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Ordinance 2008-40 ORDINANCE NO. 08-~ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO 2002-38, THE COLLIER COUNTY REDEVELOPMENT GRANT PROGRAM ORDINANCE, IN ORDER TO ADOPT A FAc;ADE GRANT PROGRAM FOR THE IMMOKALEE COMMUNITY c REDEVELOPMENT AREA; PROVIDING FOR CONFLICT ':::. AND SEVERABILITY; PROVIDING FOR INCLUSION IN ~ -'~''l THE CODE OF LAWS AND ORDINANCES; AND' , , , -.- PROVIDING FOR AN EFFECTIVE DATE. .- -,' ~ 'J ~ WHEREAS, on March 14, 2000, the Board of County Commissioners (Board) adbpted' Resolution No. 2000-82, which established and described the Bayshore/Gateway Triangle Redevelopment Area and the Immokalee Community Redevelopment Area; and WHEREAS, on March 14,2000, the Board adopted Resolution No. 2000-83 creating the Community Redevelopment Agency of Collier County, Florida (CRA); and WHEREAS, on June 13, 2000, the Board adopted Ordinance No. 2000-42 establishing the Redevelopment Trust Fund which appropriated "incremental tax revenues" for community redevelopment purposes; and WHEREAS, on June 13, 2000, the Board approved Resolution No. 2000-181 adopting a Community Redevelopment Plan for the "Community Redevelopment Area," which included the Bayshore/Gateway Triangle Redevelopment Area and the Immokalee Community Redevelopment Area; and WHEREAS, on July 30, 2002, the Board adopted Ordinance No. 2002-38, the "Collier County Redevelopment Grant Program Ordinance" creating a Site Improvement Grant and Impact Fee Assistance Grant for the Bayshore/Gateway Triangle Redevelopment Area; and WHEREAS, the Board desires to amend Ordinance No. 2002-38 in order to create a Words Underlined are added; Words Struck Tlmmgfi are deleted. Page I of 4 ._._.---_.~.. --~"~----,.__.. Fac;:ade Grant Program within the Immokalee Community Redevelopment Area using a portion of the funds in the Redevelopment Trust Fund. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Title and Citation. This Ordinance shall be known and cited as the "Collier County Redevelopment Grant Program Ordinance". SECTION TWO: Annual Appropriation. The Board of County Commissioners shall annually, during its budget process, allocate funding for grant programs from the Redevelopment Trust Fund for the community redevelopment area. The Board of County Commissions, in its discretion, may adjust the amount allocated for grant programs at any time during its fiscal year. SECTION THREE: Adoption of Site Improvement Grant and Impact Fee Assistance Grant Programs. The Site Improvement Grant and Impact Fee Assistance Grant programs are hereby adopted. A copy of said programs are annexed to this Ordinance and adopted and made a part of this Ordinance by reference. Either Site Improvement Grant or Impact Fee Assistance Grant program may be amended by resolution of the CRA. SECTION FOUR: AdoDtion of the Facade Grant Prol!ram for the Immokalee Communitv RedeveloDment Area. The Facade Grant Program for the Immokalee Communi tv Redevelopment Area is herebv adopted. A copv of said program is annexed to this Ordinance and adopted and made a part of Words Underlined are added; Words Struck TfirOlclgfi are deleted. Page 2 of 4 ..---. '~"'- ',.".--. this Ordinance bv reference. This Facade Grant Program mav be amended bv resolution of the CRA. SECTION FOUR FIVE: Administration by CRA. The Board of County Commissioners delegates the administration of the grant programs to the CRA including, but not limited to, selection of recipients, contracting with owners and contract enforcement. The CRA shall approve all applicants for funding after the Board of County Commissioners allocates grant program funding for each fiscal year. The recipients of any grant funds shall be required to execute an agreement in a form approved by the County Attorney's Office for legal sufficiency and approved by the CRA. SECTION FWE SIX: Conflict and Severability. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION ~ SEVEN: Inclusion in the Code of Laws and Ordinances. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or re-Iettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION SEVEN EIGHT: Effective Date. This Ordinance shall take effect upon filing with the Department of State. ,.,....~.,'_"c. Words Underlined are added; Words Struck TlmJHgfi are deleted. Page 3 of 4 ------ - ----,_..... PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier . f' J-:;il/ County, Florida, this . tl~ day of ,2008. / ~... . r ") ~'t:'\... . ",j "-. ,-, , '-'to BOARD OF COUNTY COMMISSIONERS ATTES:f;, ..~ DWIGHT ~, BROCK, C~rk COLLIER COUNTY, FLORIDA . . . ., B, J~b By: , _'-It n to 011 ''''' - TOM HENNING, CHAIRMAN s t QI1 at III"t on 1- Approved as to form and legal sufficiency: ~~ J g. ~I dfAI.{ -p;.1h.?j Marjo' Student-Stirling Assistant County Attorney This ordinance f H&l.:1 Wit!'l the ~ary Of~ Ci~ day of _. _... and acknowledge ft1that fi . eived i day a , By Dop"", Words Underlined are added; Words Struck TlmJHgh are deleted. Page 4 of 4 -.-.. ,-~ _m'" . ".----.---- '--'--'-'" o' .i(.,IItl....o, r.:' :> 'j CommunitY R;;d;;':;; C;prnentAgency j The place to Call Home! Commercial Facade Improvement Program Policies and Procedures March 2008 310 Alachua Street Immokalee, FL 34142 "~m____..~,,__. _. . ._ .,"._. __._._.._..._. Section 1 - Prol!ram Purpose and Benefits The Immokalee Community Redevelopment Agency's Commercial Facade Improvement Program allows for the use of Community Redevelopment Agency (CRA) grant funds, in conjunction with private investments, for general improvements to the exterior of commercial structures located within the boundaries of the lmmokalee Urban Designated Area. The intent of the Commercial Facade Improvement Program is to increase commercial occupancy rates and property values within the CRA while revitalizing the overall appearance of the Immokalee Urban Designated Area, To accomplish this objective, the Program assists commercial property owners and tenants to restore or renovate the exteriors of their structures, thereby improving the area's physical characteristics and enhancing the visual quality and attractiveness of the environment, which will lead to increased investment, occupancy and property values. Eligible applicants can receive grant funding up to $20,000 using a one-half (Yz)-to-one match with equal applicant funding for facade improvements to commercial structures, To illustrate, if a grant amount of $20,000 is requested, the applicant must provide funding in an amount of at least $10,000 toward redevelopment of the project as well. All facade improvements must be consistent with the Immokalee Community Redevelopment Plan, Immokalee Area Master Plan, and the Land Development Code. CRA staff will review applications for completeness and determine if funding is to be recommended. The CRA Executive Director or designee may approve grant applications of $10,000 or less; applications in excess of $10,000 will be forwarded to the Community Redevelopment Agency Advisory Board and the CRA Board for review for funding approval. Grant funds will be distributed only upon completion of improvements and submittal of all receipts, invoices and required documentation to CRA staff. Applicants must be willing to maintain the renovations and improvements for at least five years. The Grantee shall not be liable to the CRA for repayment of the grant funds provided the Grantee complies with all conditions set forth in the Grant Agreement. Should the Grantee transfer, sell, divest itself of its interest in the subject property, or fail to maintain the renovations and improvements during the five-year period following receipt of the grant funds, the CRA shall be entitled to reimbursement of the grant funds as follows: Elapsed Time Amount Due eRA o to one year after grant funds received 100% One year after grant funds received 80% Two years after grant funds received 60% Three years after grant funds received 40% Four years after grant funds received 20% Five years after grant funds received 0% Grant funding is awarded on a first-come, first-served basis. Based on the amount of funding requested, applications must be approved by the appropriate entity (CRA, CRA Executive I .._>,._~-- ,......- ._~......-_.__._....__.."_..,,-_..._<- -- .._'_.~-~-~-_.._. Director or designee) before work can begin on the improvements. Grants will not be awarded for work previously completed or that is in the process of being completed. Section 2 -Community Redevelopment Area Boundaries The lmmokalee Urban Designated Area Boundaries are reflected on the map attached, Section 3 - Elil!ible Expenses I. Facade improvements, such as storefronts, display windows, painting (in conjunction with other improvements), and exterior architectural or security lighting, 2. Removal of elements that cover original architectural design and details. 3. S ignage. 4. Addition and/or replacement of awnings/doors/windows. 5. Overall replacement of architectural elements that have structural deficiencies. 6. Painting, as part of a more comprehensive improvement project. 7, New stucco and stucco bands, 8. Electrical work directly related to the exterior of the building or the installation of approved signage. 9, Professional design and engineering services related to structural renovation, new construction and signage. 10. Landscaping and irrigation (subject to approval of a Landscape Plan), 11. Demolition required to facilitate approved facade improvements. 12. Vinyl soffit and fascia, as part of more extensive project improvements, )3, Roof improvements. 14, I mprovements that enhance access, such as handicapped ramps and sidewalks, 15. Decorative fencing. 16, Improvements to parking facilities. 17. Storm water enhancements. 18. Statues and fountains, Section 4 - Inelil!ible Expenses I. Physical or visual removal of architecturally important features. 2. Installation of aluminum or vinyl siding. 3. Painting, when not associated with other improvements, 4, Permitting fees, 5. Any labor performed by a non-licensed contractor. 6. Improvements constructed prior to execution of final agreement with the CRA, 7. Routine maintenance activities that are part of normal property ownership, 8, Repairs performed to correct Code vio lations. 9. Improvements to a property that has any judgment liens, is not current on all mortgage and tax obligations, and has any Code violations. 10, New construction, 11. Renovations to properties that are exclusively residential. 12. Renovations to properties that have non-conforming uses, 2 _...~._-_._-_.__. ......~. _.-,-,- ---,. 13. Interior renovations. Section 5 - Prol!ram Criteria I. The structure to be improved must be within the boundaries of the Immokalee UrBan Designated Area. 2. Applicants must demonstrate that all necessary financing required to complete the project has been secured and that the applicant is providing matching funds that are at least one- half (\12) of the amount ofthe grant amount being requested. 3. Applicants must have received the requisite CRA, CRA Executive Director or designee approval prior to commencement of improvements. 4, All necessary permits and approvals must be obtained from Co llier County before work is commenced. All work is to be perfonned to the satisfaction of the Collier County Building Department officials, and all site and landscaping work is to be perfonned in compliance with the Land Development Code and all applicable County ordinances and regulat ions. 5, A licensed contractor must perfonn the work; proof of licensure and insurance is required. 6, Applicants must agree to maintain the improvements for at least five years. The CRA, CRA Executive Director or designee, as applicable, must approve any changes proposed to the improvements, 7, The property must be free from any judgment liens, and all mortgage and tax obligations must be current. 8. There may be no more than one approval for project funding per fiscal year, A "project" is defined as a single or set of enhancement/renovation activities for an eligible property. 9. The total amount of grant funds available for anyone property under this Program is $20,000. Any subsequent applications for the same property in future years will be treated cumulatively for purposes of detennining funding eligibility. Section 6 - Evalnation Criteria Grant funds are limited and will be awarded on a first-come, first-served basis, Because one of the primary objectives of the Commercial Facade Improvement Program is to eliminate blighted conditions and improve the visual impact of the redevelopment area, competed applications will be evaluated using the following criteria: I. Consistency with the goals, objectives, policies and principles of the Immokalee Community Redevelopment Plan and the Immokalee Area Master Plan, 2. Adjacency of the project to a recent or proposed redevelopment project. 3, Likelihood that the project will result in the occupancy of a presently vacant building. 4, The amount of funds that the applicant pledged to match leveraged against CRA funds, 5. The extent to which the project encourages a secure and convenient environment for patrons and employees, 6, Receipt of previous facade improvement grant awards (first-time applicants will have priority over repeat applicants), 3 _<____0_ -----, ___'_,,_,__,'_,.__._..n.'__. , _",'.__,_~,,__.."'__ -.. ~ .----.- Section 7 - Annlication Procedures A property owner or tenant that is interested in participating in the Commercial Facade Improvement Program must submit a completed and signed application, along with supporting documentation, to: The Immokalee Community Redevelopment Agency 3] 0 Alachua Street Immokalee, FL 34142 In addition to other supporting documents, applicants are required to submit quotes from two licensed contractors with the application, CRA staff will review applications for completeness and for compliance with Program criteria, Applications that are incomplete may be returned for additional infonnation, Projects that do not comply with Program criteria will not be considered for funding. Awards of funding will be based on the lowest qualified bid. The applicant may elect to choose a contractor other than the one with lowest qualified bid but shall be responsible for all costs exceeding the lowest qualified bid, Under all circumstances, the contractor perfonning the work must be licensed, insured and have worker's compensation insurance. It is recommended that applicants retain the services of a registered architect, or similarly qualified design professional to prepare plans, drawings, renderings and construction specifications for their projects. Fees for services provided by a registered architect or similarly qualified design professional may be counted towards the applicant's Program match. The CRA will not be responsible in any manner for the selection of a contractor. An applicant should pursue all activities necessary to detennine contractor qualifications, quality of workmanship, and reputation. The applicant will bear full responsibility for reviewing the competence and abilities of prospective contractors and secure proof of licensing and insurance coverage. Commercial Facade Improvement Program grant applications can be obtained from the Immokalee Community Redevelopment Agency, 310 Alachua Street, Immokalee, FL 34142, 4 ---.._-_.. .--,. _._.,- - .._---~ -.-.- -.-- Pre-Application Meeting If desired, CRA staff will review the applicant's conceptual plans in an informal setting, including discussion of the eligibility criteria, Program requirements, proposed project scheduling, and consistency of the proposal with the intent of the Program, At this stage, staff can offer assistance with the completion of the application form and provide limited technical and architectural guidance on the project proposal. At the conclusion of the pre-application meeting, staff will provide the applicant with a general determination as to whether the proposed project is likely to qualifY to receive Program funds and whether the applicant is sufficiently prepared to move on to the application stage, Required Submissions Items required for submission include: 1. A completed and signed application form, 2. At least four 4" by 6" color photographs of the existing building exterior, showing all sides of the building, with emphasis on the area to be improved, 3, Renderings or conceptual drawings of the project when completed, 4. Two bids from licensed contractors detailing the following: a. Description ofthe materials to be used and the construction procedure: and, b. Itemized cost estimate of the project. 5. A legal description ofthe property, 6. Proof of property ownership and, if a tenant, a copy of the lease. 7. If the property is leased, the property owner must also be a party to the grant application and grant agreement. 8. Documentation from all lending institutions verifYing all mortgage payments on the property are current and that the lending institutions will provide updated information upon request by the CRA, CRA Executive Director or designee. 9, Documentation indicating that all property tax payments are current. 10. Proof of property insurance. Application Approval The CRA Executive Director or designee will approve or deny grant applications of $10,000 or less, Projects in excess of $10,000 will be forwarded to the CRA Advisory Board and the CRA Board with a recommendation from CRA staff for funding approval or denial. All applicants will receive written notification regarding approval or denial of their application. If an applicant's proposal is approved by the CRA Executive Director/designee or the CRA, as applicable, the applicant will receive written notification of the approval, which will include a funding agreement listing the amount of matching funds that are approved. Documentation of Applicant's Required Match The applicant will be required to document the type and source of the matching funds on the application submitted to the CRA, Verification of the funding sources will be required before final approval ofthe grant application, At the discretion of the CRA Executive Director or designee, or the CRA, structural repairs directly related to the building's facade that were completed within six months prior to the date of the grant application MAYbe used as part or all of the applicant's required match. 5 ._--, ~.- - ~ Construction Start After the grant agreement has been executed, the applicant may award the construction contract and secure all necessary construction permits. The owner/tenant must issue a "Notice to Proceed" to the contractor and apply for a building permit within 60 days of executing the grant agreement. Construction must begin within 90 days of execution of the grant agreement and be completed within 12 months of the execution of the grant agreement. Extensions may be granted at the discretion of the CRA Executive Director or designee, contingent upon the applicant's demonstrating just cause for such an extension, Modifications to the approved final plans or changes to the construction documents, which produce visible differences in the approved facade design, will require review and approval by the CRA and/or CRA staff. Failure to receive such approval shall invalidate the grant agreement, and the agreement will be deemed terminated. In the event the agreement is terminated, and if any grant funds have been disbursed to the applicant by the CRA as provided below, the disbursed funds shall become immediately due and payable to the CRA, Disbursements Generally, approved projects will receive reimbursement funding upon completion of the project and submission of all required receipts, invoices and documentation, For projects in excess of $10,000 (grant and applicant match combined), where the applicant cannot secure full funding for the project, the Executive Director of the CRA may approve the partial payment of grant funds once a project has reached agreed-upon milestones, In these cases, the applicant and the CRA will reach an agreement before construction begins on the terms and conditions of such a milestone and the amount of the partial payment. However, grant funds cannot be used to reimburse the applicant for any work done on the building prior to the date of a fully executed Grant Agreement between the applicant and the CRA, Funds will be disbursed by a check payable to the applicant (1) upon certification of completion by a County Building Official, or as agreed to with the CRA Executive Director; (2) CRA staff verification that the work was completed as proposed in a satisfactory and professional manner; and (3) submission of all receipts and required documentation, including contractor invoicing, and evidence of payment of funds for reimbursement and match, to CRA staff, Funds will not be disbursed on projects that are not in accordance with the approved plans. The Immokalee CRA will make the final determination as to whether the project is complete, Applicants must provide verification, satisfactory to the CRA, of all project costs, including contractor invoicing, and evidence of payment of funds for reimbursement and match, before grant funds can be disbursed. Application Process Summary 1. Applicant submits a complete application to the CRA office. 2, CRA staff reviews application for completeness, accuracy and eligibility, 3, CRA staff presents recommendation to the CRA Executive Director and/or CRA, as appropriate. 6 ~'-~'--'-'----,_.. -,---^---- -. "-,.-._--~-- -_....._--,-- ---- 4. Upon approval, the applicant will be notified in writing of the amount of the grant awarded and the documentation that must be provided before funds are released. Section 8 - Disclosures The CRA expressly reserves the right to reject any or all applications or to request additional information from any or all applicants. The CRA retains the right to amend the program guidelines and application procedures without notice, The CRA also retains the right to display and advertise properties that receive grant funding. Section 9 - Contact Information Questions on how to complete the application or on the viability of a proposed project should be directed to CRA staff at 239.252.5549, INCENTIVE PROGRAM AREAS _.~_.._~--.- /tJNOKI\LEE, FlORIDA ---- '-~" / / , ~r '. ", i~'-l / / .. ! I r I _.j """"l i ~l_j i - SEPTEMBER 2001 I IMMOKALEE, FLORIDA 0 O..!I 1 2 j, ".'....'.00 " I Jiit-w COWMlJ"'TY ~EOEveLCW'''E..1' ~REA j DI~uREWolIlOlJNl:Wf\' I OeHTEflPAISEZONE.'11C11&re:0E~E>>PQWERloIeHTZCJt.lE , f".;RURAl."REAOf'CRfT~LECONO"'lCCONCERN ~ 1 ..... --~.._-_. -'";~.~,~:.L~~J:'._~ .-~-'~----' 7 --",-, ".~~---q .. _..___.~o ,.-----. ._--~----_.__.,- STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2008-40 Which was adopted by the Board of County Commissioners on the 22nd day of July, 2008, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 28th day of July, 2008, DWIGHT E, BROCK Clerk of Courts and Clerk Ex-officio to Board of County Commissiop~V~~. By: Martha Verga Deputy Clerk ---...----.--------.----. -~~-'" ._.._-".._-,..._,~.~._-_...__._-- 86 I. Office of the County Attorney Deputy COlln(v AltO/7JeT Assis/;lJ1/ County Allomcys Senti H. Teach JCllIlilCr .'\. Bclj)C(Jjn Ellen T. C1mdwcll ' Sectioll Chjc/'~ CoHee n 1V1. (; rcelle Heidi F. .\shtol}~Cick()" vVilliam E. Mountford Jacqueline \Y. l-Illhhard~ :\'J~u:ioric ]VI. Slmlcnt-Stirling .Jelr E. Wrighl . HO;lrd (\~rlilied C;ly. C\'lllll~' Jeffrey A. Klatzkow Hoherl N. 7......chary ;1l1111.l1(,;tl (;(IITI1111I('Jll 1;1\\ County Attorney orcounsc/ Dm'id C. Weigcl September 9, 2008 Ms, Karlyn Solis Department of State Bureau of Administrative Code RA Gray Building, Room 101 500 South Bronough Street, Tallahassee, Florida 32399-0250 Re: Collier County Ordinance No. 2008-40 amending Ordinance No. 2002-38, Dear Ms, Solis: This letter is notification that an error has been noted on the signature page of the above referenced ordinance as to the adoption date which should be July 22, 2008, not July 28, 2008. Please correct the ordinance which was transmitted to you by the Clerk to the Board, Minutes and Records Department. If you have any questions regarding this matter, please do not hesitate to call the Collier County Attorney Office at 239-252-8400. Thank you for your cooperation in this matter, SmFeret, " \_;ff,'(._.j ,LB'..:L.__ ""-.' -, , '!. Jef1'1'by A.. ~tzkow County Attorney cc: Clerk to Board, Minutes & Records------ Municipal Code Corporation JAKllc 3301 Easl Tamiallli Trail- Naples. Florida 34112-4902 - Phone (239) 252-8400. Faesimile(239l252-6300 ""-'-''''-,- ----".---,.