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HomeMy WebLinkAbout2009 CON CDC Donald Graham / Lola Happy Bakery - Economic Development LoanECONOMIC DEVELOPMENT LOAN AGREEMENT THIS ECONOMIC DEVELOPMENT LOAN AGREEMENT [AGREEMENT], is made between The Community Development Commission (CDC) [OWNER] of the City of National City, a Redevelopment Agency, and Donald Graham doing business as Lola Happy Bakery, [BUSINESS OWNER], located at 3142 E. Plaza Blvd., National City, CA, 91950, on October 6, 2009, to participate in the ECONOMIC DEVELOPMENT Loan Program. RECITALS 1. The CDC desires to stimulate private investment in the City's Commercial Districts. 2. The CDC believes that investment on improvements visible to customers, neighboring merchants, and residents will beautify the commercial corridors and increase the volume of business by making the districts and individual businesses more attractive and profitable. 3. The CDC has adopted and established an Economic Development Loan Program [EDLP] to assist business owners to improve their businesses located in the Redevelopment Project Area of the City of National City. The EDLP provides financial incentives to enhance the economic viability of businesses, promote commercial business opportunities, encourage investments by property owners and commercial tenants, and grow the business's taxable sales resulting in economic stimulus to the City. 4. BUSINESS OWNER seeks to participate in the EDLP to implement new equipment, restore marketing and advertising program, implement new signage, and complete interior improvements. 5. The CDC has determined that the business subject to this AGREEMENT is located in the Redevelopment Project Area, has completed the SDSU Technical Assistance Program and is eligible to participate in the Program. 6. The CDC has entered into an agreement with the National City Chamber of Commerce to administer the EDLP. The National City Chamber of Commerce, as an agent of the CDC, will administer and manage the program on behalf of the CDC. The National City Chamber of Commerce will act as the designated representative in this Agreement. 7. As a condition of receiving the funds, BUSINESS OWNER(s) shall execute, among other things, this AGREEMENT, a promissory note, and a security agreement, which security agreement shall be recorded against the Business Property. These instruments are intended to secure CDC'S continuing interest in the condition of the Business, as well as the secure performance of other covenants contained in these AGREEMENTS. NOW, THEREFORE, in consideration of the recitals and the mutual obligations of the parties as herein expressed, the CDC and the BUSINESS OWNER(s) agree as follows: EDL Agreement Lola Happy Bakery Page 1 of 10 AGREEMENT I. DEFINITIONS The following terms shall have the following meanings whenever used in this AGREEMENT, except where the context clearly indicates otherwise. Any ambiguity as to the intended meaning or scope of the terms set forth below will be resolved solely by the CDC through its designated representative. Completion Date is defined as the date that the contractor has finished the business improvements per the AGREEMENT and Scope of Work and to the satisfaction of the CDC, as evidenced by final inspection and sign off by the CDC or its agent administering this program. Parcel is defined as the unit of real property as identified within the County Recorder's documents. Program Manager is defined as the designated representative for the CDC's Economic Development Loan Program. Project, also known as Economic Development Loan Project, is defined as the total business improvements made to the business/ property outlined in the Scope of Work, attached as Exhibit "A", and approved by the Program Manager. Total Cost Expenditure is defined as the total actual costs incurred by and paid for completing the project. Contractor is defined as a contractor selected through the bidding process to complete the business improvements per this AGREEMENT. Participant is defined as the Property and/or BUSINESS OWNER of the property to which the business improvements are made. BUSINESS OWNER(s) is defined as the person(s) on Title on the business's Fictitious Business Name Statement recorded with the Office of the County Clerk/ Recorder, County of San Diego. Owner is defined as the Community Development Commission (CDC). CDC is defined as the Community Development Commission of National City, and its authorized representatives, officers, officials, directors, employees and agents. AGREEMENT is defined as this AGREEMENT entered into between the CDC and BUSINESS OWNER(s). EDL Agreement Lola Happy Bakery Page 2 of 10 Note (the NOTE) is defined as the certain promissory note in the total principal amount of Fifteen Thousand Dollars ($15,000) to be executed by BUSINESS OWNER(s) in favor of the CDC, evidencing all or any part of the funds, which is secured by the security agreement as well as any amendments thereto, modifications thereof or restatements thereof. The terms of the NOTE are hereby incorporated into this AGREEMENT by this reference. Business Property is defined as the pledged collateral by the BUSINESS OWNER(s) to the CDC as security for debt repayment. Security Agreement is the agreement for security for the assistance by BUSINESS OWNER(s), as well as any amendments to, modifications of, and restatements of said Security Agreement. The terms of the Security Agreement are hereby incorporated into this AGREEMENT by this reference. II. PROPERTY/ BUSINESS OWNER(S) RESPONSIBILITIES 1. The Business Owner shall sign the EDL Program Application and submit to the Program Manager by October 6.2009. 2. The BUSINESS OWNER(s) shall meet with the Program Manager to discuss the business improvement work to be completed, per this AGREEMENT by October 6.2009. 3. The BUSINESS OWNER(s) shall sign this AGREEMENT and agrees to the Scope of Work attached as Exhibit "A" and by this reference made part of this AGREEMENT. The Scope of Work outlines the Economic Development Loan Project and itemizes approved costs based on the lowest bids, attached as Exhibit «B» 4. The BUSINESS OWNER(s) shall be responsible for hiring the contractor from the bid process to complete the improvement work. 5. BUSINESS OWNER(s) agrees to maintain the business improvements made pursuant to this AGREEMENT in good condition, and to repair or replace any damage that occurs to the improvements, for a period of five (5) years following the completion date of the improvements. 6. BUSINESS OWNER(s) shall maintain an inviting, clean, and attractive business environment, satisfactory to and in the sole determination of the CDC. 7. BUSINESS OWNER(s) shall report annual statistics on property/ business investment, sales tax, and job creation to the CDC of National City. See attached Exhibit "C" for a report on 2006-2007 Data. 8. BUSINESS OWNER(s) shall, whenever possible, hire local contractors to EDL Agreement Lola Happy Bakery Page 3 of 10 perform business improvement work and hire local employees. The BUSINESS OWNER(s) shall keep in full force and effect, during any and all work performed pursuant to this AGREEMENT, Comprehensive General Liability insurance in the amount not less than $1,000,000. BUSINESS OWNER(s) shall provide proof of insurance concurrent with execution of this AGREEMENT. III. CDC'S RESPONSIBILITIES The Program Manager shall meet with the BUSINESS OWNER(s) to discuss scope of work for the business improvements. 2. The CDC shall reimburse the BUSINESS OWNER for improvement work undertaken pursuant to this AGREEMENT, pursuant to a reimbursement process. a. Loan funds will be distributed on a reimbursement basis for qualifying and eligible expenses per this AGREEMENT. BUSINESS OWNER(S) must submit all required reimbursement forms, supplemental and supportive materials to the satisfaction of the CDC. b. The Program Manager will review the receipts submitted, and other supporting documents and conduct a walk through of the business to make sure that all work was completed in accordance with the Scope of Work in Exhibit "A" c. if all obligations under this AGREEMENT have been met to the satisfaction of the CDC, CDC will issue full reimbursement payment within forty-five days of final review and approval of the reimbursement request. IV. LOAN TO BUSINESS OWNER(S) l . The CDC agrees to Loan the BUSINESS OWNER Fifteen Thousand Dollars ($15,000) for the purpose of improving the business 3142 E. Plaza Blvd., National City, CA, 91950, consistent with the terms of this AGREEMENT. The Loan is secured by a NOTE and Security Agreement, and is subject to repayment to the CDC if the BUSINESS is sold, leased, conveyed, refinanced, vacated, transferred, assigned, alienated, or hypothecated within five (5) years from the Completion Date of the improvements. 2. The NOTE is incorporated herein by reference. 3. The Note shall he secured by a Security Agreement, which is incorporated herein by reference, and recorded against the pledged BUSINESS PROPERTY. EDI. Agreement Lola Happy Bakery Page 4 of 10 V. CONDITIONS OF LOAN / LIEN 1. BUSINESS OWNER(S) AND CDC agree that if the improvements detailed in the Scope of Work, attached as Exhibit "A", on the BUSINESS commonly known as Lola Happy Bakery located at 3142 E. Plaza Blvd., National City, CA, 91950, are maintained for at least five (5) years from the Completion Date of the improvements, the Loan will be forgiven and BUSINESS OWNER(S) shall not be required to repay the loan to the CDC. However, should the BUSINESS be sold, hypothecated, vacated, leased, transferred, assigned, or alienated on or before five (5) years from the Completion Date of the improvements, this Loan shall be repayable in full by the BUSINESS OWNER(S) to CDC, upon demand, with interest, at the option of the CDC. 2. Interest shall be calculated at 8.5 % per annum simple interest retroactive to the date of the Loan. Unless BUSINESS OWNER(S) has complied with the terms of the AGREEMENT, the Loan identified shall constitute a lien upon the Business in the amount of the loan plus interest computed. 3. BUSINESS OWNER(S) has pledged 1998 Econoline 350 Van- VIN # FTSE34L5WHB90517,estimated at $5.000; True 3 door display refrigerator - serial number 491046 estimated at $3,000; True 2 door Display refrigerator - serial number 1-2675993 estimated at $1,500; Hobart 3 Door refrigerator - serial number 32282257 estimated at $2,500; Hobart Large Mixer -serial number 11412305 valued at $5,500; Frigidaire Lift Top Freezer 19.2 cubic inches- serial number WB73629467, estimated at $500; Budget ovens estimated at $6,000; Duke Steam Table- serial number 10060933 estimated at $3,500; with a total collateral value of approximately $27,500, as loan collateral. VI. DEFAULT A failure to use the funds received for work agreed upon in this AGREEMENT, or any violation of any of the terms of this AGREEMENT, shall constitute a breach of the AGREEMENT. CDC staff shall send a letter to the borrower in the case of default on the loan account or a breach of contract and shall require the deficiency, default, or breach be cured within 30 days. If the breach, default, or deficiency is not cured in this time frame, then the City Attorney's Office may, at its discretion, initiate formal legal proceedings. The borrower will be subject to all remedies available by law. VII. DELINQUENCY In the event of default in Section VI or failure to fulfill the conditions of the loan stated in Section V, and BUSINESS OWNER fails to repay the loan within 30 days from demand, the loan provider shall commence collection of the delinquent account using CDC staff and/or City Attorney staff as deemed appropriate. EDL Agreement Lola Happy Bakery Page 5 of 10 VIII. RECORDATION OF AGREEMENT The BUSINESS OWNER(S) and the CDC agree that this AGREEMENT and/or the Security Agreement shall be recorded in the Office of the County Recorder and shall constitute constructive notice to the public that upon sale, hypothecation, assignment, lease. transfer or alienation of the BUSINESS within five (5) years from the Completion Date of the Improvements, the Loan shall be repayable with interest. After five (5) years from the Completion Date of the improvements, the Loan shall have no further force and effect upon the BUSINESS OWNER(s) and the CDC shall execute and record a full reconveyance of the Loan any and all documents necessary to clear title to the BUSINESS OWNER(S) upon the request of the BUSINESS OWNER(S). IX. TIME OF PERFORMANCE The contractor/ BUSINESS OWNER(s) shall complete the business improvements within Twelve (12) MONTHS of the date of this AGREEMENT. The contractor shall submit final bills and receipts to the Community Development Department no later than 15 days after the Completion Date. X. PROJECT FUNDING The CDC has determined that this Project qualifies for Redevelopment Funds. The CDC agrees, as detailed in this AGREEMENT, to loan BUSINESS OWNER the Total Cost Expenditure not to exceed $15,000. XI. NO AGENCY CREATED Any Contractor, person, or otherwise hired by the BUSINESS OWNER(s) to complete business improvements are not agents of the CDC, nor is there any contractual relationship established between Contractor, person, or otherwise and the CDC. Any provisions of this AGREEMENT that may appear to give the CDC any right to direct the BUSINESS OWNER(s) concerning the details of the obligations under this AGREEMENT, or to exercise any control over such obligations, shall mean only that the BUSINESS OWNER(s) shall follow the direction of the CDC concerning the end results of the obligations, consistent with the scope of work. XII. OWNERSHIP OF DOCUMENTS Once the BUSINESS OWNER(s) has received the Final Payment for the business improvements, all documents, including but not limited to, designs, plans, bids, bills, and receipts, prepared or acquired by the BUSINESS OWNER(s) pursuant to this AGREEMENT (including any duplicate copies) shall be the property of the CDC. EDL Agreement Lola Happy Bakery Page 6 of 10 The CDC's ownership entitlement arises upon payment or any partial payment of the project. The CDC's ownership of these documents includes use of, reproduction or reuse of, and all incidental rights. XIII. HOLD HARMLESS The BUSINESS OWNER(s) agrees to defend, indemnify, protect, and hold the CDC and its agents, officers, and employees harmless from and against any and all claims asserted or liability established for damages or injuries to any person or property. This indemnification and hold harmless agreement includes claims made by the BUSINESS OWNER's employees, agents, or officers, or judgments arising directly or indirectly out of obligations or services under this AGREEMENT. Claims that arise from, are connected with, or are caused or claimed to be caused by the acts or omissions of the BUSINESS OWNER(s), and its agents, officers, or employees are covered. Also covered are the claims or liabilities arising from, connected with. caused by, or claimed to be caused by the active or passive negligent acts or omissions of the CDC, its agents, officers, or employees which may he in combination with the negligence of the BUSINESS OWNER(s), its employees, agents or officers, or any third party. The BUSINESS OWNER's duty to defend, indemnify, protect and hold harmless shall not include anyclaims or liabilities arisingfrom the established sole negligence or sole willful misconduct of the CDC, its agents, officers or employees. XIV. DUTY TO DEFEND The BUSINESS OWNER(s) further agree that the hold harmless agreement in Section XI, and the duty to defend the CDC, require the BUSINESS OWNER(s) to pay any costs the CDC incurs that are associated with enforcing the hold harmless provisions, and defending any claims arising from obligations or services under this AGREEMENT. If the CDC chooses at its own election to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to obligations or services under this AGREEMENT, the BUSINESS OWNER(s) agrees to pay the reasonable value of attorneys' fees and all of the CDC's costs. XV. COMPLIANCE WITH APPLICABLE LAWS The BUSINESS OWNER(s) agrees to comply fully with all applicable Federal, State, and local laws, ordinances, codes, regulations, permits, and design guidelines. The CDC will not issue any payment to the BUSINESS OWNER(s) if the subject property is in violation of any law, ordinance, code, regulation, permit, or design guideline. The BUSINESS OWNER(s) assumes responsibility for any costs arising from repairs or alterations caused by any violation of any law, ordinance, code, regulation, permit, or design guideline. EDL Agreement Lola Happy Bakery Page 7 of 10 XVI. WAGE RATES Tax increment, funds are used, for the EDL Program. Whenever federal and/or local funds are used, either in whole or in part, federal Davis -Bacon and/or state prevailing wages must be paid/or all onsite labor relating to the project. Arty improvements made to the business or property in addition to the EDL project must be completed prior to starting, or at the completion of the EDL project and is at the expense of the business/properly owner. If.the work is done simultaneously, then prevailing t4age must be paid on the entire project, including interior renovations. For more information, log onto: www.trdol.gov (Davis Bacon tvebsite) and/or tttytr.dir.ca.,00v!DLSR/statistics research.html (California Department of Industrial Relations, Division of Labor and Statistics, information on prevailing wage). XViI. NON -ASSIGNMENT The BUSINESS OWNER shall not assign the obligations under this AGREEMENT, nor any monies due or to become due, without the CDC's prior written approval. Any assignment in violation of this paragraph is grounds for immediate termination of this AGREEMENT, at the sole discretion of the CDC. In no event shall any putative assignment create a contractual relationship between the CDC and any putative assignee. XVIII. NO WAIVER Any failure by the CDC to insist upon the strict performance by the other of any covenant, term. or condition of this AGREEMENT, or any failure to exercise any right or remedy consequent upon a breach of any covenant, tern, or condition of this AGREEMENT, shall not constitute a waiver of any breach or of such covenant, tern or condition. No waiver of any breach shall affect or alter this AGREEMENT, and each and every covenant, condition, and tern hereof shall continue in full force and effect to any existing or subsequent breach. XiX. ORAL REPRESENTATIONS This AGREEMENT and the exhibits and references incorporated into this AGREEMENT fully express all understandings of the parties concerning the matters covered in this AGREEMENT. No change, alteration, or modification of the terns of this AGREEMENT, and no verbal understanding of the parties, their officers, agents, or employees shall be valid unless made in the fonn of a written change agreed to in writing by both parties or an amendment to this AGREEMENT agreed to by both Parties in writing. All prior negotiations and AGREEMENTs are merged into this AGREEMENT. XX. CHANGES OR AMENDMENTS TO AGREEMENT All amendments to this AGREEMENT shall be in writing signed by the BUSINESS OWNER(s), Property Owner and the CDC. LDL Agreement Lola Happy Bakery Page 8oflo This AGREEMENT is executed by The Community Development Commission (CDC) of the City of National City acting by and through its Commissioners. and by the BUSINESS OWNER(s). Dated this day of octeP/I-, 2009. COMMUNITY DEVELOPMENT Dated this C day of Oc rdesk, 2009. Donald Graham doing business as Lola Happy Bakery: Approved as to form. GE By E EISER Atto audia Senior As Dated: ity Attorney EXHIBITS: A — Scope of Work B — Project Bids C — Report to CDC Donald Graham, Sole Proprietor EDL Agreement Lola Happy Bakery Page 9 of 10 State of California County of San Diego On Oob..tx (.0 , @Gal before me, Qt% Q os i iiti�?tblt l the undersigned, a Notary Public in and for the County of San Diego, State of California , personally appeared Brad Raulston who proved to me on the basis of satisfactory evidence to be the persoN whose name are subscribed to the within ECONOMIC DEVELOPMENT Loan AGREEMENT and acknowledged to me tha0,e/they executed the same i hi / ltheir authorized capacity, and that by - their signatureon the instrument the person`s�, or the entity upon behalf of which the person'N acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ature of Notary Public EDL Agreement Lola Happy Bakery Page 10 of 10 SCOPE OF WORK Costs Item 14960 17447.66 13387.67 4059.99 Quantity Student Amount Paid by Student Recommendation Lowest bidder Amount Loan Recipient 1 Suman Steamer 1 $2,700.00 $2,800.00 $2,800.00 1 Suman Steamer trays 6 $0.00 $300.00 $300.00 0 New Steam Table 11 Lechon Tray 11 Lechon Tray 9 NSF Freezer 3 Suman Machines 3 Suman Machines $0.00 Increased Sales $0.00 Increased Sales 1 $0.00 $3,000.00 $0.00 $3,000.00 Purchased during project 8 $540.00 $720.00 $720.00 $0.00 Increased Sales 4 $0.00 $360.00 $0.00 $360.00 Pruchased during project 1 $800.00 $712.00 $712.00 $0.00 Increased Sales 2 $1,400.00 $1,299.98 $1,299.98 $0.00 Increased Sales 1 $0.00 $699.99 $0.00 $699.99 Purchased during project 7 Informational Web Site 1 $950.00 $950.00 $950.00 Signage: 2 Store front Sign 4 Partial Van Wrap 6 Street Signage 8 Menu Boards 13 Window Advertising 16 Graphic Designer/Logo 5 Painting 10 Delivery Van Repairs 12 New Floor 14 Dining area furniture 15 Protional Magnets 17 Business Cards 1 $1,600.00 $1,489.97 $1,489.97 1 $1,300.00 $1,298.89 $1,298.89 1 $1,000.00 $527.44 $527.44 1 $936.00 $834.89 $834.89 1 $440.00 $467.30 $467.30 1 $150.00 $225.00 $225.00 1 $1,284.00 $0.00 $0.00 1 $710.00 $1,519.65 $1,519.65 1 $500.00 $0.00 $0.00 4 $430.00 $0.00 $0.00 1 $170.00 $132.80 $132.80 1 $50.00 $109.75 $109.75 $0.00 marketing $0.00 marketing $0.00 marketing $0.00 marketing $0.00 marketing $0.00 marketing $0.00 marketing $0.00 improved store look $0.00 Increased sales $0.00 improved store look $0.00 improved store look $0.00 Marketing $0.00 Marketing Westar Metal Fab Westar Metal Fab Complete Westar Metal Fab Complete Sears Cabela Complete EOWebs, National City Fastsigns Fastsigns Fastsigns Fastsigns Fastsigns Fastsigns delayed One day paint & body delayed delayed fastsigns Fastsigns Notes: The new steam table was pruchased during the analysis period by the students. This steam table is used and was purchase from a store that no longer required it and it is approximately 6 months old. It replaces a unit that was approximately 20 years old. The students would have recommended replacing it if we had not purchased this one. The 4 lechon trays were purchased during the analysis period by the students, These trays are custom build and hold the juices from the roasted pig much better than the older larger trays. The existing suman machine (sausage stuffer) was purchased to determine if the process would work. Costs 14960 17447.66 13387.67 4059.99 Item 1 Suman Steamer 1 Suman Steamer trays 0 New Steam Table 11 Lechon Tray 11 Lechon Tray 9 NSF Freezer 3 Suman Machines 3 Suman Machines 7 Informational Web Site Signage: 2 Store front Sign 4 Partial Van Wrap 6 Street Signage 8 Menu Boards 13 Window Advertising 16 Graphic Designer/Logo 5 Painting 10 Delivery Van Repairs 12 New Floor 14 Dining area furniture 15 Protional Magnets 17 Business Cards Quantity Student Amount Paid by Amount Loan 1 $2,700.00 $2,800.00 6 $0.00 $300.00 1 $0.00 $3,000.00 8 $540.00 $720.00 4 $0.00 $360.00 1 $800.00 $712.00 2 $1,400.00 $1,299.98 1 $0.00 $699.99 1 $950.00 $950.00 Student Recommendation Recipient $2,800.00 $0.00 Increased Sales $300.00 $0.00 Increased Sales $0.00 $3,000.00 Purchased during project $720.00 $0.00 Increased Sales $0.00 $360.00 Pruchased during project $712.00 $0.00 Increased Sales $1,299.98 $0.00 Increased Sales $0.00 $699.99 Purchased during project $950.00 $0.00 marketing 1 $1,600.00 $1,489.97 $1,489.97 1 $1,300.00 $1,298.89 $1,298.89 1 $1,000.00 $527.44 $527.44 1 $936.00 $834.89 $834.89 1 $440.00 $467.30 $467.30 1 $150.00 $225.00 $225.00 1 $1,284.00 $0.00 $0.00 1 $710.00 $1,519.65 $1,519.65 1 $500.00 $0.00 $0.00 4 $430.00 $0.00 $0.00 1 $170.00 $132.80 $132.80 1 $50.00 $109.75 $109.75 $0.00 marketing $0.00 marketing $0.00 marketing $0.00 marketing $0.00 marketing $0.00 marketing $0.00 improved store look $0.00 Increased sales $0.00 improved store look $0.00 improved store look $0.00 Marketing $0.00 Marketing Lowest bidder Westar Metal Fab Westar Metal Fab Complete Westar Metal Fab Complete Sears Cabela Complete EOWebs, National City Fastsigns Fastsigns Fastsigns Fastsigns Fastsigns Fastsigns delayed One day paint & body delayed delayed fastsigns Fastsigns Notes: The new steam table was pruchased during the analysis period by the students. This steam table is used and was purchase from a store that no longer required it and it is approximately 6 months old. It replaces a unit that was approximately 20 years old. The students would have recommended replacing it if we had not purchased this one. The 4 lechon trays were purchased during the analysis period by the students, These trays are custom build and hold the juices from the roasted pig much better than the older larger trays. The existing suman machine (sausage stuffer) was purchased to determine if the process would work. Suman Steamer This will be a custom made unit made by Westar Metal Fabrication. This design has been developed by Mrs. Nora Graham of Lola Happy Bakery and Mr. Lee of Westar. The design is based upon dim sum steamers that are currently manufactured by Westar Metal Fabrication. The design consists of a four tier unit that is attached to a stove base but is removable. The four tiers are for the water holder that develops the steam at the bottom and three tiers that each have a door that will permit the entry and removal of rectangular steam trays (one per each) that can be placed in the unit and removed when the steaming is complete. Each of the steam trays will have all four sides and the bottom perforated so that the steam can access the product from all directions. The cost of the unit is $2,795. Each of the trays tp be used with the steamer will cost an additional $50 and the request is for six. Total cost of the steamer and trays is $3,095.00 I am currently waiting for a written estimate for both the lechon trays and steamer from Mr. Lee. Steamer Trays Although the students did not include the trays for use with the steamer. This request is to modify the use of funds to include the trays. The trays will be rectangular in shape and will be perforated on all sides and the bottom to all for more steam to reach the product. Windows Live Hotmail Page 1 of 2 ' Windows Live- lnbox (23) Junk (21) Drafts Sent Deleted (111) 2L Civil Pro 2L Con Law 2L Crim Pro 2L MCQ 2L Real Property ABS Action item Andrew C Business Ops charrie citizens citizens bank CLS General Concord LS (1) Concord Study Gr... Consulting cris Real estate Cynthia Doug (2) Freq Followup Future Action godaddy ISI (5) jeannene (1) Jokes Plus Law Books Home Profile People Mail Photos More • MSN • Search the web New I Delete Junk i Mark as, Move to, 41 Messenger. j Op Reply Reply all Forward sale order From: Kelly Xu (kellywestar agmail.com) t! You may not know this sender Mark as safe Mark as junk Sent. Tue 5/19/09 1:51 PM o. drgrahamsr@hotmail.com Dear Customer. Thsi is Kelly from Westar Metal- you call us like yesterday afternoon asking about sale order The tray is $90 for each. The other one Is $2800 ANY QUESTION YOU CAN CALL US 626-350-0718. ROLLOVER Searc http://co 116w. col116. mail.li ve.com/mail/InboxLight. aspx? FolderID-00000000-0000-0000... 5/23/2009 Lechon Trays Although I requested local assistance, I have been unable to receive any estimates for this service except from Westar Metal Fabrication. This is where I purchased the four existing trays. These trays are 39 inches long and 13 inches wide. The original trays that are still in use are 39 inches long and 26 inches wide. These trays allow for an increase in production from eight whole roasted pigs in four hours to sixteen in five hours if I get the eight trays I am requesting. The new trays allow for better cooking of the pigs, prevent dryness, and allow for me to cook the both sides of the pig evenly. This is not the case with the current trays. Suman Machine (Sausage Stuffer) These units allow for an increase in production of almost double per machine. This allows for an even distribution of the product and uniformity that does not exist when the banana leaves that hold the suman are stuffed manually. The manual process is to cook the suman and the use a large spoon to put it in the banana leaf. The new process with this machine is to place the banana leaf under the spout and use the foot pedal to have the product loaded on the banana leaf. This process will allow for a less tiring job for the employee as well as much greater output. Our suman sales have risen to a point where we can sell all we can make we just cannot produce enough. Unit 3 The 30 Pound unit Shop > Food & Food Prep > Food Processing > Processing Equipment > You are here: Cabela's Commercial -Grade Vertical Stuffers i�: �XQ6 )CLUSIVE Commorcial•Grado Vertical Stutter Motor Combo Spring loaded Clutch Easy loading tube • ..,5✓a...'.S Commercial -Grade Vertical Stuffers All Cabela's stuffers are precision -crafted to exacting tolerances. So, in addition to producing great -tasting sausage, they're guaranteed to stand up to years of frequent use. The upright canister holds as much meat as a traditional horizontal stuffer, but it takes up substantially less space on your workstation. And with three capacities available - 11 Ib., 20 Ib. and 30 Ib. - there's a stuffer to accommodate the volume of your processing. Dual - speed gears let you crank the stuffer down slowly and then switch to a higher gear to quickly crank it back up again. Both the base and cylinder are constructed of heavy-duty stainless steel. Comes with four stuffing tubes (l0mm, 20mm, 30mm and 40mm) for stuffing any size sausage casing, from small snack sticks to large summer sausage. And now you can buy one of Cabela's 11-, 20-, or 30-Ib. commercial -grade, stainless steel vertical stuffers along with our foot -pedal -controlled 1/8-hp motor for additional savings. This sausage-stuffer and motor combo kit costs a fraction of what the competition's sells for. You'll save time with the easy -to -use adjustable -speed motor. Motor plugs into 110-volt outlet and includes forward and reverse settings. Some assembly required. Please select from the following: Cabela's Commercial -Grade Vertical Staffers All Cabela's stuffers are precision crafted to exacting tolerances. So, in addition to producing great- tasting sausage, they're guaranteed to stand up to years of frequent use. Available: 11-Ib. Capacity, 20-Ib. Capacity, 30-Ib. Capacity. Item: QZ-516403 Select items on salel $279.99.$449.99 NSF Freezer This freezer will allow for storage of supplies, whole lechon, and completed suman. We cannot increase production or revenues without an increase in the storage capabilities to have the capability to meet the demand. NSF Freezer Sears has a 19.7 Cubic foot freezer for $712.00. This unit will be used to store suman after it has been prepared and prior to steaming, packaging and delivery. NSF Certified Freezers NSF certified for food service applications. Commercial, food service grade chest freezers. Heavy duty casters and heavy duty cooling system. NSF certified performance from Frigidaire. NSF• ccs:t trc‘-zor: ft tt s1099.60 ; r- NSF- CEirtittec] 1NC%rr.ieHc S e H Window Advertising Lola Happy Bakery needs to change its image in the community and let our patrons know the products that we offer even when we are closed. Widow signage will assist in making the store more appealing to customers. Estimate Page 1 of 2 FASTSIGNS Sign And Graph< 5olution Made $irnple Fastsigns 1240 E. Plaza Blvd. Suite 602 National City, CA 91950 ph (619) 474-1111 fax (619) 474-1112 email. 237@fastsigns.com Estimate: NC 237- 15758 Printed 5/18/2009 11:36 42AM Description WINDOW GRAPHICS: PARTIAL COVERAGE Prepared For: Don H Company Lola Happy Bakery Dear Don. ph. (619) 339-7378 email: lolhappybakery@gmail.com Thank you for considering FASTSIGNS for your sign needs. All estimates that convert to an invoice will require 50% down and will be non refundable and most layouts will be done the next business day. Delivery is not included or can be for a small nominal fee. This is an estimate and changing the scope of work or materials will affect the price. Three versions of your sign(s) should be included with your estimate. If you exceed three sign proofs for this job there will be a charge of $35.00 per proof thereafter. PERMIT WAIVER. HOLD HARMLESS AGREEMENT BETWEEN FASTSIGNS AND CLIENT NAMED BELOW. THE UNDERSIGNED INDIVIDUAL AGREES TO ASSUME ALL RESPONSIBILITIES PERTAINING TO LOCAL, CITY, STATE AND/OR FEDERAL PERMITS FOR SIGNAGE, ELECTRICAL WORK, AND/OR CONSTRUCTION REQUIRED TO ERECT OR INSTALL SIGNS AT THE ADDRESS STATED BELOW. FURTHERMORE, THE UNDERSIGNED INDIVIDUAL AGRESS TO INDEMNIFY FASTSIGNS FROM ANY RECOURSE OR CONSEQUENCES RESULTING FROM THE APPLICATION FOR, OR FROM THE DECISION NOT TO APPLY FOR, ANY AND ALL PERMITS FOR THE BELOW ADDRESS_ If you have any questions, please don't hesitate to call us at 619 474-1111. Sincerely, Dimitri Taylor Owner Product Font Qty Sides Height Width Unit Cost Item Total 1 Vinyl HxW Color: White — Description: Printed or complex cut vinyl pricd by H x W. Text: WINDOW GRAPHICS: PARTIAL COVERAGE 1 1 24 36 $70.00 $70.00 2 Vinyl HxW Color: White Description: Printed or complex cut vinyl pricd by H x W. Text: WINDOW GRAPHICS: PARTIAL COVERAGE 1 1 24 36 $70.00 $70.00 3 Vinyl HxW Color: White Description: Printed or complex cut vinyl pricd by H x W. Text: WINDOW GRAPHICS: PARTIAL COVERAGE 1 1 24 36 $70.00 $70.00 4 Vinyl HxW Color: White Description: Printed or complex cut vinyl pricd by H x W. Text: WINDOW GRAPHICS: PARTIAL COVERAGE 1 1 24 36 $70.00 $70.00 Shop Management Software. Estimate Page 2of2 FASTSIGNS Sign And Graphic Solutions Wade Smmle Fastsigns 1240 E. Plaza Blvd. Suite 602 National City, CA 91950 ph. (619) 474-1111 fax (619) 474-1112 email: 237@fastsigns.com Estimate: NC 237- 15758 Printed 5/18/2009 11:36:42AM Product Font Qty Sides Height Width Unit Cost Item Total 5 Install... Color: Description: Text: Notes: 1 1 0 0 $160.00 $160.00 Line Item Total: $440.00 Tax Exempt Amt $160.00 Subtotal: $440.00 Taxes: $27.30 Total: $467.30 Deposit Required: $233.65 Company: Lola Happy Bakery National City. CA Shop Management Software. Received/Accepted By: Menu Boars Currently, Lola happy Bakery does not have any menu boards to show customers the products that we have available. This would help increase sales and allow customers to know what we have available. Estimate Page 1 of 2 FASTSIGNS, Sign And Graphic Solution; Made Simple Fastsigns 1240 E. Plaza Blvd. Suite 602 National City, CA 91950 ph. (619)474-1111 fax (619) 474-1112 email: 237@fastsigns.com Estimate: NC 237- 15757 Printed 5/18/2009 11:36:54AM Description: MENU BOARDS: ALULITE - NEW LOGO PRICING AND MENU ITEMS Prepared For: Don H ph: (619) 339-7378 Company: Lola Happy Bakery email: lolhappybakery@gmail.com Dear Don: Thank you for considering FASTSIGNS for your sign needs. All estimates that convert to an invoice will require 50% down and will be non refundable and most layouts will be clone the next business day. Delivery is not included or can be for a small nominal fee. This is an estimate and changing the scope of work or materials will affect the price. Three versions of your sign(s) should be included with your estimate. If you exceed three sign proofs for this job there will be a charge of $35.00 per proof thereafter. PERMIT WAIVER, HOLD HARMLESS AGREEMENT BETWEEN FASTSIGNS AND CLIENT NAMED BELOW. THE UNDERSIGNED INDIVIDUAL AGREES TO ASSUME ALL RESPONSIBILITIES PERTAINING TO LOCAL, CITY, STATE AND/OR FEDERAL PERMITS FOR SIGNAGE, ELECTRICAL WORK, AND/OR CONSTRUCTION REQUIRED TO ERECT OR INSTALL SIGNS AT THE ADDRESS STATED BELOW. FURTHERMORE, THE UNDERSIGNED INDIVIDUAL AGRESS TO INDEMNIFY FASTSIGNS FROM ANY RECOURSE OR CONSEQUENCES RESULTING FROM THE APPLICATION FOR, OR FROM THE DECISION NOT TO APPLY FOR, ANY AND ALL PERMITS FOR THE BELOW ADDRESS. If you have any questions, please don't hesitate to call us at 619 474-1111. Sincerely, Dimitri Taylor Owner Product Font Qty Sides Height Width Unit Cost Item Total 1 Alumalite .25 (1/4") 1 1 36 144 $687.83 $687.83 Color: White Includes Discount: ($76.43) — Description: Alumalite .25 (1/4") with cut or printed vinyl applied. Text: MENU BOARDS: ALULITE - NEW LOGO PRICING AND MENU ITEMS 2 Install... Color: Description: Text: Notes: 1 1 0 0 $80.00 $80 00 Line Item Total: $767.83 Tax Exempt Amt. $80.00 Subtotal: $767.83 Taxes: $67.06 Total: $834.89 Deposit Required $417.45 Shop Management Software. Estimate Page 2 of 2 FASTSIGNS Sign And Graphic Solutions Made Simple° Fastsigns 1240 E. Plaza Blvd. Suite 602 National City, CA 91950 ph. (619)474-1111 fax (619) 474-1112 email: 237@fastsigns.com Estimate: NC 237- 15757 Printed 5/18/2009 11.36:54AM Company. Lola Happy Bakery National City, CA Shop Management Software. Received/Accepted By: Van Repair The van requires new key locks for both sides, repair of a dent and a gash on one side and fixing the back door that currently only opens from the inside. Although, California Auto Repair is cheaper than Al, the estimate from California Auto Repair does not include the dent repair nor the full painting of the van after repair of the gash on the side. California Auto Repair does not perform the painting service required so that the van will be one consistent color after the repairs. So it is requested that we go with the next lowest estimate. Date: Estimate ID: Estimate Version: Preliminary Profile ID: 5/21/2009 09:46 AM 1435 0 CALIF AUTO BODY CALIFORNIA AUTO BODY & FRAME 1921 ROOSEVELT AVE, NATIONAL CITY, CA 91950 (619) 477-9141 Fax: (619) 477-8253 Damage Assessed By: SHERI HERNANDEZ Type of Loss: Deductible: Claim Paid: Claim Number: Insured: Address: Telephone: Collision UNKNOWN N 90517 DONALD GRAHAM 1025 COREVA DR, CHULA VISTA, CA 91910 Home Phone: (619) 479-3144 Description: 1998 Ford Econoline E350 Body Style: VanCrgo 138" WB VIN: 1 FTSE34L5W HB90517 Options: AIR CONDITIONING, POWER WINDOWS, POWER DOOR LOCKS, CRUISE CONTROL Appraised For: SHERI HERNANDEZ Mitchell Service: 913620 Line Entry Labor Item Number Type 1 301140 BDY 2 301141 BDY 3 335558 BDY 4 335559 BDY 5 931087 BDY 6 322680 BDY 7 AUTO REF 8 300401 BDY 9 323110 BDY 10 300413 BOY 11 331380 BDY 12 AUTO REF 13 933003 REF 14 900500 REF * 15 933005 BDY 16 AUTO REF 17 933018 REF 18 AUTO 19 AUTO Operation REMOVE/INSTALL REMOVE/INSTALL REMOVE/REPLACE REMOVE/REPLACE REMOVE/REPLACE REPAIR REFINISH REMOVE/INSTALL REMOVE/INSTALL REMOVE/INSTALL REMOVE/REPLACE ADD'L OPR ADD'L OPR REMOVE/REPLACE ADD'L OPR ADD'L OPR ADD'L OPR ADD'L COST ADD'L COST Drive Train: 5.4L Inj 8 Cyl 2WD Line Item Description R FRT DOOR TRIM PANEL L FRT DOOR TRIM PANEL R FRT DOOR LOCK CYLINDER L FRT DOOR LOCK CYLINDER CODE KEY SIDE DOOR SHELL SIDE DOOR OUTSIDE DOOR TRIM PANEL DOOR HANDLE & LOCK CYL R DOOR TRIM PANEL R BACK DOOR ACTUATOR CLEAR COAT TINT COLOR ADHESIVE ADDITIVE RESTORE CORROSION PROTECTION FINISH SAND AND BUFF MASK FOR OVERSPRAY PAINT/MATERIALS HAZARDOUS WASTE DISPOSAL * - Judgment Item # - Labor Note Applies C - Included in Clear Coat Calc ESTIMATE RECALL NUMBER: 05/21/2009 09:46:17 1435 Mitchell Data Version: MAR_09_V UltraMate is a Trademark of Mitchell International Copyright (C) 1994 - 2009 Mitchell International UltraMate Version: 6.7.021 All Rights Reserved Part Type/ Part Number XL2Z 7821990 AC XL2Z 7821990 AC New Existing ORDER FROM DEALER New Dollar Labor Amount Units 0.4 0.4 89.03 0.2 # 89.03 0.2 # 80.00 * 0.0* 3.0* C 3.6 0.5 # 0.3 # 0.5 # 87.27 0.2 # 1.4 0.00 * 0.5* 13.00 • 0.0* 6.00 " 1.1 10.00 " 0.5* 165.00 • 4.00 " Page 1 of 3 Date: 5/21/2009 09:46 AM Estimate ID: 1435 Estimate Version: 0 Preliminary Profile ID: CALIF AUTO BODY Remarks NIA Estimate Totals Add'I Labor Sublet I. Labor Subtotals Units Rate Amount Amount Totals II. Part Replacement Summary Amount Body 5.7 48.00 6.00 0.00 279.60 T Taxable Parts Refinish 7.1 48.00 10.00 0.00 350.80 T Paris Adjustments Sales Tax Labor Summary Taxable Labor 630.40 12.8 630.40 @ 9.750% 358.33 17.92 36.68 Total Replacement Parts Amount 412.93 III. Additional Costs Amount IV. Adjustments Amount Taxable Costs 169.00 Customer Responsibility 0.00 Sales Tax @ 9.750% 16.48 Total Additional Costs 185.48 I. Total Labor: 630.40 II. Total Replacement Parts: 412.93 III. Total Additional Costs: 185.48 Gross Total: 1,228.81 IV. Total Adjustments: 0.00 Net Total: 1,228.81 This is a preliminary estimate. Additional changes to the estimate may be required for the actual repair. FOR YOUR PROTECTION CALIFORNIA LAW REQUIRES THE FOLLOWING TO APPEAR ON THIS FORM: ANY PERSON WHO KNOWINGLY PRESENTS FALSE OR FRAUDULENT CLAIM FOR THE PAYMENT OF A LOSS IS GUILTY OF A CRIME AND MAY BE SUBJECT TO FINES ANDCONFINEMENT IN STATE PRISON. THE FOLLOWING IS A LIST OF ABBREVIATIONS OR SYMBOLS THAT MAY BE USED TO DESCRIBE WORK TO BE DONE OR PARTS TO BE REPAIRED OR REPLACED: MOTOR ABBREVIATIONS/SYMBOLS: D=DISCONTINUED PART A=APPROXIMATE PRICE LABOR TYPES: B=BODY LABOR D=DIAGNOSTIC E=ELECTRICAL F=FRAME G=GLASS M=MECHANICAL P=PAINT LABOR S=STRUCTURAL T=TAXED MISCELLANEOUS X=NON TAXED MISCELLANEOUS PATHWAYS: ADJ=ADJACENT ALGN=ALIGN A/M=AFTERMARKET BLND=BLEND CAPA=CERTIFIED AUTOMOTIVE PARTS ASSOCIATION D&R=DISCONNECT AND RECONNECT EST=ESTIMATE EXT. PRICE=UNIT PRICE MULTIPLIED BY THE QUANTITY INCL=INCLUDED MISC=MISCELLANEOUS NAGS=NATIONAL AUTO GLASS SPECIFICATIONS NON—ADJ=NON ADJACENT O/H=OVERHAUL OP=OPERATION NO=LINE NUMBER QTY=QUANTITY QUAL ESTIMATE RECALL NUMBER: 05/21/2009 09:46:17 1435 Mitchell Data Version: MAR_09_V UltraMate is a Trademark of Mitchell International Copyright (C) 1994 - 2009 Mitchell International UltraMate Version: 6.7.021 All Rights Reserved Page 2 of 3 Date: 5/21/2009 09:46 AM Estimate ID: 1435 Estimate Version: 0 Preliminary Profile ID: CALIF AUTO BODY RECY=QUALITY RECYCLED PART QUAL REPL=QUALITY REPLACEMENT PART COMP REPL PARTS=COMPETITIVE REPLACEMENT PARTS RECOND=RECONDITION REFN=REFINISH REPL=REPLACE R&I=REMOVE AND INSTALL R&R=REMOVE AND REPLACE RPR=REPAIR RT=RIGHT SECT=SECTION SUBL=SUBLET LT=LEFT W/O=WITHOUT W/_=WITH/_ SYMBOLS: ]#=MANUAL LINE ENTRY *=OTHER [IE..MOTORS DATABASE INFORMATION WAS CHANGED] **=DATABASE LINE WITH AFTERMARKET N=NOTES ATTACHED TO LINE. MQVP=MANUFACTURER'S QUALIFICATION AND VALIDATION PROGRAM. OPT OEM=ORIGINAL EQUIPMENT MANUFACTURER PARTS EITHER OPTIONALLY SOURCED OR OTHERWISE PROVIDED WITH SOME UNIQUE PRICING OR DISCOUNT. NWCPP=NATIONWIDE CRASH PARTS PROGRAM. UNDER CALIFORNIA CODE OF REGULATIONS,TITLE10 CHAPTER 8, SECTION 2695.8.D.2.C, WE ARE ADVISING YOU THAT YOU HAVE THE RIGHT TO HAVE ANY REPAIR FACILITY OF YOUR CHOICE TO DO THE REPAIRS TO YOUR VEHICLE. WE WOULD LIKE TO THANK YOU IN ADVANCE FROM ALL OF US AT CALIF AUTO BODY & FRAME AND WE ARE I —CAR CERTIFIED. ALL ESTIMATES ARE ONLY VALID FOR 30 DAYS iltittitt AUTHORIZATION SIGNATURE TO BEGIN REPAIRS X ****WOULD YOU LIKE TO EARN FIFTY DOLLORS? IT"S EASY REFER A FREIND TO CALIFORNIA AUTO BODY AND GET PAID. **** ***WORK MUST BE COMPLETED PRIOR TO ISSUE OF REFERAL BONUS*** Cycle Time Information Repair Dates: Is Vehicle Driveable (YIN)?: Y Assisted With Rental (Y/N)?: N ESTIMATE RECALL NUMBER: 05/21/2009 09:46:17 1435 Mitchell Data Version: MAR_09_V UltraMate is a Trademark of Mitchell International Copyright (C) 1994 - 2009 Mitchell International UltraMate Version: 6.7.021 All Rights Reserved Page 3 of 3 Street Signage Currently we have two street signs. The letter is too small to be read and the numerous cars that travel on Plaza Boulevard have a difficult time in seeing the signs. Although we included several products on the sign to assist in sales the lettering is too small to be effective. Estimate Page 1 of 2 FASTSIGNS 5Ign And Iut•ors Made Si' p'r Fastsigns 1240 E. Plaza Blvd. Suite 602 National City, CA 91950 ph. (619) 474-1111 fax (619) 474-11 12 email: 237@fastsigns.com Estimate: NC 237- 15756 Printed 5/18/2009 11:37:00AM Description: NEW LEXAN SIGNS: THE STREET SIGN Prepared For: Don H Company: Lola Happy Bakery Dear Don: ph:(619)339-7378 email: lolhappybakery@gmail.com Thank you for considering FASTSIGNS for your sign needs. All estimates that convert to an invoice will require 50% down and will be non refundable and most layouts will be done the next business day. Delivery is not included or can be for a small nominal fee. This is an estimate and changing the scope of work or materials will affect the price. Three versions of your sign(s) should be included with your estimate. If you exceed three sign proofs for this job there will be a charge of $35.00 per proof thereafter. PERMIT WAIVER. HOLD HARMLESS AGREEMENT BETWEEN FASTSIGNS AND CLIENT NAMED BELOW. THE UNDERSIGNED INDIVIDUAL AGREES TO ASSUME ALL RESPONSIBILITIES PERTAINING TO LOCAL, CITY, STATE AND/OR FEDERAL PERMITS FOR SIGNAGE, ELECTRICAL WORK, AND/OR CONSTRUCTION REQUIRED TO ERECT OR INSTALL SIGNS AT THE ADDRESS STATED BELOW. FURTHERMORE, THE UNDERSIGNED INDIVIDUAL AGRESS TO INDEMNIFY FASTSIGNS FROM ANY RECOURSE OR CONSEQUENCES RESULTING FROM THE APPLICATION FOR, OR FROM THE DECISION NOT TO APPLY FOR, ANY AND ALL PERMITS FOR THE BELOW ADDRESS. If you have any questions, please don't hesitate to call us at 619 474-1111. Sincerely, Isaac Melendez Product Font Qty Sides Height Width Unit Cost Item Total 1 Acrylic .1875 (3/16") 2 1 17.25 59 $203.85 $407.69 Color: White Description: Acrylic .1875 (3/16") with cut or printed vinyl applied. Text: INCLUDES DESIGN, MANUFACTURE, AND INSTALL OF A SEAMLESS SIGN ON THE CAN at the street monument sign 2 Install... Color: Description: Text: Notes: 1 1 0 0 $80.00 $80.00 Line Item Total: $487.69 Tax Exempt Amt: $80.00 Subtotal: $487.69 Taxes: $39.75 Total: $527.44 Deposit Required: $263.72 Shop Management Software. Store Front Signage Currently we have a sign that is yellow. This sign does not provide a good representation for Lola Happy Bakery since it is hard to read from the street. This request is for a new sign that will give a better look to the store front. Estimate Page 1 of 2 FASTSIGNS Sign And Graphic (plutinni blade 9n.ple Fastsigns 1240 E. Plaza Blvd. Suite 602 National City, CA 91950 ph. (619) 474-1111 fax (619) 474-1112 email: 237@fastsigns.com Estimate: NC 237- 15754 Printed 5/18/2009 11 37 12AM Description: NEW LEXAN SIGNS: STOREFRONT Prepared For: Don H Company: Lola Happy Bakery Dear Dori ph:(619)339-7378 email: lolhappybakery@gmail.com Thank you for considering FASTSIGNS for your sign needs. All estimates that convert to an invoice will require 50% down and will be non refundable and most layouts will be done the next business day. Delivery is not included or can be for a small nominal fee. This is an estimate and changing the scope of work or materials will affect the price Three versions of your signs) should he included with your estimate If you exceed three sign proofs for this job there will be a charge of $35.00 per proof thereafter. PERMIT WAIVER, HOLD HARMLESS AGREEMENT BETWEEN FASTSIGNS AND CLIENT NAMED BELOW. THE UNDERSIGNED INDIVIDUAL AGREES TO ASSUME ALL RESPONSIBILITIES PERTAINING TO LOCAL, CITY, STATE AND/OR FEDERAL PERMITS FOR SIGNAGE, ELECTRICAL WORK, AND/OR CONSTRUCTION REQUIRED TO ERECT OR INSTALL SIGNS AT THE ADDRESS STATED BELOW. FURTHERMORE, THE UNDERSIGNED INDIVIDUAL AGRESS TO INDEMNIFY FASTSIGNS FROM ANY RECOURSE OR CONSEQUENCES RESULTING FROM THE APPLICATION FOR, OR FROM THE DECISION NOT TO APPLY FOR. ANY AND ALL PERMITS FOR THE BELOW ADDRESS. If you have any questions, please don't hesitate to call us at 619 474-1111. Sincerely. Isaac Melendez Product Font Qty Sides Height Width Unit Cost Item Total 1 Acrylic .1875 (3/16") 2 1 24 180 $624.13 $1,248.26 Color: White Includes Discount: ($220.28) Description: Acrylic .1875 (3/16") with cut or printed vinyl applied. Text: INCLUDES DESIGN, MANUFACTURE, AND INSTALL OF A SEAMLESS SIGN ON THE CAN ABOVE THE STORE 2 Install... Color: Description: Text: Notes: 1 1 0 0 $120.00 $120.00 Line Item Total: $1,368.26 Tax Exempt Amt: $120.00 Subtotal: $1,368.26 Taxes: $121.71 Total: $1,489.97 Deposit Required: $744.99 Shop Management Software. Partial Wrap on the van Currently we make deliveries within National City and around San Diego and Riverside Counties. If the van had signs to advertise our products it would not only assist Lola happy Bakery with sales but advance the name of National City since we would have it as a visible part of the address. Estimate FASTSIGNS S. qr. Ard Graph;r Solution; MBdF 4mple' Fastsigns 1240 E. Plaza Blvd. Suite 602 National City, CA 91950 ph. (619) 474-1111 fax (619) 474-1112 email: 237@fastsigns.com Estimate: NC 237- 15753 Printed 5/18/2009 11.37:20AM Description: van partial wrap ford ecoline 1989 350 Prepared For: Don H Company: Lola Happy Bakery Dear Don: ph:(619)339-7378 email: lolhappybakery@gmail.com Thank you for considering FASTSIGNS for your sign needs. All estimates that convert to an invoice will require 50% down and will be non refundable and most layouts will be done the next business day. Delivery is not included or can be for a small nominal fee. This is an estimate and changing the scope of work or materials will affect the price. Three versions of your sign(s) should be included with your estimate. If you exceed three sign proofs for this job there will be a charge of $35.00 per proof thereafter. PERMIT WAIVER, HOLD HARMLESS AGREEMENT BETWEEN FASTSIGNS AND CLIENT NAMED BELOW THE UNDERSIGNED INDIVIDUAL AGREES TO ASSUME ALL RESPONSIBILITIES PERTAINING TO LOCAL, CITY, STATE AND/OR FEDERAL PERMITS FOR SIGNAGE, ELECTRICAL WORK, AND/OR CONSTRUCTION REQUIRED TO ERECT OR INSTALL SIGNS AT THE ADDRESS STATED BELOW. FURTHERMORE, THE UNDERSIGNED INDIVIDUAL AGRESS TO INDEMNIFY FASTSIGNS FROM ANY RECOURSE OR CONSEQUENCES RESULTING FROM THE APPLICATION FOR, OR FROM THE DECISION NOT TO APPLY FOR, ANY AND ALL PERMITS FOR THE BELOW ADDRESS. If you have any questions, please don't hesitate to call us at 619 474-1111. Sincerely. Isaac Melendez Product Font Qty Sides Height Width Unit Cost Item Total 1 Installed Vehicle Graphics 2 1 36 120 $462.00 $924.00 Color: White Includes Discount: ($48.63) Description: Installed Premium Vinyl Vehicle Graphics and includes laminate and on -site Installation Text: sides 2 Installed Vehicle Graphics 1 1 48 48 $259.50 Color: White Description: Installed Premium Vinyl Vehicle Graphics and includes laminate and on -site Installation. Text: back Notes: $259.50 Line Item Total: Subtotal: Taxes: Total: $1,183.50 $1,183.50 $115.39 $1,298.89 Deposit Required: $649.45 Company: Lola Happy Bakery National City, CA Received/Accepted By: Shop Management Software. Business Cards This will be for the purchase of business cards for Lola Happy Bakery and will include the new logo. Estimate FASTSIGNS Sign MA Gran,,Solur'inns Nadr Sir Fastsigns 1240 E. Plaza Blvd. Suite 602 National City, CA 91950 ph. (619)474-1111 fax (619) 474-1112 email: 237@fastsigns.com Estimate: NC 237- 15752 Printed 5/18/2009 11:37:33AM Description: business cards - new logo and info Prepared For: Don H Company: Lola Happy Bakery Dear Don: ph (619)339-7378 email: lolhappybakery@gmail com Thank you for considering FASTSIGNS for your sign needs. All estimates that convert to an invoice will require 50°/o down and will be non refundable and most layouts will be done the next business day. Delivery is not included or can be for a small nominal fee. This is an estimate and changing the scope of work or materials will affect the price. Three versions of your sign(s) should be included with your estimate. If you exceed three sign proofs for this job there will be a charge of $35.00 per proof thereafter. PERMIT WAIVER, HOLD HARMLESS AGREEMENT BETWEEN FASTSIGNS AND CLIENT NAMED BELOW. THE UNDERSIGNED INDIVIDUAL AGREES TO ASSUME ALL RESPONSIBILITIES PERTAINING TO LOCAL, CITY, STATE AND/OR FEDERAL PERMITS FOR SIGNAGE, ELECTRICAL WORK, AND/OR CONSTRUCTION REQUIRED TO ERECT OR INSTALL SIGNS AT THE ADDRESS STATED BELOW. FURTHERMORE, THE UNDERSIGNED INDIVIDUAL AGRESS TO INDEMNIFY FASTSIGNS FROM ANY RECOURSE OR CONSEQUENCES RESULTING FROM THE APPLICATION FOR, OR FROM THE DECISION NOT TO APPLY FOR, ANY AND ALL PERMITS FOR THE BELOW ADDRESS. If you have any questions, please don't hesitate to call us at 619 474-1111. Sincerely, Isaac Melendez Product Font Qty Sides Height Width Unit Cost Item Total 1 Business Cards BCT Color: White Description: Text: business cards Notes: 1,000 1 1 1 $0.10 $100.00 Line Item Total: Subtotal: Taxes: Total: $100.00 $100.00 $9.75 $109.75 Deposit Required: $54.88 Company: Lola Happy Bakery National City, CA Received/Accepted By: Shop Management Software. Estimate FASTSIGNS Sign And Graph¢ Solt ons Made Sinip'e Fastsigns 1240 E. Plaza Blvd. Suite 602 National City, CA 91950 ph. (619) 474-1111 fax (619) 474-1112 email: 237@fastsigns.com Estimate: NC 237- 15751 Printed 5/18/2009 11:37.49AM Descriptiongraphic design for logo Prepared For: Don H Company: Lola Happy Bakery Dear Don. ph: (619) 339-7378 email: lolhappybakery@gmail com Thank you for considering FASTSIGNS for your sign needs. All estimates that convert to an invoice will require 50% down and will be non refundable and most layouts will be done the next business day. Delivery is not included or can be for a small nominal fee. This is an estimate and changing the scope of work or materials will affect the price. Three versions of your sign(s) should be included with your estimate. If you exceed three sign proofs for this job there will be a charge of $35.00 per proof thereafter. PERMIT WAIVER, HOLD HARMLESS AGREEMENT BETWEEN FASTSIGNS AND CLIENT NAMED BELOW. THE UNDERSIGNED INDIVIDUAL AGREES TO ASSUME ALL RESPONSIBILITIES PERTAINING TO LOCAL, CITY, STATE AND/OR FEDERAL PERMITS FOR SIGNAGE, ELECTRICAL WORK, AND/OR CONSTRUCTION REQUIRED TO ERECT OR INSTALL SIGNS AT THE ADDRESS STATED BELOW. FURTHERMORE, THE UNDERSIGNED INDIVIDUAL AGRESS TO INDEMNIFY FASTSIGNS FROM ANY RECOURSE OR CONSEQUENCES RESULTING FROM THE APPLICATION FOR. OR FROM THE DECISION NOT TO APPLY FOR, ANY AND ALL PERMITS FOR THE BELOW ADDRESS. If you have any questions, please don't hesitate to call us at 619 474-1111. Sincerely, Isaac Melendez Product Font Qty Sides Height Width Unit Cost Item Total 1 GRAPHIC Color: White Description: Logos or Symbols Text: graphic design for logo Notes: 1 1 1 1 $225.00 $225.00 Line Item Total: Tax Exempt Amt: Subtotal: Taxes: Total: $225.00 $225.00 $225.00 $0.00 $225.00 Deposit Required: $112.50 Company: Lola Happy Bakery National City, CA Received/Accepted By: Shop Management Software. Estimate FAS I SIGNS Sign And Graphic SolunoPS Made Simple' Fastsigns 1240 E. Plaza Blvd. Suite 602 National City, CA 91950 ph. (619) 474-1111 fax (619) 474-1112 email: 237©fastsigns.com Estimate NC 237- 15750 Printed 5/18/2009 11:37.55AM Description: mags - pigs and text - custom shape Prepared For: Don H Company: Lola Happy Bakery Dear Don: ph: (619) 339-7378 email: lolhappybakery©gmail com Thank you for considering FASTSIGNS for your sign needs. All estimates that convert to an invoice will require 50% down and will be non refundable and most layouts will be done the next business day. Delivery is not included or can be for a small nominal fee. This is an estimate and changing the scope of work or materials will affect the price. Three versions of your sign(s) should be included with your estimate. If you exceed three sign proofs for this job there will be a charge of 535.00 per proof thereafter PERMIT WAIVER, HOLD HARMLESS AGREEMENT BETWEEN FASTSIGNS AND CLIENT NAMED BELOW. THE UNDERSIGNED INDIVIDUAL AGREES TO ASSUME ALL RESPONSIBILITIES PERTAINING TO LOCAL, CITY, STATE AND/OR FEDERAL PERMITS FOR SIGNAGE, ELECTRICAL WORK, AND/OR CONSTRUCTION REQUIRED TO ERECT OR INSTALL SIGNS AT THE ADDRESS STATED BELOW. FURTHERMORE, THE UNDERSIGNED INDIVIDUAL AGRESS TO INDEMNIFY FASTSIGNS FROM ANY RECOURSE OR CONSEQUENCES RESULTING FROM THE APPLICATION FOR, OR FROM THE DECISION NOT TO APPLY FOR, ANY AND ALL PERMITS FOR THE BELOW ADDRESS. If you have any questions, please don't hesitate to call us at 619 474-1111 Sincerely, Isaac Melendez Product Font Qty Sides Height Width Unit Cost Item Total 1 Magnetics Color: White Description: Single Magnetic with cut or printed vinyl applied. Text: mags - pigs and text Notes: 500 1 1 1 $0.24 $121.00 Line Item Total: Subtotal: Taxes: Total: $121.00 $121.00 $11.80 $132.80 Deposit Required: $66.40 Company: Lola Happy Bakery National City, CA Received/Accepted By: Shop Management Software. Painting, Flooring and Furniture We have recently concluded negotiations with the property management company to secure the unit next door. We will take possession on June 1 and do not have access until then. Since it would be more cost effective to do the painting, flooring and furniture after we have secured the unit and understand what we will need to do to join the two units into one, trying to use the funds now would not be an effective use of the dollars since we will need to revisit the cost when we have the detentions for the combined units. Informational Website Currently many consumers are looking for products on the internet. Lola Happy Bakery does not have a presence on the internet and this expense will allow for the development of a website for Lola Happy Bakery that will allow customers to locate us and view the products we have available. Hopefully, this will allow for cross selling. Live Help If`y� c_)fflina Ware message roer.�_+ Main Menu: Customer Testimonials: A Mountain Valley Home The ii sl ie(. design has fai exceeded rnv ^./ildest n'l„ ;c It y eye cateiim9 easy t� navigate. and full of well organized_ sek in fnrrnat!o , It Las ais.; 'vh-.en sc mucf traffic, to ou• site, we are now the i1 Recl fi. Rreakfa<t r. Estes Lynn Gardner Ar.,10:intai;n,Valie,,HornE,"_. Tom Riggs Majestic Sky did a wondeifu job on my website. As a freelance artist I need to he able to show y 'work to a lot of people Being a creative person I arm snmetimes also control freak Vhi-ro fit C,a Y(iC tirne to desian my website. however 1 had a vision of what I wanted and shared that with Chuck and then let him Nia jestic Hosting Plans > view the most common questions about web hosting > why host with us? > compare plans side by side Mgag Basic •-r=--:,-_ t. GP/ trmnth Spam F-Mail filter Weekly bad:irps - Now Included! O. ticmal dairy bac:kin. $7..20/r..'1^ .. - Setup Fee da, t $16.95 m per month $IG.95/mo billed annually Pro • L cicr..::-me.7- - s re5 'para re t esC T' es and t! c •r^.l_ EDJ::r,eS e& ACtitla personal or nahay sites Advances' server ripted sites requiring 3Sf or 32EE • • unique ID's .;GB Storage r. GP/month trot for 15 email addres_se7 Spam E-Mail fitter Weekly backups: - Now Included! Optional daily b:•,cknps 4'. 20 / nro S25 Setup Fee rfpclirct L $34.95 per month $:34.95 j mo billed annually • • Produc 6 Pe billed ±A JiK iiiS i CC kdn't r°' n;c'c!er svfiat vvas icionina InCIUdtni(t Imflemenrino Gr gutter. nut. i'iU but r0 . rc edCanti ToniRiyg Bristlecone Inn VVe had our weosite Uri ano nnlnn for nor a ypar anri bad on'! reueived 2 cb-sirs reservations Vvithin rico s of Majestic Sky host no ?he site and +he , �y , changes to li'. Su-e S L security on the website r:orn- recalve; trap i riSit our reservations on-line savinn uc rnth'rme;y nr'I money •ri Now that':ve are getting su many on-iine reservations, we ha✓e rj sc'overed a fey, ::Links" in our bock.,gig system Majestic Sky has been able to rectify the problems promptly and offsctb.raIy, yidu also Itecp us informed of the status of work throughout the project 4Ve nouid not be more reased . Jith your prcfessi onallsm and expertise Thank you Sandy Sristleconeinn c-m Pristine Photography If you're looking for someone to design and host your webs;te I highly recommend Majestic Sky. My updates are done in a timely manner and Chuck is always comiina Up Purchase Plan Purchase Ran 6Jiii... luca'a to freip file Ilia(nr`l ,work liA2lectIC Sky a thn -e,, ;ic Nc.:J aria y J r I! CC QIaL' v. a r11c11 ./C'i77f1 Pinitine:`infrffigl,i iv --oin A Mountain Valley Home eXoectatIons i‘- it Url!1 ! Il catrhm.- eaw tr, (�I gciniZc7. USCiUI info) matloi'. it has also driven sa much hrr.aftlfl, tor .i, It . ;rP Este. Park' , Card ten NfylountarmielleyHome corn Tom Riggs Maiest!c Sky did a wonderful „lt r ..,,.. _ it n !feciollCi'. milst I need to de arie to shopr, my work to a lot of r•oor-lp ReInoi a creative persronal,, sor-noII''les also d control freak When it carve time to (ieSinn my wohs',io 'i C4% eA+ei • had a VISiCn of what i wanted and shared that with Chuck and then let him waif: f`•,:a fnagio an his c 7 COJI•d;l'T De happier with the re oij's Ma;estir Sky desioned exactly ;` t . was looking fc including implementing a Pavnal shopping cart and I've gotten nothing but positive feedback from my own clients Tom Riggs TnroRiggs Bristlecone Inn vc had our Y'✓etsite up and 0. ii tor over a yoai aria I Iaa only received ofL � G hn Oi gal uj c£:LC US'.ii:y the she a.o„7 i?i=;klnlp mE ^ecessary nc...rcrciv:. r„vc than ; 50/, of saviiiig i1S houi LII`.c al',i tr ma ) r,e res r,-ata hate discoverea a 'E' kill KS' in C:Lr hooxinr sv5'.em r reedy tile pr0bieitis piomptl'y' an:: effectively you also keep Lis informed of ',be sr„t� �< of �'VI IC hick. input the piuiebt VVe icoul0 not be inure pleased with your professionalism and ey..yais e Sandy Eirisiieconelnn cam Pristine Photography If y:.C.e, lie:Ai fC. someone. to design and host ycrir website highly recommend Majestic. Sky ft.1y updates are dark in o troll y it aner- and Chuck Is always coming up with ideas to help me market r'l. - amy r c _ L 1 )emsi. Sky chance to help you the way I've been helped and vnu'll he yam,. gtad,ddl, y Jenni Prlc tinePhotographv coin Design Services: Hosting Services: Other Services: Company Info: Majestic Sky; LLC PO Sox 501. Los eia; .. CO i',05Fit.i O5O) 3O3.5O3-R812 Phone 97C 38 i-?.i69 y^cdiiergoric 3 O 5^ 3 9 5. 1 4. 7 if 1 a K- 2417 • UserTr:)st RATED BBB Aa%J* Np. We prefer PayPal PayPad VERIFJED Business/ Property Information 1. Year Built: Square Footage Parcel Number 2. Is this an Historical Register Building: Yes No ✓ (check one) Is this is a business of known local significance Yes No .----(check one) 3. Describe proposed project and impact on taxable sales. .L/c--q s"L n ?e:' %//IZ 5,, 'L /Y( L'% (,Cie=/"L. „hh!-5' .'.)7!';7 %j47_1V' 4. Proposed start date: CA 5. Number of Employees Proposed completion date: i»»/' Sales Tax Revenue Generated this Year $ /) Y 6. Please indicate how many full-time (FT) and part-time (PT) jobs will be Retained or Created once the project is completed? Retained Created Officials & Managers FT PT FT PT Professionals FT PT FT PT Technicians FT PT FT PT Sales FT PT FT PT Office/Clerical FT PT FT PT Craft (Skilled) FT PT FT PT Operations (Semi -skilled) FT PT FT PT Laborers (Unskilled) FT a PT 7 FT 3 PT / Service Workers FT PT FT PT 7. Attended the EDL Workshop? 8. Project Criteria ✓ Yes No (check one) BUSINESS: Yes No Participated in the San Diego State University Small Business Technical Assistance Program? Yes No Participated in Southwestern College's Small Business Development & International Trade Center Technical Assistance Program? 7 Yes No Has a current Business License issued by City of National City (show proof)? ✓ Yes No Is located within National City's Redevelopment Area? (See attached map) Yes No Creates Additional Jobs? If yes, how many? Part Time / Full Time : Yes ✓ No Is located within the Downtown Property Business Improvement District (PBID)? Yes No Has prior business experience in ownership or management? V Yes No Has a business plan and marketing plan? ✓ Yes No Complies with all ADA accessibility guidelines? Exhibit C SECURITY AGREEMENT This Security Agreement is made and entered into on this 6th day of October, 2009, by and between Donald Graham doing business as Lola Happy Bakery ("Debtor"), of 3142 E. Plaza Blvd., National City, CA, 91950, San Diego County, State of California, and Community Development Commission (CDC) of the City of National City ("Secured Party"), of 1243 National City Blvd., National City, 91950, San Diego County, State of California, as follows: For value received, the Debtor grants to the Secured Party a security interest in the following described property, referred to in this Security Agreement as the Collateral: 1998 Econoline 350 Van- VIN # FTSE34L5WHB90517,estimated at $5,000; True 3 door display refrigerator- serial number 491046 estimated at $3,000; True 2 door Display refrigerator - serial number 1-2675993 estimated at $1,500; Hobart 3 Door refrigerator- serial number 32282257 estimated at $2,500; Hobart Large Mixer -serial number 11412305 valued at $5,500; Frigidaire Lift Top Freezer 19.2 cubic inches- serial number WB73629467, estimated at $500; Budget ovens estimated at $6,000; Duke Steam Table- serial number 10060933 estimated at $3,500; with a total collateral value of approximately $27,500, as loan collateral, to secure (1) the Debtor's note of $15,000 to the Secured Party of October 6th, 2009, payable as to principal and interest as provided in the note; (2) future advances by the Secured Party to the Debtor, to be evidenced by similar notes; (3) all expenditures by the Secured Party for taxes, insurance, and repairs to and maintenance of the Collateral incurred by the Secured Party in the collection and enforcement of the note and other indebtedness of the Debtor; and (4) all liabilities of the Debtor to the Secured Party now existing or incurred in the future, matured and unmatured, direct or contingent, and any renewals, extensions, and substitutions of those liabilities. The Debtor warrants and covenants: The Collateral is to be used for personal, family, or household purposes. X The Collateral is to be used in business other than farming operations. The Collateral is equipment used in farming operation, or farm products, or accounts, contract rights, or general intangibles arising from or relating to the sale of farm products by a farmer. The Collateral is accounts, and the records concerning the accounts are kept at [address]. X The Collateral is a fixture attached to or to become attached to the above - described land. The Collateral is being acquired by the Debtor from the Secured Party or is being acquired with the proceeds of the advance evidenced by this Security Agreement. X The Debtor's residence is at 1025 Cordov Dr., Chula Vista, CA, 91910. X The Collateral will be kept at 3142 E. Plaza Blvd., National City, CAS 91950 X The Debtor's chief place of business is at 3142 E. Plaza Blvd., National Citv, CA. 91950. The Debtor warrants, covenants, and agrees as follows: TITLE 1. Except for the security interest granted by this Agreement, the Debtor has, or on acquisition will have, full title to the Collateral free from any lien, security interest, encumbrance, or claim, and the Debtor will, at the Debtor's cost and expense, defend any action that may affect the Secured Party's security interest in, or the Debtor's title to, the Collateral. FINANCING STATEMENT 2. No financing statement covering the Collateral or any part of it or any proceeds of it is on file in any public office. At the Secured Party's request, the Debtor will join in executing and pay the filing fees required for all necessary financing statements in forms satisfactory to the Secured Party, and will further execute all other instruments deemed necessary by the Secured Party. SALE, LEASE, OR DISPOSITION OF COLLATERAL 3. The Debtor will not, without the written consent of the Secured party, sell, contract to sell, lease, encumber, or dispose of the Collateral or any interest in it until this Security Agreement and all debts secured by it have been fully satisfied. INSURANCE 4. Until final termination of this Security Agreement, the Debtor will, at its own cost and expense, insure the Collateral with companies acceptable to the Secured Party against the casualties and in the amounts that the Secured Party shall reasonably require with a loss payable clause in favor of the Debtor and Secured Party as their interests may appear. The Secured Party is authorized to collect sums that may become due under any of the insurance policies and apply them to the obligations secured by this Security Agreement. A duplicate copy of each such policy shall be delivered by the Debtor to the Secured Party. PROTECTION OF COLLATERAL 5. The Debtor will keep the Collateral in good order and repair and will not waste or destroy the Collateral or any part of it. The Debtor will not use the Collateral in violation of any statute or ordinance, and the Secured Party will have the right to examine and inspect the Collateral at any reasonable time. 2 Security Agreement TAXES AND ASSESSMENTS 6. The Debtor will pay promptly when due all taxes and assessments on the Collateral, or any part of the Collateral, or for its use and operation. LOCATION AND IDENTIFICATION 7. The Debtor will keep the Collateral separate and identifiable, and at the address shown above, and will not remove the Collateral from that address without the Secured Party's written consent, for as long as this Security Agreement remains in effect. SECURITY INTEREST IN PROCEEDS AND ACCESSIONS 8. The Debtor grants to the Secured Party a security interest in and to all proceeds, increases, substitutions, replacements, additions, and accessions to the Collateral, and to any part of the Collateral. This provision shall not be construed to mean that the Debtor is authorized to sell, lease, or dispose of the Collateral without the prior written consent of the Secured Party. DECREASE IN VALUE OF COLLATERAL 9. The Debtor shall, if in the Secured Party's judgment the Collateral has materially decreased in value or if the Secured Party shall at any time deem that the Secured Party is financially unstable, either provide enough additional Collateral to satisfy the Secured Party or reduce the total indebtedness by an amount sufficient to satisfy the Secured Party. REIMBURSEMENT OF EXPENSES 10. At the option of the Secured Party, the Secured Party may discharge taxes, liens, interest, or perform or cause to be performed for and on behalf of the Debtor any actions and conditions, obligations, or covenants that the Debtor has failed or refused to perform, and may pay for the repair, maintenance, and preservation of the Collateral, and may enter the premises where the Collateral or any part of it is located and cause to be performed as agent and on the account of the Debtor any acts that the Secured Party may deem necessary for the proper repair or maintenance of the Collateral or any part of it. Any and all sums expended by the Secured Party under this paragraph, including but not limited to, attorney's fees, court costs, agent's fees, or commissions, or any other costs or expenses, shall bear interest from the date of payment at the annual rate of 8.5 percent, and shall be payable at the place designated in the Debtor's note, and shall be secured by this Security Agreement. PAYMENT 11. Should the BUSINESS be sold, hypothecated, vacated, leased, transferred, assigned, or alienated on or before five (5) years from the Completion Date of the improvements, this Loan shall be repayable in full by the BUSINESS OWNER(S) to CDC, upon demand, with interest at the option of the CDC, (each, a "Transfer"), without first obtaining the written consent of the Beneficiary, then all obligations secured by the Security Agreement may be declared due 3 Security Agreement and payable, at the option of the Beneficiary, as stated in Sections V through VII of the Economic Development Loan Agreement (as defined in the Note). Consent to one transaction of this type will not constitute a waiver of the right to acquire consent to future or successive transactions. Interest shall be calculated at 8.5 % per annum simple interest retroactive to the date of the Loan. Unless BUSINESS OWNER(S) has complied with the terms of the AGREEMENT, the Loan identified shall constitute a lien upon the Business in the amount of the loan plus interest computed. The Debtor will pay the note secured by this Security Agreement and any renewal or extension of it and any other indebtedness secured by this Security Agreement in accordance with the terms and provisions of this Security Agreement. On full payment by the Debtor of all indebtedness secured by this agreement in accordance with this Security Agreement, this Security Agreement shall expire, and the Secured Party's security interest in the Collateral, as set forth in this Security Agreement, shall terminate. CHANGE OF RESIDENCE OR PLACE OF BUSINESS 12. The Debtor will promptly notify the Secured Party of any change of the Debtor's residence, chief place of business, or place where records concerning the Collateral are kept. TIME OF PERFORMANCE AND WAIVER 13. In performing any act under this Security Agreement, and the note secured by it, time shall be of the essence. The Secured Party's acceptance of partial or delinquent payments, or the failure of the Secured Party to exercise any right or remedy, shall not constitute a waiver of any obligations of the Debtor or right of the Secured Party, and shall not constitute a waiver of any other similar default that occurs later. DEFAULT 14. The Debtor shall be in default under this Security Agreement on the occurrence of any of the following events or conditions: 1) Default in the payment or performance of any note, obligations, covenant, or liability secured by this Security Agreement; 2) Any warranty, representation, or statement made or furnished to the Secured Party by or on behalf of the Debtor proves to have been false in any material respect when made or furnished; 3) Any event that results in the acceleration of the maturity of the indebtedness of the Debtor to others under any indenture, agreement, or undertaking; 4) Loss, theft, substantial damage, destruction, sale, or encumbrance to or of any of the Collateral, or the making of any levy, seizure, or attachment of or on the Collateral; 4 Security Agreement 5) Any time the Secured Party reasonably believes that the prospect of payment or any indebtedness secured by this Security Agreement or the performance of this Security Agreement is impaired; or 6) Death, dissolution, termination of existence, insolvency, business failure, appointment of a receiver for any part of the Collateral, assignment for the benefit of creditors, or the commencement of any proceeding under any bankruptcy or insolvency law by or against the Debtor or any guarantor or surety for the Debtor. REMEDIES 15. On the occurrence of any event of default, and at any later time, the Secured Party may declare all obligations secured due and payable immediately, and may proceed to enforce payment, and exercise any and all of the rights and remedies provided by the California Commercial Code as well as other rights and remedies either at law or in equity possessed by the Secured Party. The Secured Party may require the Debtor to assemble the Collateral, and make it available to the Secured Party at any place to be designated by the Secured Party that is reasonably convenient to both parties. Unless the Collateral is perishable, threatens to decline speedily in value, or is of a type customarily sold on a recognized market, the Secured Party will give the Debtor reasonable notice of the time and place of any public sale or of the time after which any private sale or any other intended disposition of the Collateral is to be made. The requirement of reasonable notice shall be met if the notice is mailed, postage prepaid, to the address of the Debtor shown at the beginning of this Security Agreement at least five days before the time of the sale or disposition. Expenses of retaking, holding, preparing for sale, selling, or the like shall include the Secured Party's reasonable attorneys' fees and legal expenses. MISCELLANEOUS PROVISIONS 16. (a) California Law to Apply: This Security Agreement shall be construed under and in accordance with the California Commercial Code and other applicable laws of the State of California, and all obligations of the parties created under this Security Agreement are performable in San Diego County. (b) Parties Bound: This Security Agreement shall be binding on and inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors, and assigns as permitted by this Security Agreement. (c) Attorneys' Fees: Should any legal action based in contract law be commenced between the parties to this Security Agreement concerning the Collateral, this Security Agreement, or the rights and duties of either party in relation to them, the prevailing party shall be entitled to a reasonable sum as reimbursed for his or her attorneys' fees and legal expenses. 5 Security Agreement (d) Legal Construction: In case any one or more of the provisions contained in this Security Agreement shall for any reason be held invalid, illegal, or unenforceable in any respect, the invalidity, illegality, or unenforceability of that provision shall not affect any other provision of this Security Agreement, and this Security Agreement shall be construed as if the invalid, illegal, or unenforceable provision had never been contained in it. (e) Prior Agreements Superseded: This Security Agreement constitutes the only agreement of the parties, and supersedes any prior understandings or written or oral agreements between the parties respecting the subject matter of this Security Agreement. (f) Definitions: All terms used in the Security Agreement that are defined in the California Commercial Code shall have the same meaning in this Security Agreement as in the Code. This instrument was prepared by The Community Development Commission (CDC) of the City of National City, whose address is 1243 National City Blvd., National City, CA, 91950. Dated: 6"Cicz'o0rg DEBTOR Donald Graham doing business as Lola Happy Bakery By:�'s�c:y2 —, Donald Graham, Sole Proprietor SECURED PARTY Community Development Commission of the City of National City By: Brad Raulston, Executive Director 6 Security Agreement PROMISSORY NOTE SECURED BY SECURITY AGREEMENT San Diego, California October 6, 2009 1. For value received, the undersigned, DONALD GRAHAM ("Borrower" or "Lola Happy Bakery"), promises to pay to the order of the Community Development Commission of the City of National City ("Lender" or "CDC"), in accordance with the provisions of this Promissory Note ("Note"), on or before the Loan Maturity Date (defined below), the initial sums of Fifteen Thousand and no/100 Dollars ($15,000) (the "Loan Amount"). 2. The "Effective Date" of this Note is October 6, 2009, the date of the initial advance of funds. 3. All capitalized terms used in this Note, unless otherwise defined, will have the respective meanings specified in the Economic Development Loan Agreement or the Security Agreement entered into between the Borrower and Lender on October 6, 2009 which meanings are incorporated herein by this reference as though fully set forth. 4. If any provision of this Note conflicts with or is inconsistent with the provisions of the Economic Development Loan Agreement or the Security Agreement (all collectively, the "Economic Development Loan Agreements"), the Economic Development Loan Agreements shall supersede. 5. The Loan Amount will bear interest at the rate of 8.5% per annum simple interest retroactive to the date of the Loan, which is the Effective Date of this Note. 6. The Loan Amount will be due on the Loan Maturity Date (as defined below). 7. "Loan Maturity Date" means the date on which the indebtedness evidenced by this Note is due pursuant to the terms of any of the Economic Development Loan Agreements, which includes, but is not limited to, immediate repayment if the Business is sold, leased, conveyed, refinanced, vacated, transferred, assigned, alienated, or hypothecated within five (5) years from the Completion Date of the improvements as defined by and at the option of the CDC. 8. All payments will be applied first to accrued interest then to the principal. 9. The Loan Amount is payable in lawful money of the United States of America, in same day funds at any place that Lender or the legal holders of this Note may, from time to time, in writing designate, and in the absence of that designation, then by cashiers check delivered to the attention of the Finance Department at CDC's office located at 1243 National City Boulevard, National City, California 91950. 1 Promissory Note. 10. The principal amount of the indebtedness evidenced by this Note may, at the option of the Borrower, be prepaid in whole or in part without penalty or premium. 11. Time is of the essence. A failure by Borrower to fully repay the Loan on or before the Loan Maturity Date will constitute an Event of Default under this Note and entitle Lender to exercise any and all of its contractual, legal or equitable remedies including but not limited to those set forth in the Economic Development Loan Agreements. 12. On the occurrence of an Event of Default under this Note, or on the occurrence of any Event of Default under any of the Economic Development Loan Agreements, or on the occurrence of any other event that, under the terms of any of the Economic Development Loan Agreements, gives rise to Lender's right to accelerate the repayment of the outstanding Loan Amount, then, at the sole option of Lender, the full outstanding amount of this Note, or any part thereof specifically designated by the Lender in writing, shall immediately become due and payable by Borrower to Lender, without any further presentment, demand, protest, or notice of any kind. Borrower agrees that this Note will be deemed to have been made under, and will be governed by, the laws of the state of California in all respects, including matters of construction, validity, and performance, and that none of its terms or provisions may be waived, altered, modified, or amended except as Lender may consent to in a writing duly signed by Lender or its authorized agents. 13. This Note is to become secured, among other security, by a security agreement covering a 1998 Econoline 350 Van- VIN # FTSE34L5WHB90517,estimated at $5.000; True 3 door display refrigerator- serial number 491046 estimated at $3,000; True 2 door Display refrigerator- serial number 1-2675993 estimated at $1,500; Hobart 3 Door refrigerator - serial number 32282257 estimated at $2,500; Hobart Large Mixer -serial number 11412305 valued at $5,500; Frigidaire Lift Top Freezer 19.2 cubic inches- serial number WB73629467, estimated at $500; Budget ovens estimated at $6,000; Duke Steam Table - serial number 10060933 estimated at $3,500; with a total collateral value of approximately $27,500, as loan collateral, is incorporated herein by this reference as though fully set forth herein, to be executed by the undersigned. This Note is the Note referred to in the Economic Development Loan Agreements, as well as the Security Agreement, and is entitled to the benefits of the Economic Development Loan Agreements, that contain among other things, provisions for acceleration of the maturity of this Note on the happening of certain stated events. 14. The Security Agreement provides as follows: "Should the BUSINESS be sold, hypothecated, vacated, leased, transferred, assigned, or alienated on or before five (5) years from the Completion Date of the improvements, this Loan shall be repayable in full by the BUSINESS OWNER(S) to CDC, upon demand, with interest at the option of the CDC", (each, a "Transfer"), without first obtaining the written consent of the Beneficiary, then all obligations secured by the Security Agreement may be declared due and payable, at the option of the 2 Promissory Note. Beneficiary, as stated in Section V of the Economic Development Loan Agreement (as defined in the Note). Consent to one transaction of this type will not constitute a waiver of the right to acquire consent to future or successive transactions. 15. Borrower agrees that, if Lender or holder of this Note incurs: (i) any costs, fees, or expenses, including costs of procuring evidence of title incurred in connection with sale; or (ii) any costs including, without limitation, attorney fees, incurred in enforcing payment, whether or not suit is filed, or protecting security, including, without limitation, all costs, attorney fees, and expenses incurred in connection with any bankruptcy, reorganization, arrangement, or other similar proceedings involving the undersigned or the Property, that in any way affects the exercise of rights and remedies under this Note or the Economic Development Loan Agreements, then Borrower will repay such expenses upon receipt of written demand from Lender, and, if such expenses are not immediately repaid, such outstanding amount will increase the currently outstanding indebtedness under this Note, and be secured by the Security Agreement All costs and expenses incurred by Lender or holder of this Note to obtain relief from the stay of bankruptcy statutes are specifically included in the expenses referred to in this Paragraph. 16. Regardless of any of the provisions of this Note, nothing in this Paragraph will be deemed to limit or prejudice the rights of Lender to: (a) enforce the Security Agreement or enforce any of its other rights or remedies under the Economic Development Loan Agreements; or (b) proceed against any entity or person, including Borrower with respect to the enforcement of any leases, bonds, policies of insurance, or other agreements; or (c) recover damages against Borrower for fraud, breach of warranty, failure to maintain insurance, waste, or material misrepresentation; or (d) recover any condemnation proceeds or insurance proceeds or other similar funds or payments attributable to the Property that, under the terms of the Economic Development Loan Agreements should have been paid to Lender; or (e) recover any tenant security deposits, prepaid rents, or other similar sums paid to or held by Borrower or any other entity or person in connection with the Business; or (f) recover the rents and profits of the Business accruing from and after the occurrence of an Event of Default that have not been applied to pay any portion of the outstanding indebtedness of this Note, operating, and maintenance expenses of the Business, insurance, premiums, impositions, deposits into a reserve for replacement, or other sums required by the Loan Document; or (g) recover damages including, without limitation, recovery of all amounts authorized under any environmental indemnity agreement between Lender and Borrower, relating to breach of any covenant, representation, or warranty of Borrower in the Economic Development Loan Agreements; or (h) recover from Borrower the entire outstanding indebtedness of this Note, if the exercise of any right or remedy under federal, state, or local forfeiture laws results in the loss of the lien of any Security Agreement, or the priority of such, against the respective Business; or (i) recover funds to reimburse Lender for sums expended by Lender for the protection or preservation of the Property or Lender's interest in it (including, without limitation, payment of any real property taxes or assessments). Any liability of Borrower for any obligations arising in connection with the matters set forth in the above clauses, (a) through (i) inclusive, will be personal liability, and may be asserted against and recovered from its or their interest in the Business, as well as, against any of Borrower's other assets. Any liability of Borrower arising in connection with matters set forth in clause (g) will not be limited to the outstanding principal amount of this Note, 3 Promissory Note. and Borrower's obligations will survive foreclosure, deed in lieu of foreclosure, release, partial release, reconveyance, partial reconveyance, or any other transfer of the Property. 17. The Security Agreement will be reconveyed upon Lender's satisfaction that all obligations secured by the Security Agreement have been performed in full. In witness whereof, the undersigned has caused this Promissory Note to be executed. Dated: (..",,�� ,V09 Borrower: Donald Graham doing business as Lola Happy Bakery By: .f'1'�-�0'Donald Graham, Graham, Sole Proprietor State of California County of t_bnn OnO^k 3.QY (DI 6009 before mel1 wyos,nj,)-6.�Pvb)1(, personally appearedlj ,�d Maliaeld mwho proved to me on the basis of satt factory evidence to be the person whose name subscribed to the within instrument and acknowled ed to me that (sljeftkey executed the same i -rltheir authorized capacity, and that by hi /Iteriztlie.ir- signatureon the instrument the person or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Si ature of Notary Public 4 Promissory Note. UCC FINANCING STATEMENT FOLLOW INSTRUCTIONS (front and barer) CAREFULLY A. NAME 8 PHONE OF CONTACT AT FLER [opional1 Mike Dana, City Clerk, City of National City, CA (619) 336-4226 R. SEND ACKNOWLEDGMENT TO: (Name and MO'ses) I Mike Della Office of the City Clerk City of National City 1243 National City Blvd National City, CA 91950 L_ 1 09-7215696500 11/30/2009 17:00 Ic..�1 FILED CIN.IFOaNIA .7{77 1ICN*TMIT OF STATE MPHliuil 23179771002 UCC 1 F: THE AtIOVE APACE in FOR FILING OFFICE USE ONLY 1.DEBTOR'S EXACT PULL LEGAL NAME-h.stosrsonisbtarn.sseisa1b)-asses eraiA>esnhis rwrm OR 1a ORGAMiATION'S NAME 1b.PIDIVIDUAL'SLASTNANIE Graham FIRST NAME Donald MIDDLE NAME SUFFIX to. MAILING ADDRESS 3142 E. Plaza Blvd. CRY National City STATE CA POSTAL CODE 91950 COUNTRY U.S. Id ....w wants REMOVED ADM INFO RE Its. TYPE OF ORGANIZATION MOOR I Sole Proprietorshil 1f. JURISDICTION OF ORGANIZATION County of San Diego 1s. ORGANIZATIONAL IDf, 7 any ❑NONE 2. ADDITIONAL DEBTOR'S EXACT FULL LEGAL NAME . insert eNy sag debar n.n. R. a 2b) -de nal .bbml.M or cambia. macs OR 2a. ORGANIATIOMS NAME 2b. NCIVIIXJAL'S LAST NAME FIRST NAME MIDDLE NAME SUFFIX 2c. MAILING ADDRESS CITY STATE POSTAL CODE COUNTRY 2d 55E1E5nUaD2E ADOt INFO RE I2.. TYPE OF ORGANIZATION ORGAMZhTION DEBTOR I 2f. JURISDICTION OF ORGANIZATION 2p ORGANIZATIONAL EJ /, irony nNCNE 3_ SECURED PARTY'S NAME orroower rarm. ASSIOP EEorASSYGNORSIP)-in.ed«dyonissoun d porryrwne(J.alb) OR 3a OROANIYATIONS NAME Community Development Commission (CDC) of the City of National City 3b. INDIVIDUAL'S LAST NAME FIRST NAME MEXXE NAME SUFFIX 3c. MAaJNGADDRESS 1243 National City Blvd. CRY National City STATE CA POSTAL CODE 91950 COUNTRY U.S. 4. Thi. FlNANCNG STATEMENT cow. V.,o.eri.q eo{i.nrs: 1998 Econoline 350 Van- VIN # FTSE34L5W13B90517,esthnated at $5,000; True 3 door display refrigerator- serial number 4 91046 estimated at $3,000; True 2 door Display refrigerator, serial number 1-2675993 estimated at $1,500; Hobart 3 Door refrigerator- serial number 32282257 estimated at $2,500; Hobart Large Mixer -serial number 11412305 valued at $5,500; Frigidaire Lift Top Freezer 19.2 cubic inches- serial number WB73629467, estimated at $500; Budget ovens estimated at $6,0 00; Duke Steam Table- serial number 10060933 estimated at $3,500; with a total collateral value of approximately $27,500, 5. ALTERNATIVE DESIONATION .FPIIa.Ms1: 5. r'TN*FINAI4(. brL wab. Ms 1 1IFPTATE RECORDS AI. hAdd.oAn1 e. OPRONAL FILER REFERFIICE DATA LESSEELESSCR iaca moaned) F9. RbAL 17. CMek b R4. EST SEARCHCONSIONEFJCONSIONOR R REPORT l) I M D0. LEN� fDs�b FILING 2 W .ediwbMl IADCR1oNM FEET feeaonall rd. DehYse For S15,000 Economic Development Loan Program, CDC of National City, CA. & Lola Happy Bakery (Donald Grabam) international Association of Commends! Administrators (IACA) FILING OFFICE COPY — UCC FINANCING STATEMENT (FORM UGC 1} (REV. 05l22J02) SECRETARY OF STATE STATE OF CALIFORNIA UCC Filing Acknowledgement 12/03/2009 NATIONAL CITY CHAMBER OF COMMERCE 901 NATIONAL CITY BOULEVARD NATIONAL CITY CA 91950-3203 Page 1 of 1 • Filing Fee: $10.00 Total Fee: $10.00 The California Secretary of State's Office has received and filed your document. The information below reflects the data that was indexed in our system. Please review the information for accuracy. Included is an image of the filed document to assist you in your review. If you find a potential error, please notify the UCC Section at the number listed below at your earliest convenience. Filing Type: Financing Statement Filing Number: 09-7215696500 Debtor(s): INDIVIDUAL File Date: 11/30/2009 File Time: 17:00 Lapse Date: 11/30/2014 GRAHAM, DONALD, , 3142 E. PLAZA BLVD. NATIONAL CITY CA USA 91950 Secured Partv(ies): ORGANIZATION COMMUNITY DEVELOPMENT COMMISSION (CDC) OF THE CITY OF NATIONAL CITY 1243 NATIONAL CITY BLVD. NATIONAL CITY CA USA 91950 Filing by the Secretary of State is not conclusive proof that all conditions for securing priority have been met. Ensuring that accurate information is on the document to be filed is the responsibility of the filing party. If this filing is challenged, the Secretary of State does not guarantee that the filing is legally sufficient to secure priority under UCC Article 9 and expressly disclaims any liability for failure of the filing party to secure priority resulting from the information contained in the filed document, or the lack of information on the filed document. [EIIropM COMMERCIAL AL CODE 1590 11TH STREET, ]ND FL • SACRAMENTO, CA 95814 -PO BOX 942935 • SACRAMEN O, CA 94235-0001 ' (916) 653-3516 •l{rIPS-NCCCONNECT,SOS.CA OOV PROGRAMS AROCVES, B1Z28rS PROGRAMS ELECTIONS, INFORMATION TECHNOLOGY, CALWORNIA STATE HISTORY MUSEUS, MANAGEMENT SERVICES, SAFE AT HOME, DOMES:ICPARINER.S REGISTRY, NOTARY PUBLIC, POLITICAL REFORM SECRETARY OF STATE STATE OF CALIFORNIA Packing Slip Page 1 of 1 NATIONAL CITY CHAMBER OF COMMERCE Customer Account No: 26280907 901 NATIONAL CITY BOULEVARD Batch No : 2317977 NATIONAL CITY CA 91950-3203 Date : 12/03/2009 Item Name / Reference No. Status Amount Financing Statement - 2 pages 09-7215696500 Processed $10.00 or less Check 15567 Retained $10.00 Total Fees Charged : Total Payment Received : Total Debited From Customer Account : Balance Credited to Customer Account : Amount to be Refunded : $10.00 $10.00 $0.00 $0.00 $0.00 Note Unless specifically requested, overpayments are credited to your Customer Account for future use. Any balance credited to the Customer Account may be refunded upon request. IImORM COMMERCIAL CODE 1500 11TH STREET, 3ND Pt • SACRAMENTO, CA 95814. PO BOX 942835 • SACRAMENTO, CA 94235-0001.916 653 3516 • HTTPSYNCCCOIIVECTSS.CA W V PROGRAMS ARCHIVES, BUSINESS PROGRAMS, ELECTIONS, INFORMATION TECHI1OLOGY, CALIFORNIA STATE HISTORY MUSEUM, MAN AGEMENI SERVICES, SAFE AT HOME, DOMESTIC PARTNERS REGISTRY, NOTARY PUBLIC, POLITICAL REFORM