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Backup Documents 12/15/2009 Item #16G 6 16G6 MEMORANDUM Date: January 4,2010 To: Bradley Muckel, Project Manager lmmokalee CRA From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Commercial Facade Improvement Program Recipient Agreement - Little Caesar's Pizza Attached, please find a certified copy of the agreement referenced above, (Item #16G6) approved by the Board of County Commissioners on Tuesday, December 15, 2009. The Minutes and Record's Department has held the original document for the Official Record of the Board of County Commissioners. If you have any questions, please call me at 252-8406. Thank you. Attachment (l) AGENDA TRANSMITTAL SLIP I ~. 16 9 a Item #166-6 Evelyn Prieto, Executive Aide to Commissioner Coletta Date Submitted: 12f15/09 Requested Agenda Date: 12/15/09 APPROPRIATE HEADING (CIRCLE ONE) 1 Invocation and Pledlle of Allelliance 1(2 AlIenda and Minutes I (3) Service Awards 4 Proclamations 1(5 Presentations I (6) Public Petitions 7 Board of Zoning Appeals 1(8 Advertised Public Hearinlls I (9) Board of County Commissioners 10) County Manager's Report I (11) Public Comments on General Topics I (12) County Attomey's Report o (13) Other Constitutional Officers '- (14) Airport Authority o (15) Staff and Commission General Communications ~(16)ConsentAaenda 0(171 Summary Agenda Requested by: Bradley Muckel, Project Manager. Immokalee CRA Date: 12128f09 Reviewed by: Date: Division Head: Date: County Manager: Date: Item Title: Request that the Collier County Redevelopment Agency approve the application and recipient agreement for the Immokalee Community Redevelopment Agency (CRA) Commercial Fa~ade Improvement Grant Program for reimbursement of $20,000 for fa~ade improvements to Little Caesar's Pizza located at 525 North 15th Street in Immokalee, Florida. List af Documente Attached: 1. Executive Summary (required) 3. 5. 2. Agreement 4. 16G6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS and COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB) '-0"'11///" !"""' '. I r ( . ". .'! ~ )/ ..... \ AGENDA December 15, 2009 g:OO AM Donna Fiala, BCC Chalnnan Commissioner, District 1; CRAB Vice Chalnnan Fred W. Coyle, sec VIce- Chainnan Commissioner, Disb1ct 4 Jim Coletta, sec Commissioner, District 5; CRAB Chalnnan Frank Halas, BCC Commissioner, District 2 Tom Henning, BCC Commissioner, Dlsb1ct 3 NOTICE: ALL PERSONS WISHING TO SPEAK ON AGENDA ITEMS MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. ALL REGISTERED SPEAKERS WILL RECEIVE UP TO THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. COLLIER COUNTY ORDINANCE NO. 2003-53, AS AMENDED BY ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMmED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE M~NG AND WILL BE HEARD UNDER "PUBLIC PETITIONS." PUBLIC PETITIONS ARE LIMITED TO THE PRESENTER, WITH A MAXIMUM TIME OF TEN MINUTES. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 252-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. December 15. 2009 Page 1 of 60 EXECUTIVE S!JMMARY 16G6 Request that the Collier County Redevelopment Agency approve the application and recipient agreement for the Immokal8e Community Redevelopment Agency (CRA) Commercial Fa!;ade Improvement Grant Progrem for relmbureement of !20,OOO for fa!;ade Improvements to Little Caesar's Pizza located at 526 North 16 Street In Immokalee, Florida. OBJECTIVE: To approve the Commercial FaQ8de Grant Application and Agreement between the Collier County CRA and Vice, LLC DBA Little Caesar's Pizza in the amount of $20,000 for Improvements to their leased commercial property located at 525 North 15th Street in Immokalee. Florida. CONSIDERATlQNS: On July 22, 2008, Agenda Item 8G, at Public Hearing, the Board of County Commissioners approved Ordinance No. 08-40 amending Ordinance No. 2002-38 in order to create a Commercial FaQ8de Improvement Grant Program within the geographical limits of the Immokalee Community Redevelopment Agency. The purpose of the Fayade Improvement Grant Program Is to Increase commercial occupaney rates and property values within the CRA while ravitalizlng the overall appearance of the Immokalee Urban Designated Area. . Eligible appllcents can receive grent funding up to $20,000 as reimbursement, using a one-half (%)-to-1 match with equal applicant funding for fayade improvements to commercial structures. Vise, LLC has met all the criteria for reimbursement as required by the application process approved by the CRA and the BCC for faQ8de improvements to their leased commercial property located at 525 North 15th Street In Immokalee, Florida. Exhibit A represents the Application submitted for approval and Exhibit B Is the Recipient Agreement. Back up documentation attached to this Executive Summary includes: Applicant Commlbnent of Resources Form (Exhibit C), Owner AuthorIzation Form (Exhibit D), Proof of Ownership with Lease Agreement (Exhibit E), Property Tax Payment Verification (Exhibit F), Proof of Property InBurance (Exhibit G), Contractor Bids (Exhibit H), Conceptual Rendering (Exhibit I), and Photos of Existing Conditions (Exhibit J). FISCAL IMPACT: Sufficient budget exists within the FY2010 Immokalee CRA Trust Fund (186) to satisfy this new grant application. This fayade grant project total Is $61,500 and the grant requast is $20,000. CONSISTENCY WITH GROWTH MANAGEMENT PLAN: The Immokalee Commerelal FaQ8de Grant Program furthers the programs and projects within the budgetary and policy guidance and directives of the Community Redevelopment Agency and the Board of County Commissioners in furtherance of Polley 4,2 of the Future Land Use Element of the Growth Management Plan which reads as follows: .....The Immokalee Area Master Plan addresses conservation, future land use, population, recreation, transportation, housing, and the local economy. Major purposes of the Master Plan 1666 December 15, 2009 Page 2 of 60 are coordination of land uses and transportation planning, redevelopment or renewal of blighted areas, and the promotion of economic development." LEGAL CONSIDeRATIONS: This Executive Summal)' haB been reviewed for legal sufficiency and is legally sufficient for Board action. (STW) ADVISORY BOARD RECOMMENDATION: During the regular Janual)' 26, 2009 meeting, the Immokalee Local Redevelopment Advisory Board approved a motion to allow the CRA Executive Director to approve applications for the Commercial Fa9sde Grant Program to be submitted to the CRA Board for final approval, and that upon approval by CRA Executive Director, the applications will be ratified by the CRA Advisory Board. RECOMMENDATION: Recommend that the Collier County Redevelopment Agency approve the application and recipient agreement for the Immokalee Community Redevelopment Agency (CRA) Commercial Fa9ade Improvement Grant Program for reimbursement of $20,000 to Vice, LLC for improvements to their leased commercial property located at 525 North 15" Street in Immokalee. Florida. PREPARED BY: Bradley Muckel, Project Manager Immokalee Community Redevelopment Agency (CRA) Item Number: Item Summary: Meeting Date: Agenda Item No, 16G6 December 15, 2009 Page 3 of 60 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16G6 1686 Request that the Collier County Redevelopment Agency approve the application and recipient agreement for the Immokalee Community Redevelopment Agency (CRA) Commercial Facade Improvement Grant Program for reimbursement of $20,000 for facade improvements to Little Caesars Pizza located at 525 North 15th Street in Immokalee, Florida. 12115/2009 9:00:00 AM Prepared By Bradley Muckel Immokalee County Redevelopment Agency Project Manager Immokalee County Redevelopment Agency Date 12/7/20098:24:19 AM Approved By Penny Phillippi Immokalee County Redevelopment Agency Executive Director, Immokalee eRA Date Immokalee County Redevelopment Agency 12/7/20093:38 PM Approved By OMS Coordinator County Manager's Office Date Office of Management & Budget 12/8/20099:26 AM Approved By Jeff Klatzkow County Attorney Date Approved By 12/8/200911:51 AM Mark Isackson Office of Management & Budget Management/Budget Analyst, Senior Date Office of Management & Budget 12/8/20091:52 PM Immokele. eRA I Commercial Fa1;ado Iml)rOVcment Grant Application Agl.t...ji ~16G16 IMMO~~15, 2009 Community Re<tevelopm~~O i'The pl~ce to C~lI Home! Commercial Fa ade Grant A lication (Detach and submit to CRA office.) Applicant Information Gmntee Name Vice, LLC DBA Lillie Caesar's Pizza Grantee Address 8327 Laural Lakes Blvd. Naples, FL 34119 Site Address 525 15 Street North Immokalee, FL 34142 Daytime Phone 239.200.3511 Alternate Phone 239.455.9555 E-Mail AddressVelez.henao@gmail.com Do you own or lease the property? Lease Project Information Describe the existin eonditions of the site attaeh additional sheets if necess Currently the building is vacant, unattractive and abandoned looking. It has historically been used by various fast-food establishments and is located on Immokalee's main arterial roadway, SR29. Vice LLC has entered into a 5-year lease agreement with the owner to do extensive interior and exterior improvements to the structure and to operate as a Little Caesars Pizzeria. Outline the Demolish and reconfigure parking area, brick paver walkways, landscaping/irrigation/sod, new windows, new doors, exterior painting, new 3' parapet wall, parking bolIards, new sign complete with electrical. I!I () I II{ I I) \ I I \ ( II \ II '\ I , II (I ,\ I \ I' I' I 1\ \ \ I II i 1111' ('~IIII:lh ,';1\ Ii i I i ill 1\\ ( l ( II1I r ,'l)Il!' I'll ll,'ll 1'01 lilt. ,,11,11',1 < !.l.!iJ.~.:_~..tl'l\\;c~llllil'I.~.;fl\ IH'( \\ l'll;~EjJ_\_:_i_~~~.uJ..~Ll~LI.II.l,! ;1~Jl\ ~ 1 BII~ill(~' (j, (' I". \'1 '11\ (1\ ii, ( I' I i '1:;1 I i( ,II', . \11 " I Iii' 1"1:1 "CAASTAFF: 1) Atlllel! ~",ocolor photos of ~eh, Project to ~ performed. 2) . AU.elI ,Property ",ppralser ID. Es~~tetl~t~flfuprov~ents: . ~xlmum gralltaWlircl: .$ 61.50~ $ 20,1100 '. Agenda Item No, 16G6 December 15, 2009 Page 5 of 60 16G6 COMMERCIAL FACADE IMPROVEMENT PROGRAM IU:CIPIENT AGREEMENT THIS AGREEMENT ENTERED this _ day of , _ by and between the Collier County Community Redevelopment Ageney (CRA) (Immokalee) (hereinafter referred to as "CRA ") and Vice. LLC DBA Little Caesars (hereinafter referred to as "GRANTEE"). W ITN ES SETH: WHEREAS, in Collier County Ordinance No. 2002-38, as anlended July 22, 2008, by Ordinance 2008-40, the Board of County Commissioners delegated authority to the CRA to award and administer CRA programs and awards including contracts with business GRANTEES within the boundaries of the Immokalee CRA for CRA grants; and WHEREAS, the CRA Commercial Facade Improvement Program (hereinafter referred to as the Falfade Program) allows for the use of CRA funds, in c01uunction with private investments, for certain improvements to commercial stmctures located within the boundaries of the Immokalee CRA; and WHEREAS, the intent of the Facade Program is to increase commercial oceupancy rates and property valucs within the CRA while revitalizing the overall appearance of the Immokalee Area; and and WHEREAS, GRANTEE has applied for a falfade grant in the amount of 20.000 dollars; WHEREAS, the CRA has determined that GRANTEE meets the eligibility requirements and was approved for a Falfade Program award in the amount of 20.000 dollars on ("CRA Approval"). NOW, THEREFORE, in consideration of the mutual covenants contained herein and other valuable consideration, the parties agree as follows: I. GRANTEE acknowledges to the CRA that GRANTEE has received a copy of thc Falfade Program, that GRANTEE has read the Falfade Program Policies and Procedures document, and that GRANTEE has had ample opportunity to discllss the Falfade Program with GRANTEE'S counselor advisor. GRANTEE fhrther acknowledges to the eRA that GRANTEE understands and agrees to abide by all of the tenns and conditions of the Falfade Program. GRANTEE agrees to the tern!s and conditions of the Falfade Program attached hereto as Exhibit A and incorporated herein by reference. 2. GRANTEE is the legal tenant of the record owner of property described as: 525 North 15'h Street, Immokalee. FL. Folio #75211880002. StraD #647200 7 41E32. Lellal DescriDlion: the South 190.75' of the East 180' of Block 7, Sunnv Aeres, Plat Book 3. Palle 3. Public Records of Collier Countv Florida. -1- '---~--- Agenda Item No. 16G6 December 15. 2009 16 liag6of,60 3. GRANTEE has agreed to make certain improvements to the property pursuant to the Fa~ade Program application submitted to the CRA dated December I, 2009. .attached hereto as Exhibit A and incorporated herein by reference. 4. CRA has approved an award to GRANTEE in the amount of $ 20.000 to be administered pursuant to the terms of this Agreement based on an estimated cost of $ 61.500 . 5. Unless prior disclosure is included in the grant application, no GRANTEE, or any immediate relalive of GRANTEE, shall serve as a contractor or subcontraetor for the constmction 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, aunt, uncle and cousin or family member by marriage to include mother-in-law, father-in-Jaw, 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 and GRANTEE agrees that all labor will be performed only by the lowest bidding contractor. 6. GRANTEE agrees to obtain all necessary permits and submit any required plans to the Collier County COImmmity Development and Environmental Services Division. Upon completion of the work, GRANTEE shall submit a closeout package to the CRA whieh will include all applicable (eleetrical, structural, fire, plumbing, etc.) final inspection verification from Collier County Building Inspeetion Division. The CRA, through its staff, shall confirm that the improvements were constructed pursuant to the tetros of this agreement approved by the CRA and shall create a final report to inelude digital color photographs of the projeet before and after completion. 7. Within forty-five (45) days after confirmation that the improvements were constructed pursuant to the terms of the approved application, GRANTEE shall be issued a check in the amount of the award. However, if GRANTEE fails to make the improvements pursuant to the ternlS of this agreement, including cODSttuction start within 90 days of exectttion of the grant agreement and completion within 12 months of the execution of the grant agreement, the award shall be deemed revoked and GRANTEE shall be entitled to no funding. 8. of Florida. This Agreement shall be governed and construed pursuant to the laws of the State 9. This Agreement, along with its incorporated attachments, contains the enlire agreement of the parties and their representatives and agents, and incOJporates all prior underslandings, whether oral or written. No change, modification or amendment, OJ' auy representation, promise or condition, or any waiver, to this Agreement shall be binding unless in writing and signed by a duly authorizcd officer of the party to be charged. .2- Agenda Item No, 16G6 1 'l'C1ib~;,5, 2009 0' PO' 7tlf60 10. 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. GRANTEE(s): (I) '.-'../. Wltness~.ture ! , .; !~ By: \" ,,- Bradlev Muckel Printedlfyped Name I Luis Velez Printedlfypcd Name President of Vice, LLC DBA Little Caesars (2) i""'" > WitncssSi,nature Peni1~ Phillippi PrintedlJ'ypcd Name ,I /< 1" /'~/~r-' ~. , A TrEST: DWIGHT E. BROCK, Clerk COLLIER COUNTY COMMUNITY REDEVEWPMENT AGENCY By: JIM COLETTA, Chairman , Deputy Clerk Approved a. 10 form and legal sufficiency: 1t-. - 7, 02..L-. .h..ffKlalL.kuw S"'4!'v<...7:L..J:ft:ct.._.r "'" ~ County Attorney This Agreement is to be signed and wilnessed AFl'ER CRA statT baa fond the application to be complete, -3- 16G6 COMMERCIAL FACADE IMPROVEMENT PROGRAM RECIPIENT AGREEMENT THIS AGREEMENT ENTERED this L~;" day of ,I}"""..J...... ,.2",;,/ by and between the Collier County Community Redevelopment Agency (CRA) (Immokalee) (hereinafter referred to as "CRA") and Vice, LLC DBA Little Caesars (hereinafter referred to as "GRANTEE"). W ITN ESSETH: WHEREAS, in Collier County Ordinance No. 2002-38, as amended July 22, 2008, by Ordinance 2008-40, the Board of County Commissioners delegated authority to the CRA to award and administer CRA programs and awards including contracts with busincss GRANTEES within the boundaries of the lmmokalee CRA for CRA grants; and WHEREAS, the CRA Commercial Facade Improvement Program (hereinafter referred to as the Fa<;ade Program) allows for the use of CRA funds, in conjunction with private investments, for certain improvements to commercial structures located within the boundaries of the Immokalee CRA; and WHEREAS, the intent of the Facade Program is to increase commercial occupancy rates and property valucs within the CRA while revitalizing the overall appearance of the Inllnokalee Area; and WHEREAS, GRANTEE has applied for a fayade grant in the amount of 20,000 dollars; and WHEREAS, the CRA has determined that GRANTEE meets the eligibility requirements and was approved for a Fayade Program award in the amount of20,000 dollars on I"'/;S-/.; 1 , ("CRA Approval"). . . NOW, THEREFORE, in consideration of the mutual covenants contained herein and other valuable consideration, the pal1ies agree as follows: I. GRANTEE acknowledges to the CRA that GRANTEE has received a copy of thc Fayade Program, that GRANTEE has read the Fayade Program Policies and Procedmes document, and that GRANTEE has had ample opportunity to discuss the Fayade 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 Fayade Program. GRANTEE agrees to thc terms and conditions of the Fayade Program attached hereto as Exhibit A and incorporated herein by rcference. 2. GRANTEE is the legal tenant of the record owncr ofpropel1y described as: 525 Not1h 15'h Street, Immokalee, FL. Folio #75211880002, Strap #647200 7 41E32. Legal Description: the South 190.75' of the East 180' of Block 7. Sunnv Acres, Plat Book 3, Pagc 3, Public Records of Collier Count v Florida. -1- 16G6 3. GRANTEE has agreed to make certain improvements to the property pursuant to the Fayade Program application submitted to the CRA dated December I, 2009 attached hereto as Exhibit A and incorporated hcrein by reference. 4. CRA has approved an award to GRANTEE in the amount of $ 20.000 to be administered pursuant to the terms of this Agreement based on an estimated cost of $ 61,500 . 5. Unless prior disclosure is included in the grant application, no GRANTEE, or any immcdiate 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 improvcments. An immediate relative of GRANTEE shall include mother, father, brother, sister, 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 activcly licensed by Collier County and GRANTEE agrees that all labor will be performed only by the lowest bidding contractor. 6. GRANTEE agrees to obtain all necessary permits and submit any required plans to the Collier County Community Development and Environmental Services Division. Upon completion of the work, GRANTEE shall submit a closeout package to the CRA which will include all applicable (electrical, structural, fire, plumbing, etc.) final inspection verification from Collier County Building Inspection Division. The CRA, through its staff, shall confirm that the improvements were constructed pursuant to the terms of this agreement approved by the CRA and shall create a final repOlt to include digital color photographs of the project before and afier completion. 7. Within forty-five (45) days after confirmation that the improvements were constructed pursuant to the terms of the approved application, GRANTEE shall be issued a check in the amount of the award. However, if GRANTEE fails to make the improvements pursuant to the terms of this agreement, including construction start within 90 days of execution of the grant agreement and completion within 12 months ofthe execution of the grant agreement, the award shall be deemed revoked and GRANTEE shall be entitled to no funding. 8. of Florida. This Agrcement shall be governed and construed pursuant to the laws of the State 9. This Agreement, along with its incorporated attachments, 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 authorizcd officer of the palty to be charged. - 2- 16G6 10. This Agreement is personal to GRANTEE, and may not be assigned or transferred by GRANTEE or to GRANTEE'S respective heirs, personal representatives, suecessors 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. GRAN'{EE(s): \ (I) ,'-. /, . --Witness~atul'e { ../- 1\ By: ',~-- -\~.~.--'- Bradlev Muckel PrintedfTyped Name 'i I Luis Velez Pl'intedfTyped Name President of Vice, LLC DBA Little Caesars (2) ,((~>' 1'/ )) ~..- /)"" WitnessSisiJature ,oIl/' /),A' C /)"'. r" ,/ PeruiV Phillippi PrinledfTyped Name c. By: 11 A TTESl:. . DWleHT E. BROCK, Clerk !.)~~'_. ,~" "', Ilemll UOt{p ~7.W~ Agenda Dale,. . " ,';at~' \d-'.'3::2.1'.hl}j;' '.. '~'; ". . . _' -....,_'.H. .,~. ' . " '. .,' . '.',,' ". <. ",' Approved as to form and legal snfficiency: J",ffKln(Lkuw s+~u~ ",T.L....J:I t,'4-........s -1.5<( County Attorney " ",0_ This Agl'eemellt is to be signed and witnessed AFTER eRA staff has fOllnd the applica....II(o necomplete. - 3-