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Agenda 10/11/2011 Item #16B210/11/2011 Item 16.13.2. EXECUTIVE SUMMARY Recommendation for the Community Redevelopment Agency (CRA) to approve and execute an extension of Commercial Building Improvement Grant Agreement between the CRA and Maddox & Partners, LLC due to certain permitting delays. (2891 Bayview Drive, fiscal impact: None) OBJECTIVE: To receive approval for a_ one year extension of Commercial Building Improvement Grant Agreement between the Community Redevelopment Agency (CRA) and Maddox & Partners, LLC due to certain permitting delays. BACKGROUND: During the permitting process for the October 26, 2010 approved grant agreement (Exhibit B) for exterior and interior improvements ($50,000), the applicant discovered additional modifications to the building are needed due to Code requirements. The applicant has completed the Site Development Plan Insubstantial Change process with the Growth Management Division and a building permit has been issued. Construction is underway on the project, and the applicant is requesting an extension be granted to allow additional time for the work to be completed. The begin date for the grant award will not change from the original date of October 26, 2010, and one additional year is requested to complete the project CONSIDERATIONS: Maddox & Partners, LLC executed a Commercial Building Improvement Grant agreement with the CRA on October 26, 2010. The Grant Program requires grantees to complete work within one year of approval and the Program also permits time extensions in cases where projects cannot be completed within the grant year. To qualify for a time extension, grantees must demonstrate good faith to complete the project by applying for permits and commence construction in a timely manner. Unforeseen upgrades required by the Fire Code and Building Code have delayed the project and require the Grantee to request an extension of one year to October 25, 2012. During the building permit process, the applicant was required to provide additional fire suppression system plans in order to complete the work proposed, in addition to discussions involving the building code. The Bayshore /Gateway Triangle CRA Local Advisory Board reviewed the extension request and recommended extending the Agreement from October 25, 2011 to October 25, 2012. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office and is legally sufficient for Board action. A majority vote is required for approval. -STW FISCAL REACT: Approved grant funding in the amount of $50,000.00 will remain encumbered for this project and will be rolled over from FYI l to the FYI CRA budget. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Community Redevelopment Agency approve and authorize the CRA Chairman to execute the Maddox & Partners, LLC Grant Agreement extension for one year. Prepared by: Ashley Caserta on September 23, 2011 Grants Coordinator, Bayshore Gateway Triangle Community Redevelopment Agency -1- Packet Page -604- 10/11/2011 Item 16.13.2. GRANT AGREEMENT BETWEEN CRA AND GRANTEE FOR COMMERCIAL BUILDINGIMPROVEMENTS FOR BAYSHORE GATEWAY TRIANGLE COMMUNITY REDEVELOPMENT AREA TINS AGREEMENT ENTERED this 2cc, day oft -�, , Zo,r, by and between the Collier County Community Redevelopment Agency (hereinafter referred to as "CRA ") and rtWoeY,& pbzMSj= T(hereinafter referred to as "Grantee "). Lj- C WITNESSETH: WHEREAS, in Collier County Ordinance No. 2002 -38, the Board of County Commissioners delegated authority to the CRA to award and administer CRA grants including contracts with Grantees for CRA grants; and WHEREAS, Ordinance No. 08 -61 established the Commercial Building Improvement Grant; and WHEREAS, Grantee has applied for a Commercial Building Improvement Grant in the amount of 5 D , epo . o o dollars; and WHEREAS, the CRA has determined that Grantee meets the eligibility requirements and was approved for a grant award in the amount of 5'0, oo®. oo dollars on o C-ro R S R 2c-, , z_o } to ("CRA Approval"). NOW, THEREFORE, in consideration of the mutual covenants contained herein and other valuable consideration, the parties agree as follows: 1. Grantee acknowledges to the CRA that Grantee has received a copy of the Collier County Community Redevelopment Agency Commercial Building Improvement Grant Program Information and Application (hereinafter referred to as "Grant Program "), that Grantee has read the Grant Program, and that Grantee has had ample opportunity to discuss the Grant Program with Grantee's counsel or advisor. Grantee further acknowledges to the CRA that Grantee understands and agrees to abide by all of the terms and conditions of the Grant Program. Grantee agrees to the terms and conditions of the Grant Program. 2. Grantee is the record owner / tenant of property described as 2811 'b^4Y V I F—V, D2.Av G- , 404�c.F_ s . Pt- 5411 2. 3. Grantee has agreed to make certain improvements to the property pursuant to the grant application submitted to the CRA dated Gl • 1 • to attached hereto as Exhibit A and incorporated herein by reference. 4. Grantee agrees to complete the construction of the commercial building improvements within one (1) year of CRA Approval. Grantee also agrees to fund at least 50% of the costs of the commercial building improvements. Grantee is prohibited from paying Commercial Building Improvement Gran Packet Page -605- 1 -�-xtv\w vv 6 10/11/2011 Item 16.B.2. contractors and /or vendors with cash. All payments for approved projects must be in the form of a check or credit card drawing on funds from Grantee's accounts. 5. The CRA has approved a grant to Grantee in the amount of 5 a, 0c:0. ©© to be administered pursuant to the terms of this Agreement based on an estimated cost of tw i , of o - oo. If the actual costs are less than $ fc�to construct the improvements, the grant amount shall be reduced dollar for dollar in CRA funds as determined by ratio of matching private funds required. 6. Unless prior disclosure is included in the grant application, no Grantee, or any immediate relative of Grantee, shall serve as a contractor or subcontractor for the construction of the improvements and no Grantee, or any immediate relative of Grantee, shall receive compensation for labor for the construction of the improvements. An immediate relative of Grantee shall include mother, father, brother, sister, son, daughter, aunt, uncle and cousin or family member by marriage to include mother -in -law, father -in -law, brother -in -law and sister -in- law. Grantee has verified that all contractors who have provided bids for the approved work are actively licensed by Collier County. Grantee acknowledges that the total grant award shall not exceed the sum of lowest bids /price quotes for all projects. Grant funds for work performed by contractors shall only be disbursed upon verification that said contractors are actively licensed by Collier County. 7. Grantee agrees to obtain all necessary permits and submit any required plans to the County's Growth Management Division. Upon completion of the work, Grantee shall submit to the CRA staff a Project Summary Report, two (2) 8 inch by 10 inch photos showing the improvements, a list of materials and construction techniques used, a list of architects and/or contractors, and any other information specific to the project or requested by the CRA staff. The CRA, through its staff, shall confirm that the Commercial Building Improvements were constructed pursuant to the terms of the application approved by the CRA. 8. Within forty -five (45) days after confirmation that the improvements were constructed pursuant to the terms of the approved application, the Grantee shall be issued a check in the amount of the grant. However, if the Grantee fails to make the improvements pursuant to the terms of the approved application, or if the improvements are not completed within one (1) year of CRA approval, , the grant shall be deemed revoked and Grantee shall not be entitled to funding. 9. This Agreement shall be governed and construed pursuant to the laws of the State of Florida. 10. This Agreement contains the entire agreement of the parties and their representatives and agents, and incorporates all prior understandings, whether oral or written. No change, modification or amendment, or any representation, promise or condition, or any waiver, to this Agreement shall be binding unless in writing and signed by a duly authorized officer of the party to be charged. 11. This Agreement is personal to Grantee, and may not be assigned or transferred by Grantee or to Grantee's respective heirs, personal representatives, successors or assigns without the prior written consent of the CRA. Commercial Building Improvement Gran Packet Page_ - 606-11 2 10/11/2011 Item 16.13.2. IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year first written above. (1) Witness Signature Printed/Typed Name (2) ss S gnature Swc I �ri c Printed /Typed Name Approved as to form and legal sufficiency: Steven T. Williams Assistant County Attorneyo g �� GRANTEE(s), By: Printed/Typed Name 6u -401 -is PPa'4cw> t - a-V-- wvvpp ox P T -tzs L- Lc By: Printed/Typed Name COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY �+ J. DONNA FIALA, Chairman Commercial Building Improvement Gray -- Packet Page -607- Ol 1 3 COLLIER COUNTY Board of County Commissioners Item Number: 16.13.2. 10/11/2011 Item 16.B.2. Item Summary: Recommendation for the Community Redevelopment Agency (CRA) to approve and execute an extension of Commercial Building Improvement Grant Agreement between the CRA and Maddox & Partners, LLC due to certain permitting delays. (2891 Bayview Drive, fiscal impact: None) Meeting Date: 10/11/2011 Prepared By Name: CasertaAshley Title: Grants Coordinator, 9/28/20112:53:12 PM Submitted by Title: Grants Coordinator, Name: CasertaAshley 9/28/20112:53:13 PM Approved By Name: JacksonDavid Title: Executive Director, CRA, Date: 9/30/20118:32:40 AM Name: WilliamsSteven Title: Assistant County Attomey,County Attorney Date: 10/3/20112:34:34 PM Name: FinnEd Date: 10/3/20113:20:53 PM Name: KlatzkowJeff Title: County Attorney, Date: 10/3/20114:28:58 PM Packet Page -608- Name:OchsLeo Title: County Manager Date: 10/3/20116:01:56 PM Packet Page -609- 10/11/2011 Item 16.6.2. 10/11/2011 Item 16.6.2. MODIFICATION OF GRANT AGREEMENT BETWEEN CRA AND GRANTEE FOR COMMERCIAL BUILDING IMPROVEMENTS FOR BAYSHORE GATEWAY TRIANGLE COMMUNITY REDEVELOPMENT AREA THIS AGREEMENT ENTERED this 11th day of October 2011 by and between the Collier • County Community Redevelopment Agency (hereinafter referred to as "CRA ") and Maddox & Partners, LLC (hereinafter referred to as "Grantee "). WITNESSETH: WHEREAS, in Collier County Ordinance No. 2002 -38, the Board of County Commissioners delegated authority to the CRA to award and administer CRA grants including contracts with Grantees for CRA grants; and WHEREAS, Ordinance No. 08 -61 established the Commercial Building Improvement Grant; and WHEREAS, Grantee was approved for a Commercial Building Improvement Grant in the amount { of $50,000.00 dollars on October 26, 2010 ( "CRA Approval "); and WHEREAS, Fire Code and Building Code permitting issues have prohibited Grantee from completing the renovation project included in the Commercial Building Improvement Grant project as proposed by October 25, 2011; and WHEREAS, the Commercial Building Improvement Grant Program explicitly states that time extensions may be requested by Grantees in the event that a project cannot be completed within a year from grant execution. NOW, THEREFORE, in consideration of the mutual covenants contained herein and other valuable consideration, the parties agree as follows: 1. Grantee affirms and attests their intention to extend the length of time for the Commercial Building Improvement Grant into which they entered on October 26, 2010 by one year, to end on October 25, 2012. All other terms and conditions established in the agreement executed on that date between the Collier County Community Redevelopment Agency and Maddox & Partners, LLC remain in effect. 2. Grantee affirms and attests their request for the time extension is due to unanticipated delays associated with permitting and not due to unresponsiveness on the part of the Grantee. Grantee affirms they have exercised good faith in implementing the project by documenting permit applications, verifying their promptness in permit applications (Exhibit "A "). 3. Grantee has timely requested an extension of this grant. 4. This Agreement shall be governed and construed pursuant to the laws of the State of Florida. 5. This Agreement contains the entire agreement of the parties and their representatives and agents, and incorporates all prior understandings, whether oral or written. No change, modification or amendment, or any representation, promise or condition, or any waiver, to this Agreement shall be binding unless in writing and signed by a duly authorized officer of the party to be charged. Amendment to Commercial Building Improvement Grant Agreement FY 2011 1 Packet Page -610- 10/11/2011 Item 16.13.2. 6. This Agreement is personal to the Grantee, and_ may not be assigned or transferred by Grantee or to Grantee's .respective heirs, personal representatives, successors, or assigns without the prior written consent of the CRA. IN WITNESS WHEREOF; the parties have executed this Agreement on the date and year first written above. GRAD By: W&si Signature L- yo ti 4. X10 �% ill PrinQfl/ yped Name Printed/Typed Name (2 By: - itness Signature Printed/Typed. Name Printed/Typed Narne. ATTEST: COLLIER COUNTY COMMUNITY DWIGHT E. BROCK, Clerk REDEVELOPMENT AGENCY By: Deputy Clerk. 7IM COLETTA,. Chairman Approved as to form and legal sufficiency: Steven T. Williams ,o Assistant County Attomey 4izti" Amendment to Commercial Building Improvement Grant Agreement FY 2011, Packet Page -611- .2 W e. 4 10/11/2011 Item 163.2. COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS PERMIT PERMIT #: 2010111880 PERMIT TYPE: BC3A VALID #: 880 ISSUED: 07 -26 -11 BY: EVELYNTRIMINO APPLIED DATE: 11 -29 -10 APPROVAL DATE: 07 -18 -11 - �tA$TEI #; 2010111880 COA #: JOB ADDRESS: 2891 BAS ^✓IEtV DR JOB DESCRIPTION: RELOCATE RESTRMS,RE- FRAME ROOF, NEW HVA JOB PHONE: (239)324 -7878 SUBDIVISION #: 1229 - N G & T C L F Unit 2 BLOCK: 042 LOT: . 005 'LOOD MAP: 0393 ZONE: AE -9 ELEVATION: 'OLIO # OJ000618353600.06 SECTION - TOWNSH!P -RANGE II 50 25 114NER INFORMATION: CONTRACTOR INFORMATION: tADDOX & PARTNERS LLC MOORE GENERAL CONTRACTING SERVICES LLC 540 JEWEL BOX AVE 1415 28TH AVE N APLES, FL 2 341020527 NAPLES, FL ' 4103- CERTIFICATE #: PHONE: (239)324 -78 -,8 CC CODE: 437 - NR /ADDITION. ALTERATION DNSTRL'CTION CODE: 10 OTHER DB VALUE: 200.000.00 TOTAL SQFT: 2,660 �ITBACKS FRONT: REAR: LEFT: RIGHT• EWER: SC SEPTIC N WATER: CN JELL N T1N )NTACT NAME: MOORE GENERAL CONTRACTING )NTACT PHONE: 'er Collier Cour.n Ordinance No. 2002 -01. as it may be amended, all \\ork must compl\ \\ith all applicable la\ \s, codes. ordinances, and an\ additional ,tipulations or conditions of this permit. This permit expires if Work authorized by the permit is not commenced within six (6) months from the date of ssuance of the permit. Additional fees for failing to obtain permits prior to the commencement of construction may be imposed. Permittee(s) further mderstands that an} contractor that mad be employed must be a licensed contractor and that the structure must not be used or occupied until a Certificate of )CCUpanc} is issued. DTICE: PRIOR TO THE REMOVAL OF ASBESTOS PRODUCTS OR THE DEMOLITION OF A STRUCTURE, FEDERAL VD STATE LAWS REQUIRE THE PERMITTEE (EITHER THE OWNER OR CONTRACTOR) TO SUBMIT A NOTICE OF -IE INTENDED WORK TO THE STATE DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP). FOR MORE FORMATION, CONTACT DEP AT (239) 332 -6975. addition to the conditions of this permit, there may be additional restrictions applicable to this property that may be found in public records of this county, and there may be additional permits required from other governmental entities such as water inagement districts, state agencies, or federal agencies. WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF OMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO (OUR PROPERTY, IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT, _ A. Packet Page -612-