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Backup Documents 06/09/2009 Item #16G 6 ,~-~-_._-~,-_. .-._--~~~--" rl"""_ 16G6 MEMORANDUM Date: June 12,2009 To: Bradley Muckel, Operations Mgr. Immokalee CRA From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Comnlercial 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 "'--._-- - __T . ~-----_.'."'- 16 G6 COMMERCIAL FACADE IMPROVEMENT PROGRAM RECIPIENT AGREEMENT rfJ.. - , 2(}>1 by and between THIS AGREEMENT ENTERED this day of J.use 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 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 values within the CRA while revitalizing the overall appearance of the Immokalee Area; and WHEREAS, GRANTEE has applied for a fa<;ade grant in the amount of / ~ ;;Z;) d... dollars; and WHEREAS, the CRA has determined that GRANTEE meets the eligibility require ents and was approved for a Fa<;ade Program award in the amount of I:). :J;).;) dollars on 6". ! o"i , ("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 Fa<;ade Program, that GRANTEE has read the Fa<;ade Program Policies and Procedures document, and that GRANTEE has had ample opportunity to discuss the Fa<;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 Fa<;ade Program. GRANTEE agrees to the terms and conditions of the Fa<;ade Program attached hereto as Exhibit A and incorporated herein by reference. 2. GRANTEE is the record owner of property described as: Handy Food Stores #77 - Parcel #77160120002 Trafford Pines Est. Sec 1 South 150 ft of West 150f of TR A OR 1272 PG 996. Grantee by Handy Food Stores Inc.. J. Andrew Bever, Jr.. President. - 1 - .-. ... ,....... .oJ>..." ~..........-..J I!~ ~ . . _._- 3. GRANTEE has agreed to make certain improvemjots to the property purs~6 G 6 the Fac;ade Program application submitted to the eRA dated -:;fs 0'/ attached hereto as Exhibit B and incorporated herein by reference. 4. CRA has approved an award to GRANTEE in the amount of' / ~ .2.;( ~ to be administered pursuant to the terms of this Agreement based on an estimated cost of II r 3 "3 ~ 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 of the execution ofthe 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. 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 ofthe CRA. - 2 - .,.,._.""h.....___, , . 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, 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): (1) \ J- . I ~~ , Witness Signature By: i J. Andrew Bever .It. President Printed/Typed Name Printed/Typed Name AC:::;~-- ignature 0R.i2/=-Uf:2 )J LUe/t- Printed/Typed Name ATTEST: COLLIER COUNTY COMMUNITY DWI(:i~frLE;)~ROCK, Clerk REDE~NCYw ~~k By: ~ , ,,' ,t4~( . 'i tQe~ Clerk Jim Coletta, Chairman - .. ~ ~ ~ 1 \'~t \l(~"'.'1 , , , , , D: ~ =~ ~', Approved as to form and Ie I sufficiency: This Agreement is to be signed and witnessed AFTER eRA staff has found the application to be complete. - 3 - "-",,, " . -'<,~","~"--'""''''-~~'>-'