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.
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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
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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
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Agenda Item No. 16G1
April 8, 2008
Page 3 of 6
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GRANT AGREEMENT BETWEEN CRA AND OWNER J
FOR SITE IMPROVEMENT FOR BA YSHORFJGATEW A Y TRIANGLE
REDEVELOPMENT AREA
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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
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dollars; and
WHEREAS, the CRA has determined that Owner meets the eligibility requirements and
was approved for
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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.
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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.
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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
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Printedrryped Name
PrintedlTyped Name
(2)
Witness S;gnarure
By:/
Lu,S
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PrintediTyp",.d Name
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Printed'Typed. ame
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DwrMu E, BROCK, Clerk
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COLLIER COL"NTY COMMill;1TY
REDEVELOPME:NT AGENCY
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By:
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~Unty of COLLIER
Approved H..' to form md
legal sufr,ciency;
I HERErJr CERTIFY TH.',! this is 11 we and
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Assistant COl1J1ty Anorney
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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
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Marjorie. . tudent-Stirling (J
Assistant County Attorney