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Resolution 2008-088 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 BAYSHORE/GATEWAY 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 (CRA) entered into a Grant Agreement between CRA 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 to the Owners upon completion of certain site improvements to property at 3095 Linwood Avenue; and WHEREAS, the Owners failed to complete the site improvements within the time limits set forth in the approved Site Improvement Grant Application and the February 13, 2007 Agreement; and WHEREAS, the CRA 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: I. The Site Improvement Grant Agreement for Bayshore/Gateway Triangle Redevelopment Area with Luis Fonseca and Idalia Alvarado, dated February 13, 2007 (attached hereto at Exhibit "A") is hereby terminated and of no further force and effect. 2. All 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 motion, second and majority vote this R'1:- day of 1\ I'"~ \ \ , 2008. \ ATTEST: ,:", " DWIGHr:%~ciK. . ..~'...,... ....~~.. .~ COMMUNITY REDEVELOPMENT AGENCY OF COLLIER COUNTY, FLORIDA BY@,"~ ~i~ DONN FIALA, CHAIR A u Marjorie tudent -Stirling Assistant County Attorney ..(g),f!pl.1-. -;:J;u iV, '\ ',J EXlllBIT A GRANT AGREEMENT BETWEEN CRA AND OWNER FOR SITE IMPROVEMENT FOR BAYSHORElGATEWAY TRIANGLE REDEVELOPMENT AREA TIllS AGREEMENT ENTERED this..L3. day of h~<./~tXl7 by and between the Collier County Community Redevelopment Agency (h referred to as "CRA ") and Luis Fonseca & Idalia Alvarado (hereinafter referred to as "Owner"). 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 of!>q a/a, 3 dollars; and ./ WHEREAs, the CRA bas determined that Owner meets the eligibility requirements and WJlS approved for a grant 8ward in the amount of $4,070.63 doIIars on f-t'6.a.-:z I ~ . ",/007 ("CRA Approval"), which is 50"" of the costs to construct the site . rovements.. NOW, lHEREFORE, in CODsideration of the mutual covenants contained herein and other valuable consideration, the parties agree as follows: L 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 Prognunj, 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. 2. Owner is the record owner ofpropgly 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 Ianuary 22. 2007 attached hereto as Exhibit A and incorporated herein by ,.,{".cnce. 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. fY2007 SIG Agreement 5. CRA has approved a grant to Owner in the amount of $4,070.63 to be administered pursuant to the terms of this Agreement based on an estimated cost of $8,141.26. 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 eRA funds as determined by ratio of matching private funds required. 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 n-~ary permits and submit any required plans to the County's Community Development and EnvironmenfaI Services Division. Upon completion of the work, Owner shall submit to the CRA staff a project Sllmmmy report, two (2) 8 x IO after photos, a list of materials and construction techniques used, a list of arehitects 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% of the cost of the Site Improvements, the grant shall be deemed revoked and Owner shall be entitled to no fimtli118. 9. of Florida. This Agreement shall be governed and construed Pursuant to the laws of the State 10. This Agreement contains the entire lIgreement 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 bil1dil1g unless in writing and signed by a duly authorized officer of the party to be charged. I I. This Agreement is personal to Owner, and may not be assigned or transferred by Owner or to Owner's respective heirs, persona] rep.i"""utatives, SlJCt'('sSOIS or assigns without the prior written consent of the CRA. FY2007 STG /\grcement :2 IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year first written above. OWNER: By: X A Y-T~-; (I) Witness Signature PrintedlTyped Name PrintedlTyped Name (2) Witness Signature By:/ .t {/t:S h rO/,/$cC/f Printed/fyped Name ~~~M','7 PrintedlTyped ame ~yA~,A ~ 8~v~R~90 ......' " ATT?Sl:: .....: . DWIGHT H, BROc:K, Clerk COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY ~ oo~J~ .~~.u, /It;AA.i.,,l:: -;k;.L'-i Mmjo' Student-Stirling <J Assistant County Attorney "litre 01 t LUKIU" .:GUilty of COLLIER I HEREBY CERTIFY TH.4T this 15 a true and correct copy ot aOI);;:"ifm''!f.JC>1\ .file in Board Minutes "'::t'l"'s":'t.('1'()(~JH;;lr Co.unfJ W)}~E~~;~ii~J ~j_SC~: fuJ$ . ~ . ~;z\. ..".',: T E. BRoc,l(, ~'t";''''l\ WCQJJfl18 / t., '_..;;'.> ',- , , :. .' D.Cl. ,,/-- - Approved as to form and legal sufficiency: FY2007 SfG !\grcclllcnt '""' 1t. 2- 1 ;','" ,y~, . '. ~vfi i '".. 'M~7' 1 r:,j --- 1 i~J..