Backup Documents 06/09/2009 Item #16G 9
16G9
MEMORANDUM
Date: June 12, 2009
To: Bradley Muckel, Operations Mgr.
Immokalee CRA
From: Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re: Commercial Fa~ade Grant Applications
Attached please find one (1) Certified Copy of each agreement referenced
above, (Agenda Items #16G4 through #16G9) approved by the Board of
County Commissioners on Tuesday, June 9, 2009.
The Minutes and Records Department has retained an original document for
the Official Record of the Board of County Commissioners.
If you have any questions, please call me at 252-8411.
Thank you.
Enclosure
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1689
COMMERCIAL FACADE IMPROVEMENT PROGRAM RECIPIENT AGREEMENT
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THIS AGREEMENT ENTERED this . day of , 200 I by and between
the Collier County Community Redevelopment Agency (CRA) (Immokalee) (hereinafter
referred to as "CRA") and B&B Cash Grocery Stores, Inc. (hereinafter referred to as
"GRANTEE").
WIT N E SSE T H:
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 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 Far;: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 values within the CRA while revitalizing the overall appearance of the Immokalee
Area; and
WHEREAS, GRANTEE has applied for a fayade grant in the amount of 17,<I:J...O
dollars; and
WHEREAS, the CRA has determined that GRANTEE meets the eligibility require ents
and was approved for a Far;:ade Program award in the amount of I7V),o dollars on 6' f <..I Y ,
("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
Far;:ade Program, that GRANTEE has read the Far;:ade Program Policies and Procedures
document, and that GRANTEE has had ample opportunity to discuss the Far;:ade Program with
GRANTEE'S counselor advisor. GRANTEE further acknowledges to the CRA that GRANTEE
understands and agrees to abide by all of the terms and conditions of the Far;:ade Program.
GRANTEE agrees to the terms and conditions of the Far;:ade Program attached hereto as Exhibit
A and incorporated herein by reference.
2. GRANTEE is the record owner of property described as: Zach's - Parcel #75212960002
Sunny Acres Block 12 E 180 Ft. Grantee by B&B Cash Grocerv Store, Inc.. J. Andrew Bever.
Jr.. President.
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16G9
3. GRANTEE has agreed to make certain improve e s to the property pursuant to
the Far;:ade Program application submitted to the CRA dated S' IS 01 attached hereto as Exhibit
B and incorporated herein by reference.
I
4. CRA has approved an award to GRANTEE in the amount of 17'fJO to be
administered pursuant to the terms of this Agreement based on an estimated cost or'" ;). (" (s 0
5. 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, 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 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 report to include digital color photographs of the project 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 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. This Agreement shall be governed and construed pursuant to the laws of the State
of Florida.
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 authorized officer of the party to be charged.
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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):
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(1) I
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Witness Signature By:
,\ ;' \ J. Andrew Bever Jr., President
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Printed/Typed Name !
Printed/Typed Name
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(; /2/2@ L 1-. E A "-DE If-
Printed/Typed Name ,
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A TJ)i$:T: '. { COLLIER COUNTY COMMUNITY
D~tGHT E. gROCK, Clerk REDEVELOPMENT AGENCY
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By: .:.., ~
Ji Coletta, Chairman
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A proved as to form and
Ie al suffic' cy:
This Agreement is to be signed and witnessed AFTER eRA staff has found the application to be complete.
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