- 3 - proceeds, however, were not used to construct a new restaurant and bar because by the time the insurance company paid Benavidez the liquor license would have possibly lapsed due to inoperation of the bar. Benavidez purchased a tract of real property located in Dona Ana County, New Mexico, from Rodolfo Saenz (Saenz) to be the site for a new restaurant and bar. Under the contract dated July 31, 1990, Benavidez was to pay Saenz $35,000 for the land. This payment was structured to require a $10,000 downpayment, with the $25,000 balance payable in equal annual installments of $6,594.94 for a period of 5 years, the first payment being due on July 15, 1991. Saenz deeded the land to Benavidez on July 31, 1990. After obtaining the land from Saenz in July 1990, Benavidez attempted to obtain financing through banks to build a new restaurant but was turned down by two or three different banks. The banks would not provide financing to Benavidez because they were unwilling to accept the only asset he had--his liquor license--as collateral. Benavidez had purchased his liquor license in 1985 for approximately $45,000. The availability of alcoholic beverages, in general, attracts more business to a restaurant, and a liquor license can cost as much as $100,000 to $200,000 in Dona Ana County, New Mexico. Consequently, Benavidez entered into negotiations with Lauro Guaderrama (Guaderrama), a farmer in New Mexico during the yearsPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011