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Agenda 04/08/2008 Item #16G 1 Agenda Item No. 16G1 April 8, 2008 Page 1 of 6 EXECUTIVE SUMMARY Recommendation for the Community Redevelopment Agency to approve a Resolution to revoke Site Improvement Grant Agreement 04/2007 between the CRA and Luis Fonseca and Idalia Alvarado due to Grant Recipients' failure to meet terms of the agreement. (Site address: 3095 Linwood Avenue) OBJECTIVE: For the Community Redevelopment Agency to approve a Resolution to revoke Site Improvement Grant Agreement 04/2007 between the CRA and Luis Fonseca and Idalia Alvarado ("Grant Recipients") due to Grant Recipients' failure to meet the terms of the agreement. CONSIDERATIONS: On February 13, 2007, the Community Redevelopment Agency approved a Site Improvement Grant for Luis Fonseca and Idalia Alvarado for residential site improvements at 3095 Linwood Avenue, Naples, Florida 34112, Exhibit A. The estimated project cost was $8,141.26 and the approved CRA matching grant amount was $4,070,63. .- The CRA has made numerous unsuccessful attempts to contact the Grant Recipients; furthermore, CRA staff visited the site in March 2008 and observed that the site improvements have not been completed, Finally, Grant Recipients failed to submit the Project Summary Report and Payment Request Form and accompanying paperwork by February 13,2008 as required by the Site Improvement Grant Agreement. FISCAL IMPACT: A maximum of$4,070.63 was approved on February 13,2007 for the Site Improvement Grant. No funds were expended from Fund] 87, and the $4,070.63 will remain in the grant fund for reallocation, RECOMMENDATION: Recommendation for the Conununity Redevelopment Agency to approve a Resolution to revoke Site Improvement Grant Agreement 04/2007 between the CRA and Luis Fonseca and Idalia Alvarado due to the failure of Grant Recipients to meet the terms of the agreement. Prepared by: Sue Trone, Operations Analyst Bayshore/Gateway Triangle Community Redevelopment Agency - Item Number: Item Summary: Meeting Date: Page 1 of 1 Agenda Item No. 16G1 April 8, 2008 Page 2 of 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16Gl Recommendation for the Community Redevelopment Agency to revoke a Site Improvement Grant Agreement 04/2007 between the eRA and Luis Fonseca and Idalia Alvarado due to applicants failure to meet terms of the agreement. (Site address: 3095 Linwood Avenue) 4/8/2008 900:00 AM Prepared By Sue Trone Community Redevelopment Agency Operations Analyst Date Bayshore~Gateway Redevelopment 3/18/2008 1 :21 :23 PM Approved By David Jackson Community Redevelopment Agency Executive Director Date Bayshore~Gateway Redevelopment 3/26/20082:25 PM Approved By Randy Greenwald County Manager's Office ManagemenUBudget Analyst Date Office of Management & Budget 3/26/20084:55 PM Approved By Mark Isackson County Manager's Office Budget Analyst Date Office of Management & Budget 3/27/2008 8:11 AM Approved By Leo E. Ochs, Jr, Board of County Commissioners Deputy County Manager Date County Manager's Office 3/27/2008 11 :31 AM file://C:\AgendaTest\Exoort\ 1 04-Aoril%208.%202008\ 16.%20CONSENT%20AGENDA \ 16... 4/2/2008 ---.,.-."' Agenda Item No. 16G1 April 8, 2008 Page 3 of 6 J -tCV>"- I ~ G,J.. [(/"."""..../(3 Zo~7 GRANT AGREEMENT BETWEEN CRA AND OWNER J FOR SITE IMPROVEMENT FOR BA YSHORFJGATEW A Y TRIANGLE REDEVELOPMENT AREA '1- t~ I [ , I. I , " ~\ I - nns AGREEMENT ENTERED this 13 day of h k",.~ 200> 7 by and between the Collier County Community Redevelopment Agency (h referred to as "CRA") and Luis Fonseca & Idalia Alvarado (hereinafter referred to as "Owner"). WIT N E SSE T H: 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 owners for CRA grants; and WHEREAS, Owner has applied for a site improvement grant in the amount of 4>L.f Ola" 3 '" dollars; and WHEREAS, the CRA has determined that Owner meets the eligibility requirements and was approved for It' 612U~ I ') the site I pro\'ements. a grant award in the amount of $4,070.63 dollars on , ...10 <' 7 ("CRA Approval"), which is 50% of the costs to construct NOW, THEREFORE, in consideration of the mutual covenants contained herein and other valuable consideration, the parties agree as follows: I. Owner acknowledges to the eRA that Owner has received a copy of the Collier County Community Site Improvement Grant Program (hereinafter referred to as "Grant Program''), that Owner has read the Grant Program, and that Owner has had ample opportunity to discuss the Grant Program with OvIner's counselor advisor. Owner further acknowledges to the CRA that Owner understands and agrees to abide by all of the terms and conditions of the Grant Program. Owner agrees to the terms and conditions of the Grant Program. 2. Owner is the record oymer ofproper1y described as 3095 Linwood Avenue. 3. Owner has agreed to make certain improvements to the property pursuant to the grant application submitted to the CRA dated January 22, 2007 attacbed hereto as Exhibit A and incorporated herein by reference. 4. Owner agrees to complete the construction of lbe Site Improvements within one (1) year of CRA Approval. Owner also agrees to fund at least 50% of the costs of the Site Improvements. EX-lItBlT ........ 1-\;-=::,1D7 SlG /\dr~c:TieI11 '~f \ '( ,I , r: \ "," ,.:\r,' ~-",,'\ "'-'\ .,-' Agenda Item No. 1681 April 8, 2008 Page 4 of 6 5. CRA bas approved a grant to Owner in the amount of $4,070.63 to be administered pursuant to the fenDS of this Agreement based on an estilDJlted cost of S8,141.26. If the actual costs are less than the estimAted costs to construct the Site Improvements and less than $8,000, 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 Ovrner, or any immediate relative of Owner, shall serve as a contractof Of subcontractor for the construction of the Site Improvements and no Owner, or any immediate relative of Owner, shall receive compensation for labor for the construction of the Site Improvements. An immedi.ate relative of Owner shall include mother, father, brother, sister, aunt, unele and cousin or family member by marriage to include mother-in-law, father -in-law, brother-in-law and sister-in-law. 7. Owner agrees to obtain all neces.'W)' permits and submit any required plans to the County's Community Development and Environmental Services Division. Upon completion of the work, Owner shall submit to the CRA staff a project summary report. two (2) 8 x 10 after photos, 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 eRA, through its stafI; shall confirm that the Site Improvements were constructed pursuant to !be =s 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, Owner shall be issued a cbeck in the amount of !he gnmt. However, if Owner fails to make !he improvements pursuant to the terms of the approved application, or if the project is not completed within one (I) year of CRA approval, or if Owner fails to fund at least 50"/0 of the cost of the Site Improvements, the grant shall he deemed revoked and Owner shall he entitled to no funding. 9. of Florida. This Agreement shall he governed and construed pursuant to the laws of the State 10. This Agreement contains the entire agreement of the parties and their representatives and agents, and incorporates all prior understandings, whether oral or written. NQ 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 authoriz.ed officer of the party to be charged. 1 J. This Agreement is personal to Owner, and may not he assigned or transferred by Ov.ner or to Owner's respective heirs, personal representatives, successors or assigns without the prior written consent of the CRA. Fv:n07 Sl(j Ag.n..~emcnt ? , v \ \ -c ,. , '-I I .. /, Agenda Item No. 16G1 April 8, 2008 Page 5 of 6 rN WITNESS WHEREOF, the parties have executed this Agreement on the date and year first written above. OWN"ER.: (1) Witness Signature By: X t' ''f- - 'T"'~-; Printedrryped Name PrintedlTyped Name (2) Witness S;gnarure By:/ Lu,S ~ rON5C3--C,;1 PrintediTyp",.d Name ~~f'L~~-'....,-- Printed'Typed. ame -;--=" _ /' ,~., ?) /1 Lv ,"1I'r.")r4 j) c) .J- ,,~A-' /""'T '-. ATTESt: '.. DwrMu E, BROCK, Clerk /.y,);.".~/)..jk~ .//) ~~:. ,'-:t~J.7>"~ ~.- . . :<".." ,J '. eputy Clerk ~t_.~"...._t-l.~ ~-..~ . ~- ','_":' ." - , COLLIER COL"NTY COMMill;1TY REDEVELOPME:NT AGENCY / .iui!.-- By: .:Jcl1:;i e 01 .. LUri.lJJA ~Unty of COLLIER Approved H..' to form md legal sufr,ciency; I HERErJr CERTIFY TH.',! this is 11 we and correct CO;l:! ot a ,:IC.;b,itt?;!:~tt~~.fnn in Bos;rd 1l,,!Inuh~:; ~~,~.-\"~~:.t;'.:~trj'c.(~j\i..~r County vt/IT.t\IE:S3 rd; h~I"-~'~-":'\.~);.;!'s:2J th~s: -&- day ot~f21'iPR-' 3. . ' HT E. BR&~1{, C-t:":;KQFCQD1'iTs ~/7~L7~,':0t;0~o._.,/ / . " .;. " - ~ ' "" ~ _ I .4 . .' .~1:" ,.. l~cC~U.(_& ",,'t;.L~j Marjo\!!, SUJderit-Stirling , Assistant COl1J1ty Anorney 1~;:'''-'1 ;; 1&,64. 1 I \':0:-17 SICr ..\;:?c::mCJil ." i ! ;';;' ~1t<tuv7 \ I _. ""'Fl~ i I '~Cc .W~~7 t. i ,-~l (, d '~..!:flr::!:-- ! i /'J.;'" / . Agenda Item No. 1681 April 8, 2008 Page 6 of 6 CRA RESOLUTION NO 08- A RESOLUTION OF THE COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY TERMINATING THE GRANT AGREEMENT BETWEEN CRA AND OWNER FOR SITE IMPROVEMENT FOR BA YSHOREiGATEW A Y TRIANGLE REDEVELOPMENT AREA DATED FEBRUARY 13. 2007 (#04/2007) AS IT RELATES TO PROPERTY AT 3095 LINWOOD A VENUE. WHEREAS, on February 13, 2007. the Community Redevelopment Agency (eRA) entered into a Grant Agreement between eRA and Owner for Site Improvement for Bayshore/Gateway Triangle Redevelopment Area (Agreement) with Luis Fonseca and Idalia Alvarado (Owners); and WHEREAS, the February 13, 2007 Agreement provided for the payment of $4,070,63 [0 the Owners upon complction of certain site improvements to property at 3095 Linwood A venue; and WHEREAS, the Owners failed to complete the .~ite improvements within the time limits set forth in the approved Site Improvement Grant Application and the February 13, 2007 Agreement; and WHEREAS, the eRA desires to terminate February 13. 2007 Agreement in order to reallocate these grant funds. NOW, THEREFORE, BE IT RESOLVED BY THE COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY that: J. The Site Improvement Grant Agreement for Bayshore/Galeway Triangle Redevelopment Area with Luis Fon.~eca and Idalia Alvarado, dated February 13, 2007 (attached hereto at Exhihit "A") is hereby terminated and of no further force and effect. 2. AU funds pledged to the Owners through the February 13, 2007 Agreement are available for reallocation pursuant to the Bayshore/Gateway Triangle Site Improvement Grant Program. 3. This Resolution shall become effective immediately upon passage and adoption. This Resolution adopted after mOlion, second and majority vote this ~ day of ,2008, ArrEST: DWIGHT E. BROCK COMMUNITY REDEVELOPMENT AGENCY OF COLLIER COUNTY. FLORIDA By: . Depuly Clerk By: DONI'A FIALA, CHAIRMAN Approved as to form and legal sufficiency )r~~,,-u -on. {J:t.t/..6Ur-t -;J:tzdL-t* Marjorie. . tudent-Stirling (J Assistant County Attorney