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Backup Documents 01/12/2012 Item #13B 113B 1 MEMORANDUM Date: January 17, 2012 To: Jean Jourdan, Project Manager Bayshore Gateway Triangle CRA 4069 Bayshore Drive Naples, Florida 34112 From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Grant Agreement with the Fifth Third Bank Enterprise Investment Fund accepting an award for the Bayshore Gateway Triangle TIF Grant Program Attached is a copy of the document referenced above (Item #13B1) approved by the Board of County Commissioners on January 10, 2012. The Minutes and Record's Department will hold the second copy of the agreement in the Board's Official Records. If you have any questions, please contact me at 252 -8406. Thank you. BAYS H 0; ,I � ♦4 � j COMMUNITY REDEVELOPMENT AGENCY Memorandum To: Mr. Ian Mitchell From: Jean Jourdan (643 -1115) Date: 1/12/2012 ,SAN 1fj2 2012 Ti ow,j of County Co sionem Re: Request Jim Coletta's signature stamp on attached grant agreement Mr. Mitchell: Enclosed please find one (original) grant agreement and one copy of same agreement. This grant agreement was approved on January 10, 2012 on the BCC agenda, item 1381. To execute the grant agreement the CRA chairman's signature is required. Please accept this request to affix the signature of Commissioner Coletta's as CRA Chairman to the original AND copy of the enclosed grant agreement. Thank you. B. COMMUNITY REDEVELOPMENT AGENCY 1. Recommendation to approve and authorize the Community Redevelopment Agency Chairman to sign a Grant Agreement and associated forms between Fifth Third Bank Enterprise Investment Fund and the Bayshore Gateway Triangle Community Redevelopment Agency (CRA) to accept a grant award in the amount of $25.000: and authorize a budget amendment for grant revenues in the amount of $25 000 to be applied towards the CRA FY -2012 TIF grant program. Jean I Pg. 669 -677 Ho�1B EW Y ANGLE I� +��I�, ♦` J COMMUNITY REDE Memorandum for Clerk of Courts To: Clerk of Courts From: Jean Jourdan Date: 01/12/2012 Re: Attestation of Grant Agreement Enclosed please find a (original) grant agreement and one copy of same agreement for acceptance of a grant award from Fifth Third Bank to the CRA . Acceptance of the grant award was approved on January 10, 2012 on the BCC agenda, item 1381. The original agreement is for your records and the copy is for my records — please sign and attest BOTH agreements and call me for pick up at 643 -1115. There is no need for your office to make any additional copies. The Bayshore Gateway Triangle CRA is always appreciative of the Clerk's office's generous support for the CRA. Thank you- B. COMMUNITY REDEVELOPMENT AGENCY Recommendation to approve and authorize the Community, Redevelopment Agency Chairman to sign a Grant Agreement and associated forms between Fifth Third Bank Enterprise Investment Fund and the Bayshore Gateway Triangle Community Redevelopment Agency (CRA) to accept a grant award in the amount of $25,000: and authorize a budget amendment for grant revenues in the amount of $25.000 to be applied towards the CRA FY -2012 TIF grant program. 1 Pg. 669 - 677 Geocoding System j MSA Code: 1 State Code: 12 County Code: 021 34940 Tract Income Level Moderate 13B 1 Tract Code: 0107.01 Tract j 4807 Population l FIFTH THIRD BANK CRA ENTERPRISE INVESTMENT FUND GRANT AGREEMENT This Grant Agreement (this "Agreement ") is made this 29 day of November, 2011, by and between the Fifth Third Bank (the "Grantor") and Bayshore Gateway Triangle Community Redevelopment Agency ( "Grantee "). WHEREAS, Fifth Third Bank Enterprise Investment Fund has awarded a grant to Grantee in the amount of $25,000.00 pursuant to Grantee's Grant Application dated October 10, 2011. As outlined in the Grant Application, the purpose of the grant is Bayshore Gateway Triangle TIF Grant Program. NOW THEREFORE, the parties agree as follows: 1. Use of Grant Funds A. Grant Purposes. Grantee shall use all grant funds only for the purposes described in the Grant Application and incorporated and made a part of this Agreement. Grantee must obtain written approval of the Fifth Third Bank prior to using any portion of the grant funds for any other purpose. Further, Grantee agrees to expend the grant funds in accordance with the budget submitted with the Grant Application. B. Grant Period. The Grant Period shall be for a term of one year(s). Grantee shall Complete the purposes of the grant by the end of the Grant Period. In the event that the grant purposes are not complete by the end of the Grant Period, Grantee should inform Fifth Third Bank in writing and request that the Grantor approve an extension in the Grant Period, C. Prohibited Uses. No portion of the grant funds shall be used to carry on propaganda or otherwise attempt to influence legislation, to influence the outcome of any public election, to carry on a voter registration drive, to make a grant that does not comply with Section 4945(d)(3) or (4) of the Internal Revenue Code (the "Code ") regarding grants to individuals for travel, study or similar purposes or grants requiring expenditure responsibility, or to finance any activity for any purpose other than community development purposes. II. Reporting and Record Keeping Requirements A. Record Keeping. Grantee shall maintain financial and other records that adequately show the use of the grant funds exclusively for the purposes of the grant. Grantee t CJ L1 13B 1 shall maintain such records for at least two (2) years after the end of the Grant Period. The Grantor shall have the right, upon reasonable notice, to audit at any time up to two (2) years after the end of the Grant Period, Grantee's records relating to the expenditure of grant funds. B. Written Reports. The Grantor requires written reports concerning the manner in which the grant funds were expended and the progress made in accomplishing the grant's purposes. Grantee shall promptly provide such reports to the Grantor on an annual basis during the Grant Period, with the first report due within one year from the date of the first grant payment. In addition, Grantee shall provide a final report to the Grantor within sixty (60) days after the end of the Grant Period concerning the accomplishment of the grant purposes and a final financial report detailing the expenditure of all grant funds. All reports required to be submitted by Grantee under this paragraph shall be in a format as provided by the Grantor. C. Notice Requirements. Grantee shall notify the Grantor immediately if there is a change in Grantee's tax - exempt status or if the proposed project is cancelled or delayed. Grantee will advise the Grantor immediately of any significant change in Grantee's governance, programs or services that may impact the grant project or any changes in any professional or key personnel identified in the Grant Application. Ill. Return of Grant Funds to the Grantor A. End of Grant Period. Recipient shall return all grant funds that have not been expended for the grant's purposes within sixty (60) days after the end of the Grant Period. B. Failure to Cgmply with this Agreement. If Grantee fails to comply with the terms of this Agreement or if Grantee's tax - exempt status is revoked by the Internal Revenue Service, Grantee shall return all unexpended grant funds to the Grantor. In addition, the Grantor may require the reimbursement of any grant funds the Grantor reasonably determines were expended for purposes other than the grant purposes outlined in this Agreement. Upon receiving written notice that funds are to be reimbursed to the Grantor under this paragraph, Grantee shall immediately transfer such funds to the Grantor. IV. Miscellaneous A. Public Charity Status. Grantee assures the Grantor that it is a 501 (c) (3) organization and its exemption determination letter from the Internal Revenue Service is still valid and has not been revoked. B. Acknowledgments. Grants approved by the Grantor will be announced by the Grantor through various communication vehicles. Grantee is encouraged to make public announcements on its own. Grantee agrees that it will suitably recognize the contribution of the Grantor in any public communications or other materials produced regarding the grant and that it will provide the Grantor with a copy of any such materials. Specifically, the Grantee shall provide oral or written acknowledgments substantially in the following forms— Press releases, publications and other public communications shall include the following statement: "This Bayshore Gateway Triangle TIF Grant Program was financially assisted by F/M Third Bank." • Films and audio and video recordings shall include the following statement: `This Bayshore Gateway Triangle TIF Grant Program was made possible in part by a grant from the Fifth Third Bank." 2 o � LJ 13B 1 C. Disclaimer. Grantee shall include the following disclaimer in all publications, films, and audio and video recordings or announce such disclaimer at any public program funded by grant funds: "The views expressed herein do not necessartty represent those of FNth Third Bank." D. Amendment. This Agreement may not be modified or amended except by a written instrument signed by both parties to this Agreement. E. Entire Understanding. This Agreement and its Exhibits contain the entire understanding with respect to the subject matter of this Agreement and supersede all agreements or understandings, written or oral, prior to the execution of this Agreement. F. Paragraph Headings. The paragraph headings contained in this Agreement are included solely for the convenience of reference of the parties and shall not in any way affect the meaning or interpretation of any of the provisions of this Agreement. G. Counterparts. This Agreement may be executed in several counterparts, with each counterpart deemed to be an original document and with all counterparts deemed to be one and the same instrument. H. Solicitation Waiting Period. Grantee understands that it is the policy of Fifth Third Bank to request that grant recipients wait at least 2 years prior to making additional funding solicitations. 1. Execution of Agreement. Grantee agrees to execute and return this agreement to Fifth Third Bank, Community Affairs, 38 Fountain Square Plaza, MD 10AT92, Cincinnati, OH 45263, within 30 days of the Agreement date stated on page 1. IN WITNESS WHEREOF, Fifth Third Bank and Grantee have caused this Agreement to be executed, effective as of the day and year first written above. Fifth Third Bank By: Printed Jadira Hoptry Name: Title: CRA Manager Date: December T", 2011 Bayshore Gateway Triangle Community Redevelopment Agency By: Printed i M O e, C* Name: Title: G r rn u n Date: 3 t,� 4 ATTEST: DW1d�IT,43.,,j3ROCK, Clerk ,Clerk 6w 4 i r 4r 1 i. 03f � y Approved as to form and legal sufficiency: IA=a 7. 540 f, T. w:ll:a�s Assistant County Attorney COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY By: Jim Coletta, Chairman 1.1 d ; Grant Agreement FY 2012 Item # - •�--r- Agenda . O•��, Date Date