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Resolution 2007-330 CRA RESOLUTION NO, 07- 3..3..0..... A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF COLLIER COUNTY, FLORIDA, TERMINATING THE GRANT AGREEMENT BETWEEN CRA AND OWNER FOR SITE IMPROVEMENT FOR BAYSHORE/GATEWAY TRIANGLE REDEVELOPMENT AREA DATED NOVEMBER 14, 2006 (#01/2007) AS IT RELATES TO PROPERTY AT 3580 BAYSHORE DRIVE. WHEREAS. on November 14, 2006, the Community Redevelopment Agency (CRA) entered into a Site Improvement Grant Agreement for Bayshore/Gateway Triangle Redevelopment Area with Sona Enterprises and Echo, LLC (Owners); and WHEREAS, the November 14, 2006 Agreement provided for the payment of $2,510.54 to the Owners upon completion of certain site improvements to property at 3580 Bayshore Drive; and WHEREAS, the Owners have notified the CRA that they are unable to complete the site improvement project within the time limits set forth in the November 14,2006 Agreement; and WHEREAS. the CRA desires to terminate November 14. 2006 Agreement in order to reallocate these grant funds. NOW. THEREFORE, BE IT RESOLVED BY THE COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY that: I. The Site Improvement Grant Agreement for Bayshore/Gateway Triangle Redevelopment Area with Sona Enterprises and Echo, LLC. dated November 14. 2006 (attached hereto at Exhibit "A") is hereby terminated and of no further force and effect. 2. All funds pledged to the Owners through the November 14, 2006 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 ..N cH",~e(' , 2007. after motion, second and majority vote this ~ day of ATTEST:"i t DWIGHT E. BROCK :'(~. ^ 'c'" ;By:<j mlt!rt''' 0 (". ~ 1 ('" ,," .,:"~ '" "')111 W"l- App"'\'e4a~ 1& form and legar~ufficiency COMMUNITY REDEVELOPMENT AGENCY OF COLLIER OUNTY. FLORIDA By: DONNiA FIALA, CHAIRMAN ~ 'yn.~~Lk-~~ MarJ M. Student-Stlrhng r- - - -- -(j Assistant County Attorney ea.~ 11~'^ II,' I ~llf,~ GRANT AGREEMENT BETWEEN CRA AND OWNER FOR SITE IMPROVEMENT FOR BA YSHORE/GATEWA Y TRIANGLE REDEVELOPMENT AREA TIllS AGREEMENT ENTERED this 1!L"tbday of ~W&~ ,2tJO '" by and between the Collier County Community Redevelopment Agency (hereinafter referred to as "CRA") and :::i>rltll GI\.\c( pr,St";. tl... J (hereinafter referred to as "Owner"). e:cl\-O LLC. I WITNESSETH: 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 of6/)/(J.!>~ dollars; and WHEREAS, the CRA has determined that Owner meetsJhe eligibility requirements and was approved for a grant award in the amount of ;;1,;;;/0.5'1- dollars on iVoJI;;lA.(:€fL 1'1 ,Z6l)(. ("CRA Approval"), which is 33.~% of the costs to construct the site improvements. NOW, THEREFORE, in consideration of the mutUjl\ covenants contained herein and other valuable consideration, the parties agree as follows: 1. Owner acknowledges to the CRA 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 Owner'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, a copy of which is attached as Exhibit "A" and incorporated herein. 2. Owner is the record owner of property described as 358'D 1~'{SHDe" DQ./vE; 3. Owner has agreed to make certain improvements to the property pursuant to the grant application submitted to the CRA dated fGPIE"M&:L Iw, lCO& (the "Site Improvements") Attached hereto as Exhibit A and incorporated herein by reference. 4. Owner agrees to complete the construction of the Site Improvements within one (I) year of CRA Approval. Owner also agrees to fund at least 50% of the costs of the Site Improvements. EXHIBIT "A" 5. CRA has approved a grant to Owner in the amount of f;;., ~~/tl,}.-'I to be administered pursuant to the terms of this Agreement based on an estimated cost of 1I7JI 07. 7 iJ. If the actual costs are less than the estimated costs to construct the Site Improvements, the grant amount shall be reduced to equal the percent of the Site Improvement costs approved for funding by the CRA. 6. Unless prior disclosure is included in the grant application, no Owner, or any immediate relative of Owner, shall serve as a contractor or 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 immediate relative of Owner 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. 7. Owner agrees to obtain all necessary 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 CRA, through its staff, shall confirm that the Site Improvements were constructed pursuant to the terms 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 check in the amount of the grant. However, if Owner fails to make the improvements pursuant to the terms of the approved application, or if the project is not completed within one (I) year ofCRA approval, or if Owner fails to fund at least 50"10 of the cost of the Site Improvements, the grant shall be deemed revoked and Owner shall be entitled to no funding. 9. of Florida. This Agreement shall be 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. 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. 11. This Agreement is personal to Owner, and may not be assigned or transferred by Owner or to Owner's respective heirs, personal representatives, successors or assigns without the prior written consent of the CRA. FRll1 : FPC< 1-1), . . ........~~ ..:"..... May. 12 2003 06:24PM P5 .. ". IN WITNESS wHEREOJr. the parties have aec:uted tliis ~ on the data and year first written above. .<.:-".." .' . . AJIIlIlMllMIO..... .... ....-,_. .",. o - COLLIElt COUNTY COMMl:lNl1Y AGENCY By: ;:;:;:'~~'A~~~~ .-.- CwaI;r AlIclnIe1 -f." . . . .;~'.::" .. II