant to Section 2.3, in which case the Lease Term Expiration Date is the last day of the applicable extension
term;provided,however,that if this Lease is terminated prior to the Initial Term Expiration Date or prior to the end
of an applicable extension term,then the Lease Term Expiration Date is the date of such earlier termination.
1 "Lender" means any lender in connection with any loan secured by Lessor's interest in the Premises, and
any servicer of any loan secured by Lessor's interest in the Premises.
1 ''Loan Documents"means,collectively,all documents,instruments and agreements executed in connection
with any Mortgages,all as amended,modified and supplemented from time to time and any and all replacements or
substitutions.
1
'Losses" means any and all claims, suits, liabilities (including, without limitation, strict liabilities), actions,
proceedings, obligations, debts. damages. losses, costs,expenses. diminutions in value, fines,penalties. charges, fees,
expenses.judgments,awards,amounts paid in settlement and damages of whatever kind or nature(including, without
limitation,reasonable attorneys'fees,court costs and other costs of defense).
"Material Adverse Effect' means a material adverse effect on (a) the Premises, including, without
limitation, the operation of the Premises as a Permitted Concept; or (b) Lessee's performance of its obligations
under this Lease.
"Mortgages" means, collectively, the mortgages. deeds of trust or deeds to secure debt, assignments of
rents and leases,security agreements and fixture filings executed by Lessor for the benefit of Lender with respect to
the Premises,as such instruments may be amended,modified,restated or supplemented from time to time and any
and all replacements or substitutions.
"Ol C Laws and Regulations"means Executive Order 13224 issued by the President of the United States
of America,the Terrorism Sanctions Regulations(Title 31 Part 595 of the U.S. Code of Federal Regulations), the
Terrorism List Governments Sanctions Regulations(Title 31 Part 596 of the U.S.Code of Federal Regulations),the
Foreign Terrorist Organizations Sanctions Regulations(Tide 31 Part 597 of the U.S,Code of Federal Regulations),
and the Cuban Assets Control Regulations(Title 31 Part 515 of the U.S.Code of Federal Regulations).and all other
present and future federal,state and local laws.ordinances,regulations,policies, lists(including,without limitation,
the Specially Designated Nationals and Blocked Persons List) and any other requirements of any Governmental
Authority (including, without limitation, the United States Department of the Treasury Office of Foreign Assets
IControl) addressing, relating to. or attempting to eliminate, terrorist acts and acts of war, each as supplemented,
amended or modified from time to time after the Effective Date,and the present and future rules, regulations and
guidance documents promulgated under any of the foregoing.or under similar laws.ordinances,regulations,policies
or requirements of other states or localities.
"Person" means any individual, corporation, partnership, limited liability company, trust, unincorporated
organization,Governmental Authority or any other form of entity.
"Personal Propertt-'" means all tangible personal property now or at any time after the Effective Date
located on or at the Premises or used in connection with the Premises, including,without limitation. all machinery,
appliances.furniture,equipment and inventory:provided,however,the term Personal Property shall not include the
NVAC, walk-in coolers, walk-in freezers. supply fans, exhaust fans, air ducts. hoods, vents, built-in sinks, built-in
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coutrtertopst plumbing and electrical fixtures. sign poles and lighting poles, all of which items are intended to be
fixtures as such term is used within the definition of Premises.
F a-' "Premises' means the real property legally descn'bed in Exhibit••A,'together with all rights,privileges and
�s°h: appurtenances thereto and all buildings,fixtures and other improvements now or after the Effective Date located thereon
� property).
(whether or not affixed to such real
Related Agreements" means, collectively, all agreements and instruments now or at any time after the
Effective Date entered into between,by or for the benefit of,on the one hand.any of the Lessee Parties,and,on the other
hand any of the Lessor Parties. with respect to the Premises and/or the'Premises"(as defined in the Related Leases),
including. without limitation, the Environmental Indemnity Agreement, and the Related Leases. but excluding this
Lease.
"Rent"means Base Monthly Rent and Additional Rent.
"Unnrutured Default' means any event or circumstance which,with the giving of notice or the passage of
time,or both.would constitute an Event of Default.
"U.S. Publicly-Traded Entity"is an entity whose securities are listed on a national securities exchange or
quoted on an automated quotation system in the U.S.or a wholly-owned subsidiary of such an entity.
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ARTICLE 2
LEASE OF PREMISES
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2.1 Demise of Premises. In consideration of the rents and other sums to be paid by Lessee and of the
other terms. covenants and conditions on Lessee's part to be kept and performed, Lessor leases to Lessee, and
• Lessee takes and hires,the Premises for the Lease Term. The Premises are leased to Lessee**AS IS"and WHERE
• iS" without representation or warranty by Lessor and subject to the rights of parties in possession, to the existing
state of title, any state of facts which an accurate survey or physical inspection might reveal, and all Applicable
• Regulations now or after the Effective Date in effect. Lessee has examined the Premises and title to the Premises
and has found all of the same satisfactory for all of Lessee's purposes. Lessee has examined and accepts the land,
• building and use restrictions governing the real property and those recited in Lessor's Deed and in Exhibit"A". At
• the termination of this Lease, Lessee shall quietly yield up the Premises in as good and tenantable condition in all
respects as the same now is, ordinary reasonable wear and tear excepted. Lessor hereby leases and demises to
Lessee for the Lease Term the Premises. together with the nonexclusive right to use the common areas as may be
designated by Lessor.together with cross-access to all available drives and all available parking areas,subject to the
terms and conditions of this Lease but excluding any areas set aside by Lessor for future development and subject to
10 any Rules and Regulations as may from time to time be promulgated by Lessor.
• 2.2 Lease Characterization. Lessor and Lessee intend that: (a)this Lease is a "true lease" and not a
. financing lease, capital lease, mortgage, equitable mortgage, deed of trust, trust agreement, security agreement or
other financing or trust arrangement,and the economic realities of this Lease are those of a true lease;and (b)the
• business relationship created by this Lease and any related documents is solely that of a long-term commercial lease
between landlord and tenant and has been entered into by both parties in reliance upon the economic and legal
bargains contained in this Lease. Lessor and Lessee acknowledge and agree that the Lease Term, including any
. term extensions provided for in this Lease. is less than the remaining economic life of the Premises. Lessee waives
any claim or defense based upon the characterization of this Lease as anything other than a true lease and
irrevocably waives any claim or defense that asserts that this Lease is anything other than a true lease. Lessee
• covenants and agrees that it will not assert that this Lease is anything but a true lease. Lessee stipulates and agrees
not to challenge the validity.enforceability or characterization of the lease of the Premises as a true lease and further
. stipulates and agrees that nothing contained in this Lease creates or is intended to create a joint venture,partnership
(either de jure or de facto),equitable mortgage, trust, financing device or arrangement, security interest or the like.
Lessee shall support the intent of the parties that the lease of the Premises pursuant to this Lease is a true lease and
. does not create a joint venture,partnership(either de jure or de facto).equitable mortgage,trust, financing device or
111 arrangement. security interest or the like, if, and to the extent that, any challenge occurs. Lessee represents and
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warrants to Lessor that(i)the Base Annual Rent(including Base Annual Rent payable during any Extension Period)
is the fair market value for the use of the Premises and was agreed to by Lessor and Lessee on that basis.and(ii)the
• execution.delivery and performance by Lessee of this Lease does not constitute a transfer of all or any part of the
Premises. The expressions of intent,the waivers,the representations and warranties,the covenants,the agreements
and the stipulations set forth in this Section are a material inducement to Lessor entering into this Lease.
• 2.3 Option To Extend.
(a) ExtgnSiOniefitd. Lessee shall have the option to continue this Lease for each of the
Extension Periods.if any provided,however,that Lessee shall not be entitled to exercise any extension option
• it at the time of exercise or at the time the extension teen would commence,an Unmatured Default or Event of
Default shall have occurred and be continuing.
• (b) Exercise of Option. Lessee shall exercise such extension option, if any, by giving written
notice to Lessor of Lessee's intention to do so not more than 270 days or less than 180 days prior to the
expiration of the Lease Term then in effect.
• (c) Failure to Give Notice. If Lessee fails to give written notice of exercise of an extension
option within the applicable time periods set forth above.then this Lease shall terminate on the last day of the
Lease Term as in effect prior to the time during which Lessee could have exercised the option to extend for the
• particular Extension Period at issue.
• (d) Terms of Exicnsiog. If Lessee properly extends this Lease for an Extension Period, such
extension shall be on all of the same terms and conditions as then in effect,except that Base Annual Rent for
the Extension Period shall be determined as provided in Section 2.3(e).
(e) Base Annual Rent. During the applicable Extension Period,the Base Annual Rent shall be
the Base Annual Rent in effect at the end of the Lease Term immediately prior to the commencement of such
Extension Period increased by an amount equal to the product of the Base Annual Rent in effect at the end of
the Lease Term immediately prior to the commencement of such Extension Period and the Adjustment
Percentage.subject to increases on each Adjustment Date thereafter as described in Section 3.2.
2.4 Ouiet.Enjoyment. Conditioned upon Lessee paying the Base Annual Rent and all Additional Rem and
performing and fulfilling all of the covenants,agreements,conditions,and provisions in this Lease to be kept,observed
or performed by Lessee.Lessee may at all times during the Lease Term peaceably.quietly,and exclusively have,hold,
and enjoy the Premises.subject to the terms and conditions of this Lease. Notwithstanding the foregoing,however,in
no event shall Lessee be entitled to bring any action against Lessor to enforce its rights under this Lease if an
Unmatured Default or Event of Default shall have occurred and be continuing as a result of Lessee's failure to pay
Base Annual Rent or Additional Rent or to perform any other material obligation under this Lease.
2.5 Holdint Over. if Lessee remains in possession of the Premises after the expiration of the Lease
Term. Lessee,at Lessor's option and within Lessor's sole discretion,may be deemed a tenant on a month-to-month
basis and shall continue to pay rentals and other sums in the amounts provided in this Lease, except that the Base
Monthly Rent shall be automatically increased by 150%.and to comply with all the terms of this Lease; provided
that nothing in this Lease nor the acceptance of rent by Lessor shall be deemed a consent to such holding over.
Lessee shall defend, indemnify.protect and hold the Indemnified Parties harmless for. from and against any and all
Losses resulting from Lessee's failure to surrender possession upon the expiration of the Lease Term. including,
without limitation.any claims made by any succeeding lessee.
{ 2.6 Removal of Lessee's Property. At the expiration of the Lease Term and provided that no
Unmatured Default or Event of Default has occurred and is continuing, Lessee may remove from the Premises all
b y a personal property belonging to Lessee: Lessee shall repair any damage caused by such removal and shall leave the
M1 Premises broom clean and in good and working condition and repair inside and out subject to normal wear and tear.
" ; 2.7 Lessee;�Pronst Leff on lle P anus. If any personal property (including trade fixtures)of
Lessee is left on the Premises following the Lease Term Expiration Date, Lessor may treat such property as
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abandoned by Lessee. In addition to any other rights and remedies available to Lessor, Lessor,at Lessor's option
and without any further notice to Lessee. may either sell any such property and retain all of the proceeds of sale
without any accounting to Lessee or Lessor may store such property,on or off of the Premises.in Lessee's name and
at Lessee's expense. Lessee agrees to pay such amounts to Lessor within ten(10)days of receipt of an invoice from
Lessor.
?.8 Delivery of Certain Documents to Lessor. On or prior to the end of the Lease Term, Lessee will
deliver to Lessor, for Lessor's use at no cost to Lessor,copies of all engineering,environmental,architectural and
site plans.inspection reports,tests, feasibility reports,and other documents relating to the Premises and prepared for
or on behalf of Lessee and which are non-confidential to Lessee,as reasonably determined by Lessee.
ARTICLE 3
RENT
3.1 Rental Payments. On or before the first day of each calendar month during the Lease Term. Lessee
shall pay Lessor in advance the Base Monthly Rent then in effect without any setoff, abatement,deferment.deduction
or counterclaim whatsoever. If the Effective Date is a date other than the first day of the month.Lessee shall pay Lessor
on the Effective Date the Base Monthly Rem prorated on the basis of the ratio that the number of days from the Effective
Date through the last day in the month containing the Effective Date bears to the number of days in such month.
3.2 adjustments. Commencing on the first Adjustment Date and on each Adjustment Date after the first
Adjustment Date. the Base Annual Rent shall increase by an amount equal to the product of the then current Base
Annual Rent and the Adjustment Percentage. The increased Base Annual Rent shall constitute the Base Annual Rent
due and payable until the next Adjustment Date.
3.3 Rentals to Be Net to Lessor. This Lease is a net lease and.notwithstanding any present or future law
to the contrary,this Lease shall not terminate except as otherwise expressly provided in this Lease, nor shall Lessee be
entitled to any abatement reduction,diminution, set-off, counterclaim, defense or deduction with respect to any Base
Annual Rent. Additional Rent or other sums payable under this Lease, nor shall the obligations of Lessee under this
Lease be modified.waived.or otherwise affected,by reason of (a)any damage to or destruction of the Premises or any
' portion of the Premises:(b)any defect in the condition,design,operation or fitness for use of the Premises or any portion
of the Premises: (c)any partial or temporary taking of the Premises or any part of the Premises by condemnation or
otherwise;(d)any prohibition,limitation.interruption.cessation,restriction or prevention of Lessee's use occupancy or
enjoyment of the Premises, or any interference with such use,occupancy or enjoyment by any person;(e)any eviction
by paramount title or otherwise;(f)any default by Lessor under this Lease or under any other agreement which does not
prevent or materially diminish Lessee's ability to operate the Permitted Concept (g) the impossibility or illegality of
performance by Lessor.Lessee or both;(h)any action of any Governmental Authority;performance (7 construction on or renovation
of the Premises;(j)any failure in the Premises to comply with Applicable Regulations;or(k)any other cause whether
similar or dissimilar to the foregoing. All costs,expenses and obligations of every kind and nature whatsoever relating to
the Premises and the appurtenances to the Premises and the use and occupancy of the Premises which may arise or
become due and payable with respect to the period which ends on the Lease Term Expiration Date(whether or not the
same shall become payable during the Lease Term or after the Lease Term Expiration Date shall be paid by Lessee
except as otherwise expressly provided in this Lease. It is the purpose and intention of Lessor and Lessee that the Base
Annual Rent and the Additional Rent due under this Lease shall be absolutely net to Lessor and that this Lease shall
yield,net to Lessor.the Base Annual Rent and the Additional Rent provided in this Lease. The parties intend that the
obligations of Lessee under this Lease shall be separate and independent covenants and agreements and shall continue
unaffected unless such obligations shall have been modified or terminated pursuant to an express provision of this Lease.
Lessee shall remain obligated under this Lease in accordance with its terms and shall not take any action to terminate,
rescind or avoid this Lease.notwithstanding any bankruptcy,insolvency,reorganization,liquidation,dissolution or other
Proceeding affecting Lessor or any action with respect to this Lease which may be taken by any trustee, receiver or
liquidator or by any court, Except,as otherwise expressly provided in this Lease,Lessee waives all rights to terminate or
surrender this Lease. or to any abatement or deferment of Base Annual Rent. Additional Rent or other sums payable
under this Lease.
3.4 (deleted.]
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x 3S sate Charges; Default Interest, Any delinquent payment (that is, any payment not made within
lender days after the date when due)of Rem shall. in addition to any other remedy of Lessor. incur a late
Of gy,(which late charge is intended to compensate Lessor for the cost of handling and processing such
a ent and should not be considered interest)and bear interest at the Default Rate.such interest to be
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ed from and including the date such payment was due through and including the date of the payment;
odd, however. in no event shall Lessee be obligated to pay a sum of late charge and interest higher than the
�� um legal rate then in effect.
3.6 Additional Rent Lessor shall have the same remedies for nonpayment of Additional Rent as those
ti+ided in this Lease for the nonpayment of Base Annual Rent.
ARTICLE 4
REPRESENTATIONS AND WARRANTIES OF LESSEE
• 4,1 Representations and Warranties of Lessee. The representations and warranties of Lessee contained
phis Section are being made to induce Lessor to enter into this Lease and Lessor has relied,and will continue to
r,upon such representations and warranties. Lessee represents and warrants to Lessor as of the Effective Date as
Mows:
fi��` (a) Organization.Authority and Status. Each of the Lessee Panics(other than individuals)is
duly organized or formed,validly existing and in good standing under the laws of its state of incorporation
or formation. To the extent applicable,Lessee is qualified as a foreign corporation.partnership or limited
::. liability company,as applicable,to do business in the state where the Premises are located,and each of the
Lessee Parties is qualified as a foreign corporation.partnership or limited liability company,as applicable,
to do business in any other jurisdiction where the failure to be qualified would reasonably be expected to
result in a Material Adverse Effect. All necessary action has been taken to authorize the execution,
• delivery and performance by Lessee of this Lease and by each of the Lessee Parties of the Related
Agreements being executed by each Lease Party concurrently with the execution of this Lease. Lessee is
not a "foreign corporation". "foreign partnership". "foreign trust". "foreign limited liability
company"or**foreign estate",as those terms are defined in the Internal Revenue Code and the regulations
. promulgated pursuant to the Internal Revenue Code. The person(s)who have executed this Lease on behalf
• of Lessee are duly authorized to do so. None of the Lessee Parties, and no individual or entity owning
directly or indirectly any interest in any of the Lessee Parties, is an individual or entity whose property or
interests are subject to being blocked under any of the OFAC Laws and Regulations or is otherwise in
violation of any of the OFAC Laws and Regulations;provided, however, the representation contained in
this sentence shall not apply to any Person to the extent such Person's interest is in or through a U.S.
Publicly Traded Entity.
(b) Rnforceability. Upon execution by Lessee,this Lease shall constitute the legal,valid and
binding obligation of Lessee, enforceable against Lessee in accordance with its terms, except as such
enforceability may be limited by applicable bankruptcy.cY, insolvency, liquidation, reorganization and other
laws affecting the rights of creditors generally and general principles of equity.
(c) Litigation. There are no suits.actions. proceedings or investigations pending, or. to the
best of its knowledge,threatened against or involving any of the Lessee Parties or the Premises before any
arbitrator or Governmental Authority,except for such suits.actions, proceedings or investigations which.
individually or in the aggregate,have not had,and would not reasonably be expected to result in,a Material
Adverse Effect.
(d) Absence of Breaches or Qgfaults. The Lessee Parties are not. and the authorization,
• execution, delivery and performance of this Lease and the documents, instruments and agreements
provided for in this Lease will not result in. any breach or default under any document, instrument or
agreement to which any of the Lessee Parties is a
y party or by which any of the Lessee Parties,the Premises
or any of the property of any of the Lessee Parties is subject or bound,except for such breaches or defaults
:.: which, individually or in the aggregate, have not had,and would not reasonably be expected
Material Adverse Effect, The authorization, execution. delivery and performance odLease land the
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i ;. documents, instruments and agreements provided for in this Lease will not violate any applicable law,
statute, regulation, rule. ordinance,code, rule or order. Lessee has not assigned, transferred, mortgaged,
hypothecated or otherwise encumbered this Lease or any rights or interest in this Lease.
(e) Finattsia.! Information. Lessee has delivered to Lessor certain financial statements and
other information concerning the Lessee Parties in connection with this Lease(collectively,the"Financial
~.a information"). The Financial information is true,correct and complete in all material respects;there have
been no amendments to the Financial information since the date such Financial Information was prepared
a•. or delivered to Lessor. Lessee understands that Lessor is relying upon the Financial Information and
Lessee represents that such reliance is reasonable. All financial statements included in the Financial
Information were prepared in general accordance with GAAP. and fairly present as of the date of such
financial statements the financial condition of each individual or entity to which they pertain. No change
has occurred with respect to the financial condition of any of the Lessee Panics or the Premises as reflected
in the Financial information that has not been disclosed in writing to Lessor or has had,or could reasonably
be expected to result in.a Material Adverse Effect.
(f) Solvency. Both before and immediately after the consummation of the transactions
contemplated by this Lease and after giving effect to such transactions. (i) the fair value of the assets of
Lessee, at a fair valuation. will exceed the debts and liabilities, subordinated. contingent or otherwise, of
Lessee;(ii)the present fair saleable value of the assets of Lessee will be greater than the amount that will
be required to pay the probable liability of Lessee on its debts and other liabilities,subordinated,contingent
or otherwise. as such debts and other liabilities become absolute and matured; (iii)Lessee will be able to
pay its debts and liabilities, subordinated, contingent or otherwise, as such debts and liabilities become
absolute and matured;and(iv)Lessee will not have unreasonably small capital with which to conduct the
business in which it is engaged as such business is now conducted and as proposed to be conducted after
the Effective Date. Lessee does not intend to and does not believe that it will incur debts beyond its ability
to pay such debts as they mature.taking into account the timing of and amounts of cash to be received by it
and the timing of the amounts of cash to be payable on or in respect of its debts and other liabilities,
subordinated.contingent,or otherwise.
(g) pia Reliance by Lessee. Lessee specifically acknowledges that neither Lessor nor any
agent.officer,employee or representative of Lessor has made any representation or warranty regarding the
projected profitability of the business to be conducted on the Premises and that Lessor did not prepare or
assist in the preparation of any of the projected figures used by Lessee in analyzing the economic viability
and feasibility of the business to be conducted by Lessee at the Premises. Lessee specifically
acknowledges that neither Lessor nor any agent. officer, employee or representative of Lessor has made
any representation or warranty regarding the treatment of this Lease for accounting purposes.
ARTICLE 5
TAXES AND ASSESSMENTS;INSURANCE
5.1 Taxes pod Assessments.
(a) Nature of Taxes aid Assessments to be Paid. Lessee shall pay, prior to the earlier of
delinquency or the accrual of interest on the unpaid balance, all taxes and assessments of every type or
nature assessed against. imposed upon or arising with respect to Lessor,the Premises.this Lease,the rental
or other payments due under this Lease or Lessee during the Lease Term which affect in any manner the
net return realized by Lessor under this Lease,including,without limitation,the following:
(i) All taxes and assessments upon the Premises or any part of the Premises and
upon any Personal Property,whether belonging to Lessor or Lessee,or any tax or charge levied in
lieu of such`taxes and assessments;
(ii) All taxes.charges,license fees and or similar fees imposed by reason of the use
of the Premises by Lessee;and
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• (iii) All excise, transaction, privilege, license, sales, use and other taxes upon the
'S rental or other payments due under this Lease.the leasehold estate of either party or the activities
of either party pursuant to this Lease.
• (b) Excluded Taxes. Notwithstanding the foregoing. but without limiting the preceding
. obligation of Lessee to pay all taxes which are imposed on the Rent due under this Lease,in no event will
Lessee be required to pay any net income taxes (i.e., taxes which are determined taking into account
5 deductions for depreciation. interest. taxes and ordinary and necessary business expenses) or franchise
taxes (unless imposed in lieu of other taxes that would otherwise be the obligation of Lessee under this
Lease. including.without limitation,any"gross receipts tax"or any similar tax based upon gross income
• or receipts of Lessor which does not take into account deductions from depreciation, interest, taxes or
ordinary or necessary business expenses)of Lessor,or any tax imposed with respect to the sale,exchange
• or other disposition by Lessor, in whole or in part.of the Premises or Lessor's interest in this Lease(other
• than transfer or recordation taxes imposed in connection with the transfer of the Premises to Lessee or the
111 termination of this Lease pursuant to the provisions of this Lease).
. (c) Notices: Tax Contests. All taxing authorities shall be instructed to send all tax and
assessment invoices to Lessee and Lessee shall promptly provide Lessor and any Lender with copies of all
. tax and assessment invoices received by Lessee. Upon request. Lessee shall also provide Lessor and any
• Lender with evidence that such invoices were paid in a timely fashion. Lessee may, at its own expense,
contest or cause to be contested,by appropriate legal proceedings conducted in good faith and with due
. diligence,the amount or validity or application,in whole or in pan,of any taxes or assessments specified in
. this Section or lien imposed in connection with such taxes or assessments. provided that(i)Lessee shall
provide written notice to Lessor of any contest involving more than$25,000.00.(ii)such proceeding shall
suspend the collection from the Premises or any interest in the Premises,(iii)neither the Premises nor any
. interest in the Premises would be in any danger of being sold. forfeited or lost by reason of such
proceedings.(iv)no Event of Default has occurred and is continuing,(v)Lessee shall have deposited with
Lessor adequate reserves for the payment of such taxes or assessments. together with all interest and
penalties on such taxes or assessments,unless paid in full under protest,or Lessee shall have furnished the
security as may be required in the proceeding or as may be required by Lessor to insure payment of any
. contested taxes,and(vi)any such contest would not cause any material adverse effect to Lessor.
. 5.2 Insurance.
(a) Types and Amounts. Throughout the Lease Term,Lessee shall maintain with respect to the
Premises.at its sole expense. the following types and amounts of insurance(which may be included under a
blanket insurance policy if all the other terms of this Section are satisfied),in addition to such other insurance as
Lessor may reasonably require from time to time:
• (1) Insurance against loss.damage or destruction by fire and other casualty. including
theft, vandalism and malicious mischief. flood (if the Premises is in a location designated by the
Federal Emergency Management Administration as a Special Flood Hazard Area),earthquake(if the
Premises is in an area subject to destructive earthquakes within recorded history),boiler explosion(if
. there is any boiler upon the Premises).plate glass breakage,sprinkler damage(if the Premises has a
sprinkler system), all matters covered by a standard extended coverage endorsement, all matters
covered by a special coverage endorsement commonly known as an"all risk"endorsement,and such
other risks as Lessor may reasonably require.insuring the Premises for not less than 100%of their full
insurable replacement cost.
(ii) Commercial general liability insurance, including a products liability clause,
insuring Lessor and Lessee against.bodity injury liability,property damage liability and automobile
bodily injury and property damage liability, including without limitation any liability arising out of
r the ownership.maintenance,repair,condition or operation of the Premises or adjoining ways.streets
or sidewalks and. if applicable. insurance covering Lessor and Lessee against liability arising from
the sale of liquor,beer or wine on the Premises. Such insurance policy or policies shall contain a
broad form contractual liability endorsement under which the insurer agrees to insure Lessee's
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obligations under Section 7.1 to the extent insurable, and a •".severability of interest" clause or
endorsement which precludes the insurer from denying the claim of Lessee or Lessor because of the
negligence or other acts of the other.shall be in amounts of not less than S2.000,000.00 per injury
and occurrence with respect to any insured liability,whether for personal injury or property damage,
or such higher limits as Lessor may reasonably require from time to time,and shall be of form and
substance reasonably satisfactory to Lessor.
(iii) Business income insurance equal to 100%of the Base Annual Rent for a period
of not less than twelve months.
(iv) To the extent required by Applicable Regulations, state worker's compensation
insurance in the statutorily mandated limit,and employer's liability insurance with limits not less
than S500.000 or such greater amount as Lessor may from time to time reasonably require and
such other insurance as may be necessary to comply with applicable laws.
(b) Policy Provisions. All insurance policies shall:
(i) Provide for a waiver of subrogation by the insurer as to claims against Lessor,
Lender and their respective employees and agents and provide that such insurance cannot be
unreasonably cancelled,invalidated or suspended on account of the conduct of Lessee,its officers,
directors.employees,agents.contractors.or subtenants,even if negligent.
(ii) Provide that any "no other insurance" clause in the insurance policy shall
exclude any policies of insurance maintained by Lessor or Lender and that the insurance policy
shall not be brought into contribution with insurance maintained by Lessor or Lender:
(iii) Contain a standard without contribution mortgage clause endorsement in favor
of Lender and its successors and assigns as their interests may appear and any other party
designated by Lessor;
(iv) Provide that the policy of insurance shall not be terminated, cancelled or
substantially modified without at least 30 days' prior written notice to Lessor, Lender and to any
other party covered by any standard mortgage clause endorsement:
(v) Provide that the insurer shall not have the option to restore the applicable
Premises if Lessor or Lessee elects to terminate this Lease in accordance with the terms of this
Lease:and
(vi) Be issued by insurance companies licensed to do business in the stale in which
the Premises is located and which are rated A:Vlll or better by Best's Key Rating or are otherwise
approved by Lessor.
5.3 Lessee Obligations. It is expressly understood and agreed that the foregoing minimum limits of
insurance coverage shall not limit the liability of Lessee for its acts or omissions as provided in this Lease. All
liability insurance policies(with the exception of worker's compensation insurance to the extent not available under
statutory law),shall designate Lessor and Lender and their respective successors and assigns as additional insureds
as their interests may appear and shall be payable as set forth in Article 8. All such policies shall be written as
primary policies.with deductibles not to exceed$10,000.00. Any other policies, including any policy now or after
the Effective Date,carried by Lessor or Lender.shall serve as excess coverage. Lessee shall procure policies for all
insurance for periods of not less than one year and shall provide to Lessor and Lender certificates of insurance or,
upon the request of Lessor or Lender. duplicate originals of insurance policies evidencing that insurance satisfying
the requirements of this Lease is in effect at all times. In the event of any transfer by Lessor of Lessor's interest in
the Premises or any financing or refinancing of Lessor's interest in the Premises.Lessee shall,upon not less than 10
days'prior written notice,deliver to Lessor or any Lender providing such financing or refinancing,as the case may
be certificates of all insurance required to be maintained by Lessee under this Lease naming such transferee or such
Lender, as the case may be, as an additional named insured to the extent required in this Lease effective as of the
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date of such transfer, financing or refinancing. Notwithstanding anything in this Lease to the contrary,provided no
Event of Default or Unntatured Default shall have occurred and be continuing, Lessee shall be entitled to receive the
proceeds of the business interruption insurance required to be maintained by this Lease.
5.4 Tax and Insurance Jmpoun4. If an Event of Default shall have occurred because of Lessee's failure
to make any payment of Base Monthly Rent or Additional Rent required under this Lease. Lessor may thereafter
require Lessee to pay to Lessor sums which will provide an impound account(which shall not be deemed a trust fund)
for paying up to the next one year of taxes, assessments or insurance premiums for the Premises. Upon such
requirement,Lessor will estimate the amounts needed for such purposes and will notify Lessee to pay the same to Lessor
in equal monthly installments, as nearly as practicable, in addition to all other sums due under this Lease. Should
• additional funds be required at any time. Lessee shall pay the same to Lessor on demand. Lessee shalt advise Lessor of
all taxes and insurance bills that are due and shall cooperate fully with Lessor in assuring that the same are paid. Lessor
may deposit all impounded fluids in accounts insured by any federal or state agency and may commingle such funds with
other funds and accounts of Lessor. Interest or other gains from such funds. if any,shall be the sole property of Lessor.
Lessor shall apply funds held in the impound account toward the payment of taxes. assessments and/or insurance
premiums,to the extent Lessor has required that funds be impounded for such obligations.as applicable,prior to such
payments becoming delinquent. Upon the occurrence of an Event of Default after the creation of the impound account,
Lessor may apply all impounded funds against any sums due from Lessee to Lessor. Lessor shall give to Lessee an
annual accounting showing all credits and debits to and from such impounded funds received from Lessee and, upon
expiration of the Lease Term. Lessor shall provide Lessee with a reconciliation of funds remaining in the impound
account and remit to Lessee any funds remaining after the application of funds toward the obligations for taxes,
. assessments,insurance and/or any other sums due or to be paid under this Lease and accruing during the Lease Term.
ARTICLE 6
USE OF THE PREMISES;ALTERATIONS AND IMPROVEMENTS
6.1 Use.
(a) Permitted Use. The Premises shall be used solely for the operation of a Permitted Concept.
Except as set forth below,and except during periods when the Premises is untenable by reason of fire or other
casualty or condemnation(provided,however,during all such periods while the Premises is untenable.Lessee
shall strictly comply with the other terms and conditions of this Lease), Lessee shall at all times during the
Lease Term occupy the Premises and shall diligently operate its business on the Premises. Lessee may cease
diligent operation of business at the Premises for a period not to exceed 90 days and may do so only once
within any live-year period during the Lease Tenn for the purpose of interior renovations. If Lessee does
ID discontinue operation as permitted by this Section,Lessee shall(i)give written notice to Lessor within 10 days
after Lessee elects to cease operation,(ii)provide adequate protection and maintenance of the Premises during
any period of vacancy.(iii)comply with all Applicable Regulations and otherwise comply with the terms and
conditions of this Lease other than the continuous use covenant set forth in this Section.and(iv)pay all costs
necessary to restore the Premises to their condition on the day operation of the business ceased at such time as
S the Premises is reopened for Lessee's business operations or other substituted use approved by Lessor as
. contemplated below.
• (b) Conversion to Alternative Use. Lessee shall not, by itself or through any assignment,
. sublease or other type of transfer.convert the Premises to an alternative use during the Lease Term without
Lessor's consent,which consent shall not be unreasonably withheld or delayed. Lessor may consider any or all
• of the following in determining whether to grant its consent, without being deemed to be unreasonable:
(i)whether the rental paid to Lessor would be equal to or greater than the anticipated rental assuming continued
existing use.(ii)whether the proposed rental to be paid to Lessor is reasonable considering the converted use of
the Premises and the customary rental prevailing in the community for such use,(iii)whether the converted use
will be consistent with the highest and best use of the Premises,and(iv)whether the converted use will increase
Lessor's risks or decrease'the value of the Premises.
r 6.2 compliance With Laws.Restrictions._Covenants and Encumbrances.
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(a) Use and Occupation. Lessee's use and occupation of the Premises. and the condition of
the Premises, shall.at Lessee's sole cost and expense.comply in all material respects with all Applicable
• Regulations now or after the Effective Date in effect and all restrictions, covenants and encumbrances of
record with respect to the Premises. In addition,the Lessee Parties shall comply in all material respects
0 with all Applicable Regulations now or after the Effective Date in effect, including. without limitation.the
OFAC Laws and Regulations and Anti-Money Laundering Laws. Without limiting the generality of the
other provisions of this Section, Lessee shall comply in all material respects with the ADA, and all
regulations promulgated under the ADA. as it affects the Premises. Lessee will not permit any act or
condition to exist on or about the Premises that will increase any insurance rate applicable to the Premises,
except when such acts are required in the normal course of its business,and Lessee shall pay for such increase.
(b) tenses and'Permits. Lessee shall maintain in full force and effect all licenses and
permits,both governmental and private,required to use and operate the Premises as a Permitted Concept.
• 6.3. Condition of Premises;Maintenance. Lessee shall(a) maintain the Premises in good condition and
• repair,subject to reasonable and ordinary wear and tear,free from actual or constructive waste.(b)operate,remodel,
• update and modernize the Premises in accordance with those standards adopted from time to time on a system-wide
basis for the Permitted Concept. with such remodeling and modernizing being undertaken in accordance with
f� system-wide timing schedules for such activities. and(c)pay all operating costs of the Premises in the ordinary
course of business. Lessee waives any right to require Lessor to maintain. repair or rebuild all or any part of the
Premises or make repairs at the expense of Lessor pursuant to any Applicable Regulations at any time in effect.
• 6.4 Alterations and Improvements. Lessee shall not alter the exterior.structural,plumbing or electrical
elements of the Premises in any manner without the consent of Lessor. which consent shall not be unreasonably
• withheld or conditioned: presided, however. Lessee may undertake, without Lessor's consent. nonstructural
alterations to the Premises (i) costing less than$100.000:or(ii)costing in excess of S 100,000 if required by the
Franchise Agreement or Franchisor upon prior written notice to Lessor. For purposes of this Lease,alterations to
the exterior,structural,plumbing or electrical elements of the Premises shall mean:
• (a) Alterations that affect the foundation or"footprint"of the improvements at the Premises;
S (b) Alterations which involve the structural elements of the improvements at the Premises,
• such as a load-bearing wall,structural beams.columns.supports or roof:
• (c) Alterations which materially affect any of the building systems, including, without
• limitation.the electrical systems.plumbing.FIVAC and fire and safety systems;
Any work at any time commenced by Lessee on the Premises shall be prosecuted diligently to completion,shall be
. of good workmanship and materials and shall comply fully with all the terms of this Lease. All alterations,additions
and repairs to the Premises. including any items attached or affixed to the Premises that are not readily removable.
• shall be made only in compliance with all Applicable Regulations. including internal Revenue Service guidelines.
shall be free and clear of all liens and shall automatically be deemed a part of the Premises and belong to Lessor.
Lessee shall execute and deliver to Lessor such instruments as Lessor may require to evidence the ownership by
• Lessor of such alterations,additions,repairs and items. No such alterations,additions. repairs or items shall cause
10 the Premises to have diminished current value,residual value,utility or remaining economic useful lice by more than
a de minimis amount or cause the Premises to become "limited use property" within the meaning of Revenue
MO Procedure 2001-28.
If Lessor's consent is required to the making of any alterations and such consent is given,such alterations shall be
made by Lessee at Lessee's sole expense by a licensed contractor and according to plans and specifications
approved by Lessor and subject to such other conditions as Lessor shall reasonably require.Upon completion of arty
alterations for which Lessor's consent is required under this Lease. Lessee shall promptly provide Lessor with
. (i)evidence of MI payment to all laborers and materialmen contributing to the alterations. (ii) if applicable, an
architect's certificate certifying the alterations to have been completed in conformity with the plans and
specifications,(iii)a certificate of occupancy(if the alterations are of such a nature as would require the issuance of
a certificate of occupancy).and(iv)any other documents or information reasonably requested by Lessor.
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6.5 Lim. Lessor's interest in the Premises may not be subjected to liens of any nature by reason of
Lessee's alteration, repair. restoration, replacement or reconstruction of any improvements on or in the Premises.
including those arising in connection with or as an incident to the renovation of the improvements located on the
premises,or by reason of any other act or omission of Lessee(or of any person claiming by,through or under Lessee)
0
including, but not limited to, mechanics' and materialmen's liens. Accordingly, all persons dealing with Lessee are
hereby placed on notice that such persons shall not look to Lessor or to Lessor's credit or assets(including Lessor's
interest in the Premises)for payment or satisfaction of any obligations incurred in connection with the alteration,repair,
0 restoration.renovation.replacement or reconstruction thereof by or on behalf of Lessee. Lessee has no power.right or
authority to subject Lessor's interest in the Premises to any mechanic's or materialmen's lien or claim alien.
0 6.6 Emma. During the Lease Term. Lessor shall have the right to grant utility easements on. over,
under and above the Premises without the prior consent of Lessee. provided that such easements will not materially
interfere with Lessee's use of the Premises in accordance with the provisions of this Lease.
6.7 thilities. Lessee shall contract.in its own name. for and pay when due all charges for the connection
and use of water. gas, electricity, telephone, garbage collection, sewer use and other utility services supplied to the
10 Premises during the Lease Term. Under no circumstances shall Lessor be responsible for any interruption of any utility
service.
lb ARTICLE 7
III ITIDEMNi MAT ION
. 7.1 General Indemnity. Lessee shall.at its sole cost and expense,protect,defend, indemnify,release
and hold harmless each of the Indemnified Parties for, from and against any and all Losses (excluding Losses
IP suffered by an Indemnified Party arising out of the gross negligence or willful misconduct of such indemnified
ID Party;provided,however.that the term'gross negligence"shall not include gross negligence imputed as a matter of
law to any of the Indemnified Parties solely by reason of the Lessor's interest in the Premises or Lessor's failure to
act in respect of matters which are or were the obligation of Lessee under this Lease) caused by, incurred or
III resulting from Lessee's operations of or relating in any manner to the Premises, whether relating to their original
design or construction, latent defects,alteration,maintenance,use by Lessee or any other person. or otherwise,or
• from any breach of,default under,or failure to perform,any term or provision of this Lease by Lessee,its officers,
employees,agents or other persons,or to which any indemnified Party is subject because of Lessor's interest in the
Premises,including,without limitation.Losses arising from(a)any accident,injury to or death of any person or loss
ID of or damage to property occurring in, on or about the Premises or portion or on the adjoining sidewalks. curbs,
lb operation,areas, streets or ways, (b) any use. non-use or condition in, on or about, or possession, alteration, repair.
operation, maintenance or management of, the Premises or any portion of the Premises or on the adjoining
sidewalks.curbs.parking areas,streets or ways,(c)any representation or warranty made in this Lease by Lessee. in
any certificate delivered in connection with this Lease or in any other agreement to which Lessee is a party or
10 pursuant to such other agreement being false or misleading in any material respect as of the date of such
. representation or warranty was made.(d)performance of any labor or services or the furnishing of any materials or
other property in respect to the Premises or any portion of the Premises.(e)any taxes,assessments or other charges
. which Lessee is required to pay under Article 5, (f) any lien, encumbrance or claim arising on or against the
. Premises or any portion of the Premises under any Applicable Regulation or otherwise which Lessee is obligated
under this Lease to remove and discharge.or the failure to comply with any Applicable Regulation,(g)the claims of
any invitees,patrons,licensees or subtenants of all or any portion of the Premises or any Person acting through or
under Lessee or otherwise acting under or as a consequence of this Lease or any sublease.(h)any act or omission of
Lessee or its agents,contractors. licensees,subtenants or invitees,(i)any contest.referred to in Section 5.1(c), and
(i)the sale of liquor, beer or wine on the Premises. Notwithstanding the foregoing, the indemnification and hold
harmless obligations of Lessee under this Section 7.1 or any other indemnification provision of this Lease shall not
II apply to any matter concerning the Premises which first arises or accrues after the expiration or earlier termination
. of this Lease.
,
i 7.2 Environmental covenants Lessee agrees that, at all times and at the sole cost and expense of
Lessee: (a) the Premises, Lessee. and all of Lessee's Agents, Lest is use,_gperalion, of ,p aintenence of thv
Premises,.shatl comply with all applicable environmental laws(meaning all present and future federal. state and
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local laws, statutes. ordinances, rules, regulations, orders, injunctions and decrees of governmental authorities and
common law, relating to hazardous materials or the protection of human health,safety or the environment in the
jurisdictions where the Premises are located or where any hazardous materials used. generated or disposed of by
Lessee are located).permits,and any requirements of any governmental authority;(b)neither Lessee nor any Lessee
Agent shall use or permit the use of any hazardous materials in.on or under the Premises.other than in de minimis
amounts; (c) Lessee shall keep the Premises. and shall cause the Premises to be kept, free and clear of all
environmental conditions and environmental liens:and(d)Lessee shall not do or allow any Lessee Agents to do any
act on or relating to the Premises that materially increases the dangers to human health or the environment.
Lessee shall immediately notify Lessor in writing upon Lessee obtaining actual knowledge of: (a) any
release in, on, under, from, or migrating towards the Premises; (b) any material non-compliance with any
environmental law related in any way to the Premises; (c) any environmental lien on the Premises or any act or
omission which would reasonably be expected to result in the imposition of an environmental lien on the Premises;
(d) any investigation or inquiry initiated by any governmental authority relating to any potential environmental
condition on. in or under the Premises: (e) any written or oral notice or other communication of which Lessee
becomes aware from any source whatsoever(including but not limited to a governmental authority)relating in any
way to liability pursuant to, noncompliance with. or enforcement actions under environmental laws in connection
with the condition or operation of the Premises;and(t)any of the representations and warranties of Lessee in this
Agreement which is no longer accurate or complete.
Upon discovery of any release on,above or under the Premises,Lessee immediately shall report the release
to appropriate governmental authorities if required by environmental laws) and to Lessor and shall promptly and
diligently take appropriate remedial action to remedy such release and remove all hazardous materials(other than de
minimis amounts)from the Premises. Upon written notice from Lessor or any governmental authority.Lessee shall.
without limiting the rights of Lessor under any other provision of this Agreement,reasonably effectuate remediation
of any potential environmental condition(including but not limited to a release) in.on.under or from the Premises
and/or take any other reasonable action necessary or appropriate for protection of human health or the environment.
All actions by or on behalf of Lessee pursuant to this Paragraph shall be (a) undertaken and completed to the
reasonable satisfaction of Lessor and in compliance with environmental laws, including all applicable orders and
directives of all governmental authorities;(b) undertaken by environmental consultants, engineers,and contractors
and in accordance with remediation plans,all as approved in advance and in writing by Lessor,such approval not to
be unreasonably withheld or delayed:and(c)at the sole cost and expense of Lessee. Lessor shall have the right, at
Lessor's expense. to observe and monitor all remedial actions using environmental consultants and engineers
selected by Lessor.
Indemnification. Lessee shall. at its sole cost and expense, protect, defend, indemnify, release and hold
harmless Lessor and each of the Indemnified Parties for. from and against any and all losses and costs of
remediation (whether or not performed voluntarily), imposed upon or incurred by or asserted against any
Indemnified Parties and directly or indirectly arising out of or in any way relating to any one or more of the
following: (a) the presence of any hazardous materials in. on, above, or under the Premises; (b) the release,
treatment, transportation, storage, arranging for disposal or disposal of any Hazardous Materials in, under, on or
above the Premises: (c)any threatened non-compliance with or violations of any environmental laws in connection
with activities. operations or environmental conditions on the Premises, including but not limited to any failure by
Lessee or Lessee Agent to comply with any order of any Governmental Authority in connection with any
Environmental Laws;(d)the imposition. recording or filing or the threatened imposition,recording or filing of any
environmental lien encumbering the Premises: (e) any administrative processes or proceedings or judicial
proceedings in any way connected with any matter addressed in this Agreement; (f) any misrepresentation or
inaccuracy in any representation or warranty in this Agreement or any material breach or failure to perform any
covenants or other obligations imposed on Lessee pursuant to this Agreement; and (g) any Hazardous Materials
Claim,Inquiry or Investigation.
7.3 Survival. It is dxpressly understood and agreed that Lessee's obligations under Section 7.1 and
Section 7.2 or any other indemnification provision of this Lease shall survive the expiration or earlier termination of
this Lease for any reason,any other provision of this Lease to the contrary notwithstanding.
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ARTICLE 8
CASUALTY AND CONDEMNATION
Si Notice of Igkilmcasnalot. In the event of a taking of all or any part of the Premises for any public
or quasi-public purpose by any lawful power or authority by exercise of the right of condemnation or eminent domain or
' by agreement between Lessor. Lessee and those authorized to exercise such right(.Taking")or the commencement of
any proceedings or negotiations which might result in a Taking.or any material damage to or destruction of the Premises
or any part of the Premises(a--Casualty"),Lessee will promptly give written notice to Lessor,generally describing the
nature and extent of such Taking, proceedings, negotiations or Casualty and including copies of any documents or
notices received in connection with such event. Lessee shall promptly send Lessor copies of all other correspondence
and pleadings relating to any such Taking.proceedings,negotiations or Casualty. During all periods of time following a
' Casualty.Lessee shall ensure that the Premises is secure and does not pose any risk of harm to adjoining property owners
or occupants or third-parties.
8.2 Total Taking. In the event of a Taking of the whole of the Premises.other than for temporary use
("Total Taking"). this Lease shall terminate as of the date of the Total Taking except for those provisions in this
Lease that expressly survive any such termination. If the date of such Total Taking is other than the first day of a
month.the Base Annual Rent payable for the month in which such Total Taking occurs shall be apportioned based
on the date of the Total Taking. Lessee's obligations to Lessor under Section 7.1 and Lessee's obligation to pay all
other sums of money under this Lease(whether payable to Lessor or to a third-parry)that accrue prior to the date of
such Total Taking shall survive the termination of this Lease. A Total Taking shall include a Taking,other than for
a temporary use,of such a substantial part of the Premises as shall result in the portion of the Premises remaining
after such Taking being unsuitable for use as a Permitted Concept,as determined by Lessee in the exercise of good
faith business judgment. Lessor shall be entitled to receive the entire award or payment in connection with a Total
Taking without deduction for any estate vested in Lessee by this Lease. Lessee expressly assigns to Lessor all of its
right,title and interest in and to every such award or payment and agrees that Lessee shall not be entitled to any
award or payment for the value of Lessee's leasehold interest in this Lease. Lessee shall be entitled to claim and
receive any award or payment from the condemning authority expressly granted for the taking of Personal Property,
the interruption of its business and moving expenses.but only if such claim or award does not adversely affect or
interfere with the prosecution of Lessor's claim for the Total Taking or otherwise reduce the amount recoverable by
Lessor for the Total Taking. Lessor and Lessee agree to reasonably cooperate in good faith in connection with
obtaining such awards or payments. including, without limitation, awards for the interruption of Lessee's business
and Lessee's moving expenses.
8.3 Temporary Taking. In the event of a Taking of all or any part of the Premises for a temporary use
(*Temporary Taking"),this Lease shall remain in full force and effect without any reduction of Base Annual Rent,
Additional Rent or any other sum payable under this Lease. Except as provided below and subject to the terms and
provisions of the Mortgages,Lessee shall be entitled to the entire award for a Temporary Taking. whether paid by
damages, rent or otherwise, unless the period of occupation and use by the condemning authorities shall extend
beyond the date of expiration of this Lease, in which case the award made for such Taking shall be apportioned
between Lessor and Lessee as of the date of such expiration. At the termination of any such Temporary Taking,
Lessee will,at its own cost and expense and pursuant to the terms of Section 6.4,promptly commence and complete
the restoration of the Premises.
8.4 Partial Ta(iine or Casualty. (a) in the event of a Taking which is not a Total Taking or a
Temporary Taking('Partial Taking") or of a Casualty, all awards, compensation or damages shall be paid to
Lessor, and Lessor shall have the option to (i)subject to the right of Lessee to elect otherwise as set forth in the
following sentence,terminate this Lease by notifying Lessee within 60 days after Lessee gives Lessor notice of such
Casualty or that title has vested in the taking authority or(ii)continue this Lease in effect, which election may be
evidenced by either a notice from Lessor to Lessee or Lessor's failure to notify Lessee that Lessor has elected to
terminate this Lease with respect to the Premises within such 60-day period. Lessee shall have a period of 60 days
after Lessor's notice that it has elected to terminate this Lease during which to elect to continue this Lease. If Lessor
elects to terminate this Lease and Lessee does not elect to continue this Lease or shall fail during such 60-day period
to notify Lessor of Lessee's intent to continue this Lease. then this Lease shall terminate as of'the last day of the
month during which such period expired. Lessee shall then immediately vacate and surrender the Premises and all
c' obligations of either party under this Lease with respect to the Premises shall cease as of the date of termination;
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provided, however, Lessee's obligations to pay Base Annual Rent. Additional Rent and all other sums (whether
payable to Lessor or a third party) accruing under this Lease with respect to the Premises prior to the date of
ID termination shall survive such termination. If Lessor elects not to terminate this Lease, or if Lessor elects to
r terminate this Lease but Lessee elects to continue this Lease.then this Lease shall continue in full force and effect
on the following terms: (i)all Base Annual Rent, Additional Rent and other sums and obligations due under this
Lease shall continue unabated. and(ii)Lessee shall promptly commence and diligently prosecute restoration of the
Premises to the same condition.as nearly as practicable.as prior to such Partial Taking or Casualty as approved by
Lessor. Lessor shall promptly make available in Installments as restoration progresses an amount up to but not
. exceeding the amount of any award.compensation or damages received by Lessor after deducting all costs,fees and
expenses incident to the collection of such award, compensation or damages, including all costs and expenses
incurred by Lessor and Lender in connection with such Partial Taking or Casualty (the "Net Restoration
Amount").upon request of Lessee accompanied by evidence reasonably satisfactory to Lessor that such amount has
been paid or is due and payable and is properly a part of such costs and that Lessee has complied with the terms of
10 Section 6.4 in connection with the restoration. Prior to the disbursement of any portion of the Net Restoration
. Amount with respect to a Casualty. Lessee shall provide evidence reasonably satisfactory to Lessor of the payment
of restoration expenses by Lessee up to the amount of the insurance deductible applicable to such Casualty. Lessor
. shall be entitled to keep any portion of the Net Restoration Amount that may be in excess of the cost of restoration,
and Lessee shall bear all additional costs. fees and expenses of such restoration in excess of the Net Restoration
Amount.If this Lease is terminated as a result of a Casualty.simultaneously with such termination Lessee shall pay
Lessor an amount equal to the insurance deductible applicable to such Casualty.
(b) Notwithstanding the foregoing, if the building comprising the Premises is damaged or destroyed
. during the last two(2) lease years of the then Lease Term. and the cost of restoring such damage or destruction
exceeds twenty-five percent (25%) of the then replacement value of the buildings. fixtures and improvements
comprising the Premises,as reasonably determined by Lessor.exclusive of the cost of the foundation, and an Event
lb of Default shall not have occurred and be continuing, then Lessee shall have the right to terminate this Lease by
giving notice of such termination("Termination Notice")to Lessor within thirty(30)days after the occurrence of
such Casualty. in which event this Lease shall be deemed terminated effective as of the later of the date (i) such
. Termination Notice is delivered to Lessor,(ii)Lessee vacates the Premises following such Casualty,and(iii)Lessor
receives all proceeds of any insurance payable with respect to such Casualty and Lessee has paid to Lessor an
amount equal to the insurance deductible applicable to such Casualty and the cost of restoration resulting from such
Casualty which was not covered by insurance. If this Lease is terminated pursuant to this subsection. Rent and all
10 other charges and costs payable hereunder shall be adjusted and paid to the effective date of termination. Such
termination shall not limit Lessee's obligations under this Lease arising or accruing prior to the effective date of
such termination and/or which by the terms of this Lease survive such termination.
, 8.5 Adjustment of Losses. Any loss under any property damage insurance required to be maintained
by Lessee shall be adjusted by Lessor and Lessee. Lessor and Lessee agree to reasonably cooperate in good faith in
connection with such adjustment. Subject to the terms and provisions of the Mortgages. any award relating to a
. Total Taking or a Partial Taking shall be adjusted by Lessor or,at Lessors election. Lessee. Notwithstanding the
foregoing or any other provisions of this Section to the contrary but subject to the terms and provisions of the
Mortgages. if at the time of any Taking or Casualty or at any time after any Taking or Casualty an Event of Default
shall have occurred and be continuing under this Lease. Lessor is authorized and empowered but shall not be
obligated. in the name and on behalf of Lessee and otherwise, to file and prosecute Lessee's claim, if any, for an
award on account of such Taking or for insurance proceeds on account of such Casualty and to collect such award or
proceeds and apply the same.after deducting all costs. fees and expenses incident to the collection of such award or
proceeds.to the curing of such default and any other then existing default under this Lease or to the payment of any
amounts owed by Lessee to Lessor under this Lease, in such order, priority and proportions as Lessor in its
discretion shall deem proper.
ARTICLE 9
ADDITIONAL COVENANTS OF LESSEE
. 9.1 Inspection. Lessor and its authorized representatives shall have the right upon reasonable prior
notice (or at any time without prior notice in the event of an emergency) to enter any part of the Premises at
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reasonable times in order to inspect the same and make photographic or other evidence concerning Lessee's
compliance with the terms of this Lease or in order to show the Premises to prospective purchasers and lenders.
Lessee waives any claim for damages for any injury or inconvenience to or interference with Lessee's business,any
Li loss of occupancy or quiet enjoyment of the Premises and any other loss occasioned by such entry so long as Lessor
shall have used reasonable efforts not to unreasonably interrupt Lessee's normal business operations.
PIP 9.2 ,Books and Records. Lessee shall keep and maintain at the Premises or Lessee's chief executive
office full.complete and appropriate books of account and records of Lessee's business relating to the Premises in
general accordance with GAAP. Lessee's books and records shall at all reasonable times be open for inspection by
Lessor,Lender and their respective auditors or other authorized representatives.
PP 9.3 OFAC Laws and Regulations. Lessee shall immediately notify Lessor in writing if any individual
or entity owning directly or indirectly any interest in any of the Lessee Parties or any director. officer. member,
0 manager or partner of any of such holders is an individual or entity whose property or interests are subject to being
blocked under any of the OFAC Laws and Regulations or is otherwise in violation of any of the OFAC Laws and
Regulations.or is under investigation by any Governmental Authority for,or has been charged with,or convicted of,
drug trafficking,terrorist-related activities or any violation of Anti-Money Laundering Laws.has been assessed civil
• penalties under these or related laws. or has had funds seized or forfeited in an action under these or related laws;
provided, however, the covenant contained in this sentence shall not apply to any Person to the extent that such
10 Person's interest is in or through a U.S.Publicly-Traded Entity.
9.4 Financial Statements. Within 45 days after the end of each fiscal quarter and within 120 days after the
end of each fiscal year of Lessee, Lessee shall deliver to Lessor and Lender(a)complete financial statements of Lessee
III including a balance sheet,profit and loss statement,statement of cash flow and all other related schedules for the fiscal
period then ended;and(b)income statements for the business at the Premises. All such financial statements shall be
PI prepared in general accordance with GAAP from period to period,and shall be certified to be accurate and complete by
Lessee(or the Treasurer or other appropriate officer of Lessee). Lessee understands that Lessor and Lender will rely
upon such financial statements and Lessee represents that such reliance is reasonable. if Lessee's property and business
at the Premises is ordinarily consolidated with other business for financial statement purposes,such financial statements
shall be prepared on a consolidated basis showing separately the sales,profits and losses,assets and liabilities pertaining
to the Premises with the basis for allocation of overhead of other charges being clearly set forth. The financial
statements delivered to Lessor and Lender need not be audited,but Lessee shall deliver to Lessor and Lender copies of
any audited financial statements of Lessee that may be prepared,as soon as they are available. Lessee acknowledges
III and agrees that Lessor may disclose to any prospective purchaser of the Premises the financial statements of Lessee
PIIdelivered to Lessor pursuant to this Section.
9.5. ComplianccCertificate. Within 60 days after the end of each fiscal year of Lessee.at the request
of Lessor. Lessee shall deliver a compliance certificate to Lessor in a form to be provided by Lessor in order to
establish that Lessee is in compliance in all material respects with all of its obligations,duties and covenants under
this Lease.
9.6. Disclosures Regarding Premises and Lessee parties. Lessee authorizes Lessor and its employees,
officers,agents, representatives and designees to (i)discuss the affairs. finances and accounts of Lessee,the other
Lessee Parties or the business operations at the Premises with any prospective purchaser or security interest holder
in the Premises,and(ii)obtain from,and disclose to,any such prospective purchaser or security interest holder any
information regarding Lessee,the other Lessee Parties or the business operations at the Premises.including.without
limitation,financial information about Lessee or the other Lessee Parties or the business operations at the Premises.
Lessee shall, at its sole cost and expense. protect. defend. indemnify, release and hold harmless each of the
Indemnified Parties for, from and against any and all Losses arising as the result of any disclosures of information.
il! financial or otherwise,made by Lessor or Lessor's employees, officers, agents and designees as contemplated by
this Section.
0 9.7 Franchise Agreement.
0 (a) Representations and Warranties. Lessee represents and warrants to Lessor as follows:(i)
00 Lessee shall deliver to Lessor a true, correct and complete copy of the Franchise Agreement and shall
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certify that:(ii)the Franchise Agreement is the only agreement in effect with Franchisor with respect to the
Premises; (iii) the Franchise Agreement is in full force and effect and constitutes the legal, valid and
binding obligation of Lessee. enforceable in accordance with its terms. except as such enforceability may
be limited by applicable bankruptcy. insolvency,liquidation. reorganization and other laws affecting the
rights of creditors generally and general principles of equity;(iv)none of the Lessee Parties has assigned.
transferred. mortgaged, hypothecated or otherwise encumbered the Franchise Agreement or any rights or
ill any interest in the Franchise Agreement;(v)no notice of default from Franchisor has been received under
the Franchise Agreement which has not been cured and no notice of default to Franchisor has been given
under the Franchise Agreement which has not been cured;and(vi)no event has occurred and no condition
exists which, with the giving of notice or the lapse of time or both. would constitute a default under the
Franchise Agreement.
(b) Covenants. Lessee covenants to Lessor throughout the Lease Term as follows:(i)Lessee
shalt maintain the Franchise Agreement in full force and effect; (ii) no event shall occur nor shall any
condition exist which, with the giving of notice or the lapse of time or both, would constitute a breach or
default under the Franchise Agreement; (iii) Lessee shall give prompt notice to Lessor of any claim of
default by or to Lessee under the Franchise Agreement and shall provide Lessor with a copy of any default
notice given or received by Lessee under the Franchise Agreement and any information submlN THIS
TOGETHER,ed or referenced in support of such claim of default; and(iv)Lessee shall also give prompt
notice to Lessor of the expiration or termination of the Franchise Agreement.
(c) Notices. Upon the occurrence and during the continuance of an Event of Default,Lessee
consents to Lessor providing information it obtains to Franchisor and to Lessor obtaining from Franchisor
information which Franchisor receives relating to Lessee's operation of its business on the Premises.
ARTICLE 10
DEFAULT AND REMEDIES
10.1. pefault. Each of the following shall be an event of default under this Lease (each. an "Event of
Default'):
(a) If any representation or warranty of any of the Lessee Parties set forth in this Lease or any of
the Related Agreements is false in any material respect when made,or if any of the Lessee Parties renders any
statement or account to Lessor that is false in any material respect when made:
(b) If any Rent is not paid within five days after the date due; provided, however,
notwithstanding the occurrence of such an Event of Default,Lessor shall not be entitled to exercise its remedies
set forth below unless and until Lessor shall have given Lessee notice of such Event of Default and a period of
five days from the delivery of such notice shall have elapsed without such Event of Default being cured;
(c) If any of the Lessee Parties become insolvent within the meaning of the Code, files or
notifies Lessor that it intends to file a petition under the Code,initiates a proceeding under any similar law or
statute relating to bankruptcy, insolvency,reorganization,winding up or adjustment of debts(collectively. an
"Action'').becomes the subject of either a petition under the Code or an Action,or is not generally paying its
debts as the same become due;
(d) Subject to the provisions of Section 6.1(a),if Lessee vacates or abandons the Premises;
(e) If Lessee fails to maintain insurance in accordance with the requirements of Section 5.2:
(f) If Lessee fails to observe or perform any of the other covenants,conditions,or obligations of
this Lease;provided, however,if any such failure does not involve the payment of any monetary sum, is not
willful or intentional,does not place any rights or property of Lessor in Immediate jeopardy,and is within the
reasonable power of Lessee to promptly cure after receipt of notice of such failure,all as determined by Lessor
in its reasonable discretion,then such failure shall not constitute an Event of Default under this Lease,unless
otherwise expressly provided in this Lease, unless and until Lessor shall have given Lessee notice of such
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failure and a period of 30 days shall have elapsed,during which period Lessee may correct or cure such failure.
1 upon failure of which an Event of Default shall be deemed to have occurred under this Lease without further
' notice or demand of any kind being required. If such failure cannot reasonably be cured within such 30-day
period,as determined by Lessor in its reasonable discretion,and Lessee is diligently pursuing a cure of such
failure,then Lessee shall have a reasonable period to cure such failure beyond such 30-day period,which shall
' in no event exceed 90 days after receiving notice of such failure from Lessor. If Lessee shall fail to correct or
cure such failure within such 90-day period,an Event of Default shall be deemed to have occurred under this
1 Lease without further notice or demand of any kind being required;
(g) If there is a breach or default. after the passage of all applicable notice and cure or grace
periods.under any of die Related Agreements;or
(h) If a final,nonappealable judgment is rendered by a court against Lessee which has a Material
Adverse Effect and is not discharged or provision made for such discharge within 60 days from the date of
' entry of such judgment.
' 10.2 Remedies. Upon the occurrence of an Event of Default,with or without notice or demand.except the
notice prior to default required under certain circumstances by this Lease or such other notice as may be required by
statute and cannot be waived by Lessee(all other notices being waived).Lessor shall be entitled to exercise.at its option,
0 but with no obligation to do so.concurrently.successively,or in any combination, all remedies available at law or in
equity. including without limitation. self-help remedies, the right to seek and obtain injunctive relief or specific
performance,and any one or more of the following:
1 (a) Termination. Lessor may terminate this Lease without any right of Lessee to reinstate
Lessee's rights by payment of any rentals due under this Lease,including Base Annual Rent and Additional
Rent. or other performance of the terms and conditions of this Lease, whereupon Lessee's right to
possession of the Premises shall cease(and Lessee shall immediately surrender possession of the Premises
r to Lessor)and this Lease.except as to Lessee's liability.shall be terminated. Lessee expressly waives any
and all rights of redemption granted by or under present or future law in the event this Lease is terminated
or Lessee is evicted or dispossessed by reason of any breach by Lessee of any provisions of this Lease.
Upon any termination of this Lease.Lessor may recover from Lessee the following:
' (i) The worth at the time of award of all unpaid Rent that had been earned at the
' time of termination;
(ii) The worth at the time of award of the amount by which the unpaid Rent which
would have been earned after termination until the time of award exceeds the amount of such
rental loss that Lessee proves could be reasonably avoided;
' (iii) The worth at the time of award of the amount by which the unpaid Rent for the
1 balance of the Lease Term after the time of award exceeds the amount of such rental loss that
Lessee proves could be reasonably avoided;and
) (iv) Any other amount reasonably necessary to compensate Lessor for all the
detriment proximately caused by Lessee's failure to perform its obligations under this Lease.
The"worth at the time of the award" of the amounts referred to in subsections (I) and (ii) above will be
computed by allowing interest at the rate of Default Rate, The"worth at the time of the award"of the amount
referred to in subsection(ill)above will be computed by discounting such amount at an appropriate Discount
Rate.
(b) Re-Enter grand Retake P ession. Lessor may reenter in accordance with applicable law and
take possession of the Premises, any or all Personal Property and, to the extent permissible, all permits.
certificates of occupancy.licenses and authorizations issued by any Governmental Authority with respect to the
buildings. fixtures and improvements comprising the Premises and other rights or privileges of Lessee
pertaining to the use and operation of the Premises and to expel Lessee and those claiming under or through
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Lessee, without being deemed guilty in any manner of trespass or becoming liable for any loss or damage
resulting from such actions,without resort to legal or judicial process,procedure or action. No such re-entry
and retaking of possession shall be construed as an election by Lessor to terminate this Lease as provided in
Section 10.2(a)unless a notice of such termination is given to Lessee. No notice from Lessor under this Lease
or under a forcible entry and detainer statute or similar law shall constitute an election by Lessor to terminate
this Lease unless such notice specifically so states. if Lessee shall,after the occurrence of an Event of Default,
voluntarily give up possession of the Premises to Lessor. deliver to Lessor or its agents the keys to the
Premises.or both.such actions shall be deemed to be in compliance with Lessor's rights and the acceptance of
the Premises or the keys to the Premises by Lessor or its agents shall not be deemed to constitute a termination
of this Lease. Lessor reserves the right following any reentry or reletting to exercise its right to terminate this
Lease by giving Lessee written notice of such termination.in which event this Lease will terminate as specified
in said notice.
(c) Disposition of Personal Property. Lessor may seize all Personal Property,and to dispose of
the Personal Property in accordance with the laws prevailing at the time and place of such seizure or to remove
all or any portion of such property and cause the same to be stored in a public warehouse or elsewhere at
Lessee's sole expense,without becoming liable for any loss or damage resulting from such actions and without
resorting to legal or judicial process,procedure or action.
(d) Action for Damages. Lessor may bring an action against Lessee for any damages sustained
by Lessor or any equitable relief available to Lessor.
(e) alerting. Lessor may relet the Premises or any part of the Premises for such term or terms
(including a term which extends beyond the original Lease Term),at such rentals and upon such other terms as
Lessor,in its sole discretion,may determine,with all proceeds received from such reletting being applied to the
Rent due from Lessee in such order as Lessor.may,in it sole discretion,determine,which other sums include.
without limitation, all repossession costs, brokerage commissions, reasonable attorneys' fees and expenses,
employee expenses. alteration. remodeling and repair costs and expenses of preparing for such resetting.
Except to the extent required by applicable law,Lessor shall have no obligation to relet the Premises or any part
of the Premises and shall in no event be liable for refusal or failure to relet the Premises or any part of the
Premises.or,in the event of any such reletting.for refusal or failure to collect any rent due upon such reletting,
and no such refusal or failure shall operate to relieve Lessee of any liability under this Lease or otherwise to
affect any such liability. Lessor reserves the right following any such reentry or reletting to exercise its right to
terminate this Lease by giving Lessee written notice of such termination, in which event this Lease will
terminate as specified in said notice.
(f) Correcting Lessee's Breach. Lessor may immediately or at any time after the occurrence of
such Event of Default,and with or without notice,at Lessor's sole option but without any obligation to do so,
correct such breach or default and charge Lessee all costs and expenses incurred by Lessor in connection with
such breach or default. Any sum or sums so paid by Lessor,together with interest at the Default Rate,shall be
deemed to be Additional Rent under this Lease and shall be immediately due from Lessee to Lessor. Any such
acts by Lessor in correcting Lessee's breaches or defaults under this Lease shall not be deemed to cure said
breaches or defaults or constitute any waiver of Lessor's right to exercise any or all remedies set forth in this
Lease.
(g) Set-Off. Lessor may immediately or at any time after the occurrence of such Event of
Default,and with or without notice. except as required in this Lease, set off any money of Lessee held by
Lessor under this Lease against any sum owing by any of the Lessee Parties.
10.3 Lessee Waiver. No Custom: Cumulative Powers and Remedies. Lessee expressly waives any
right of defense that Lessee may have based on any purported merger of any cause of action, and neither the
commencement of any action or proceeding nor the settlement or entering of judgment with respect to any action or
proceeding shall bar Lessor from bringing subsequent actions or proceedings from time to time. Any law,usage or
custom to the contrary notwithstanding,Lessor shall have the right at all times to enforce all terms,conditions and
covenants of this Lease in strict accordance with this Lease,notwithstanding any conduct or custom on the part of
Lessor in refraining from so doing at any time or times. Further.the failure of Lessor at any time or times to enforce
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its rights under this Lease strictly in accordance with the same shall not be construed as having created a custom in
any way or manner contrary to any specific term,condition or covenant of this Lease,or as having in any way or
manner modified the same. All powers and remedies given by this Article 10 to Lessor,subject to applicable law,shall
be cumulative and not exclusive of one another or of any other right or remedy or of any other powers and remedies
available to Lessor under this Lease or the Related Agreements,by judicial proceedings or otherwise, to enforce the
,
performance or observance of the covenants and agreements of Lessee contained in this Lease,and no delay or omission
i
of Lessor to exercise any right or power accruing upon the occurrence of any Event of Default shall impair any other or
subsequent Event of Default or impair any rights or remedies with respect to any Event of Default. Every power and
remedy given by this Section or by law to Lessor may be exercised from time to time. and as often as may be deemed
expedient,by Lessor,subject at all times to Lessor's right in its sole judgment to discontinue any work commenced by
i. Lessor or change any course of action undertaken by Lessor.
10.4 Lessor's Liability. Notwithstanding anything to the contrary provided in this Lease, it is
specifically understood and agreed.such agreement being a primary consideration for the execution of this Lease by
Lessor,that(a)there shall be absolutely no personal liability on the part of Lessor,its successors or assigns and the
trustees. members,partners.shareholders,officers,directors,employees and agents of Lessor and its successors or
i assigns, to Lessee with respect to any of the terms, covenants and conditions of this Lease, (b)Lessee waives all
claims, demands and causes of action against the trustees, members, partners, shareholders, officers. directors,
employees and agents of Lessor and its successors or assigns in the event of any breach by Lessor of any of the
terms, covenants and conditions of this Lease to be performed by Lessor. and (c)Lessee shall look solely to the
Premises for the satisfaction of each and every remedy of Lessee in the event of any breach by Lessor of any of the
terms,covenants and conditions of this Lease to be performed by Lessor,or any other matter in connection with this
Lease or the Premises.such exculpation of liability to be absolute and without any exception whatsoever.
10.5 Rankruptcv Provisions.
(a) Lessor's Reliance. As a material inducement to Lessor executing this Lease, Lessee
acknowledges and agrees that Lessor is relying upon (I)the financial condition and specific operating
experience of Lessee and Lessee's obligation to use the Premises specifically in accordance with system-wide
requirements imposed from time to time on the Permitted Concept;(ii)Lessee's timely performance of all of its
obligations under this Lease notwithstanding the entry of an order for relief under the Code for Lessee;and
(iii)all defaults under this Lease being cured promptly and this Lease being assumed within 60 days of any
order for relief entered under the Code for Lessee.or this Lease being rejected within such 60 day period and
the Premises surrendered to Lessor. Accordingly, in consideration of the mutual covenants contained in this
Lease and for other good and valuable consideration,Lessee agrees that:
(i) All obligations that accrue or become due under this Lease (including the
obligation to pay rent), from and after the date that an Action is commenced shall be timely
performed exactly as provided in this Lease and any failure to so perform shall be harmful and
prejudicial to Lessor.
(ii) Any and all obligations under this Lease that accrue or become due from and
after the date that an Action is commenced and that are not paid as required by this Lease shall. in
the amount of such rents.constitute administrative expense claims allowable under the Code with
priority of payment at least equal to that of any other actual and necessary expenses incurred after
the commencement of the Action;
(iii) Any extension of the time period within which Lessee may assume or reject this
i Lease without an obligation to cause all obligations accruing or coming due under this Lease from
1 and after the date that an Action is commenced to be performed as and when required under this
Lease shall be harmful and prejudicial to Lessor:
1
1 (iv) Any time period designated as the period within which Lessee must cure all
defaults and compensate Lessor for all pecuniary losses that extend beyond the date of assumption
1 of this Lease shall be harmful and prejudicial to Lessor;
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(v) Any assignment of this Lease must result in all terms and conditions of this
Lease being assumed by the assignee without alteration or amendment,and any assignment which
results in an amendment or alteration of the terms and conditions of this Lease without the express
written consent of Lessor shall be harmful and prejudicial to Lessor;
(vi) Any proposed assignment of this Lease to an assignee:(A)that will not use the
Premises specifically as a Permitted Concept, (B) that does not possess financial condition,
operating performance and experience characteristics equal to or better than the financial
condition, operating performance and experience of Lessee as of the Effective Date, or(C)that
does not provide guarantors of this Lease obligations with financial condition equal to or better
than the financial condition of the original guarantors of this Lease as of the Effective Date,if any,
shall be harmful and prejudicial to Lessor:and
(vii) The rejection (or deemed rejection) of this Lease for any reason whatsoever
shall constitute cause for immediate relief from the automatic stay provisions of the Code. and
Lessee stipulates that such automatic stay shall be lifted immediately and possession of the
Premises will be delivered to Lessor immediately without the necessity of any further action by
Lessor.
(b) No WaiveLby Lessor. No provision of this Lease shall be deemed a waiver of Lessor's
rights or remedies under the Code or applicable law to oppose any assumption or assignment of this Lease,
to require timely performance of Lessee's obligations under this Lease, or to regain possession of the
Premises as a result of the failure of Lessee to comply with the terms and conditions of this Lease or the
Code.
(c) Jtent under the Code. Notwithstanding anything in this Lease to the contrary, all amounts
payable by Lessee to or on behalf of Lessor under this Lease.whether or not expressly denominated as such,
shall constitute"rent"for the purposes of the Code.
(d) Lessee's Successors in Bankruptcy. For purposes of this Section addressing the rights and
obligations of Lessor and Lessee in the event that an Action is commenced, the term"Lessee'shall include
Lessee's successor in bankruptcy,whether a trustee,Lessee as debtor in possession or other responsible person.
10.6 franchisor Rights.
(a) Lessor may send a copy of any notice of default given to Lessee under this Lease simultaneously
to Franchisor at the last address for Franchisor furnished to Lessor by Franchisor in writing: provided. that the
failure to send such notice shall not limit Lessee's default or Lessor's remedies with respect to such default, or
make Lessor liable for any damages. If Franchisor has received timely notice of such default,(provided,that the
failure to send such notice shall not limit Lessee's default or Lessor's remedies with respect to such default or
impose any liability upon Lessor therefor), Lessor agrees and consents to the curing of any default of Lessee
.1 hereunder by Franchisor,provided that such cure is made by Franchisor within the time set forth in Section 10.1 for
Lessee's cure(provided.that Franchisor shall have an additional fifteen (15)days to cure a default under Section
10.1(b),so long as Franchisor notifies Lessor within the cure periods set forth in such Section that Franchisor will
cure such defaults). If Franchisor elects to cure any Lessee default hereunder,Franchisor shall give notice to that
effect to Lessor and Lessee simultaneously with such cure.
Sj
ARTICLE 11
MORTGAGES
11.1 No jaw. Lessor's interest in this Lease or the Premises shall not be subordinate to any
encumbrances placed upon the Premises by or resulting from any act of Lessee.and nothing in this Lease contained shall
be construed to require such subordination by Lessor. EXCEPT AS OTHERWISE CONSENTED TO BY LESSOR
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PURSUANT TO SECTION 13.2. NOTICE IS GIVEN THAT LESSEE IS NOT AUTHORIZED TO PLACE OR
ALLOW TO BE PLACED ANY LIEN, MORTGAGE. DEED OF TRUST OR ENCUMBRANCE OF ANY KIND
UPON ALL OR ANY PART OF LESSEES LEASEHOLD INTEREST IN THE PREMISES, AND ANY SUCH
PURPORTED TRANSACTION SHALL BE VOID. FURTHERMORE. ANY SUCH PURPORTED
TRANSACTION SHALL BE DEEMED A TORTIOUS INTERFERENCE WITH LESSOR'S RELATIONSHIP
WITH LESSEE AND LESSOR'S FEE OWNERSHIP OF THE PREMISES.
11.2 subordinate. This Lease at all times shall automatically be subordinate to the lien of any and all
Mortgages now or after the Effective Date placed upon the Premises by Lessor,and Lessee covenants and agrees to
execute and deliver. upon demand. such further instruments subordinating this Lease to the lien of any or all such
Mortgages as shall be desired by Lessor,or any present or proposed mortgagees or trustees under trust deeds,upon the
condition that Lessee shall have the right to remain in possession of the Premises under the terms of this Lease,
notwithstanding any default in any or all such Mortgages,or after foreclosure of any such Mortgages, so long as no
Event of Default shall have occurred and be continuing, So long as no Event of Default shall have occurred and be
continuing under this Lease, r Lessee's rights arising out of this Lease shall not be affected or disturbed
g (') &h g by a
mortgagee or trustee in the exercise of any rights which they may have under any Mortgage.and(ii)Lessee shall not be
deprived of its rights under this Lease. The terms of this Section shall be self-operative and binding on(i)successors to
Lessor under this Lease, including a successor through foreclosure or as a result of the delivery of a deed in lieu of
foreclosure.and(ii)all Lenders now or hereafter holding Mortgages.
113 Election to Declare Lease Superior. If any mortgagee,trustee,receiver or other secured party elects to
have this Lease and the interest of Lessee under this Lease be superior to any Mortgage and evidences such election by
notice given to Lessee. then this Lease and the interest of Lessee under this Lease shall be deemed superior to such
Mortgage,whether this Lease was executed before or after such Mortgage and in that event such mortgagee, trustee,
receiver or other secured party shall have the same rights with respect to this Lease as if it had been executed and
delivered prior to the execution and delivery of such Mortgage and has been assigned to such mortgagee,trustee or other
secured party.
I I.4 Attorn. atn. In the event any purchaser or assignee of any Lender at a judicial or nonjudicial
foreclosure sale acquires title to the Premise& or in the event any Lender or any purchaser or assignee otherwise
fN succeeds to the rights of Lessor as landlord under this Lease,Lessee shall attorn to such Lender or such purchaser or
assignee,as the case may be(a"Successor Lessor"),and recognize the Successor Lessor as lessor under this Lease,
and subject to the provisions of this Section. this Lease shall continue in MI force and effect as a direct lease
between the Successor Lessor and Lessee,provided that the Successor Lessor shall only be liable for any obligations
of the lessor under this Lease which accrue after the date that such Successor Lessor acquires title. The foregoing
provision shall be self operative and effective without the execution of any further instruments.
11.5 Execution p[gdc(itlopal!moments.Although the foregoing provisions shall be self-operative and no
future instrument of subordination shall be required,upon request by Lessor.Lessee shall execute and deliver whatever
instruments may be reasonably required for such purposes.
11.6 Notice to Lender.Lessee shall give written notice to any Lender having a recorded lien upon any
of the Premises or any part of the Premises which Lessee has been notified of any breach or default by Lessor of any
of its obligations under this Lease simultaneously with the giving of such notice to Lessor. and Lessee shall give
such Lender at least 60 days beyond any notice period to which Lessor might be entitled to cure such default before
Lessee may exercise any remedy with respect to such default.
ARTICLE 12
ESTOPPEL CERTIFICATES
12.1. Lessee Estoppel certificate. At any time and from time to time Lessee shall,promptly and in no
event later than IS days after a request from Lessor or Lender, execute, acknowledge and deliver to Lessor or
Lender a certificate in the form supplied by Lessor, Lender or any present or proposed mortgagee or purchaser
designated by Lessor,certifying:(a)that Lessee has accepted the Premises(or,if Lessee has not done so,that Lessee
has not accepted the Premises,and specifying the reasons for not accepting the Premises): (b)that this Lease is in
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full force and effect and has not been modified(or if modified.setting forth all modifications),or.if this Lease is not
in full force and effect,the certificate shall so specify the reasons why this Lease is not in firll force and effect;(c)
. the commencement and expiration dates of the Lease Term,including the terms of any extension options of Lessee;
(d)the date to which the rentals have been paid under this Lease and the amount then payable:(e)whether there are
. then any existing defaults by Lessor in the performance of its obligations under this Lease,and.if there are any such
defaults, specifying the nature and extent of such defaults; (f) that no notice has been received by Lessee of any
default under this Lease which has not been cured,except as to defaults specified in the certificate,and that Lessee
. is in compliance in all material respect with all of its obligations under this Lease; (g)the capacity of the person
executing such certificate.and that such person is duly authorized to execute the same on behalf of Lessee:(h)that
neither Lessor nor Lender has actual involvement in the management or control of decision making related to the
operational aspects or the day-to-day operations of the Premises:and(i)any other information reasonably requested
ID by Lessor.Lender or such present or proposed mortgagee or purchaser.
12.2 Lessor Estoppel Certificate. At any time.and from time to time.Lessor shall,promptly and in no
event later than 15 days after a request from Lessee,execute,acknowledge and deliver to Lessee a certificate in the
. form supplied by Lessee certifying: (a) that this Lease is in full force and effect and has not been modified (or if
modified. setting forth all modifications). or, if this Lease is not in full force and effect, the certificate shall so
specify the reasons why this Lease is not in full force and effect:(b)the commencement and expiration dates of the
Lease Term,including the terms of any extension options of Lessee:(c)the date to which the rentals have been paid
under this Lease and the amount then payable;(d)whether Lessor has any actual knowledge of any existing defaults
by Lessee in the performance of its obligations under this Lease,and, if there are any such defaults,specifying the
nature and extent of such defaults;(e)that no notice has been given to Lessee of any default under this Lease which
has not been cured,except as to defaults specified in the certificate; (f)the capacity of the person executing such
certificate, and that such person is duly authorized to execute the same on behalf of Lessor; and (g) any other
information reasonably requested by Lessee.
ARTICLE 13
ASSIGNMENTS AND SUBLEASES
13.1 Assigtunen by Lessor. Lessor shall have the right to sell or convey the Premises subject to this Lease
or to assign its right,title and interest as Lessor under this Lease in whole or in part. In the event of any such sale or
' assignment other than a security assignment, Lessee shall attom to such purchaser or assignee and Lessor shall be
relieved, from and after the date of such transfer or conveyance, of liability for the performance of any obligation of
Lessor contained in this Lease.except for obligations or liabilities accrued prior to such assignment or sale.
13.2 :_ u x. • _ "it', • _ _i _, �_t t •._,A (a) Lessee acknowledges that Lessor has
' relied both on the business experience and creditworthiness of Lessee and upon the particular purposes for which Lessee
intends to use the Premises in entering into this Lease, Without the prior written consent of Lessor, which consent
shall not be unreasonably withheld: (i) Lessee shall not assign,transfer,convey, pledge or mortgage this Lease or
any interest in this Lease,whether by operation of law or otherwise;(ii)no Change of Control shall occur;(iii)no
interest in any of the Lessee Parties shall be pledged, encumbered, hypothecated or assigned as collateral for any
obligation of any of the Lessee Parties,and(iv)Lessee shall not sublet all or any part of the Premises(each of items
(I)through(Iv)are referred to in this Lease as a"Prohibited Transaction"). in addition,no interest in any of the
Lessee Parties.or in any individual or person owning directly or indirectly any interest in any of the Lessee Parties,
shall be transferred. assigned or conveyed to any individual or person whose property or interests are subject to
being blocked under any of the OFAC Laws and Regulations or who is in violation at'any of the OFAC Laws and
1 Regulations,and any such transfer.assignment or conveyance shall not be effective until the transferee has provided
written certification to Lessor that(x)the transferee or any person who owns directly or indirectly any interest in
transferee, is not an individual or entity whose property or interests are subject to being blocked under any of the
OFAC Laws and Regulations or is otherwise in violation of the OFAC Laws and Regulations,and(y)the transferee
/ has taken reasonable measures to assure than any individual or entity who owns directly or indirectly any interest in
transferee, is not an individual or entity whose property or interests are subject to being blocked under any of the
OFAC Laws and Regulations or is otherwise in violation of the OFAC Laws and Regulations;provided, however,
the covenant contained in this sentence shall not apply to any Person to the extent that such Person's interest is in or
through a U.S.Publicly Traded Entity.
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(b) Prior to the assignment of this Lease to Assignee in accordance with the terms and conditions of
S Section 13.6, Lessee shall not have or incur any indebtedness. whether secured or unsecured, other than trade
• payables incurred in the ordinary course of business,nor grant any liens or encumbrances on the assets of Lessee.
• 13.3 Lessor's Consent. Lessor's consent to a Prohibited Transaction shall be subject to the satisfaction
of such conditions as Lessor shall determine in its reasonable discretion. including, without limitation, (a) Lessee
having executed and delivered such modifications to the terms of this Lease as Lessor shall reasonably request. (b)
the proposed transferee,as applicable.having assumed this Lease,(c)payment to Lessor of any rentals owing under
• a sublease which are in excess of any rentals owing under this Lease, and (d) the proposed transferee having
satisfactory creditworthiness and satisfactory experience operating a Permitted Concept. In addition, any such
consent shall be conditioned upon the payment by Lessee to Lessor of(x) a fee equal to one percent (I%) of
Lessor's Total Investment,and(y)all out-of-pocket costs and expenses incurred by Lessor in connection with such
S consent, including,without limitation. reasonable attorneys'fees;provided, however,the aggregate fee payable by
• Lessee and the lessees)under any Related Lease(s)as a result of any request made by Lessee and such lessees)at
the same time for the consent of Lessor to a Prohibited Transaction(as defined in Section 13.2 and in such Related
• Lease(s))shall not exceed S 100,000.
• 13.4 Applicability. The provisions of this Article 13 shall apply to every Prohibited Transaction
S regardless of whether voluntary or not, or whether or not Lessor has consented to any previous Prohibited
Transaction. Except as otherwise contemplated by Section 10.6(c). Section 13.2(2) and Section 13.6. no
assignment of this Lease or subletting of the Premises shall relieve Lessee of its obligations under this Lease. Any
• Prohibited Transaction in violation of this Article 13 shall be voidable at the sole option of Lessor.
S
• 13.6 Assienment. [Deleted.).
S
S ARTICLE 14
• MEMORANDUM OF LEASE
14.1 Memorandum of Lease. Concurrently with the execution of this Lease, Lessor and Lessee are
• executing a memorandum or short form of this Lease to be recorded in the applicable real property records with
respect to the Premises. Further, upon Lessor's request. Lessee agrees to execute and acknowledge a termination of
. lease or quit claim deed in recordable form to be held by Lessor in trust until the expiration or sooner termination of the
• Lease Term.
• ARTICLE 15
GENERAL PROVISIONS
13.1 Force Majeure. Any prevention. delay or stoppage due to strikes, lockouts,acts of God,enemy or
hostile governmental action,civil commotion,Pyre or other casualty beyond the control of the party obligated to perform
shall excuse the performance by such party for a period equal to any such prevention, delay or stoppage, except the
ID obligations imposed with regard to Rent to be paid by Lessee pursuant to this Lease and any indemnification obligations
imposed upon Lessee under this Lease.
15.2 Administrative Processing and Review. If Lessee makes any request upon Lessor requiring Lessor
or the attorneys of Lessor to (a) review or prepare (or cause to be reviewed or prepared) any documents, plans.
R specifications or other submissions in connection with or arising out of this Lease, (b) consent to any request of
Lessee,or(c)waive or amend any provision of this Lease,then Lessee shall(I)reimburse Lessor upon demand for
all reasonable our-of-pocket costs and expenses incurred by Lessor in connection with such review or preparation.
including, without limitation, reasonable attorneys' fees. and(ii)subject to Section 13.3,pay Lessor a reasonable
processing and review fee.
10 10 15.3 Notices. All notices.consents,approvals or other instruments required or permitted to be given by
either party pursuant to this Lease shall be in writing and given by (a)hand delivery, (b)facsimile, (c)express
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ill overnight delivery service or(d)certified or registered mail, return receipt requested, and shall be deemed to have
O been delivered upon(w)receipt, if hand delivered,(x)transmission, if delivered by facsimile, (y)the next Business
Day,if delivered by express overnight delivery service,or(z)the third Business Day following the day of deposit of
such notice with the United States Postal Service, if sent by certified or registered mail, return receipt requested.
OD Notices shall be provided to the parties and addresses (or facsimile numbers. as applicable)specified in the Basic
Lease Information above. or to such other address or such other person as either party may from time to time after
• the Effective Date specify to the other party in a notice delivered in the manner provided above.
• 15.4 Time of Essence:Time Period,. Time is of the essence of this Lease. The time for performance of
• any obligation or taking any action under this Lease shall be deemed to expire at 5:00 P.M. Phoenix. Arizona time
a on the last day of the applicable time period provided for in this Lease. If the time for the performance of any
obligation or taking any action under this Lease expires on a day other than a Business Day, the time for
• performance or taking such action shall be extended to the next succeeding Business Day.
• 15.5 Consent of Lessor. Unless specified otherwise in this Lease, Lessor's consent to any request of
• Lessee may be conditioned or withheld in Lessor's sole discretion. Lessor shall have no liability for damages resulting
from Lessor's failure to give any consent,approval or instruction reserved to Lessor.Lessee's sole remedy in any such
• event being an action for injunctive relief. It is understood and agreed that to the extent Lessor is required to obtain
• the consent,approval,agreement or waiver of Lender with respect to a matter for which Lessor's approval has been
requested under this Lease, Lessor shall in no event be deemed to have unreasonably withheld such approval if
• Lender shall not have given its consent,approval.agreement or waiver if required.
• 15.6 Waiver and Amendmegt. No provision of this Lease shall be deemed waived or amended except by a
• written instrument unambiguously setting forth the matter waived or amended and signed by the party against which
. enforcement of such waiver or amendment is sought. Waiver of any matter shall not be deemed a waiver of the same or
any other matter on any future occasion. No acceptance by Lessor of an amount less than the Base Monthly Rent and
OD Additional Rent stipulated to be due under this Lease shall be deemed to be other than a payment on account of the
earliest such Base Monthly Rent or Additional Rent then due or in arrears nor shall any endorsement or statement on any
check or letter accompanying any such payment be deemed a waiver of Lessor's right to collect any unpaid amounts or
• an accord and satisfaction.
OD 15.7 Successors Bound. Except as otherwise specifically provided in this Lease.the terms,covenants and
• conditions contained in this Lease shall bind and inure to the benefit of the respective heirs. successors. executors,
administrators and assigns of each of the parties to this Lease.
OD 15.8 isle Merger. The voluntary or other surrender of this Lease by Lessee,or a mutual cancellation of this
Lease,shall not result in a merger of Lessor's and Lessee's estates,and shall,at the option of Lessor,either terminate any
• or all existing subleases or subtenancies, or operate as an assignment to Lessor of any or all of such subleases or
Op subtenancies.
1. 15.9 Interpretive Provisions. Unless the context of this Lease clearly requires otherwise or unless
otherwise expressly stated in this Lease,this Lease shall be construed in accordance with the following:
(a) Use of Certain Words. References to the plural include the singular and to the singular
include the plural and references to any gender include any other gender. The part includes the whole: the
terms"include"and"including"are not limiting:and the term"or"has,except where otherwise indicated,
the inclusive meaning represented by the phrase `and/or." The words "hereof." "herein," "hereby,"
'•hereunder." and similar terms in this Lease refer to this Lease as a whole and not to any particular
provision of this Lease.
(b) References. References in this Lease to"Sections.""Exhibits."or"Schedules"are to the
Sections of this Lease and the Exhibits and Schedules to this Lease. Any reference to this Lease includes
any and all amendments,extensions. modifications,renewals,or supplements to this Lease. The headings
of this Lease are for purposes of reference only and shall not limit or define the meaning of any provision
of this Lease.
113
(c) Construing the Lease. Each of the parties to this Lease acknowledges that such party has
had the benefit of independent counsel with regard to this Lease and that this Lease has been prepared as a
result of the joint efforts of all parties and their respective counsel Accordingly. all parties agree that the
provisions of this Lease shall not be construed or interpreted for or against any party to this Lease based
upon authorship or any other factor but shall be construed and interpreted according to the ordinary
meaning of the words used so as to fairly accomplish the purposes and intentions of all parties to this
Lease.
(d) Partial Invalidity. if any portion of this Lease is determined to be unconstitutional,
unenforceable or invalid, such portion of this Lease shall be stricken from and construed for all purposes
not to constitute a part of this Lease,and the remaining portion of this Lease shall remain in MI force and
effect and shall,for all purposes,constitute the entire Lease.
15.10 Characterization. It is the intent of the parties to this Lease that the business relationship created by
this Lease and any related documents is solely that of a longterm commercial lease between landlord and tenant and
has been entered into by both parties in reliance upon the economic and legal bargains contained in this Lease.
None of the agreements contained In this Lease, is intended,nor shall the same be deemed or construed,to create a
partnership between Lessor and Lessee.to make them joint venturers,to make Lessee an agent, legal representative,
partner.subsidiary or employee of Lessor. nor to make Lessor in any way responsible for the debts,obligations or
losses of Lessee.
15.11 No Offee No contractual or other rights shall exist between Lessor and Lessee with respect to the
Premises until both have executed and delivered this Lease.notwithstanding that deposits may have been received by
Lessor and notwithstanding that Lessor may have delivered to Lessee an unexecuted copy of this Lease. The submission
of this Lease to Lessee shall be for examination purposes only.and does not and shall not constitute a reservation of or
an option for Lessee to lease or otherwise create any interest on the part of Lessee in the Premises.
15.12 Other Documents. Each of the parties agrees to do.execute,acknowledge and deliver or cause to
be done, executed, acknowledged and delivered all such further acts, documents and assurances as may be
reasonably required or deemed advisable to carry into effect the purposes of this Lease, to perfect any lien or
security interest granted In this Lease and for the better assuring and confirming of all of Lessor's rights,powers and
remedies under this Lease.
15.13 Attorneys' Fees. In the event of any judicial or other adversarial proceeding between the parties
concerning this Lease,to the extent permitted by law,the prevailing party shall be entitled to recover all of its reasonable
attorneys' fees and other costs in addition to any other relief to which it may be entitled. In addition.Lessor shall,upon
demand, be entitled to all attorneys' fees and all other costs incurred in the preparation and service of any notice or
demand under this Lease,whether or not a legal action is subsequently commenced.
15.14 Entity Lease. This Lease, including all exhibits and schedules attached to this Lease, constitutes
the entire Lease between the parties pertaining to the subject matter contained in this Lease. All prior and
contemporaneous leases, representations and understandings of the parties, oral or written,are superseded by and
merged in this Lease.
15.15 Forutn Se(tc iop; !ufisdiction:Vequel choice of Law. Lessee acknowledges that this Lease was
substantially negotiated in the State of Florida and all payments under this Lease will be delivered in Palm Beach
County in the State of Florida. For purposes of any action or proceeding arising out of this Lease,the parties to this
Lease expressly submit to the jurisdiction of state court located in Palm Beach County,Florida.
15.16 Counteroarts. This Lease may be executed in one or more counterparts, each of which shall be
deemed an original.
15.17 joint ant Severe) Liability. If Lessee consists of more than one individual or entity. each such
individual or entity shall be jointly and severally liable for all obligations of Lessee under this Lease.
114
p
15.18 No $rgkgrage. lessor and Lessee represent and warrant to each other that they have had no
conversation or negotiations with any broker concerning the leasing of the Premises. Each of Lessor and Lessee agrees
to protect,indemnify,save and keep harmless the other,for,from and against any and all liabilities,claims,losses,costs,
damages and expenses. including attorneys' fees,arising out of,resulting from or in connection with their breach of the
foregoing warranty and representation.
r 15.19 Waiver of Jury Trial and Punitive•Consequeptial,Serial and Indirect Damages. LESSOR AND
LESSEE KNOWINGLY. VOLUNTARILY AND INTENTIONALLY WAIVE THE RIGHT EITHER MAY
HAVE TO A TRIAL BY JURY WITH RESPECT TO ANY AND ALL ISSUES PRESENTED IN ANY ACTION,
PROCEEDING,CLAIM OR COUNTERCLAIM BROUGHT BY EITHER OF THE PARTIES TO THIS LEASE
r AGAINST THE OTHER OR ITS SUCCESSORS WITH RESPECT TO ANY MATTER ARISING OUT OF OR
IN CONNECTION WITH THIS LEASE, THE RELATIONSHIP OF LESSOR AND LESSEE, LESSEE'S USE
OR OCCUPANCY OF ANY OF THE PREMISES, OR ANY CLAIM FOR INJURY OR DAMAGE, OR ANY
EMERGENCY OR STATUTORY REMEDY. THIS WAIVER BY THE PARTIES TO THIS LEASE OF ANY
RIGHT EITHER MAY HAVE TO A TRIAL BY JURY HAS BEEN NEGOTIATED AND IS AN ESSENTIAL
ASPECT OF THEIR BARGAIN. FURTHERMORE. LESSEE AND LESSOR KNOWINGLY. VOLUNTARILY
' AND INTENTIONALLY WAIVE THE RIGHT EITHER MAY HAVE TO SEEK PUNITIVE,
CONSEQUENTIAL, SPECIAL AND INDIRECT DAMAGES FROM THE OTHER AND ANY OF THE
0 OTHER'S AFFILIATES. OFFICERS, DIRECTORS OR EMPLOYEES OR ANY OF THEIR SUCCESSORS
WITH RESPECT TO ANY AND ALL ISSUES PRESENTED IN ANY ACTION, PROCEEDING. CLAIM OR
COUNTERCLAIM BROUGHT BY EITHER PARTY AGAINST THE OTHER OR ANY OF THE OTHER'S
AFFILIATES. OFFICERS. DIRECTORS OR EMPLOYEES OR ANY OF THEIR SUCCESSORS WITH
RESPECT TO ANY MATTER ARISING OUT OF OR IN CONNECTION WITH THIS LEASE OR ANY
r DOCUMENT CONTEMPLATED IN THIS LEASE OR RELATED TO THIS LEASE. THE WAIVER BY
LESSEE AND LESSOR OF ANY RIGHT THEY MAY HAVE TO SEEK PUNITIVE, CONSEQUENTIAL,
SPECIAL AND INDIRECT DAMAGES HAS BEEN NEGOTIATED BY THE PARTIES TO THIS LEASE AND
IS AN ESSENTIAL ASPECT OF THEIR BARGAIN.
r
15.20 Radon. Pursuant to Florida Statute 404.056(8), Lessee is hereby notified as follows:
1 Radon is a naturally occurring radioactive gas that. when it has accumulated in a building in sufficient
quantities,may present health risks to persons who are exposed to it over time.Levels of radon that exceed
federal and state guidelines have been found in buildings in Florida. Additional information regarding
radon and radon testing may be obtained from your county health unit.
/REMAINDER OF PAGE INTENTIONALLY LEFT BLANK;
SIGNATURES FOLLOW ON NEXT PAGE)
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PPEXECUTED as of the date written on the first page ofthis Lease.
• LESSOR:
• "-1 : :b IN THIS TOGETHER 1, LLC,a Florida limited iiabiiity
i company
�
J
O A . i-^ 1%.1-�b- { `0r.l By Allt...
• 4 of a f.., toss gory•Geer r
-may�•.:,' �s.r. S:_ r. � � �$�� r
III l,;#ra / 4
IP r- trP/ -
1110 •Printed/typed name of above witness
• LESSEE.- _
ID it. i .i, GATOR APPLE I. LLC a Florida limited liability
• 'N F. . 4 .-. ..- zi►-i SY
• Prittteditlt, $ . of..»ve wittte Gregory Oeor•� .
tanager r
ID ,iri ;ea' 1
• - ,c9aveley r Printed/typed name of above witness
STATE OF FLORIDA )
ID )SS.
• COUNTY OF PALM BEACH )
• The foregoing instrument was acknowledged before me this„ day oto L-T et.%a 4�, . 2011. by Gregory
Georges. Manager of IN THIS TOGETHER. I, LLC. a Florida limited liability company, on behalf or said
• company. He is personally known m me or has produced .eJ*tur.) T tt € • as identification.
I) irriCS\r
(sc, ) t Alan"F Anderson a'=' t, Notc V
MY Commission EEc o2e Pritt name of note
ies i+ Enke*ozrtat2ais notary:
II My commission expires:
STATE OF FLORIDA )
11 )SS.
COUNTY OF PALM BEACH l
II The foregoing instrument was acknowledged before me this t Ci day of'uC y ol?tc,R, 2011. by Gregory
Georges.Manager of GATOR APPLE 1,LLC.a Florida limited liability(-tympany.on behalf of said limited liability
company. Re is personally known to me or has produced New r.► ,�M€ as identification.
11 *1 (sE . ; i ,AM'
140tary Pit• k
il 440.‘ tkarty Pulse Stott atFtarWa
Andaman Prim/type name of notary:
a �+ My ,nm a QZa My commission expires:
) VO f EXPit#aiztltt 20r6
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EXHIBIT'"A"
LEGAL DESCRIPTION
OUTPARCEL-1
ALL THAT CERTAIN PIECE. PARCEL OR TRACT OF LAND SITUATE, LYING AND BEING A
PORTION OF SECTION 22, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY.
FLORIDA.SAID LANDS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
Commencing for reference at the intersection of the centerline of State Road No. 70(as shown on FDOT
Right of Way Map for S.R. 70 Section 91070-2514) and the northerly extension of the easterly line of
Government Lot 2; thence. leaving said centerline,bearing South 00°14'21" East. along said easterly line,
a distance of 44.50 feet to a point on the southerly right of way line of S.R. 70: hence, bearing South
89°54'49"West,along said southerly right of way line. a distance of 125.00 feet to the east line of those
lands described in Official Records Book 634. Page 650. Okeechobee County Public Records, said point
being the point and place of beginning of the herein described parcel;
Thence, leaving said south right of way line. bearing South 00°14'21" East,along said east line a distance
of 225.09 feet to a point:thence leaving said east line,bearing South 89°56'13" West.a distance of 114.46
feet to a point; thence. bearing North 00°06'14" West, a distance of 48.88 feet to a point thence bearing
North 89°56'13" West, a distance of 185.59 feet to a point: thence bearing North 00°15'33" West, a
distance of 176.08 feet to a point on the aforementioned south right of way line of S.R.70; thence bearing
North 89°54'49" East, along said south right of way line. a distance of 300.00 feet to the point of
beginning.
1
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00711201
117
3f I BankofAmerica��' "
:,-:
� •"' Page 1 of 11
: {r;,' Bank of America, N.A. Statement Period
P.O. Box 2M18
01/01/12 through 01/31/12
ii-°,. Tampa, FL 33622.5118
EO P PA OA 44
Enclosures 0
Account Number 8980 4581 4078
IiwIlitswi<<II1ii+1iuruihr1►iih111111I��1I(1g1111l11{,111
SD 02/07 0 0075 785 653 007630 102 MB 0.404
4.-." ' GATOR APPLE 1 LLC
2150 BOGGS RD STE 140
DULUTH, GA 30096-5816
Our Online Banking service allows you to check balances, track account activity and more.
With.Online Banking you can also view up to 18 months of this statement online.
Enroll at www.bankofamerica.com/smallbusiness.
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Full Analysis Business Checking
GATOR APPLE 1 LLC
Your Account at a Glance
Account Number 8980 4581 4078 Statement Beginningg Balance $31,826.99
Statement Period 01/01/12 through 01/31/12 Amount of Deposits!Credits $238,525.08
Number of Deposits/Credits 144 Amount of Withdrawals/Debits $233,175.77
Number of Withdrawals/Debits 119 Statement Ending Balance $37,176.30
Number of Days in Cycle 31 Average Ledger Balance $35,976.91
Service Charge $0.00
118
iii
Page 2 of 11
Statement Period
GATOR APPLE 1 LLC 01/01/12 through 01/31/12
ED PPA OA44
Enclosures 0
IP Account Number 8980"4581 4078
•
Deposits and Credits
ift ate u omer Bank
IFF Posted Reference Amount ($) Description Reference
P 01/03 4,285.80 Ba Merchant Sy. Des:Cred Card ID:491000097443162 902364009151118
Ill Indn:Applebees 431697443162 Co"ID:6211149904 Ccd
Pmt Info:0001168429931D:491000097443162 Name:Appl
IP Ebees 431697443162
Pr 01/03 1,131.55 American Express Des:Settlement ID:0000004316 902303002140769
Indn:Applebee's N1090740630 Co ID:1134992250 Ccd
ift 01/03 554.68 American Express Des:Settlement ID:0000004316 902364008666643
Pr Indn:Applebee's N1090740630 Co ID:1134992250 Ccd
p 01/03 270.26 Discover Network Des:Settlement ID:601101441315189 902364008999534
Indn:Applebees Neighborhood Co ID:1510020270 Ccd
p 01/03 145.63 American Express Des:Settlement ID0000004316 902303002070854
Indn:Applebee's N1090740630 Co ID:1134992250 Ccd
01/04 17,650.12 Ba Merchant 8v:" Des:Cred Card ID:491000097443162 902303005619434
Indn:Applebees 431697443162 Co ID:6211149904 Ccd
Pmt'°Info:0001169261051D:491000097443162 Name:Appl
Ebees 431697443162 .
01/04 0000004316 1,354.88 Deposit 813207350493027
01/04 0000004316 982.00 Deposit 813207350493023
IIP 01/04 0000004316 722.00 Deposit 813207350493019
Eh01/04 0000004316 665.00 Deposit - 813207350493025
01/04 293.01 Discover Network Des:Settlement ID:601101441315189 902303005853673
Indn:Applebees Neighborhood Co ID:1510020270 Ccd
01/04 284.39 Discover Network Des:Settlement ID:601101441315189 902303005853091
Indn:Applebees Neighborhood Co ID:1510020270 Ced
01/04 280.84 American Express Des:Settlement ID:0000004316 902303005093632
Indn:Applebee's N1090740630 Co ID:1134992250 Ccd
it 01/04 212.54 Discover Network Des:Settlement ID:601101441315189 902303005851700
Indn:Applebees Neighborhood` Co ID:1510020270 Ccd
01/04 208.54 Discover Network Des:Settlement ID:601101441315189 902303005852411
Indn:Applebees Neighborhood -Co ID:1510020270 Ccd
it 01/05 3,655.83 Ba Merchant Sv. Des:Cred Card "ID:491000097443162 902304011436447
Indn:Applebees 431697443162 Co ID:6211149904 Ccd
IP Pmt Info:000117052010ID:491000097443162 Name:Appl
01/05 Ebees 431697443162
1,488.32 Sys Network Des:Apple ID: 902303006630112
01/05 Indn:Settlement Co ID:1481142588 Ccd
379.04 American Express Des:Settlement ID:0000004316 902304010185244
il01/05 Indn:Applebee's N1090740630 Co ID:1134992250 Ccd
247.92 Discover Network Des:Settlement ID:601101441315189 902304011079965"
01/06 Indn:Applebees Neighborhood Co ID:1510020270 Ccd -
3,682.77-Ba Merchant Sv. Des:Cred Card ID:491000097443162 902305006110301
0 Indn:Applebees 431697443162 Co ID:6211149904 Ccd
Pmt Info:000117130018ID:491000097443162 Name:Appl
Ebees 431697443162 813207550290294
01/06 0000004316 1,262.26 Deposit
01/06 0000004316 699.30 Deposit 813207250766284
01/06 0000004316 628.75 Deposit 813207550290296
P01/06 0000004316 452.00 Deposit 813207250766287
01/06 395.72 American Express Des:Settlement ID:0000004316 902305005482583
01/06 Indn:Applebee's N1090740630 Co ID:1134992250 Ccd
240.09 Discover Network Des:Settlement ID:601101441315189 902305005938930
Indn:Applebees Neighborhood Co ID:1510020270 Ccd
119
fi
Bank of America.- 4 -
merica.- 4 iii
R, t,., Page 3 of 11
.11,5 :: Statement Period
GATOR APPLE 1 LLC 01/01/12 through 01/31/12
a` E0 P PA 0A 44
Enclosures 0
Account Number 8980 4581 4078
Deposits and Credits - Continued
:an
6 ate us omer Reference
Posted Reference Amount ($1 Description
01/09 4,600.62 Ba Merchant Sv. Des:Cred Card ID:491000097443162 902306009906912
Indn:Applebees 431697443162 Co ID:6211149904 Cod
Pmt Info:000117212488ID:491000097443162 Name:Appl
Ebees 431697443162
01/09 0000004316 2,002.64 Deposit 813207350263112
01/09 0000004316 1,400.00 Deposit 813207350148480
01/09 0000004316 942.00 Deposit 813207350263116
01/09 765.81 American Express Des:Settlement ID:0000004316 902309002219987
Indn:Applebee's N1090740630 Co ID:1134992250 Ccd
01/09 0000004316 602.00 Deposit 813207350263120
01/09 0000004316 562.00 Deposit 813207350148482
01/09 0000004316 362.00 Deposit 813207350263118
01/09 254.11 Discover Network Des:Settlement ID:601101441315189 902306009674043
Indn:Applebees Neighborhood Co ID:1510020270 Ccd
01/09 201.01 American Express Des:Settlement ID:0000004316 902306008907389
Indn:Applebee's N1090740630 Co ID:1134992250 Ccd
10 01/10 14,691.95 Ba Merchant Sv. Des:Cred Card 10:491000097443162 902309004477267
Indn:Applebees 431697443162 Co ID:6211149904 Ccd
Pmt Info:000117288660ID:491000097443162 Name:Appl
Ebees 431697443162
01/10 0000004316 885.00 Deposit 813207550815598
P 01/10 570.99 Discover Network Des:Settlement ID:601101441315189 902309004288982
Indn:Applebees Neighborhood Co ID:1510020270 Cod
__p 553.94 American Express Des:Settlement ID:0000004316 902309003721830
Indn:Applebee's N1090740630 Co ID:1134992250 Ccd
p 01/10 356.34 Discover'Network Des:Settlement ID:601101441315189 902309004288213
Indn:Applebees Neighborhood Co ID:1510020270 Ccd
p01/10 0000004316 344.00 Deposit 813207550815600
ift P 01/10 266.23 Discover Network Des:Settlement ID:601101441315189 902309004289646
Indri:Applebees Neighborhood Co ID:1510020270 Cod
pp 01/11 2,967.85 Ba Merchant Sv. Des:Cred Card ID:491000097443162 902310008141597
Indn:Applebees 431697443162 Co.ID:6211149904 Ccd
Pmt Info:0001173805861D:491000097443162 Name:Appl
Ebees 431697443162
01/11 0000004316 583.00.Deposit 813207550113405
01/11 0000004316 510.00"Deposit 813207550071136
01/11 449.54'American Express Des:Settlement ID:0000004316 902310007438311
Indn:Applebee's N1090740630 Co ID:1134992250 Ccd
01/11 175.43 Discover Network Des:Settlement ID:601101441315189 902310007827816
Indn:Applebees Neighborhood Co ID:1510020270 Ccd
01/12 3,754.68 Ba Merchant Sv. Des:Cred Card ID:491000097443162 902311011744489
Indn:Applebees 431697443162 Co ID:6211149904 Ccd
Pmt Info:000117470653ID:491000097443162 Name:Appl
Ebees 431697443162
01/12 2,392.33 Svs Network Des:Apple ID: 902310008441193
Indn:Settlement Co 1D:1481142588 Ccd
01/12 420.73 American Express Des:Settlement ID:0000004316 902311010856852
Indn:Applebee's N1090740630 Co ID:1134992250 Ccd
01/12 67.27 Discover Network Des:Settlement ID:601101441315189 902311011300188
Indn:Applebees Neighborhood Co ID:1510020270 Cod
01/13
3,845.83 Ba Merchant Sv. Des:Cred Card ID:491000097443162 902312006400703
Indn:Applebees 431697443162 Co ID:6211149904 Cod
Pmt Info:000117549746ID:491000097443162 Name:Appl
Ebees 431697443162
L...-43 0000004316 1,025.35 Deposit 813207250103693
120
LIP
F
1
Page 4of11
Statement Period.
GATOR APPLE 1 LLC 01/01/12 through 01/31/12
ED P PA OA 44
Enclosures 0
Account Number 8980 4581 4078
Deposits and Credits - Continued
Date Cu omer an
0 Posted Reference Amount ($) Description Reference
j i 01/13 0000004316 1,013.00 Deposit 813207250267880
IW 01/13 0000004316 711.00 Deposit 813207250103691
ii 01/13 0000004316 486.00 Deposit 813207250103695
01/13 404.18 American Express Des:Settlement ID:0000004316 902312005411480
Ah Indn:Applebee's N1090740630 Co ID:1134992250 Ccd
01/13 157.46 Discover Network Des:Settlement ID:601101441315189 902312006137922
Or Indn:Applebee_s Neigghborhood Co ID:1510020270 Ccd
Ah 01/17 3,835.03 Ba Merchant Sv. Des:Cred Card ID:4910 00097443162 902313009915952
Indn:Applebees 431697443162 Co ID:6211149904 Ccd
Pmt Info:000117644473ID:491000097443162 Name:Appl
Ebees 431697443162
01/17 0000004316 1,655.00 Deposit - 81320755077223
PP 01/17 0000004316 1,584.26,Deposit . 813207550677236
01/17 0000004316 1,422.00 Deposit 813207550677226
Plir 01/17 961:35 American Express Des:Settlement ID:0000004316 902317002880780
Indn:Applebee's N1090740630 Co ID:1134992250 Ccd
• 01/17 0000004316 879.00 Deposit 813207550677230
fp 01/17 0000004316 681.00 Deposit; - 813207550677228
01/17 0000004316 657:00 Deposit 813207550677234
• 01/17 578.78 American Express Des:Settlement ID:0000004316. . 902317002531661
.Indn:Applebee's N1.090740630 Co ID:1134992250 Ccd
IP 01/17 410.83 American Express'Des:Settlement ID:0000004316 902313009109838
Indn Applebee's N1690740630 Co ID:1134992250 Cod
01/17 207.67 Discover Network Des:Settlement ID:601101441315189 902313009485484
Indn:Applebees Neighborhood Co.iDi1510020270 Cod
01/17 0000004316 10.00 Non-Cash Deposit Correction - 813207550677224
Fa 01/18 21,528.75 Ba Merchant Sv. Des:Cred Card ID:491000097443162 902317007076302
Indn:Applebees 431697443162 Co.ID:6211149904 Ccd
OD
Pmt Info:000117723717ID:491000097443162 Name:Appl
Ebees 431697443162
0 01/18 523.67 American Express Des:Ssttlement ID:0000004316 ' 902317005719959
IndnsAppiebee's.N1090740630 .Co ID:1134992250 Cod
• 01/18 449.61 Discover Network Des:Settlement ID:601101441315189 902317006538967
Indn:Applebees Neighborhood Co ID:1510020270 Ccd
0 01/18 381.90 Discover Network Des:Settlement ID:601101441315189 902317006537656
Indn:Applebees,Neighborhood, Co ID;1510020270 Ccd
01/18 324.60 Discover Network.,Des:Settleinent ID:601101441315189 902317006538341
Indi:Applebees.,Neighborhood Co ID:1510020270 Ccd
01/18 233,18 Discover Network`Des: Settlement ID:601101441315189 902317006536885
Indn:Applebees Neighborhood Co ID:1510020270 Cod ms
01/19 6,806.84 Sys Network ' Des:Apple ID 902318009637049
01/19 Indn:Se'ttlement, . .' Co ID:1481142588 Ccd
4,073.32 Ba Merchant'Sv Des:Cred Card ID:491000097443162 902318011344437
Indn:Applebees 431697443162 Co ID:6211149904 Cod
. Pmt Info:000117824683ID:491000097443162 Name:Appl
Ebees.431697443162
01/19 0000004316 825.00 Deposit 813207250984271
01/19 0000004316 712.00 Deposit 813207250984277
01/19 675.05 American Express Des:Settlement ent ID:0000004316 902318010233076
Yndn:Applebee's N1090740630 Co ID:1134992250 Cod
01/19 0000004316 640.20 Deposit 813207250062300
01/19 0000004316 527.00 Deposit, 813207250984273
01/19 0000004316 244.00 Deposit' 813207250984275
01/19 0000004316 199.00 Deposit 813207250062302 ,
41
121
1,
•
1
•
• Bank of rica '�'' H
IP "- Page 5 of 11
• GATOR APPLE 1 LLC Statement Period
01/01/12 through 01/31/12
• E0 PPA " 0A44
Enclosures 0
• Account Number 8980 4581 4078
II Deposits and Credits - Continued
II ate us •mer
Aik Posted Reference Amount Descri tion Reference
IP
• 01/19 90.09 Discover Network Des:Settlement ID:601101441315189 902318011016191
Indn:Applebees Neighborhood Co ID:1510020270 Ccd
fp 01/20 4,253.76 Ba Merchant Sv. Des:Cred Card .ID:491000097443162 902319005539731
Indn:Applebees 431697443162 Co ID:6211149904 Ccd
0 Prnt Info:000117905283ID:491000097443162 Name:Appl
Ebees 431697443162
is 01/20 0000004316 1,521.00 Deposit 813207250182498
01/20 0000004316 585.00 Deposit 813207250182496
• 01/20 . 476.88 American Express Des:Settlement ID:0000004316 902319004696501
Indn:Applebee's, N1090740630 Co ID:1134992250 Cod
• 01/20 275.02 Discover Network Des:Settlement ID:601101441315189 902319005195139
Indn:Applebees Neighborhood Co ID1510020270 Ccd
• 01/23 4,798.00 Ba Merchant Sv. Des:Cred-Card ID:491000097443162 902320008846451
Indn:Applebees 431697443162 Co ID:6211149904 Ccd
0 Pmt Info:0001179945431D:491000097443162 Name:Appl
Ebees.431697443162
0 01/23 0000004316 2,230.00 Deposit . 813207350726732
ft 01/23 0000004316 1,804.00 Deposit 813207550313505
01/23 0000004316 1,157.00 Deposit 813207350726736
• 01/23 1,041.55 American Express Des:Settlement ID:0000004316 902323010952322
Indn:Applebee's N1090740630 Co ID:1134992250 Ccd
MI 01/23 0000004316 610.00 Deposit _ 813207550313507
0__`3 473.48 American Express Des:Settlement ID:0000004316 902320007952225
• k..._, Indn:Applebee's N1090740630 Co ID:1134992250 Ccd
01/23 0000004316 414.00 Deposit 813207350726738
• 01/23 ` 322.24 Discover Network Des:Settlement ID:601101441315189 902320008700724
' Indn:Applebees Neighborhood Co ID:1510020270 Ccd
• 01/23 0000004316 321.00 Deposit ` 813207350726734
0 01/24 16,594.05 Ba Merchant Sv. Des:Cred Card ID:491000097443162 902323013339112
Indn:Applebees 431697443162 Co ID:6211149904 Ccd
• Pmt Info:0001180755641D:491000097443. 162 Name:Appl
Ebees 431697443162
. 01/24 0000004316 967.00 Deposit 813207550478393
01/24 517.41 American Express Des:Settlement ID:0000004316 902323012360871
- 01/24 Indn:Applebee's N1090740630 Co ID:1134992250 Ccd
508.52 Discover Network Des:Settlement ID:601101441315189 902323012916062
IP 01/24 IndruApplebees Neighborhood Co ID:1510020270 Ccd
e lk 441.88,Discover Network Des:Settlement ID:601101441315189 902323012916709
Indn:Applebees Neighborhood Co ID:1510020270 Cod
• 01/24 0000004316 306.00 Deposit 813207550478391
01/24 125.94 Discover Network Des:Settlement ID:601101441315189 902323012915310
ID 01/25
Indn:Applebees Neighborhood Co ID:1510020270 Ced
3,649.04 Ba Merchant Sv. Des:Cred Card ID:491000097443162 902324006560876
0 Indn:Applebees 431697443162 Co ID:6211149904 Ccd
Pmt Info:0001181651231D:491000097443152 Name:Appl
01/25 Ebees 431697443162
599.43 Discover Network Des:Settlement ID:601101441315189 902324006233973
01/25 Indn:Applebees Neighborhood Co ID:1510020270 Ccd
o w 548.04 American Express Des:Settlement ID:0000004316 902324005739756
Indn:Applebee's N1090740630 Co ID:1134992250 Cod
sio IF 01/26 5,909.92 Svs Network Des:Apple ID: ` 902325008190213
Indn:Settlement Co ID:1481142588 Cod
Pr.
• 122
lb
P
I
r
I
Page 6 of 11
Statement Period
I GATOR APPLE 1 LLC 01/01/12 through 01/31/12
EO PPA OA 44
Enclosures 0
. Account Number 8980 4581 4078
• Deposits and Credits - Continued
$a e us omen :an
Posted Reference Amount Descri.tion - Reference
ip 01/26 3,702.90 Ba Merchant Sv. Des:Cred'Card,_-ID:491000097443162 902325009639346
. Indn:Applebees 431697443162 Co ID:6211149904•Ccd
, Pmt Info:000118304604ID:491000097443162 Name:Appl
Ebees 431697443162- - . .
. 01/26 0000004316 1,148.00 Deposit ' ' 813207550604602
01/26 0000004316 853.00 Deposit 813207250064469
. 01/26 0000004316 • 564.00 Deposit . 813207250064467
▪ 01/26 0000004316 - 465.00 Deposit 813207550604604
IP 01/26 400.5.2 American Express Des:Settlement ID:0000004316 902325008886341
IP indn:Applebee's N1090740630 Co ID:1134992250 Ccd
01/26 172.08 Discover=Network.Des:Settlement ID:601101441315189 902325009350471
•110 • Indn:Applebees.Neigghborhood Co ID:1510020270 Ccd
01/26 49.98 Southern Wine &• Des:Fintecheft ID:27-1440818 902325008908667 •
Indn;Gator Apple 1, Llc Co ID:59-1285786 Ccd
01/27 4,072.89 Ba Merchant Bv. Des:Cred Card ID':49100,0097443162 902326004072904
• Indn:Applebees 431697443162 Co ID:6211149904,Ccd
Pmt Info:000118382716ID:491000097443162 Name:Appl
. Ebees 431697443162
01/27 0000004316 921.10 Deposit 813207550778919 .
IP 01/27 0000004316 366.00:Deposit : . -" , ' • • ', - " 813207550778921 '
01/27 341.90-American Express Des:Settlement ID:0000004316 902326002779581
• Indn:Applebee's N1090740630 Co ID1134992250_Ccd
01/27 323.90 Discover:Network,Des:Settlement ID:601101441315189 902326003636001 '
Indn:Applebees Neighborhood Co ID:1510020270 Ccd
. 01/30 . ' 5,298.75 Ba Merchant Sy: Des:Cred Card-.=ID:491000097443162 902327007483969
• Indn:Applebees 431697443162 Co ID:6211149904 Ccd
. Pmt Info:0001184642801D:491000097443162 Name:Appl
Ebees 431697443162- .•11 01/30 0000004316 2,110.00-,Deposit. 813207550915281
01/30 0000004316 1,997.00 Deposit • 813207550832303
. 01/30 0000004316 1,268.00 Deposit ' .' 813207550915285
ii 01/30 942.01 American Express Des:Settlement ID:0000004316 . 902330009666640 .
Indn:Applebee's,N1090740630 Co ID:1134992250 Ccd
ilk 01/30 0000004316 683.00 Deposit •' ' _ 813207550915283
IP 01/30 0000004316 612.00.Deposit.• 813207550832305
sk 01/30 0000004316 ' 495.00 Deposit,,- • 813207550915287
IP 01/30 368.82 Discover Network`Des:Settlement ID:601101441315189 902327006961286
'Indn:Applebees,Neighborhood" Co,ID:1510020270 Ccd
01/30 273.86 American Express Des:Settlement ID:0000004316 902327006383397
- Indn:Applebee's N1090740630 Co.ID:1134992250,Ccd
II 01/31 - 16,460.32 Ba Merchant Sv. .Des;Gred Card- ID:491000097443162 902330013138149
II Indn:Applebees 431697443162- Co ID:6211149904.Ccd ,
' Pmt Info:000118547065ID:491000097443162,Name:App1
'Ebees.431697443162
01/31 0000004316 953.00 Deposit' 813207550056405
IP 01/31 0000004316 633.00 Deposit•: 813207650056401
• 01/31 352.13 American Express Des:Settlement ID:0000004316 . 902330011962528
5 01/31 Indri Applebee's. N1090740630 Co ID11134992250 Ccd
237.27. Discover,Network_.Des;Settlernent ID:601101441315189 902330012552718
▪ 01/31 `Indn:Applebees Neighborhood Co ID:1510020270 Ccd
194.53. Discover Network'Des:Settlement ID:601101441315189 902330012553391 •
01/31 Indn:Applebees Neighborhood Co ID:1510020270 Ccd
• 164.30 Discover Network Des:Settlement ID:601101441315189 902330012551935-
Indn:Applebees Neighborhood Co ID:1510020270 Ccd
. 01/31 0000004316 37.00 Deposit 813207550056403 .
N
• 123
lb
I
I
+Yr,
ankof America
`.�t. Page 7 of 11
GATOR APPLE 1 LLC Statement Period
01101/12 through 0I/31/12
ED P PA 0A 44
110 Enclosures 0
Account Number 8980 4581 4078
P .
Withdrawals and Debits
Checks
P Check Date Bank Check Date Bank
• Number Amount L$) Posted Reference Number Amount ($) Posted Reference
▪ 7022 123.14 01/03 813106292841396 700673 - 175.00 01/18 813109492400784
7024* 94.15 .01/13 813105992316931 700674 91.53 01/17 813106092727287
lb 7025 65.93 01/18 813106692244106 700675 134.02 01/17 813106292188001
7026 94.15 01/27 813106992188027 700676 203.30 01/18 813106492801038
7027 192.57 01/31 813106192857711 700677 1,348.52 01/12 813107782125908
■ 700647* 250.00 01/03 813106292718853 700678 29.95 01/19 813106892158943
• 700648 3,807.75. 01/12 813106992598833 .: 700679 148.70 01/17 813109092286715
■ 700649 223.62 , .01/06 813105992208040 . 700680 153.92 01/12 813100392797208
700650 433.00 01/10 813109292785738 700681 176.00 01/25 813109692261504
1 700652* 6.57 ,. 01/04 ,813109292352284 700682 205.25 01/20 813107092718445
▪ 700653 60.00 01/04 813109192571463 700683 114.81 01/23 813106092379394
700654 203.30 01/04 813106692680697 700684 36.50 01/24 813106292195664
▪ 700656* 3,680.54 01/04 813207250487177 700685 77.49 01/23 813108892850130
700657 87.24 01/03 813108792100595 700686 313.46 01/24 813109392846134
700658 855.40' 01/03 813108892101534 700687 1,049.67 01/19 813107782586545
1 700659 150.00 01/03 813101782412193 700688 117.64 01/20 813106550317554
700660 11.06 01/09 .813108992025520 700689 150.00 01/19 813101782176720
▪ 700661 94.90 01/11 813109592740618 700690 .. 508.13 01/23 813102392894004
ik 700662 . 540.00 :01/09 813108792459079 . 700691 1,471.80 01/23 813105992430519
• 700663 200.00. 01/06- 813109892583984 700694* 1,068.68 01/30 813100992409142
iik 700664 147.40_ . 01/06 813105892392365- 700695 1,181.01 01/25 813107782963592
IP 700665 1,062.34 01/04 813107782462218 700696 77.06 01/30 813108992399787
700666 203.30. 01/10 813109292199305 700697 87.24 01/31 813109392492054
IP 367 168.96 01/09 813108892847074 700698 715.26 01/30 813109092074594
X68 63.27 01/06 813109792657290 . 700699 153.92 01/27 813100392516664
00669 42.80 01/06 813100302823446 700700 101.50 01/27 813109992925496
700670 901.31 01/09 813102092074298 700701 . 499.88 01/30 813108992616989
ek 700672 352.78 01/13.:813105992327799 700708* 3,6 8.68 01/30 813207550805212
ek III
ik * Gap in sequential check numbers.
•
II
Other Debits
Date Customer Bank
Posted Reference Amount ($) Description Reference
I 01/03 15,192.07 Las Coll Des:Collection ID:130200 902364010128021
II Indn:IN This Together Co ID:9134157730 Ccd
Pmt Info:Mbe ACH Credit
01/03 5,638.46,US Foodservioe Des:Vendor Pa ID:010280876170000 902303000713772
Indn:Usfood-80876170 Co ID:4880371951 Ctx
ID Additional Information Is Available For This Pmt.
01/03 629.30 A Treasury Sales Officer For Assistance.
.30 Jj Taylor, - Tamp Des:Fintecheft ID:27.1440818 902364008677936
01/03 Indn:Gator Apple:l, Lie Co ID:65-1100950 Ccd
467.10 Peace River Dist. Des:Fintecheft ID:27-1440818 902364008670748
1 01/03 Indn:Gator Apple 1, Llc Co ID:65-0167560 Ccd
333.68 Southern Wine & Des:Fintecheft ID:27-1440818 902364008670879
I .
01/04 Indn:Gator Apple 1, Lie Co ID:59-1285786 Ccd
2,066.68 Ba Merchant Sv. " Des:Cred Card ID:491000097443162 902303005620755
1 ,Indn:Applebees 431697443162 Co ID:6211149904 Ccd
Pmt Info:000115132716ID:491000097443162 Name:Appl
Ebees 431697443162
D
124
1
1
1
II
-::,t BankofAmerica®� '
k Page 9 of 11
`�.� Statement Period
GATOR APPLE 1 LLC 01/01/12 through 01/31/12
ED P PA OA 44
Enclosures 0
Account Number 8980 4581 4078
~
Withdrawals and Debits - Continued
Other Debits
Bank
n
:, 1 ate Customer Reference
Posted Reference Amount ($) DescriQtio
i.
01/09 859.50 Southern Wine & Des:Fintecheft ID:27-1440818 902306008912738
Indn:Gator Apple 1,`Lie Co ID:59-1285786 Ccd
01/09 223.26.Premier Beverage Des:Fintecheft ID:27-1440818 902309001014840
Indn:Gator Apple 1, Lie Co ID:65-0772142 Ccd
01/09 198.00 Republic Natlona Des:Fintecheft ID:27-1440818 . 902309001014854
Indn:Gator Apple 1, Lie Co.ID:20-5543506 Ccd
01/09 56.15 Peace River Dist Des:Fintecheft ID:27-1440818 902306008912624
Indn:Gator Apple 1, Lie Co ID:65-0167560 Cod
01/09 9.85 Jj Taylor - Tamp Des:Fintecheft ID:27-1440818 902306008916864
Indn:Gator Apple 1, Lie Co ID:65-1100950 Cod
01/10 11.60 fintech.net Des:Fintecheft ID:27-1440818 902309005056582
Indn:Gator Apple 1, Lie Co ID:65-0152732 Ccd
01/11 7,363.67 IRS., Des:Usataxpymt ID:270241131354698 902310007393914
Indn:Gator Apple 1 Llc Co ID:3387702000 Ccd
01111 0.10 Ba Merchant Sv. Des:Cred Card ID:491000097443162 902310008142118
Indn:Applebees 431697443162 Co ID:6211149904 Cod
Pmt Info:000117451320ID:491000097443162 Name:Appl
Ebees 431697443162
01/11 0009002107 30,000.00 Account Transfer Trsf To 898008565296 906801110012613
01/12 5,344.22 US Foodservice Des:Vendor Payy ID:011280876170000 902312002934803
Indn:Usfood-80876170 Co ID:4880371951 Ctx
Additional Information Is Available For This Pmt.,
Contact A Treasury Sales Officer For Assistance.
01/13 0.05 Ba Merchant Sv. Des:Cred Card .ID:491000097443162 902312006401250
Indn:Applebees 431697443162 Co ID:6211149904 Ccd
Pmt Info:000117577766ID:4910000.97443162 Name:Appl
Ebees 431697443162 :"
01/17 564.00 Peace River Dist Des:Fintecheft ID:27-1440818 902313009131836
Indn:Gator Apple 1, LIc Co_ID:65-0167560 Ccd
01/17 382.95 Jj Taylor - Tamp Des:Fintecheft ID:274440818. 902313009418348
Indn:Gator Apple 1, Lie Co ID:65-1100950 Ccd
01/17 369.84 Southern Wine & Des:Fintecheft ID:27.1440818 902313009131962
Indn:Gator Apple 1, Lie Co ID:59-1285786 Ced
01/17 220.66 Premier Beverage Des:Fintecheft ID:27-1440818 902317001638714
Indn:Gator Apple 1, Lie Co ID:65-0772142 Cod
01/18 3,301.06 US Foodservice Des:Vendor Pay ID:011780876170000 902317007735389
Indn:Usfood-80876170 Co ID:4880371951 Ctx
Additional Information Is Available For This Pint.
Contact A Treasury Sales Officer For Assistance.
01/18 0009020675 20 000.00 Account Transfer Trsf To 898008565296 " 906801180012535
01/20 12,427.40 Fla Dept Revenue Des:C01 ID:000000015505254 902319006327223
Indn:Gator Apple 1 Lie' Co ID:7596001874 Ccd
01/20 4,912.11 US Foodservice Des:Vendor Pay ID:012080876170000 902320006796588
Indn:Usfood-80876170 Co ID:4880371951 Ctx
Additional Information Is Available For This Pmt.
Contact A Treasury Sales Officer For Assistance.
01/20 0.39 Ba Merchant Sv, Des:Cred Card ID:491000097443162 902319005540288
Indn:Applebees 431697443162 Co ID:6211149904 Cod
Pmt Info:000117971312ID:491000097443162 Name:Appl
Ebees 431697443162
01/23
5,853.58 US Foodservice Des:Vendor Pay ID:012380876170000 902323010063811
Indn:Usfood-80876170 Co ID:4880371951 Ctx
i Additional Information Is Available For This Pmt.
\-_ Contact A Treasury Sales Officer For Assistance.
125
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IP
ii
II
1
Page 8 of 11
GATOR APPLE 1 LLC 01/01/12 though 01/31/12 -
EO PPA 0A44
Enclosures 0
Account Number 8980 4581 4078
IP Withdrawals arid Debits - Continued
Other Debits
' Date Customer - Bank
Posted Reference - Amount ) Description Reference
01/04 156.04 Ba Merchant Sv... Des:Cred Card ID:491000097443162 902303005620757
Indn:Applebees 431697443162 :Co_ID:6211149904 Ccd
Pmt Info:0001151327191D:491000097443162 Name:Appl
' .Ebees 431697443162 - - . :. '
01/04 81.82 Ba Merchant Sv. Des:Cred Card ID:491000097443162 . 902303005620753
Indn:Applebees 431697443162 Co ID:6211149904 Cod
P Pmt Info:000115125790ID:491000097443162Name:Appl
' Ebees 431697443162' ' -
01/04, 18.24 Ba Merchant Sv. Des:Cred.Card -ID:491000097443162 902303005620769
Indn:Applebees 431697443162 Co:ID:6211149904 Ccd
Pint Info:0001151327271D:491000097443162 Name:Appl .
Ebees 431697443162
01/04 14.31 Ba Merchant Sv. Des:Cred,Card :ID:491000697443162 902303005620759
Indn:Applebees 431697443162 'Co ID:6211149904 Ccd
' Pint Info:000115132718ID:491000097443162 Name:Appl
Ebees 431697443162
10
01/04 12.72 Ba Merchant Sv. .Des:Cred Card ID:491000097443162 902303005620765
. Indn:Applebees 431697443162 .Co;ID:6211149904.Ccd '-
0 Prnt Info:00011513272 4ID:491000097443162'Name:Appl
' Ebees 431697443162 =
01/04 . 7.74 Ba Merchant Sv..'.Des:Cred Card ID:491000097443162 902303005620771
' Indn:Applebees 431697443162: Co-ID:6211149904 Ccd
Pmt Info:000115132721ID:491000097443162-Name:Appl;
Ebees 431697443162.-
' 01/04 .6.43 Ba Merchant Sv. Des:Cred Card ID:491000097443162. 902303005620767
Indn:Applebees 431697443162 Co ID:6211149904,Ccd "
Pmt Info:000115269973ID:491000097443162 Name:Appl
Ebees 431697443162
01/04 4.67 Ba Merchant Sv., Des:Cred Card ID:491000097443162 902303005620763
1 Indn:Applebees 431697443162 Co ID:6211149904 Ccd
Pint Info:0001152699741D:491000097443162 Name:Appl
1 Ebees 431697443162
01/04 1.22 Ba Merchant Sy. Des:Cred Card ID:491000097443162 902303005620761 "
Indn:Applebees 431697443162 Co ID:6211149904 Ccd
_ . Pmt Inf o:000115132725ID:491000097443162 Name:Appl
Ebees 431697443162
01/05 4,280.38 US. Foodservice Des:Vendor Pay ID:010580876170000 902305003514505
Iiidn:U'sfood-80876170" . Co 1D:4880371951'Ctx
II Additional Information Is Available For This Pint. ..
Contact A Treasury Sales Officer For Assistance.
' 01/05 418.31 American Express Des:Axp Discnt ID:0000004316, . 902304010190631
Indn:Applebee's N1090740630 Co ID:1134992250 Ccd
01/05
1 0.18 American Express Des:Collection ID:0000004316 902304010185643
r 01/06 Indri:Applebee's N1090740630 Co ID:1134992250 Ccd
1,285.61 Sys 'Des:$vs ID:62 902305006690857
, Qi/06 - Indn:Apple Disc Settl _ Co ID:1481142588 Ccd
. 104.95 Svs.Network Des:Apple ID: 902305006689994
Ol/06 Indn:Per Trail Fees . ,.; Co ID:1481142588 Ccd
8.04 'Svs:Network Des:Applp .= ID: 902305006690000
11 01/09 Indn:Per Tra:n Fees Co ID:2341830553 Ccd
4,545.21 US Foodservice Des:Vendor Pay ID:010980876170000 902309001214823 I
Indn:Usfood-80876170 Co ID:4880371951 Ctx
1 Additional Information Is Available For This Pmt.
Contact A Treasury Sales Officer For Assistance.
1
1
1 126
0
Page 10 of 11
Statement Period
GATOR APPLE 1 LLC 01/01/12 through 01/31/12
EO PPA 0A44
Enclosures 0
Account Number 8980 4581 4078
Withdrawals and Debits - Continued
Other Debits
Date Customer . . Bank
Posted Reference Amount ($) Description Reference .
PO 01/23 840.79 Southern Wine & 'Des:Fintecheft ID:27-1440818 902320007961622
' Indn:Gator A ple 1, Lie Co ID:59-1285786 Ccd
01/23 696.80.Peace River Dist Des:Fintecheft ID:27-1440818 902320007961512
Ili Indn:Gator Apple 1, Lie . Co,ID:65-0167560 Ccd
01/23 394.35 Jj Taylor.=.Tamp. Des:Fintecheft ID:27-1440818 902320007966137
Indn:Gator Apple 1,.LIc Co ID:65-1100950 Cc_d
01/23 173.00'Premier,.Beverage Des:Fintecheft ID:27-1440818 902323009858007
Indn:Gator' Apple 1, Llc Co IDc65-0772142 Ccd
01/24 111.09":Merchant'Link Des:Cash Trans ID:898045814078 902323011924355
''Indn:Gator Apple Lie Co ID 9222828001 Ppd
01/24 0009039554 25,000.00.Account Transfer Trsf To 898008565296 906801240010783
01/25 8,541.57 IRS Des:Usataxpymt ID:270242551825943 902324005750995
Indn:Gator'Apple 1 LIe Co ID:3387702000 Ccd
01/25 55.34.Ba Merchant Sv. .Des:Cred C and ID:491000097443162 902324006561441
' ' Indn:Applebees 431697443162 Co"ID:6211149904 Ccd •
Pmt Info:000118221678ID:491000097443162'Name:Appl
Ebees 4316974431'62 ' '
01/26 7,244.28 US Foodservice Des:Vendor Pay ID:012680876170000 902326000739502
Indn:Usfood-80876170 Co'ID:4880371951 Ctic
Additional-Information Is"Available For This Pmt.
Contact'A Treasury Sales Officer For Assistance.
01/27 122.35 US Foodservice, Des:Vendor Pa .ID:012780876170000 902327005152464
' Indn:Uefood-80876170 ' Co IUD 4880371951 Ctx
' Additional Information;Ie Available For,This Pmt.
Contact A:Tressury Sales'Officer For Assistance.
01/30 7,023.40 US Foodservice Des:Vendor Pay-ID:013080876170000 902330008674752
Indn:Usfood.3Q876170_ Co ID:4880371951 Ctx
Additional Information Is-Available For This Pmt.
Contact"A Treasury Sales Officer For Assistance.
01/30 837.89.Southern.Wine & -Des:Fintecheft ID:27-1440818 902327006407364
Indn:Gator Apple.1, Lk. CO..ID:59-1285786 Ccd_
10 01/30 ' ' 494.95'Peace River Dist Des:Fintecheft ID:27-1440818 ' 902327006407254
01/30 ' • Indn:Gator Apple.1, Lie, Co ID:65-0167560 Ccd
294.90 Jj.Taylor - Tamp Des:Fintecheft ID:27-1440818 902327006915723 '
11) 01/30 205 " Indn:Gator Apple,1, Llc 'Co ID:65-1100950 Ccd.
.88;Premier`Beverage'Des:Fintecheft ID:27-1440818 902330008441314
01/31 ' Iiidn:Gator Apple 1, LIc; Co ID:65-0772142 Ccd
2,150.07`IRS,' _ ' Des:Usataxpymt ID:270243194210133 902330011918225
01/31 ' Indn:Gator`Apple 1 Lie Co ID:3387702000 Ccd .
1,527.35. Fla Dept:Revenue Des:Cut ID:000000002989733 902330014046595
Indn:Gater Apple 1 LIe '. ' Co"ID:Caocxxxxxxx Ccd
10 10- 01/31 0009064053 • 20,000.00 Account,Transfer Trsf To 898008565296 906801310014929 '
Daily Ledger Balances
Date ' Balance ($) Date . ' ' - Balance ($) • Date Balance ($)
ii 01/01 31,826.99 ' ' 01/11 " ' 24,411.72. ' ' ' 01/23 44,307.07
I. 01/03 14,488.52 01/12 20,392:32'.--- 01/24 38,306.82
01/04 • 29,759.22 01/13 ' 27,588.16 01/25 33,149.41
01/05 30,831.46 • " .01/17-' • 38,558.38 ' 01/26 39,170.53
01/06 36,116.66 01/18 ' 38,254.80 . ' ' 01/27 42,930.12 .
p01/09 40,295.56 .- 01/19, • . . 51,817.68' ' 01/30 42,101.98
01/10 57,316.10 01/20 41,266.55 01/31 37,176.30
127
Gator Apple 1 LLC
►
Interim Financial Statements
For the Period Ending January 29, 2012
2150 Boggs Rd. Suite 140
• Duluth Georgia 30096
7706707300
maureen @gatorapple.com
/J7
p
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p
Gator Apple 1 LLC
Interim Balance Sheet
January 29,2012
p
pAssets
Current Assets:
Cash and Cash Equivalents $52,379
Accounts Receivable 13,351
Accounts Receivable-Related Parties 10,000
Inventory 19,075
Prepaid Expenses _-- _--�-`-13,074
Total Current Assets 107,879
Property and Equipment:
Land Improvements 109,673
Buildings and Improvements 24,397
Furniture and Equipment 431,997
Construction in Progress 96,931
Less: Accumulated Depreciation (117,375)
Net Property and Equipment 545,623
Intangible Assets:
Franchise Fees 26,250
Less: Accumulated Amortization (1,632)
Total Intangible Assets 24,618
Other Assets:
Security Deposits 10,547
Total Other Assets 10,547
Total Assets 688,667
/a-7c(._
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p
Gator Apple 1 LLC
Interim Balance Sheet
January 29,2012
p
Liabilities and Equity
Current Liabilities:
• Accounts Payable $62,932
Accounts Payable-Related Parties 635,026
Accrued Payroll and Taxes 46,163
Accrued Expenses 21,970
Gift Cards Redeemable 21,483
Taxes Payable 50,268
Total Current Liabilities 837,842
Long-Term Liabilities:
Total Liabilities 837,842
Members'Equity:
Members'Equity (168,004)
Current Net Income(Loss) 18,829
0 Total Members'Equity (149,175)
10 Total Liabilities and Equity 688,667
•
P
P
P
P
P
P
P
- . : /37 b
PP
0
0
Gator Apple 1 LLC
0 Interim Income Statement
• For the Period Ending January 29,2012
Current YTD % Prior YTD %
•
S Sales:
Total Net Sales $210,861 100.0 $260,740 100.0
0 Total Cost of Sales 55,991 26.6 74,668 28.6
_
• Total Gross Profit ___�_154,870 73.4 ____ 186,072 71.4
• Payroll and Benefits: ___________ _____ _____._ + ' _____
0 Management Wages 13,189 6.3 17,654 6.8
Hourly Wages 36,107 17.1 59,264 22.7
O Payroll Tax Expense 8,694 4.1 12,910 5.0
• Employee Benefits _-`M`�__2,456 1.2___._��_ 2,956_ 1.1
• Total Payroll and Benefits 60,446 28.7 92,784 35.6
• Controllable Expenses:
• Supplies 5,160 2.4 5,826 2.2
Repairs and Maintenance 4,124 2.0 977 0.4
5 Shortages and Chargebacks 24 0.0 238 0.1
Utilities and Telephone 6,398 3.0 6,845 2.6
5 Waste Management 1,472 0.7 2,201 0.8
Audio and Video 397 0.2 301 0.1
0 National Marketing 5,799 2.8 7,170 2.7
Royalties 8,515 4.0 10,513 4.0
Promotions 292 0.1 77 0.0
5 General and Administrative 374 0.2 298 0.1
____ r _
5 Total Controllable Expenses 32,555 15.4 � 34,446 13.2
S Profit After Controllables rM_W_Y_ 61,869 29.3 _______ 58,842 22.6
• Non-Controllable Expenses: .w___________________ _____ _____________ _______
• Local Store Marketing 967 0.5 1,396 0.5
• Rent and CAM 17,888 8.5 17,796 6.8
General Insurance 1,714 0.8 1,367 0.5
• Equipment Lease 231 0.1 869 0.3
Bank and Merchant Fees 5,404 2.6 5,961 2.3
• Taxes and Licenses 2,498 1.2 0.0
Training and Development �.____M_^1,277 0.6__________.__ 0.0
Total Non-Controllable Expenses ___29,979 14.2 �� 27,389 Y10.5
III• Store Contribution 31,890 15.1 31,453 12.1
Overhead Operations:
_____________ _,_� __________________ ______
• Other Outside Services $25 0.0 $53 0.0
Overhead Allocation 6,520 3.1 7,736 3.0
• Total Overhead Operations _ Y 6,542 3.1 7,789 �3.0
Operating Income(Loss) 25,348 12.0 23,664 9.1
II Other Expense(Ingomel:
Other Expense(Income) (794) (0.4) 0.0
II Depreciation and Amortization 7,313 3.5 8,101 3.1
II Total Other Expense(Income) ____ 6,519 3.1 N_____~� 8,101 3.1
1 Net Profit(Loss) w______ 18,829_8.9_ __ 15,563 _ 6.0
•
II
1
0
Gator Apple 1 LLC
Interim Statement of Cash Flow
For the Period Ending 1/29/2012
S
8 Cash from Operations:
• Net Income 18,829
0 Adjustments:
Depreciation and amortization 7,313
0 Loss(gain)on disposal of assets -
0 (Increase)decrease in assets:
Accounts receivable (2,664)
• Inventories 1,593
• Prepaid expenses 2,683
Security deposits
• Increase(decrease)in liabilities:
11 Accounts payable 22,270
Accounts payable-related parties (23,953)
IP Accrued payroll and related taxes 6,963
Accrued royalties and advertising (981)
I Taxes payable 2,837
Accrued interest
P Other accrued expenses 221
Gift cards redeemable (6,844)
Net Cash from Operations 28,267
O
ii Cash from Investing:
PP Fixed assets purchased (33,549)
• Intangible assets -
. Net Cash from Investing (33,549)
IP Cash from Financing:
i) Principal repayment
Member contribution -
Net Cash from Financing
III Increase(Decrease)in Cash (5,282)
• Beginning Cash Balance 57,661
ilk Ending Cash Balance 52,379
lir
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fi_
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illIMIIIII IIPIP • • i411. • OPiii41, 0iwii► i # • • rii4111ii11114111P00i1111
APPENDIX 0
LOCAL GOVERNMENT COMMITMENT LETTER
128
1.
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0 ^z;
0 ,b� syr �
°° S. _°= City o Okeechobee
0 0
0
i
0 February 21, 2012
i Mr. Patrick Howard
• CDBG Section
i Florida Department of Economic Opportunity
107 E.Madison Street
1 Tallahassee,Florida 32399-4120
II
i RE: Proposed FFY 2011 Community Development Block Grant (CDBG)
Economic Development Grant Application
' Dear Mr. Howard:
0 The City of Okeechobee is applying for $257,827.00 in CDBG assistance for the construction of
0 street improvements, including drainage, required to allow Applebee's Neighborhood Grill & Bar
0 operated by Gator Apple I, LLC to open a 236 seat restaurant located in the City. Gator Apple I,
LLC, the participating party to the CDBG application, will create fifteen (15) new full-time
equivalent positions of which twelve (12) or 80% will be made available to low-to-moderate
0 income residents of the City. The restaurant will create a total of fifty (50) full-time equivalent
0 positions, but only fifteen (15) are being counted for scoring purposes in the grant application.
' Applebee's Neighborhood Grill & Bar will be leasing the restaurant from In This Together 1, LLC
who purchased the land and constructed the building at a cost of$1.5 million. The address for the
job creation location is 1210 Highway 70 East, Okeechobee, Florida 34974.
0
0 The participating party, Gator Apple I, LLC will be leasing a 236 seat restaurant from In This
Together 1, LLC. Monthly lease payments are $20,000. A copy of the lease agreement in included
i in the grant application. A commitment letter from Gator Apple 1, LLC is also included within the
grant application.
0
' The CDBG grant funds that are being requested will allow the City to construct the minimum level
` of infrastructure required for the Applebee's Neighborhood Grill.& Bar restaurant facility. These
improvements consist of the following components:
0
0 Activity Number Activity Name Budget c
0 03K Street Improvements $220,994.00 cx Oei
t Preliminary Engineering $1,005.00 c D i
Basic Engineering
$18,883.00 �r`� ��
Inspection Services $11,847.00
0
)
0 55 S.E.Third Avenue•Okeechobee,Florida 34974-2903•(863)763-3372•Fax: (863)763-1686
0 129
p
•
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• 21A Program Administration $19,098.00
Additional Type D $6,000.00
' Activities
' Total Grant $257,827.00
•
A copy of a letter from the project engineer, Kimley-Horn and Associates, Inc. containing a
r breakdown of the various construction estimates is included within the grant application package.
If the CDBG funding is not forthcoming to construct the public infrastructure required for the
project, the median opening entrance to the Applebee's Neighborhood Grill & Bar will not be
' constructed. If these street improvements are not made, the City could possibly lose the opportunity
to create 15 new jobs for residents of the City. Also, the City could lose an excellent opportunity to
increase employment opportunities for area residents.
The City will be procuring the services of an engineering firm for the design of the engineering
' plans and specifications for this project. Also, additional Type D engineering-related expenses in
the amount of$6,000.00 for surveying and geotechnical testing services will be required. .
The construction of the Applebee's Neighborhood Grill & Bar complies with the local zoning
0 requirements, land development regulations, and the future land use map. This project is not
• inconsistent with the City's Comprehensive Plan and EAR-Based Amendments. The City's
' Comprehensive Plan is "silent"on the construction of a restaurant at the job creation location.
The City also commits that all infrastructure to be paid for with CDBG funds shall be undertaken on
' public property, public right-of-way, or a public or private utility easements. The City has not made
0 any commitments to this project, other than applying for the CDBG grant, which could be
considered an"inducement" for participation in the grant process.
0
All activities to be undertaken are to be paid for with the CDBG funds. At this time, the City does
not anticipate expending any non-CDBG funds on this project. However, if necessary, the City
commit to expend non-CDBG funds, if required for project completion, after the date of site visit
and prior to the submission of the administrative closeout.
The City has adequate electric, and fire protection for the Applebee's project. Also, the
Okeechobee Utility Authority (OUA) has adequate potable water and sewage treatment plant and
delivery capacity to provide adequate service to the job creation location based upon the projected
levels of employment, operational activity, and customer usage as outlined in the grant application.
There will not be any displacement or relocation of homeowners, tenants, businesses or others that
will take place as a result of this project. The building required for the Applebee's Neighborhood
Grill&Bar was recently constructed in front of the Hampton Inn.
The national objective of the CDBG program is being met through the creation of fifteen (15) new
1 full time equivalent positions, of which 12 or at least 80 percent will be made available to low-to-
moderate income residents of the City.
p
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130
p
For the purposes of documenting public benefit, if upon the completion of the project the threshold
cost per job of $35,000 has not been attained, the City also agrees to continue to track all jobs
created as a direct result of the availability of the infrastructure funded with CDBG. This tracking
will continue for a one-year period following the date of administrative closeout of the CDBG
grant. This tracking will involve the jobs created by Applebee's Neighborhood Grill & Bar as well
as any other businesses or other job-creating entities that later create jobs as a direct result of the
public infrastructure.
The City looks forward to working with the Florida Department of Economic Opportunity on the
project. If you have any questions and/or comments, please contact our grant writer, Ms. Nancy
Phillips, Nancy Phillips &Associates, at 561-432-1524.
40 y
/.'
MES E. IRK
Mayor
/nsp
C: Nancy Phillips &Associates
131
r
Kimley-Horn
and Associates, Inc.
' February 21, 2012
Mr. Brian Whitehall
City Administrator
City of Okeechobee Suite 200
55 S.E. Third Avenue 44524th Street
Okeechobee, Florida 34972 Vero Beach,Florida 32960
RE: Engineer's Certification for City of Okeechobee's
FY 2011 CDBG Economic Development Application on behalf of
' Applebee's Neighborhood Grill &Bar(Gator Apple 1,LLC)
Dear Mr. Whitehall:
In accordance with your request, I have reviewed the request for the public
' infrastructure required for the Applebee's Neighborhood Grill&Bar located at 1210
Highway 70 East.
I hereby certify that the proposed route, scope, cost and size of the components and
accouterments of the proposed street improvements to SR 70 as noted on the
attached Opinion of Cost is the minimum that is necessary to provide for the needs
of the Applebee's facility at the job creation location at 1210 Highway 70 East.
' Applebee's plans to create a total of fifteen (15) new full-time equivalent jobs as
noted in the CDBG grant application.
' In addition to the engineering, additional Type D related expenses are proposed to
be surveying and geotechnical services at a total of$6,000.00.
Please feel free to contact me if you have any questions and/or comments.
Sincerely,
' KIMLEY-HORN AN! ASSOC TES, INC.
4f Alf/
1
1 Ja es G. Vitter, II, P.E.
1
/rlsp
Attachment
1 cc:Nancy Phillips&Associates
1
1
1
1
1
•
TEL 772 794 4100
FAX 772 794 4130 K:\VRB_LDEV\147276000\CORRESP\Engineerltr.doc
132
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1
D /® Kimley-Horn James G.Vitter II,P.E.
P.E.License Number 59536
®. 1 and Associates, Inc.
. PROJECT: SR 70 Turn Lanes PROJECT#: 147276000
CLIENT: Gator Apple I, LLC FDOT Driveway Connection Permit App.#
Thursday, February 16, 2012
• FINAL OPINION OF PROBABLE CONSTRUCTION COSTS
Roadway in FDOT Right of Way
. Proposed Improvements for SR70
Left turn lanes in the City of Okeechobee
"The Engineer has no control over the cost of labor,materials,equipment or services furnished by others,or over the Contractor's methods of
. determining prices,or over competitive bidding or market conditions. Opinions of probable costs provided herein are based on the information known to
the Engineer at this time and represent only the Engineer's judgment as a design professional familiar with the construction industry. The Engineer
cannot and does not guarantee that proposals,bids,or actual construction costs will not vary from its opinion of probable costs."
PAY DESCRIPTION UNIT PROJECT UNIT PROJECT
. ITEM NO. QUANTITY COST COST
101-1 Mobilization LS 1 $22,000.00 $22,000
II 102-1 Maintenance of Traffic - LS 1 $30,000.00 $30,000
104-2 Prevention,control&Abatement of Erosion and Water Pollution LS 1 $3,000.00 $3,000
Utility relocations and adjustments LS 1 $5,000.00 $5,000
IP
110-1-1 Clearing&Grubbing LS 1 $10,500.00 $10,500
160-4 Type'B'Stabilization(12"Z SY 785 $3.10 $2,434
. 285-709 - Optional Base(Base Group 9) SY 515
6,158 $16.00 $8,240
327-70.1 Milling Ebsting Asph Pavt 1'Avg Depth SY ,158 $2.25 $13,856
ID 334-1-13 Type SP(12.5)Structural Course(TRC)2.0" TN 57 $105.00 $5,985
337-7-32 Type FC(9.5)Friction Course(TRC)1" TN 369 $115.00 $42,435
339-1-A Textured Asphalt Pavement SY 239 $30.00 $7,170
520-1-10 Conc.Curb&Gutter(Type F) LF 71 $17.00 $1,207
520-2 4 Conc.Curb&Gutter(Type D) LF 1,197 $14.00 $16,758
526-1-2 Pavers - SY 203 $95.00 $19,205
570-1-2 Sodding{Bahia) SY 60 $1.70 $102
580-1-1 Landscape LS 1 $5,000.00 $5,000
I
706-3 Reflective Pavement Markers EA 32 $5.00 $160
710-11-190 Reflective White Paint SF 3.5 $2.80 $10
ID 710-11-290 Reflective Yellow Paint SF 5.5 $1.70 $9
711-11-121 Thermoplastic,STD,White,Solid 6" LF 4,366 $1.00 $4,366
I 711-11-123 Thermoplastic,STD,White,Solid 12" LF 497 $2.00 $994
711-11-124 Thermoplastic,STD,White,Solid 18" LF 39 $2.85 $111
711-111-25 Thermoplastic,STD,White,Solid 24" LF 35 $3.75 $131
711-11-170 Thermoplastic,STD,White,Arrow EA 9 $54.25 $488
711-11-221 Thermoplastic,STD,Yellow,Solid 6" LF 1,722 $1.00 $1,722
ID 711-11-224 Thermoplastic STD,Yellow,Solid 18" LF 13 $2.40 $31
SUBTQTAt";CbST : :' :::` -,:' :$200,994'
IPAY DESCRIPTION UNIT PROJECT UNIT PROJECT
I ITEM NO. QUANTITY COST COST
Design Engineering LS 1 $31,735.00 $31,735
Geotechnical Investigation LS 1 $3,000.00 $3,000
Survey and As-Built LS 1 $3,000.00 $3,000
Stir$TQTAL'COS'�= '. $37;735.
III RROJECTTQTA cO8T•r.:' .: `:$238,729
S Note:
111 Irrigation estimate was based upon conceptual Roadway Plans dated 2/10/2012.
Irrigation was not included
le
S
• r .
S
S
S
S
S
• 133
III
• • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • . • • 11
Engineering: COMBINATION TABLE I & II ACTIVITIES -When Construction Falls Under Both Tables
TABLE I TABLE I-A TABLE II TABLE II-A
Lower$x00,000 Table Amount $200,000.00 ., , .a1 120°10: 6.30% 9.40% 5.90%
Higher$x00,000 Table Amount $300,000.00,,; '' ;G 0% ;5'.80% 8 90% 5.30%
Est/Actual Construction Cost • yF; s ,;!;'eta.r: '1'1:19%* 630% 9.40% 5.89%
TABLE I ACTIVITIES COST $0.00 Table Ill-A Prorated Amount: $0.00
TABLE II ACTIVITIES COST $200,994.00 Table II/11-A Prorated Amount: $30,730.11
Estimated Construction: $200,994.00
Maximum Basic& Insp. From CDBG: $30,730.11
Maximum Prelim Engr from CDBG: $1,004.97
MAXIMUM BASIC, INSPECTION & PRELIM ENGR TO BE FUNDED BY CBDG = $31,735.08
(Does not include additional engineering services as defined by state program rule.)
- - basic
Res. Insp. Fee
Net Construction Fee Table I- Table II Res. Insp. Fee
Cost($) Basic Fee Table I% A(%) (%) Table II-A(%)
100,000 12.30% 6.90% 10.10% 6.50% Basic Fee $18,883.45
200,000 11.20% 6.30% 9.40% 5.90% Inspection $11,846.66
300,000 10.40% 5.80% , 8.90% 5.30% $30,730.11
400,000 10.00% 5.50% 8.50% , 4.90%
500,000 9.60% 5.30% 8.20% 4.70%
600,000 9.20% 5.10% 7.90% 4.60%
700,000 8.90% 4.85% 7.70% 4.35%
800,000 8.60% 4.60% 7.50% 4.10%
900,000 8.40% - 4.35% 7.30% 3.95%
1,000,000 8.20% 4.10% 7.20% 3.80%
2,000,000 7.80% 3.50% 6.80% 2.90%
3,000,000 7.40% 3.10% 6.40% 2.40%
4,000,000 7.10% 3.00% 6.10% 2.20%
5,000,000 6.80% 2.80% 5.90% 2.00%
7,500,000 6.60% 2.70% 5.70% 1.95%
10,000,000 5.90% 2.50% 4.60% 1.80%
15,000,000 6.10% 2.30% 5.20% 1.60%
20,000,000 5.90% 2.20% 5.10% 1.45%
i
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rw: JOnLdcau".,, -------.,
From: Jim.Vitter<Jim.Vitter @kimley-horn.com>
To: keith<keith @kitepropertiesllc.com>;vmartin<vmartin@gatorapple.com>; bwhitehall
<bwhitehall @cityofokeechobee.com>; nsp920<nsp920 @aol.com>
Subject: FW:Job Creation Grant Project,SR 70 in Okeechobee Florida(Section 91070000,MP: 10.15- 10.33)
II Date: Fri, Feb 3,2012 1:09 pm
Nancy,
or
It See below for the conceptual approval from FDOT. Will this be sufficient?
r Jim
James G.Vitter II, P.E. (FL)
Kimley-Horn and Associates, Inc.
445 24th Street
P. Suite 200
Vero Beach, FL 32960
Direct-772-794-4043
Fax-772-794-4130
Mobile-772-559-9737
r
9
From:Clark, Mark[mailto:Mark.Clark @dot.state.fl.us]
IC Sent:Thursday,February 02,2012 2:00 PM
To:Vitter,Jim;nick.morra @kimley-horn.com
Cc:Lazenby,Ryan
Subject:Job Creation Grant Project,SR 70 in Okeechobee Florida(Section 91070000,MP: 10.15-10.33)
0 A meeting was held on January 31, 2011, at the FDOT's District One Office in Bartow Florida.The
stipulations agreed to during the meeting were based upon conceptual information provided to
the department at the time of the meeting and are subject to change pending any changes to
the development plans for the property, changes to the existing state roadway system, or
changes to the department's standards or specifications that could impact the development of
said property.
• This portion of SR 70 has an Access Management Classification of 7 with a posted speed of
35 mph. The established minimum spacing standard is 125 feet between existing
connections, 330 feet for directional median openings, 660 feet for full median openings
and 1320 feet for signals.
• This meeting was held to provide FDOT an opportunity for a preliminary review of
proposed roadway improvements on SR 70 between SE 10th Avenue and SE 13th Avenue.
• Mr.James Vitter of Kimley-Horn &Associates described the proposal,explaining the
project would be to add a left in directional median opening that lines up with the joint use
access for the Hampton Inn and the post office. Mr.Vitter explained this work will be part
of a job creation grant that the City of Okeechobee will be applying for and that the
deadline for this submittal would be in early February.
135
ill
http://mail.aol.com/35478-211/aol-6/en-us/mail/PrintMessage.aspx 2/12/2012
rw: JOE ureaUoI1 lliaii�i iv�w�, �,.. , ... �... ..... ... . . ....��..�.a.,.....,, .... . .... . �5. .,�
• Mr. Nick Mora of Kimley-Horn &Associates explained the directional median opening
being proposed would either meet or be very close to meeting FDOT spacing requirements.
Mr. Mora also explained the construction of the directional median opening would require
reconfiguring the eastbound left turn lane at the median opening that aligns with SE 13th
Avenue.This reconfiguration would be required to build the deceleration lanes and median
openings to current FDOT standards.
• Ryan Lazenby of FDOT stated the improvements to the eastbound left turn lane at the
median opening that aligns with SE 13th Avenue would help facilitate U-turn traffic created
by the developments in this area and provide a safer and more efficient movement at this
location.
• FDOT would recommend the scope of work for this project be expanded to include the
west bound left turn deceleration lane for the full median opening at SE 10th Avenue.This
deceleration lane is also relevant to the development traffic in this area and bringing the
lane to current FDOT standards would provide safer and more efficient movement at this
location and enhanced the through movement on SR 70.
• Ryan Lazenby of FDOT explained the department is conceptually agreeable to the
proposal, however a conceptual plan with supporting traffic analysis must be reviewed
before the department can determine if the requested directional median opening can be
allowed at the requested location.
• Following conceptual approval (if granted)a driveway connection permit will be required.
• Per F.A.C. 14-96.003(4): "Traffic control features and devices in the right of way such as
traffic signals, channelizing islands, medians, median openings,and turn lanes are
operational and safety characteristics of the State Highway System and are not means of
access. The Department may install, remove,or modify any present or future traffic
control feature or device in the right of way to promote traffic safety in the right of way or
promote efficient traffic operations on the highway. A connection permit is only issued for
'4 connections and not for any present of future traffic control devices at or near the
r... permitted connections. The permit may describe these features and/or devices, but such
description does not create any type of interest in such features."
Please respond to this e-mail within five (5) business days if you believe the information
, , . p O Y Y
provided above does not accurately summarize the meeting. If there are no comments or
suggested changes,the above meeting notes will be considered as acceptable.
Mark Clark
Access Management Specialist
Florida Department of Transportation
° District One,Southwest Area Office
SWIFT SunGuide Center
10041 Daniels Parkway, Fort Myers, FL 33913
(239)461-4300, Fax: (239) 338-2353
mar k.clark @cot.state.fl.us
:>T 136
http://mail.aol.com/35478-211/aol-6/en-us/mail/PrintMessage.aspx 2/12/2012
• w - • • • _ - _ • - V V V V V W W W w w w w w w w w w w w w .. .. . . . . . -,
City of Okeechobee Full Time Employee Listing as of 02/13/2012
Prepared by the Finance/Payroll Dept.
EMPLOYEE RACE FULL DATE JOB
NAME PT EMPLOYED TITLE
Public Works Department
ROBERTS, MARVIN BLACK FULL 7/7/00 iMAINTENANCE OPERATOR
ROBERTSON, DONNIE WHITE FULL 5/15/00 DIRECTOR OF PUBLIC WORKS
LAMB, CLEAVELAND WHITE FULL 6/26/73 MAINTENANCE FOREMAN
PADGETT, BRIAN WHITE FULL 11/5/99 MAINTENANCE OPERATOR
GOULD, CLINT WHITE _ FULL 4/15/02 MAINTENANCE OPERATOR
TREECE, JEFFREY WHITE _ FULL 5/9/11 MAINTENANCE OPERATOR
ASHWORTH, MICHAEL WHITE FULL 1/3/12 MAINTENANCE OPERATOR
Fire Department i 1
RODRIGUEZ, LALO HISPANIC FULL ' 11/27/07 FIRE FIGHTER
SMITH, HERB WHITE FULL 2/3/92 !FIRE CHIEF/CODE OFFICER
DOUGLAS, BILLY WHITE FULL 3/20/84 ASSISTANT CHIEF
BAUGH, JEFF WHITE FULL 6/29/87 FIRE LIEUTENANT/EMT/INSPECTOR
HODGES, GLENN WHITE FULL 6/17/94 I FIRE LIEUTENANT
N
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V
Page 1 of 3
r" I •le • t41111 i,ll`IP 1PMMWIPlrIllrIPli O iOi0IP • i • iifio
City of Okeechobee Full Time Employee Listing as of 02/13/2012
Prepared by the Finance/Payroll Dept.
EMPLOYEE RACE FULL DATE JOB
NAME PT EMPLOYED TITLE
CONROY, PHIL WHITE FULL 5/31/94 I FIRE FIGHTER/EMT
CHRISTOPHER, SUE WHITE FULL 10/18/99 ADMINISTRATIVE SECRETARY
CRUM, ADAM WHITE _ FULL 6/11/03 FIRE FIGHTER/EMT
WEEKS, STEVE - WHITE _ FULL 11/01/2006 FIRE FIGHTER/EMT
BRYDEBELL, MITCH WHITE FULL 2/16/07 FIRE FIGHTER
WOOTEN, JOHN WHITE FULL 10/1/07 FIRE FIGHTER
SKIPPER, MICHAEL T. WHITE FULL 9/18/10 FIRE FIGHTER
SANDERS, JOSHUA WHITE FULL 12/16/10 FIREFIGHTER
Police Department
ALMAZAN, AURELIO HISPANIC FULL 9/5/08 'DISPATCHER
1-, GARCIA, TERISA HISPANIC FULL 6/7/85 POLICE SERVICES COORDINATOR
o REYNA, BALIN HISPANIC FULL 2/9/2004 POLICE OFFICER
ROMERO, CESAR HISPANIC FULL 9/25/2006 DISPATCHER
DAVIS,DENNY WHITE _ FULL 8/24/86 POLICE CHIEF
SAUM, BILL WHITE FULL 4/24/81 {POLICE DETECTIVE
ZEIGLER, JP WHITE FULL I 1/10/89 POLICE DETECTIVE
HAGAN, DONALD _ WHITE FULL 11/22/96 POLICE LIEUTENANT
TAYLOR, BETTYE WHITE FULL 4/3/96 POLICE DETECTIVE
PETERSON. BOB WHITE FULL 12/27/96 MAJOR
TARNER, TOM WHITE _ FULL 2/24/97 POLICE SERGEANT
WENDT, DAWN WHITE _ FULL 5/1/00 POLICE SERGEANT
EDDINGS, PHIL(SKIP) WHITE FULL 9/24/2003 POLICE OFFICER
LANIER, JEANNA WHITE FULL 9/16/2003 RECORDS CLERK
BERNST, JUSTIN WHITE FULL 10/15/2004 POLICE SERGEANT
CALE, RUSSELL WHITE I FULL 4/8/2005 POLICE OFFICER
Page 2 of 3
City of Okeechobee Full Time Employee Listing as of 02/13/2012
Prepared by the Finance/Payroll Dept.
EMPLOYEE RACE FULL DATE JOB
NAME PT EMPLOYED TITLE
GREEN, DANNY i WHITE FULL 11/11/2005 i POLICE OFFICER
WILKERSON, PAM WHITE FULL 9/19/2005 DISPATCHER
BOON, JACK WHITE FULL 12/9/2005 POLICE OFFICER
MARGERUM, KELLEY WHITE FULL 5/17/2006 POLICE OFFICER
PICKERING, JAMES WHITE FULL 3/6/2006 POLICE OFFICER-DRUG TASK FORCE
TROUTMAN, CHAD WHITE FULL 8/2/2006 POLICE OFFICER
MORGAN, ROBERT SCOTT WHITE FULL 2/16/07 POLICE OFFICER
HOLROYD, RYAN WHITE FULL 2/16/07 POLICE OFFICER
PARZYGNAT, LARRY WHITE FULL 2/16/07 POLICE OFFICER
w
GILLIS GOMEZ, BRANDI L. WHITE FULL 10/23/09 DISPATCHER
a
I
Administrative Dept including Finance& General Services
WHITEHALL, BRIAN WHITE FULL 6/1/2005 CITY ADMINISTRATOR
BROCK, ROBIN WHITE FULL 11/3/00 EXECUTIVE SECRETARY _
RIEDEL, INDIA WHITE I FULL 11/07/2005 FINANCE DIRECTOR _
PIPPIN, NATHAN _ WHITE FULL 5/23/11 ACCOUNT CLERK _
BARNES, KIM WHI TE FULL 10/20/2003 ADMIN SEC/BUS TAX/IT
BURNETTE, PATRINA WHITE FULL 7/18/2006 GENERAL SERVICES CO-ORDINATOR
t"„I'.E44 x,• ppz _ �.,. '.�7^ } F >F2 j 3 tr ' '`f K" :; 4 i..t'' 44$`u�,' 1f66 aH'
GAMIOTEA, LANE WHITE _ FULL 7/14/89 CITY CLERK
EDDINGS, MELISA WHITE FULL 8/27/04 ,DEPUTY CLERK
Page 3 of 3
1
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STATE OF FLORIDA
k. LOCAL AREA UNEMPLOYMENT STATISTICS BY COUNTY
(NOT SEASONALLY ADJUSTED)
DECEMBER 2011 NOVEMBER 2011 DECEMBER 2010
LABOR EMPLOY- UNEMPLOYMENT LABOR EMPLOY- UNEMPLOYMENT LABOR EMPLOY- UNEMPLOYMENT
COUNTY FORCE MENT LEVEL RATE(%) FORCE MENT LEVEL RATE(%) FORCE MENT LEVEL RATE(%)
ALACHUA 129725 119904 9821 7.6 131686 121403 10283 7.8 130995 119952 11043 8.4
BAKER 12390 11103 1287 10.4 12340 11080 1260 10.2 12250 10868 1382 11.3
BAY 88406 79499 8907 10.1 88095 79304 8791 10.0 89391 78826 10565 11.8
BRADFORD 12554 11485 1069 8.5 12606 11513 1093 8.7 12602 11344 1258 10.0
BREVARD 259246 231220 28026 10.8_ 260548 231657 28891 11.1 266031 234086 31945 12.0
BROWARD 978951 894687 84264 8.6 981823 894605 87218 8.9 985607 885009 100598 10.2
CALHOUN 6291 5787 504 _ 8.0 6321 5813 508 8.0 6231 5644 587 9.4
CHARLOTTE 69576 62636 6940 10.0 69358 62182 7176 10.3 69889 61424 8465 12.1
CITRUS 57449 51191_ 6258_ 10.9 57932 51513 6419 11.1 58093 50625 7468 12.9
° CLAY 95851 87700 8151 8.5 96024 87517 8507 8.9 96322 85841 10481 10.9
COLLIER 143164 129546 13618 9.5, 142802 128458 14344 10.0 146500 129632 16868 11.5
COLUMBIA 30602 27673 2929 9.6 30684 27650 3034 9.9 30788 27431 3357 10.9
DESOTO 15655 14178 1477 9.4_ 13898 12329 1569_ 11.3, 15770 14132 1638 10.4
DIXIE 5764 5105 659 11.4 5801 5114 687 11.8 5847 5106 741 12.7
DUVAL 445530 403034 42496 9.5 446343 402189 44154 9.9 445432 394488 50944 11.4
ESCAMBIA 136748 123236 13512 9.9 137980 124013 13967 10.1 139916 124037 15879 11.3
FLAGLER 32053 27590 4463 13.9 32683 28073 4610 _ 14.1 33254 28047 5207 15.7
FRANKLIN 5336 4905 431 8.1 5407 4979 428 7.9 5185 4717 468 9.0
GADSDEN 21259 19163 2096 9.9 21268 19220 2048 9.6 21194 18854 2340 11.0
GILCHRIST 7702 6954 748 9.7 7789 7041 748 9.6 7757 6956 801 10.3
GLADES 6075 5614 461 7.6 6049 5566 483 8.0 5759 5239 520 9.0
GULF 6054 5443 611 10.1 6073 5473 600 9.9 6208 5476 732 11.8
HAMILTON 4553 4008 545 12.0 4372 3828 544 12.4 4600 4058 542 11.8
HARDEE 13107 11942 1165 8.9 12074 10819 1255 10.4 13363 11921 1442 10.8
SOURCE: Florida Department of Economic Opportunity, Labor Market Statistics Center, Local Area Unemployment Statistics Program, in
cooperation with the U.S. Department of Labor, Bureau of Labor Statistics.
, ` - STATE OF FLORIDA
s : � , rr,'/ �PP r LOCAL AREA UNEMPLOYMENT STATISTICS BY COUNTY
d �% '1° ''� - - (NOT SEASONALLY ADJUSTED)
t 431,4 + ` YiER 2011 NOVEMBER 2011 DECEMBER 2010
.'e ;iU•fiEMPLOYMENT LABOR EMPLOY- UNEMPLOYMENT LABOR EMPLOY- UNEMPLOYMENT
COUNTY FORte ', '
� ,��at�����. ",, IMEMI FORCE MENT LEVEL RATE(%) FORCE MENT LEVEL RATE(%)
17256 4a ;: 16943 14403 2540 15.0 17712 15037 2675 15.1
HENDRY �.�r � x
HERNANDO - 62895 i t::' • i ;r 70,, 12.7 63133 54863 8270 13.1 62723 53474 9249 14.7
HIGHLANDS . 40317 #tl+� K . " + • 39200 34778 4422 11.3 42720 37803 4917 11.5
x_i. ,� 600791 541658 59133 9.8 598021 527947 70074 11.7
HILLSBOROUGH 599437 542269r ,;°F _
HOLMES 8715 8050 b. 8730 8042 688 7.9 8849 , 8063 786 8.9
INDIAN RIVER 62347 55253 61907 54479 7428 12.0 , 62608 54022 8586 13.7
JACKSON 22494 20690 18 8.0 22513 20674 1839 8.2 22238 20284 1954 8.8
JEFFERSON 6610 6047 S63 6643 6065 578 8.7 6683 5949 734 11.0
LAFAYETTE 2973 2740 233 7.8 2973 2743 230 7.7 3030 2763 267 8.8
LAKE 136508 122944 13564:' 136816 122970 13846 10.1 138178 121458 16720 12.1
N
;' LEE 271425 243805 27620 • 272828 244118 28710 10.5 275835 241175 34660 12.6
LEON 148394 137081 11313 149438 137487 11951 8.0 147497 134870 12627 8.6
LEVY 17220 15468 1752 10.2 17314 15517 1797 10.4 17302 15226 2076 12.0
LIBERTY 3930 3682 248 6.3 3985 3720 265 6.6 3943 3647 296 7.5
MADISON 6803 6012 791 11.6 6860 6051 809 11.8 6978 6160 818 i 11.7
MANATEE 139867 126157 13710 9.8 140844 126476 14368 10.2 141982 124712 17270 12.2
MARION 131250 116023 15227 11.6 132557 116866 15691 11.8 133706 115166 18540 13.9
MARTIN 62926 56789 6137 9.8 63246 56763 6483 10.3 64498 56994 7504 11.6
MIAMI-DADS 1311175 1176023 135152 10.3 1305232 1181871 123361 9.5 1303792 1132600 171192 13.1
MONROE 45509 42696 2813 6.2 45251 42345 2906 6.4 45540 42114 3426 7.5
NASSAU 36396 33114 3282 • • 36374 33044 3330 9.2 36609 32412 4197 11.5
OKALOOSA 97196 90 98195 91081 7114 7.2 94781 86669 8112 8.6
ORANGE 599904 543570 56334 9.4 601855 543685 58170 9.7 606203 537000 69203 11.4
SOURCE: Florida Department of Economic Opportunity, Labor Market Statistics Center, Local Area Unemployment Statistics Program, in
cooperation with the U.S. Department of Labor, Bureau of Labor Statistics.
!AD AO I. qi 0 40 gi e le . ipericeivoiefoossossiotootoicaoso 1 Soil
STATE OF FLORIDA
LOCAL AREA UNEMPLOYMENT STATISTICS BY COUNTY
(NOT SEASONALLY ADJUSTED)
DECEMBER 2011 NOVEMBER 2011 DECEMBER 2010
LABOR EMPLOY- UNEMPLOYMENT LABOR EMPLOY- UNEMPLOYMENT LABOR EMPLOY- UNEMPLOYMENT
COUNTY FORCE MENT LEVEL RATE(%) FORCE MENT LEVEL RATE(%) FORCE MENT LEVEL RATE (%)
OSCEOLA 140418 125451 14967 10.7 140876 125478 15398 10.9 141756 123935 17821 12.6
PALM BEACH - 618909 558880 60029 9.7 617844 555446 62398 10.1 623489 550913 72576 11.6
PASCO 196884 174782 22102 _ 11.2 197120 174586 22534 11.4 196003 170166 25837 13.2
PINELLAS 442670 399461 43209 9.8 443422 399011 44411 10.0 - 441517 388911 52606 11.9
POLK 269551 240809 28742 10.7 270494 240607 29887 11.0 275961 241300 34661 12.6
PUTNAM 32462 28685 3777 11.6 32569 28822 3747 11.5 33161 28933 4228 12.7
ST.JOHNS 98347 90216 8131 8.3 98379 90027 8352 8.5 97624 88303 9321 9.5
ST. LUCIE 123209 108561 14648 11.9 123776 108511 15265 12.3 126669 108952 17717 14.0
SANTA ROSA 70103 63718 6385 9.1 70603 64121 6482 9.2 71127 64133 6994 9.8
SARASOTA 159387 143756 15631 9.8 160300 144120 16180 10.1 161041 142111 18930 11.8
SEMINOLE 236856 216360 20496 8.7 237475 216405 21070 8.9 238902 213744 25158 10.5
SUMTER 34729 32075 2654 7.6 34810 32052 2758 7.9 34008 30894 3114 9.2
N
4' SUWANNEE 17822 16163 1659 9.3 18010 16315 1695 9.4 18262 16328 1934 10.6
N
TAYLOR 9284 8347 937 10.1 9302 8351 951 10.2 9246_ 8164 1082 11.7
UNION 5208 4796 412 7.9 5250 4820 430 8.2 5332 4854 478 9.0
VOLUSIA 251540 226120 25420 10.1 252570 226450 26120 10.3 252396 221461 30935 12.3
WAKULLA 16862 15582 1280 7.6 16913 15628 1285 7.6 16726 15331 1395 8.3
WALTON 29546 27344 2202 7.5 30054 27845 2209 7.4 29739 27079 2660 8.9
WASHINGTON 9732 8717 1015 10.4 9762 8716 1046 10.7 9947 8697 1250 12.6
FLORIDA
NOT SEASONALLY ADJUSTED
1 9198000 8305000 893000 9.7 9212000 8305000 907000 9.8 9253000 8170000 1082000 11.7
SEASONALLY ADJUSTED
I 9233000 8320000 913000 9.9 9229000 8303000 927000 10.0 9280000 8170000 1111000 12.0
SOURCE: Florida Department of Economic Opportunity, Labor Market Statistics Center, Local Area Unemployment Statistics Program, in
cooperation with the U.S. Department of Labor, Bureau of Labor Statistics.
rill ar , lirAP +P ire ive i"i"ere.,gi.i° e. °" . �' `;
STATE OF FLORIDA
LOCAL AREA UNEMPLOYMENT STATISTICS BY COUNTY
(NOT SEASONALLY ADJUSTED)
DECEMBER 2011 NOVEMBER 2011 DECEMBER 2010
LABOR EMPLOY- UNEMPLOYMENT LABOR EMPLOY- UNEMPLOYMENT LABOR EMPLOY- UNEMPLOYMENT
COUNTY FORCE MENT LEVEL RATE(%) FORCE MENT LEVEL RATE(%) FORCE MENT LEVEL RATE(%)
UNITED STATES
NOT SEASONALLY ADJUSTED
1153373000 140681000 12692000 8.3 153683000 141070000 12613000 8.2 153156000 139159000 13997000 9.1
SEASONALLY ADJUSTED
153887000 140790000 13097000 8.5 153937000 140614000 13323000 8.7 153613000 139220000 14393000 9.4
RELEASED JANUARY 20,2012
NOTE:items may not add to totals or compute to displayed percentages due to rounding. All data are subject to revision.
w
SOURCE: Florida Department of Economic Opportunity, Labor Market Statistics Center, Local Area Unemployment Statistics Program, in
cooperation with the U.S. Department of Labor, Bureau of Labor Statistics.