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Agenda 03/12/2004 CRA COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY ~..,. -', ----.==.~ AGENDA March 12,2004 9:00 a.m. NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 2003-53 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS". ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP TO FIVE (5) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST 1 March 12, 2004 TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMP AIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. 1. Adoption of Agenda 2. Announcements & Correspondence - Advisory Board Chairman 3. Election of CRA Board Chairman and Vice Chairman 4. Consent Agenda Items A. To approve and execute the Site Improvement and Impact Fee Assistance Grant agreements between the Community Redevelopment Agency and grant applicants within the Bayshore/Gateway Triangle Redevelopment Area 5. Bayshore/Gateway Triangle Items A. Executive Director B. Office Lease C. Employment Agreement 6. Citizens Comments 7. Adjournment 2 March 12,2004 Community Redevelopment Agency 3050 North Horseshoe Drive, Suite 197 Naples, FL 34104 239.403.2400 COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY FRIDAY, MARCH 12, 2004, 9:00 a.m. W. Harmon Turner Building (Building F) - Collier County Government Complex Third Floor -Board of County Commissioners Chambers 3301 East Tamiami Trial, Naples, FL Aaenda 1. Adoption of Agenda 2. Announcements & Correspondence - Advisory Board Chairman 3. Election of CRA Board Chairman and Vice Chairman A. To have the Community Redevelopment Agency hold its annual elections to select a new chairman and vice chairman. The Bayshore/Gateway Triangle Advisory Board recommends that Commissioner Donna Fiala be nominated as Chair of the CRA Board. 4. Consent Aaenda Items A. To approve and execute the Site Improvement and Impact Fee Assistance Grant agreements between the Community Redevelopment Agency and grant applicants within the Bayshore/Gateway Triangle Redevelopment Area. 5. Bavshore/Gatewav Trianale Items A. Executive Director- To approve the creation of a position and the appointment of an Executive Director to conduct the business of the Bayshore/Gateway Triangle Redevelopment Area, the preparation and implementation of redevelopment planning projects and initiatives of the Bayshore/Gateway Triangle CRA District, and authorize the County Attorney and Staff to draft any necessary agreements, ordinances, resolution language, or budget amendments B. Office Lease - To approve and execute the lease agreement with Michael Valentine Properties for the lease of office space for the Bayshore/Gateway Triangle Redevelopment Area Executive Director, authorize the County Attorney and Staff to draft any necessary agreements, ordinances, resolution language, and approve any necessary budget amendments. C. Employment Agreement - To approve and execute the Bayshore/Gateway Triangle Redevelopment Area Executive Director employment agreement between the Community Redevelopment Agency (CRA) and D. Aaron Blair, and authorize the County Attorney and Staff to draft any necessary agreements, ordinances, resolution language, or budget amendments. 6. Citizen Comments 7. Adjournment Note: All meetings are publicly noticed in the Harmon Turner Building (Administration Building) and on the CRA website. Please call Aaron Blair, Urban Design Planner, at (239) 403-2321 if you have any questions about the meeting. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3301 East Tamiami Trail, Naples, Florida, 34112, (239) 774-8380; assisted listening devices for the hearing impaired are available in the County Commissioners' Office. COMMUNITY REDEVELOPMENT AGENCY EXECUTIVE SUMMARY CRA AGENDA ITEM 3A March 12, 2004 RECOMMENDATION THAT THE COMMUNITY REDEVELOPMENT AGENCY HOLD ANNUAL OFFICER ELECTIONS AND ELECT A NEW CHAIRMAN AND VICE CHAIRMAN. OBJECTIVE: To have the Community Redevelopment Agency hold its annual elections to select a new chairman and vice chairman. CONSIDERATIONS: In accordance with Section 163.357(1), Florida Statutes, the Board of County Commissioners declared itself to be the CRA, a separate legal entity, in March 2000. Officers are elected by CRA Board membership. NOTE: The CRA is a "separate legal entity". Commissioners do not represent commission districts for CRA purposes, rather they represent both redevelopment component areas: Bayshore/Gateway Triangle and Immokalee. FUND 187 FISCAL IMPACT: None. ADVISORY BOARD RECOMMENDATION: That the Community Redevelopment Agency hold its annual elections to select a new chairman and vice chairman. The Bayshore/Gateway Triangle Advisory Board recommends that Commissioner Donna Fiala be nominated as Chair of the CRA Board. PREPARED~.. . .. -Ð" . D. AARON BLAI URBAN DESIGN PLANNER COMPREHENSIVE PLANNING DEPARTMENT $~~ DATE { REVIEWED BY: B~ CHAIRMAN BA YSHORE/GA TEWA Y TRIANGLE ADVISORY BOARD JMi DATE -1- COMMUNITY REDEVELOPMENT AGENCY EXECUTIVE SUMMARY eRA AGENDA ITEM 4A March 12, 2004 TO APPROVE AND EXECUTE THE SITE IMPROVEMENT AND IMPACT FEE ASSISTANCE GRANT AGREEMENTS BETWEEN THE COMMUNITY REDEVELOPMENT AGENCY AND GRANT APPLICANTS WITHIN THE BAYSHORElGATEWAY TRIANGLE REDEVELOPMENT AREA. OBJECTIVE: To approve and execute the Site Improvement and Impact Fee Assistance Grant agreements between the Community Redevelopment Agency and grant applicants within the Bayshore/Gateway Triangle Redevelopment Area. CONSIDERATIONS: On April 30, 2002 the Community Redevelopment Agency approved the creation of Site Improvement and Impact Fee Assistance Grant programs for the Bayshore/Gateway Triangle Redevelopment Area. The purpose of these grants is to revitalize the area by providing a matching grant that will encourage the private sector to invest in the area. The grants require at least a 50% match from the applicant and will be funded by tax increment funds. I I \ The Bayshore/Gateway Triangle Local Advisory Board approved the following Site Improvement Projects from the following applicants: 1. Mitzie Sheehan - Residential Rehabs (3), Total Grant Amount $11000 2. Spuds-n-Suds - Commercial Rehab, Total Grant Amount $6600 3. Laura Brownfield - Residential Rehab, Total Grant Amount $6600 4. Karen Beatty - Residential Rehab, Total Grant Amount $6600 5. Marco Office Supply - Commercial Rehab, Total Grant Amount $6600 6. Peter Canalia - Mixed-Use Rehab, Total Grant Amount $6600 Total Site Improvement Grant money awarded this cycle: $44,000. The Bayshore/Gateway Triangle Local Advisory Board approved the following Impact Fee Assistance Projects from the following applicant: 1. CVS Pharmacy-New Project, Total Grant Amount $24,000 Total Impact Fee Assistance Grant money awarded this cycle: $24,000. FUND 187 FISCAL IMPACT: The Site Improvement Grant may provide up to 50% of the cost of improvements, up to a maximum grant amount of $8,000. A maximum of $44,000 will be funded for the approved Site Improvement Grant projects. The Impact Fee Assistance Grant may provide up to 50% of the total impact fees for a project However, the amount is constrained by the total funding available, $24,000. All funds were properly budgeted at the November 14, 2003 CRA Board Meeting. ADVISORY BOARD RECOMMENDATION: To approve and execute the Site Improvement and Impact Fee Assistance Grant agreements between the Community Redevelopment Agency and grant applicants within the Bayshore/Gateway Triangle Redevelopment Area. -1- ,. 4 A PREPARED BY: 1\,~ ~:\ .JÂÁRON~ . -.:- URBAN DESIGN PLANNER COMPREHENSIVE PLANNING DEPARTMENT '3[7/,'1 DA E REVIEWED BY: &II BILL NEAL CHAIRMAN BA YSHORElGA TEWA Y TRIANGLE CRA ADVISORY BOARD ~ )fJ {~ DATE _'ì_ 4A GRANT AGREEMENT BETWEEN CRAAND OWNER FOR SITE IMPROVEMENT FOR BA YSHORE/GA TEW A Y TRIANGLE REDEVELOPMENT AREA THIS AGREEMENT ENTERED this I Z-- day of I\À Q .-c1 ., , ~ by and between the Collier County Community Redevelopment Agency (hereinafter referred to as "CRA") and lllW,( .,h!(ÿ\AF\ (hereinafter collectively 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 ~OOO dollars; and WHEREAS, the CRA has determined that Owner meets the eligibility requirements and ~pproved for a gran! _!l:'tard in the amount of <0\000 dollars on /J..{rÝ\ {L..-- , ..Idlll:::+ ("CRA Approval"), which is JlL % of the costs to construct the site improvements. NOW, THEREFORE, in consideration of the mutual 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 llgrees 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 i qq.ß A 18 .5htd/~~WÞ1 Oyt. 3. Owner has agreed to make certain improvements to the property pursuant to the grant application submitted to the CRA dated NDv 5, ZOD? . (the "Site Improvements ") 4. Owner agrees to complete the construction of the Site Improvements within one (1) year of CRA Approval. Owner also agrees to fund at least 50% of the costs of the Site Improvements. 4A : \. ~~ 5. CRA has approved a grant to Owner in the amount of ~,"-O 0 to be administered pursuant to the terms of this Agreement based on an estimated cost of ~5/0ÐO 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 (1) year of CRA 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 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. 4A IN WITNESS WHEREOF, the parties have executed this Agreement on the date ,and year first written above. ( } Witness Signature ~I M6tá0~t; Printedffyped Name ...." " .. .... '\ ,,\, \ ... ' ,'.. I.~"'" \ " ,~" ,." I,! \"_ ;;¡ .''''-¡)'W;<~¢ t.¿.. .!O,~; , '- t -, or,,' l' \' ATI'1J.,Cl11"..~~~...... ("\',1f ~~\. ~. ,r.,!, 'f DYt~r I}; ;~ßÒèi}ict~rk !~: {;,::.;;. æ , - ~">~ . l{~_~\.;,O.¢Þ(ity:Clerk , <!;t~.....t.~~..t~.(~Jt1i1run . s $;tj,}J:t~e,,·oQl1. ':01 :..~ ' Approved as to fonn and legal sufficiency: JJ Patrick. . te Assistant County Attorney By: .'" ...-~,.. OWNER: Y1; h< <:-- Printedffyped Name C- J!~ COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY æ~~ J d4-~ DO A FIALA, Chairman By: Item# 1 ~. 4A GRANT AGREEMENT BETWEEN CRAAND OWNER FOR SITE IMPROVEMENT FOR BA YSHORE/GA TEW A Y TRIANGLE REDEVELOPMENT AREA THIS AGREEMENT ENTERED this ~ day of r1\ðl~ ' , 2«i by and between the Collier County Community Redevelopment Agency (hereinafter referred to as "CRA") and ú\ \ 16 (l. <þt-u::;<.. -:ú\v. (hereinafter collectively referred to as "Owner"). I 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 gDOD dollars; and WHEREAS, the CRA has determined that Owner meets the eligibility requirements and was a rov d :D r a graqJj ~ard in the amount of ~, Ip~ dollars on V , ~ ("CRA Approval"), which is % of the costs to construct the site improvements. NOW, THEREFORE, in consideration of the mutual 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 a.dvisor. Owner further acknowledges to the CRA that Owner understands and agrees to abide by all of the tenns and conditions of the Grant Program. Owne~~grees 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 '2 ~ 4 ..-~ \"'~.& 14~ 1. tÃ~-, 3. Owner has agreed to make certain improvements to the property pursuant to the grant application submitted to the CRA dated _t\Jo" "3 I ;2..t>OS . (the "Site Improvements ") 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. f 4 A ' , 5. CRA has approved a grant to Owner in the amount of (P, \c Dû to be administered pursuant ~o the terms of this Agreement based on an estimated cost of 3hÐ J 000 . If the actual costs are less than the estimated costs to construct the Site Improv~ments, the grånt 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 iinrnediate 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 applic'ation, 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 (1) year of CRA 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 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. ~ 4A IN WITNESS WHEREOF, the parties have executed this Agreement on the date ,and year first written above. (I) J! ~r- Witness Signature 8«t/¡tI[J pé¡)Z 0 Printedffyped Name (2) ~/ ~Î2= ~ Witnes Signature AI Drz-M-A-f2ltJ.~~ Printedffyped Name ,,', .......-. ...,,,,, \ \ \, ATTT"~:-~ .. ...;:'.q]~, \\q¡ J:l.;:) J f~·.;..!. ...( ..."'" DW.ïGB-'T:E. ·BRÖçK';(aér~ ,; ,;.;;~....... è;"::~~::-~~'~: · 't ...,;:>:~~ . i, ./ ..... ..,j; <$,>·~,t~h!q',,,,.~! ... ~}'\'I ,<' .<J~.,. f ,! \1.\";+ I :\""~;!'rM . ..2.1' " JI ....1 " 't'\... ,;A 14. ':" :;\\ > " ,,'" ~/) Ý ~r :~" :'?'~( "\,:. .~: t IlA-- ~~?"~>Ð ryA€lèrk i,", ~".. . ':~:J'~>,,//}~_~ \. '.~~~t.4.f.,·tÞ.~("tfrllðn· s ", 1$ ",.&~* l.r~' \ , :. " ,. ~ ~ ~~. '., . ".," .., Approved as to fonn and legal sufficiency: J) Patrick G. White Assistant County Attorney OWNER: By: Ó/)~ pt"IJ~ ~~D PrintedffypJi Name - COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY By: Dolf~ c¿~ Item # ~ f} ~~~enda 3 -I 'J. ~ 2. ðð y ~:~7d ~1 (i dtt~ uty Clerk 4A GRANT AGREEMENT BETWEEN CRA AND OWNER FOR SITE IMPROVEMENT FOR BA YSHORE/GA TEW A Y TRIANGLE REDEVELOPMENT AREA THIS AGREEMENT ENTERED this 12. day of rflß(¡;M ., M by and between the Collier County Community Redevelopment Agency (hereinafter referred to as "CRA") and ~'1etz ß LAÑALIA. (hereinafter collectively 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 ~/DOO dollars; and WHEREAS, the CRA has determined that Owner meets the eligibility requirements and ~ro:'Jed fr a gran~_~:rard in the amount of 1.ø,IoOO dollars on (C/Y\- V ,4 ("CRA Approval"), which is ~% of the costs to construct the site improvements. NOW, THEREFORE, in consideration of the mutual 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 'fÃ" and incorporated herein. 2. Owner is the record owner of property described as ~~10 futhøle. L. 3. Owner has agreed to make certain improvements to the property pursuant to the grant application submitted to the CRA dated ~DV. '3 ,21)0' . (the "Site Improvements ") 4. Owner agrees to complete the construction of the Site Improvements within one (1) year of CRA Approval. Owner also agrees to fund at least 50% of the costs of the Site Improvements. 4A 5. CRA has approved a grant to Owner in the amount of ~ I ~ aD- to be administered pursuant to the terms of this Agreement based on an estimated cost of 11 ~ I COO 5. 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 (1) year of CRA 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 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. 4A IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year first written above. Witness Signature (1)~ f:;~ By: n~d {<::::. eo¥ ';;' It( , Printedffyped Name 1erEf 13. CAtJAU'A Printedffyped Name (2)~ ~' /'. . Witness Signature 5~tl~\Ct f(~t'f\L).~ Printedffyped Name ....."''''-.:......".," " "', \0, \, 'I ,~... 'r1A',-,,\,-,", . , ,_-- ,.,...~,,,. J)'¡';'f"'~'l¡ " AT~~";i'~ d""""'-9 C:i<;.. " I.D..B"J."I o»C r..@. . DWI~i~~·.f~~:~fl\ .! { Ù~~O~S\l:~.f;:·:'~ ) ~:,I .:.;;.. t~ .".. ";~;; ~,D¿Þ4~;C1erk ,,¡ ,.'''",'.''.' ,~~p~:~»): ".' :, :, . ì L. COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY By: DoLc~ Approved as to fonn and legal sufficiency: 'Y~~~JJ Patrick G. White Assistant County Attorney Item # ~[0- _ __,.~_______.."m'._.·_,.._ 4A GRANT AGREEMENT BETWEENCRA AND OWNER FOR SITE IMPROVEMENT FOR BA YSHORElGA TEW A Y TRIANGLE I REDEVELOPMENT AREA THIS AGREEMENT ENTERED this lk day of ~((¡~. , dooL-l by and between the Collier County Community Redevelopment Agency (here1rmfter referred to as "CRA") and Kt4if¥1 ~A-1¡1'1 (hereinafter collectively 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 ~D() 0 dollars; and WHEREAS, the CRA has determined that Owner meets the eligibility requirements and was proved for a gr~t~ard in the amount of lP, ~DO dollars on , _~ ("CRA Approval"), which is .2L:L% of the costs to construct the site improvements. NOW, THEREFORE, in consideration of the mutual 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 "Ã" and incorporated herein. 2. Owner is the record owner of property described as ~,\., B~\N <>"1 3. Owner has agreed to make certain improvements to the l'roperty pursuant to the grant application submitted to the CRA dated ND\} '3 2.ðO-S . (the "Site Improvements ") 4. Owner agrees to complete the construction of the Site Improvements within one (1) year of CRA Approval. Owner also agrees to fund at least 50% of the costs of the Site Improvements. ,"'¡;"" 4A 5. CRA has approved a grant to Owner in the amount of ~ I l, 00 to be administered pursuant to the terms of this Agreement based on an estimated cost of· \i .; GOlf 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 aftér 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 (1) year of CRA 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 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. 4A IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year first written above. (1 ~~/ -SQ~Ov\ WQ \ \ ~ Printedffyped Name . , "\\, ',,' ~rJ(!) q \\ ~~...~i"'.c. Ci~ "i¡ ,.... . <) ... ~~" _ 1> t "t . , . ø. ·ii" t . ',') -. .:'<~- . ~"" f ftt" tB$t1i ,.': 'iÎ'~'~--'~',!\ I) (,,0 1- o,~ ,';'\f"f'· .,.....:.. It!,f"--? I "'j' _ <," ,~ ;1 ,:~:" .". .,;.v: I 'ÐW~"E;.·¡~~~:Çlerk :. ~: ~['_ \~~, ':' ,~~' r~ ,~~ ,~ ~. \. ~>y\ ·)\;\<$1:.·.·..'-:··. "-' . ~(;(, ' " ../,;--, ···~··~~,:'·.beputy Clerk ,~ '¡ ) {~' t~ .,,' .' ~ ; Approved as to fonn and legal sufficiency: ~~~~ Patrick G. White Assistant County Attorney )iC OWNER: , By:~J(~~ _-Kð.V'''''' L. B¿oc-tfl Printedffyped Name COLLIER COUNTY COMMUNITY REDEVELOP ENTAGENCY I / - ~~d~ DO NA FIALA, Chairman By: Item# ~ COMMUNITY REDEVELOPMENT AGENCY EXECUTIVE SUMMARY CRA AGENDA ITEM SA MARCH 12, 2004 TO APPROVE THE CREATION OF A POSITION AND THE APPOINTMENT OF AN EXECUTIVE DIRECTOR TO CONDUCT THE BUSINESS OF THE BAYSHORE/GATEWAY TRIANGLE REDEVELOPMENT AREA, THE PREPARATION AND IMPLEMENTATION OF REDEVELOPMENT PLANNING PROJECTS AND INITIATIVES OF THE BAYSHORE/GATEWAY CRA DISTRICT, AND AUTHORIZE AND APPROVE THE COUNTY ATTORNEY AND STAFF TO DRAFT ANY NECESSARY AGREEMENTS, ORDINANCES, RESOLUTION LANGUAGE, OR BUDGET AMENDMENTS. OBJECTIVE: To approve the creation of a position and the appointment of an Executive Director to conduct the business of the Bayshore/Gateway Triangle Redevelopment Area, the preparation and implementation of redevelopment planning projects and initiatives of the Bayshore/Gateway Triangle CRA District, and authorize and approve the County Attorney and Staff to draft any necessary agreements, ordinances, resolution language, or budget amendments. CONSIDERATIONS: On May 7, 2003 the Bayshore/Gateway Triangle Local Redevelopment Advisory Board recommended that the Community Redevelopment Agency (CRA) approve the creation of an Executive Director position to manage the business of the Bayshore/Gateway Triangle Redevelopment Area. At the June 13, 2003 CRA Board Meeting the agenda item that set forth the Bayshore/Gateway Triangle Executive Director position was given verbal support by the CRA Board. The CRA Board authorized staff and the advisory board to bring the item back with all the details of the position delineated with specificity. The CRA Board made it clear that this was a policy matter of CRA, and that the idea of the Bayshore/Gateway Triangle Redevelopment Area funding their own Executive Director was acceptable based on the presentation provided by the Advisory Board. On November 4, 2003, the Bayshore/Gateway Triangle Local Redevelopment Advisory Board met in regular session. The Board unanimously approved the concept of creating the position of Executive Director. The position will report directly to the Community Redevelopment Agency (CRA). The Bayshore/Gateway Triangle Executive Director will have a salary range of $60,000-$100,000. This individual will direct the daily operations of the Bayshore/Gateway Triangle Redevelopment Area. Some of the responsibilities of the position would include the following; · The development of an annual business plan, budget, and report. · The creation of redevelopment plans. · The coordination of amendments to the Land Development Code necessary to implement such plans. · The writing and administration of grants, executive summaries, and budget amendments. · The scheduling and organization of all meetings pertaining to the Bayshore/Gateway Triangle Redevelopment Area. FUND 187 FISCAL IMPACT: The direction of the Bayshore/Gateway Triangle Redevelopment Area Advisory Board is to appropriate approximately $130,000 of accrued tax increment revenue from the Bayshore/Gateway Triangle Redevelopment Trust Fund (Fund 187) for funding of this position and all associated costs (See Attachment A). Currently the Bayshore/Gateway Triangle CRA expends $85,000 per year towards an Urban Design Planner and Planning Technician within the Comprehensive Planning Department. When the Executive Director position is filled the CRA will terminate this funding. ADVISORY BOARD RECOMMENDATION: To approve the creation of a position and the appointment of an Executive Director to conduct the business of the Bayshore/Gateway Triangle Redevelopment Area, the preparation and implementation of redevelopment planning projects and initiatives of the Bayshore/Gateway Triangle CRA District, and authorize and approve the County Attorney and Staff to draft any necessary agreements, ordinances, resolution language, or budget amendments. p ~,(> ":>--~ D. AARON BLAI URBAN DESIGN PLANNER COMPREHENSIVE PLANNING DEPARTMENT REVIEWED BY: ¡jd/ BILL NEAL CHAIRMAN BA YSHORE/GA TEWA Y TRIANGLE CRA ADVISORY BOARD ~}6IÞL.\ DATE COMMUNITY REDEVELOPMENT AGENCY EXECUTIVE SUMMARY CRA AGENDA ITEM 58 MARCH 12, 2004 APPROVE AND EXECUTE THE LEASE AGREEMENT WITH MICHAEL VALENTINE PROPERTIES FOR THE LEASE OF OFFICE SPACE FOR THE BAYSHORE/GATEWAY TRIANGLE REDEVELOPMENT AREA EXECUTIVE DIRECTOR. OBJECTIVE: To approve and execute the lease agreement with Michael Valentine Properties for the lease of office space for the Bayshore/Gateway Triangle Redevelopment Area Executive Director, authorize the County Attorney and Staff to draft any necessary agreements, ordinances, resolution language, and approve any necessary budget amendments. CONSIDERATIONS: The Bayshore/Gateway Triangle Executive Director Subcommittee met on February 19, 2004 to review a list of possible office space locations for the Bayshore/Gateway Triangle Redevelopment Area Executive Manager. The Subcommittee made a unanimous decision to recommend the space located at 2408 Linwood Avenue to the Bayshore/Gateway Triangle Advisory Board as their selection for the position. On March 2, 2004, the Bayshore/Gateway Triangle Local Redevelopment Advisory Board met in regular session. The Board unanimously approved the subcommittee's recommendation to recommend to the CRA Board the space located at 2408 Linwood Avenue. FUND 187 FISCAL IMPACT: The direction of the Bayshore/Gateway Triangle Redevelopment Area Advisory Board is to appropriate approximately $3,100 to be used for the first months rent, last months rent, and security deposit to execute the lease agreement. Approximately $12,500 of accrued tax increment revenue from the Bayshore/Gateway Triangle Redevelopment Trust Fund (Fund 187) will be budgeted for the lease of this space annually (See exhibit A). ADVISORY BOARD RECOMMENDATION: To approve and execute the lease agreement with Michael Valentine Properties for the lease of office space for the Bayshore/Gateway Triangle Redevelopment Area Executive Director, authorize the County Attorney and Staff to draft any necessary agreements, ordinances, resolution language, and approve any necessary budget amendments. PREPARED BY: D. AAR N BLAIR URBAN DESIGN PL NNER COMPREHENSIVE PLANNING DEPARTMENT REVIEWED BY: 5// BILL NEAL CHAIRMAN BA YSHORE/GA TEWA Y TRIANGLE CRA ADVISORY BOARD 6{5/U1 DATE -1- --, -- ., --~ . - .- . ~--_. - . .- --. " .-- ~. .--. .. -. .- . . ~-- -- LEASE AGREEMENT 11IIS LEASE, made Ibi, .} 'ST" day of ~~ . 2004 by and bet1¥eeD ~ " V!.Lf:NTINE PROPpltTlES. hereinafter caI.kd the LANJ)LOIU> aDd CD~itr ~.t Þs",.-,lC. eA. horeiøaft.or gaUcd the TEN~. WITNESSETH: That die iANDLORD 1caeea to the TENANT. aød 1hc TENANT lauœ ~ the LANDLORD, for' a uon of I «($C) YEAR, the premiteI dacribed. to wit.: . lOéated ~"" s .....,~ , I at !l.c.+ot LùMDod ~ Nap", 34 tt2. TIle abCM: dtiøcribed prcøiIes to be ùecd as OFf\£.£ l.eue bePnil1J œ the 1st day c.JÍ J."-A~'" . 2004 tbru M~'" ¡(,J@¡ÖJ w ~ ~ 5~ Q.""""''''~ ~\M:."""~'-')II!:." ,. Tbe moatbly reøtaI for dIe.term oftbi,1eatc tór the above ctelcribodpremilet to be ~ j>lus aalestu of' ~~.OO. fora tôta1 ofS ~~ ,00 . CAMS '15. GO .-month payaõle on OJ befòr1: thefimtdày of eadrmœdl: Saichum 10 œ paid'm _1.;ANDLOlUhtsuclrp~ u LANDLORD inlaY cIircct. Tbe first aød 12th months renIa1 payable in advaaoco. :Rcc:eipt ii hìIroI'ÞY admowIecr,.:.Jtõr rat mœtfd reat $ 10 Z3.. 11ïc Rcc:eipt ii ~ aclmowJ. tòr ICICUriIy deposit $ 'Ð1.3 . THE PARTIES 'n:JM'IBtlt ÅGHR:- 1. UIlL1TY CHARGES: Blcctriç aDd tdepbcø acniœs to be the reapoasiblit)' of the TENANT, Waœr, Iewer aDdJarb8se c:oIICctióo to tJe paidfõi' by rJie TEN"ANTu LANDt.OItItP~ the bill moøthIy. (Dumpøter to be uøed for trash geocrated QD pnmålCl8 ODly.) . z: ttEP'AIkS' AND MAJNTE1'fA:MCE: kJt repairs aDd œquimhnaìøtàJanco fò dI& Údt;fior ~f1he pI'CIIIØ:B øbaIl be the rapaDJÌbWty of the TENANT. TENANT IIfØ'CICI to lr.eIp aad maÎQtIÍ111be íideriàr of't&e pIanÏ.o. in as goocfcOaditfoa as at die time of"~ ofthil ~m .(~ woar IIôd tear cx.ceptIOd.). aDd to be teIpOGIible b me repair and mai~ Of all baitiDí aød aìr~ equipment, p~ elec:Qicl1 equipmentøud:'élecCriCal wiridg. ~ cquipmeat ~ to be ~ in aood woriåo8 cœditiOl1 durioø tho tam of8aål kJf;;:--'- 3. LIABItITY:LANDLORD AND"TENANT'œvœaøt aod'ape dIàt the lA1'Q)LO'ItIT~1 DOt be liable to,œ TENANT, nor to BDY perIOD wbœ1soever. bID)' injwy, IOta or ct.maac to any penœ or property in or upon .pmol8es tcueðàDd'~, or upon ~ øid8walb and"SU-š ~ Cbcn;to. aød TENANT a&IWPGtJ allliabllity for aad OÐ açc:.ouøt of any such iojury,1ou or 4ainqe, uadwilt 8t aJJ1imeI iD&møifý u4IaVC Banubl aaicn.A1"Dt.ORI),~ ud'1IjpÌDIt ~ility, .damIp and eçc:nee c:auICd by IfOWÌØ8 cut of any injury, 1088 or dama&o to perIOD8 or prcpc:rty upon tbiD prc:.uDaes btreby ~. œ upoD 1be Iidewa1kš CXJIIÒ,8UOU IbeIdo dUring die ~ tbis LBASH.', 4. INSURANCE: TENANTJieiroby repre8enÙ tfaat it is øeJf'..inaue(hod that ¡niÌII the ~rW.1 ability pracptly. and duriDa !be entire 1enn oftbis Lase Agreemcu!, 110 prcMde the mioimum ìnaurance~. aud to providlSLAtft)t.'ðIUhmhCeitiftl. -I"I~ of"ÏÞ81Irucc in -1IDD'ØfIB of $300,00.00 fur bodiJy qury liability and $100.000.00 fòr property damage liability. aDd øòt tea than $'100,00<J.00 fòÌ" empJoya-'âliåliì1iiY. . -,-"~.,>,..--,",._-,,._- -.- ----.- . ._ _. .. .__ _. T__" ... T..... 1,....,_.... '-""-" 5. TERMINATION BECAUSE OF DEFAULT: After ocçupancy of this LeaK has begun, if 'T"ENANT fails to comply with any of the terms of tbis LEASE, and if such detwh ~ withoul reuonab1e justiñcation for one (1) mooth after notice fA:) cure the default, EXCEPt that onJy 8C\IeI1 (7)shaß be required'if'tlae defài:aR cooøists of1ã.aTure to pay rent wilen due. tIicn ~ (1) month after DOtice, or eevcn (7) days in the case of rent defult, the LANDLORD Ihall have the optiòn of dCclàrìDg t.Iùs LEASE termìnared' and sba1tœ ~IO have imrneð'SI.~ possession thereof: wítb out forfeitiog wbatÞver fUrther right LANDLORD may bavo to damaaea fur breaeh of LEASE. Notìçc provided fur in thÎs paragraph sJ)a1t be pea &y Certified Md, retum ~ requested, and shall begin to run œ the date delivered., or the attempted to deliTered, if delivery is refùseð.· No usenI, cxpressector implied, by1be tANDt6M)-ttJ my bread1 otany ~ covenants QOIIItained bcrein shall be deemed to be a watver of any auocc:cdåna bmu:h of the same, or any other, covenant cont.aãÐcãlierein. 6. DESTRUCTION OF PREMISES: This LEASE wi111emUnate at the option of eimcr LANDLOIIDot TENANT~ ìtdle praniaes are dtstroycd ~;o'II-- attire, risÍI1g water, ~ or other casualty. In case the BuiJding on the premillCS shall be dama8ed by fue or ocber cuúa1ty 80 as to be unfit tòÌ' use and œc::upancy. ifpolíçyor policies oíuwuranc;¡e on the premiSe &ave hem made inefteçtive. or payment of insurance monies refused in cœsequcnœ of some. act or default of TENANT, the rent sbalt nOt ~ wbite said pren:úses are ~ing repaired aM I'eIJ1Dmt by LANDLORD, if LANDLORD should elect to repair or rcstoI'e the prernileS: but thcrIc 8ba1l be no obligation ofLANDLORD'to ret)uiVtlie 6wTdíng or premises under sucb c~. notwithstand.ins that rent shall not abate. '1, 'INSncnoN DURING oeCtJP"A:MCY: TENANT shalt aJknv l.ANDLOItD'or any ~ of LANDLORD, duly authorized in writing. to enter upon the pn:miscs for the puIpOSC8 of ., inapectiòo. at reasoDab1e times andðúriDs the Wt month oftrûs tEASE will permit tœ poøt4IJ of custonIaIy, "For 1lc:Dt" or "For Sale" sisns, and after ~le ootiœ, will permit LANDLORD or his aøentS to sftow the prcrnìses fA:) prospective tènants or purchasers. 8. ALTERATIONS AND FIXTURES: TENANT has DO authority to make MY a1tcratiooI to the prenùses, or to incur &DY debt, or marœ any changes apinst the LANDLORD to create any yen upon the 1eued property fur any work done or materials tumisbøl., wifhout the express CQPeDt of LANDLOItÐ'in' writing. Aùy tixtures inst.dIectby"l"fMANT sbaltbe at his aMI'~~ rø; then onJy with LANDLORD'S consc:nt in writiDa. and shall be affixed in sø a manner that 1beY will not dama,gc the buildJng~ and sñaJT 6eoome &. part oîtfie fNliding uøleIs otherwise ~~ writing. In die event any fixtures ..reed to be I'CII.1Oved. or OCher perliOØll property pf í\NT, LANDLOMhnay treat the same as abandD.nrd Metmay, at t.A1'fflLORD'S øptim;, ~¡e TENANT the cost 8dually paid for œmoval. or treat such fixture or persooal property as a aift to LANDLOItD and retain the saœc. Any an.cf aIf 1q)iÙi"S, albationl, additions or ünpro~ts, ahaU, in addition to the above, camply with all appliçab1e buildin8 codes and ordinJUlC'.e& CO\Ierins ~e. 9. Sl~ AND ~RIOR~.PREMJSI:.-S: TENANris not to suflër any bores to dii1\.cd or m&de m the ø1.CnOr oftbe buiJdib& nor any placard to be plaaxi on the outer wan. nor /lIlY sips to be on the premi.., except suœ 88 the LANDLORD idiaJt approve. and tbm ooly In 8ucli flaces and !O affuœd as LANDLORD, sha1I. prellCribe in writing, in addition, any signs or placatd8 must wmply with COunty BuiIcIinø RcgUlitions. -.-.----.- ,........"....,....-........--." ..,...... I P-'I.....u_ V "1' 10. ASSIGNMENT AND MITIGATION OF DAMAGES: TENANT sba1l not assign or sub-let the premises duñn¡ the tenn of1fù.s rease, without written conøeo1 ofLANDLOIID. 11. USE, QUIET, ENJOYMENT AND LOCAL LAWS: TENANT çOVCI,I8IÚS tbú be will use the premi!ICII ÌD compliaDœ with art laws andordinanœs applicable thereto, and i.n a I'IWU\er wtûcp. will DOt increase the fire ÍDSUrdœ rate applicable thereto, TENANT furlbet' ~ DOt to WJC the prcmieea in sucla a maaner u to disturb neighbon, and not to aÆ:C:UlDuIate) junk. traab, de¥s or any other matter or material around the exterior of the premises. LANDLORD ·oovcnants that TENANT, on complyina widrtœU!n'rlll'oftbis LEASE, anttJB}'ÌIWren£. øhaIt~ and quietly have, hold aød œjoy the premises fOr the full term of tbis LEASE. lI.Aut.N is: LANDLORD"may authorìz.c an agent to act in ms stead, by giVïDa sucli.. a written Power of Attm'ocy, gœcraI or special. to act in all mauen wiIbin t.bc pcview of this LEASE, upon fUmiabiog tÐt~ with a signed, notàrized copy at said Power of A1b.1""', 13 . ATTORNEY'S FEES: In the event LANDLORD must engage the serviçe of an auoroey for coUect:iœ of rart uoder terms ofthii Lease Agm:ment, or to eaúUrce any term. of1Iüs ~ ~IÇIJI., it is expressly contra.ctcd, ~ aod agreed by the betwccD LANDLORD and TENANT .battbear the cost of any suclr llerviœs, as wett as any court eosts wbidr rrai&ht\be incident to a suit brou¡ht for the purpose of enforcement of any or aU oftbc tenD! of1hìs Lease ~. 14. In the event that TENANT does not pay rent on due date, a Late Cbarøe orn.œper dã~ be asaeaed, at LANDLORD'S option. IN WTTNESS WHEllEOF, the parties herem have their bands and ieaI, this day of . ZOO4'. 15. TENANT i. allowed the ulC of a11ottod IIp8Ce in fenced an:a at ~ ofbuilding 8ubject to LANDLORD"S'pennisaiœ. LANDLORDaa.umes no responsibitíty for íc:oaDcraæa- TI'te ~øc of desipted øpaco is Dot part of tbis lease. 16. TENANT shall supply their ñie ex.t:i:òøuïsñcn aná have tftan maintaiDcd - iDIpedr:d ~ year, as required by Fire Manball. TENANT shall notify LANDLORD caclt )'œf wbcn iaspection is made, Cost ofñrc miDpisher andannuat mainteIwacc ancJinspcctiœ i. ~S relpooaibility . LESSEE LESSOR Y\~~~.V~ Micl\ad"('". Vafentine Prq>. WITNESS !6TV'rt- ~ ~ S.'8 ~ ~ 4-:S0&.:>q ~ . COMMUNITY REDEVELOPMENT AGENCY EXECUTIVE SUMMARY CRA AGENDA ITEM 5C MARCH 12, 2004 APPROVE AND EXECUTE THE BAYSHORE/GATEWAY TRIANGLE REDEVELOPMENT AREA EXECUTIVE DIRECTOR EMPLOYMENT AGREEMENT BETWEEN THE COMMUNITY REDEVELOPMENT AGENCY (CRA) AND D. AARON BLAIR. OBJECTIVE: To approve and execute the Bayshore/Gateway Triangle Redevelopment Area Executive Director employment agreement between the Community Redevelopment Agency (CRA) and D. Aaron Blair, and authorize and approve the County Attorney and Staff to draft any necessary agreements, ordinances, resolution language, or budget amendments. CONSIDERATIONS: The Bayshore/Gateway Triangle Executive Director Subcommittee met on February 18 and February 19, 2004 to interview a list of applicants for the Bayshore/Gateway Triangle Redevelopment Area Executive Manager. The Subcommittee made a unanimous decision to recommend D. Aaron Blair to the Bayshore/Gateway Triangle Advisory Board as their selection for the position. On March 2, 2004, the Bayshore/Gateway Triangle Local Redevelopment Advisory Board met in regular session. The Board unanimously approved the subcommittee's recommendation to recommend to the CRA Board that D. Aaron Blair be hired as Executive Director of the Bayshore/Gateway Triangle Redevelopment Area. FUND 187 FISCAL IMPACT: The direction of the Bayshore/Gateway Triangle Redevelopment Area Advisory Board is to appropriate approximately $130,000 of accrued tax increment revenue from the Bayshore/Gateway Triangle Redevelopment Trust Fund (Fund 187) for funding of this position and all associated costs (See Attachment A). Currently the Bayshore/Gateway Triangle CRA expends $85,000 per year towards an Urban Design Planner and Planning Technician within the Comprehensive Planning Department. When the Executive Director position is filled the CRA will terminate this funding. ADVISORY BOARD RECOMMENDATION: To approve and execute the Bayshore/Gateway Triangle Redevelopment Area Executive Director employment agreement between the Community Redevelopment Agency (CRA) and D. Aaron Blair, and authorize and approve the County Attorney and Staff to draft any necessary agreements, ordinances, resolution language, or budget amendments. ;î:?'JÞ YL~ URBAN DESIGN PLANNER COMPREHENSIVE PLANNING DEPARTMENT I ! I /i :< Ii I, ! ./) iv ,¡¡..,ŸJ DATB i' REVIEWED BY: ;J;/j BILL NEAL CHAIRMAN BA YSHORE/GA TEWA Y TRIANGLE CRA ADVISORY BOARD ?J51 D~ DATE EMPLOYMENT AGREEMENT BETWEEN D. AARON BLAIR AND THE BOARD OF THE COLLIER COUNTY COMMUNITY REDEVLOPMENT AGENCY THIS AGREEMENT is made and entered into this _ day of , 2004, by and between the Board of the Collier County Community Redevelopment Agency (the "CRA Board", and D. Aaron Blair. In consideration of the mutual covenants herein contained, the parties do agree as follows: 1. APPOINTMENT OF THE BA YSHORE/GA TEW A Y TRIANGLE REDEVELOPMENT AREA EXECUTIVE DIRECTOR: Pursuant to an action taken by the CRA Board at its March 12, 2004 meeting, D. Aaron Blair ("Director") was selected to be the Executive Director of the Bayshore/Gateway Triangle Redevelopment Area ("CRA"), beginning April 5, 2004. 2. DUTIES: The Director shall perform the functions and duties typical of a person in the position of a Director of a Community Redevelopment Agency. a. Director shall act as the Chief Administrative Officer of the CRA, reporting to and responsible to the CRA Board and be responsible for the day-to-day implementation of CRA programs and activities including CRA staff selection and supervision. b. Director shall devote full time efforts to the CRA and its mission. c. Director shall perform such other associated and legally required duties and functions, as the CRA Board and CRA Advisory Board shall direct. d. Director agrees to perform all such functions and duties, faithfully, competently, professionally and promptly to the best of Director's ability. 3. RESIGNATION: In the event Director voluntarily resigns his posItIOn with the CRA Board, then Director shall give the CRA Board thirty (30) days written notice in advance, unless the parties agree to waive such notice requirement. 4. SEVERNACE TERMS AND CONDITIONS: In the event Director is terminated by CRA Board without cause, CRA Board agrees to pay Director an amount equal to six (6) months of Director's base salary. 5. ANNUAL BASE SALARY: Director shall be paid for his services rendered pursuant hereto at the rate of Sixty Thousand Dollars ($60,000) per year, payable in bi-weekly installments on the same dates as professional employees of Collier County Government are paid. 6. PERFORMANCE EY ALUATION: The CRA Board agrees to review and evaluate the performance of the Director quarterly within the first year of service. After one year of employment the CRA Board agrees to review and evaluate the performance of the Director on an annual basis prior to the CRA budget adoption. CRA Board shall provide Director with a written summary statement of the findings of the Board and provide adequate opportunity for Director to discuss his evaluation with the CRA Board. Based upon said review and performance evaluation, Director's annual base salary may be adjusted in an amendment to this agreement approved by the CRA Board and Director. 7. BENEFIT PACKAGE: CRA Board agrees to provide comprehensive benefit package for Director equal to that which is currently provided to . professional personnel of Collier County Government. 8. SICK VACATION, PERSONAL AND HOLIDAY LEA VB: DireCtor shall accrue sick, vacation, personal and holiday leave at the same frequency and with the same carryover and other limitations, if any, as currently provided to professional personnel under Collier County Government's Pay Plan. Director will receive a payout for all accrued but unused sick, vacation, personal, and holiday leave at the termination of employment. 9. DUES AND SUBSCRIPTIONS: CRA Board agrees to pay for the reasonable and customary professional dues and subscriptions of Director necessary for his continued professional participation, growth and advancement, including national and state professional organizations. 10. PROFESSIONAL DEVELOPMENT: CRA Board agrees to pay the reasonable and customary travel and subsistence expenses (in accordance with applicable Florida law), for Director and his staff's travel and attendance at any meetings and conferences, which the CRA Board shall approve. 11. AUTOMOBILE: Director shall receive an automobile mileage reimbursement of $0.38 a mile, payable at the end of each month. 12. GENERAL PROVISIONS: a. The provIsIons of this Agreement constitute the entire understanding between the parties. Only the representations and understandings contained herein shall be binding upon the CRA Board and the Director. No other representations or understandings are binding on the CRA Board and the Director unless contained in a subsequent, duly adopted and executed written Amendment to this Agreement. b. This Agreement shall be construed and administered in accordance with Florida and any other applicable law. 13, SEVERABILITY: Should any provision of the Agreement be declared by a court of competent jurisdiction to be invalid, the same shall not effect the validity of the Agreement as a whole, or any part thereof, other than the part declared to be valid. 14. EFFECTIVE DATE OF THIS AGREEMENT: This Agreement shall become effective upon execution. IN WITNESS WHEREOF, the Collier County Community Redevelopment Agency, County of Collier, State of Florida, has cause this Agreement to be signed and executed on its behalf by its Chair, and duly attested to by its Clerk and approved as to form and legal sufficiency by the CRA Board General Counsel, and the Director has signed and executed this Agreement, that day and year first written. COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY BY: FRED W. COYLE, CHAIR ATTEST: DWIGHT E. BROCK, CLERK AGREED TO AND ACCEPTED FOR THE DIRECTOR , Deputy Clerk BY: D. Aaron Blair Approved as to form and Legal sufficiency: PATRICK G. WHITE ASSISTANT COUNTY ATTORNEY EXHIBIT A Budget for Personnel. Operating. and Capital Expenses Relating to BayshorelGateway Triangle CRA Executive Director-FUND 187 IBy Position B....kdown of BaYlbore/Gateway TrianRle CRA Executive Director Position Current Fund Entitv Title FTE Salarv Soc.Sec. Retirement Health Life WC 187 Bayshore/Gateway Triangle CRA Executive Director 1.00 $60,000 $4,590 $5,568 $9,379 $285 $1,500 Totals: 1.00 $60,000 $4,590 $5,568 $9,379 $285 $1,500 Budaet Items Personal Services Q!!i Title Bude:et Amount 512100 REGULAR SALARIES $60,000 513100 OTHER SALARIES AND WAGES $0 514100 OVERTIME $0 518100 TERMINATION PAY $0 519100 RESERVE FOR SALARY ADJUSTMENT $0 521100 SOCIAL SECURITY MATCHING $4,590 522100 RETIREMENT - REGULAR $5,568 523150 HEALTH INSURANCE $9,379 523160 LIFE INSURANCE $285 524100 WORKER'S COMPENSATION - REGULAR $1,500 Total Personal Services $81,322 Openting Expenses Q!!i Title Bude:et Amount 640300 OUT OF COUNTY TRAVEL -PROFESSIONAL DEVEU $6,000 travel including mileage, hotels 640200 TRAVEL $2,500 .38 per mile- Personal car usage allowance 641700 CELLULAR TELEPHONE $1,200 I cell phone for Ex Dir 651950 MINOR DATA PROCESSING EQUIPMENT $1,000 Cable & DSL Computer Connection 641900 TELEPHONE SYSTEM $1,000 phone, setup and support 643100 ELECTRICITY $2,000 643400 WATER & SEWER $500 641950 POSTAGE, FREIGHT & UPS $1,000 shipping 641950 RENT & CAM -OFFICE $12,300 Executive Manager, Future Support, Conference Room 645100 INSURANCE-GENERAL $2,000 liability insurance 646710 OFFICE EQUIPMENT R&M $200 office equipment maint contracts 646910 DATA PROCESSING EQUIPMENT R&M $200 computer and tech equip maint contracts 647110 PRINTING & OR BINDING - OUTSIDE VENDORS $500 printing 651110 OFFICE SUPPLIES - GENERAL $3,000 paper, toner, general supplies 651210 COPYING CHARGES $1,000 outside larger scale production copying 651910 MINOR OFFICE EQUIPMENT $2,000 minor equipment 652920 COMPUTER SOFTWARE $1,000 minor software 652990 OTHER OPERATING SUPPLIES $5,000 Total Ooeratinl! Exoenses $42,400 Capital Expenses Q!!i Title Bude:et Amount 764360 OFFICE EQUIPMENT $1,000 digital camera, fax, copy machine, etc 764900 DATA PROCESSING EQUIPMENT $1,000 I Computer - Dell OFFICE SIGNAGE $1,000 ftont window and door Total Capital Expenses $3,000 ~CO!lt Center Total S 126,7221