Lauro G. and Gayle W. Guaderrama - Page 5




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          telephone number to L&G for no consideration.  At the same time,               
          Guaderrama, as president of L&G, executed a lease with Benavidez               
          that provided for monthly rental payments of $3,031.34 by                      
          Benavidez.  Although the lease agreement was between Benavidez                 
          and L&G, Benavidez’ payments were made directly to Guaderrama.                 
          Under the lease agreement, Benavidez agreed to make payments for               
          a period of 15 years.  The monthly payments represented an                     
          amortization of the construction costs of Severo’s, calculated at              
          a 15-percent interest rate.  In a letter from Guaderrama’s                     
          attorney, Steven Fairfield (Fairfield), to Benavidez, Fairfield                
          referred to the payments as Guaderrama’s costs plus an interest                
          component.  After 10 years, Benavidez had the option to purchase               
          Severo’s for 125 percent of the remaining balance.  Benavidez                  
          intended to exercise the option to purchase Severo’s and sought                
          financing from the Small Business Administration (SBA).                        
               The lease agreement was subsequently amended in May and June              
          1992 to account for additions to Severo’s and loans made by                    
          Guaderrama to Benavidez for furniture to be used in Severo’s.                  
          The final lease agreement provided for monthly payments of                     
          $3,821.70.  This monthly payment was based on Guaderrama’s total               
          construction costs of $272,237.26, which included the $25,000                  
          that Guaderrama lent Benavidez to pay off the note for the land,               
          and again also included an interest component on Guaderrama’s                  
          expenses at a rate of 15 percent.                                              






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Last modified: May 25, 2011