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Agenda 01/26/2010 Item #16G1Agenda Item No. 16G1 January 26, 2010 Page 1 of 8 EXECUTIVE SUMMARY Recommendation for the Community Redevelopment Agency Board to recognize and correct an administrative error by revoking an incorrect CRA Grant Agreement form and replacing it with a corrected CRA Grant Agreement. (2445 A -B Thomasson Drive) OBJECTIVE: To recognize and correct an administrative error by revoking an incorrect CRA Grant Agreement form and replacing it with a corrected CRA Grant Agreement. CONSIDERATIONS: The CRA Board's Site Improvement Grant Agreement with William W. Abbott, owner of property located at 2445 A -B Thomasson Drive, Naples, Florida, was approved on December 15, 2009 as Item 16G2 in the amount of $1,986.76. The Grantee met all requirements of the Site Improvement Grant program; however due to an administrative error, the Grantee's witnessed signature was submitted on a Commercial Building Improvement Grant Agreement form (Exhibit A) instead of the appropriate Site Improvement Grant Agreement form. The correct Agreement form for William W. Abbott's Site Improvement Grant application is hereby provided to correct the record as Exhibit B — without the previously approved grant application referenced in the Agreement. The corrected Agreement is dated to the original CRA Board - approval date of December 15, 2009 to remain consistent with all approvals and documentation. FISCAL IMPACT: None. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney Office and is sufficient for Board consideration and approval. (STW) GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the CRA Board recognizes and corrects an administrative error by revoking an incorrect CRA Commercial Building Improvement Grant Agreement form in and between the CRA and William W. Abbott and replacing it with a corrected CRA Site improvement Grant Agreement form. Prepared by: Sue Trone on January 6, 2010 Project Manager, Bayshore Gateway Triangle Community Redevelopment Agency -1- Agenda Item No. 16G1 January 26, 2010 Page 2 of 8 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number. 16G1 Item Summary: Recommendation for the Community Redevelopment Agency Board to recognize and correct an administrative error by revoking an incorrect CRA Grant Agreement form and replacing it with a corrected CRA Grant Agreement. (2445 A -B Thomasson Drive) Meeting Date: 1/2612010 9:00:00 AM Prepared By Sue Trone Project Manager, CRA Date County Manager's Office Office of Management & Budget 1112/2010 12:16:27 PM Approved By David Jackson Executive Director, CRA Date Office of Management & 111 21201 0 1:25 PM Approved By Office of Management & Budget 1119/2010 9:51 AM Steven Williams Assistant County Attorney Date County Attorney County Attorney 111212010 3:04 PM Approved By Jeff Klatzkow County Attorney Date 111312010 10:04 AM Approved By OMB Coordinator Date County Manager's Office Office of Management & Budget 111412010 9:55 AM Approved By Mark lsackson ManagementlBudget Analyst, Senior Date Office of Management & Budget Office of Management & Budget 1119/2010 9:51 AM GRANT AGREEMENT BETWEEN CRA AND GRANTEE FOR COMMERCIAL BUILDINGIMPROVEMENTS FOR BAYSHORE GATEWAY TRIANGLE COMMUNITY REDEVELOPMENT AREA THIS AGREEMENT ENTERED this J.T day of Detew,Wo - 7-00 by and between the Collier County Community Redevelopment Agency (hereinafter referred to as "CRA ") and 0l IN vn W • AL64 (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 has applied for a Commercial Building Improvement Grant in the amount of dollars; and WHEREAS, the CRA has determined that Grantee meets the eligibility requirements and was approved for a grant award in the amount of 198(0 • dollars on Dcce 6t,e IS , jkg_ ( "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 terns and conditions of the Grant Program. 2. Grantee is the record owner / tenant of property described as -?-Li 4-C -A-6 { o a es on K -. 0-p� i-L 3�t112 3. Grantee has agreed to make certain improvements to the property pursuant to the grant application submitted to the CRA dated IJ e tt ter 12-, 2�0 01 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 Grant Agreement FY 2010 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 # 1,10' -- h to be administered pursuant to the terms of this Agreement based on an estimated cost of O 6, Z 2 � 4g . If the actual costs are less than $b =- W 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. dau ghter. 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 Community Development and Environmental Services 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. Commercial Building Improvement Grant Agreement FY 2010 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. IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year first written above. (2) Rl- �► I I��._ i . , .. Witness Signa r �� •. - r Printedfryped_�lsme Printed/Ty,' :, Printed/Typed Name ATTEST: DWIGHT E. BROCK, Clerk , Deputy Clerk Approved as to form and legal sufficiency: AL't ^ 7. �.,.1J(JI" Steven T. Williams Assistant County Attorney 0 Pdntedfryped Name COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY JIM COLETTA, Chairman Commercial Building Improvement Grant Agreement FY 2010 3 GRANT AGREEMENT BETWEEN CRA AND GRANTEE FOR SITE IMPROVEMENTS FOR BAYSHORE GATEWAY TRIANGLE COMMUNITY REDEVELOPMENT AREA THIS AGREEMENT ENTERED this IS day of Qe-ce rn [ R-4� , 2o0 f by and between the Collier County Community Redevelopment Agency (hereinafter referred to as "CRA ") and 1-1+ IkAm W. A b W 4 (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, Grantee has applied for a Site Improvement Grant in the amount of i ,q 86 -q dollars; and WHEREAS, the CRA has determined that Grantee meets the eligibility requirements and was approved for a grant award in the amount of B6 i'6 dollars on tz S o ( "CRA Approval "), which is 3 3 °/a of the costs to construct the site improvements. 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 Site 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. 2. Grantee is the record owner / tenant of property described as ?_ - it -T� o en n e,5cr+ 0 21.2 � e5i F ] _ Z,9112 3. Grantee has agreed to make certain improvements to the property pursuant to the grant application submitted to the CRA dated �JN-]Zi 2 '*ol attached hereto as Exhibit A and incorporated herein by reference. 4. Grantee agrees to complete the construction of the Site Improvements within one (1) year of CRA approval. Grantee also agrees to fund at least 67% of the costs of the site improvements. Grantee is prohibited from paying 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. Site Improvement Grant Agreement FY 2010 5. CRA has approved a grant to Grantee in the amount of (A&,-4 to be administered pursuant to the terms of this Agreement based on an estimated cost of lv o "�-° , t If the actual costs are less than the estimated costs to construct the site improvements and less than $24,000, the grant amount shall be reduced dollar for dollar in matching 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 Site Improvements and no Grantee, or any immediate relative of Grantee, shall receive compensation for labor for the construction of the site 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 Community Development and Environmental Services 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 of the project after improvements are completed, 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 site improvements were constructed pursuant to the terms of the application approved by the CRA. 8. Within forty -five (45) days after confirmation that the site improvements were constructed pursuant to the terms of the approved application, Grantee shall be issued a check in the amount of the grant. However, if Grantee fails to make the improvements pursuant to the terms of the approved application, or if the project is not completed within one (1) year of CRA approval, or if Grantee fails to fund at least 67% of the cost of the Site Improvements, the grant shall be deemed automatically revoked and Grantee shall be entitled to no 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. Site Improvement Grant Agreement FY 2010 IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year first written above. / Witness Signature Printedrryped Name (2) lLd",W j'J L16% Witness Signa ,r Printedrry ed Name ATTEST: DWIGHT E. BROCK, Clerk , Deputy Clerk Approved as to form and legal sufficiency: L -7. U ivlar�ie�tadent- SEirling Steven T. Williams Assistant County Attorney Site Improvement Grant Agreement FY 2010 GRANTEE: By: �Ut I i4ltl Printed/Typed Name By: Printed/Typed Name COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY By: JIM COLETTA, Chairman