Agenda 02/10/2009 Item #16D 6
Agenda Item No. 16D6
February 10, 2009
Page 1 of 6
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners approve and authorize the Chainnan to
sign an amendment to the Eden Gardens Apartments Limited Partnership; State Housing Initiatives
Partnership (SHIP) Loan for (55) Fifty-Five Multi-Family Rental Units Subrecipient Loan approved
on November 13, 2007 (Item 16D27) for $442,000.00 This amendment will allow for a time extension,
budget change and payments to be made to Eden Gardens Apartment LLP as reimbursement for
expenses incurred for eligible costs associated with the Agreement even though leasing of tbe units is
not complete.
OBJECTIVE: For the Board of County Commissioners to approve and authorize the Chairman to sign
an amendment to the Eden Gardens Apartments Limited Partnership; State Housing Initiatives
Partnership (SHIP) loan for (55) Fifty-Five Multi-Family Rental Units Subrecipient Af,1J"eement which
would allow for time extension, budget change and payments to be made to Eden Gardens Apartments
Limited Partnership as reimbursement for expenses incurred for eligible costs associated with the
Agreement even though leasing of the units is not complete.
CONSIDERATIONS: On November 13, 2007, the Collier County Board of County Commissioners
approved a $442,000.00 Subrecipient Agreement with Eden Gardens Apartments Limited Partnership to
develop and construct 55 rental units for migrant farm workers in the lmmokalee area. Eden Gardens is
now in the process of finishing these units and has submitted a payment request(s) for reimbursement of
eligible costs. The Clerk's Office has requested that the Agreement be amended to specifically allow for
partial or progress payments. The Housing and Human Services Department (HHS) is proposing
Amendment #1 to this Agreement whieh will allow payment for any eligible costs incurred for any
allowable activity in support of this Agreement. The Amendment ",..ill also allow payment to be paid
directly to vendors and contractors for goods and services perfonned in any phase of the construction
covered by this Agreement upon approval by HHS Staff. fIBS stafT is responsible for the monitoring and
oversight of this project until all milestones are completed and all SHIP requirements are met.
FISCAL IMPACT: No general funds are associated with amendment. Expenditures for the SHIP
funded project associated with this amendment have already been budgeted in SHIP Fund (191) for FY07.
GROWTH MANAGEMENT IMPACT: The project associated V\~th this amendment is consistent with
the Growth Management Plan.
LEGAL CONSIDERATIONS: 'This item has been reviewed and approved by the County Atlomey's
Office. This item is not quasi judicial, and as such ex parte disclosure is not required. Tlus item requires
majority vote only, This item is legally sufficient for Board action.-CMG
RECOMMENDA nON: That the Board of County Commissioners approve and authorize the Chairman
to sign an amendment to the Eden Gardens Apartments Limitcd Partnership State Housing Initiatives
Partnership (SHIP) for (55) Fifty-Five Multi-Family Rental Units Subrecipient Agreement approved
November 13, 2007, which will allow for payments to be made to Big Cypress as reimbursement tor
expenses incurred for the Agreement even though leasing of the lmits is not complete.
Prepared by: Rosa Munoz, Grants Coordinator
Housing and Human Services Departnlent
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Page 1 of2
Agenda Item No. 16D6
February 10, 2009
Page 2 of6
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16D6
Recommendation that the Board of County Commissioners approves and authorizes the
Chairman to sign an amendment to the Eden Gardens Apartments Limited Partnership State
Housing Initiatives Program(SHIP) for (55) Fifty-Five Multi-Family Rental Units Subreciplent
Loan approved on November 13, 2007 (Item 16027) ror $442,000,00 This amendment will
allow for a time extension, budget change and payments to be made to Eden Gardens
Apartment LLP as reimbursement for expenses incurred for eligible costs associated with the
Agreement even though leasing of the units is not complete.
Meeting Date:
2/10/200990000 AM
Prepared By
Rosa Muoz
Grants Management Coordinator
Date
Community Development &
Environmental Services
Financial Admin. & Housing
1123/200911:41:18AM
Approved By
Margo Castorena
Public Services
Director
Date
Domestic Animal Services
1123/20094:20 PM
Approved By
Marcy Krumbine
Director
Date
Public Services
Housing & Human Services
1/26/20094:19 PM
Approved By
Colleen Greene
County Attorney
Assistant County Attorner
County Attorney Office
Date
11271200911:39 AM
Approved By
Marla Ramsey
Public Services
Public Services Administrator
Date
Public Services Admin.
1127/20092:38 PM
Approved By
Marlene J. Foord
Grants Coordinator
Date
Administrative Services
Administrative Services Admin.
1/27/20094:08 PM
Approved By
Ly n Wood
Administrative Services
Purchasing Agent
Purchasing
Date
1/27/20094:25 PM
Approved By
Steve Carnell
PurchasingfGeneral Svcs Director
Purchasing
Date
Administrative Services
1/27/20098:08 PM
Approved By
Jeff Klatzkow
Assistant County Attorney
County Attorney Office
Date
County Attorney
1/28/20099:29 AM
Approved By
OMB Coordinator
OMS Coordinator
Date
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Page 2 of2
Agenda Item No. 16D6
February 10, 2009
Page 3 of 6
County Manager's Office
Office of Management & Budget
1128/200910:45 AM
Approved By
Sherry Pryor
County Manager's Office
Management & Budget Analyst
Office of Management & Budget
Date
1129/20092:50 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
1/29/2009 3:39 PM
file://C:\AgendaTest\Export\ 123-February%20 I 0,%202009\ 16.%20CONSENT%20AGEND... 2/4/2009
Agenda Item No. 1606
February 10. 2009
Page 4 of 6
EXHIBIT A-I Contract Amendment # 1
"Eden Gardens Apartments Limited Partnership State Housing Initiatives Program (SHIP) New
Construction Loan for (55) Fifty-Five Units"
This amendment, dated Februarv 10. 2009 to the referenced agreement shall be by and between the
parties to the original Agreement, Eden Gardens ("Developer") and Collier County ("County"), a
political subdivision of the state of Florida..
Statement of Understanding
RE: Contract # CSFA #52.901, "Eden Gardens Apartments Limited Partnership State Housing
Initiatives Program (SHIP) New Construction Loan for (55) Fifty-Five Units"
In order to continue the services provided for in the original Contract document referenced above,
the Developer agrees to amend the above referenced Contract as follows:
Exhibit A
AMEND: Exhibit A - Scope, Section C, Budget
Note: Words underlined have been added. Words struclc through have been deleted.
C.
SHIP BUDGET:
Line Item:
SHIP Funds
TOTAL SHIP FUNDS
$397,800.00 $442,000
$ 44,200.00
$442,000.00
Procurement, new construction and CO of units
Develofler's feef AdministrntivefProject Costs
AMEND: Exhibit A - Scope, Section I, Work Schedule
Note: Words underlined have been added. Words struek through have been deleted.
Plem;e note that if {my of these aetivities eJEeeetl the Rmelinc by two months a "eWsed W01'k
sehedule :nHSt be submitted to the HtHIffing ttlttl HN_ St!l'Viees Depa1'tmetlt oJ which time the
agreement hils to be tIHIeIftied and submitted to Bee fm appr-8I'lll.
NOTE: Perfornwnce milestones are in effect for orOflram monitorinfl requirements onlv. and as
such. are used bv HUD and other f!1'antor at!encies as fleneral tarflet floals rather than strict
oerfornwnce reiluirements.
1. WORK SCHEDULE: The time frame for completion of the outlined activities shall be:
June 30.2009.
I ~:
Start eonntruction
~~f 5: units eemfllete
Lease Up Complete
Ii
11/30;07
10/30!O8
12/30/08
Exhibit A-I Contract Amendment #1
Eden Gardens Apts LLP SHIP New Construction Loan, Page 2 01'3
Agenda Item No. 16D6
February 10, 2009
Page 5 of 6
AMEND: Exhibit A - Scope, Section I, Compensation
Note: Words underlined have been added. Words struek woagll have been deleted.
COMPENSATION: The County shall reimburse the DEVELOPER for the performance of this
Agreement upon completion or partial completion of the work tasks as accepted and approved by
HHS pursuant to the submittal of monthly progress reports as identified in Section L.
Reimbursement shall be made to the DEVELOPER when requested as work progresses, but not
more frequently than once per month.. Progress payments to the Eden Gardens Apts LLP as
approved bv HHS can be made for any eligible activity listed in the contract. Eligible work tasks
and/or activities shall include. but not be limited to. construction development. Payments for
eligible work tasks and/or activities may be made directIv to the provider of the serviee(s). as
approved by HHS. at Eden Garden's request. AElllereHee to the work sclledtlle identified in Section
H will be requirod, anlsGs medifies in writing by tile parties. Reimbursement will be made upon
receipt of a proper invoice and in compliance with Section 218.70, Fla. Stat., otherwise known as
the "Florida Local Government Prompt Payment Act".
All other terms and conditions of the agrecmcnt shall remain in force.
Exhibit A-I Contract Amendment #1
Eden Gardens Apts LLP SHIP New Construction Loan, Page 3 of 3
Agenda Item No. 16D6
February 10, 2009
Page 6 of 6
IN WITNESS WHEREOF, the Sub-Recipient and the County have each, respectively, by an
authorized person or agent, hereunder set their hands and seals on the date(s) indicated below.
A TrEST:
Accepted:
COUNTY:
,2009
Dwight E, Brock, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
Chairn1an
Developer:
!
Eden Gardeos Apart~;:rrts, LLP
..":(/'~,,.--I'
By:" "~",~>" C,,~:,,' L.,,~
Steve Kirk, President
I .
::PAR~L~~~C:7{' .
/" ! Marcy Kru/nbine
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WITNESS;
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By:
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GRANJ-CQ"O'RDlNA T~ _____-- .
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By/'j ?/";'C, / --~
Rosa Munoz (
Print Name and Title
WITNESS:
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Vi ~c.,le.~
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PnntName and Title
CONTRACT SPECIALIST
u, '1 )1)i{)~
"! ~yn Wood
,
Approved as to fonn and
Legal Sufficiency:
~fV1lfr@A1fl.
Assistant County Attorney
Cd~fJ1 (h. 6ree(LQ.....
Printed Name