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Agenda 05/13/2014 Item #16B1 5/13/2014 16.B.1. EXECUTIVE SUMMARY Request that the Collier County Board of County Commissioners (BCC) acting in its capacity as the Collier County Community Redevelopment Agency (CRA) approve a second 180-day extension to the previously approved grant agreement between the CRA and Paralegal & Notary Multi Services, Inc. for the reimbursement of $20,000 in facade improvement expenses as administered under the Immokalee CRA Commercial Facade Improvement Program. OBJECTIVE: To receive CRA approval of a second 180-day extension to the previously approved grant agreement between the CRA and Paralegal & Notary Multi Services, Inc. for the reimbursement of $20,000 in facade improvement expenses as administered under the Immokalee CRA Commercial Facade Improvement Program. CONSIDERATIONS: On September 11, 2012, Agenda Item 16B4, the BCC approved a grant application and related grant agreement between the CRA and Paralegal &Notary Multi Services, Inc. for the reimbursement of $20,000 in facade improvement expenses as administered under the Immokalee CRA Commercial Facade Improvement Grant Program. Page two, paragraph seven of the approved standard grant agreement stipulates that "If the GRANTEE fails to make the improvements pursuant to the terms of this agreement, including construction start within 90 days of execution of the grant agreement and completion within 12 months of execution of the grant agreement, the award shall be deemed revoked and GRANTEE shall be entitled no funding". Given the 12 month performance period established by the grant agreement, the construction completion deadline was initially set a t September 1 1, 2013. However, on September 10, 2013 (agenda item #16B3), the BCC, acting as the CRA Board, approved the local CRA Advisory Boards recommendation of a 180- day extension to this performance period, making the new deadline March 11, 2014. On February 19, 2014, the owner of Paralegal & Notary Multi Services, Inc. again addressed the CRA Advisory Board requesting a second 180-day extension to this grant agreement provision which would further extend his grant performance period deadline from March 11, 2014 to September 11, 2014. The reasons for this request are the untimely passing of his engineer, and difficulties with the County permitting process. FISCAL IMPACT: The Iimokalee CRA fund 186 has sufficient budget in place for the payout of the grant under discussion. CONSISTENCY WITH GROWTH MANAGEMENT PLAN: The Immokalee Commercial Facade Grant Program furthers the programs and projects within the budgetary and policy guidance and directives of the Community Redevelopment Agency and the Board of County Commissioners in furtherance of Policy 4.2 of the Future Land Use Element of the Growth Management Plan which reads as follows: "****The Immokalee Area Master Plan addresses conservation, future land use, population, recreation, transportation, housing, and the local economy. Major purposes of the Master Plan are coordination of land uses and transportation planning, redevelopment or renewal of blighted areas, and the promotion of economic development." Packet Page-693- 5/13/2014 16.B.1 . LEGAL CONSIDERATIONS: The Commercial Facade Improvement Program Policies and Procedures expressly provides for the granting of extensions contingent upon the applicant's demonstrating just cause for such an extension. Accordingly, this item is approved as to form and legality, and requires majority vote for approval. —JAB ADVISORY BOARD RECOMMENDATION: During its regular February 19, 2014 meeting, the Immokalee Local Redevelopment Agency Advisory Board approved a motion recommending that the CRA Board approve a second 180-day extension to the previously approved grant agreement between the CRA and Paralegal & Notary Multi Services, Inc. for the reimbursement of $20,000 in facade improvement expenses as administered under the Immokalee CRA Commercial Facade Improvement Program. RECOMMENDATION: Recommend that the Collier County Board of County Commissioners (BCC) acting in its capacity as the Collier County Community Redevelopment Agency (CRA) approve a second 180-day extension to the previously approved grant agreement between the CRA and Paralegal &Notary Multi Services, Inc. for the reimbursement of$20,000 in facade improvement expenses as administered under the Immokalee CRA Commercial Facade Improvement Program and authorize a Budget Change Resolution to the Tentative FY 14 Budget to provide sufficient budget. PREPARED BY: Bradley Muckel, Interim Director Collier County Community Redevelopment Agency (CRA)—Immokalee Attachment: Recorded Grant Agreement Packet Page -694- 5/13/2014 16.B.1 . COLLIER COUNTY Board of County Commissioners Item Number: 16.16.B.16.B.1. Item Summary: Request that the Collier County Board of County Commissioners (BCC) acting in its capacity as the Collier County Community Redevelopment Agency (CRA) approve a second 180-day extension to the previously approved grant agreement between the CRA and Paralegal & Notary Multi Services, Inc. for the reimbursement of$20,000 in facade improvement expenses as administered under the Immokalee CRA Commercial Facade Improvement Program. Meeting Date: 5/13/2014 Prepared By Name: MuckelBradley Title: Project Manager,Immokalee County Redevelopment Agency 4/28/2014 1:19:19 PM Submitted by Title: Project Manager,Immokalee County Redevelopment Agency Name: MuckelBradley 4/28/2014 1:19:20 PM Approved By Name: BelpedioJennifer Title: Assistant County Attorney, CAO General Services Date: 4/29/2014 3:33:32 PM Name: KlatzkowJeff Title: County Attorney, Date: 4/29/2014 4:10:09 PM Name: StanleyTherese Title: Management/Budget Analyst, Senior, Grants Management Office Date: 4/30/2014 9:17:16 AM Packet Page-695- 5/13/2014 16.B.1. Name: FinnEd Title:Management/Budget Analyst, Senior,Transportation Engineering&Construction Management Date: 5/2/2014 4:46:17 PM Name: OchsLeo Title: County Manager, County Managers Office Date: 5/5/2014 12:17:07 PM Packet Page -696- 5/13/2014 16.B.1 . COMMERCIAL FACADE IMPROVEMENT PROGRAM RECIPIENT AGREEMENT THIS AGREEMENT ENTERED this 11th day of September, 2012 by and between the Collier County Community Redevelopment Agency(CRA) (Immokalee) (hereinafter referred to as GRANT) and Paralegal & Notary Multi Services. LLC (company) (hereinafter referred to as WITNESSETH: WHEREAS, in Collier County Ordinance No. 2002-38, as amended July 22, 2008, by Ordinance 2008-40, the Board of County Commissioners delegated authority to the CRA to award and administer CRA programs and awards including contracts with business GRANTEES within the boundaries of the Immokalee CRA for CRA grants; and WHEREAS, the CRA Commercial Facade Improvement Program (hereinafter referred to as the Façade Program) aIIows for the use of CRA funds, in conjunction with private investments, for certain improvements to commercial structures located within the boundaries of the Immokalee CRA;and WHEREAS, the intent of the Facade Program is to increase commercial occupancy rates and property values within the CRA while revitalizing the overall appearance of the Immokalee Area; and WHEREAS, GRANTEE has applied for a façade grant in the amount of$20,000 dollars; and WHEREAS, the CRA has determined that GRANTEE meets the eligibility requirements and was approved for a Façade Program award in the amount of$20,000 dollars on 9/11/12, ("CRA Approval"). NOW, THEREFORE, in consideration of the mutual covenants contained herein and other valuable consideration, the parties agree as follows: 1. GRANTEE acknowledges to the CRA that GRANTEE has received a copy of the Façade Program, that GRANTEE has read the Façade Program Policies and Procedures document, and that GRANTEE has had ample opportunity to discuss the Façade Program with GRANTEE'S counsel or advisor. GRANTEE further acknowledges to the CRA that GRANTEE understands and agrees to abide by all of the terms and conditions of the Façade Program. GRANTEE agrees to the terms and conditions of the Façade Program attached hereto as Exhibit A and incorporated herein by reference. •2. GRANTEE is the record owner of property described as: Folio#00076600007(32 46 29 210FT X 210FT IN SE COR OF N1/2 OF NE1/4 OF SEI/4) Packet Page -697-.. 5/13/2014 16.B.1. 4 3. GRANTEE has agreed to make certain improvements to the property pursuant to the Facade Program application submitted to the CRA dated 8/16/12 attached hereto as Exhibit B and incorporated herein by reference. 4. CRA has approved an award to GRANTEE in the amount of $20.000 to be administered pursuant to the terms of this Agreement based on an estimated cost of$41,800. 5. Unless prior disclosure is included in the grant application, no GRANTEE,or any immediate relative of GRANTEE, shall serve as a contractor or subcontractor for the construction of the improvements and no GRANTEE or any immediate relative of GRANTEE, shall receive compensation for labor for the construction of the improvements. An immediate relative of GRANTEE shall include mother, father, brother, sister, aunt, uncle and cousin or family member by marriage to include mother-in-law,father-in-Iaw,brother-in-law and sister-in- law. GRANTEE has verified that all contractors who have provided bids for the approved work are actively licensed by Collier County and GRANTEE agrees that all labor will be performed only by the lowest bidding contractor. 6. GRANTEE agrees to obtain all necessary permits and submit any required plans to the Collier County Community Development and Environmental Services Division. Upon completion of the work, GRANTEE shall submit a closeout package to the CRA which will include all applicable (electrical, structural, fire, plumbing, etc.) final inspection verification from Collier County Building Inspection Division. The CRA, through its staff, shall confirm that the improvements were constructed pursuant to the terms of this agreement approved by the CRA and shall create a final report to include digital color photographs of the project before and after completion. 7. Within forty-five (45) days after confirmation that the improvements were constructed pursuant to the terms of the approved application, GRANTEE shall be issued a check in the amount of the award. However, if GRANTEE fails to make the improvements pursuant to the terms of this agreement, including construction start within 90 days of execution of the grant agreement and completion within 12 months of the execution of the grant agreement, the award shall be deemed revoked and GRANTEE shall be entitled to no funding. 8. This Agreement shall be governed and construed pursuant to the laws of the State of Florida. 9. This Agreement, along with its incorporated attachments, 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. 10. This Agreement is personal to GRANTEE, and may not be assigned or transferred by GRANTEE or to GRANTEE'S respective heirs, personal representatives, successors or assigns without the prior written consent of the CRA. -2- Packet Page-698- . . 5/13/2014 16.B.1 . • 40 411 IN WITNESS WHEREOF,the parties have executed this Agreement on the date and year first written above. GRANTEE(s): Or / (1) 4.... / Witnes-4 ignature By: 410-7/4/ifff eft4,fie,4 11.4acieJ J Printed/TypedName V (Year) 0. b 1 cXt dicint 0 v'-' / /7. Printed/Typed Name,Title and Co any . (2) *: .• --'2-t-- .., 2.-C., Witness Sit. ature / By: \i'c a • A • 1 . ' ' ' Printe• yped Name Printed/Typed Name ..ektrigOi ) COLLIER COUNTY COMMUNITY •..Js‘-DWIGHir '‘. I":)ROCK,Clerk REDEVELOPMENT AGENCY .. ... . .; _. - _• --. -4 -.. 7:7 By: • ,iiti,,it toratotrederiv Comm' loner Donna Fiala, Chair '''''•':,•itc)6*.tirt Appro -d as to i rm and legal s i leie A 1 —Ill County 1 ;ttii'y ' . This Ag •• •nt is to be signed and witnessed AFTER CRA staff has found the application to be complete. il -3- Packet Page-699-