Backup Documents 11/09/2010 Item #16B416B4
AGENDA TRANSMITTAL SLIP I Agenda Item
Signatures:
#166 -4
1. Steven Williams, Assistant County Attorney
2. Ian Mitchell, Executive Manager to the BCC for Commissioner Donna Fiala
3. Collier County Minutes & Records Department
Date Submitted: 11/9/10
Requested Agenda Date: 11/9/10
APPROPRIATE HEADING CIRCLE ONE
1 Invocation and Pledge of Allegiance
2
Agenda and Minutes
❑
3
Service Awards
Proclamations
❑
5
Presentations
El
(6)
Public Petitions
HL4'
7 Board of Zoning Appeals
❑
8
Advertised Public Hearings
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9
Board of County Commissioners
10 County Managers Report
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11
Public Comments on General Topics
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12
Count Attome 's Report
(13) Other Constitutional Officers
0(14)
Airport Authority
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(15)
Staff and Commission General
Communications
16 Consent Agenda
17
Summary Agenda
i
Requested by: yy �1
radley Wluckel, Project
Manager, Immokalee CRA
Division Head:
Date: ��, =��� Reviewed by:
Date: County Manager:
Date:
Date:
Item Title:
Request that the Collier County Community Redevelopment Agency (CRA) approve the
application and recipient agreement for the Immokalee CRA Commercial Facade Improvement
Grant Program for reimbursement of $19,954 for facade improvements to Florida Specialties,
LLC located at 601 East Main Street in Immokalee, Florida which is owned by 328 Partners I,
LLC dba Florida Specialties, LLC.
List of Documents Attached:
1. Executive Summary (required)
3.
5.
2. Agreement
4.
i
1,
LL
410 kO
16B4
MEMORANDUM
Date: November 18, 2010
To: Brad Muckel, Project Manager
Immokalee CRA
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: Florida Specialties, LLC Agreement for the Immokalee
CRA Commercial Facade Improvement Grant Program
Attached for your records, is a copy of the agreement referenced above,
(Item #16134) approved by the Board of County Commissioners November 9, 2010.
The Minutes and Record's Department has held the original document for the Board's
Official Record.
If you have any questions, please call me at 252 -8406.
Thank you.
Attachment
1694
COMMERCIAL FACADE IMPROVEMENT PROGRAM RECIPIENT AGREEMENT
THIS AGREEMENT ENTERED this 91h day of November, 2010 by and between the
Collier County Community Redevelopment Agency (CRA) ( Immokalee) (hereinafter referred to
as "CRA ") and 328 Partners 1, LLC dba Florida Specialties, LLC (hereinafter referred to as
"GRANTEE ").
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 Facade Program) allows 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 fagade grant in the amount of 19,954
dollars; and
WHEREAS, the CRA has determined that GRANTEE meets the eligibility requirements
and was approved for a Facade Program award in the amount of 19, _ 954 dollars on 11/9/10,
( "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
Facade Program, that GRANTEE has read the Facade Program Policies and Procedures
document, and that GRANTEE has had ample opportunity to discuss the Facade 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 Facade Program.
GRANTEE agrees to the terms and conditions of the Facade Program attached hereto as Exhibit
A and incorporated herein by reference.
16B4
2. GRANTEE is the record owner of property described as: Lots 6, 7, 8 & 9 of
I I" Street and from the south boundary of Block 8 extending south to the CSX Railroad right -
of -way boundary.
3. GRANTEE has agreed to make certain improvements to the property pursuant to
the Facade Program application submitted to the CRA dated October 25, 2010 attached hereto
and incorporated herein by reference.
4. CRA has approved an award to GRANTEE in the amount of $19,954 to be
administered pursuant to the terms of this Agreement based on an estimated cost of $29,931.
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 -law, 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
2-
1604
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.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year
first written above.
(1
Wi ess Signature
Lwda Aadfjl�
Printed/Typed Name
(2) k4 2�-
Witness Signature
R-t ac- (;a-rc it k
Printed /Typed Name
ATTEST:
DWIGI33'+EL,$ROCK, Clerk
irk
Approved'a916 f6im and
legal sufficiency: _
%_ ��L-
Steven T. Williams
Assistant County Attorney
By:
Printed /Typed Name
CFD - - �
Title and Company
Printed/Typed Name
COLLIER COUNTY COMMUNITY
REDEVELOPMENT AGENCY
By.l��yY.��Ci
Commissioner Donna Fiala, Chair
item #[1 '
Agenda
Date
Date
This Agreement is to be signed and witnessed AFTER CRA staff has found
C
Agenlib B. A4
November 9, 2010
Page 1 of 26
EXECUTIVE SUMMARY
Request that the Collier County Community Redevelopment Agency (CRA) approve the
application and recipient agreement for the Immokalee CRA Commercial Fagade
Improvement Grant Program for reimbursement of $19,954 for fagade improvements to
Florida Specialties, LLC located at 601 East Main Street in Immokalee, Florida which is
owned by 328 Partners I, LLC dba Florida Specialties, LLC.
OBJECTIVE: To approve the Commercial Fagade Grant Application and Agreement between
the Collier County CRA and 328 Partners I, LLC dba Florida Specialties, LLC in the amount of
$19,954 for improvements to their owned property located at 601 East Main Street in
Immokalee, Florida.
CONSIDERATIONS: On July 22, 2008, Agenda Item 8G, at Public Hearing, the Board of
County Commissioners approved Ordinance No. 08 -40 amending Ordinance No. 2002 -38 in
order to create a Commercial Fagade Improvement Grant Program within the geographical
limits of the Immokalee Community Redevelopment Agency.
The purpose of the Fagade Improvement Grant Program is to increase commercial occupancy
rates and property values within the CRA while revitalizing the overall appearance of the
Immokalee Urban Designated Area.
Eligible applicants can receive grant funding up to $20,000 as reimbursement, using a one -half
(' /2) -to -1 match with equal applicant funding for fagade improvements to commercial structures.
328 Partners I, LLC dba Florida Specialties, LLC has met all the criteria for reimbursement as
required by the application process approved by the CRA and the BCC for fagade
improvements to their commercial property located at 601 East Main Street in Immokalee,
Florida. Exhibit A represents the Application submitted for approval and Exhibit B is the
Recipient Agreement. Back up documentation attached to this Executive Summary includes:
Applicant Commitment of Resources Form (Exhibit C), Proof of Ownership (Exhibit D), Property
Tax Payment Verification (Exhibit E), Proof of Property Insurance (Exhibit F), Contractor Bids
(Exhibit G), Conceptual Rendering (Exhibit H), Business Tax Receipt (Exhibit I) and Photos of
Existing Conditions (Exhibit J).
FISCAL IMPACT: Sufficient budget exists within the FY2011 Immokalee CRA Trust Fund (186)
to satisfy this grant application. This fagade grant project total is $29,931 and the reimbursement
grant request is $19,954.
CONSISTENCY WITH GROWTH MANAGEMENT PLAN: The Immokalee Commercial Fagade
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
::: ,K It No. 16134
em er 9, 2010
Page 2 of 26
are coordination of land uses and transportation planning, redevelopment or renewal of blighted
areas, and the promotion of economic development."
LEGAL CONSIDERATIONS: This Executive Summary has been reviewed by the County
Attorney's Office and is legally sufficient. - STW
ADVISORY BOARD RECOMMENDATION: During the regular January 26, 2009 meeting, the
Immokalee Local Redevelopment Advisory Board approved a motion to allow the CRA
Executive Director to approve applications for the Commercial Fagade Grant Program to be
submitted to the CRA Board for final approval, and that upon approval by CRA Executive
Director, the applications will be ratified by the CRA Advisory Board.
RECOMMENDATION: Recommend that the Collier County Redevelopment Agency approve
the application and recipient agreement for the Immokalee Community Redevelopment Agency
(CRA) Commercial Fagade Improvement Grant Program for reimbursement of $29,931 to 328
Partners I, LLC dba Florida Specialties, LLC for improvements to their property located at 601
East Main Street in Immokalee, Florida.
PREPARED BY:
Bradley Muckel,
Project Manager
Immokalee Community Redevelopment Agency (CRA)
Agen oveTi<ib�9, 2L110
I��I]]��]]������ Page 3 of 26
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number: 16134
Item Summary: Request that the Collier County Community Redevelopment Agency (CRA) approve the
application and recipient agreement for the Immokalee CRA Commercial Faade
Improvement Grant Program for reimbursement of $19,954 for faade improvements to
Florida Specialties, LLC located at 601 East Main Street in Immokalee, Florida which is
owned by 328 Partners I, LLC dba Florida Specialties, LLC.
Meeting Date: 11/9/2010 9:00:00 AM
Prepared By
Bradley Muckel
Project Manager
Date
Immokalee County
Immokalee County Redevelopment
10127/2010 3:59:40 PM
Redevelopment Agency
Agency
Approved By
Penny Phillippi
Executive Director, Immokalee CRA
Date
Immokalee County
Immokalee County Redevelopment
11/1/2010 92:21 PM
Redevelopment Agency
Agency
Approved By
OMB Coordinator
Date
County Manager's Office
Office of Management 8 Budget
111112010 2:16 PM
Approved By
Steven Williams
Assistant County Attorney
Date
County Attorney
County Attorney
111112010 3:36 PM
Approved By
Jeff Klatzkow
County Attorney
Date
11/1/2010 3:57 PM
Approved By
Therese Stanley
Manager - Operations Support - Trans
Date
Office of Management 8
Office of Management 8 Budget
111112010 4:13 PM
Budget
Approved By
Mark Isackson
Management /Budget Analyst, Senior
Date
Office of Management 8
Office of Management 8 Budget
1112/2010 2:21 PM
Budge[
111ATRR.P1I E
GR ` "
p velopment Agency
Date of Application: October 25, 2010
Immokalee CRA I -
Commercial Fagade Grant Application
Applicant Information
Grantee Name (company): 328 Partners 1, LLC dba Florida Specialties, I.I.C.
Grantee /Site Address: 601 Fast Main Street, Immokalee, FL 34142
ayti Phone: 239.657.2227 Altercate Phone
D me
E -Mail Address: baileyepa @yahoo.com
Do you own or lease the property? Own
No. 980986
O upational Licensrre
//
Authorized Representative Signature: 4 .1 f �
Project Inform n
-- —
Describe the existing conditions of the site (attach additional sheets if necessary).._..
Building is in need of paint, stucco, landscaping, sidewalks, and windows.
Outline the proposed improvements in detail (attach additional sheets if necessary).
Per Phoenix Associates rendering dated 9/14/2010: building will receive new stucco, paint, windows, awnings, signage
and exterior lighting. The old parking lot entrance will also be demolished to make way for the construction of a new
entrance.
List A roved Contractors and Amounts.
General Contractor: Phoenix Associates of South West Florida, Inc. CGC #1134149.
CRA STAFF:
1) Attach two color pholos of each project to be
Estimated cost or improvements: gt9 =931
performed.
Maximum grant award: S 4
2) Attach Property Appraiser m.
g n
November 9, 2010
Page 5 of 26
' • ti
COMMERCIAL FACADE IMPROVEMENT PROGRAM RE, ECIPIENT AGREEMENT
THIS AGREEMENT ENTERED this 90' day of November, 2010 by and between the
Collier County Community Redevelopment Agency (CRA) (Immokalee) (hereinafter referred to
as "CRA ") and 328 Partners I LLC dba Florida SnecWties. LLC (hereinafter referred to as
"GRANTEE ").
WITNESSETI-l:
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 Fapade Prognun) allows 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 facade grant in the amount of 19.954
dollars; and
WHEREAS, the CRA has determined that GRANTEE meets the eligibility requirements
and was approved for a Fapade Program award in the amount of 19,954_ dollars on 1 1 9/10,
( "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
Fapade Program, that GRANTEE has read the Fapade Program Policies and Procedures
document, and that GRANTEE has had ample opportunity to discuss the Fapade 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 Fapade Program.
GRANTEE agrees to the terms and conditions of the Fapade Program attached hereto as Exhibit
A and incorporated herein by reference.
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November 9, 2010
Page 6 of 26
1664
2. GRANTEE is the record owner of property described as: Tots 6 7 R & 0 of
Va -WAV UVWWary.
3. GRANTEE has agreed to make certain improvements to the property pursuant to
the Fagade Program application submitted to the CRA dated October 25. 2010 attached hereto
and incorporated herein by reference.
4. CRA has approved an award to GRANTEE in the amount of $19.954 to be
administered pursuant to the terms of this Agreement based on an estimated cost of $29.931.
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 GRANTFE,
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 -law, 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 contactor.
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 teens 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. Wi0rin forty -five (45) days after confirmation that the improvements were
constructed pursuant to the terms of the approved application, GRANTF,F. 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 sball be deemed revoked and GRANTEE shall be entitled to no finding.
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
•2-
Agenda Item No .
November 4, 2010
Page 7 of 26
1684
representation, promise or condition, or any waiver, to this Agreement shall be binding unless in
writing and signed by a duly authorized o>iieer 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.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year
first written above,
4Vas %w SSlwattuum `
Z'tM1jn �&'ng —
Primed/Typed Name
Witness Signature
A do_ C ax-c i a
Plinted/iyped Name
ATTEST:
DWIGHT E. BROCK, Clerk
Deputy Clerk
Approved as to form and
legal sufficiency:
Steven T, Williams 5,J a
Assistant County Attorney 1(741
GRANTEE(s):
By:
Prinlc4fl yped Name e'
CF%��er �a Su utiz LlL
7litle and Company
Lo
Pt nted/Typed Name
COLLIER COUNTY COMMUNITY
RF,DEVELOPMENT AGENCY
By :__._____
Commissioner Donna Fiala, Chair
This Agreement is to be signed and witnessed AhTER CRA staff has found the application to be complete.
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