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Ordinance 2015-15 ORDINANCE NO. 2015 - 1.5 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO 2002-38, AS AMENDED, THE COLLIER COUNTY REDEVELOPMENT GRANT PROGRAM ORDINANCE, IN ORDER TO ESTABLISH THE SWEAT EQUITY GRANT PROGRAM FOR THE IMMOKALEE COMMUNITY REDEVELOPMENT AREA; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on March 14, 2000, the Board of County Commissioners ( Board) adopted Resolution No. 2000-82, which established and described the Bayshore/Gateway Triangle Redevelopment Area and the Immokalee Community Redevelopment Area; and WHEREAS, through its adoption of Resolution No. 2000-83, the Board created the Community Redevelopment Agency of Collier County, Florida(CRA); and WHEREAS, Collier County Ordinance No. 2000-42, established the Redevelopment Trust Fund which appropriated "incremental tax revenues" for community redevelopment purposes; and WHEREAS, Resolution No. 2000-181 adopted a Community Redevelopment Plan for the "Community Redevelopment Area," which included the Bayshore/Gateway Triangle Redevelopment Area and the Immokalee Community Redevelopment Area; and WHEREAS, on July 30, 2002, the Board adopted Ordinance No. 2002- 38, the "Collier County Redevelopment Grant Program Ordinance" which created the Site Improvement Grant and the Impact Fee Assistance Grant Programs for the Bayshore/Gateway Triangle Redevelopment Area; and WHEREAS, subsequent amendments to Ordinance No. 2002-38 established the Modified Sweat Equity Improvement Grant, the Shoreline Stabilization Grant, the Landscape Improvement Grant, the Commercial Building Improvement Grant, and the Community Event Grant Programs for the Bayshore/Gateway Triangle Redevelopment Area and the Façade Grant Program for the Immokalee Community Redevelopment Area; and [14-CRA-00311/1132928/1] Page 1 of 3 WHEREAS, the Board desires to amend Ordinance No. 2002-38, as amended, in order to create a Sweat Equity Grant Program for the Immokalee Community Redevelopment Area using a portion of the funds in the Redevelopment Trust Fund. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Adoption of the Sweat Equity Grant Program for the Immokalee Community Redevelopment Area. The Sweat Equity Grant Program for the Immokalee Community Redevelopment Area is hereby adopted. A copy of 1) said grant program policies and procedures document, 2) application, 3) project summary form, and 4) payment request form are annexed to this Ordinance, adopted and made a part of this Ordinance by reference. This Sweat Equity Grant Program shall be administered pursuant to Ordinance No. 2002-38, as amended, and may be amended by resolution of the CRA. SECTION TWO: Conflict and Severability. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: Inclusion in the Code of Laws and Ordinances. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or re-lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION FOUR: Effective Date. This Ordinance shall take effect upon filing with the Department of State. [14-CRA-00311/1132928/1] Page 2 of3 PASSED AND DULY ADOPTED by a vote of a majority of the Board of County Commissioners of Collier County, Florida, this ttikIday of Tt)o`r-QCNIrt.)\2015. ATTEST: . , BOARD OF COUNTY COMMISSIONERS DWIGHT*E BROM CLERK COLLIER COUNTY, FLORIDA • A / By DeDUtY Clerk Attest as tO their:flaws TIM NANCE , CHAIRMAN signature Approved as to form and legality: CJL \\K Jenn .A. Belpedio ( -(4 Assistant County Attorney 37 This 'ordinance fiz with hc Secretary doy of tc_ and ocknowlac:7 -:-iiri.1: : thcit fill received this I. dcy of y- ac s- • it Deputy Cleric [14-CRA-00311/1132928/I] Page 3 of 3 Collier County Community Redevelopment Agency IMMOKALEE CRA The Place to Call Home Immokalee CRA Commercial Sweat Equity Grant Program Policies and Procedures Immokalee CRA 750 South Fifth Street Immokalee, FL 34142 (239)867-0025/27 Immokalee CRA Sweat Equity Improvement Grant 1 IMMOKALEE COMERCIAL SWEAT EQUITY GRANT PROGRAM General Provisions The Collier County Community Redevelopment Agency (CRA) hereby creates the Commercial Sweat Equity Grant Program to provide financial assistance to existing commercial structures in the Immokalee Redevelopment Area by offering financial and technical assistance for aesthetic site improvements. Improvements must be exterior improvements to the structure or surrounding site. All improvements must meet the criteria listed below as well as the current requirements of the land development code, building code, and any applicable zoning overlays. Improvements that remedy existing code enforcement violations also qualify if combined with other site improvements. The CRA is funded by Tax Increment Financing (TIF), a capture of Collier County's property taxes above the year 2000 property tax value. TIF is a unique tool that CRAs can use to leverage public funds and to promote private sector activity: • The Grant is for commercial for-profit business structures that: 1) pay into the CRA tax increment, and 2) which are operating with a valid occupational license within the Immokalee Community Redevelopment Area, as established by Collier County Ordinance No. 2000-42. • The CRA will reimburse 50% of the cost of materials only for external improvements to existing structures, buildings and surrounding property. • Grants will be paid out on a reimbursement basis upon verification by CRA staff that the items identified on material receipts have been used on the property for the purposes outlined on the application. • The minimum grant amount under this program shall be $250.00 (minimum $500.00 total material cost). • The maximum grant amount under this program shall be $2000.00 (minimum total material cost $4000.00). • No monetary value will be placed on the applicants sweat equity. Funds may not be used to cover the cost of labor or personal effort. • Funds may not be used to cover any permitting, design and/or inspection fees. • Applicant must perform at least two exterior improvements that have been accepted by the CRA Advisory Board. Examples include windows/doors, stucco/paint, landscaping/irrigation, awnings/shutters, etc. • Grant applications will be considered on a first-come first-served basis by CRA staff. • Grants applications shall be awarded by the CRA Governing Board upon recommendation by 1) CRA staff, and 2)the CRA Local Advisory Board. • Grants will be considered for award by CRA staff based on funding availability. • In order to spread the impact of the program throughout the community, there will be a one-year waiting period between grant awards for each individual property. • All proposed work must be approved via written CRA notice-to-proceed before beginning any work. • Grant funding is not retroactive. Receipts that are dated before application approval date will not be a recognized expenditure. Immokalee CRA Sweat Equity Improvement Grant 2 t`�! • All work must be completed within one hundred and eighty (180) days of approval of the grant application by CRA Governing Board (BCC). Applicants are required to request a meeting with staff prior to submittal of application. • Materials must be purchased from a commercial retail establishment with no family relation to the applicant. • All property taxes must be paid on the structure to be improved. • If leased property, applicant/tenant must submit a signed Owner Authorization Form. • In order to protect the CRA's investment, the owner must maintain property insurance on the improved structure for a period of five years from completion. • Should the applicant fail to pay creditors for the materials cited in this application, the CRA shall be released from all liability. • All sweat equity work to be completed under this program must be: o Reviewed and recommended for approval by the Immokalee CRA Local Advisory Board, and o Pre-approved by the CRA Governing Board (BCC). • Should the Grantee transfer, sell, divest itself of its interest in the subject property, remove the items from the structure, or fail to maintain the improvements (neglected landscaping, moldy stucco/paint, broken windows, etc.) during the five-year period following receipt of the grant funds, the CRA shall be entitled to reimbursement of the grant funds using the repayment schedule below. Should the property be sold, the liability will transfer to the new owner. The grant application will be recorded in the Public Records of Collier County. Elapsed Time Amount Due CRA 0 to one year after grant funds received 100% One year after grant funds received 80% Two years after grant funds received 60% Three years after grant funds received 40% Four years after grant funds received 20% Five years after grant funds received 0% • At each annual anniversary date of the grant approval, for a period of five years, CRA staff will perform an annual inspection of the improved property in order to verify that the improvements have been properly maintained and that any movable items paid for using CRA grant funds are still on the premises. • Should the property change hands during the course of the five-year period following receipt of the grant funds, the selling and receiving parties will be required to summit a completed Property Transfer Form to the CRA office so that the CRA can maintain communications with the current owner. Grant funds may be used for the following improvements: • Painting (manufacturer color swatches must be provided with application and approved) • Window or door replacements or repairs to hurricane standards, hurricane shutters • Awnings or window treatments • Re-pointing of mortar joints for brick or stone fronts • Stucco work Immokalee CRA Sweat Equity Improvement Grant 3 • Landscaping installation, and improvement at front of building (visible from public street), and must include in-ground irrigation system • Site lighting, structure sconces, decorative lamp posts • Architectural upgrades to the building that increase its overall curb appeal • All work must be completed within 180 days of approval by CRA Grant funds may not be used for: • Working capital or administrative costs (payroll, rent, utilities, etc.) • Sweat equity (time/labor of applicant or family) • New construction • Additions/expansions of existing buildings • Interior renovations • Demolition only • Loans or other capital support • Work that will extend beyond one hundred eighty (180) days of approval by CRA • Work completed prior to approval of Sweat Equity Improvement Grant Project Evaluation All projects will be evaluated on a point-based system using the below criteria. Project Provides Points Points Available Awarded New paint only &pressure wash 1 Architectural improvements to improve curb appeal 1 Design consistent with CRA Public Realm Plan or Form-Based Guidelines 2 Replacement or repaired windows or doors 1 Re-pointing of mortar joints for brick or stone fronts, stucco repair 1 Woodwork repair, replacement or new installation 1 Landscaping improvements and irrigation system repair 1 Install new irrigation system 2 Applicant has 50% match funding and is prepared to begin immediately following CRA approval and complete all work within 180 days of approval by 1 CRA Debris removal, fallen trees 1 Exotic tree/plant removal 2 Repair Code Violations 3 Replace/repair rain gutters 1 Subtotal Immokalee CRA Sweat Equity Improvement Grant 4 Ci''� PROCESS Step 1: Applicant Meets with Staff • Applicant must request a meeting with staff prior to submittal of application. • Applicant& staff meet at project site to discuss scope of work Step 2: Applicant Submittal • Grant Application • Proof of Property Ownership (deed) • Owner Authorization Form (requires notarization) • Two 8 x 10 color photos of the existing conditions ("before"photos) • Sketch of proposed improvements • Budget estimates for the improvements Step 3: CRA Staff and Advisory Board Review • CRA staff reviews application and completes the Points Form, then places the application on agenda of next Advisory Board meeting • Advisory Board checks project to make sure it meets all grant criteria • Applicant is required to be present at the Advisory Board meeting to answer any questions that may arise during the review or to provide additional material if requested • If project meets all criteria, the Advisory Board makes a recommendation to CRA Governing Board. • In the event that sufficient funding remains in the CRA budget to cover the cost of only one project, first priority will be given to the project with the higher points. For example, if two projects are presented to the CRA Advisory Board on the same day, the project with the highest score will receive a Sweat Equity Grant. If the two projects receive the same score, the Advisory Board will be asked to vote on the project with the greatest aesthetic improvement. Step 4: CRA Review and Approval • CRA staff prepares Sweat Equity Grant Applicaiton for the CRA to review/approve • Applicant signs Grant Application • Application with Advisory Board recommendation and application placed on CRA agenda for review and approval • CRA reviews Advisory Board recommendation and application during regular meeting and approves or denies application Step 5: Site Plan Improvement Process • Applicant completes work Step 6: Project Completion and Submittal of Project Summary Report • Upon completion of work and inspection to insure work conforms to the work that was proposed, applicant submits: Immokalee CRA Sweat Equity Improvement Grant 5 (d) o "Project Summary Report," including description of completed improvements, two 8X10 color"after"photos, invoices, list of materials and construction techniques used, any additional information specific to the project. • Notarized"Payment Request Form" and all materials receipts and/or canceled checks as proof that all materials and contracted improvements have been paid. Step 7: CRA Staff Submits Project Completion Report for Payment • CRA Staff visits site and documents improvements. • CRA Staff forwards Completion Report and documents to Clerk's Finance Department for payment. Immokalee CRA Sweat Equity Improvement Grant 6 SWEAT EQUITY IMPROVEMENT GRANT APPLICATION Section 1: Applicant Information Owner Name: Owner Address: Site Address (if different from owner address): Legal Description of Site: Daytime Phone: Alternate Phone: E-Mail Address: How long have you owned this property? Number of Years in Business at Site Address: Occupational License Number: First Time Sweat Equity Grant Applicant? Yes No If no, approval date of last application: Section 2: Project Information Existing Condition of Project (attach additional sheets if necessary): Attach "Before" Photos at least two 8X10 color photos, others may be added to accurately describe the site). Outline Proposed Improvements in Detail (attach additional sheets if necessary): List Materials to be Used and Construction Methods to be Utilized (i.e. type paint, color swatches, plant species, irrigation system, spec sheets for doors/windows, etc.) (Attach additional sheets if necessary): Immokalee CRA Sweat Equity Improvement Grant 7 Section 3: Project Cost Information Estimated Project Cost: $ Estimated Request from CRA $ (must not exceed 50% of project cost). The minimum grant that can be awarded is $250 ($500 in material costs). The maximum grant that can be awarded is $2,000 ($4,000 in material costs)." COPIES OF ALL RECEIPTS AND/OR CANCELED CHECKS WILL BE REQUIRED UPON PROJECT COMPLETION AS PROOF THAT ALL MATERIALS FOR IMPROVEMENTS HAVE BEEN PAID. NO REIMBURSEMENT WILL BE MADE BY THE CRA UNTIL ALL RECEIPTS AND/OR CANCELED CHECKS HAVE BEEN RECEIVED AND VERIFIED. � a s For CRA Use Only Total Estimated Pro jeet Cost:fi Request from CRA. .: 3 (not tai exceeitSoi 'or$2000) s Section 4: List of Approved Trees & Shrubs Coastal Zone fi Trees-Large Bald cypress (Taxodium disticuum) X Fiddlewopd'(Citharexylurn'f ticosum) X Gumbo limbo (Bursera simaruba) X Hackberry(Celtis laev gata)' '`` Jamaica Dogwood(Piscidia piscipula) X Laurel`Oak(Quercus laur fo ia) ,a Live oak (Quercus virginianna) X Maliagany°(Swieteriia mahog© i) . X Mastic (Mastichodendron foetidissimum) X Native,fig;(Ficus aurea) , X Paradise tree (Simarouba glauca) X Red maple(Acer rubrurr) -. Royal palm (Roystonea elata) X Seagrape(Coccolaba uvifera) Slash pine Pinus elliottii) X Sweet gum(Liquidambar styraciflua) X . Sycamore(Platanue occidentalis) X u `West indiau laitrelchepry(Prunus m tifolia) Immokalee CRA Sweat Equity Improvement Grant 8 Wild tamarind (Lysiloma latisiliquum) X Willow bustic (Dipholis salicifolia) X Wingleaf soapberry (Sapindus saponaria) X Trees-Medium to Small Black ironwood (Krugiodendron ferreum) X Blolly (Guapira discolor) X Cabbage palm (Sabal Palmetto)* X Dahoon holly (Ilex cassine) X East Palatka holly (Ilex attenuata) X Florida elm (Ulmus americana). X Geiger tree (Cordia sebestena) X Magnolia(Magnolia grandiflora) X Milkbark (Drypetes diversifolia) X Pigeon plum (Coccoloba diversifolia) X Satin leaf(Chrysophyllum oliviforme) X Scrub hickory (Carya floridana) X Scrub live oak (Quercus geminata) X Simpson stopper(Myrcianthes fragrans) X Soldierwood (Colubrina elliptica) X Shrubs-Large (`B' Buffers) Bahama strongbark (Bourreria ovata) X Black ironwood(Krugiodendron ferreum) X Buttonwood (Conocarpus erectus) X Catclaw(Pithecellobium unguis-cati) X Cinnamon bark (Canella winterana) X Cinnecord Acacia(Acacia choriophylla) X Crabwood (Ateramnus lucidus) X Darling plum (Reynosia septentriolalis) X Florida privet (Forestiera segregata) X Golden Dewdrop (Duranta repens) X Jamaica caper (Capparis cynophallophora) X Maiden bush(Savia bahamensis) X Myrsine (Myrsine floridana) X Pigeon plum (Coccoloba diversifolia) X Paurotis palm (Acoelorrhaphe wrightii) X Red berry stopper (Eugenia confusa) . . X Seagrape (Coccoloba uvifera) X Wild Lime (Zanthoxylum tagara) . X Simpson Stopper(Myrcianthes fragrans) X Spicewood (Calyptranthes spp.) X Walters Viburnum (Viburnum obovatum) X Wax myrtle (Myrica cerifera)** X Yellow elder (Tecoma stans X Shrubs- Medium to Small Bay cedar(Suriana maritime) X Blackbead (Pithecellobium guadalupense) X Immokalee CRA Sweat Equity Improvement Grant 9 Coco plum hrysobalanus,.icaeo) y Cordia(Cordia globosa) X F rebush-(Hamelia pat ns) X Florida privet (Forestiera segregata) X Golderi'Dewdrop (Dur .repens) X Jamaica caper(Capparis cynophallophora) X J Cher fern(Acre sticlia n danaeaif€ iur) r X Maiden bush (Savia bahamensis) X Myrsine rsine ifloridana . X Necklace pod (Sophora tomentosa) X Sakalxnetto (Serenoa repens Sea Oxeye Daisy (Borrichia trutescens) X Seven Year Appl (Casasia lusiitolia ,r - : X Silver saw palmetto (Serenoa repens X `Cinerea') Srnewood ( alyptranthe pp:) White Indigo Berry (Randia aculeate) X Wild coffee(P ychafria n i;iosa) .. * Cabbage palms must be used in groupings of 3 to count towards a single canopy tree. Palms can only be used for up to 30%of the required number of canopy trees. ** Not a good buffer shrub-becomes leggy over time. I've read and understand the conditions and obligations contained in the Immokalee CRA Commercial Sweat Equity Grant Program Policies and Procedures document, to include, but not limited to, the provisions related to reimbursement. GRANTEE(s): (1) Witness Signature By: Printed/Typed Name Printed/Typed Name,Title and Company (2) Witness Signature By: Printed/Typed Name Printed/Typed Name Immokalee CRA Sweat Equity Improvement Grant 10 1 Owner Authorization Form (for leased property) Lessor / Owner Authorization for Improvements I, , owner of the property located at , understand that , who has a valid lease for the above listed property, authorize said tenant to complete the improvements listed under Section 2 of the completed Commercial Sweat Equity Grant application and to request reimbursement of funds from the Collier County Community Redevelopment Agency. I further acknowledge that I will be held personally liable for repayment of the grant funds if the terms of the application are violated. Signature of Owner Date Signature of Owner Date (if jointly owned) STATE OF: COUNTY OF: The foregoing Lessor/Owner Authorization Form was executed before me this day of , 20 by , owner of the property located at who: is personally known by me OR who has produced as proof of identity. Affix notarial seal Notary Public (Signature) Print Name of Notary Public Commission No: My Commission expires: Immokalee CRA Sweat Equity Improvement Grant 11 Project Summary Report (submit after project completion) Describe Condition of Project: ATTACH "AFTER"PHOTOS (INCLUDING AT LEAST TWO 8X10 COLOR PHOTOS, OTHERS MAY BE ADDED TO ACCURATELY DESCRIBE THE IMPROVEMENTS). List Materials and Construction Methods used, especially if unique methods were necessary to preserve or enhance some aspects of the improved site (attach additional sheets if necessary): Provide any other important information specific to the project. All projects will be listed in the annual project report of the CRA so details and noteworthy information about the project is very critical. Owner Signature Date Owner Signature Date Immokalee CRA Sweat Equity Improvement Grant 12 Payment Request Form (attach all receipts, invoices and/or cancelled checks) On , the Collier County Community Redevelopment Agency approved a portion of the following improvements (50% of the total. Up to $2,000 grant) to be funded through the Sweat Equity Grant Program: Improvement Material Cost Total COPIES OF ALL RECEIPTS AND/OR CANCELED CHECKS WILL BE REQUIRED UPON PROJECT COMPLETION AS PROOF THAT ALL MATERIALS FOR IMPROVEMENTS HAVE BEEN PAID. I hereby confirm that all items listed above have been completed as per the Sweat Equity Improvement Grant application submitted to the CRA and authorized by the CRA. Therefore, I am requesting the approved funding in the total amount of$ as approved by the CRA. The foregoing Payment Request Form was executed before me this day of , 20 by owner of the property located at ,who: is personally known by me OR who has produced as proof of identity. Affix notary seal Notary Public (Signature) Print Name of Notary Public Commission No: My Commission Expires: Immokalee CRA Sweat Equity Improvement Grant 13 Annual Inspection Report This report is to be completed by CRA staff and the current property owner annually for the period of five years on the anniversary date of the grant application approval. Should the Grantee transfer, sell, divest itself of its interest in the subject property, remove the items from the structure, or fail to maintain the improvements (neglected landscaping, moldy stucco/paint, broken windows, etc.) during the five-year period following receipt of the grant funds, the CRA shall be entitled to reimbursement of the grant funds using the repayment schedule below. Should the property be sold, the liability will transfer to the new owner. The grant application will be recorded in the Public Records of Collier County. Elapsed Time Amount Due CRA 0 to one year after grant funds received 100% One year after grant funds received 80% Two years after grant funds received 60% Three years after grant funds received 40% Four years after grant funds received 20% Five years after grant funds received 0% Inspection Checklist (CRA Staff) On , agenda item number , the Collier County Community Redevelopment Agency approved funding in the amount of$ to cover a portion of the project material costs identified below through the CRA Sweat Equity Grant program: Ite Current (from original Initial Verified Condition Remarks Cost application) (attach photo) Name: Date: Immokalee CRA Sweat Equity Improvement Grant 14 t r yg fir. 4 !ci FLORIDA DEPARTMENT Of STATE RICK SCOTT KEN DETZNER Governor Secretary of State February 13, 2015 Honorable Dwight E. Brock Clerk of the Circuit Court Collier County Post Office Box 413044 Naples, Florida 34101-3044 Attention: Teresa L. Cannon, BMR Senior Clerk Dear Mr. Brock: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 2015-15, which was filed in this office on February 12, 2015. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 • Facsimile: (850) 488-9879 www.dos.state.fl.us